Attachment 7 - Provisions and Clauses.pdf

Provision/Clauses

/Deviations Reference Title Date

FAR Provision 52.203-11 Certification and Disclosure Regarding Payments to Influence

Certain Federal Transactions Sep 2024

FAR Provision 52.203-18 Prohibition on Contracting with Entities that Require Certain

Internal Confidentiality Agreements or Statements-Representation Jan 2017

FAR Provision 52.204-7 System for Award Management—Registration Nov 2024

FAR Provision 52.204-7 with Alt I System for Award Management—Registration, with Alternate I Oct 2018

FAR Provision 52.204-90 Offeror Identification Deviation Date

FAR Provision 52.207-6 Solicitation of Offers from Small Business Concerns and Small

Business Teaming Arrangements or Joint Ventures (Multiple-Award

Contracts)

Aug 2024

FAR Provision 52.209-12 Certification Regarding Tax Matters

Oct 2025

FAR Provision 52.219-2 Equal Low Bids

Deviation Date

FAR Provision 52.222-18 Certification Regarding Knowledge of Child Labor for Listed End

Products Feb 2021

FAR Provision 52.222-48 Exemption from Application of the Service Contract Labor

Standards for Maintenance, Calibration, or Repair of Certain

Equipment–Certification

Deviation Date

FAR Provision 52.222-52 Exemption from Application of the Service Contract Labor

Standards for Certain Services-Certification

Deviation Date

FAR Provision 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan

FAR Provision 52.223-4 Recovered Material Certification May 2008

FAR Provision 52.225-20 Prohibition on Conducting Restricted Business Operations in Sudan-

Certification Deviation Date

FAR Provision 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-Representation and

Certifications

Deviation Date

FAR Provision 52.226-3 Disaster or Emergency Area Representation Nov 2007

FAR Provision 52.229-11 Tax on Certain Foreign Procurements—Notice and Representation

Jun 2020

FAR Provision 52.240-90 Security Prohibitions and Exclusions Representations and

Certifications Deviation Date

FAR Clause 52.203-6 with Alt I Restrictions on Subcontractor Sales to the Government

Nov 2021

FAR Clause 52.203-13 Contractor Code of Business Ethics and Conduct Nov 2021

FAR Clause 52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements Jan 2017

FAR Clause 52.204-9 Personal Identity Verification of Contractor Personnel Jan 2011

FAR Clause 52.204-13 System for Award Management—Maintenance Deviation Date

FAR Clause 52.204-91 Contractor identification Deviation Date

FAR Clause 52.209-6 Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment Deviation Date

FAR Clause 52.209-9 Updates of Publicly Available Information Regarding Responsibility

Matters

Deviation Date

FAR Clause 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

FAR Clause 52.211-6 Brand Name or Equal

FAR Clause 52.212-4 Terms and Conditions—Commercial Products and Commercial

Services Deviation Date

FAR Clause 52.217-8 Option to Extend Services Nov 1999

FAR Clause 52.217-9 Option to Extend the Term of the Contract

Mar 2000

FAR Clause 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business

Concerns Deviation Date

FAR Clause 52.219-6 Notice of Total Small Business Set-Aside

Deviation Date

FAR Clause 52.219-6 with Alt I Notice of Total Small Business Set-Aside, with Alternate I Mar 2020

FAR Clause 52.219-8 Utilization of Small Business Concerns

Deviation Date

FAR Clause 52.219-9 Small Business Subcontracting Plan

Deviation Date

FAR Clause 52.219-9 with Alt I Small Business Subcontracting Plan, with Alternate I Deviation Date

FAR Clause 52.219-9 with Alt II Small Business Subcontracting Plan, with Alternate II Deviation Date

FAR Clause 52.219-9 with Alt III Small Business Subcontracting Plan, with Alternate III Deviation Date

FAR Clause 52.219-9 with Alt

IV

Small Business Subcontracting Plan, with Alternate IV

FAR Clause 52.219-14 Limitations on Subcontracting

FAR Clause 52.219-16 Liquidated Damages—Subcontracting Plan Deviation Date

FAR Clause 52.219-33 Nonmanufacturer Rule

FAR Clause 52.222-3 Convict Labor

Deviation Date

FAR Clause 52.222-19 Child Labor—Cooperation with Authorities and Remedies

FAR Clause 52.222-35 Equal Opportunity for Veterans

FAR Clause 52.222-35 with Alt I Equal Opportunity for Veterans, with Alternate I Jul 2014

