MACB Provision and Clause Matrix1.pdf

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48 CFR:

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Regulation

52.202-1 Definitions JUN 2020 2.201 Insert the clause at 52.202-1, Definitions, in solicitations and contracts that exceed the simplified acquisition threshold.

C Yes I A A A A A A A A FAR

52.203-2 APR 1985 3.103-1 The contracting officer shall insert the provision at 52.203- 2, Certificate of Independent Price Determination, in solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(a) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(b) [Reserved]

(c) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(d) The solicitation is for utility services for which rates are set by law or regulation.

Note: If the solicitation is a Request for Quotations, the terms “Quotation” and “Quoter” may be substituted for “Offer” and “Offeror.”

P† Yes* K A A A A A A A FAR

52.203-3 Gratuities APR 1984 3.202 (See note below for DoD) The contracting officer shall insert the clause at 52.203-3, Gratuities, in solicitations and contracts with a value exceeding the simplified acquisition threshold, except those for personal services and those between military departments or defense agencies and foreign governments that do not obligate any funds appropriated to the Department of Defense.

C Yes I A A A A A A A A FAR

52.203-5 Covenant Against Contingent Fees

MAY 2014 3.404 The contracting officer shall insert the clause at 52.203- 5, Covenant Against Contingent Fees, in all solicitations and contracts exceeding the simplified acquisition threshold, other than those for commercial items (see Parts 2 and 12).

C Yes I A A A A A A A A FAR

52.203-6 Restrictions on Subcontractor Sales to the Government

JUN 2020 3.503-2 The contracting officer shall insert the clause at 52.203- 6, Restrictions on Subcontractor Sales to the Government, in solicitations and contracts exceeding the simplified acquisition threshold.

C Yes I A A A A A A A A A FAR

52.203-7 Anti-Kickback Procedures

MAY 2014 3.502-3 The contracting officer shall insert the clause at 52.203- 7, Anti-Kickback Procedures, in solicitations and contracts exceeding the simplified acquisition threshold, other than those for commercial items (see Part 12).

C Yes I A A A A A A A A A FAR

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity

MAY 2014 3.104-9(b) Insert the clause at 52.203-10, Price or Fee Adjustment for Illegal or Improper Activity, in solicitations and contracts for other than commercial items that exceed the simplified acquisition threshold.

C Yes I A A A A A A A A FAR

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions

SEP 2007 3.808(a) Insert the provision at 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions, in solicitations expected to exceed $150,000.

P† Yes K A A A A A A A A A A FAR

52.203-12 Limitation on Payments to Influence Certain Federal Transactions

JUN 2020 3.808(b) Insert the clause at 52.203-12, Limitation on Payments to Influence Certain Federal Transactions, in solicitations and contracts expected to exceed $150,000.

C Yes I A A A A A A A A A A A FAR

52.203-13 Contractor Code of Business Ethics and Conduct

JUN 2020 3.1004(a) Insert the clause at FAR 52.203-13, Contractor Code of Business Ethics and Conduct, 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.

C Yes I A A A A A A A A A A A FAR

CONTRACTING METHOD

OTHER

FLOWDOWNProvision and Clause Matrix CONTRACT TYPE

CONTRACT PURPOSE

NON COMMERCIAL

52.203-14 Display of Hotline Poster(s)

JUN 2020 3.1004(b) (Per DFARS 203.1004(b)(2)(ii), this clause is not for DoD use--see cell below). (1) Unless the contract is for the acquisition of a commercial item or will be performed entirely outside the United States, insert the clause at FAR 52.203-14, Display of Hotline Poster(s), if—

(i) The contract exceeds $5.5 million or a lesser amount established by the agency; and

(ii)(A) The agency has a fraud hotline poster; or

(B) The contract is funded with disaster assistance funds.

(2) In paragraph (b)(3) of the clause, the contracting officer shall—

(i) Identify the applicable posters; and

(ii) Insert the website link(s) or other contact information for obtaining the agency and/or Department of Homeland Security poster.

