Attachment 1 - List of Provisions and Clauses (BAA)_28Sep2026.pdf
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- Attached to
- CHEERS MAA Open Period 1 - All Technical Areas, 10 U. S. C. 4001 Broad Agency Announcement (BAA)
- Solicitation number
- FA238424S2334
About this file
This document is a comprehensive list of clauses incorporated by reference and clauses in full text for federal contract FA2384-24-S-2334 (Amendment 01), issued by the Department of the Air Force with solicitation status marked as "Not Set."
The document serves as a contractual reference guide containing over 150 Federal Acquisition Regulation (FAR) and Defense Federal Acquisition Regulation Supplement (DFARS) clauses applicable to this contract. Key clauses address critical compliance areas including cost accounting standards, cybersecurity requirements (NIST SP 800-171 compliance, safeguarding covered defense information, and cyber incident reporting), small business utilization and subcontracting plans, payment procedures through Wide Area WorkFlow (WAWF), property management, transportation requirements (including U.S.-flag vessel preference), and post-award small business program rerepresentation requirements. Additional clauses cover representations and certifications, buy American preferences, export control compliance, anti-trafficking provisions, intellectual property rights, cost and pricing data requirements, and dispute resolution procedures. Notable deviations from standard FAR provisions are identified, including modifications to certified cost or pricing data requirements for single-offer situations (Deviation 2026-O0048) and contractor business systems administration (Deviation 2026-O0050). The contract incorporates full text for selected clauses such as notification of employee rights under the National Labor Relations Act, payment terms (including prompt payment and limitation of government obligation provisions), item unique identification and valuation requirements, and change notification procedures. The document does not specify particular deliverables, service requirements, pricing structures, or performance work statements, functioning instead as a master clause incorporation document for a federal contract.
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Text version
FA2384-24-S-2334 (Not Set)
Amendment 01
CLAUSES INCORPORATED BY REFERENCE
CLAUSE
NO
ALT NO/
DEV NO CLAUSE TITLE YEAR-
MO SECTION
Requirements Relating to Compensation of Former DoD
Compliance with Safeguarding Covered Defense Information
Supplies and Services Provided by Nontraditional Defense
252.225-7003 Report of Intended Performance Outside the United States and Canada -Submission with Offer
Report of Intended Performance Outside the United States and
2020-10 SEC L
SOLICITATION NUMBER DOCUMENT NUMBER
252.203-7000 Officials. 2011-09 SEC I
252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense- Contract-Related Felonies. 2023-01 SEC I
252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2022-12 SEC I 252.203-7003 Agency Office of the Inspector General. 2019-08 SEC I 252.203-7004 Display of Hotline Posters. 2023-01 SEC I
252.203-7005 Representation Relating to Compensation of Former DoD Officials. 2022-09 SEC K
252.204-7000 Disclosure of Information. 2016-10 SEC I 252.204-7003 Control of Government Personnel Work Product. 1992-04 SEC I 252.204-7004 Antiterrorism Awareness Training for Contractors. 2023-01 SEC I 252.204-7006 Billing Instructions-Cost Vouchers 2023-05 SEC G
252.204-7008 Controls. 2016-10 SEC K
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. 2023-01 SEC I
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. 2023-01 SEC I
252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-Representation. 2021-05 SEC K
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services. 2023-01 SEC I
252.204-7021 Cybersecurity Maturity Model Certification Requirement 2025-11 SEC I 252.204-7022 Expediting Contract Closeout. 2021-05 SEC I 252.204-7024 Notice on the Use of the Supplier Performance Risk System. 2023-03 SEC L 252.205-7000 Provision of Information to Cooperative Agreement Holders. 2023-06 SEC I
252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism. 2019-05 SEC I
252.215-7002 Cost Estimating System Requirements. 2012-12 SEC I 252.215-7009 Proposal Adequacy Checklist. 2023-03 SEC L
252.215-7013 Contractors. 2023-01 SEC L
252.215-7014 Exception from Certified Cost or Pricing Data Requirements for Foreign Military Sales Indirect Offsets. 2022-12 SEC I
252.215-7996
Notification to Offerors-Postaward Debriefings
(DEVIATION 2026-O0048)
2026-03
SEC I
252.216-7010 Postaward Debriefings for Task Orders and Delivery Orders. 2022-12 SEC I 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements. 2023-01 SEC I
252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. 2014-09 SEC I
252.223-7008 Prohibition of Hexavalent Chromium. 2023-01 SEC I 252.225-7000 Buy American--Balance of Payments Program Certificate. 2024-02 SEC K
252.225-7004 Canada -Submission after Award. 2020-10 SEC I 252.225-7012 Preference for Certain Domestic Commodities. 2022-04 SEC I 252.225-7048 Export-Controlled Items. 2013-06 SEC I
Representation Regarding Business Operations with the
52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. 2014-05 SEC I
252.225-7055 Maduro Regime. 2022-05 SEC K
252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. 2023-01 SEC I
252.225-7057 Pre-award Disclosure of Employment of Individuals Who Work in the People's Republic of China. 2022-08 SEC K
252.225-7058 Post-award Disclosure of Employment of Individuals Who Work in the People's Republic of China. 2023-01 SEC I
252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region-Representation. 2023-06 SEC K
252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region. 2023-06 SEC I
252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns. 2023-01 SEC I
Rights in Other Than Commercial Computer Software and
252.227-7038 Patent Rights-Ownership by the Contractor (Large Business) 2012-06 SEC I 252.227-7039 252.227-7989
Patents--Reporting of Subject Inventions.
