FAR Clause.xlsx
XLSX spreadsheet 42 KB Posted
- Attached to
- BOOSTER SERVOMOTOR
- Solicitation number
- 70Z08522Q40216B00
View the file
Other files
| File | Type | Posted |
|---|---|---|
| FBO PAYMENT TERMS.docx | DOCX document | |
| RFQ 70Z08522Q40216B00.docx | DOCX document | |
| FBO SHIPPING REQUIREMENTS.docx | DOCX document |
On GovTribe
Work with this file
- Download the original file
- Contacts named in this file
- Similar government files
- Ask GovTribe AI about this file
Text version
Sheet1
| FAC 2021-07 - 10SEP2021 | ||||
| 52.212-5 | ||||
| # | CLAUSE | APPLICABILITY | FAR REF | FAR EXCERPT |
| 1 | ___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). | Above SAT | in 3.503-2 | in solicitations and contracts exceeding the simplified acquisition threshold. For the acquisition of commercial items, the contracting officer shall use the clause with its Alternate I. |
| 2 | ___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). | $5.5M & 120 days or more of Performance Period | in 3.1004(a) | in solicitations and contracts if the value of the contract is expected to exceed $5.5 million and the performance period is 120 days or more. |
| 3 | ___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009). | If Recovery Act Funds Used at all. | in 3.907-7 | all solicitations and contracts funded in whole or in part with Recovery Act funds. |
| 4 | ___X (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note). | $30,000 or above | in 4.1403(a) | in all solicitations and contracts of $30,000 or more. |
| 5 | ___ (5) [Reserved] | |||
| 6 | ___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). | ABOVE SAT All fixed-price service contracts awarded and orders issued: (A) FY14 $2.5M plus (B) FY15 $1M plus or (C) FY16 and after $500,000 plus. | in 4.1705(a) | in solicitations and contracts for services (including construction) that meet or exceed the thresholds at 4.1703, except for indefinite-delivery contracts. This clause is not required for actions entirely funded by DoD, contracts awarded with a generic entity identifier, or in classified solicitations, contracts, or orders. |
| 7 | ___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). | ABOVE SAT All cost-reimbursement, time-and-materials, and labor-hour service contracts and orders with an estimated total value above the simplified acquisition threshold. | 4.1705(b) | in solicitations and indefinite-delivery contracts for services (including construction) where one or more orders issued thereunder are expected to each meet or exceed the thresholds at 4.1703. This clause is not required for actions entirely funded by DoD, contracts awarded with a generic entity identifier, or in classified solicitations, contracts, or orders. |
| 8 | X___ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Jun 2020) (31 U.S.C. 6101 note). | Applies to contracts over $35,000. (Not applicable to subcontracts for the acquisition of commercially available off-the-shelf items). | 9.409, insert | in solicitations and contracts where the contract value exceeds $35,000 |
| 9 | ___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313). | Exceeds $550,000 AND has current & active federal contracts & grants greater than $10M | at 9.104-7(c), | Updates of Publicly Available Information Regarding Responsibility Matters - (1) In solicitations where the resultant contract value is expected to exceed $550,000; and (2) In contracts in which the offeror checked “has” (current active Federal contracts and grants with total value greater than $10,000,000.) in paragraph (b) of the provision 52.209-7 |
| 10 | ___ (10) [Reserved] | |||
| 11 | ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). | If Set-aside for HUBZones under FAR 19.305 or 19.306 includes multiple-award contracts | 19.1309(a), | in solicitations and contracts for acquisitions that are set aside, or reserved for, or awarded on a sole source basis to, HUBZone small business concerns under 19.1305 or 19.1306 |
| ___ (ii) Alternate I (Nov 2011) of 52.219-3. | in 19.1309(a)(1), | Construction | ||
| 12 | ___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). | In full and open competition. | in 19.1309(b) | HUBZone Small Business Concerns, in solicitations and contracts for acquisitions conducted using full and open competition. |
| ___ (ii) Alternate I (Jan 2011) of 52.219-4. | Construction | 19.1309(b)(1) | The contracting officer shall use the clause with its Alternate I to waive the 50 percent requirement if the conditions at 19.1308(b) apply [**9.1308(b) refers to Construction] | |
| 13 | ___ (13) [Reserved] | |||