(3) In paragraph (d) of the clause, if the agency has established policies and procedures for display of the OIG fraud hotline poster at a lesser amount, the contracting officer shall replace “$5.5 million” with the lesser amount that the agency has established.

C Yes I A A A A A A A A A FAR

52.203-14 Display of Hotline Poster(s)

OCT 2015 203.1004(b)(2)(ii) Unless the contract is for the acquisition of a commercial item, use the clause at 252.203-7004, Display of Hotline Posters, in lieu of the clause at FAR 52.203-14, Display of Hotline Poster(s), in solicitations and contracts, if the contract value exceeds $5.5 million. If the Department of Homeland Security (DHS) provides disaster relief funds for the contract, DHS will provide information on how to obtain and display the DHS fraud hotline poster (see

FAR 3.1003).

C Yes I A A A A A A A A A FAR

52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009

JUN 2010 3.907-7 Use the clause at 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 in all solicitations and contracts funded in whole or in part with Recovery Act funds.

C Yes I A A A A A A A A A A A A FAR

52.203-16 Preventing Personal Conflicts of Interest

JUN 2020 3.1106 (See cell below for DoD-specific instructions). (a) Insert the clause at 52.203-16, Preventing Personal Conflicts of Interest, in solicitations and contracts that—

(1) Exceed the simplified acquisition threshold; and

(2) Include a requirement for services by contractor employee(s) that involve performance of acquisition functions closely associated with inherently governmental functions for, or on behalf of, a Federal agency or department.

(b) If only a portion of a contract is for the performance of acquisition functions closely associated with inherently governmental functions, then the contracting officer shall still insert the clause, but shall limit applicability of the clause to that portion of the contract that is for the performance of such services.

(c) Do not insert the clause in solicitations or contracts with a self-employed individual if the acquisition functions closely associated with inherently governmental functions are to be performed entirely by the self-employed individual, rather than an employee of the contractor.

C Yes I A A A A A A A A A FAR

52.203-17 Preventing Personal Conflicts of Interest

DEC 2011 CD 2018-O0018 Insert the clause at 52.203-16, Preventing Personal Conflicts of Interest (DEVIATION 2018-O0018), in lieu of the clause at FAR 52.203-16, when the conditions at FAR 3.1106 are met.

C Yes I A A A A A A A A A FAR

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

JUN 2020 3.908-9 (Per DFARS 203.900, this clause is not for DoD use.

See cell below.) The contracting officer shall insert the clause at 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights, in all solicitations and contracts that exceed the simplified acquisition threshold.

C Yes I A A A A A A A A A FAR

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

APR 2014 203.900 This subpart [203.9] applies to DoD instead of FAR subpart 3.9.

C Yes I A A A A A A A A A FAR

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Represe ntation

JAN 2017 3.909-3(a) When using funding subject to the prohibitions in 3.909- 1(a), the contracting officer shall–

(a)(1) Include the provision at 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements- Representation, in all solicitations, except as provided in paragraph (a)(2) of this section; and

(2) Do not insert the provision in solicitations for a personal services contract with an individual if the services are to be performed entirely by the individual, rather than by an employee of the contractor or a subcontractor.

P† Yes K A A A A A A A A A A FAR

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

JAN 2017 3.909-3(b) When using funding subject to the prohibitions in 3.909- 1(a), the contracting officer shall–

(b)(1) Include the clause at 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements, in all solicitations and resultant contracts, other than personal services contracts with individuals.

(2) Modify existing contracts, other than personal services contracts with individuals, to include the clause before obligating FY 2015 or subsequent FY funds that are subject to the same prohibition on internal confidentiality agreements or statements.

C Yes I A A A A A A A A A A R R FAR

52.204-1 Approval of Contract DEC 1989 4.103 The contracting officer shall insert the clause at 52.204- 1, Approval of Contract, in solicitations and contracts if required by agency procedures.