Rights in Technical Data, Computer Software, and Computer
Software Documentation-Other Than Commercial Products and Commercial Services (DEVIATION 2026-O0036)
1990-04 SEC I
252.231-7000 Supplemental Cost Principles 1991-12 SEC G 252.232-7003 Electronic Submission of Payment Requests and Receiving 2018-12 SEC G
Reports.
252.232-7010 Levies on Contract Payments. 2006-12 SEC I 252.232-7011 Payments in Support of Emergencies and Contingency 2013-05 SEC I
252.239-7010 252.240-7997
Operations.
Cloud Computing Services
Nist SP 800-171DoD Assessment Requirements
2026-05
252.242-7997 252.242-7998 252.242-7999
Material Management and Accounting System
Contractor Business Systems (DEVIATION 2026-O0050) Accounting System Administration (DEVIATION 2026-
O0050)
SEC I
SEC I
252.243-7001 Pricing of Contract Modifications. 1991-12 SEC I 252.243-7002 Requests for Equitable Adjustment. 2022-12 SEC I
252.244-7998 252.244-7999
Contractor Purchasing System Administration (DEVIATION
2026-O0015) Subcontracts for Commercial Products or Commercial Services
(DEVIATION 2026-o0015)
2026-02
252.245-7000 Government-Furnished Mapping, Charting, and Geodesy 2012-04 SEC I Property.
252 245 7003 Contractor Property Management System Administration 2012 04 SEC I
52.204-10 Reporting Executive Compensation and First-Tier Subcontract 2026-06 SEC I Awards.
52.204-13 System for Award Management Maintenance. 2026-02 SEC I
52.204-19 Incorporation by Reference of Representations and Certifications. 2014-12 SEC I
52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. 2026-02 SEC I
52.209-13 Violation of Arms Control Treaties or Agreements- Certification.
Protecting the Government's Interest When Subcontracting
2026-02 SEC K
52.209-6 with Contractors Debarred, Suspended, or Proposed for Debarment.
2026-02 SEC I
52.209-7 Information Regarding Responsibility Matters. 2026-02 SEC K
52.209-9 Updates of Publicly Available Information Regarding 2026-02 SEC I Responsibility Matters.
52.210-1 Market Research. 2026-02 SEC I
52.211-5 Material Requirements. 2026-02 SEC I 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data. 2011-08 SEC I 52.215-12 Subcontractor Certified Cost or Pricing Data. 2026-03 SEC I 52.215-15 Pension Adjustments and Asset Reversions. 2026-03 SEC I 52.215-16 Facilities Capital Cost of Money. 2003-06 SEC L
52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions. 2026-03 SEC I
52.215-19 Notification of Ownership Changes. 2026-03 SEC I 52.215-2 Audit and Records-Negotiation. 2026-03 SEC I
Requirements for Certified Cost or Pricing Data and Data
52.204-7 System for Award Management-Registration 2026-02 SEC L 52.207-4 Economic Purchase Quantity-Supplies. 1987-08 SEC L
52.207-6 Solicitation of Offers from Small Business Concerns and Small Business Teaming Arrangements or Joint Ventures 2022-12 SEC L
(Multiple-Award Contracts).
52.215-20 Other Than Certified Cost or Pricing Data. 2026-03 SEC L
52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data-Modifications. 2026-03 SEC I
52.215-8 Order of Precedence-Uniform Contract Format. 1997-10 SEC I 52.216-12 Cost-Sharing Contract-No Fee. 1984-04 SEC I 52.216-8 Fixed Fee. 2011-06 SEC I 52.217-2 Cancellation Under Multi-year Contracts. 1997-10 SEC I
52.219-16 Liquidated Damages-Subcontracting Plan. 2021-09 SEC I 52.219-8 Utilization of Small Business Concerns. 2024-02 SEC I 52.219-9 Small Business Subcontracting Plan. 2023-09 SEC I 52.219-9 ALT II Small Business Subcontracting Plan. (Alternate II) 2016-11 SEC I 52.219-9
52.222-19 FAR Class Deviation 2026-01 Amendment 1
Child Labor-Cooperation with Authorities and Remedies.
2024-02
52.222-35 Equal Opportunity for Veterans. 2026-02 SEC I 52.222-36 Equal Opportunity for Workers with Disabilities. 2026-02 SEC I 52.222-37 Employment Reports on Veterans. 2026-02 SEC I 52.222-50 Combating Trafficking in Persons. 2026-02 SEC I 52.222-54 Employment Eligibility Verification. 2026-02 SEC I
Driving.