| 14 | ___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2020) (15 U.S.C. 644). | Total Small Business Set-Aside - Not applicable to construction OR SERVICE contracts. | 19.508(c), | (1) totally set aside or reserved for small business concerns; and(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).* (c) General. (1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected. (2) Any award resulting from this solicitation will be made to a small business concern. (d) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. |
| ___ (ii) Alternate I (Mar 2020). | Use Alternate I when including FPI in the competition IAW 19.50 | 19.507(c), | Use the clause at 52.219-7 with its Alternate I when including FPI in the competition in accordance with 19.504. | |
| 15 | ___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). | Partial Small Business Set-Aside | in 19.508(d) | In solicitations and contracts involving partial small business set-asides, includes part or parts of multiple-award contracts, including those described in 38.101 |
| ___ (ii) Alternate I (Oct 1995) of 52.219-7. | Use Alternate I with for a product in a class for which the SBA has waived the non manufacturer rule | 19.502-2 (c), | when the acquisition is for a product in a class for which the Small Business Administration has waived the nonmanufacturer rule (see 19.102(f)(4) and (5)). | |
| ___ (iii) Alternate II (Mar 2004) of 52.219-7. | Use Alternate II when including FPI in the competition IAW 19.504 | in 19.508(d) | when including FPI in the competition in accordance with 19.504. | |
| 16 | ___ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)). | Above SAT unless personal svcs contract or performed entirely outside of the US & Outlying areas | 19.708(a) | contract amount is expected to exceed the simplified acquisition threshold unless (1) a personal services contract or (2) performed entirely outside of the U.S. and its outlying areas. |
| 17 | ___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637 (d)(4)). | Does not apply to small business concerns. Subcontracting possibilities to exceed $700,000 and 52.219-8 used UNLESS 8(a) | 19.708(b) | in solicitations and contracts that offer subcontracting possibilities, are expected to exceed $700,000 |
| ___ (ii) Alternate I (Nov 2016) of 52.219-9. | Not applicable to 8(a) set-asides Alt I (sealed bids) | in 19.708(b)(1)(i) | Contracting by sealed bidding rather than by negotiation, the contracting officer shall use the clause with its Alternate I. | |
| ___ (iii) Alternate II (Nov 2016) of 52.219-9. | Subcontracting possibilities over $700,000 and 52.219-8 used | in 19.708(b)(1)(ii) | Contracting by negotiation, and subcontracting plans are required with initial proposals as provided for in 19.705-2(d), the contracting officer shall use the clause with its Alternate II. Subcontracting possibilities to exceed $700,000 and 52.219-8 used | |
| ___ (iv) Alternate III (Nov 2017) of 52.219-9. | Subcontracting possibilities over $700,000 and 52.219-8 used AND if action will NOT be reported in FPD | in 19.708(b)(1)(iii) | The contract action will not be reported in the Federal Procurement Data System pursuant to 4.606(c)(5) or (c)(6), the contracting officer shall use the clause with its Alternate III. | |
| ___ (v) Alternate IV (Aug 2018) of 52.219-9. | If incorporating a subcontracting plan due to a modification | 19.708(b)(1)(iv), | Incorporating a subcontracting plan due to a modification as provided for in 19.702(a)(3), the contracting officer shall use the clause with its Alternate IV. | |
| 18 | ___ (18) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)). | Set-aside for any small businesses | 19.508(f), | in solicitations and contracts to notify offerors if an order or orders are to be set aside for any of the small business concerns identified in 19.000(a)(3). |
| 19 | ___ (19) 52.219-14, Limitations on Subcontracting (Sep 2021) (15 U.S.C. 637(a)(14)). | Above $150,00 & Small Business Set-Aside | in 19.508(e) or or 19.811-3(e) | if any portion of the requirement is to be set aside or reserved for small business and the contract amount is expected to exceed $150,000. This includes multiple-award contracts when orders may be set aside for small business concerns, as described in 8.405-5 and 16.505(b)(2)(i)(F). This includes multiple-award contracts when orders may be set aside for 8(a) participants as described in 8.405-5 and 16.505(b)(2)(i)(F). |
| 20 | ___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). | If FAR 52.219-9 used (Over $700,000) | in 19.708(b)(2) | 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, II, III or IV. |
