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Sign In Required. To save favorites, you must log in. Creating an account is free, easy, and takes about 60 seconds. Log In Create Account. Already have an MDCalc account? The principal investigators of the study request that you use the official version of the modified score here.
Predicts ICU mortality based on lab results and clinical data. When to Use. Why Use. It is not clear if the score can be reliably used in patients that were transferred from another ICU. The score is calculated on admission and every 24 hours until discharge using the worst parameters measured during the prior 24 hours.
The scores can be used in a number of ways: As individual scores for each organ to determine progression of organ dysfunction.
As the sum of scores on one single ICU day. As the sum of the worst scores during the ICU stay. It is believed to provide a better stratification of the mortality risk in ICU patients given that the data used to calculate the score is not restricted to admission values. Tips from creator Dr. Jean-Louis Vincent: The respiratory dysfunction component is often misunderstood. The patient needs to have some respiratory support mechanical ventilation or CPAP to have a respiratory score of 3 or 4 to make sure it is not just some minor atelectasis , but not the other way around: a comatose patient may need mechanical ventilation and yet have no significant hypoxemia.
On mechanical ventilation. Including CPAP. If on sedatives, estimate assumed GCS off sedatives. Mean arterial pressure OR administration of vasoactive agents required. No hypotension. For research purposes only; answer does NOT impact results. Confirmed positive. Result: Please fill out required fields. Next Steps. Creator Insights. Jean-Louis Vincent. Are you Dr. For your resume to be searchable and efficient, take your time to learn the subtleties of the federal resume builder USAJOBS has created.
We have come up with the top 4 tips that will help you avoid the common mistakes that often prevent the candidates from being recognized as qualified for the job. Read the announcement carefully! Before appl ying for a position, go to the Qualifications section in the vacancy announcement and preview the vacancy announcement questions.
And more detailed Qualifications list for a Strategic Marketing Analyst position :. As we can see, Qualifications requirements may vary depending on GS position, education, expert level skills or other specific knowledge relevant to a job announcement. So make sure to select a corresponding answer to each question prior to appl ying for a job posting.
This is indeed a tedious task but it is totally worth the effort. Although having similar titles, the different job announcement will be using different keywords to describe their requirements for the candidate.
Keep your resume brief, describe your work experience and education relevant to the position you apply for. The advantage of the resume builder is that you get a consistent federal cv, which can be found by a recruiter using a keyword search. Building a resume that is perfectly in tune with the specific announcement will help your application score more points in the competition.
It is true that a resume should normally be kept brief but with the federal government resumes, it is all about the perfect balance between being concise and being informative. This shows how literally complete your resume is. Proofread Believe it or not but such an obvious step in the resume writing process is often neglected by the applicants. Typographical errors, not to speak of grammatical and spelling mistakes, will seriously impair the impressions of the federal HR specialist even about a seemingly perfect resume.
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Estimating system includes the Contractor's—. The Contractor shall establish, maintain, and comply with an acceptable estimating system. Paragraphs d and e of this clause apply if the Contractor is a large business and either—. If the Contractor wishes the Government to protect the data and information as privileged or confidential, the Contractor must mark the documents with the appropriate legends before submission.
An acceptable estimating system shall accomplish the following functions:. The initial determination will describe the deficiency in sufficient detail to allow the Contractor to understand the deficiency. If the Contractor disagrees with the initial determination, the Contractor shall state, in writing, its rationale for disagreeing. Contracting Officer that the proposed price is fair and reasonable [ U.
Contracting Officer to insert description of the data required in accordance with FAR Contracting Officer has deemed necessary to determine price reasonableness or cost realism is ineligible for award unless the head of the contracting activity determines that it is in the best interest of the Government to make the award to that offeror.
This clause, in lieu of FAR Contracting Officer in the solicitation ]. Selected Reserve members normally attend regular drills throughout the year and are the group of Reserves most readily available to the President. Such documentation may include, but is not limited to—.
This solicitation provides offerors fewer than 30 days to submit proposals. In the event that only one offer is received in response to this solicitation, the Contracting Officer may cancel the solicitation and resolicit for an additional period of at least 30 days in accordance with After initial submission of offers, if the Contracting Officer notifies the Offeror that only one offer was received, the Offeror agrees to—.
If the Offeror is the Canadian Commercial Corporation, certified cost or pricing data are not required. Contracting Officer to provide description of the data required in accordance with FAR Unless the Offeror is the Canadian Commercial Corporation, the Offeror shall insert the substance of this provision, including this paragraph c , in all subcontracts exceeding the simplified acquisition threshold defined in FAR part 2. The offeror shall complete the following checklist, providing location of requested information, or an explanation of why the requested information is not provided.
Is there a properly completed first page of the proposal per FAR A or as specified in the solicitation? Include the accountable contract number and contracting officer contact information if known. Does the proposal identify and explain notifications of noncompliance with Cost Accounting Standards Board or Cost Accounting Standards CAS ; any proposal inconsistencies with your disclosed practices or applicable CAS; and inconsistencies with your established estimating and accounting principles and procedures?
Does the proposal disclose any other known activity that could materially impact the costs? Is an Index of all certified cost or pricing data and information accompanying or identified in the proposal provided and appropriately referenced? Are there any exceptions to submission of certified cost or pricing data pursuant to FAR If so, is supporting documentation included in the proposal? Note questions Does the proposal disclose the judgmental factors applied and the mathematical or other methods used in the estimate, including those used in projecting from known data?
Does the proposal disclose the nature and amount of any contingencies included in the proposed price? Does the proposal explain the basis of all cost estimating relationships labor hours or material proposed on other than a discrete basis? Is there a summary of total cost by element of cost and are the elements of cost cross-referenced to the supporting cost or pricing data?
