DRAPER LABORATORY FEDERAL GOVERNMENT SUBCONTRACT FLOWDOWN PROVISIONS
This contract or solitation incorporates by reference clauses from the Federal Acquisition Regulation (FAR), with the same force and effect as if they were given in full
text. In addition, depending upon the funding source for the Prime Contract, FAR supplements from other government agenes may apply, such as the Department of Defense FAR Supplement (DFARS), Navy Marine Corps Acquisition Regulation Supplement (NMCARS), or the National Aeronautics and Space Administration FAR Supplement (NFS). The additional DFARS, NMCARS or NFS clauses augment and supplement the FAR clauses, taking precedence over the FAR in the event there are conflicts between the two. Certain clauses may not apply to this subcontract – notes and limits on the application of the clauses are stated below. The Contracts Disputes Act shall have no application to this Subcontract. Any reference to a “Disputes” clause shall mean the “Disputes” clause of this Subcontract. Where necessary to make the clauses applicable to this Subcontract, the terms “Contractor” shall mean “Subcontractor,” “Contracting Officer” shall mean “Draper” and the “Government” shall mean “Draper” or the “Government” whenever appearing in a clause, except where spefically noted under any particular clause that the rights This contract or solitation incorporates by reference clauses from the Federal Acquisition Regulation (FAR), with the same force and effect as if they were given in full
text. In addition, depending upon the funding source for the Prime Contract, FAR s
FAR: https://www.acquisition.gov/far/
DFARS: http://www.acq.osd.mil/dpap/dars/dfarspgi/current/ex.html
Clause Number
Requiremnt
Provision/Clause Title and Date
52.202-01
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Definitions (Nov 2013).
52.203-03
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Gratuities (Apr 1984). insert the clause at 52.203‐3, Gratuities, in solitations and contracts with a value exceeding the simplified acquisition threshold, except those for personal services and those between military departments or defense agenes and foreign governments that do not obligate any funds appropriated to the Department of Defense
52.203-06
Covenant Against Contingent Fees (May 2014). insert the clause at 52.203‐5, Covenant Against Contingent Fees, in all solitations and contracts exceeding the simplified acquisition threshold, other than those for commeral items (see Parts 2 and 12).
Restrictions on Subcontractor Sales to the Government (Sept 2006). Applies if greater than simplified acquisition threshold. $150K - $750K Apply Alternate I (Oct 1995) to subcontracts for commeral items. 52.203-07
$150K - $750K Anti-Kickback Procedures (May 2014). Applies if greater than $150,000. Exclude paragraph (c)(1).
52.203-05
52.203‐08
52.203-10
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Cancellation, Resssion, and Recovery of Funds for Illegal or Improper Activity (May 2014)In solitations and contracts for other than commeral items that exceed the simplified acquisition threshold, insert the clauses $150K - $750K
at ‐‐(a) 52.203‐8, Cancellation, Resssion, and Recovery of Funds for Illegal or Improper Activity, and
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52.203-11
Price or Fee Adjustment for Illegal or Improper Activity (May 2014). In solitations and contracts for other than commeral items that exceed the simplified acquisition threshold, insert the clauses at ‐‐ (b) 52.203‐10, Price or Fee Adjustment for Illegal or Improper Activity.
$150K - $750K Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions Prescribing‐3.808 (a)
52.203-12
$150K - $750K Limitation on Payments to Influence Certain Federal Transactions (Oct 2010). Applies if greater than $150,000.
52.203-13
$150K - $750K Required for commeral items, per 52.244-6.
Contractor Code of Business Ethics and Conduct (Apr 2010). Applies to subcontracts greater than $5,000,000 and a performance period of more than 120 days.
52.203-15
52.203-16
52.204-02
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Whistleblower Protection Under the American Recovery and Reinvestment Act of 2009 (Jun 2010)
$150K - $750K Preventing Personal Conflicts of Interest (Dec 2011)
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Security Requirements (Aug 1996). Alternate I (Apr 1984) applies to subcontracts that involve access to classified information. Exclude the Changes
clause.
Personal Identity Verification of Contractor Personnel (Jan 2011). Required when the subcontractor’s employees are required to have routine
physical access to a Federally-controlled fality and/or routine access to a Federally-controlled information system.
Reporting Executive Compensation and First-Tier Subcontract Awards (JUL 2013)
52.204-09
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52.204-10
$0-$150K
52.204-13
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System for Award Management Maintenance (JUL 2013). The Contractor must enter all mandatory information, including theDUNS number or the
DUNS+4 number into the SAM database. The Government will then validate all mandatory data fields, including validation of the Contractor’s taxpayer
identification number with the IRS. The Contractor must consent for TIN validation to the Government as a part of the SAM registration process.
52.204-18
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Commeral and Government Entity Code Maintenance (NOV 2014) ‐ Requires the Contractor maintain a current Commeral and Government Entity code in the System for Award Management throughout the life of the contract
52.204-19
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52.209-05
$150K - $750K
Incorporation by Reference of Representations and Certifications (DEC 2014) ‐ Incorporates by reference into the contract the Contractor's representations and certifications, including those completed electronically via the System for Award Management. Certification Regarding Debarment, Suspension, Proposed Debarment, and Other Responsibility Matters Prescribing‐9.104‐7(a)
52.209-06
$0-$150K
Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013).
Applies if greater than $30,000.
52.209-09
$150K - $750K
Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013). Does not apply if (a) the contracting officer notifies the
contractor in writing that this clause is inapplicable due to the expected dollar value of the contract (under $500,000), or (b) the contractor has checked
“does not have” in paragraph (b) of the provision Information Regarding Responsibility Matters, FAR 52.209-7. Must be incorporated by full text. See
Appendix for full text.
52.209-10
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Prohibition on Contracting With Inverted Domestic Corporations (Dec 2014)
52.211-05
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Material Requirements (Aug 2000) Unless the contract otherwise requires virgin materials, the subcontractor is to provide new, reconditioned,
or remanutured materials.
52.211-10
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Commencement, Prosecution, and Completion of Work (Apr 1984) - Alternate I (Apr 1984)
52.211-15
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Defense Priority and Allocation Requirement (Apr 2008). Applies if subcontractor is providing material covered by the Defense Priority and Allocation
System.
52.211-16
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Variation in Quantity (APR 1984)
52.211-17
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Delivery of Excess Quantities (SEP 1989)
52.215-02
$150K - $750K
52.215-14
52.215-17
52.215-23
Audit and Records—Negotiation (Oct 2010). Applies to subcontracts that exceed the simplified acquisition threshold, and subcontracts— (1)
That are cost-reimbursement, incentive, time-and-materials, labor-hour, or price-redeterminable type or any combination of these; (2) For
which certified cost or pring data are required; or (3) That require the subcontractor to furnish reports as discussed in paragraph (e) of this
clause.
Integrity of Unit Prices (Oct 2010). Exclude paragraph (b). Applies to subcontracts for other than: acquisitions at or below the simplified
$150K - $750K acquisition threshold in FAR Part 2; construction or architect-engineer services under FAR Part 36; utility services under FAR Part 41;
services where supplies are not required; commeral items; and petroleum products.
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Waiver of Falities Capital Cost of Money (Oct 1997). Applies only if the contractor did not include falities capital cost of money as proposed
cost of this contract. FAR 15-408 (i)
Limitations on Pass-Through Charges (Oct 2009). Applies to cost-reimbursement subcontracts that exceed the simplified acquisition
threshold, except if the contract is with DoD, in which case, the clause applies to all cost-reimbursement subcontracts and fixed-price
subcontracts, except those identified in 15.408(n)(2)(i)(B)(2), that exceed the threshold for obtaining cost or pring data in accordance with FAR
$150K - $750K
15.403-4.