| 21 | ___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f). | Service-disabled veteran-owned small business set-aside/sole-source. See FAR 19.1405 & 19.1406 | in 19.1407 | in solicitations and contracts for acquisitions that are set aside or reserved for, or awarded on a sole source basis to, service-disabled veteran-owned small business concerns under 19.1405 and 19.1406. This includes multiple-award contracts when orders may be set aside for service-disabled veteran-owned small business concerns as described in 8.405-5 and 16.505(b)(2)(i)(F). |
| 22 | ___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021) (15 U.S.C. 632(a)(2)). | Above Micro Purchase Threshold | 19.309(c), | in solicitations and contracts exceeding the micro-purchase threshold when the contract will be performed in the United States or its outlying areas. |
| 23 | ___ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Dec 2015) (15 U.S.C. 637(m)). | Set-aside for EDWOSB or WOSB | in 19.1507 | solicitations and contracts for acquisitions that are set aside or reserved for economically disadvantaged women-owned small business (EDWOSB) concerns under 19.1505(b). This includes multiple-award contracts when orders may be set aside for EDWOSB concerns as described in 8.405-5 and 16.505(b)(2)(i)(F). |
| 24 | ___ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Dec 2015) (15 U.S.C. 637(m)). | WOSB Set Asides | in 19.1507 | in solicitations and contracts for acquisitions that are set aside or reserved for women-owned small business (WOSB) concerns under 19.1505(c). This includes multiple-award contracts when orders may be set aside for WOSB concerns eligible under the WOSB program as described in 8.405-5 and 16.505(b)(2)(i)(F). |
| 25 | ___ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). | Above Micro Purchase Threshold | in 22.202 | in solicitations and contracts above the micro-purchase threshold, when performed in the US; UNLESS subject to 41 USC Chapter 65, purchased from FPI or supplies purchased from any state prison |
| 26 | ___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2020) (E.O. 13126). | Above Micro Purchase Threshold | in 22.1505(b) | in all solicitations and contracts for the acquisition of supplies that are expected to exceed the micro-purchase thresholds. |
| 27 | ___ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). | IN ALL | in 22.810(a)(1) | if includes the clause at 52.222-26, Equal Opportunity |
| 28 | ___ (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246). | IN ALL | in 22.810(e) | in solicitations and contracts (see 22.802) unless the contract is exempt from ALL of the requirements of E.O.11246 (see 22.807(a)). If the contract is exempt from one or more, but not all, of the requirements of E.O.11246, the contracting officer shall use the clause with its Alternate I. |
| ___ii Alt I (Feb 1999) of 52.222-26. | If the contract is exempt from one or more, but not all, of the requirements of E.O.11246, the contracting officer shall use the clause with its Alternate I. | in 22.810(e) | See 22.807(a) to determine if the contract is exempt. Exemptions - National Security; Contracts that Seputy Assistant Secretary deems; under $10,000; Work outside the US; Contracts with state or local governments; work on or near Indian reservation; Facilities not connected with contracts; Indefinite-quantity contracts; contracts with religious entities; | |
| 29 | ___ (29) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212). | Above $150,000 N/A to work outside of the US | in 22.1310(a)(1) |
(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 22.1305(a), or the head of the agency has waived, in accordance with 22.1305(b), all of the terms of the clause.
| ___ii Alt I (July 2014) of 52.222-35. | in 22.1310(a)(2) | 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. | ||
| 30 | __X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793). | Above $15,000 N/A to work outside of United States | in 22.1408(a), | in solicitations and contracts that exceed or are expected to exceed $15,000, except when— (1) 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 (2) The Director of OFCCP or agency head has waived, in accordance with 22.1403(a) or 22.1403(b) all the terms of the clause. |
___ii Alt I (July 2014) of 52-222-36 in 22.1408(b) (b) If the Director of OFCCP or agency head waives one or more (but not all) of the terms of the clause in accordance with 22.1403(a) or 22.1403(b), use the basic clause with its Alternate I.