FAR Clause 52.222-36 Equal Opportunity for Workers with Disabilities

Deviation Date

FAR Clause 52.222-36 with Alt I Equal Opportunity for Workers with Disabilities, with Alternate I Jul 2014

FAR Clause 52.222-37 Employment Reports on Veterans Deviation Date

FAR Clause 52.222-40 Notification of Employee Rights Under the National Labor Relations

Act

Deviation Date

FAR Clause 52.222-41 Service Contract Labor Standards

Deviation Date

FAR Clause 52.222-42 Statement of Equivalent Rates for Federal Hires May 2014

FAR Clause 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-

Price Adjustment (Multiple Year and Option Contracts)

FAR Clause 52.222-44 Fair Labor Standards Act and Service Contract Labor Standards-

Price Adjustment

Deviation Date

FAR Clause 52.222-50 Combating Trafficking in Persons Deviation Date

FAR Clause 52.222-50 with Alt I Combating Trafficking in Persons, with its Alternate I

Deviation Date

FAR Clause 52.222-51 Exemption from Application of the Service Contract Labor

Standards to Contracts for Maintenance, Calibration, or Repair of

Certain Equipment—Requirements Deviation Date

FAR Clause 52.222-53 Exemption from Application of the Service Contract Labor

Standards to Contracts for Certain Services—Requirements Deviation Date

FAR Clause 52.222-54 Employment Eligibility Verification

Deviation Date

FAR Clause 52.222-62 Paid Sick Leave Under Executive Order 13706

Deviation Date

FAR Clause 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-

Designated Items May 2008

FAR Clause 52.223-9 with Alt I Estimate of Percentage of Recovered Material Content for EPA-

Designated Items, with Alternate I May 2008

FAR Clause 52.223-11 Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons Deviation Date

FAR Clause 52.223-12 Maintenance

FAR Clause 52.223-20 Aerosols

FAR Clause 52.223-21 Foams

Deviation Date

FAR Clause 52.223-23 Sustainable Products and Services Deviation Date

FAR Clause 52.224-3 Privacy Training

Jan 2017

FAR Clause 52.224-3 with Alt I Privacy Training, with Alternate I Jan 2017

FAR Clause 52.225-19 Contractor Personnel in a Designated Operational Area or

Supporting a Diplomatic or Consular Mission outside the United

States

May 2020

FAR Clause 52.225-26 Contractors Performing Private Security Functions Outside the

United States

Oct 2016

FAR Clause 52.226-4 Notice of Disaster or Emergency Area Set-Aside Nov 2007

FAR Clause 52.226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area Deviation Date

FAR Clause 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While

Driving May 2024

Deviation Date

FAR Clause 52.229-12 Tax on Certain Foreign Procurements

Deviation Date

FAR Clause 52.232-18 Availability of Funds Apr 1984

FAR Clause 52.232-33 Payment by Electronic Funds Transfer—System for Award

Management

Oct 2018

FAR Clause 52.232-34 Payment by Electronic Funds Transfer—Other than System for

Award Management

Jul 2013

FAR Clause 52.232-36 Payment by Third Party

Deviation Date

FAR Clause 52.232-40 Providing Accelerated Payments to Small Business Subcontractors Mar 2023

FAR Clause 52.232-90 Fast Payment Procedure

Deviation Date

FAR Clause 52.233-2 Service of Protest Deviation Date

FAR Clause 52.233-3 Protest After Award Deviation Date

FAR Clause 52.233-4 Applicable Law for Breach of Contract Claim Deviation Date

FAR Clause 52.240-91 Security Prohibitions and Exclusions Deviation Date

FAR Clause 52.240-91 with Alt I Security Prohibitions and Exclusions, with Alternate I

Deviation Date

FAR Clause 52.240-92 Security Requirements Deviation Date

FAR Clause 52.240-92 with Alt I Security Requirements with Alternate I Deviation Date

FAR Clause 52.240-92 with Alt

II

Security Requirements with Alternate II

FAR Clause 52.240-93 Basic Safeguarding of Covered Contractor Information Systems