C Yes* I A A A A A A A A A A FAR

52.204-2 Security Requirements AUG 1996 4.404(a) The contracting officer shall insert the clause at 52.204- 2, Security Requirements, in solicitations and contracts when the contract may require access to classified information, unless the conditions specified in paragraph

(d) of this section apply.

C Yes I A A A A A A A A A A A FAR

52.204-2 Security Requirements- -Alternate II

APR 1984 4.404(c) If a construction or architect-engineer contract where employee identification is required for security reasons is contemplated, the contracting officer shall use the clause with its Alternate II.

C Yes I A A A A A A A A A A FAR

52.204-3 Taxpayer Identification OCT 1998 4.905 The contracting officer shall insert the provision at 52.204- 3, Taxpayer Identification, in solicitations that—

(a) Do not include the provision at 52.204-7, System for Award Management; and

(b) Are not conducted under the procedures of Part 12.

P† Yes* K A A A A A A A A A A FAR

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011 4.303 Insert the clause at 52.204-4, Printed or Copied Double- Sided on Recycled Paper, in solicitations and contracts that exceed the simplified acquisition threshold.

C Yes I A A A A A A A A FAR

52.204-5 Women-Owned Business (Other Than Small Business)

OCT 2014 4.607(a) Insert the provision at 52.204-5, Women-Owned Business (Other Than Small Business), in all solicitations that—

(1) Are not set aside for small business concerns;

(2) Exceed the simplified acquisition threshold; and

(3) Are for contracts that will be performed in the United States or its outlying areas.

P† Yes K A A A A A A A A FAR

52.204-6 Unique Entity Identifier OCT 2016 4.607(b) Insert the provision at 52.204-6, Unique Entity Identifier, in solicitations that do not contain the provision at 52.204- 7, System for Award Management, or meet a condition at 4.605(c)(2).

P Yes L A A A A A A A A A A FAR

52.204-7 System for Award Management

OCT 2018 4.1105(a)(1) Insert the provision at 52.204–7, System for Award Management, in all solicitations except when the conditions in 4.1102(a) apply.

P Yes L A A A A A A A A A A FAR

52.204-7 System for Award Management-- Alternate I

OCT 2018 4.1105(a)(2) Insert the provision at 52.204–7, System for Award Management, with its Alternate I when the solicitation is anticipated to be awarded in accordance with 4.1102(a)(5).

P Yes L A A A A A A A A A A FAR

52.204-8 Annual Representations and Certifications

MAR 2020 4.1202(a) Insert the provision at 52.204-8, Annual Representations and Certifications, in solicitations, except for commercial item solicitations issued under FAR part 12. The contracting officer shall check the applicable provisions at 52.204-8(c)(2). When the provision at 52.204-7, System for Award Management, is included in the solicitation, do not separately include the following representations and certifications:

(1) 52.203-2, Certificate of Independent Price Determination.

(2) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions.

(3) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation.

(4) 52.204-3, Taxpayer Identification.

(5) 52.204-5, Women-Owned Business (Other Than Small Business).

(6) 52.204-17, Ownership or Control of Offeror.

(7) 52.204-20, Predecessor of Offeror.

(8) 52.204-26, Covered telecommunications Equipment or Services-Representation.

(9) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.

(10) 52.209-5, Certification Regarding Responsibility Matters.

(11) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law.

(12) 52.214-14, Place of Performance—Sealed Bidding.

(13) 52 215-6 Place of Performance

P Yes* K A R A R R R A A A A FAR

52.204-8 Annual Representations and Certifications - Alternate I

MAR 2020 4.1202(a) Use the provision with its Alternate I in solicitations issued after October 1, 2022, that will result in a multiple-award contract with more than one North American Industry Classification System code assigned (see 19.102(b)).

P Yes* K A R A R R R A A A A FAR

52.204-9 Personal Identity Verification of Contractor Personnel

JAN 2011 4.1303 The contracting officer shall insert the clause at 52.204- 9, Personal Identity Verification of Contractor Personnel, in solicitations and contracts when contract performance requires contractors to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. The clause shall not be used when contractors require only intermittent access to Federally-controlled facilities.