Breakdowns for each cost element must be consistent with your cost accounting system, including breakdown by year. Does the proposal identify any incurred costs for work performed before the submission of the proposal? If so, the offeror shall identify the official submittal of such rate and factor data.
If not, does the proposal include all rates and factors by year that are utilized in the development of the proposal and the basis for those rates and factors?
Does the proposal include a consolidated summary of individual material and services, frequently referred to as a Consolidated Bill of Material CBOM , to include the basis for pricing? DFARS Has the offeror identified in the proposal those subcontractor proposals, for which the contracting officer has initiated or may need to request field pricing analysis? Per the thresholds of FAR Has the offeror submitted an exception to the submission of certified cost or pricing data for commercial items proposed either at the prime or subcontractor level, in accordance with provision Has the offeror specifically identified the type of commercial item claim FAR 2.
For modified commercial items FAR 2. A modification of a type customarily available in the commercial marketplace paragraph 3 i ; or. A minor modification paragraph 3 ii of a type not customarily available in the commercial marketplace made to meet Federal Government requirements not exceeding the thresholds in FAR Does the proposal support the degree of competition and the basis for establishing the source and reasonableness of price for each subcontract or purchase order priced on a competitive basis exceeding the threshold for certified cost or pricing data?
For inter-organizational transfers proposed at cost, does the proposal include a complete cost proposal in compliance with Table ? For inter-organizational transfers proposed at price in accordance with FAR Does the proposal include a time phased i. If labor is the allocation base for indirect costs, the labor cost must be summarized in order that the applicable overhead rate can be applied.
For labor Basis of Estimates BOEs , does the proposal include labor categories, labor hours, and task descriptions, e. Does the proposal indicate the basis of estimate for proposed indirect costs and how they are applied?
Support for the indirect rates could consist of cost breakdowns, trends, and budgetary data. Does the proposal include other direct costs and the basis for pricing? If travel is included does the proposal include number of trips, number of people, number of days per trip, locations, and rates e.
Are all cost element breakdowns provided using the applicable format prescribed in FAR If the proposal is for a modification or change order, have cost of work deleted credits and cost of work added debits been provided in the format described in FAR If Economic Price Adjustments are being proposed, does the proposal show the rationale and application for the economic price adjustment?
As used in this provision—. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted and whether the price is fair and reasonable. If the prices are controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.
For a commercial item exception, the Offeror shall submit, at a minimum, information that is adequate for evaluating the reasonableness of the price for this acquisition, including prices at which the same item or similar items have been sold in the commercial market. Such information shall include—. A For items previously determined to be commercial, the contract number and military department, defense agency, or other DoD component that rendered such determination, and if available, a Government point of contact;.
C For items priced based on market pricing, a description of the nature of the commercial market, the methodology used to establish a market price, and all relevant sales data. The description shall be adequate to permit DoD to verify the accuracy of the description;. D For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item; or.
E For items provided by nontraditional defense contractors, a statement that the entity is not currently performing and has not performed, for at least the 1-year period preceding the solicitation of sources by DoD for the procurement or transaction, any contract or subcontract for DoD that is subject to full coverage under the cost accounting standards prescribed pursuant to 41 U. If the Offeror is not granted an exception from the requirement to submit certified cost or pricing data, the following applies:.
The instructions in Table are incorporated as a mandatory format to be used in any resultant contract, unless the Contracting Officer and the Offeror agree to a different format and change this provision to use Alternate I.
A To support the conclusion that items are technically similar; and. B To explain any technical differences that account for variances between the proposed prices and the sales data presented. The Offeror shall insert the substance of this provision, including this paragraph e , in subcontracts exceeding the simplified acquisition threshold defined in FAR part 2.
The Offeror shall require prospective subcontractors to adhere to the requirements of -. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office. The Contracting Officer shall insert the description at the time of issuing the solicitation or specify that the format regularly maintained by the offeror or prospective subcontractor in its business operations will be acceptable.
The Contracting Officer may amend the description as the result of negotiations. The Offeror shall insert the substance of this provision, including this paragraph e , in all subcontracts exceeding the simplified acquisition threshold defined in FAR part 2. The Offeror shall require prospective subcontractors to adhere to the requirements of—.
The Offeror shall submit the cost portion of the proposal via the following electronic media: [Insert media format, e. Offerors are advised that in accordance with 10 U.
The decision to apply commercial item procedures to the procurement of supplies and services from a nontraditional defense contractor does not require a commercial item determination and does not mean the supplies or services are commercial. There are two types of offsets: direct offsets and indirect offsets.
For example, as a condition of a foreign military sale, the contractor may require or agree to permit the customer to produce in its country certain components or subsystems of the item being sold. Generally, direct offsets must be performed within a specified period, because they are integral to the deliverable of the FMS contract. For example, as a condition of a foreign military sale, the contractor may agree to purchase certain manufactured products, agricultural commodities, raw materials, or services, or make an equity investment or grant of equipment required by the FMS customer, or may agree to build a school, road or other facility.
Indirect offsets would also include projects that are related to the FMS contract but not purchased under said contract e. Indirect offsets may be accomplished without a clearly defined period of performance. The review may be conducted in support of a particular contract proposal or during contract performance to find opportunities to reduce program costs. The Government will communicate the elements of the proposed should-cost review to the prime contractor Pub.
The request is considered timely if received within 3 days of notification of contract award. A The date that the postaward debriefing is delivered, orally or in writing; or.