FAR Clause 52.242-13 Bankruptcy Jul 1995

FAR Clause 52.242-17 Government Delay of Work

Apr 1984

FAR Clause 52.244-6 Subcontracts for Commercial Products and Commercial Services Deviation Date

FAR Clause 52.247-34 F.O.B. Destination Jan 1991

FAR Clause 52.252-1 Solicitation Provisions Incorporated by Reference

(https://www.acquisition.gov) Feb 1998

FAR Clause 52.252-2 Clauses Incorporated by Reference (https://www.acquisition.gov) Feb 1998

DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials Sep 2011

DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights Dec 2022

DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials Sep 2022

DFARS 252.204-7003 Control of Government Personnel Work Product Apr 1992

DFARS DEVIATION 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident

Reporting (DEVIATION 2024-O0013, Revision 1) May 2024

DFARS 252.204-7016 Covered Defense Telecommunications Equipment or Services—

Representation Dec 2019

DFARS 252.204-7017 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services—Representation May 2021

DFARS 252.204-7018 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services Jan 2023

DFARS 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements Nov 2023

DFARS 252.204-7020 NIST SP 800-171 DoD Assessment Requirements Nov 2023

DFARS 252.215-7013 Supplies and Services Provided by Nontraditional Defense

Contractors Jan 2023

DFARS 252.225-7000 Buy American-Balance of Payments Program Certificate Feb 2024

DFARS 252.225-7001 Buy American and Balance of Payments Program

Feb 2024

DFARS 252.225-7048 Export-Controlled Items June 2013

DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports Dec 2018

DFARS 252.232-7006 Wide Area Workflow Payment Jan 2023

DFARS 252.232-7010 Levies on Contract Payments Dec 2006

DFARS 252.237-7023 Continuation of Essential Contractor Services Oct 2010

DFARS 252.237-7024 Notice of Continuation of Essential Contractor Services Oct 2010

DFARS 252.244-7000 Subcontracts for Commercial Products or Commercial Services Nov 2023

DFARS 252.247-7023 Transportation of Supplies by Sea Oct 2024

DAFFARS 5352.201-9101 Ombudsman (Jul 2023) (Mr. Robert Surrey, AFICC OL AMC, 510

POW/MIA, Scott AFB, IL 62225-5022, 618-229-0267, fax 618- 256-

5724, email: robert.surrey.1@us.af.mil)

Jul 2023

Prescription Applicability

Include the provision at 52.203-11, in solicitations expected to exceed $200,000 No

Include the provision at 52.203-18, in all solicitations, except for a personal services contract with an individual if the services are to be performed entirely by the individual, rather than by an employee of the contractor or a subcontractor.

No

Insert the provision at 52.204-7, System for Award Management, in all solicitations except for contracts awarded without providing for full and open competition due to unusual or compelling urgency

Yes

Insert the provision at 52.204-7, with its Alternate I when the solicitation is anticipated for contracts awarded without providing for full and open competition due to unusual or compelling urgency

No

When offerors are not required to be registered in SAM No

Include in solicitations for multiple-award contracts above the substantial bundling threshold of the agency No

For agencies receiving funds subject to section 523 of Division B of the Consolidated and

Further Continuing Appropriations Act , 2015 (Pub. L. 113-235) and similar provisions in subsequent appropriations acts, the contracting officer shall insert the provision 52.209-12, Certification Regarding Tax Matters, in solicitations for which the resultant contract

(including options) may have a value greater than $7 million.

No

When contracting by sealed bidding, insert the provision at 52.219-2, Equal Low Bids, in solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied this part No in all solicitations that are expected to exceed the micro-purchase threshold and are for the acquisition of end products (regardless of country of origin) except solicitations for commercial products or commercial services that include the provision at 52.212-3 No in solicitations that includes 52.222-41, Service Contract Labor Standards, and the contract may be exempt from the Service Contract Labor Standards statute in accordance with

22.1003-4(c) as provided below.

- Automated data processing equipment and office information/word processing systems.

- Scientific equipment and medical apparatus or equipment if the application of micro-electronic circuitry or other technology of at least similar sophistication is an essential element

- Office/business machines not otherwise exempt

No

In solicitations that-

(A) Include the clause at 52.222-41, Service Contract Labor Standards, and

(B) The contract may be exempt from the Service Contract Labor Standards statute in accordance with 22.1003-4(d) as provided below.