C Yes I A A A A A A A A A A A FAR

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

JUN 2020 4.1403(a) Except as provided in paragraph (b) of this section, the contracting officer shall insert the clause at 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards, in all solicitations and contracts of $30,000 or more.

C Yes I A A A A A A A A A A FAR

52.204-12 Unique Entity Identifier Maintenance

OCT 2016 4.607(c) Insert the clause at 52.204-12, Unique Entity Identifier Maintenance, in solicitations and resulting contracts that contain the provision at 52.204-6, Unique Entity Identifier.

C Yes I A A A A A A A A A A FAR

52.204-13 System for Award Management Maintenance

OCT 2018 4.1105(b) Insert the clause at 52.204-13, System for Award Management Maintenance, in solicitations that contain the provision at 52.204-7, and resulting contracts.

C Yes I A A A A A A A A A A FAR

52.204-14 Service Contract Reporting Requirements

OCT 2016 4.1705(a) The contracting officer shall insert the clause at 52.204- 14, Service Contract Reporting Requirements, 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.

C Yes I A A A A A A A A A A FAR

52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts

OCT 2016 4.1705(b) The contracting officer shall insert the clause at 52.204- 15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts, 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.

C Yes I A A A A A A A A A A FAR

52.204-16 Commercial and Government Entity Code Reporting

AUG 2020 4.1804(a) Insert the provision at 52.204-16, Commercial and Government Entity Code Reporting, in all solicitations that include–

(1) 52.204-6, Unique Entity Identifier;

(2) 52.204-7, System for Award Management; or

(3) for commercial solicitations, when there is a requirement to be registered in SAM or a requirement to have a unique entity identifier in the solicitation (i.e., FAR 52.212-1(j) & (k)).

52.204-17 Ownership or Control of Offeror

AUG 2020 4.1804(b) Insert the provision at 52.204-17, Ownership or Control of Offeror, in all solicitations that include the provision at 52.204-16, Commercial and Government Entity Code Reporting.

P† Yes K A A A A A A A A A A FAR

52.204-18 Commercial and Government Entity Code Maintenance

AUG 2020 4.1804(c) Insert the clause at 52.204-18, Commercial and Government Entity Code Maintenance, in all solicitations and contracts when the solicitation contains the provision at 52.204-16, Commercial and Government Entity Code Reporting.

C Yes I A A A A A A A A A A FAR

52.204-19 Incorporation by Reference of Representations and Certifications

DEC 2014 4.1202(b) The contracting officer shall insert the clause at 52.204- 19, Incorporation by Reference of Representations and Certifications, in solicitations and contracts.

C Yes I A R A R R R A A A A FAR

52.204-20 Predecessor of Offeror AUG 2020 4.1804(d) Insert the provision at 52.204-20, Predecessor of Offeror, in all solicitations that include the provision at 52.204-16, Commercial and Government Entity Code Reporting.

P† Yes* K A A A A A A A A A A FAR

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

JUN 2016 4.1903 The contracting officer shall insert the clause at 52.204- 21, Basic Safeguarding of Covered Contractor Information Systems, in solicitations and contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system.

C Yes* I A A A A A A A A A A A A^ FAR

52.204-22 Alternative Line Item Proposal

JAN 2017 4.1008 Insert the provision at 52.204-22, Alternative Line Item Proposal, in all solicitations.

P Yes L A R A R R R A A A A FAR

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities

JUL 2018 4.2004 The contracting officer shall insert the clause at 52.204- 23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities, in all solicitations and contracts.

C Yes I R R R R R R R R R R R R FAR

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

OCT 2020 4.2105(a) The contracting officer shall insert the provision at 52.204- 24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment--

(1) In all solicitations for contracts; and

(2) Under indefinite delivery contracts, in all notices of intent to place an order, or solicitations for an order (e.g., subpart 8.4 and 16.505).

P Yes K R R R R R R R R R R FAR

52.204-25 Prohibition of Contracting for Certain Telecomunications and Video Surveillance Services or Equipment

AUG 2020 4.2105(b) The contracting officer shall insert the clause at 52.204- 25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment, in all solicitations and contracts.