52.224-3 Privacy Training. 2017-01 SEC I 52.224-3 ALT I Privacy Training. (Alternate I) 2017-01 SEC I
52.228-7 Insurance-Liability to Third Persons. 1996-03 SEC I
52.229-11 Tax on Certain Foreign Procurements-Notice and 2020-06 SEC K Representation.
52.229-12 Tax on Certain Foreign Procurements. 2021-02 SEC I 52.229-3 Federal, State, and Local Taxes. 2013-02 SEC I 52.230-1 Cost Accounting Standards Notices and Certification. 2026-02 SEC K 52.230-2 Cost Accounting Standards. 2026-02 SEC I 52.230-6 Administration of Cost Accounting Standards. 2026-02 SEC I 52.230-7 Proposal Disclosure-Cost Accounting Practice Changes. 2005-04 SEC K
52.232-17 Interest. 2014-05 SEC I 52.232-20 Limitation of Cost. 2026-02 SEC I 52.232-22 Limitation of Funds. 2026-02 SEC I 52.232-23 Assignment of Claims. 2014-05 SEC I 52.232-33 Payment by Electronic Funds Transfer-System for Award 2018-10 SEC I
Management.
52.232-39 Unenforceability of Unauthorized Obligations. 2013-06 SEC I
52.232-40 Providing Accelerated Payments to Small Business
Subcontractors. 2023-03 SEC I
52.233-1 Disputes. 2026-02 SEC I 52.233-3 Protest after Award. 2026-02 SEC I 52.233-3 ALT I Protest after Award. (Alternate I) 2026-02 SEC I 52.233-4 Applicable Law for Breach of Contract Claim. 2026-02 SEC I 52.242-5 Payments to Small Business Subcontractors. 2017-01 SEC I
52.242-13 Bankruptcy. 1995-07 SEC I 52.242-15 Stop-Work Order. 1989-08 SEC F 52.242-15 ALT I Stop-Work Order. (Alternate I) 1984-04 SEC F 52.242-17 Government Delay of Work. 1984-04 SEC F 52.242-3 Penalties for Unallowable Costs. 2026-03 SEC I 52.243-1 Changes-Fixed-Price. 2026-02 SEC I 52.243-2 Changes-Cost-Reimbursement. 2026-02 SEC I 52.244-6 Subcontracts for Commercial Products and Commercial 2026-02 SEC I
Services. (Deviation 2025-O0003)
52.245-1 Government Property. 2021-09 SEC I 52.245-9 Use and Charges. 2012-04 SEC I
52.246-16 Responsibility for Supplies. 1984-04 SEC E 52.246-2 Inspection of Supplies-Fixed-Price. 1996-08 SEC E
52.246-23 Limitation of Liability. 1997-02 SEC I 52.246-3 Inspection of Supplies-Cost-Reimbursement. 2001-05 SEC E
52.247-34 F.o.b. Destination. 1991-11 SEC F 52.247-35 F.o.b. Destination, Within Consignee's Premises. 1984-04 SEC F
52.249-2 Termination for Convenience of the Government (Fixed-Price). 2012-04 SEC I 52.249-6 Termination (Cost-Reimbursement). 2004-05 SEC I 52.249-8 Default (Fixed-Price Supply and Service). 1984-04 SEC I 52.253-1 Computer Generated Forms. 1991-01 SEC I
252.204-7012
252.239-7009
Safeguarding Covered Defense Information and Cyber Incident Reporting (Deviation 2024-O00013 Revision 1)
Representation of Use of Cloud Computing.
2024-05
2015-09
SEC K
252.204-7002 Payment for Contract Line or Subline Items Not Separately Priced
2020-04 SEC G
252.227-7994
Limitations on the Use or Disclosure of Government
Furnished Information Marked with Restrictive Legends
(DEVIATION 2026-O0036)
2026-02
SEC i
252.235-7000 Indemnification Under 10 U.S.C. 3861--Fixed Price. 2022-12 SEC I 252.235-7011 Final Scientific or Technical Report. 2019-12 SEC I 252.239-7018 Supply Chain Risk. 2022-12 SEC I 252.246-7007 Contractor Counterfeit Electronic Part Detection and 2023-01 SEC I
Avoidance System.
252.246-7008 Sources of Electronic Parts. 2023-01 SEC I 52.227-1 ALT I Authorization and Consent. (Alternate I) 1984-04 SEC I 52.227-1 Authorization and Consent. 2020-06 SEC I 52.227-10 Filing of Patent Applications-Classified Subject Matter. 2007-12 SEC I
Notice and Assistance Regarding Patent and Copyright
52.246-8 ALT I Inspection of Research and Development-Cost- Reimbursement. (Alternate I)
52.249-1 ALT I Termination for Convenience of the Government (Fixed-Price) (Short Form). (Alternate I)
52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form).
52.249-5 Termination for Convenience of the Government (Educational and Other Nonprofit Institutions).
52.249-14 Excusable Delays.
Reported Cyber Incident Information.
252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten.