B If additional written questions related to the debriefing are timely received, the date the agency delivers its written response. The Government may suspend performance of or terminate the awarded contract upon notice from the Government Accountability Office of a protest filed within the time periods listed in paragraphs c 1 through 3 of this provision, whichever is later:. This price is the net price after applying any applicable standard trade discounts offered by the Contractor from its catalog, list, or schedule price.
If it is not, the effective date of the increased unit price shall be the date of receipt of the request by the Contracting Officer; and. The Contractor shall be paid for those deliveries at the contract unit price increased to the extent provided by paragraph d of this clause. But see Note 6.
See Note 5. No modification to this contract will be made pursuant to this clause until the Contracting Officer has verified the revised established price see Note 6. In paragraph e 3 iii , insert the percentage representing the difference between the sum of the percentages inserted in paragraph b and percent.
If the Contractor's request is received later, the effective date shall be the date that the Contracting Officer received the Contractor's request. The decrease in contract unit price s shall apply to all items delivered on and after the effective date of the government's rate or price decrease.
The Contractor shall make available its books and records that support a requested change in contract price. A Has been determined in the performance of this contract to have caused serious bodily injury or death of any civilian or military personnel of the Government through gross negligence or with reckless disregard for the safety of such personnel; or. B Has been determined to be liable for actions of a subcontractor of the Contractor that caused serious bodily injury or death of any civilian or military personnel of the Government through gross negligence or with reckless disregard for the safety of such personnel.
C In an administrative proceeding, a finding of fault and liability that results in—. D In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in subparagraphs a ii A , a ii B , or a ii C. E In a DoD investigation of the Contractor or its subcontractors at any tier not subject to the jurisdiction of the U.
This price is the net price after applying any applicable standard trade discounts offered by the offeror from its catalog, list, or schedule price. The request is considered timely if received within 3 days of notification of task order or delivery order award. The Government may suspend performance of or terminate the awarded task order or delivery order upon notice from the Government Accountability Office of a protest filed within the time periods listed in paragraphs b 1 through 3 of this clause, whichever is later:.
Failure to agree on an equitable adjustment shall be treated as a dispute under the Disputes clause of this contract. If the Plan was negotiated before contract award, then the negotiated schedule shall be used. This delivery schedule shall provide acceleration by month up to the maximum sustainable rate of delivery achievable within the Contractor's existing facilities, equipment, and subcontracting structure.
The notice and modification will establish a not-to-exceed price equal to the highest contract unit price or cost of the added or accelerated items as of the date of the notice. However, nothing in this clause shall excuse the Contractor from proceeding with the performance of the contract, as modified, while any resulting claim is being settled.
Offerors may inspect the property during the period insert beginning and ending dates and insert hours during day. The issuance of a job order signed by the Contracting Officer constitutes award.
The job order shall incorporate the terms and conditions of the Master Agreement. The Contractor shall maintain, and make available for inspection by the Contracting Officer or the Contracting Officer's representative, records supporting the cost of performing the work.
In the meantime, the Contractor shall diligently proceed to perform the work ordered. The prices agreed upon shall be set forth in a modification of the job order. Coast Guard, and the Institute of Electrical and Electronic Engineers, in effect at the time of Contractor's submission of bid or acceptance of the job order, if negotiated. The solicitation shall prescribe the Navy standard whenever applicable. Qualifications of a welder shall be as specified in the job order.
The amount retained will be in accordance with the rate authorized by Congress for Naval vessel repair contracts at the time of job order award. If the Contracting Officer does not so direct—. Where performance and payment bond is required, the offer price shall be increased upon the award of the job order in an amount not to exceed the premium of a corporate surety bond. Examples of such causes include acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather.
Failure to agree shall be a dispute concerning a question of fact within the meaning of the Disputes clause. Subject to the provisions of the Disputes clause of the Master Agreement, the Contracting Officer shall ascertain the facts and the extent of the delay and shall extend the time for performance when in the judgment of the Contracting Officer, the findings of fact justify an extension.
The Contractor shall not start work until the job order has been awarded except in the case of emergency work ordered by the Contracting Officer under the Job Orders and Compensation clause of the Master Agreement. Upon completion of the work, the Government shall accept delivery of the vessel at the time and location specified in the job order. Dock and sea trials not specified in the job order shall be at the Contractor's expense and risk.
The Contractor shall be responsible for care, installation, and removal of instruments and apparatus furnished by the Government for use in the trials. The Government assumes the risks of loss of and damage to that property. B Defective materials or equipment furnished by the Contractor or its subcontracts; or. C Workmanship, materials, or equipment which do not conform to the requirements of the contract, whether or not the defect is latent or whether or not the nonconformance is the result of negligence.
If required by the Contracting Officer, the Contractor shall execute a formal assignment or transfer of the claim, demand, or cause of action. The Contractor indemnifies the Government and the vessel and its owners against all claims, demands, or causes of action to which the Government, the vessel or its owner s might be subject as a result of damage or injury including death to the property or person of anyone other than the Government or its employees, or the vessel or its owner, arising in whole or in part from the negligence or other wrongful act of the Contractor or its agents or employees, or any subcontractor, or its agents or employees.
For any claim, etc. The indemnity does apply to death occurring after 90 days where the injury was received during the period covered by the indemnity. The Government shall reimburse the Contractor for expenses incurred in this effort, other than the cost of maintaining the Contractor's usual organization.
The Contracting Officer may, without prejudice to any other right of the Government, either—. In that event, the Contractor and Contracting Officer shall negotiate an equitable reduction in the job price. Failure to agree upon an equitable reduction shall constitute a dispute under the Disputes clause of this agreement. Nothing contained in the Master Agreement or any job order shall relieve the Contractor of any obligations it may have to comply with—.