- Automobile

- Financial Services

- Hotel/Motel Services

- Maintenance, calibration, repair, and/or installation

- Transportation

- Real estate services

R l i i

No

In solicitations if

(1) It is possible that at least $700,000 of the value of the contract may be performed outside the United States; and

(2) The acquisition is not entirely for commercially available off-the-shelf items

No

In solicitations that require the delivery or specify the use of Environmental Protection

Agency-designated items No

***Include in each solicitation for the acquisition of other than commercial products or commercial services No

***In all solicitations

YES

In solicitations involving the local area set-aside

In solicitations, including solicitations using part 12 procedures for the acquisition of commercial products and commercial services, unless one of the following exceptions applies:

- SAP below SAT

- Emergency acquisition

- Unusual and compelling urgency

- Personal Services not to exceed SAT annually

Humanitarian Assistance

No

In all solicitations

YES

The contracting officer shall insert the clause at 52.203-6, Restrictions on Subcontractor

Sales to the Government, in solicitations and contracts exceeding the simplified acquisition threshold. For the acquisition of commercial products and commercial services, the contracting officer shall use the clause with its Alternate I.

No

Insert the clause at FAR 52.203-13, Contractor Code of Business Ethics and Conduct, in solicitations and contracts if the value of the contract is expected to exceed $7.5 million and the performance period is 120 days or more.

No

Include the clause at 52.203-19, Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements, in all solicitations and resultant contracts, other than personal services contracts with individuals.

No

In solicitations and contracts when contract performance requires contractors to have routine physical access to a Federally-controlled facility and/or routine access to a

Federally-controlled information system.

No

When offerors are required to be registered in SAM Yes

When offerors ARE NOT required to be registered in SAM No

Insert the clause at 52.209-6, Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded, in solicitations and contracts where the contract value exceeds $45,000 .

No

Insert the clause at 52.209-9, Updates of Publicly Available Information Regarding

Responsibility Matters—

(1) In solicitations where the resultant contract value is expected to exceed $750,000 ; and

(2) In contracts in which the offeror checked “has” in paragraph (b) of the provision at

52.209-7.

No

In each solicitation and contract for the acquisition of products or services (including construction).

Yes

***When brand name or equal purchase descriptions are included in a solicitation

Insert this clause in all solicitations and contracts.

YES

In solicitations and contracts for services when adding an option is appropriate . No

In solicitations and contracts when adding an option is appropriate (see 17.201) and the contract needs to include any of these elements :

(1) A requirement for the Government to give the contractor advance written notice of intent to extend;

(2) A statement that an extension of the contract also extends the option; or

(3) A specific limit on the total contract duration

No

In solicitations for acquisitions conducted using full and open competition.

No

The contracting officer must insert the clause at 52.219-6, Notice of Total Small Business Set-

Aside, in solicitations involving total small business set-asides. This includes multiple-award contracts when orders may be set aside for any of the small business concerns identified in

19.000(a)(3), as described in parts 8 and 16.

Yes

Use the provision with its Alternate I when including FPI in the competition in accordance with 19.104-1(d).

No

Utilization of Small Business Concerns, in solicitations and contracts when the contract amount is expected to exceed the simplified acquisition threshold unless—

(i) A personal services contract is considered (see 37.104); or

(ii) The contract, together with all of its subcontracts, will be performed entirely outside of the United States and its outlying areas.

No in solicitations and contracts that offer subcontracting possibilities , are expected to exceed

$900,000 ($2 million for construction of any public facility), and are required to include the clause at 52.219-8, Utilization of Small Business Concerns, unless the acquisition is set aside or is to be accomplished under the 8(a) program. When—

(A) Contracting by sealed bidding rather than by negotiation, use the clause with its

Alternate I;

(B) Contracting by negotiation, and subcontracting plans are required with initial proposals as provided for in 19.109(d), use the clause with its Alternate II; or

(C) The contract action will not be reported in the Federal Procurement Data System pursuant to part 4, use the clause with its Alternate III.