1984-04 SEC E
1984-04 SEC I
2016-08 SEC I
2023-01 SEC I
52.227-2 Infringement. 2020-06 SEC I
52.215-17 Waiver of Facilities Capital Cost of Money. 1997-10 SEC I 52.215-23 Limitations on Pass-Through Charges. 2026-03 SEC I 52.215-23 ALT I Limitations on Pass-Through Charges. (Alternate I) 2009-10 SEC I 52.216-11 Cost Contract-No Fee. 1984-04 SEC I 52.216-11 ALT I Cost Contract-No Fee. (Alternate I) 1984-04 SEC I
52.222-51 Exemption from Application of the Service Contract Labor
Standards to Contracts for Maintenance, Calibration, or Repair 2014-05 SEC I of Certain Equipment-Requirements.
52.223-6 Drug-Free Workplace. 2001-05 SEC I 52.243-1 ALT V Changes-Fixed-Price. (Alternate V) 1984-04 SEC I 52.246-26 Reporting Nonconforming Items. 2021-11 SEC I 52.246-4 Inspection of Services-Fixed-Price. 1996-08 SEC E 52.246-9 Inspection of Research and Development (Short Form). 1984-04 SEC E 52.249-9 Default (Fixed-Price Research and Development). 1984-04 SEC I 52.249-6 ALT IV Termination (Cost-Reimbursement). (Alternate IV) 1996-09 SEC I 52.244-5 Competition in Subcontracting. 1996-12 SEC I 52.246-7 Inspection of Research and Development-Fixed-Price. 1996-08 SEC E 52.246-8 Inspection of Research and Development-Cost-Reimbursement. 2001-05 SEC E
252.228-7001 Ground and Flight Risk. 2023-03 SEC I
CLAUSES IN FULL TEXT
CLAUSE
NO
ALT NO/
DEV NO CLAUSE TITLE YEAR-
MO
CLAUSE TEXT
52.222-40 Notification of Employee Rights Under the National Labor Relations Act. 2010-12
As prescribed in 22.1605 , insert the following clause:
Notification of Employee Rights Under the National Labor Relations Act (DEC 2010)
(a) During the term of this contract, the Contractor shall post an employee notice, of such size and in such form, and containing such content as prescribed by the Secretary of Labor, in conspicuous places in and about its plants and offices where employees covered by the National Labor Relations Act engage in activities relating to the performance of the contract, including all places where notices to employees are customarily posted both physically and electronically, in the languages employees speak, in accordance with 29 CFR471.2 (d) and (f).
(1) Physical posting of the employee notice shall be in conspicuous places in and about the Contractor's plants and offices so that the notice is prominent and readily seen by employees who are covered by the National Labor Relations Act and engage in activities related to the performance of the contract.
(2) If the Contractor customarily posts notices to employees electronically, then the Contractor shall also post the required notice electronically by displaying prominently, on any website that is maintained by the Contractor and is customarily used for notices to employees about terms and conditions of employment, a link to the Department of Labor's website that contains the full text of the poster. The link to the Department's website, as referenced in (b)(3) of this section, must read, "Important Notice about Employee Rights to Organize and Bargain Collectively with Their Employers."
(b) This required employee notice, printed by the Department of Labor, may be-
(1) Obtained from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N-5609, Washington, DC 20210, (202) 693-0123, or from any field office of the Office of Labor-Management Standards or Office of Federal Contract Compliance Programs;
(2) Provided by the Federal contracting agency if requested;
(3) Downloaded from the Office of Labor-Management Standards Web site at http://www.dol.gov /olms/regs/compliance/EO13496.htm; or
(4) Reproduced and used as exact duplicate copies of the Department of Labor's official poster.
(c) The required text of the employee notice referred to in this clause is located at Appendix A, Subpart A, 29 CFR Part 471.
(d) The Contractor shall comply with all provisions of the employee notice and related rules, regulations, and orders of the Secretary of Labor.
(e) In the event that the Contractor does not comply with the requirements set forth in paragraphs (a) through (d) of this clause, this contract may be terminated or suspended in whole or in part, and the Contractor may be suspended or debarred in accordance with 29 CFR 471.14 and subpart 9.4. Such other sanctions or remedies may be imposed as are provided by 29 CFR part 471, which implements Executive Order 13496 or as otherwise provided by law.
(f) Subcontracts.
(1) The Contractor shall include the substance of this clause, including this paragraph (f), in every subcontract that exceeds $10,000 and will be performed wholly or partially in the United States, unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to section 3 of Executive Order 13496 of January 30, 2009, so that such provisions will be binding upon each subcontractor.
(2) The Contractor shall not procure supplies or services in a way designed to avoid the applicability of Executive Order 13496 or this clause.
(3) The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means of enforcing such provisions, including the imposition of sanctions for noncompliance.
(4) However, if the Contractor becomes involved in litigation with a subcontractor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.
(End of clause)
52.232-1 Payments. 1984-04
As prescribed in 32.111(a)(1), insert the following clause, appropriately modified with respect to payment due date in accordance with agency regulations, in solicitations and contracts when a fixed-price supply contract, a fixed-price service contract, or a contract for nonregulated communication services is contemplated:
Payments (APR 1984) http://www.dol.gov/
The Government shall pay the Contractor, upon the submission of proper invoices or vouchers, the prices stipulated in this contract for supplies delivered and accepted or services rendered and accepted, less any deductions provided in this contract. Unless otherwise specified in this contract, payment shall be made on partial deliveries accepted by the Government if-
(a) The amount due on the deliveries warrants it; or
(b) The Contractor requests it and the amount due on the deliveries is at least $1,000 or 50 percent of the total contract price.