The Contractor agrees to begin promptly negotiating with the Contracting Officer the terms of a definitive contract that will include 1 all clauses required by the Federal Acquisition Regulation FAR on the date of execution of the undefinitized contract action, 2 all clauses required by law on the date of execution of the definitive contract action, and 3 any other mutually agreeable clauses, terms, and conditions.
In any event, the Contractor shall proceed with completion of the contract, subject only to the Limitation of Government Liability clause. If the parties cannot agree upon the procedures, the Administrative Contracting Officer has the unilateral right to direct the over and above work procedures to be followed. These procedures shall, as a minimum, cover—. Work requests shall contain data on the type of discrepancy disclosed, the specific location of the discrepancy, and the estimated labor hours and material required to correct the discrepancy.
Data shall be sufficient to satisfy contract requirements and obtain the authorization of the Contracting Officer to perform the proposed work;.
The Government and Contractor will then negotiate a settlement for the over and above work. Contract modifications will be executed to definitize all over and above work. The Offeror is therefore encouraged to develop the capabilities and characteristics typically desired in contractors that are competitive as other-than-small contractors in this industry.
This clause supplements the Federal Acquisition Regulation Notifications shall be in writing and shall occur within a reasonable period of time after award of the subcontract. Contractor-specified formats shall be acceptable. Alternate II. Eligible contractor means a business entity operated on a for-profit or nonprofit basis that -. Upon expulsion from the Test Program or expiration of the Test Program, the Contractor shall negotiate an individual subcontracting plan for all future contracts that meet the requirements of 15 U.
The reports shall provide information on subcontract awards to small business concerns, veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns, and women-owned small business concerns. Purchases from a corporation, company, or subdivision that is an affiliate of the prime Contractor or subcontractor are not included in these reports. Subcontract award data reported by prime contractors and subcontractors shall be limited to awards made to their immediate next-tier subcontractors.
Credit cannot be taken for awards made to lower-tier subcontractors unless the Contractor or subcontractor has been designated to receive a small business or small disadvantaged business credit from a member firm of the Alaska Native Corporations or an Indian tribe. Only subcontracts involving performance in the U.
Reports are due 30 days after the close of each reporting period. The Contracting Officer will compare the approved percentage or dollar goals to the total, actual subcontracting dollars covered by the plan. The Contractor shall include in subcontracts that offer subcontracting opportunities, are expected to exceed the applicable threshold specified in FAR Accordingly, the SBA, even if not identified in Section A of this contract, is the prime contractor and retains responsibility for 8 a certification, for 8 a eligibility determinations and related issues, and for providing counseling and assistance to the 8 a Contractor under the 8 a Program.
The cognizant SBA district office is:. The contracting office also shall coordinate with the SBA prior to processing any novation agreement. The contracting office may assign contract administration functions to a contract administration office. Consistent with section of Public Law , transfer of ownership or control shall result in termination of the contract for convenience, unless the SBA waives the requirement for termination prior to the actual relinquishing of ownership and control.
The Contractor shall not begin performance under this purchase order until 2 working days have passed from the date of its receipt. Unless the Contractor receives notification from the Small Business Administration that it is ineligible for this 8 a award, or otherwise receives instructions from the Contracting Officer, performance under this purchase order may begin on the third working day following receipt of the purchase order. If a determination of ineligibility is issued within the 2-day period, the purchase order shall be considered canceled.
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 , dated October 23, 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. 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. 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 a 15 H ii of the Immigration and Nationality Act 8 U.
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.
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. 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.
The Standard requires that the hazard warning label conform to the requirements of the standard unless the material is otherwise subject to the labelling requirements of one of the following statutes:. Any hazardous material not listed will be interpreted to mean that a label is required in accordance with the Hazard Communication Standard.
The Contractor shall also comply with any other additional requirements included in the schedule of this contract. The Contractor shall allow authorized Government representatives to evaluate safety programs, implementation, and facilities. The Contractor is not entitled to reimbursement of costs incurred to correct noncompliances unless such reimbursement is specified elsewhere in the contract.
The Contracting Officer may direct a different time period for the correction of noncompliances. The Contractor shall not resume performance until the Contracting Officer is satisfied that the corrective action was effective and the Contracting Officer so informs the Contractor.
If the Contractor is entitled to an equitable adjustment, it shall be made in accordance with the Changes clause of this contract. If a mishap involving ammunition or explosives occurs, the Contractor shall—.
The Contracting Officer or authorized representative may furnish copies to the subcontractor. The Contractor and higher tier subcontractors shall also include provisions to allow direction to cease performance of the subcontract if a serious uncorrected or recurring safety deficiency potentially causes an imminent hazard to DoD personnel, property, or contract performance.
The Contractor will determine the best method for verifying the adequacy of the subcontractor's compliance. The Government performs these safety surveys of subcontractor facilities solely to prevent the occurrence of any mishap which would endanger the safety of DoD personnel or otherwise adversely impact upon the Government's contractual interests.
Failure to furnish this information with the offer may result in rejection of the offer. The Contracting Officer shall grant approval only if there is enough time for the Government to perform the necessary safety reviews on the new proposed place of performance. While this clause defines criteria for such a program, contractors are encouraged to implement alternative approaches comparable to the criteria in paragraph c that are designed to achieve the objectives of this clause.
Employee drug testing programs shall be established taking account of the following:. The extent of and criteria for such testing shall be determined by the Contractor based on considerations that include the nature of the work being performed under the contract, the employee's duties, the efficient use of Contractor resources, and the risks to health, safety, or national security that could result from the failure of an employee adequately to discharge his or her position.
A When there is a reasonable suspicion that an employee uses illegal drugs; or. C As part of or as a follow-up to counseling or rehabilitation for illegal drug use;.