No

(A) Contracting by sealed bidding rather than by negotiation, use the clause with its

Alternate I;

No

(B) Contracting by negotiation, and subcontracting plans are required with initial proposals as provided for in 19.109(d), use the clause with its Alternate II; or No

(C) The contract action will not be reported in the Federal Procurement Data System pursuant to part 4, use the clause with its Alternate III .

No

If a subcontracting plan is required by paragraph (a) of this section or in accordance with

19.301(d), incorporate into the contract the clause at 52.219-9, Small Business

Subcontracting Plan, with its Alternate IV.

in solicitations and contracts—

(1) For supplies, services, and construction, if any portion of the requirement is to be set aside for small business and the contract amount is expected to exceed the simplified acquisition threshold, and in any solicitations and contracts that are set aside or awarded on a sole-source basis in accordance with sections 19.105, 19.106, 19.107, and 19.108, regardless of dollar value. This includes multiple-award contracts when orders may be set aside for small business concerns, as described in subpart 8.4 and subpart 16.5. For contracts that are set aside, the contracting officer must indicate in paragraph (f) of the clause whether compliance with the limitations on subcontracting is required at the contract or order level;

(2) Using the HUBZone price evaluation preference (see 19.110). However, if the prospective contractor waived the use of the preference, or is an other than small business, do not insert the clause in the resultant contract.

No

Insert the clause at 52.219-16, Liquidated Damages—Subcontracting Plan, in all solicitations and contracts containing the clause at 52.219-9, Small Business Subcontracting Plan, or the clause with its Alternate I or II.

No

In solicitations and contracts, including multiple-award contracts, when orders may be set aside for small business concerns as described in subpart 8.4 and subpart 16.5, when—

(i) the item being acquired has been assigned a manufacturing or supply NAICS code, and—

(ii)(A) Any portion of the requirement is to be—

(1) Set aside for small business and is expected to exceed the simplified acquisition threshold; or

(2) Set aside or awarded on a sole-source basis in accordance with sections 19.105, 19.106, 19.107, and 19.108, regardless of dollar value; or

(B) Using the HUBZone price evaluation preference (see 19.110) . However, if the prospective contractor waived the use of the price evaluation preference, or is an other than small business, do not insert the clause in the resultant contract.

No

In solicitations and contracts above the micro-purchase threshold , when the contract will be performed in the United States , Puerto Rico, the Northern Mariana Islands, American

Samoa, Guam, or the U.S. Virgin Islands; unless—

(a) The contract will be subject to 41 U.S.C. chapter 65 (see subpart 22.6 and 22.602), which contains a separate prohibition against the employment of convict labor;

(b) The supplies or services are to be purchased from Federal Prison Industries, Inc. (see subpart 8.6); or

(c) The acquisition involves the purchase, from any State prison, of finished supplies that may be secured in the open market or from existing stocks, as distinguished from supplies requiring special fabrication.

Yes

In all solicitations and contracts for the acquisition of supplies that are expected to exceed the micro-purchase threshold .

In solicitations and contracts if the expected value is $150,000 or more, except when—

(i) Work is performed outside the United States by employees recruited outside the United

States; or

(ii) The Director, Office of Federal Contract Compliance Programs of the U.S. Department of

Labor, has waived, in accordance with 22.1302-3(a) or the head of the agency has waived, in accordance with 22.1302-3(b), all of the terms of the clause.

No

If the Director, Office of Federal Contract Compliance Programs of the U.S. Department of

Labor, or the head of the agency waives one or more (but not all) of the terms of the clause, use the basic clause with its Alternate I.

No

In solicitations and contracts that exceed or are expected to exceed $15,000 , except when—

(i) Both the performance of the work and the recruitment of workers will occur outside the

United States, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S.

Virgin Islands, and Wake Island; or

(ii) The Director of OFCCP or agency head has waived, in accordance with 22.1401-3(a) or (b) all the terms of the clause

Yes

If the Director of OFCCP or agency head waives one or more (but not all) of the terms of the clause in accordance with 22.1401-3(a) or (b), use the basic clause with its Alternate I. No

In solicitations and contracts containing the clause at 52.222-35 , Equal Opportunity for

Veterans.