52.232-11 Extras. 1984-04
As prescribed in 32.111(c)(2), insert the following clause, appropriately modified with respect to payment due dates in accordance with agency regulations, in solicitations and contracts when a fixed-price supply contract, fixed-price service contract, or transportation contract is contemplated:
Extras (APR 1984)
Except as otherwise provided in this contract, no payment for extras shall be made unless such extras and the price therefor have been authorized in writing by the Contracting Officer.
52.232-25 Prompt Payment. 2017-01
As prescribed in 32.908(c), insert the following clause:
Prompt Payment (JAN 2017)
Notwithstanding any other payment clause in this contract, the Government will make invoice payments under the terms and conditions specified in this clause. The Government considers payment as being made on the day a check is dated or the date of an electronic funds transfer (EFT). Definitions of pertinent terms are set forth in sections 2.101, 32.001, and 32.902 of the Federal Acquisition Regulation.
All days referred to in this clause are calendar days, unless otherwise specified. (However, see paragraph (a)(4) of this clause concerning payments due on Saturdays, Sundays, and legal holidays.)
(a) Invoice payments- (1) Due date.
(i) Except as indicated in paragraphs (a)(2) and (c) of this clause, the due date for making invoice payments by the designated payment office is the later of the following two events:
(A) The 30 thday after the designated billing office receives a proper invoice from the Contractor (except as provided in paragraph (a)(1)(ii) of this clause).
(B) The 30 thday after Government acceptance of supplies delivered or services performed. For a final invoice, when the payment amount is subject to contract settlement actions, acceptance is deemed to occur on the effective date of the contract settlement.
(ii) If the designated billing office fails to annotate the invoice with the actual date of receipt at the time of receipt, the invoice payment due date is the 30 thday after the date of the Contractor's invoice, provided the designated billing office receives a proper invoice and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements.
(2) Certain food products and other payments.
(i) Due dates on Contractor invoices for meat, meat food products, or fish; perishable agricultural commodities; and dairy products, edible fats or oils, and food products prepared from edible fats or oils are-
(A) For meat or meat food products, as defined in section 2(a)(3) of the Packers and Stockyard Act of1921 (7 U.S.C.182(3)), and as further defined in Pub.L.98-181, including any edible fresh or frozen poultry meat, any perishable poultry meat food product, fresh eggs, and any perishable egg product, as close as possible to, but not later than, the 7 thday after product delivery.
(B) For fresh or frozen fish, as defined in section 204(3) of the Fish and Seafood Promotion Act of1986 (16 U.S.C.4003(3)), as close as possible to, but not later than, the 7 thday after product delivery.
(C) For perishable agricultural commodities, as defined in section 1(4) of the Perishable Agricultural Commodities Act of1930 (7 U.S.C.499a(4)), as close as possible to, but not later than, the 10 thday after product delivery, unless another date is specified in the contract.
(D) For dairy products, as defined in section 111(e) of the Dairy Production Stabilization Act of1983 (7 U.S.C.4502(e)), edible fats or oils, and food products prepared from edible fats or oils, as close as possible to, but not later than, the 10 thday after the date on which a proper invoice has been received.
Liquid milk, cheese, certain processed cheese products, butter, yogurt, ice cream, mayonnaise, salad dressings, and other similar products, fall within this classification. Nothing in the Act limits this classification to refrigerated products. When questions arise regarding the proper classification of a specific product, prevailing industry practices will be followed in specifying a contract payment due date. The burden of proof that a classification of a specific product is, in fact, prevailing industry practice is upon the Contractor making the representation.
(ii) If the contract does not require submission of an invoice for payment (e.g., periodic lease payments), the due date will be as specified in the contract.
(3) Contractor's invoice. The Contractor shall prepare and submit invoices to the designated billing office specified in the contract. A proper invoice must include the items listed in paragraphs (a)(3)(i) through (a)(3)(x) of this clause. If the invoice does not comply with these requirements, the designated billing office will return it within 7 days after receipt (3 days for meat, meat food products, or fish; 5 days for perishable agricultural commodities, dairy products, edible fats or oils, and food products prepared from edible fats or oils), with the reasons why it is not a proper invoice. The Government will take into account untimely notification when computing any interest penalty owed the Contractor.
(i) Name and address of the Contractor.
(ii) Invoice date and invoice number. (The Contractor should date invoices as close as possible to the date of the mailing or transmission.)
(iii) Contract number or other authorization for supplies delivered or services performed (including order number and line item number).
(iv) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.
(v) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.
(vi) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).
(vii) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.
(viii) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
(ix) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision (e.g., 52.232-38, Submission of Electronic Funds Transfer Information with Offer), contract clause (e.g., 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), or applicable agency procedures.
(C)
EFT.