(Prescribing 15.408(n)(2))
52.216-07
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Allowable Cost and Payment (Jun 2013). Applies if Prime Contract is cost-reimbursement and the subcontract is cost reimbursement or to that portion
of a T&M LH contract providing for reimbursement of materials at actual cost. Insert “14th” in the blank in paragraph (a)(3). If the contractor is an
educational institution, state or local government, or nonprofit organization, paragraph (a) is modified in accordance with FAR 16.307 (a).
52.216-08
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Fixed Fee (Jun 2011). Applies to cost-plus-fixed-fee subcontracts.
52.216-10
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Incentive Fee (Jun 2011) (see Section G for insertions in blanks). Applies to cost-plus-incentive fee subcontracts. (Prescribing -16.307(d))
52.216-16
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Incentive Price Revision Firm Target (Oct 1997). See Section G for insertions in blanks.
52.219-04
$0-$150K
52.219-08
$150K - $750K
52.219-09
$150K - $750K Small Business Subcontracting Plan (Jan 2011). Applies if the Prime Contract offers subcontracting possibilities greater than $650,000.
Liquidated Damages - Subcontracting Plan (Jan 1999). Applies to all subcontracts where the Prime Contract contains the clause at 52.219-9, Small
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Business Subcontracting Plan, or the clause with its Alternate I, II, or III.
Post-Award Small Business Program Representations (JUL 2013) - contracts exceeding the micro-purchase threshold when the contract will
$0-$150K
be performed in the US or its oying areas.
Notice to the Government of Labor Disputes (Feb 1997) Include this clause in the subcontract if the Prime Contract has been designated under 22.101
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1(e).
Convict Labor (JUN 2003) Prohibits the Contractor from employing persons undergoing a sentence of imprisonment imposed by a state court or certain
$0-$150K
federal courts. Prohibition does not apply to parolees, persons on probation, persons who have been pardoned or who have served their terms, or person
in certain work programs.
52.219-16
52.219-28
52.222-01
52.222-03
Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) For contracts for services (except construction), at
least 50% of the cost of personnel for performance must be spent for employees of the concern or employees of other HUBZone SBCs. For
contractors for supplies (other than procurement from a nonmanuturer of such supplies), at least 50% of the cost of manuturing, excluding
the cost of materials, must be performed by the concern or other HUBZone SBCs
Utilization of Small Business Concerns (Oct 2014). Applies if the Prime Contract offers subcontracting possibilities. Also required for commeral
subcontracts, per 52.244-6.
(Prescribing -19.708(a)
Contract Work Hours and Safety Standards Act—Overtime Compensation (May 2014). Applies in subcontracts that may involve the employment of laborers and mechanics.
(Prescribing -22.305)
52.222-04
$0-$150K
52.222-20
$150K - $750K
52.222-21
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Prohibition of Segregated Falities (Feb 1999) Include this clause in every subcontract and purchase order that is subject to the Equal
Opportunity clause.
52.222-22
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Previous Contracts and Compliance Reports (Feb 1999). Must be incorporated by full text. See Appendix for full text.
52.222-25
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Affirmative Action Compliance Prescribing‐ 22.810(d)
52.222-26
52.222-29
52.222-35
52.222-36
52.222-37
Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (MAY 2014) - Applies if contract involves the manuture or
furnishing of materials, supplies or equipment greater than $15,000.
Equal Opportunity (Mar 2007). Include the terms and conditions of this clause in every subcontract or purchase order that is not exempted by
the rules, regulations, or orders of the Secretary of Labor issued under Executive Order 11246. Required for all subcontracts for commeral
items, per 52.244-6.
Notification of Visa Denial (JUN 2003) Contractors cannot refuse to employ any applicant or not to assign any person hired in the U.S. or U.S.
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territories noted in the clause, on the basis that the ividual’s race, color, religion, sex, or national origin is not compatible with the polies of
the country where or for whom the work will be performed Prescribing-22.810(g)
Equal Opportunity for Veterans (Jul 2014). Applies to subcontracts greater than $100,000. Also required for subcontracts for commeral items
$150K - $750K
per 52.244-6.
Equal Opportunity for Workers with Disabilities (JUL 2014). Applies to every subcontract or purchase order greater than $15,000, and to all
$0-$150K
subcontracts for commeral items, per 52.244-6.
$0-$150K
Employment Reports Veterans (Jul 2014). Applies to subcontracts greater than $100,000.
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Notification of Employee rights Under the National Labor Relations Act (Dec 2010). Applies to subcontracts greater than $10,000 and
performed wholly or partially in the United States, and for subcontracts for commeral items.
52.222-40
$0-$150K
52.222-41
$0-$150K
52.222-42
$0-$150K
52.222-43
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Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (MAY 2014)Provides
that the wage determination issued under the Service Contract Labor Standards, current on the anniversary date of a multiple year contract or the
beginning of each renewal option period, applies to the contract. If no determination has been made, the current minimum wage applies
.
52.222-44
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Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014)Allows for an adjustment in contract price,
contract unit price labor rates, or fixed hourly labor rates to reflect increases or decreases by the Contractor in wages and fringe benefits, if required by an
increased or decreased wage determination or an amendment to the Fair Labor Standards Act of 1938 that affects the minimum wagePrescribing-22.1006(c)(2)
52.222-50
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Service Contract Act of 1965 (May 2014). Applies in all subcontracts subject to the Service Contract Act, and for all commeral items, per 52.212
5(e)(1)(viii)
Statement of Equivalent Rates for Federal Hires (MAY 2014) If the contract or subcontract amount is expected to be over $3,000 and the Service
Contract Labor Standards apply
Combating Trafficking in Persons (Feb 2009). Required to be included in all subcontracts, including commeral contracts, per 52.244-6.
52.222-54
$0-$150K
Employment Eligibility Verification (Aug 2013). Applies to subcontracts for (1) (a) Commeral or noncommeral services (except for commeral
services that are part of the purchase of a COTS item (or an item that would be a COTS item, but for minor modifications), performed by the
COTS provider, and are normally provided for that COTS item); or (b) Construction; (2) Has a value of more than $3,000; and (3) Includes work
performed in the United States. Prescribing-22.1803
52.222-55
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Minimum Wages Under Executive Order 13658 (DEC 2014) Requires the Contractor and Subcontractors to pay to workers , while performing contract
work in the United States, a minimum hourly wage rate of $10.10 per hour beginning January 1, 2015. The Contractor must adjust the minimum wage
paid, if necessary, beginning January 1, 2016, and then annually, to meet the Secretary of Labor's annual E.O. minimum wage.