C Yes I R R R R R R R R R R FAR

52.204-26 Covered Telecommunications Equipment or Services-- Representation

OCT 2020 4.2105(c) (c) The contracting officer shall insert the provision at 52.204-26, Covered Telecommunications Equipment or Services-Representation, in all solicitations.

P† Yes* K R R R R R R R R R R FAR

52.207-1 Notice of Standard Competition

MAY 2006 7.305(a) The contracting officer shall, when soliciting offers and tenders, insert in solicitations issued for standard competitions the provision at 52.207-1, Notice of Standard Competition.

P Yes L A A A A A A A FAR

52.207-2 Notice of Streamlined Competition

MAY 2006 7.305(b) The contracting officer shall, when soliciting offers, insert in solicitations issued for streamlined competitions the provision at 52.207-2, Notice of Streamlined Competition.

P Yes L A A A A A A A A A FAR

52.207-3 Right of First Refusal of Employment

MAY 2006 7.305(c) The contracting officer shall insert the clause at 52.207- 3, Right of First Refusal of Employment, in all solicitations which may result in a conversion from in-house performance to contract performance of work currently being performed by the Government and in contracts that result from the solicitations, whether or not a public-private competition is conducted. The 10-day period in the clause may be varied by the contracting officer up to a period of 90 days.

C Yes I A A A A A A A A A FAR

52.207-5 Option to Purchase Equipment

FEB 1995 7.404 The contracting officer shall insert a clause substantially the same as the clause in 52.207-5, Option to Purchase Equipment, in solicitations and contracts involving a lease with option to purchase.

C Yes I A A A A A A A A A A FAR

52.207-6 Solicitation of Offers from Small Business Concerns and Small Business Teaming Arrangements or Joint Ventures (Multiple-Award Contracts)

OCT 2016 7.107-6 The contracting officer shall insert the provision at 52.207- 6, Solicitation of Offers from Small Business Concerns and Small Business Teaming Arrangements or Joint Ventures (Multiple-Award Contracts), in solicitations for multiple-award contracts above the substantial bundling threshold of the agency (see 7.107-4(a)).

P Yes L A A A A A A A A A FAR

52.208-8 Required Sources for Helium and Helium Usage Data

AUG 2018 8.505 Insert the clause at 52.208-8, Required Sources for Helium and Helium Usage Data, in solicitations and contracts if it is anticipated that performance of the contract involves a major helium requirement.

C Yes* I A A A A A A A A A A A FAR

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations—Repres entation

NOV 2015 9.108-5(a) The contracting officer shall—

(a) Include the provision at 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation, in each solicitation for the acquisition of products or services (including construction)

P† Yes K A A A A A A A A A A FAR

52.209-5 Certification Regarding Responsibility Matters

AUG 2020 9.104-7(a) The contracting officer shall insert the provision at 52.209- 5, Certification Regarding Responsibility Matters, in solicitations where the contract value is expected to exceed the simplified acquisition threshold.

P† Yes* K A A A A A A A A FAR

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

JUN 2020 9.409 The contracting officer shall insert the clause at 52.209- 6, Protecting the Government’s Interests when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment, in solicitations and contracts where the contract value exceeds $35,000.

C Yes I A A A A A A A A A A A A^ FAR

52.209-7 Information Regarding Responsibility Matters

OCT 2018 9.104-7(b) The contracting officer shall insert this provision in solicitations where the resultant contract value is expected to exceed $550,000.

P Yes* K A A A A A A A A A FAR

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

OCT 2018 9.104-7(c)(1) The contracting officer shall insert this clause—

(1) In solicitations where the resultant contract value is expected to exceed $550,000; and

(2) In contracts in which the offeror checked “has” in paragraph (b) of the provision at 52.209-7.

C Yes I A A A A A A A A A FAR

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

NOV 2015 9.108-5(b) The contracting officer shall include this clause in each solicitation and contract for the acquisition of products or services (including construction).

