Fixed Price Service FAR - HSAR Clauses.docx

For fixed-price service contracts, specific FAR and Homeland Security Acquisition Regulation (HSAR) clauses are required based on the nature of the services, funding source, and agency-specific requirements. Below is a list of commonly applicable clauses for fixed-price service contracts, including both FAR and HSAR clauses:

FAR Clauses for Fixed-Price Service Contracts

1. FAR 52.202-1 - Definitions

2. FAR 52.203-3 - Gratuities

3. FAR 52.203-5 - Covenant Against Contingent Fees

4. FAR 52.203-6 - Restrictions on Subcontractor Sales to the Government

5. FAR 52.203-7 - Anti-Kickback Procedures

6. FAR 52.204-9 - Personal Identity Verification of Contractor Personnel (if applicable)

7. FAR 52.204-10 - Reporting Executive Compensation and First-Tier Subcontract Awards

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

9. FAR 52.212-4 - Contract Terms and Conditions—Commercial Items (if applicable to commercial services)

10. FAR 52.212-5 - Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (if applicable)

11. FAR 52.219-8 - Utilization of Small Business Concerns

12. FAR 52.222-3 - Convict Labor

13. FAR 52.222-17 - Nondisplacement of Qualified Workers (Service Contracts)

14. FAR 52.222-21 - Prohibition of Segregated Facilities

15. FAR 52.222-26 - Equal Opportunity

16. FAR 52.222-36 - Equal Opportunity for Workers with Disabilities

17. FAR 52.222-41 - Service Contract Labor Standards (formerly Service Contract Act)

18. FAR 52.222-42 - Statement of Equivalent Rates for Federal Hires

19. FAR 52.222-50 - Combating Trafficking in Persons

20. FAR 52.222-55 - Minimum Wages Under Executive Order 13658

21. FAR 52.222-62 - Paid Sick Leave Under Executive Order 13706

22. FAR 52.223-18 - Encouraging Contractor Policies to Ban Text Messaging While Driving

23. FAR 52.225-13 - Restrictions on Certain Foreign Purchases

24. FAR 52.227-1 - Authorization and Consent

25. FAR 52.227-2 - Notice and Assistance Regarding Patent and Copyright Infringement

26. FAR 52.232-1 - Payments

27. FAR 52.232-8 - Discounts for Prompt Payment

28. FAR 52.232-25 - Prompt Payment

29. FAR 52.233-1 - Disputes

30. FAR 52.237-1 - Site Visit (if applicable)

31. FAR 52.237-2 - Protection of Government Buildings, Equipment, and Vegetation

32. FAR 52.243-1 - Changes—Fixed-Price (Alternate I for services)

33. FAR 52.246-4 - Inspection of Services—Fixed-Price

34. FAR 52.249-2 - Termination for Convenience of the Government (Fixed-Price)

35. FAR 52.249-8 - Default (Fixed-Price Supply and Service)

HSAR Clauses for Fixed-Price Service Contracts The Homeland Security Acquisition Regulation (HSAR) supplements the FAR and includes clauses specific to DHS contracts. Below are commonly applicable HSAR clauses for service contracts:

1. HSAR 3052.204-71 - Contractor Employee Access

2. HSAR 3052.209-70 - Prohibition on Contracts with Corporate Expatriates

3. HSAR 3052.212-70 - Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items

4. HSAR 3052.222-70 - Strikes or Picketing Affecting Timely Completion of the Contract Work

5. HSAR 3052.223-70 - Removal or Disposal of Hazardous Substances—Applicable Licenses and Permits

6. HSAR 3052.228-70 - Insurance

7. HSAR 3052.242-72 - Contracting Officer’s Technical Representative

Additional Notes

· Service Contract Labor Standards: FAR 52.222-41 applies to service contracts subject to the Service Contract Labor Standards (formerly the Service Contract Act). Ensure compliance with wage determinations.

· Commercial Services: If the contract involves commercial services, FAR Part 12 clauses (e.g., FAR 52.212-4 and FAR 52.212-5) will apply.

· Inspection Clauses: FAR 52.246-4 ensures proper inspection and acceptance of services.

· Termination Clauses: FAR 52.249-2 and FAR 52.249-8 address termination for convenience or default.