52.223-02
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52.223-03
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52.223-05
52.223-06
52.223-07
52.223-10
52.223-11
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Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP 2013) Applies to service or construction
solitations and contracts unless the contract will not involve the use of USDA-designated items Prescribing-23.406(b)
Hazardous Material Identification and Material Safety Data (Jan 1997). Applies to subcontractors providing hazardous materials in the
iverables. Prescribing-23.303
Pollution Prevention and Right-to-Know Information (MAY 2011) contracts and subcontracts that provide for performance, in whole or in part,
on a federal fality Prescribing-23.1005
$150K - $750K Drug-Free Workplace (May 2001). Applies if contract exceeds simplified acquisition threshold.Prescribing-23.505
Notice of Radioactive Materials (Jan 1997). Applies to subcontracts for radioactive materials meeting the criteria in paragraph (a) of this clause. Must
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be incorporated by full text. See Appendix for full text.Prescribing-23.602
Waste Reduction Program (MAY 2011) Applies to contracts and subcontracts for the operation of Government-owned or -leased falities, or for
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support services at Government-owned or -operated falities. Prescribing-23.705(a)
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52.223-13
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52.223-14
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52.223-15
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52.223-16
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52.223-17
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52.223-18
$0-$150K
52.223-19
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52.224-01
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Ozone Depleting Substances (May 2001). Applies if products containing ozone-depleting substances are involved in the Prime Contract.23.804(a)
Acquisition of EPAET-Registered Imagining Equipment (JUN 2014) Requires the Contractor to iver, furnish for Government use, or furnish for
Contractor use at a Government-owned fality, only imagining equipment (e.g., copiers, digital duplicators, simile machines, mailing machines,
multifunction devices, printers, and scanners) that, at the time proposals are submitted and the contract awarded, were EPAET® bronzeregistered or higher. Prescribing-23.705(b)(1)
Acquisition of EPAET-Registered Televisions (JUN 2014) Requires the Contractor to iver, furnish for Government use, or furnish for
Contractor use at a Government-owned fality, only televisions that, at the time proposals are submitted and the contract awarded, were
EPAET® bronze-registered or higher.
Energy Effiency in Energy-Consuming Products (Dec 2007). Applies unless the energy-consuming product is not listed in the Energy Star
Program or FEMP or otherwise approved in writing by the contracting officer. Prescribing-23.206
Acquisition of EPAET-Registered Personal Computer Products (JUN 2014) Requires the Contractor and Subcontractor to iver, furnish for
Government use, or furnish for Contractor use at a Government-owned fality, only personal computer products that, at the time proposals are
submitted and the contract awarded, were EPAET® bronze-registered or higher. Prescribing-23.705(d)(1)
Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (MAY 2008) Requires the Contractor and subcontractors to
make maximum use of products containing recovered materials that are EPA-designated items, unless the product cannot be acquired competitively
within a timeframe providing for compliance with the contract performance schedule, meeting contract performance requirements, or at a reasonable
price. Prescribing-23.406(e)
Contractor Policy to Ban Text Messaging While Driving (Aug 2011). Insert in all subcontracts that exceed the micro-purchase threshold. Prescribing23.1105
Compliance With Environmental Management Systems (MAY 2011) work under the contract must conform with all operational controls identified in the
applicable agency or fality Environmental Management Systems to provide monitoring and measurement information necessary for the Government to
aess environmental performance relative to these EMS goals. Prescribing-23.903
Privacy Act Notification (Apr 1984). Applies to the extent the contract involves design, development or operation of a system of records on
ividuals to accomplish an agency function. Prescribing-24.104
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Privacy Act (Apr 1984). Include the Privacy Act notification contained in this contract in every resulting subcontract when the work statement
in the proposed subcontract requires the redesign, development, or operation of a system of records on ividuals that is subject to the Act.
Must be incorporated by full text. See Appendix for full text. Prescribing-24.104
Buy American Act - Supplies (May 2014)
52.225-5
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Trade Agreements (Sep 2013)
52.225-8
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Duty Free Entry (Oct 2010)
52.225-13
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Restrictions on Certain Foreign Purchases (June 2008). Prescribing-25.1103(a)
52.225-26
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52.224-02
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52.225-1
52.227-01
52.227-02
52.227-09
52.227-10
52.227-11
Contractors Performing Private Security Functions Outside the United States (Jul 2013)
Authorization and Consent (Dec 2007). Applies to subcontracts that are expected to exceed the simplified acquisition threshold if the clause was
$150K - $750K
included in the Prime Contract.
Notice and Assistance Regarding Patent and Copyright Infringement (Dec 2007). Applies to subcontracts that are expected to exceed the simplified
$150K - $750K
acquisition threshold. Prescribing-27.201-2
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Refund of Royalties (APR 1984)
Filing of Patent Applications—Classified Subject Matter (Dec 2007). Applies to subcontracts that cover or are likely to cover classified subject matter.
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Prescribing-27.203-2
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Patent Risghts Ownership by the contractor (May 2014)
52.227-13
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52.227-14
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52.228-03
52.228-05
52.229-03
52.229-04
52.229-06
52.229-08
52.232-07
Patent Risghts Ownership by the Government (May 2014)
Rights in Data - General (May 2014)
Workers’ Compensation Insurance (Defense Base Act) (Jul 2014). Applies if the Defense Base Act (42 U.S.C. 1651, et seq.) applies to this contract.
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Prescribing-28.309(a)
Insurance—Work on a Government Installation (Jan 1997). Applies to fixed price subcontracts that exceed the simplified acquisition threshold
$150K - $750K
if the subcontract requires work on a Government installation. Prescribing-28.310
Federal, State, and Local Taxes (FEB 2013) Applies to contracts if the contract is to be performed wholly or partly in the US, a fixed-price
$150K - $750K
contract is contemplated, and the contract is expected to exceed the simplified acquisition threshold.Prescribing-29.401-3
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Federal, State, and Local Taxes (State and Local Adjustments) (FEB 2013) An alternative to FAR 52.229‐3, Federal, State, and Local Taxes, that may be used for noncompetitive contracts if the price would otherwise include an inappropriate contingency for potential postaward change(s) in state or local taxes. Prescribing – 29.401‐3
Taxes—Foreign Fixed-Price Contracts (FEB 2013) Applies to contracts expected to exceed the simplified acquisition threshold when a fixed-price
$150K - $750K contract is contemplated and the contract is to be performed wholly or partly in a foreign country, unless the contract will be with a foreign government
Prescribing-29.402-1(a)
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Taxes – Foreign Cost-Reimbursement Contracts (Mar 1990) Prescribing-29.402-2(a)
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Payments Under Time and Materials and Labor Hour Contracts (Aug 2012) Prescribing ‐32.111(a)(7)
Limitation on Withholding of Payments (Apr 1984) To be included in solitations and contracts when a supply contract, service contract, timeand-materials contract, labor-hour contract, or research & development contract is contemplated that includes two or more terms authorizing
the temporary withholding of amounts otherwise payable to the contractor for supplies ivered or services performed. Prescribing –
32.111(b)(2)
Extras (APR 1984) Modified payment due dates, included in solitations and contracts when a fixed-price supply contract, fixed-price service
contract is contemplated. Requires sponsor approval Prescribing-32.111(c)(2)
Interest (May 2014). Applies to (1) contracts at or below the simplified acquisition threshold; (2) contracts with Government agenes; (3)
contracts with a state or local government; (4) contracts with a foreign Government; (5) contracts without any provision for profit or fee with a
nonprofit organization. Prescribing-32.611(a)&(b)
52.232-09
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52.232-11
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52.232-17
$0-$150K
52.232-18
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52.232-20
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52.232-22
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52.232-23
$0-$150K
52.232-39
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52.232-40
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52.233-01
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52.233-03
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52.233-04
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52.234-01
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52.236-13
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Accident Prevention (Nov 1991). Must be flowed down in all subcontracts to all tiers. Prescribing-36.513
52.237-2
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Protection of Government Buildings, Equipment, and Vegitation (APR 1984) Prescribing ‐ 37.110(b)
52.239-01
52.242-01
52.242-04
52.242-13
52.242-15
52.242-17
Availability of Funds (APR 1984) Funding obligations are contingent on the availability of appropriated funds from which payment for contract purposes
can be made. No legal liability to the Government for any payment may arise until funds are made available Prescribing-32.706-2(a)
Limitation of Cost (Apr 1984) Applies if a fully funded cost-reimbursement contract is contemplated, whether or not the contract provides for payment of
a fee. Prescribing-32.706-1(b)
Limitation of Funds (Apr 1984) Applies if an incrementally funded cost-reimbursement contract is contemplated.Prescribing-32.706-2(b)
Assignment of Claims (MAY 2014) - Assignment of Claims—Alternate I (APR 1984) Contractor or Subcontractor may assign its rights arising
under the contract to amounts due or to become due to a bank, trust company, or other finanng institution, including any federal lending
agency. Prescribing-32.806(a)(1)
Unenforceability of Unauthorized Obligations (June 2013) Prescribing‐32.706‐3
Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) Prescribing ‐ 32.009‐2
Disputes (MAY 2014) - Disputes—Alternate I (DEC 1991) All disputes arising or relating to the contract must be resolved under this clause. The clause
sets forth the definition of claim ; sets the statute of limitations for asserting a claim at 6 years from accrual; requires certification for any claim exceeding
$100,000; and establishes the Government’s obligation to pay interest. Prescribing-33.215
Protest After Award (Aug 1996) – Alternate 1 (June 1985) (b) The contracting officer shall insert the clause at 52.233-3, Protest After Award, in
all solitations and contracts. If a cost reimbursement contract is contemplated, the contracting officer shall use the clause with its Alternate I.