Contractors shall not allow any employee to remain on duty or perform in a sensitive position who is found to use illegal drugs until such time as the Contractor, in accordance with procedures established by the Contractor, determines that the employee may perform in such a position. It does not include a temporary accumulation of a limited quantity of a material used in or a waste generated or resulting from authorized activities, such as servicing, maintenance, or repair of Department of Defense DoD items, equipment, or facilities.
A charge may be assessed for any storage or disposal authorized under any of the exceptions to 10 U. If a charge is to be assessed, then such assessment shall be identified elsewhere in the contract with payment to the Government on a reimbursable cost basis.
Inclusion of the substance of this clause in subcontracts does not relieve the prime Contractor of liability to the Government under paragraph c. The edition of DoD The Contractor shall include the substance of this clause, including this paragraph d , in all subcontracts, including subcontracts for commercial items, that are for supplies, maintenance and repair services, or construction materials. A The cost of its qualifying country components and its components that are mined, produced, or manufactured in the United States exceeds 55 percent of the cost of all its components.
The cost of components includes transportation costs to the place of incorporation into the end product and U. Components of unknown origin are treated as foreign. Scrap generated, collected, and prepared for processing in the United States is considered domestic. A component is considered to have been mined, produced, or manufactured in the United States regardless of its source in fact if the end product in which it is incorporated is manufactured in the United States and the component is of a class or kind for which the Government has determined that—.
The cost of iron and steel not produced in the United States or a qualifying country includes but is not limited to the cost of iron or steel mill products such as bar, billet, slab, wire, plate, or sheet , castings, or forgings, not produced in the United States or a qualifying country, utilized in the manufacture of the end product and a good faith estimate of the cost of all iron or steel components not produced in the United States or a qualifying country, excluding COTS fasteners.
Iron or steel components of unknown origin are treated as foreign. If the end product contains multiple components, the cost of all the materials used in such end product is calculated in accordance with the explanation of cost of components in paragraph 1 ii A of this definition.
The cost of iron and steel is the cost of the iron or steel mill products such as bar, billet, slab, wire, plate, or sheet , castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners. Accordingly, the following are qualifying countries:. A Components mined, produced, or manufactured in a qualifying country. B Components mined, produced, or manufactured in the United States.
C Components of foreign origin of a class or kind for which the Government has determined that sufficient and reasonably available commercial quantities of a satisfactory quality are not mined, produced, or manufactured in the United States.
Components of unknown origin are treated as foreign; or. C chapter 83, Buy American. In accordance with 41 U. Unless otherwise specified, this clause applies to all line items in the contract. The term refers to a product offered for purchase under a supply contract, but for purposes of calculating the value of the end product includes services except transportation services incidental to its supply, provided that the value of those incidental services does not exceed the value of the product itself.
The Contractor shall submit a report in accordance with this clause, if the Contractor or a first-tier subcontractor will perform any part of this contract outside the United States and Canada that—. The identification—. Government any right to audit the Contractor's books or records.
A With a maximum alloy content exceeding one or more of the following limits: manganese, 1. B Containing more than 0. A Nickel or iron-nickel alloys that contain a total of alloying metals other than nickel and iron in excess of 10 percent; or. B Cobalt alloys that contain a total of alloying metals other than cobalt and iron in excess of 10 percent;.
C Offered to the Government, under this contract or a subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and. The term does not include structural or mechanical parts of an assembly containing an electronic component, and does not include any high performance magnets that may be used in the electronic component.
Except as provided in paragraph c of this clause, any specialty metals incorporated in items delivered under this contract shall be melted or produced in the United States, its outlying areas, or a qualifying country. The restriction in paragraph b of this clause does not apply to—. A Specialty metal mill products, such as bar, billet, slab, wire, plate, or sheet, that have not been incorporated into COTS end items, subsystems, assemblies, or components;.
B Forgings or castings of specialty metals, unless the forgings or castings are incorporated into COTS end items, subsystems, or assemblies;. C Commercially available high performance magnets that contain specialty metal, unless such high performance magnets are incorporated into COTS end items or subsystems; and.
A Specialty metals in a COTS item that was accepted without modification by the next higher tier are excepted from the restriction in paragraph b of this clause, and remain excepted, even if a piece of the COTS item subsequently is removed e. B Specialty metals that were not contained in a COTS item upon acceptance, but are added to the COTS item after acceptance, are subject to the restriction in paragraph b of this clause e.
However, if a COTS item is offered to the Government with an option that is not normally offered in the commercial marketplace, that option is subject to the restriction in paragraph b of this clause e. The Department of Defense requests a military-unique kit.
The aircraft is still a COTS item, but the military-unique kit is not a COTS item and must comply with the restriction in paragraph b of this clause unless another exception applies. In accordance with 10 U. This exception does not apply to high performance magnets containing specialty metals.
A An amount equivalent to percent of the amount of specialty metal that is required to carry out the production of the commercial derivative military article including the work performed under each subcontract ; or. B An amount equivalent to 50 percent of the amount of specialty metal that will be purchased by the Contractor and its subcontractors for use during such period in the production of the commercial derivative military article and the related commercial article.
When inserting this clause in subcontracts, the Contractor shall—. The minimal content exception does not apply to specialty metals contained in high-performance magnets; and. Supercomputers delivered under this contract shall be manufactured in the United States or its outlying areas.
The Wirtz Report noted that older workers were more likely to be employed in coal mining, agriculture, and railroads, and in older manufacturing industries such as textiles, leather, apparel, footwear, and food. The five most common jobs for men and women age 62 and older are: []. Notably, many of the most common jobs held by older workers require a college education e. Today, it is estimated that about 44 percent of older workers are employed in jobs with some physical demands or difficult working conditions.