EFT banking information is not required if the Government waived the requirement to pay by
(x) Any other information or documentation required by the contract (e.g., evidence of shipment).
(4) Interest penalty. The designated payment office will pay an interest penalty automatically, without request from the Contractor, if payment is not made by the due date and the conditions listed in paragraphs (a)(4)(i) through (a)(4)(iii) of this clause are met, if applicable. However, when the due date falls on a Saturday, Sunday, or legal holiday, the designated payment office may make payment on the following working day without incurring a late payment interest penalty.
(i) The designated billing office received a proper invoice.
(ii) The Government processed a receiving report or other Government documentation authorizing payment, and there was no disagreement over quantity, quality, or Contractor compliance with any contract term or condition.
(iii) In the case of a final invoice for any balance of funds due the Contractor for supplies delivered or services performed, the amount was not subject to further contract settlement actions between the Government and the Contractor.
(5) Computing penalty amount. The Government will compute the interest penalty in accordance with the Office of Management and Budget prompt payment regulations at 5 CFR Part 1315.
(i) For the sole purpose of computing an interest penalty that might be due the Contractor, Government acceptance is deemed to occur constructively on the 7 thday (unless otherwise specified in this contract) after the Contractor delivers the supplies or performs the services in accordance with the terms and conditions of the contract, unless there is a disagreement over quantity, quality, or Contractor compliance with a contract provision. If actual acceptance occurs within the constructive acceptance period, the Government will base the determination of an interest penalty on the actual date of acceptance. The constructive acceptance requirement does not, however, compel Government officials to accept supplies or services, perform contract administration functions, or make payment prior to fulfilling their responsibilities.
(ii) The prompt payment regulations at 5 CFR1315.10(c) do not require the Government to pay interest penalties if payment delays are due to disagreement between the Government and the Contractor over the payment amount or other issues involving contract compliance, or on amounts temporarily withheld or retained in accordance with the terms of the contract. The Government and the Contractor shall resolve claims involving disputes and any interest that may be payable in accordance with the clause at FAR 52.233-1, Disputes.
(6) Discounts for prompt payment. The designated payment office will pay an interest penalty automatically, without request from the Contractor, if the Government takes a discount for prompt payment improperly. The Government will calculate the interest penalty in accordance with the prompt payment regulations at 5 CFR Part 1315.
(7) Additional interest penalty.
(i) The designated payment office will pay a penalty amount, calculated in accordance with the prompt payment regulations at 5 CFR Part 1315 in addition to the interest penalty amount only if-
(A) The Government owes an interest penalty of $1 or more;
(B) The designated payment office does not pay the interest penalty within 10 days after the date the invoice amount is paid; and
(C) The Contractor makes a written demand to the designated payment office for additional penalty payment, in accordance with paragraph (a)(7)(ii) of this clause, postmarked not later than 40 days after the invoice amount is paid.
(ii)
(A) The Contractor shall support written demands for additional penalty payments with the following data. The Government will not request any additional data. The Contractor shall-
(1) Specifically assert that late payment interest is due under a specific invoice, and request payment of all overdue late payment interest penalty and such additional penalty as may be required;
(2) Attach a copy of the invoice on which the unpaid late payment interest is due; and
(3) State that payment of the principal has been received, including the date of receipt.
(B) If there is no postmark or the postmark is illegible-
(1) The designated payment office that receives the demand will annotate it with the date of receipt, provided the demand is received on or before the 40th day after payment was made; or
(2) If the designated payment office fails to make the required annotation, the Government will determine the demand's validity based on the date the Contractor has placed on the demand, provided such date is no later than the 40th day after payment was made.
(iii) The additional penalty does not apply to payments regulated by other Government regulations (e.
g., payments under utility contracts subject to tariffs and regulation).
(b) Contract financing payment. If this contract provides for contract financing, the Government will make contract financing payments in accordance with the applicable contract financing clause.
(c) Fast payment procedure due dates. If this contract contains the clause at 52.213-1, Fast Payment Procedure, payments will be made within 15 days after the date of receipt of the invoice.
(d) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-
(1) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-
(i) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(ii) Affected contract number and delivery order number if applicable;
(iii) Affected line item or subline item, if applicable; and
(iv) Contractor point of contact.
(2) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
52.232-8 Discounts for Prompt Payment. 2002-02
As prescribed in 32.111(b)(1), insert the following clause:
Discounts for Prompt Payment (FEB 2002)
(a) Discounts for prompt payment will not be considered in the evaluation of offers. However, any offered discount will form a part of the award, and will be taken if payment is made within the discount period indicated in the offer by the offeror. As an alternative to offering a discount for prompt payment in conjunction with the offer, offerors awarded contracts may include discounts for prompt payment on individual invoices.
(b) In connection with any discount offered for prompt payment, time shall be computed from the date of the invoice. If the Contractor has not placed a date on the invoice, the due date shall be calculated from the date the designated billing office receives a proper invoice, provided the agency annotates such invoice with the date of receipt at the time of receipt. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or, for an electronic funds transfer, the specified payment date. When the discount date falls on a Saturday, Sunday, or legal holiday when Federal Government offices are closed and Government business is not expected to be conducted, payment may be made on the following business day.