Prescribing-33.106(b)
Applicable Law for Breach of Contract Claim (OCT 2004) States United States law applies to the resolution of any breach of contract
claim. Prescribing-33.215(b)
ustrial Resources Developed Under Defense Production Act Title III (Dec 1994). To be included in every subcontract where the Prime Contract
involves major systems and items of supply. Must be incorporated by full text. See Appendix for full text. Prescribing-34.104
Privacy or Security Safeguards (Aug 1996). Applies to subcontracts which require security of information technology, and/or are for the
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design, development or operation of a system of records using commeral information technology services or support services. Prescribing39.106
Notice Of Intent to Disallow Costs (Apr 1984). To be used when a cost-reimbursement contract, a fixed-price incentive contract, or a contract providing
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price redetermination is contemplated. Prescribing-48.802
Certification of Final irect Costs (JAN 1997) Incorporate into all solitations and subcontracts that provide for establishment of final irect cost
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rates. Prescribing-42.703-2(f)
$150K - $750K Bankruptcy (July 1995) Prescribing- 42.903 Include in all agreements exceeding Simplified Acquisition Threshold.
Stop-Work Order (Aug 1989) Alt I The Subcontractor must immediately comply with the terms of the order and take all reasonable steps to minimize the
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incurrence of costs allocable to the contract work. Prescribing-42.1305(b)
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Government ay of Work (Apr 1984). Prescribing-42.1305(c)
52.243-01
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Changes - Fixed Price (Aug 1987) Prescribing-43.205(a)(1)
52.243-02
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Changes - Cost Reimbursement (Aug 1987) Prescribing-43.205(b)(1)
52.243-03
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Changes - Time & Materials or Labor Hours (SEP 2000)
52.243-04
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Changes (June 2007) Prescribing-43.205(d)
52.243-05
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52.243-06
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Changes and Changed Conditions (Apr 1984) Prescribing-43.205(e)
Change Order Accounting (Apr 1984) Change order accounting whenever the estimated cost of a change or series of related changes exceeds
$100,000 Prescribing-43.205(f)
52.244-02
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52.244-05
$150K - $750K
52.244-06
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52.245-01
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52.245-09
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52.246-02
$150K - $750K
52.246-03
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52.246-04
$150K - $750K
Subcontracts (Oct 2010) If the Contractor has an approved purchasing system and consent is not required, the Contractor must nevertheless notify the
contracting officer reasonably in advance of entering into any cost-plus-fixed-fee subcontract, or fixed-price subcontract that exceeds either the simplified
acquisition threshold or 5 percent of the total estimated contract cost. Prescribing-44.204(a)(1)
Competition in Subcontracting (DEC 1996) The Contractor and/or Subcontractor must select subcontractors and suppliers on a competitive basis to
the maximum practical extent possible Prescribing-44.204(c)
Subcontracts for Commeral Items (Oct 2014). Subcontractors should, to the maximum extent possible, incorporate commeral items or nondevelopmental items as components of items to be supplied under this contract. Prescribing-44.403
Government Property (Apr 2012). Applies to subcontracts under which Government property is acquired or furnished for subcontract performance.
Prescribing-45.107(a)
Use and Charges (Apr 2012). Applies if use of Government Property is involved. Prescribing-45.107(c)
Inspection of Supplies - Fixed Price (Aug 1996). Applies to subcontracts for supplies or services that involve the furnishing of supplies when a
fixed price contract is contemplated and the contract amount exceeds the simplified acquisition threshold. Prescribing-46.302
Inspection of Supplies - Cost Reimbursement (May 2001). Applies to contracts for supplies or services that involve furnishing supplies when a cost
reimbursement contract is contemplated. Prescribing-46.303
Inspection of Services - Fixed Price (Aug 1996). Applies to subcontracts that involve services or supplies that involve the furnishing of
services when a fixed price contract is contemplated and the contract amount exceeds the simplified acquisition threshold. Prescribing-46.304
52.246-05
52.246-06
52.246-08
52.246-09
52.246-11
52.246-15
52.246-16
52.247-29
52.247-63
52.247-64
52.247-67
52.247-68
52.248-01
52.248-03
52.249-01
52.249-02
52.249-05
52.249-06
52.249-08
Inspection of Services - Cost Reimbursement (Apr 1984). Applies to subcontracts for services or supplies that involve the furnishing of services when
a cost-reimbursement contract is contemplated. Prescribing-46.305
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Inspections - Time & Material & Labor Hour (May 2001)
Inspection of Research and Development - Cost Reimbursement (May 2001). Applies to subcontracts for research and development when (1)
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the primary objective of the contract is the ivery of end items other than designs, drawings or reports, and (2) a cost reimbursement contract
is contemplated. Prescribing-46.308
Inspection of Research and Development (Short Form) (Apr 1984). Applies to subcontracts for research and development when the clause prescribed
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in clauses 46.307 or 46.308 are not used. Prescribing-46.309
Higher-Level Contract Quality Requirement (Dec 2014) Requires the Contractor to comply with the higher-level quality standard spefied by the
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contract. Prescribing-46.311
Certificate of Conformance (Apr 1984) To be inserted in subcontracts for supplies or services when a certificate of conformance is appropriate instead
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of source inspection. Prescribing-46.315
Responsibility for Supplies (Apr 1984). Applies to subcontracts for supplies or services involving the furnishing of supplies or for research
$150K - $750K and development when a fixed-price contract is contemplated and the contract amount exceeds the simplified acquisition threshold.