C Yes I R R R R R R R R R R FAR

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

FEB 2016 9.104-7(d) The contracting officer shall insert this provision in all solicitations.

P† Yes* K R R R R R R R R R R FAR

52.209-12 Certification Regarding Tax Matters

OCT 2020 9.104-7(e) For agencies receiving funds subject to section 523 of Division B of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and similar provisions in subsequent appropriations acts, the contracting officer shall insert this provision in solicitations for which the resultant contract (including options) may have a value greater than $5,500,000. Division B of the Consolidated and Continuing Further Appropriations Act, 2015 appropriates funds for the following agencies: the Department of Commerce, the Department of Justice, the National Aeronautics and Space Administration, the Office of Science and Technology Policy, the National Science Foundation, the Commission on Civil Rights, the Equal Employment Opportunity Commission, the U.S.

International Trade Commission, the Legal Services Corporation, the Marine Mammal Commission, the Office of the United States Trade Representative, and the State Justice Institute.

P Yes* K A A A A A A A A A FAR

52.209-13 Violation of Arms Control Treaties or Agreements—Certificat ion

JUL 2020 9.109-5 Unless the exception at 9.109-3 applies, the contracting officer shall include the provision at 52.209-13, Violation of Arms Control Treaties or Agreements—Certification, in each solicitation for the acquisition of products or services (including construction) that exceeds the simplified acquisition threshold, other than solicitations for the acquisition of commercial items.

P Yes* K A A A A A A A A FAR

52.210-1 Market Research JUN 2020 10.003 The contracting officer shall insert this clause in solicitations and contracts over $5.5 million for the procurement of items other than commercial items.

C Yes I A A A A A A A A FAR

52.211-1 Availability of Specifications Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29

AUG 1998 11.204(a) The contracting officer shall insert this provision in solicitations that cite specifications listed in the Index that are not furnished with the solicitation.

P Yes* L A A A A A A A A FAR

52.211-2 Availability of Specifications, Standards, and Data Item Descriptions Listed in the Acquisition Streamlining and Standardization Information System

(ASSIST)

APR 2014 11.204(b) The contracting officer shall insert this provision in solicitations that cite specifications listed in the ASSIST that are not furnished with the solicitation.

P Yes* L A A A A A A A A FAR

52.211-3 Availability of Specifications Not Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions

JUN 1988 11.204(c) The contracting officer shall insert a provision substantially the same as this provision in solicitations that cite specifications that are not listed in the Index and are not furnished with the solicitation, but may be obtained from a designated source.

P Yes* L A A A A A A A A FAR

52.211-4 Availability for Examination of Specifications Not Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions

JUN 1988 11.204(d) The contracting officer shall insert a provision substantially the same as this provision in solicitations that cite specifications that are not listed in the Index and are available for examination at a specified location.

P Yes* L A A A A A A A A FAR

52.211-7 Alternatives to Government-Unique Standards

NOV 1999 11.107(b) (See cell below for DoD-unique guidance). Insert this provision in solicitations that use Government-unique standards when the agency uses the transaction-based reporting method to report its use of voluntary consensus standards to the National Institute of Standards and Technology (see OMB Circular A-119, “Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities”). Use of the provision is optional for agencies that report their use of voluntary consensus standards to the National Institute of Standards and Technology using the categorical reporting method. Agencies that manage their specifications on a contract-by-contract basis use the transaction-based method of reporting. Agencies that manage their specifications centrally use the categorical method of reporting. Agency regulations regarding specification management describe which method is used.

P Yes L A A A A A A A A A A FAR

52.211-7 Alternatives to Government-Unique Standards

NOV 1999 211.107(b) To comply with section 875(c) of the National Defense Authorization Act for Fiscal Year 2017 (Pub.

L. 114–328), use the provision at FAR 52.211–7, Alternatives to Government-Unique Standards, in DoD solicitations that include military or Government-unique specifications and standards.