For example, only about seven percent of all American workers and six percent of older workers hold highly physically demanding jobs, and this number is projected to decline to about five percent by To put this dramatic change of the physical demands of jobs into historical context, many of the jobs held by older workers in the s were in manufacturing, mining, agriculture, and railroads and were highly physically demanding.
As these industries contracted and as technology has changed how work gets done over the past fifty years, the total percentage of all workers employed in physically demanding jobs has steadily decreased. Discrimination today, whether based on age, race, sex or other protected characteristics, frequently derives from stereotypes and unconscious bias, [] although blatant or explicit discriminatory practices still exist.
Unfounded assumptions about age and ability continue to drive age discrimination in the workplace. Research on ageist stereotypes demonstrates that most people have specific negative beliefs about aging and that most of those beliefs are inaccurate.
Given the dramatic changes in our understanding of aging, work, and discrimination, it is time to put aside such outdated assumptions about aging and age discrimination; the ADEA was intended and continues to be an important tool to do just that. Decades of social science research document that age does not predict one's ability, performance, or interest. Physical ability also varies considerably from person to person and from one age to another age.
While everyone experiences changes in physical functioning as they age, the extent and effects of aging on an individual's physical ability vary considerably from one person to another and are dependent on genetics, lifestyle, fitness, and health status.
The notion that age discrimination is different than other forms of discrimination because of different historical origins is a central premise of the Wirtz Report and continues to seep into ADEA jurisprudence today. For example, even recently, a judge questioned a plaintiff's evidence of age discrimination by saying:. No, age is different because we are all going to get old … but when you're talking about gender or race or ethnicity those are immutable characteristics as the Supreme Court has said.
But it's a little bit different because all of us are going to be older or elderly one day. When examined through today's understanding of how discrimination operates, age discrimination is more like, than different from, other forms of discrimination.
First, as a legal matter, Congress made irrelevant the view of the Wirtz Report that age discrimination was different by using the same words to prohibit age discrimination as it used in Title VII to prohibit discrimination based on race, sex, color, national origin, and religion.
Second, all employment discrimination shares prejudices about the competence of members of the protected group. For example, race discrimination unquestionably originated from a long history of malice, prejudice and intolerance. Yet, race discrimination also derives from negative views and stereotypes about the abilities of workers of a particular race, [] like age discrimination does.
Third, when one compares age to sex discrimination, there are again important similarities. There is substantial evidence that in the s, people believed that one's gender determined one's abilities, interests and qualifications, [] just like age. Sex discrimination, like age discrimination, often results from stereotypes about women's abilities and on assumptions about the appropriate roles of women in the workplace and society. In sum, age discrimination shares a commonality with other forms of discrimination, just as the ADEA and Title VII share common purposes and prohibitions.
Thus, this notion that age discrimination is "different" should not justify less protection for older workers in interpreting the ADEA. It is difficult to measure with any accuracy the prevalence of discrimination in the workplace.
One indicator of the prevalence of age discrimination is based on research of the perception of age discrimination by older workers in surveys. Another indicator is age discrimination claims. Most discriminatory and harassing conduct is unreported, [] which means charges filed with federal and state enforcement agencies represent a fraction of the likely discrimination that occurs in the workplace.
The perception that age discrimination exists in our workplaces is prevalent. More than 6 in 10 workers age 45 and older say they have seen or experienced age discrimination in the workplace. Older workers in the technology industry report significantly high rates of age discrimination, with 70 percent of those on IT staffs reporting they had witnessed or experienced age discrimination. While most older workers say they have seen or experienced age discrimination, only 3 percent report having made a formal complaint to someone in the workplace or to a government agency.
The demographics of older workers who file ADEA charges have changed markedly since The most dramatic change is in the gender of those filing ADEA charges, as depicted in Chart 4 below.
In , almost twice as many ADEA charges were filed by men than were filed by women. In , the number of women filing age charges surpassed the number of men filing age charges for the first time, a trend that continues today. With each passing decade, the racial diversity of those who file age discrimination charges also is growing Chart 5.
The percentages of charges alleging age discrimination filed by Blacks [] and Asians [] doubled by compared to charge filings. The percentage of ADEA charges filed by Whites declined by over one third from 68 percent to 42 percent. But by , more charges were filed by workers ages than the younger age cohort. Moreover, by , the percentage of charges filed by workers age 65 and older was double what it was in The percentage of charges alleging age discrimination plus race, sex or disability has also increased dramatically over the past 20 years as the older workforce has become more diverse.
Chart 7. While the ADEA has eliminated or changed many employment practices that explicitly used age to bar opportunities to older workers, discriminatory practices continue today to deny older workers equal opportunity.
Research shows that older workers' continued denial of equal opportunity often derives from negative stereotypes. Unlawful discharge has always been the most common practice asserted in charges filed with the EEOC [] and that remains true for ADEA charges as well.
In fiscal year , 55 percent of ADEA charges alleged discriminatory discharge. Twenty-five years ago, about 45 percent of ADEA charges claimed unlawful discharge.
ADEA lawsuits alleging unlawful discharge based on age, including constructive discharge, based on age have similarly dominated ADEA litigation, with one study finding discharges raised in 73 percent of ADEA district court and appellate court cases.
The next most common allegations in ADEA charges have varied over the years. Age-based harassment claims more than tripled by to 21 percent, compared to 6 percent in The types of harassment experienced by older workers is often like that experienced by other workers.