Prescribing-46.316
F.O.B. Origin (Feb 2006) Defines the term “f.o.b. origin” as free of expense to the Government and ivered: (1) on board the icated type of
carrier conveyance at a designated point from which the shipment will be made and from which line-haul transportation service will begin; (2)
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to, and placed on, the carrier’s wharf or the carrier’s freight station; (3) to a U.S. Postal Service fality; or (4) if stated in the solitation, to any
Government designated point as the f.o.b. origin point spefied in the contract. Prescribing-47.303-1(c)
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Preference for U.S.-Flag Air Carriers (June 2003). Applies if subcontract involves international air transportation.Prescribing-47.405
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Preference for Privately Owned U.S. Flag Commeral Vessels (Feb 2006)
Submission of Transportation Documents for Audit (FEB 2006) Completed and inserted in solitations and contracts when a costMAN
reimbursement contract is contemplated and the contract or a first-tier cost-reimbursement subcontract will authorize reimbursement of
transportation as a direct charge to the contract or subcontract Prescribing-47.103-2
Report of Shipment (REPSHIP) (FEB 2006) Required for contracts and subcontracts when advance notice of shipment is required for safety or
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security reasons, or where carload or truckload shipments will be made to DoD installations or, as required, to vilian agency falities
Prescribing-47.208-2
Value Engineering (Oct 2010). Applies to all subcontracts of $150,000 or more and may apply to subcontracts of lesser value. Does not apply if this
$150K - $750K contract is of a type described in FAR 48.201(a)(1) through (a)(6). If the requirements of FAR 48.201(g) or (h) are met, the clause is revised in
accordance with FAR 48.201(g) or (h) respectively. Prescribing-48.201
Value Engineering—Construction (Oct 2010). Applies to all subcontracts greater than $150,000 and may apply to subcontracts of lesser value.
$150K - $750K
Prescribing-48.202
Termination for the Convenience of the Government: Fixed Price (Short Form) (Apr 1984). Applies in fixed price contracts below the simplified
$0-$150K
acquisition threshold. Prescribing-49.502(a)(1)
Termination for the Convenience of the Government: Fixed Price (Apr 2012). Applies in fixed price contracts over the simplified acquisition
threshold, except in contracts for (1) dismantling and demolition, (2) research and development work with an educational or nonprofit
$150K - $750K institution on a no-profit basis, or (3) architect-engineer services. The following changes are hereby made to the FAR clause: (1) ete paragraph
(d); and (2) reduce the periods for submitting the subcontractor's termination settlement proposal to 6 months and for requesting an equitable
price adjustment to 45 days. Prescribing-49.502(b)(1)(i)
Termination for the Convenience of the Government: Educational and Other Non-Profit Institutions (Sept 1996). Applies in fixed price
contracts or cost-reimbursement contracts for research and development work with an educational or nonprofit institution on a nonprofit or
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no-fee basis. The following changes are hereby made to the FAR clause: (1) ete paragraph (h); and (2) the period for submitting the
subcontractor's termination settlement proposal is reduced to 6 months. Prescribing-49.502(c)
Termination for the Convenience of the Government: Cost-Reimbursement (May 2004). Applies to cost-reimbursement contracts, except contracts
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for research and development with an educational or nonprofit institution on a no-fee basis.Prescribing-49.503(a)(1)
$150K - $750K
Default (Fixed-Price Supply and Service) (Apr 1984). If the Subcontractor fails to iver supplies or perform services within the time spefied,
make progress, so as to endanger performance of the contract, or perform any other provisions of the contract. The Government must provide
written notice and allow 10 days to cure. If the Government terminates, it may acquire similar supplies or services and the Subcontractor will
be liable for any excess costs. The Subcontractor must continue performance of the work not terminated Prescribing-49.504(a)(1)
52.250-1
Default (Fixed-Price Research & Development (Apr 1984). If the Subcontractor fails to perform the work under the contract within the time
$150K - $750K spefied, prosecute the work, so as to endanger performance of the contract, or perform any of the other provisions of the contract. Provide
written notice and allow the Subcontractor 10 days to cure Prescribing-49.504(b)
Excusable ays (APR 1984) The Contractor and/or Subcontractor will not be in default if the failure to perform arises from causes beyond its
$150K - $750K control and without its fault or negligence. The limitation does not apply to subcontractor defaults. Default includes failure to make progress
so as to endanger performance Prescribing-49.505(b)
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emnification Under Public Law 85-804 (Apr 1984)
52.251-01
$150K - $750K Government Supply Sources (Apr 2012) Applies when acquiring supplies or services from a Government supply source.Prescribing-51.107
52.253-01
Computer Generated Forms (Jan 1991) States that any data required to be submitted on a Standard or Optional Form prescribed by the FAR may be
$150K - $750K submitted on a computer generated version of the form if there is no change to the name, content, or sequence of the data elements on the form, and the
form carries the SF or OF number and edition date. Prescribing-53.111
52.249-09
52.249-14
I. Department of Defense FAR Supplement Contract Clauses The following applies to subcontracts funded by Department of Defense agencies. For such subcontracts, the FAR clauses listed above and the DFARS clauses listed below are incorporated into the subcontract to the extent noted.
Clause Number
Requiremnt
252.203-7000
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252.203-7001
$150K - $750K
252.203-7002
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252.203-7003
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Provision/Clause Title and Date
Requirements Relating to Compensation of Former DoD Officials (SEP 2011) Prohibits the Contractor and its Subcontractors from knowingly providing
compensation to a covered DoD official within 2 years after the official leaves DoD service, unless the Contractor first determined the official has received, or sough
and not received within 30 days of the request, a written opinion regarding the applicability of post-employment restrictions to the activities the official is expected to
undertake on the Contractor's behalf. Failure to comply may result in contract rescission, suspension or debarment. Prescribing-203.171-4(a)
Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies (Dec 2008). Applies to first-tier subcontracts exceeding the simplified
acquisition threshold, except subcontracts for commercial items. Prescribing-203.570-5
Requirement to Inform Employees of Whistleblower Rights (Sep 2013) Prescribing-203.970
Agency Office of the Inspector General (Dec 2012) Prescribing‐203.1004(a)
Display of Fraud Hotline Poster(s) (Dec 2012). Use when the subcontract also contains the clause at52.203-13. Applies to subcontracts greater than $5,000,000,
except when the subcontract—(1) is for the acquisition of a commercial item; or (2) Is performed entirely outside the United States.Prescribing-203.1004(b)(2)(iii)
252.203-7004
>$750K
252.204-7000
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252.204-7005
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252.204-7008
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252.204-7010
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252.204-7012
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Safeguarding of unclassified controlled technical information (Dec 2015)Prescribing‐204.7304
252.204-7014
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Limitations on the Use or Disclosure of Information by Litigation Support Solicitation Contractors (FEB 2014) The Contractor agrees and acknowledges
that: (1) it will access and use all litigation information for the sole purpose of providing litigation support; (2) it will take all precautions necessary to prevent
unauthorized disclosure of litigation information; and (3) litigation information must not be used by the Contractor to compete against a third-party for Government or
nongovernment contracts. Violation of any of these terms is a basis for the government to terminate the contract. In addition, the Contractor agrees to indemnify and
hold harmless the Government from any claim or liability arising out of, or in any way related to, the misuse or unauthorized modification, reproduction, release, or
disclosure of any litigation information Prescribing-204.7403(b)
252.204-7015
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252.209-7004
$150K - $750K
252.209-7005
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252.209-7009
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252.211-7000
>$750K
252.211-7003
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252.211-7007
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252.211-7008
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252.215-7000
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252.215-7002
>$750K
Disclosure of Information (Aug 2013). Applies when the contractor will have access to or generate unclassified information that may be sensitive and
inappropriate for release to the public. Prescribing-204.404-70(a)
Oral Attestation of Security Responsibilities (NOV 2001) Requires Contractor employees cleared for access to Top Secret, Special Access Program, or
Sensitive Compartmented Information to attest orally that they will conform to the conditions and responsibilities imposed by law or regulation on those granted
access. Contractor employees currently cleared for access to TS, SAP, or SCI may attest orally when briefed into a new program or during their annual refresher
briefing. Prescribing-204.404-70(c)
Export-Controlled Items (Apr 2010). Applies in all subcontracts involving items subject to the Export Administration Regulations or the International Traffic in Arms
Regulations. Prescribing-204.470-3
Requirement for Contractor to Notify DoD if the Contractors Activities are Subject to Reporting Under the U.S. International Atomic Energy Agency
Additional Protocol (Jan 2009). Applies to subcontracts that are subject to the U.S.-IAEA AP and subcontracts involving R&D or major defense acquisition
involving fissionable materials, radiological source materials, or technologies related to nuclear or radiological waste materials.Prescribing-204.470-3
Disclosure of Information to Litigation Support Contractors (FEB 2014) Provides notice to the Contractor that the Government the Government may disclose
to a litigation support contractor , for the sole purpose of litigation support activities, any information, including sensitive information received within or in connection
with a quotation or offer or in the performance of or in connection with a contract. Prescribing-204.7403-(c
Subcontracting with Firms that Are Owned or Controlled by the Government of a Terrorist Country (Dec 2014). Applies if subcontract is greater than
$150,000. Prescribing-209.409
Reserve Officer Training Corps and Military Recruiting on Campus (Mar 2012). Applies if the offeror or contractor is an institution of higher education.
