Fixed Price Supply FAR - HSAR Clauses.docx

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

FAR Clauses for Fixed-Price Supply 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 52.204-10 - Reporting Executive Compensation and First-Tier Subcontract Awards

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

8. FAR 52.211-17 - Delivery of Excess Quantities

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

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

11. FAR 52.214-34 - Submission of Offers in the English Language

12. FAR 52.214-35 - Submission of Offers in U.S. Currency

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

14. FAR 52.222-3 - Convict Labor

15. FAR 52.222-19 - Child Labor—Cooperation with Authorities and Remedies

16. FAR 52.222-21 - Prohibition of Segregated Facilities

17. FAR 52.222-26 - Equal Opportunity

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

19. FAR 52.223-3 - Hazardous Material Identification and Material Safety Data

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

21. FAR 52.225-1 - Buy American—Supplies

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

23. FAR 52.232-1 - Payments

24. FAR 52.232-8 - Discounts for Prompt Payment

25. FAR 52.232-11 - Extras

26. FAR 52.232-25 - Prompt Payment

27. FAR 52.233-1 - Disputes

28. FAR 52.243-1 - Changes—Fixed-Price

29. FAR 52.246-2 - Inspection of Supplies—Fixed-Price

30. FAR 52.246-16 - Responsibility for Supplies

31. FAR 52.249-1 - Termination for Convenience of the Government (Fixed-Price) (Short Form)

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

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

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

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

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

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

5. HSAR 3052.228-70 - Insurance

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

7. HSAR 3052.247-70 - F.O.B. Origin Information

Additional Notes

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

· Buy American Act: FAR 52.225-1 and FAR 52.225-13 are critical for supply contracts, especially when domestic preference is required.

· Inspection Clauses: FAR 52.246-2 ensures proper inspection and acceptance of supplies.

· Termination Clauses: FAR 52.249-1 and FAR 52.249-8 address termination for convenience or default.