Finally, allegations of discriminatory discipline nearly quintupled to As previously discussed, many older workers report that their age is an obstacle to getting a job. The largest and most recent field study of age discrimination in hiring was conducted in and involved over 40, applications for over 13, jobs in 12 cities across 11 states. Experts also testified about job postings preferring younger workers as "digital natives," rather than older workers who are referred to as "digital immigrants.
Such practices may deter and disadvantage older applicants. Challenges to mandatory retirement policies and the discriminatory denial of benefits dominated the early decades of ADEA litigation. The Supreme Court issued unanimous decisions in three cases in , ruling for the older workers who challenged practices related to mandatory retirement policies.
The legality of early retirement incentives [] and pension plans [] that denied or reduced benefits based on age have been frequent claims in ADEA litigation. The ADEA was initially construed to protect retiree health benefits and prohibit the use of Medicare eligibility to determine benefits for retirees in Erie County RetireesAss 'n v. County of Erie, Pennsylvania. The EEOC has long recognized the theory of "intersectional discrimination" [] under both Title VII [] and the ADEA [] when an individual is treated differently because he or she belongs to more than one protected category and is subjected to a set of stereotyping unique to his or her status.
The availability of an intersectional claim has become increasingly important for older women as more of them experience both age and sex discrimination. The financial and emotional harm of age discrimination on older workers and their families is significant. Once an older worker loses a job, she will likely endure the longest period of unemployment compared to other age groups and will likely take a significant pay cut if she becomes re-employed.
The emotional harm of any discrimination is traumatic. Age discrimination also has significant monetary costs for employers. Lawsuits can impose substantial costs for employers for violating the ADEA, [] which just a few examples demonstrate.
Today, every state except South Dakota has a law prohibiting age discrimination in the workplace. Forty-three state laws [] include age within their omnibus anti-discrimination laws, meaning the same standards and damages apply in age cases as they do in other state law discrimination cases. Given the availability of greater damages than the federal ADEA permits and higher success rates in state courts, [] older workers in these states frequently pursue claims only under state law or under both state and federal law.
Thus, while individuals with race or sex discrimination claims under Title VII can prove unlawful disparate treatment under either a "but for" causation standard or a "motivating factor" standard, victims of age discrimination are limited to just one -- a "but for" standard. Too many older Americans continue to face discrimination based on persistent stereotypes and outdated assumptions about age and work.
Age discrimination is legally wrong and has been since the ADEA took effect five decades ago. But it remains too common and too accepted in today's workplace. While attitudes about older workers, their abilities, and age discrimination have improved somewhat over the past 50 years, much more can and should be done to make age discrimination less prevalent and less accepted.
What more can be done to fulfill the ADEA's promise that ability matters, not age? Research shows that stereotypes are tenacious and it takes generations to change a stereotype. First and foremost, workplace culture determines whether workers are valued without regard to age or whether they are devalued based on age. Second, employers and employees can also help prevent age discrimination in the workplace by recognizing and rejecting stereotypes, assumptions, and remarks about age and older workers just as they reject such stereotypes, assumptions and remarks about someone's sex, race, disability, national origin, or religion.
In addition, the following strategies were recommended by experts at EEOC meetings to avoid age discrimination, increase age diversity in the workplace, and value a multi-generational workforce.
Based on research studies and their work with employers, experts recommend several strategies that can prevent biases from entering into recruitment, hiring, and human resource practices.
One significant but often overlooked strategy is to include age in diversity and inclusion programs and efforts. Research demonstrates that age diversity can improve organizational performance and lower employee turnover. An initial assessment of an organization's culture, practices, and policies may reveal outdated assumptions about older workers that could taint objective decisionmaking and limit opportunities.
With low unemployment and growing shortages of skilled, qualified workers, hiring older workers can help employers fill what has become known as the "skills gap" -- the lack of trained or experienced workers for higher-skilled jobs.
Their employment also furthers economic and social policies that encourage continued work to strengthen personal financial well-being and our economy.
Recruitment practices can avoid age bias by seeking workers of all ages and not limiting qualifications based on age or years of experience. Over 94 percent of working Americans visit companies' social media pages when searching for a job.
Applications, whether online or paper, should not ask date of birth or other age-related questions, just as they should not ask an applicant to identify her race or sex. Training recruiters and interviewers to avoid ageist assumptions and even common perceptions about older workers is critical. For example, the assumption that hiring a younger worker is less expensive and a better return on investment than hiring an older worker is outdated and flawed. Contrary to common perception, older workers do not cost significantly more than younger workers, as structural changes in compensation and benefits have created a more age-neutral distribution of labor costs.
Millennials are leaving their employers, on average, after three years, whereas older workers, on average, provide employers with more stability, longer tenures, and ultimately a greater return on investment.
Experts also recommend an assessment of interviewing strategies to avoid age bias, as studies and experience show that interviewers tend to favor job candidates who remind them of themselves. Training interviewers as to how to frame age-neutral questions and using a standard or structured process can help avoid age bias throughout the interview process.
Effective retention strategies decrease unexpected turnover costs and loss of institutional knowledge, and increase engagement and productivity. Age is positively correlated with employee engagement, as workers age 50 and older have the highest levels of engagement in the workplace. Experts recommend strategies to provide career counseling, training and development opportunities to workers at all ages and at all stages of their careers.
Mixed-age and reverse-age mentoring can increase worker productivity and satisfaction. The ADEA has helped to bring equality and fairness to the workplace for older workers. But age discrimination persists based on outdated and unfounded assumptions about older workers, aging and discrimination. No one should be denied a job based on stereotypes and it's time to put these outdated assumptions to rest. Ability, experience and commitment matter, not age. To achieve the promise of the ADEA, it's time to recognize the value of age diversity in the workplace and the benefits of a multi-generational workforce.
