FAR Clause Table 12-3 FINAL.pdf

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NIH-wide Doctoral Partnership Training Program - University of Oxford
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This document is a reference table from the Federal Acquisition Regulation (FAR) Part 12 outlining prescribed solicitation provisions and contract clauses for commercial products and commercial services acquisitions. The table, designated as Table 12-3 (12.205(b)(2)), lists 81 clauses that must be included in solicitations and contracts for commercial items, organized by clause number with corresponding titles and sources.

The clauses encompass five primary regulatory sources: Statute, Executive Order (EO), and Other authorities. Key subject matter areas include contractor responsibility and ethics (restrictions on subcontractor sales, code of business ethics, whistleblower rights), compliance and security requirements (debarment protections, system for award management maintenance, cybersecurity safeguards), labor standards and employment practices (service contract labor standards, fair labor standards, paid sick leave, trafficking in persons prevention, equal opportunity for veterans and workers with disabilities), small business utilization (subcontracting plans, limitations on subcontracting, nonmanufacturer rule), environmental compliance (recovered material content, ozone-depleting substances, sustainable products), payment terms (electronic funds transfer, accelerated payments to small businesses), and domestic sourcing preferences (Buy American provisions, trade agreements, U.S.-flag vessel preferences). Certain clauses are marked with an "X" indicating they require specific attention or have special applicability considerations. The document serves as a mandatory reference for procurement professionals to ensure complete and accurate clause inclusion in commercial item solicitations.

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Table 12-3 — Clauses to Include as Prescribed RFO FAR Part 12 (12.205, Solicitation provisions and contract clauses) · Hover a checkbox for prescription details

1 52.203-6 with Alt I Restrictions on Subcontractor Sales to the Government Statute

2 52.203-13 Contractor Code of Business Ethics and Conduct Statute

3 X 52.203-17 Contractor Employee Whistleblower Rights Statute

4 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

Statute

5 52.204-9 Personal Identity Verification of Contractor Personnel Other

6 X 52.204-13 System for Award Management—Maintenance Statute

7 X 52.204-91 Contractor identification Other

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

Statute

9 X 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

Statute

10 X 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations Statute

11 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns

Statute

12 52.219-6 Notice of Total Small Business Set-Aside Statute

13 52.219-6 with Alt I Notice of Total Small Business Set-Aside, with Alternate I Statute

14 52.219-8 Utilization of Small Business Concerns Statute

15 52.219-9 Small Business Subcontracting Plan Statute

16 52.219-9 with Alt I Small Business Subcontracting Plan, with Alternate I Statute

17 52.219-9 with Alt II Small Business Subcontracting Plan, with Alternate II Statute

18 52.219-9 with Alt III Small Business Subcontracting Plan, with Alternate III Statute

19 52.219-9 with Alt IV Small Business Subcontracting Plan, with Alternate IV Statute

20 52.219-14 Limitations on Subcontracting Statute

21 52.219-16 Liquidated Damages—Subcontracting Plan Statute

22 52.219-33 Nonmanufacturer Rule Statute

23 X 52.222-3 Convict Labor EO

24 52.222-19 Child Labor—Cooperation with Authorities and Remedies EO

25 52.222-35 Equal Opportunity for Veterans Statute

26 X 52.222-35 with Alt I Equal Opportunity for Veterans, with Alternate I Statute

27 52.222-36 Equal Opportunity for Workers with Disabilities Statute

28 X 52.222-36 with Alt I Equal Opportunity for Workers with Disabilities, with Alternate I Statute

# ✓ NUMBER TITLE SOURCE

29 X 52.222-37 Employment Reports on Veterans Statute

30 52.222-40 Notification of Employee Rights Under the National Labor Relations Act

EO

31 52.222-41 Service Contract Labor Standards Statute

32 52.222-42 Statement of Equivalent Rates for Federal Hires Statute

33 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards- Price Adjustment (Multiple Year and Option Contracts)

Statute

34 52.222-44 Fair Labor Standards Act and Service Contract Labor Standards- Price Adjustment

Statute

35 X 52.222-50 Combating Trafficking in Persons Statute

36 X 52.222-50 with Alt I Combating Trafficking in Persons, with its Alternate I Statute

37 52.222-51 Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements

Other

38 52.222-53 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements

Other

39 52.222-54 Employment Eligibility Verification EO

40 52.222-62 Paid Sick Leave Under Executive Order 13706 EO

41 52.222-90 Addressing DEI Discrimination by Federal Contractors E.O.

42 52.223-9 Estimate of Percentage of Recovered Material Content for EPA- Designated Items

Statute

43 52.223-9 with Alt I Estimate of Percentage of Recovered Material Content for EPA- Designated Items, with Alternate I

Statute

44 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons

Statute

45 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

Statute

46 52.223-20 Aerosols Statute

47 52.223-21 Foams Statute

48 52.223-23 Sustainable Products and Services Statute

49 52.224-3 Privacy Training Statute

50 52.224-3 with Alt I Privacy Training, with Alternate I Statute

51 52.225-1 Buy American-Supplies Statute

52 52.225-1 with Alt I Buy American-Supplies, with Alternate I Statute

53 52.225-3 Buy American-Free Trade Agreements-Israeli Trade Act Statute

54 52.225-3 with Alt II Buy American-Free Trade Agreements-Israeli Trade Act, with Alternate II

Statute

55 52.225-3 with Alt III Buy American-Free Trade Agreements-Israeli Trade Act, with Alternate III

Statute

56 52.225-3 with Alt IV Buy American-Free Trade Agreements-Israeli Trade Act, with Alternate IV

Statute

57 52.225-5 Trade Agreements Statute

58 52.225-19 Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission outside the United States

Other

59 52.225-26 Contractors Performing Private Security Functions Outside the United States

Statute

60 52.226-4 Notice of Disaster or Emergency Area Set-Aside Statute

61 52.226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area Statute

62 X 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving

EO

63 52.229-12 Tax on Certain Foreign Procurements Statute

64 52.232-29 Terms for Financing of Commercial Products and Commercial Services

Statute

65 52.232-30 Installment Payments of Commercial Products and Commercial Services

Statute

66 X 52.232-33 Payment by Electronic Funds Transfer—System for Award Management

Statute

67 52.232-34 Payment by Electronic Funds Transfer—Other than System for Award Management

Statute

68 52.232-36 Payment by Third Party Statute

69 52.232-40 Providing Accelerated Payments to Small Business Subcontractors Statute

70 52.232-90 Fast Payment Procedure Statute

71 X 52.233-3 Protest After Award Statute

72 X 52.233-4 Applicable Law for Breach of Contract Claim Statute

73 52.240-91 Security Prohibitions and Exclusions Statute

74 52.240-91 with Alt I Security Prohibitions and Exclusions, with Alternate I Statute

75 52.240-92 Security Requirements Other

76 52.240-92 with Alt II Security Requirements with Alternate II Other

77 52.240-93 Basic Safeguarding of Covered Contractor Information Systems Statute

78 52.244-6 Subcontracts for Commercial Products and Commercial Services Statute

79 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels Statute

80 52.247-64 with Alt I Preference for Privately Owned U.S.-Flag Commercial Vessels, with Alternate I

Statute

81 52.247-64 with Alt II Preference for Privately Owned U.S.-Flag Commercial Vessels, with Alternate II

Statute

RFO FAR Part 12, Table 12-3 (12.205(b)(2)) · Printed reference — verify exact prescription text at 12.301/12.302 before use, as the RFO is under active revision.

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