P Yes L A A A A A A A A A A FAR

52.211-10 Commencement, Prosecution, and Completion of Work

APR 1984 11.404(b) The contracting officer shall insert this clause in solicitations and contracts when a fixed-price construction contract is contemplated. The clause may be changed to accommodate the issuance of orders under indefinite-delivery contracts.

C Yes A A A A A A FAR

52.211-10 Commencement, Prosecution, and Completion of Work-- Alternate I

APR 1984 11.404(b) If the completion date is expressed as a specific calendar date, computed on the basis of the contractor receiving the notice to proceed by a certain day, the contracting officer may use the clause with its Alternate I.

C Yes O O O O O O FAR

52.211-12 Liquidated Damages—Constructio n

SEP 2000 11.503(b) (Note: DoD follows the prescription at DFARS 211.503(b) in lieu of this prescription. See cell below.) Use this clause in solicitations and contracts for construction, other than cost-plus-fixed-fee, when the contracting officer determines that liquidated damages are appropriate (see 11.501(a)). If the contract specifies more than one completion date for separate parts or stages of the work, revise paragraph (a) of the clause to state the amount of liquidated damages for delay of each separate part or stage of the work.

C Yes O O O O O O O FAR

52.211-12 Liquidated Damages—Constructio n

SEP 2000 211.503(b) Use the clause at FAR 52.211-12, Liquidated Damages--Construction, in all construction contracts exceeding $700,000, except cost-plus-fixed-fee contracts or contracts where the contractor cannot control the pace of the work. Use of the clause in contracts of $700,000 or less is optional."

C Yes A A A O A A O FAR

52.211-13 Time Extensions SEP 2000 11.503(c) Use this clause in solicitations and contracts for construction that use the clause at 52.211-12, Liquidated Damages—Construction, when that clause has been revised as provided in FAR 11.503(b).

C Yes A A A A A A A FAR

52.211-14 Notice of Priority Rating for National Defense, Emergency Preparedness, and Energy Program Use

APR 2008 11.604(a) Contracting officers shall insert this provision in solicitations when the contract to be awarded will be a rated order.

P Yes L A A A A A A A A A A FAR

52.211-15 Defense Priority and Allocation Requirements

APR 2008 11.604(b) Contracting officers shall insert this clause in contracts that are rated orders.

C Yes I A A A A A A A A A A FAR

52.211-18 Variation in Estimated Quantity

APR 1984 11.703(c) The contracting officer shall insert this clause in solicitations and contracts when a fixed-price construction contract is contemplated that authorizes a variation in the estimated quantity of unit-priced items.

C Yes A A A A A A FAR

52.213-3 Notice to Supplier APR 1984 13.302-5(c) The contracting officer shall insert this clause in unpriced purchase orders.

C Yes A A A A A A FAR

52.213-4 Terms and Conditions—Simplified Acquisitions (Other Than Commercial Items)

OCT 2020 13.302-5(d) (Note: Additional instructions for the use of this clause are at DFARS 213.302-5(d)--see cell below).

(1) The contracting officer may use this clause in simplified acquisitions exceeding the micro-purchase threshold that are for other than commercial items (see 12.301).

(2) The clause—

(i) Is a compilation of the most commonly used clauses that apply to simplified acquisitions; and

(ii) May be modified to fit the individual acquisition to add other needed clauses, or those clauses may be added separately. Modifications (i.e., additions, deletions, or substitutions) must not create a void or internal contradiction in the clause. For example, do not add an inspection and acceptance or termination for convenience requirement unless the existing requirement is deleted. Also, do not delete a paragraph without providing for an appropriate substitute.

C Yes O O O O O O O O FAR

52.213-4 Terms and Conditions—Simplified Acquisitions (Other Than Commercial Items)

JAN 2019 213.302-5(d) When using this clause, delete the reference to the clause at FAR 52.225-1, Buy American—Supplies.

Instead, if the Buy American statute applies to the acquisition, use the clause at—

(i) 252.225-7001, Buy American and Balance of Payments Program, as prescribed at 225.1101(2);

or

(ii) 252.225-7036, Buy American–Free Trade Agreements–Balance of Payments Program, as prescribed at 225.1101(10).

