Attachment A- PM 2020-05.pdf

ATTACHMENT A – PM 2020-05

FAR DEVIATION TEXT

FOR CLASS DEVIATION

Procurement Memorandum 2020-05

FAR Baseline: FAC 2020-05 effective 03/30/2020

• Additions to baseline made by deviation are indicated by [bold text in brackets]

• Deletions to baseline made by deviation are indicated by strikethroughs

• Five asterisks (* * * * *) indicate that there are no revisions between the preceding and following parts or sections

• Three asterisks (* * *) indicate that there are no revisions between the material shown within a section and subsection or subsection

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEM [(DEVIATION APR

2020)]

(b) * * *

(60) [52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEVIATION APR 2020) (31 U.S.C. 3903 and 10 U.S.C. 2307).

(61)] 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

([62]6 1) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

([63]6 2)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

(ii) Alternate I (Apr 2003) of 52.247-64.

(iii) Alternate II (Feb 2006) of 52.247-64.

xxx52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS [(DEVIATION APR 2020)]

(a)[(1) In accordance with 31 U.S.C. 3903 and 10 U.S.C. 2307, u] Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract [in accordance with the accelerated payment date established], to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, [with a goal of 15 days] after receipt of a proper invoice and all other required documentation from the small business subcontractor [if a specific payment date is not established by contract.

(2) The Contractor agrees to make such payments to its small business subcontractors without any further consideration from or fees charged to the subcontractor].

xxx

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

(End of clause)

(c)(1) * * *

(xix) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors [(DEVIATION APR 2020)], if flow down is required in accordance with paragraph (c) of FAR clause 52.232-40.