No

In all solicitations and contracts, including acquisitions for commercial products, commercial services, and commercially available off-the-shelf items

EXCEPT

(1) Under the simplified acquisition threshold. For indefinite-quantity contracts, include the clause only if the value of orders in any calendar year of the contract is expected to exceed the simplified acquisition threshold;

(2) For work performed exclusively outside the United States; or

(3) C d (i h i i ) b i d b h S

No

In solicitations and contracts (except as provided in paragraph (b)(2) of this subsection) if the contract is subject to the Service Contract Labor Standards statute and is—

(i) Over $2,500; or

(ii) For an indefinite dollar amount and the contracting officer does not know in advance that the contract amount will be $2,500 or less .

Yes

In solicitations and contracts if the contract amount is expected to be over $2,500 and the

Service Contract Labor Standards statute is applicable .

Yes

In solicitations and contracts if the contract is expected to be a fixed-price, time-and-materials, or labor-hour service contract containing the clause at 52.222-41, Service Contract

Labor Standards, and is a multiple year contract or is a contract with options to renew which exceeds the simplified acquisition threshold. The clause may be used in contracts that do not exceed the simplified acquisition threshold .

In solicitations and contracts if the contract is expected to be a fixed-price, time-and-materials, or labor-hour service contract containing the clause at 52.222-41, Service Contract

Labor Standards, exceeds the simplified acquisition threshold, and is not a multiple year contract or is not a contract with options to renew. The clause may be used in contracts that do not exceed the simplified acquisition threshold. The clause at 52.222-44, Fair Labor

Standards Act and Service Contract Labor Standards—Price Adjustment, applies to both contracts subject to area prevailing wage determinations and contracts subject to contractor collective bargaining agreements (see 22.1002-3(a) and (b)).

No

Insert this clause in all solicitations and contracts.

YES

Use the clause with its Alternate I when the contract will be performed outside the United

States and the contracting officer has been notified of specific U.S. directives or notices regarding combating trafficking in persons (such as general orders or military listings of “off-limits” local establishments) that apply to contractor employees at the contract place of performance.

No

In solicitations that include the provision at 52.222-48; and

(ii) In resulting contracts in which the contracting officer has determined, in accordance with

22.1002-1(e)(3), that the Service Contract Labor Standards statute does not apply .

Yes

In solicitations that include the provision at 52.222-52; and

(ii) In resulting contracts in which the contracting officer has determined, in accordance with

22.1002-1(e)(3), that the Service Contract Labor Standards statute does not apply .

Yes

In all solicitations and contracts that exceed $150,000, except those that—

(a) Are only for work that will be performed outside the United States;

(b) Are for a period of performance of less than 120 days; or

(c) Are only for—

(1) Commercially available off-the-shelf items;

(2) Items that would be COTS items, but for minor modifications (as defined at paragraph

(3)(ii) of definition of “commercial product” at 2.101;

(3) Items that would be COTS items if they were not bulk cargo; or

(4) Commercial services that are—

(i) Part of the purchase of a COTS item (or an item that would be a COTS item, but for minor modifications);

(ii) Performed by the COTS provider; and

No

In solicitations and contracts that include the clause at 52.222-6 , Construction Wage Rate

Requirements, or 52.222-41, Service Contract Labor Standards, where work is to be performed, in whole or in part, in the United States (the 50 States and the District of

Columbia).

No

In solicitations and contracts exceeding $200,000 that are for, or specify the use of, EPA-designated items containing recovered materials.

No

If technical personnel advise that estimates can be verified , use the clause with its

Alternate I.

No

In solicitations and contracts that may include products that may contain or be manufactured with ozone-depleting substances .

Yes

In solicitations and contracts that include the maintenance, service, repair, or disposal of refrigeration equipment or air conditioners.

***Except for contracts for supplies that will be delivered outside the United States and its outlying areas, or contracts for services that will be performed outside the United States and its outlying areas, insert this clause in solicitations and contracts–

(i) For products that may contain high global warming potential hydrofluorocarbons as a propellant, or as a solvent; or

(ii) That involve maintenance or repair of electronic or mechanical devices.

No

Except for contracts for supplies that will be delivered outside the United States and its outlying areas, or contracts for services that will be performed outside the United States and its outlying areas, insert this clause in solicitations and contracts for–

(i) Products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent, such as building foam insulation or appliance foam insulation; or

(ii) Construction of buildings or facilities.