Prescribing-209.470-4(b)
Organizational conflict of interest – Major Defense Acquisition Program (Dec 2012). Applies to contracts for the performance of systems engineering and
technical assistance for a major defense acquisition program or pre-major defense acquisition programs. Prescribing-209.571-8(b)
Acquisition Streamlining (Oct 2010). Applies to subcontracts greater than $1.5 million. Prescribing-211.002-70
Item Identification and Valuation (Dec 2013). In the blank in paragraph (c)(ii), insert: NONE. In the blank in paragraph (c)(iii), insert: NONE. SSP guidance
concerning this clause is in SSP Notice 4110. Prescribing-211.274-6(a)(1)
Reporting of Government-Furnished Property (AUG 2012) The Contractor must report Government-furnished property to the IUID Registry as follows: through
December 31, 2013, report serially managed Government-furnished property with a unit-acquisition cost of $5,000 or greater; beginning January 1, 2014, report all
serially managed Government-furnished property , regardless of unit-acquisition cost, and Contractor receipt of non-serially managed items. This reporting
requirement does not apply to: (1) contractor-acquired property; (2) property under any statutory leasing authority; (3) property to which the Government has
acquired a lien or title solely because of partial, advance, progress, or performance-based payments; (4) intellectual property or software; (5) real property; or (6)
property released for work in process. Prescribing-211.274-6(b)
Use of Government-Assigned Serial Numbers (SEP 2010) Requires the Contractor to mark the Government-assigned serial numbers on major end items as
specified by line item in the Schedule, in accordance with the contract’s technical instructions for the placement and method of application. The Contractor must also
register the Government-assigned serial number along with the major end item’s unique item identifier at the time of delivery in accordance with DFAR 252.2117003(d). The Contractor must establish the UII for major end items for use throughout the life of the major end item. The Contractor may elect to use the
Government-assigned serial number to construct the UII. Prescribing-211.274-6(c)
Pricing Adjustments (Dec 2012) Prescribing-215.408(1)
Cost Estimating System Requirements (Dec 2012) Prescribing-2015.408(2)
252.216-7004
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Award Fee Reduction or Denial for Jeopardizing the Health of Safety of Government Personnel (Sept 2011)
252.217-7026
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Identification of Sources of Supply (Aug 2013) Prescribing-217.7303
252.219-7003
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Small Business Subcontracting Plan (DoD Contracts) (Aug 2013). Supplements the mandatory FAR 52.219-9 Small Business Subcontracting Plan clause.
Prescribing-219.708(b)(1)(A)
252.219-7004
$150K - $750K
252.222-7002
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252.222-7006
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252.223-7001
REC
252.223-7002
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252.223-7003
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252.223-7004
$150K - $750K
252.223-7006
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252.223-7007
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252.223-7008
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Small Business Subcontracting Plan (Test Program) (Oct 2014). Applies in lieu of the clauses FAR 52.219-9, FAR 52.219-16, and DFARS 252.219-7003 if the
contractor has an approved comprehensive subcontracting plan under DFARS Subpart 219.7, but in such a case the clauses at FAR 52.219-9 and DFARS 252.2197003 (including any applicable alternates) are included in the contract for purposes of the contractor flowing these clauses down to subcontractors.Prescribing219.708(b)(1)(B)
Compliance with Local Labor Laws (Overseas) (June 1997) Prescribing-222.7201(a)
Restrictions on the Use of Mandatory Arbitration Agreements (DEC 2010) The Contractor may not 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 certain civil
rights claims or tort claims related to or arising out of sexual assault or harassment. Also, the Contractor may not enforce existing arbitration agreements governing
these types of claims, and it certifies that it requires each covered subcontractor to agree not to enter into or enforce these types of agreements with respect to any
employee or independent contractor performing work related to thesubcontract . Prescribing-222.7405
Hazard Warning Labels (Dec 1991)
Safety Precautions for Ammunition and Explosives (May 1994). Applies to every subcontract that involves ammunition or explosives. Must also include a
provision allowing authorized Government safety representatives to evaluate subcontractor safety programs, implementation, and facilities as the Government
determines necessary. Prescribing-223.370-5
Change in Place of Performance - Ammunition and Explosives (Dec1991)
Drug Free Workforce (Sep 1988). Applies to subcontracts that 1) involve access to classified information, or 2) the contracting officer determines the clause in
necessary for national security, or to protect the health and safety of those affected by the performance of the contract. Do not use for commercial items, when
performance will be outside the U.S., or when value is at or below the simplified acquisition threshold.Prescribing-223.570-2
Prohibition Storage and Disposal of Toxic and Hazardous Materials (Sept 2014). Applies to subcontracts which require, may require, or permits performance
on a DoD installation. Prescribing-223.7106(a)
Safeguarding Sensitive Conventional Arms, Ammunitions, and Explosives (Sept 1999).Applies to subcontracts (1) for the development, production,
manufacture, or purchase of AA&E, or (2) When AA&E will be provided to the subcontractor as Government-furnished property.Prescribing-223.7203
Prohibition of Hexavalent Chromium (June 2013). Does not apply if (a) an exception in DFARS 223.7304 applies, or (b) authorization is approved under DFARS
223.7305. Prescribing-223.7306
Buy American Act and Balance of Payments Program (Nov 2014). Applies to subcontracts for supplies if in Prime Contract. Does not apply to the extent the
clause at DFARS 252.225-7036 is applicable. Prescribing-225.1101(2)(i)
Qualifying Country Sources as Subcontractors (Dec 2012) Prescribing-225.1101(3)
Report of Intended Performance Outside the United States and Canada – Submission after Award (Oct 2010). Applies if the subcontractor will perform any
part of this contract outside the U.S. and Canada that (1) Exceeds $650,000 in value and (2) could be performed in the United States or Canada.Prescribing225.7204(b)
Prohibition on Acquisition of United States Munitions List Items from Communist Chinese Military Companies (Sep 2006). Applies to all subcontracts for
items covered by the United States Munitions List. Prescribing-225.1103(4)
Restriction on Acquisition of Specialty Metals (Mar 2013). Applies to all subcontracts that require the delivery of specialty metals as an end item.Prescribing225.7003-5(a)(1)
252.225-7001
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252.225-7002
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252.225-7004
$150K - $750K
252.225-7007
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252.225-7008
REC
252.225-7009
$150K - $750K
Restriction on Acquisition of Certain Articles Containing Specialty Metals (Oct 2014). Applies only to the extent this subcontract is for the delivery of aircraft,
missile or space systems, ships, tank or automotive items, weapon systems, or ammunition. Prescribing-225.7003-5(a)(2)
252.225-7012
$150K - $750K
Preference for Certain Domestic Commodities (Feb 2013) Prescribing-225.7002-3(a)
252.225-7013
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Duty-Free Entry (Nov 2014) Prescribing-225.1101(4)
252.225-7016
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252.225-7021
REC
252.225-7028
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252.225-7030
REC
252.225-7033
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252.225-7036
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252.225-7041
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252.225-7043
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Restriction on Acquisition of Ball and Roller Bearings (Jun 2011). Applies to all subcontracts for items that contain ball or roller bearings except commercial
items. Prescribing-225.7009-5
Trade Agreements (NOV 2014)
Exclusionary Policies and Practices of Foreign Governments (APR 2003) Prohibits the Contractor and its subcontractors from taking into account the
exclusionary policies or practices of any foreign government in employing or assigning personnel, if the personnel will perform functions required by the contract, and
the exclusionary policies or practices are based on race, religion, national origin, or sex Prescribing-225.7307(b)
Restriction on Acquisition of Carbon, Alloy, and Armor Steel Plate (Dec 2006) Applies if the subcontract involves carbon, alloy, and armor steel plate as
finished steel mill product. Does not apply to the acquisition of an end product, to be used in the facility, that contains carbon, alloy, or armor steel plate as a
component. Prescribing-225.7011-3
Waiver of United Kingdom Levies (Apr 2003). Applies to all subcontracts for supplies were a lower-tier subcontract greater than $1 million with a U.K. firm is
anticipated. Prescribing-225.1101(8)
Buy American Act – Free Trade Agreements-Balance of Payments Program (Nov 2014).Alt 1 - Applies to subcontracts for supplies. Does not apply to the
extent this contract is an acquisition identified in FAR 25.401 or is otherwise not subject to NAFTA and the Israeli Trade Act. Applies only to the extent this contract
is for the items listed in DFARS 225.401-70 and only to the extent indicated in DFARS 225.1101.