| 31 | ___ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). | If 52.222-35 used | in 22.1310(b) | in solicitations and contracts containing the clause at 52.222-35, Equal Opportunity for Veterans. |
| 32 | ___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496 | Above Simplified Acquisition Threshold & Performance in United States | in 22.1605 | all solicitations and contracts, including acquisition for commercial items 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 (3) Covered (in their entirety) by an exemption granted by the Secretary |
| 33 | ___ (33) (i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O. 13627). | IN ALL | in 22.1705(a)(1) | in all solicitations and contracts. |
| ___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627). | When contract performed outside the US | in 22.1705(a)(2) | when the contract will be performed outside the United States (as defined at 22.1702) 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. | |
| 34 | ___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) | Above SAT EXCEPT Commercial Off the Shelf (COTS) … | in 22.1803 | in all solicitations and contracts that exceed the simplified acquisition threshold, except (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, and 22.1803 (c)(1) -(4)(i)-(iii). |
| 35 | ___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) | Above $150,000- BUT N/A to Commercial Off the Shelf (COTS) - that are for, or specify the use of, EPA-designated items containing recovered materials | in 23.406(d) | Except for the acquisition of commercially available off-the-shelf items, insert the clause for EPA-Designated Items, in solicitations and contracts exceeding $150,000 that are for, or specify the use of, EPA-designated products containing recovered materials. If technical personnel advise that estimates can be verified, use the clause with its Alternate I. |
| ___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) | If technical personnel advise that estimates can be verified, use the clause with its Alternate I. | in 23.406(d) | Except for the acquisition of commercially available off-the-shelf items, insert the clause at 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-designated Items, in solicitations and contracts exceeding $150,000 that are for, or specify the use of, EPA-designated items containing recovered materials. If technical personnel advise that estimates can be verified, use the clause with its Alternate I. | |
| 36 | ___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693). | When ordering any of the supplies or SERVICES to the right. | in 23.804(a)(1) | (a) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons, in solicitations and contracts for-- |
i) Refrigeration equipment (in product or service code (PSC) 4110); (ii) Air conditioning equipment (PSC 4120); (iii) Clean agent fire suppression systems/equipment (e.g., installed room flooding systems, portable fire extinguishers, aircraft/tactical vehicle fire/explosion suppression systems) (in PSC 4210); (iv) Bulk refrigerants and fire suppressants (in PSC 6830); (v) Solvents, dusters, freezing compounds, mold release agents, and any other miscellaneous chemical specialty that may contain ozone-depleting substances or high global warming potential hydrofluorocarbons (in PSC 6850); (vi) Corrosion prevention compounds, foam sealants, aerosol mold release agents, and any other preservative or sealing compound that may contain ozone-depleting substances or high global warming potential hydrofluorocarbons (in PSC 8030); (vii) Fluorocarbon lubricants (primarily aerosols) (in PSC 9150); and (viii) Any other manufactured end products that may contain or be manufactured with ozone-depleting substances.
37 ___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693). Maintenance, Service, Repair or Disposal of Refrigeration Equip and/or Air Conditioners in 23.804(a)(2) Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners, in solicitations and contracts that include the maintenance, service, repair, or disposal of— (i) Refrigeration equipment, such as refrigerators, chillers, or freezers; or (ii) Air conditioners, including air conditioning systems in motor vehicles.
| 38 | ___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514) | In all when imaging equipment will be delivered, acquired/furnished by contractor for use | in 23.705(b)(1) | Acquisition of EPEAT®-Registered Imaging Equipment, in all solicitations and contracts when imaging equipment (copiers, digital duplicators, facsimile machines, mailing machines, multifunction devices, printers, and scanners) will be- (i) Delivered; (ii) Acquired by the contractor for use in performing services at a Federally controlled facility; or (iii) Furnished by the contractor for use by the Government. http://www.energystar.gov/products/certified-products |
| ___ (ii) Alternate I (Oct 2015) of 52.223-13. | (i) Delivered, (ii) Acquired by the contractor for use in performing services at a Federally controlled facility or (iii) Furnished by the contractor for use by the Government | in 23.705(b)(1) | Acquisition of EPEAT®-Registered Imaging Equipment, in all solicitations and contracts when imaging equipment (copiers, digital duplicators, facsimile machines, mailing machines, multifunction devices, printers, and scanners) will be- (i) Delivered; (ii) Acquired by the contractor for use in performing services at a Federally controlled facility; or (iii) Furnished by the contractor for use by the Government. | |