No

In solicitations and contracts unless a written justification or exception (see 23.103(b) and

23.105, respectively) covers the entire acquisition. YES In solicitations and contracts when, on behalf of the agency, contractor employees will—

(1) Have access to a system of records;

(2) Create, collect, use, process, store, maintain, disseminate, disclose, dispose, or otherwise handle personally identifiable information; or

(3) Design, develop, maintain, or operate a system of records.

No

When an agency specifies that only its agency-provided training is acceptable, use the clause with its Alternate I.

No

In solicitations and contracts, other than personal service contracts with individuals, that will require contractor personnel to perform outside the United States—

(a) In a designated operational area during—

(1) Contingency operations;

(2) Humanitarian or peacekeeping operations; or

(3) Other military operations or military exercises, when designated by the combatant commander; or

(b) When supporting a diplomatic or consular mission—

(1) That has been designated by the Department of State as a danger pay post, see https://aoprals.state.gov/; or

(2) That the contracting officer determines is a post at which application of the clause FAR

52.225-19, Contractor Personnel in a Designated Operational Area or Supporting a

Diplomatic or Consular Mission outside the United States, is appropriate.

In solicitations and contracts for performance outside the United States in an area of—

(1) Combat operations, as designated by the Secretary of Defense; or

(2) Other significant military operations, as designated by the Secretary of Defense and only upon agreement of the Secretary of Defense and the Secretary of State.

(b) The clause is not required to be used for—

(1) Contracts entered into by elements of the intelligence community in support of intelligence activities; or

(2) Temporary arrangements entered into by non-DoD contractors for the performance of private security functions by individual indigenous personnel not affiliated with a local or expatriate security company.

No

The contracting officer shall insert this clause in solicitations and contracts involving local area set-asides.

No

In solicitations and contracts involving local area set-asides.

No

In all solicitations and contracts.

YES

In solicitations, including solicitations using part 12 procedures for acquiring commercial products and commercial services, except for—

(1) Acquisitions using simplified acquisition procedures that do not exceed the simplified acquisition threshold;

(2) Emergency acquisitions using the emergency acquisition flexibilities defined in part 18;

(3) Acquisitions using the unusual and compelling urgency authority in part 6;

(4) Contracts with a single individual for personal services that will not exceed the simplified acquisition threshold on an annual calendar year basis for all years of the contract; and

(5) Acquisitions the requiring activity identifies as requirements for certain foreign humanitarian assistance contracts that are payments made by U.S. Government agencies under a contract with a foreign contracting party to obtain goods or services described in or authorized under 7 U.S.C. 1691, et seq., 22 U.S.C. 2151, et seq., 22 U.S.C 2601 et seq., 22

U.S.C. 5801 et seq., 22 U.S.C. 5401 et seq., 10 U.S.C. 402, 10 U.S.C. 404, 10 U.S.C. 407, 10

U.S.C. 2557, and 10 U.S.C. 2561.

No

In—

(1) Solicitations that contain the provision at 52.229-11, Tax on Certain Foreign

Procurements—Notice and Representation; and

(2) Resulting contracts for which the contractor indicated it was a foreign person in solicitation provision 52.229-11, Tax on Certain Foreign Procurements—Notice and

Representation

No

In solicitations and contracts if the contract will be chargeable to funds of the new fiscal year and the contract action will be initiated before the funds are available .

In solicitations and contracts that include the provision at 52.204-7, System for Award

Management, or an agency clause that requires a contractor to be registered in SAM and maintain registration until final payment, unless—

(i) Payment will be made through a third party arrangement (see 13.301 and paragraph (d) of this section); or

(ii) An exception listed in 32 1103(a) through (i) applies

Yes

In solicitations and contracts that require EFT as the method for payment but do not include the provision at 52.204-7, System for Award Management, or a similar agency clause that requires the contractor to be registered in SAM.(ii)(A) If permitted by agency procedures, the contracting officer may insert in paragraph (b)(1) of the clause, a particular time after award, such as a fixed number of days, or event such as the submission of the first request for payment.