Correspondence in English (June 1997). Prescribing-225.1103(2)
Antiterrorism/Force Protection Policy for Defense Contractors Outside the United States (Mar 2006). Applies except if the subcontractor is (1) a foreign
government; (2) a representative of a foreign government; or (3) a foreign operation wholly owned by a foreign government.Prescribing-225.7403-2-removed 7/1/15
Export-Controlled Items (JUN 2013) Requires compliance with all applicable laws and regulations regardingexport-controlled items , including registration with the
Department of State in accordance with the International Traffic in Arms Regulation. Questions relating to ITAR compliance should be directed to the State
Department, and questions concerning compliance with the Export Administration Regulation should be directed to the Commerce Department. The Contractor's
responsibility to comply with all applicable laws and regulations regardingexport-controlled items is independent of, and not established or limited by, this clause. In
addition, the contract terms do not add to, change, supersede, or waive any of the requirements of applicable federal laws, Executive orders, and
regulations. Prescribing-225.7901-4
Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (Sep 2004). Applies to all
subcontracts exceeding $500,000. Prescribing-226.104
252.225-7048
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252.226-7001
$150K - $750K
252.227-7013
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Rights in Technical Data - Non-commercial Items (Mar 2011). Applies when any technical data for noncommercial items, or for commercial items developed in
any part at Government expense, is to be obtained from a subcontractor or supplier for delivery to the Government Prescribing-227.7103-6(a)
252.227-7014
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Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation (Feb 2014). Alternate I (JUN 1995) Applies when
any noncommercial computer software or computer software documentation is to be obtained from a subcontractor or supplier for delivery to the Government
Prescribing-227.7203-6(a)(1)
252.227-7015
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Technical Data - Commercial Items (Jun 2013)
252.227-7016
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252.227-7017
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252.227-7019
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Rights in Bid or Proposal Information (Jan 2011) Prescribing-227.7103-6(e)(1)
Identification and Assertion of Use, Release, or Disclosure Restrictions (JAN 2011) Requires offers to identify the technical data or computer software that
the Offeror or its subcontractor or suppliers assert should be furnished to the Government with restrictions on use, release, or disclosure. The identification and
assertion requirements apply only to technical data , including computer software documents , or computer software to be delivered with other than unlimited rights .
For contracts to be awarded under the Small Business Innovation Research Program, the notification requirements do not apply totechnical data or computer
software that will be generated under the contract. Prescribing-227.7103-3(b)
Validation of Asserted Restrictions-Computer Software (Sep 2011). Applies to all subcontracts which contemplate furnishing computer software to the
Government in the performance of this contract. Prescribing-227.7104(e)(3)
252.227-7025
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Limitations on the Use or Disclosure of Government-Furnished Information Marked With Restrictive Legends (MAY 2013)The Contractor may use
technical data marked with limited rights legends, computer software marked with restricted rights legends only for contract performance, or .SBIR technical
data or computer software marked with SBIR data rights legends. The Contractor may not, without the express written permission of the party whose name
appears in the legend, release or disclose the data or software to any unauthorized person. If the Contractor is acovered Government support contractor , the
Contractor may not use the data or software to compete for any Government or non-Government contract. The Contractor must ensure its employees are subject to
use and non-disclosure obligations prior to the employees’ access to or use of any Government furnished information. Prescribing-227.7109-6(c)
252.227-7026
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Deferred Delivery of Technical Data or Computer Software (Apr 1988). Applies if clause is in Prime Contract. Prescribing-227.7103-8(a)
252.227-7027
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252.227-7028
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252.227-7030
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Deferred Ordering of Technical Data or Computer Software (Apr 1988). Applies if clause is in Prime Contract. Prescribing-227.7103-8(b)
Technical Data or Computer Software Previously Delivered to the Government (Jun 1995). Applies when computer software or technical data pertaining to
noncommercial items or pertaining to commercial items for which the Government will have paid for any portion of the development costs is to be delivered.