| 39 | ___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514). | (i) Delivered, (ii) Acquired by the contractor for use in performing services at a Federally controlled facility or (iii) Furnished by the contractor for use by the Government | in 23.705(d)(1) | in all solicitations and contracts when personal computer products will be- (i) Delivered; (ii) Acquired by the contractor for use in performing services at a Federally controlled facility; or (iii) Furnished by the contractor for use by the Government. |
| ___ (ii) Alternate I (Jun 2014) of 52.223-14. | sufficient EPEAT® silver- or gold-registered products available to meet agency needs | in 23.705(d)(2) | Agencies may use the clause with its Alternate I when there are sufficient EPEAT® silver- or gold-registered products available to meet agency needs. | |
| 40 | ___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). | (a) Delivered, (b) Acquired by the contractor for use in performing services at a Federally controlled facility (c) Furnished by the contractor for use by the Government or (d) Specified in the design of a building or work | in 23.206 | in solicitations and contracts when energy-consuming products listed in the ENERGY STAR® Program or FEMP will be (a) Delivered; (b) Acquired by the contractor for use in performing services at a Federally-controlled facility; (c) Furnished by the contractor for use by the Government; or (d) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance. |
http://www.energystar.gov/products/certified-products
| 41 | ___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514). | in all solicitations and contracts when imaging equipment will be (i) Delivered; (ii) Acquired by the contractor for use in performing services at a Federally controlled facility; or (iii) Furnished by the contractor for use by the Government. | ||
| in 23.705(b)(1) | Unless an exception applies in accordance with 23.704(a), insert the clause at 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment, in all solicitations and contracts when imaging equipment (copiers, digital duplicators, facsimile machines, mailing machines, multifunction devices, printers, and scanners) will be- (i) Delivered; (ii) Acquired by the contractor for use in performing services at a Federally controlled facility; or (iii) Furnished by the contractor for use by the Government. | |||
| ___ (ii) Alternate I (Jun 2014) of 52.223-16. | When sufficient EPEAT® silver- or gold-registered products available to meet agency needs | in 23.705(b)(2), | (2) Agencies may use the clause with its Alternate I when there are sufficient EPEAT® silver- or gold-registered products available to meet agency needs. | |
| 42 | ___ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Jun 2020) (E.O. 13513). | IN All | 23.1105 | in all solicitations and contracts. |
| 43 | ___ (43) 25.223-20, Aerosols (Jun 2016) (E.O. 13693). | Aerosols as a propellant, or as a solvent; or (2) That involve maintenance or repair of electronic or mechanical devices. | in 23.804(a)(3) | 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 the following clauses: 3) 52.223-20, Aerosols, 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. |
44 ___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696). Foam hydrofluorocarbons or refrigerant blends blowing agent, such as building foam insulation or appliance foam insulation; in 23.804(a)(4) Foams, 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.
| 45 | __ (45)(i)52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552a). | When hiring contractor employees | in 24.302(a) | 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. |
| __ (ii) Alternate I (JAN 2017) of 52.224-3 | If agency states only "agency-provided" training is acceptable. | in 24.302(a) | (b) When an agency specifies that only its agency-provided training is acceptable, use the clause with its Alternate I. | |
| 46 | ___ (47) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). | From $3,500 to $25,000 & over $25,000 if The Free Trade Agreement doesn't apply | 25.1101(a)(1) | in solicitations and contracts with a value exceeding the micro-purchase threshold but not exceeding $25,000; and in solicitations and contracts with a value exceeding $25,000, if none of the clauses prescribed in paragraphs (b) and (c) of this section apply, except (i) The solicitation is restricted to domestic end products in accordance with Subpart 6.3 (ii) The acquisition is for supplies for use within the United States and an exception to the Buy American statute applies (e.g., nonavailability, public interest, or information technology that is a commercial item); or (iii) The acquisition is for supplies for use outside the United States |
| 47 | ___ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (Jan 2021) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43). | Supplies/services involving buying supplies, $25,000 - $180,000. See FAR 25.401 for exceptions (which includes: N/A to small business set-asides, end products for resale, acquisitions using FPI or the Blind and those not using full & open competition including sole source. | 25.1101(b)(1)(i) | (i) Insert the clause at 52.225-3 in solicitations and contracts if— (A) The acquisition is for supplies, or for services involving the furnishing of supplies, for use within the United States, and the acquisition value is $25,000 or more, but is less than $180,000;(B) The acquisition is not for information technology that is a commercial item, using fiscal year 2004 or subsequent fiscal year funds; and(C) No exception in 25.401 applies. For acquisitions of agencies not subject to the Israeli Trade Act (see 25.406), see agency regulations. |