52.243-6 Change Order Accounting. 2026-02
As prescribed in 43.305(f), the contracting officer may insert a clause, substantially the same as follows:
CHANGE ORDER ACCOUNTING (DEVIATION DATE) The Contracting Officer may require change order accounting whenever the estimated cost of a change or series of related changes exceeds $100,000. The Contractor, for each change or series of related changes, shall maintain separate accounts, by job order or other suitable accounting procedure, of all incurred segregable, direct costs (less allocable credits) of work, both changed and not changed, allocable to the change. The Contractor shall maintain the accounts until the parties agree to an equitable adjustment for the changes ordered by the Contracting Officer or the matter is conclusively disposed of in accordance with the Disputes clause. (End of clause)
52.232-2 Payments under Fixed-Price Research and Development Contracts. 1984-04
As prescribed in 32.111(a)(2), insert the following clause, as appropriately modified with respect to payment due dates in accordance with agency regulations, in solicitations and contracts when a fixed-price research and development contract is contemplated:
Payments under Fixed-Price Research and Development Contracts (APR 1984)
The Government shall pay the Contractor, upon submission of proper invoices or vouchers, the prices stipulated in this contract for work delivered or rendered and accepted, less any deductions provided in this contract. Unless otherwise specified, payment shall be made upon acceptance of any portion of the work delivered or rendered for which a price is separately stated in the contract.
52.232-9 Limitation on Withholding of Payments. 1984-04
As prescribed in 32.111(b)(2), insert a clause substantially as follows, appropriately modified with respect to payment due dates in accordance with agency regulations, in solicitations and contracts when a supply contract, service contract, time-and-materials contract, labor-hour contract, or research and development contract is contemplated that includes two or more terms authorizing the temporary withholding of amounts otherwise payable to the contractor for supplies delivered or services performed:
Limitation on Withholding of Payments (APR 1984)
If more than one clause or Schedule term of this contract authorizes the temporary withholding of amounts otherwise payable to the Contractor for supplies delivered or services performed, the total of the amounts withheld at any one time shall not exceed the greatest amount that may be withheld under any one clause or Schedule term at that time; provided, that this limitation shall not apply to-
(a) Withholdings pursuant to any clause relating to wages or hours of employees;
(b) Withholdings not specifically provided for by this contract;
(c) The recovery of overpayments; and
(d) Any other withholding for which the Contracting Officer determines that this limitation is inappropriate.
252.204-7998 Alternate A, Annual Representations and Certifications. As prescribed in 204.208(b), insert the following provision:
ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEVIATION 2026-
O0043)(FEB 2026)
Include the following paragraphs (e), (f), and (g) in the provision at FAR 52.204-7:
(e)(1) If the provision at FAR 52.204-7, System for Award Management Registration, is included in this solicitation, paragraph (g) of this provision applies.
(2) If the provision at FAR 52.204-7, System for Award Management Registration, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (g) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes: ____
(i) Paragraph (g) applies. ____
(ii) Paragraph (g) does not apply and the Offeror has completed the individual representations and certifications in the solicitation.
(iii) (f)(1) The following representations or certifications in the SAM database are applicable to this solicitation as indicated:
(iv) (i) 252.204-7016, Covered Defense Telecommunications Equipment or Services— Representation. Applies to all solicitations.
(v) (ii) 252.216-7008, Economic Price Adjustment—Wage Rates or Material Prices Controlled by a Foreign Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages or prices of materials.
(vi) (iii) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country.
(vii) (iv) 252.225-7049, Prohibition on Acquisition of Certain Foreign Commercial Satellite Services—Representations. Applies to solicitations for the acquisition of commercial satellite services.
(iv) 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism. Applies to all solicitations expected to result in contracts of $150,000 or more.
(v) 252.229-7012, Tax Exemptions (Italy)—Representation. Applies to solicitations when contract performance will be in Italy.
(vi) (vii) 252.229-7013, Tax Exemptions (Spain)—Representation. Applies to solicitations when contract performance will be in Spain.
(2) The following representations or certifications in SAM are applicable to this solicitation as indicated by the Contracting Officer: [Contracting Officer check as appropriate.] ____
(i) 252.209-7002, Disclosure of Ownership or Control by a Foreign Government. ____
(ii) (ii) 252.225-7000, Buy American—Balance of Payments Program Certificate. ____
(iii) (iii) 252.225-7020, Trade Agreements Certificate. ____Use with Alternate I. ____
(iv) (iv) 252.225-7031, Secondary Arab Boycott of Israel. ____
(v) (v) 252.225-7035, Buy American—Free Trade Agreements—Balance of Payments Program
Certificate. ____Use with Alternate I. ____Use with Alternate II. ____Use with Alternate III.
____Use with Alternate IV. ____Use with Alternate V. ____
(vi) (vi) 252.226-7002, Representation for Demonstration Project for Contractors Employing Persons with Disabilities. ____
(vii) (vii) 252.232-7015, Performance-Based Payments—Representation.