Prescribing-227.7103-6(d)
Technical Data – Withholding of Payment (Mar 2000) Prescribing-227.7103-6(e)(2)
252.227-7037
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Validation of Restrictive Markings on Technical Data (Jan 2013). Applies to all subcontracts requiring the delivery of technical data. Prescribing-227.7102-4(c)
252.227-7038
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252.228-7005
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Patent Rights—Ownership by the Contractor (Large Business) (Dec 2007). Applies to all subcontracts for experimental, developmental, or research work to be
performed by a small business concern or nonprofit organization; and (ii) all other subcontracts for experimental, developmental, or research work, unless a different
patent rights clause is required by FAR 27.303. Prescribing-227.303(2)
Accident Reporting and Investigation Involving Aircraft, Missiles, and Space Launch Vehicles (Dec 1991)Prescribing-228.370(d)
252.229-7006
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Value Added Tax Exclusion (United Kingdom) (Dec 2011) Prescribing-229.402-70(f)
252.231-7000
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Supplemental Cost Principles (Dec 1991) Include when the allowability of costs is determined in accordance with Part 31 of the FAR.Prescribing-231.100-70
252.233-7001
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252.234-7002
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252.235-7003
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252.236-7013
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252.237-7010
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252.239-7000
REC
252.239-7001
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252.239-7016
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252.239-7018
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252.242-7004
$150K - $750K
252.242-7005
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252.242-7006
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252.243-7001
REC
252.244-7000
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252.244-7001
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252.245-7001
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Choice of Law (Overseas) (June 1997) Prescribing-233.215-70
Earned Value Management System (May 2011). Applies only to the extent the total value of the contract line items that are not firm-fixed price equals or exceeds
$20 million, unless otherwise specified in the contract. Insert the following in the blank in paragraph (k)(1): “Each subcontractor that has a subcontract valued at $5
million or more.” Insert the following in the blank in paragraph (k)(2): “Each subcontractor that has a subcontract valued at more than $20 million but less than $50
million.” Prescribing-234.203(2)
Frequency Authorization (Mar 2014). Applies to subcontracts requiring the development, production, construction, testing, or operation of a device for which a
radio frequency authorization is required.Prescribing-235.072(b)
Requirement for Competition Opportunity for American Steel Producers, Fabricators, And Manufacturers (Jun 2013) This clause applies to any subcontract
that involves the acquisition of steel as a construction material. Prescribing-236.570(d)
Prohibition on Interrogation of Detainees by Contractor Personnel (Jan 2013). Applies to all subcontracts that may require subcontractor personnel to interact
with detainees in the course of their duties. Prescribing-237.173-5
Protection Against Compromising Emanations (June 2004). Applies only to the extent this contract is for computer equipment or systems that are to be used to
process classified information. Prescribing-239.7103(a)
Information Assurance Contractor Training and Certification (JAN 2008) The Contractor must ensure that personnel accessing information systems have the
proper and current information assurance certification to perform information assurance functions in accordance with DoD 8570.01-M, Information Assurance
Workforce Improvement Program. The Contractor must meet the applicable information assurance certification requirements. Contractor personnel who do not have
proper and current certifications will be denied access to DoD information systems for the purpose of performing information assurance functions Prescribing239.7103(b)
Telecommunications Security Equipment, Devices, Techniques, and Services (Dec 1991).Applies if performance of the subcontract requires secure
telecommunications. In the blank in paragraph (b) insert “the location designated in this contract or designated by the contracting officer.” In the two blanks in
paragraph (c) insert “the location designated in this contract or designated by the contracting officer” and “the equipment, devices, techniques, and/or services
designated in this contract or designated by the contracting officer”, respectively.Prescribing-239.7411(d)
Supply chain risk (NOV 2013) The Contractor must maintain controls to minimize supply chain risk with regard information technology acquired under the
contract. Supply chain risk means the risk that an adversary may sabotage, maliciously introduce unwanted function, or otherwise subvert the design, integrity,
manufacturing, production, distribution, installation, operation, or maintenance of a national security system so as to surveil, deny, disrupt, or otherwise degrade the
function, use, or operation of the system Prescribing-239.7306(b)
Material Management and Accounting System (May 2011). Applies to contracts which exceed the simplified acquisition threshold.Prescribing-242.7204
Contractor Business Systems (FEB 2012) The Contractor must establish and maintain acceptable business systems , including, if applicable: an accounting
system (DFARS 252.242-7006; earned value management system (DFARS 252.234-7002); estimating system (DFARS 252.215-7002); material management and
accounting system (DFARS 252.242-7004); property management system (DFARS 252.245-7003); and purchasing system ( DFARS 252.244-7001. Prescribing
Accounting System Administration (FEB 2012) The Contractor must establish and maintain an acceptable accounting system that complies with the system
criteria in paragraph (c) and provides reasonable assurance that the contractor follows applicable laws and regulations, theaccounting system and cost data are
reliable, risk of misallocations and mischarges is minimized, and contract allocations and charges are consistent with billing procedures
Pricing of Contract Modifications (Dec 1991). Applies to fixed-price contracts. Prescribing-243.205-70
Subcontracts for Commercial Items and Commercial Components (DoD Contracts) (Jun 2013). Applies to all subcontract, at all tiers for commercial items or
commercial components. Prescribing-244.403
Contractor Purchasing System Administration (May 2014). Alt. 1 (May 2014) Does not apply if the clause at FAR 52.244-2 is not applicable to this subcontract.
Prescribing-244.305-71
Tagging, Labeling, and Marking of Government-Furnished Property (Apr 2012). Applies if government-furnished property is to be used in furtherance of the
subcontract. Prescribing-245.107(2)
252.245-7002
MAN
Reporting Loss of Government-Furnished Property (APR 2012) Requires the Contractor to report loss of Government property , which includes items that
cannot be found after a reasonable search, stolen items, damaged items requiring repair to restore to usable condition, or an item rendered useless for its intended
purpose or beyond economical repair
The Contractor must report losses of Government property outside normal process variation, for example, losses due to theft, inadequate storage, lack or physical
security, or “Acts of God.” This reporting requirement does not change any liability provisions or other reporting requirements that may exist under the
contract. Prescribing-245.107(3)
252.245-7003
MAN
Contractor Property Management System Administration (APR 2012) Requires the Contractor to establish and maintain anacceptable property management
system that complies with FAR 52.245-1(f). Failure to maintain anacceptable property management system may result in the contracting officer’s disapproval of
the system and/or withholding of payments. If the CO makes a final determination to disapprove theproperty management system , the CO will withhold payment in
accordance with DFARS 252.242-7005, Contractor Business Systems, if the contract includes the clause. Prescribing-245.107(4)
252.245-7004
MAN
Reporting, Reutilization, and Disposal (MAY 2013) With regard to the proceeds of any sale, purchase, or retention of surplus property, the Contractor must
forward the proceeds to the contracting officer, credit the Government as part of a settlement agreement, credit the contract price or cost, or apply the proceeds as
otherwise directed by the CO. Any sales contracts or other documents transferring title to surplus Contractor inventory must include the following statement: “The
Purchaser certifies that the property covered by this contract will be used in (name of country). In the event of resale or export by the Purchaser of any of the
property, the Purchaser agrees to obtain the appropriate U.S. and foreign export or re-export license approval Prescribing-245.107(5)
252.246-7000
MAN
252.246-7001
REC
252.246-7003
MAN
252.246-7007
MAN
252.247-7003
MAN
Material and Inspection Receiving Report (March 2008). To be used in subcontracts in which there will be separate and distinct deliverables, even if those
deliverables are not separately priced. Prescribing-246.370
Warranty of Data (Dec 1991)
Notification of Potential Safety Issues (Jun 2013). Applies to subcontracts for (i) Parts identified as critical safety items; (ii) Systems and subsystems,
assemblies, and subassemblies integral to a system; or (iii) Repair, maintenance, logistics support, or overhaul services for systems and subsystems, assemblies,
subassemblies, and parts integral to a system. Prescribing-246.371(a)
Contractor Counterfeit Electronic Part Detection and Avoidance System (MAY 2014) Requires the Contractor to establish and maintain an acceptable
counterfeit electronic part detection and avoidance system. Failure to maintain such a system, as defined in the clause, may result in disapproval of the purchasing
system by the contracting officer and withholding of payments
Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (Sep 2010). Applies to all subcontracts with motor carriers, brokers, or freight
forwarders. Prescribing-247.207
Transportation of Supplies by Sea (Apr 2014) Prescribing-247.574(b)
252.247-7023
MAN
252.247-7024
MAN
Notification of Transportation of Supplies by Sea (Mar 2000). Applies only if the contractor provided a negative response to the inquiry in the provision at
DFARS 252.247-7022. Prescribing-247.574(c)
252.247-7028
MAN
Application for U.S. Government Shipping Documentation/Instructions (JUN 2012) Requires the Contractor to request bills of lading by submitting DD Form 1659, Application for U.S. Government Shipping Prescribing‐247.207
252.249-7002
MAN
Notification of Anticipated Contract Termination or Reduction (Oct 2010). Applies to all contracts under a major defense program. Prescribing-249.7003(c)
252.251-7000
MAN
Ordering From Government Supply Sources (Apr 2012) Prescribing-251.107