| ___ (ii) Alternate I (Jan 2021) of 52.225-3. | Alt I - $25,000 - $49,999 | 25.1101(b)(1)(ii) | (ii) If the acquisition value is $25,000 or more but is less than $50,000, use the clause with its Alternate I. | |
| ___ (iii) Alternate II (Jan 2021) of 52.225-3. | Alt II - $50,000 - $80,316 | in 25.1101(b)(1)(iii) | (iii) If the acquisition value is $50,000 or more but is less than $79,507, use the clause with its Alternate II. | |
| ___ (iv) Alternate III (Jan 2021) of 52.225-3. | Alt III - $80,317 - $100,000 | 25.1101(b)(1)(iv) | (iv) If the acquisition value is $79,507 or more but is less than $100,000, use the clause with its Alternate III | |
| 48 | ___ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). | Supplies above $180,000. See FAR 25.401 for exceptions (which includes: N/A small business set-asides) N/A to ship repair | in 25.1101(c)(1) | in solicitations and contracts valued at $180,000 or more, if the acquisition is covered by the WTO GPA (see subpart 25.4) and the agency has determined that the restrictions of the Buy American statute are not applicable to U.S.-made end products. If the agency has not made such a determination, the contracting officer must follow agency procedures. |
| 49 | ___ (49) 52.225-13, Restrictions on Certain Foreign Purchases (Oct 2016) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). | IN ALL unless an exception applies | in 25.1103(a) | in solicitations and contracts, unless an exception applies (if any proclamation, Executive order, or statute administered by OFAC, or if OFAC’s implementing regulations at 31 CFR chapter V, would prohibit such a transaction by a person subject to the jurisdiction of the United States.). |
| 50 | ___ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). | Contracts in areas of (i) Combat Operations (ii) Other significant military operations. | in 25.302-6 | 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. |
| 51 | ___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). | in solicitations and contracts involving local area set-asides. | in 26.206(b) | in solicitations and contracts involving local area set-asides |
| 52 | ___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). | in all solicitations and contracts that involve local area set-asides. | in 26.206(c), | in all solicitations and contracts that involve local area set-asides. |
| 53 | ___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)). | If financing terms included in solicitation – See FAR Subpart 32.2 | 32.206(b)(2) | (2) Unless agency regulations authorize alterations, the unaltered text of the clause at 52.232-29, Terms for Financing of Purchases of Commercial Items |
| 54 | ___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). | If installment payments are either customary or are authorized under agency procedures. See FAR Subpart 32.2 | 32.206(g) | (g) Installment payment financing for commercial items. Contracting officers may insert the clause at 52.232-30, Installment Payments for Commercial Items, in solicitations and contracts in lieu of constructing a specific clause in accordance with paragraphs(b) through (e) of this section, if the contract action qualifies under the criteria at 32.202-1(b) and installment payments for the item are either customary or are authorized in accordance with agency procedures. |
| 55 | ___ (55) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Oct 2018) (31 U.S.C. 3332). | IN ALL | in 32.1110(a)(1) | 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. |
| 56 | ___ (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332). | |||
| in solicitations and contracts that require EFT as the method for payment but do not include the provision at 52.204-7 | 32.1110(a)(2) | 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 the SAM database. | ||
| 57 | ___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). | Payment to be made by 3rd party/purchase card | in 32.1110(d) | (d) 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, then the contracting officer shall insert the clause at 52.232-36, Payment by Third Party, in solicitations and contracts. 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, the contracting officer shall also 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. |
| 58 | ___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). | in solicitations and contracts for information technology which require security of information technology | in 39.106 | in solicitations and contracts for information technology which require security of information technology, and/or are for the design, development, or operation of a system of records using commercial information technology services or support services |
| 59 | ___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)). | If clause 52-219.9 is used. (52-219.9 does not pertain to small business concerns) | 42.1504 | Insert the clause at 52.242-5, Payments to Small Business Subcontractors, in all solicitations and contracts containing the clause at 52.219-9, Small Business Subcontracting Plan. |