The ADEA is but part of a wider statutory scheme to protect employees in the workplace nationwide. Nashville Banner Publ'g Co. On Aging, 93 Cong. III Equal Employment Opportunity Commission The Senate rejected a similar amendmentby a vote of 63 to Some ADEA historians claim that the move to add age discrimination to TitleVII was intended to defeat passage, like the move to add sex discrimination.
See Daniel P. The Wirtz Report did not compare the origins or motives driving sex discrimination to the motivations for age discrimination. Workers age 45 and older were barred from a quarter of all jobs, those 55 and older were barred from half of all jobs, and most jobs were barred to workers age 65 and older. Seventy percent of those employers surveyed who barred older workers from a wide variety of jobs reported no factual basis for the age cutoff they selected, while other employers hired and retained older workers for the same jobs at the same ages for which these employers barred them.
In the House, John H. Dent and Carl D. Perkins were the leading proponents of the ADEA. By unanimous consent, the Senate approved amendments to S.
The House, by unanimous consent, concurred on December 6, Johnson signed the bill on December 15, Pons , U. Evans, U. Thurston, U. Criswell, U. In contrast, Title VII was amended in to cover state and local government employers that employ fifteen or more individuals through an addition to the definition of "persons" covered by the Act.
Scientific research now indicates that chronological age alone is a poor indicator of ability to perform a job. The Act's current age limitation unfairly assumes that age alone provides an accurate measure of an individual's ability to perform work. In fact, the evidence clearly establishes the continued productivity of workers who are 65 years of age and older. Select Comm. On Aging, 95th Cong. The study "found that contrary to popular belief, older workers can be just as productive as their younger counterparts" and found little support for the belief that job performance declines with age.
Following the studies, Congress removed the upper age limit for federal employees in the ADEA amendments. At the same time, Congress added 7-year exemptions permitting mandatory retirement of public safety officers and tenured faculty.
Age Discrimination in Employment Amendments of , H. Betts , U. Javits ; Cong. Javits opposing Administration's bill which would create a "wholly unnecessary new bureaucracy" with DOL. Welfare , 90th Cong. Javits and Sen. Conversely, the regulations interpreted the ADEA as prohibiting practices that assumed "every employee over a certain age in a particular job usually becomes physically unable to perform the duties of that job.
The regulation continued:. In many instances, an individual at age 60 may be physically capable of performing heavy-lifting on a job, whereas another individual of age 30 may be physically incapable of doing so. See S. So far, the discrimination practice disclosed most often is illegal advertising. However, a significant number of violations have been found in refusal to hire, discharge because of age, and the existence of promotional bars to workers in the 40 to 64 age category.
Indeed, the Commission transferred Title VII positions into the age enforcement program during both fiscal years and Hearing Before the S.
Congress reinstated the rights of charging parties to file lawsuits who had lost that right when the EEOC failed to process ADEA charges within the two or three-year statute of limitation. Wyoming , U.
However, in Kimel v. Florida Board of Regents , U. Kimel explicitly limits its holding to suits by private individuals and reaffirmed the holding in EEOC v. See Kimel , U. G Seasons 52, No. Equal Employment Opportunity Commission "The United States is experiencing an aging population that is increasingly trying to work longer….
Research Serv. Dep't of Lab. Bureau of Labor Statistics, By , they totaled over 24 percent of the labor force. Morisi, Bureau of Lab. Interagency Forum on Aging-Related Stat. In , eligibility for full Social Security retirement benefits will be 67 years of age.
The inability of older workers to get rehired was historically low after the Great Recession and many simply withdrew from the labor force, fueling a surge in Social Security applications among this group. Research at B. See Written Testimony of Jacquelyn B. James , PhD, B. These percentages have flipped in the last two decades, as the age to start collecting Social Security has risen to 67 and more Americans feel a financial need to stay in the workforce. Although the numbers vary based on who was surveyed and the date of the survey, nearly 3 out of 4 workers plan to work past age Gallup, Most U.
This increase is five times the 14 percent who said this in In the same study, 63 percent plan to work part-time and 11 percent say they will work full-time. Thirteen percent of older workers surveyed say they do not plan to retire at all. Maestas, N. Labor Force , , supra note See Toossi, A Century of Change , supra note Pol'y Inst. Some older workers have had to settle for part-time jobs because they could not obtain full-time employment.
Program on Retirement Pol'y 3, Table 1 Dec. Johnson et al. See also Richard W. James , supra, note ; J. Schaie, ed.
There are year-olds who function like year-olds and vice versa. Wadhwa, Vivek and Freeman, Richard B. Flouris, Age, Human Performance, and Physical Employment Standards , 41 Applied Physiology, nutrition, and Metabolism " the extent of the decline in physical functioning, and therefore the risk of work-related injuries or illness, is dependent on a myriad of individual factors including lifestyle, level of physical activity and fitness, and general health. See Western Air Lines, Inc.
If an employer maintains neutral physical-fitness requirements that disproportionately impact older workers, the employer would have to establish that they are relevant to successful performance of the particular job to prove a reasonable factor other than age defense if challenged as discriminatory. Subjecting only older workers to a test would be facially discriminatory.
See, e. Massachusetts, F. Logistics Management Institute, U. Although the notion of immutability is irrelevant to protections under Title VII or the ADEA, age is "immutable" in the sense that it is a characteristic the person has not chosen and cannot change See Howard C.
It is "commonand natural" for older people to exemptthemselves from the negative stereotypes and decline attributed to age and "to be oblivious to the prejudices they hold, especially perhaps prejudices against the group to which they belong. MCI Systemhouse Corp.
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