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(Revised December 8, 2010)

 

 



 252.222-7000 Restrictions on Employment of Personnel.
 252.222-7001 Right of First Refusal of Employment--Closure of Military Installations.
 252.222-7002 Compliance with Local Labor Laws (Overseas).
 252.222-7003 Permit from Italian Inspectorate of Labor.
 252.222-7004 Compliance with Spanish Social Security Laws and Regulations.
 252.222-7005 Prohibition on Use of Nonimmigrant Aliens
 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements

252.222-7000  Restrictions on Employment of Personnel.

As prescribed in 222.7004, use the following clause:

 

RESTRICTIONS ON EMPLOYMENT OF PERSONNEL (MAR 2000)

 

      (a)  The Contractor shall employ, for the purpose of performing that portion of the contract work in _______________, individuals who are residents thereof and who, in the case of any craft or trade, possess or would be able to acquire promptly the necessary skills to perform the contract.

 

      (b)  The Contractor shall insert the substance of this clause, including this paragraph (b), in each subcontract awarded under this contract.

 

(End of clause)

 

252.222-7001  Right of First Refusal of Employment--Closure of Military Installations.

As prescribed in 222.7102, use the following clause:

 

RIGHT OF FIRST REFUSAL OF EMPLOYMENT--CLOSURE OF MILITARY INSTALLATIONS (APR 1993)

 

      (a)  The Contractor shall give Government employees, who have been or will be adversely affected by closure of the military installation where this contract will be performed, the right of first refusal for employment openings under the contract.  This right applies to positions for which the employee is qualified, if consistent with post-Government employment conflict of interest standards.

 

      (b)  Government personnel seeking preference under this clause shall provide the Contractor with evidence of eligibility from the Government personnel office.

 

(End of clause)

 

252.222-7002  Compliance with Local Labor Laws (Overseas).

As prescribed in 222.7201(a), use the following clause:

 

COMPLIANCE WITH LOCAL LABOR LAWS (OVERSEAS) (JUN 1997)

 

      (a)  The Contractor shall comply with all¾

 

              (1)  Local laws, regulations, and labor union agreements governing work hours; and

 

              (2)  Labor regulations including collective bargaining agreements, workers’ compensation, working conditions, fringe benefits, and labor standards or labor contract matters.

 

      (b)  The Contractor indemnifies and holds harmless the United States Government from all claims arising out of the requirements of this clause.  This indemnity includes the Contractor’s obligation to handle and settle, without cost to the United States Government, any claims or litigation concerning allegations that the Contractor or the United States Government, or both, have not fully complied with local labor laws or regulations relating to the performance of work required by this contract.

 

      (c)  Notwithstanding paragraph (b) of this clause, consistent with paragraphs 31.205-15(a) and 31.205-47(d) of the Federal Acquisition Regulation, the Contractor will be reimbursed for the costs of all fines, penalties, and reasonable litigation expenses incurred as a result of compliance with specific contract terms and conditions or written instructions from the Contracting Officer.

 

(End of clause)

 

252.222-7003  Permit from Italian Inspectorate of Labor.

As prescribed in 222.7201(b), use the following clause:

 

PERMIT FROM ITALIAN INSPECTORATE OF LABOR (JUN 1997)

 

Prior to the date set for commencement of work and services under this contract, the Contractor shall obtain the prescribed permit from the Inspectorate of Labor having jurisdiction over the work site, in accordance with Article 5g of Italian Law Number 1369, dated October 23, 1960.  The Contractor shall ensure that a copy of the permit is available at all reasonable times for inspection by the Contracting Officer or an authorized representative.  Failure to obtain such permit may result in termination of the contract for the convenience of the United States Government, at no cost to the United States Government.

 

(End of clause)

 

252.222-7004  Compliance with Spanish Social Security Laws and Regulations.

As prescribed in 222.7201(c), use the following clause:

 

COMPLIANCE WITH SPANISH SOCIAL SECURITY LAWS AND REGULATIONS

(JUN 1997)

 

      (a)  The Contractor shall comply with all Spanish Government social security laws and regulations.  Within 30 calendar days after the start of contract performance, the Contractor shall ensure that copies of the documents identified in paragraph (a)(1) through (a)(5) of this clause are available at all reasonable times for inspection by the Contracting Officer or an authorized representative.  The Contractor shall retain the records in accordance with the Audit and Records clause of this contract.

 

              (1)  TC1--Certificate of Social Security Payments;

 

              (2)  TC2--List of Employees;

 

              (3)  TC2/1--Certificate of Social Security Payments for Trainees;

 

              (4)  Nominal (pay statements) signed by both the employee and the Contractor; and

 

              (5)  Informa de Situacion de Empressa (Report of the Condition of the Enterprise) from the Ministerio de Trabajo y S.S., Tesoreria General de la Seguridad Social (annotated with the pertinent contract number(s) next to the employee’s name).

 

      (b)  All TC1’s, TC2’s, and TC2/1’s shall contain a representation that they have been paid by either the Social Security Administration Office or the Contractor’s bank or savings institution.  Failure by the Contractor to comply with the requirements of this clause may result in termination of the contract under the clause of the contract entitled “Default.”

 

(End of clause)

 

 

252.222-7005  Prohibition on Use of Nonimmigrant Aliens--Guam.

As prescribed in 222.7302, use the following clause:

 

PROHIBITION ON USE OF NONIMMIGRANT ALIENS--GUAM (SEP 1999)

 

The work required by this contract shall not be performed by any alien who is issued a visa or otherwise provided nonimmigrant status under Section 101(a)(15)(H)(ii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)).  This prohibition does not apply to the performance of work by lawfully admitted citizens of the freely associated states of the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau.

 

(End of clause)

 

252.222-7006  Restrictions on the Use of Mandatory Arbitration Agreements.

As prescribed in 222.7405, use the following clause:

 

RESTRICTIONS ON THE USE OF MANDATORY ARBITRATION AGREEMENTS
(DEC 2010)

 

      (a)  Definitions. As used in this clause–

 

“Covered subcontractor” means any entity that has a subcontract valued in excess of $1 million, except a subcontract for the acquisition of commercial items, including commercially available off-the-shelf items.

 

“Subcontract” means any contract, as defined in Federal Acquisition Regulation subpart 2.1, to furnish supplies or services for performance of this contract or a higher-tier subcontract thereunder.

 

      (b)  The Contractor—

 

              (1)  Agrees not to–

 

                    (i)  Enter into any agreement with any of its employees or independent contractors that requires, as a condition of employment, that the employee or independent contractor agree to resolve through arbitration–

 

                            (A)   Any claim under title VII of the Civil Rights Act of 1964; or

 

                            (B)   Any tort related to or arising out of sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention; or

 

                    (ii)  Take any action to enforce any provision of an existing agreement with an employee or independent contractor that mandates that the employee or independent contractor resolve through arbitration–

 

                            (A)   Any claim under title VII of the Civil Rights Act of 1964; or

 

                            (B)   Any tort related to or arising out of sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention; and

 

              (2)  Certifies, by signature of the contract, that it requires each covered subcontractor to agree not to enter into, and not to take any action to enforce, any provision of any existing agreements, as described in paragraph (b)(1) of this clause, with respect to any employee or independent contractor performing work related to such subcontract.

 

      (c)  The prohibitions of this clause do not apply with respect to a contractor’s or subcontractor’s agreements with employees or independent contractors that may not be enforced in a court of the United States.

 

      (d)  The Secretary of Defense may waive the applicability of the restrictions of paragraph (b) of this clause in accordance with Defense Federal Acquisition Regulation Supplement 222.7404.

 

(End of clause)

 


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