| 60 | ___ (60) (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). | in solicitations and contracts that may involve ocean transportation of supplies subject to the Cargo Preference Act of 1954. | in 47.507(a) | in solicitations and contracts that may involve ocean transportation of supplies subject to the Cargo Preference Act of 1954. (For application of the Cargo Preference Act of 1954, see 47.502(a)(3), 47.503(a), and 47.504.) |
| ___ (ii) Alternate I (Apr 2003) of 52.247-64. | *IF* supplies to be furnished under contracts must be transported exclusively in privately owned U.S.-flag commercial vessels | 47.507(a)(2) | (2) If an applicable statute requires, or if it has been determined under agency procedures, that the supplies to be furnished under contracts shall be transported exclusively in privately owned U.S.-flag commercial vessels (see 47.502(a)(1) and 47.503(b)), use the basic clause with its Alternate I | |
| ___(iii) Alternate II (Feb 2006) of 52.247-64 | *IF* supplies to be transported commercial items that are shipped in direct support of U.S. military - (i) Contingency operations; (ii) exercises; or (iii) forces deployed in connection with UN or NATO humanitarian or peacekeeping operations. | 47.507(a)(3) | Except for contracts or agreements for ocean transportation services or construction contracts, use the clause with its AlternateII if any of the supplies to be transported are commercial items that are shipped in direct support of U.S. military-(i) Contingency operations; (ii) Exercises; or (iii) Forces deployed in connection with United Nations or North Atlantic Treaty Organization humanitarian or peacekeeping operations. |
| SERVICES (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items: [check as appropriate.] | ||||
| # | CLAUSE | APPLICABILITY | FAR REF | FAR EXCERPT |
| 1 | ___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) | 8(a) set asides | 22.1207 | in solicitations and contracts for (1) service contracts, as defined at 22.001 , (2) that succeed contracts for performance of the same or similar work at the same location and (3) that are not exempted by 22.1203-2 or waived in accordance with 22.1203-3. |
| 2 | ___ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.). | Services +$2,500 | 22.1006(a) | in solicitations and contracts (except as provided in paragraph (a)(2) of this section) 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. |
| 3 | ___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). | Services +$2,500 and the Service Contract Labor Standards statute is application (See 22.1016) | in 22.1006(b) | in solicitations and contracts if the contract amount is expected to be over $2,500 and the Service Contract Labor Standards statute is applicable. (See 22.1016.) |
| 4 | ___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C.206 and 41 U.S.C. chapter 67). | Over SAT | in 22.1006(c)(1) | 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. |
| 5 | ___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). | 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. | 22.1006(c)(2) | 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 22.1002-2 and 22.1002-3). |
| 6 | ___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67). | include the provision at 52.222-48, that the Service Contract Labor Standards statute does not apply IAW See FAR 22.1003-4(c)(3) | 22.1006(e)(2) | The contracting officer shall insert the clause at 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements- (i) In solicitations that include the provision at 52.222-48, or the comparable provision is checked as applicable in the clause at 52.204-8(c)(2)(iii) or 52.212-3(k)(1); and (ii) In resulting contracts in which the contracting officer has determined, in accordance with 22.1003-4(c)(3), that the Service Contract Labor Standards statute does not apply. |
| 7 | ___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67). | In solicitations that include the provision at 52.222-52. IF the Service Contract Labor Standards statute does not apply IAW See FAR 22.1003-4(d)(3) | 22.1006(e)(4) | The contracting officer shall insert the clause at 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements- (i) In solicitations that include the provision at 52.222-52, or the comparable provision is checked as applicable in 52.204-8(c)(2) or 52.212-3(k)(2); and (ii) In resulting contracts in which the contracting officer has determined, in accordance with 22.1003-4(d)(3), that the Service Contract Labor Standards statute does not apply. |
| 8 | ___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020) (E.O. 13658). | In all Service Contracts performed in the US or DC. If 52.222-6 (Construction) or 52.222-41 (Service Contract Labor Standards) is used. | in 22.1906 | 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). |
| 9 | __ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). | In all Service Contracts performed in the US or DC. If 52.222-6 (Construction) or 52.222-41 (Service Contract Labor Standards) is used. | at 22.2110 | Insert the clause at 52.222-62, Paid Sick Leave Under Executive Order 13706, 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). |
| 10 | ___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). | Over $25,000 for the Sale/Service of Food in the US | in 26.404 | in solicitations and contracts greater than $25,000 for the provision, service, or sale of food in the United States. |
&P of &N…
This is the start of the file's text. The full file is on GovTribe.
File details come from the government source that posted it. Updated .