CONTRACT CLAUSES.pdf

Contract Clauses I.1 FAR 52.252-2 - Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the contracting officer will make their full text available.

Also, the full text of a clause may be accessed electronically at this/these address (es):

Federal Acquisition Regulation (FAR): https://www.acquisition.gov/browse/index/far (Clauses are located at FAR part 52 and begin with 52)

Department of Health and Human Services Acquisition Regulation (HHSAR) (48 CFR Chapter 3) Clauses:

http://www.hhs.gov/policies/hhsar/

Revolutionary FAR Overhaul Clauses (RFO): https://www.acquisition.gov/far-overhaul

Deviations to clauses may be viewed at: https://www.acquisition.gov/caac-letters

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

Number Title Date 52.203-17 Contractor Employee Whistleblower Rights Nov 2023 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (DEVIATION) (RFO AUG 2025) Jan 2017

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

(DEVIATION) (RFO AUG 2025)

Jun 2020

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

(DEVIATION) (RFO AUG 2025)

Jan 2025

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

(DEVIATION) (RFO AUG 2025)

Nov 2015

52.212-4 Terms and Conditions – Commercial Products and Commercial Services

(DEVIATION) (RFO NOV 2025)

Nov 2023

52.222-3 Convict Labor Jun 2003

52.222-6 Construction Wage Rate Requirements (DEVIATION) (RFO NOV 2025) Aug 2018

52.222-7 Withholding of Funds May 2014

52.222-8 Payrolls And Basic Records Jul 2021

52.222-9 Apprentices and Trainees (DEVIATION FEB 2025) Jul 2005

52.222-10 Compliance With Copeland Act Requirements Feb 1988

52.222-11 Subcontracts (Labor Standards) (DEVIATION) (RFO NOV 2025) May 2014

52.222-12 Contract Termination – Debarment May 2014

52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations.

May 2014

52.222-14 Disputes Concerning Labor Standards Feb 1988 52.222-15 Certification Of Eligibility May 2014 52.222-40 Notification of Employee Rights Under the National Labor Relations Dec 2010 52.222-50 Combating Trafficking In Persons Nov 2021 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026 Jan 2022 52.222-62 Paid Sick Leave Under Executive Order 13706 Jan 2022 52.223-11 Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (DEVIATION) (RFO NOV 2025) May 2024 https://www.acquisition.gov/browse/index/far http://www.hhs.gov/policies/hhsar/ https://www.acquisition.gov/far-overhaul https://www.acquisition.gov/caac-letters

52.223-23 Sustainable Products and Services (DEVIATION FEB 2025) May 2024 52.225-9 Buy American-Construction Materials

(b)(2) NONE (DEVIATION) (RFO NOV 2025) Oct 2022

52.226-1 Utilization of Indian Organizations and Indian-Owned Economic Enterprises (DEVIATION) (RFO AUG 2025)

Jun 2000

52.226-7 Drug-Free Workplace (DEVIATION) (RFO AUG 2025) May 2024 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving

(DEVIATION) (RFO AUG 2025)

May 2024

52.227-1 Authorization and Consent (DEVIATION) (RFO SEP 2025) Jun 2020 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement

(DEVIATION) (RFO SEP 2025)

Jun 2020

52.227-4 Patent Indemnity-Construction Contracts (DEVIATION) (RFO SEP 2025) Dec 2007 52.232-5 Payments Under Fixed-Price Construction Contracts May 2014 52.232-33 Payment By Electronic Funds Transfer—System for Award Management Oct 2018 52.232-39 Unenforceability of Unauthorized Obligations Jun 2013 52.232-40 Providing Accelerated Payments To Small Business Subcontractors Mar 2023 52.233-4 Applicable Law For Breach Of Contract Claim (DEVIATION) (RFO AUG

2025) Oct 2004

52.236-5 Material And Workmanship (DEVIATION) (RFO JUL 2025) Apr 1984

52.236-7 Permits And Responsibilities (DEVIATION) (RFO JUL 2025) Nov 1991

52.236-17 Layout of Work (DEVIATION) (RFO JUL 2025) Apr 1984

52.240-91 Security Prohibitions and Exclusions (DEVIATION) (RFO Aug 2025) Aug 2025

52.240-93 Basic Safeguarding of Covered Contractor Information (DEVIATION) (RFO Aug 2025)

Aug 2025

52.253-1 Computer Generated Forms Jan 1991

I.1. HEALTH AND HUMAN SERVICES ACQUISITION REGULATION (HHSAR)

CLAUSES INCORPORATED BY REFERENCE

DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION REGULATION (HHSAR) (48 CFR

CHAPTER 3) CLAUSES: http://www.hhs.gov/policies/hhsar/

Number Title Date 352.223-70 Safety and Health Dec 2015 352.226-3 Native American Graves Protection and Repatriation Act Dec 2015 352.232-71 Electronic Submission Of Invoice Payment Requests Feb 2022 http://www.hhs.gov/policies/hhsar/

CLAUSES INCORPORATED IN FULL TEXT

I.2. FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020) (DEVIATION) (RFO OCT 2025)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any HHSAR (48 CFR Chapter 3) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

HHSAR 352.226-6 INDIAN ECONOMIC ENTERPRISE SUBCONTRACTING LIMITATIONS

(MAR 2022)

(a) Definitions as used in this clause.

(1) Indian Economic Enterprise means any business activity owned by one or more Indians or Indian Tribes that is established for the purpose of profit provided that: The combined Indian or Indian Tribe ownership must constitute not less than 51 percent of the enterprise; the Indians or Indian Tribes must, together, receive at least a majority of the earnings from the contract; and the management and daily business operations of an enterprise must be controlled by one or more individuals who are Indians. To ensure actual control over the enterprise, the individuals must possess requisite management or technical capabilities directly related to the primary industry in which the enterprise conducts business. The enterprise must meet these requirements throughout the following time periods:

(i) At the time an offer is made in response to a written solicitation;

(ii) At the time of the contract award; and

(iii) During the full term of the contract.

(2) Subcontract means any contract, as defined in FAR subpart 2.1, entered into by a subcontractor to furnish supplies or services for performance of the prime contractor or subcontractor. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.

(3) Subcontractor means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime contractor or another subcontractor.

(b) Required Percentages of work by the concern. The contractor must comply with FAR 52.219-14, Limitations on Subcontracting clause in allocating what percentage of work to subcontract. The contractor shall not subcontract work exceeding the subcontract limitations in FAR 52.219-14 to a concern other than a responsible Indian Economic Enterprise.

(c) Any work that an IEE subcontractor does not perform with its own employee shall be considered subcontracted work for the purpose of calculating percentages of subcontract work in accordance with FAR 52.219-14 Limitations on Subcontracting.

(d) Cooperation. The contractor must:

(1) Carry out the requirements of this clause to the fullest extent; and

(2) Cooperate in any study or survey that the CO, Indian Health Service or its agents may conduct to verify the contractor's compliance with this clause.

(e) Incorporation in Subcontracts. The contractor must incorporate the substance of this clause, including this paragraph (e), in all subcontracts for general services, A&E services and construction awarded under this contract.

END OF SECTION I