Fixed Price Supply FAR - HSAR Clauses.docx

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USCG IPF New Orleans Transformer
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70Z02926QNEWO6056
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This file is a reference document outlining applicable Federal Acquisition Regulation (FAR) and Homeland Security Acquisition Regulation (HSAR) clauses for fixed-price supply contracts. The document provides a comprehensive listing of 32 FAR clauses and 7 HSAR clauses commonly required for fixed-price supply contracts, organized by regulatory source. Key FAR clauses address standard contractual requirements including definitions, gratuities, anti-kickback procedures, subcontractor oversight, small business utilization, labor standards, equal opportunity, hazardous materials, Buy American provisions, payment terms, inspection, and termination provisions. HSAR clauses supplement FAR requirements with Homeland Security-specific provisions covering corporate expatriate prohibitions, DHS commercial item acquisition terms, labor disputes, hazardous substance handling, insurance, contracting officer technical representative authority, and F.O.B. origin requirements.

The document includes guidance noting that commercial item contracts will incorporate FAR Part 12 clauses, Buy American Act provisions are critical for domestic preference requirements, and inspection clauses ensure proper acceptance of supplies. This serves as a template or reference guide rather than addressing specific solicitation requirements or deliverables. The file does not contain response deadlines, award dates, pricing information, or details specific to an individual contract opportunity.

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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.

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