(B) If no agency procedures are prescribed, the time period inserted in paragraph (b)(1) of the clause must be “no later than 15 days prior to submission of the first request for payment ”

No

In solicitations and contracts if payment under a written contract will be made by a charge to a Government account with a third party such as a Governmentwide commercial purchase card. Payment by a purchase card may also be made under a contract that does not contain the clause at 52.232-36, to the extent the contractor agrees to accept that method of payment. When the clause at 52.232-36 is included in a solicitation or contract, insert the clause at 52.232-33, Payment by Electronic Funds Transfer—System for Award

Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for

Award Management, as appropriate.

Yes

Insert this clause in all solicitations and contracts.

YES

In solicitations and contracts when the conditions in 32.1202 are applicable and it is intended that the fast payment procedure be used in the contract (in the case of BPAs, the contracting officer may elect to insert the clause either in the BPA or in orders under the

BPA).

No

In solicitations for contracts expected to exceed the simplified acquisition threshold.

No

In all solicitations and contracts.

YES

In all solicitations and contracts.

YES

In all solicitations and contracts.

YES

(c) Insert the clause with its Alternate I in-

(1) Federal Supply Schedules, Governmentwide acquisition contracts, and multi-agency contracts; and

(2) Where the program office or the requiring activity instructs the contracting officer to select specific types of FASCSA orders

No

In solicitations and contracts when the contract may require access to classified information.

No

If a cost contract for research and development with an educational institution is considered, use the clause with its Alternate I.

No

If a construction or architect-engineer contract where employee identification is required for security reasons is being considered, use the clause with its Alternate II. No

In solicitations and contracts when the contractor or a subcontractor at any tier may have

Federal contract information residing in or moving through its information system . No

In all solicitations and contracts exceeding the simplified acquisition threshold. No

In solicitations and contracts when a fixed-price contract is contemplated for supplies other than commercial or modified-commercial products . The clause use is optional when a fixed-price contract is contemplated for services, or for supplies that are commercial or modified-commercial products.

In solicitations and contracts.

Yes when the delivery term is f.o.b. destination. Yes

Insert this clause in all solicitations and contracts.

YES

Insert this clause in all solicitations and contracts.

YES

Insert this clause in all solicitations and contracts. YES Insert this clause in all solicitations and contracts. YES Insert this clause in all solicitations and contracts. YES Insert this clause in all solicitations and contracts. YES ***Insert this clause in all solicitations and contracts in liue of DFARS 252.204-7012

YES

Insert this clause in all solicitations and contracts.

YES

Insert this clause in all solicitations and contracts.

YES

Insert this clause in all solicitations and contracts.

YES

Insert this clause in all solicitations and contracts. YES Insert this clause in all solicitations and contracts. YES Insert this clause in all solicitations and contracts.

YES

In any solicitation, including solicitations using FAR part 12 procedures for the acquisition of commercial products and commercial services, that includes the basic or the alternate of the clause at 252.225-7001

In solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial products and commercial services, unless—

(A) All line items will be acquired from a particular source or sources under the authority of FAR 6.302-3;

(B) All line items require domestic or qualifying country end products in accordance with subpart 225.70, but note that this exception does not apply if subpart

225.70 only requires manufacture of the end product in the United States or in the United

States or Canada, without a corresponding requirement for use of domestic components;

(C) The acquisition is for supplies for use within the United States and an exception to the Buy American statute applies, e.g., nonavailability or public interest (see

FAR 25.103 and 225.103);

(D) The acquisition is for supplies for use outside the United States and an exception to the Balance of Payments Program applies (see 225.7501);

(E) One or more of the basic or the alternates of the following clauses will apply to all line items in the contract:

(1) 252.225-7021, Trade Agreements.

(2) 252.225-7036, Buy American—Free Trade Agreements—Balance of

Payments Program; or

(F) All line items will be acquired using a procedure specified in 225.7703-1(a).

(ii) Use the basic clause if the acquisition is not of end products listed in 225.401-70 in support of operations in Afghanistan.

Yes

Insert this clause in all solicitations and contracts. YES Insert this clause in all solicitations and contracts.

YES

Insert this clause in all solicitations and contracts. YES Insert this clause in all solicitations and contracts. YES In all solicitations and contracts for services that are in support of mission-essential functions.

No

In all solicitations for services that include the clause 252.237-7023 No

Insert this clause in all solicitations and contracts.

YES

Insert this clause in all solicitations and contracts. YES Insert this clause in all solicitations and contracts.

YES