(g) The Offeror has completed the annual representations and certifications electronically via the SAM website at https://www.sam.gov After reviewing the SAM database information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in FAR 52.204-7 and paragraph (f) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer, and are incorporated in this offer by reference (see FAR 4.203-1); except for the changes identified below [Offeror to insert changes, identifying change by provision number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
FAR/DFARS provision No. Title Date Change
Any changes provided by the Offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications located in the SAM database.
(End of provision)
252.211-7003 Item Unique Identification and Valuation. 2023-01
As prescribed in 211.274-5(a), use the following clause:
ITEM UNIQUE IDENTIFICATION AND VALUATION (JAN 2023)
(a) Definitions. As used in this clause-
"Automatic identification device" means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.
"Concatenated unique item identifier" means-
(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or
(2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier;
original part, lot, or batch number; and serial number within the original part, lot, or batch number.
"Data matrix" means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200 (ECC200) specification found within International Standards Organization (ISO) /International Electrotechnical Commission (IEC) 16022.
"Data qualifier" means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows.
"DoD recognized unique identification equivalent" means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html.
"DoD item unique identification" means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number.
" Enterprise " means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items.
" Enterprise identifier" means a code that is uniquely assigned to an enterprise by an issuing agency.
"Government's unit acquisition cost" means-
(1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery;
(2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery; and
(3) For items produced under a time-and-materials contract, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery.
"Issuing agency" means an organization responsible for assigning a globally unique identifier to an enterprise, as indicated in the Register of Issuing Agency Codes for ISO/IEC 15459, located at http://www.aimglobal.org/?Reg_Authority15459.
"Issuing agency code" means a code that designates the registration (or controlling) authority for the enterprise identifier.
http://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html http://www.aimglobal.org/?Reg_Authority15459
"Item" means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts.
" Lot or batch number" means an identifying number assigned by the enterprise to a designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions.
"Machine-readable" means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards.
"Original part number" means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface.
"Parent item" means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification equivalent.
"Serial number within the enterprise identifier" means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again within the enterprise.
"Serial number within the part, lot, or batch number" means a combination of numbers or letters assigned by the enterprise to an item that provides for the differentiation of that item from any other like item within a part, lot, or batch number assignment.
"Serialization within the enterprise identifier" means each item produced is assigned a serial number that is unique among all the tangible items produced by the enterprise and is never used again.
The enterprise is responsible for ensuring unique serialization within the enterprise identifier.
"Serialization within the part, lot, or batch number" means each item of a particular part, lot, or batch number is assigned a unique serial number within that part, lot, or batch number assignment.
The enterprise is responsible for ensuring unique serialization within the part, lot, or batch number within the enterprise identifier.
"Type designation" means a combination of letters and numerals assigned by the Government to a major end item, assembly or subassembly, as appropriate, to provide a convenient means of differentiating between items having the same basic name and to indicate modifications and changes thereto.
"Unique item identifier" means a set of data elements marked on items that is globally unique and unambiguous. The term includes a concatenated unique item identifier or a DoD recognized unique identification equivalent.
"Unique item identifier type" means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html.
http://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html
(b) The Contractor shall deliver all items under a contract line, subline, or exhibit line item.
(c) Unique item identifier.
(1) The Contractor shall provide a unique item identifier for the following:
(i) Delivered items for which the Government's unit acquisition cost is $5,000 or more, except for the following line items:
Contract Line, Subline, or
Exhibit Line Item Number Item Description
(ii) Items for which the Government's unit acquisition cost is less than $5,000 that are identified in the Schedule or the following table:
Contract Line, Subline, or
Exhibit Line Item Number Item Description
(If items are identified in the Schedule, insert "See Schedule in this table.)
(iii) Subassemblies, components, and parts embedded within delivered items, items with warranty requirements, DoD serially managed reparables and DoD serially managed nonreparables as specified in Attachment Number .
(iv) Any item of special tooling or special test equipment as defined in FAR 2.101 that have been designated for preservation and storage for a Major Defense Acquisition Program as specified in Attachment Number .
(v) Any item not included in (i), (ii), (iii), or (iv) for which the contractor creates and marks a unique item identifier for traceability.
(2) The unique item identifier assignment and its component data element combination shall not be duplicated on any other item marked or registered in the DoD Item Unique Identification Registry by the contractor.
(3) The unique item identifier component data elements shall be marked on an item using two dimensional data matrix symbology that complies with ISO/IEC International Standard 16022, Information technology - International symbology specification - Data matrix; ECC200 data matrix specification.
(4) Data syntax and semantics of unique item identifiers. The Contractor shall ensure that-
(i) The data elements (except issuing agency code) of the unique item identifier are encoded within the data matrix symbol that is marked on the item using one of the following three types of data qualifiers, as determined by the Contractor:
(A) Application Identifiers (AIs) (Format Indicator 05 of ISO/IEC International
Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology - EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.
(B) Data Identifiers (DIs) (Format Indicator 06 of ISO/IEC International Standard
15434), in accordance with ISO/IEC International Standard 15418, Information Technology - EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.
(C) Text Element Identifiers (TEIs) (Format Indicator 12 of ISO/IEC International
Standard 15434),…
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