C Yes O O O O O O O O FAR

52.214-3 Amendments to Invitations for Bids

DEC 2016 14.201-6(b)(1) Insert in all invitations for bids. P Yes L A A R A FAR

52.214-4 False Statements in Bids

APR 1984 14.201-6(b)(2) Insert in all invitations for bids. P Yes L A A R A FAR

52.214-5 Submission of Bids DEC 2016 14.201-6(c)(1) Insert in invitations for bids. P Yes L A A R A FAR 52.214-6 Explanation to

Prospective Bidders APR 1984 14.201-6(c)(2) Insert in invitations for bids. P Yes L A A R A FAR

52.214-7 Late Submissions, Modifications, and Withdrawals of Bids

NOV 1999 14.201-6(c)(3) Insert in invitations for bids. P Yes L A A R A FAR

52.214-18 Preparation of Bids—Construction

APR 1984 14.201-6(l) Insert this provision in invitations for bids for construction work.

P Yes A A A A FAR

52.214-19 Contract Award—Sealed Bidding—Construction

AUG 1996 14.201-6(m) Insert this provision in all invitations for bids for construction work.

P Yes A A A A FAR

52.214-22 Evaluation of Bids for Multiple Awards

MAR 1990 14.201-6(q) Insert this provision in invitations for bids if the contracting officer determines that multiple awards might be made if doing so is economically advantageous to the government.

P Yes M A A A A FAR

52.214-23 Late Submissions, Modifications, Revisions, and Withdrawals of Technical Proposals under Two-Step Sealed Bidding

NOV 1999 14.201-6(r) Insert this provision in solicitations for technical proposals in step one of two-step sealed bidding.

P Yes L A A A A A FAR

52.214-24 Multiple Technical Proposals

APR 1984 14.201-6(s) Insert this provision in solicitations for technical proposals in step one of two-step sealed bidding if the contracting officer permits the submission of multiple technical proposals.

P Yes M A A A A A FAR

52.214-25 Step Two of Two-Step Sealed Bidding

APR 1985 14.201-6(t) Insert this provision in invitations for bids issued under step two of two-step sealed bidding.

P Yes L A A A A FAR

52.214-26 Audit and Records—Sealed Bidding

JUN 2020 14.201-7(a)(1) When contracting by sealed bidding, the contracting officer shall insert this clause in solicitations and contracts if—

(i) The acquisition will not use funds appropriated or otherwise made available by the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5); and

(ii) The contract amount is expected to exceed the threshold at 15.403-4(a)(1) for submission of certified cost or pricing data.

C Yes I A A A A FAR

52.214-26 Audit and Records—Sealed Bidding--Alternate I

MAR 2009 14.201-7(a)(2) When contracting by sealed bidding, the contracting officer shall insert Alternate I of this clause in solicitations and contracts if the acquisition will use funds appropriated or otherwise made available by the American Recovery and Reinvestment Act of 2009.

(A) In the case of a bilateral contract modification that will use funds appropriated or otherwise made available by the American Recovery and Reinvestment Act of 2009, the contracting officer shall specify applicability of Alternate I to that modification.

(B) In the case of a task- or delivery-order contract in which not all orders will use funds appropriated or otherwise made available by the American Recovery and Reinvestment Act of 2009, the contracting officer shall specify the task or delivery orders to which Alternate I applies.

C Yes I A A A A A FAR

52.214-27 Price Reduction for Defective Certified Cost or Pricing Data—Modifications— Sealed Bidding

JUN 2020 14.201-7(b)(1) When contracting by sealed bidding, the contracting officer shall insert this clause in solicitations and contracts if the contract amount is expected to exceed the threshold for submission of certified cost or pricing data at 15.403-4(a)(1).

C Yes I A A A FAR

52.214-28 Subcontractor Certified Cost or Pricing Data—Modifications— Sealed Bidding

JUN 2020 14.201-7(c)(1)(i) When contracting by sealed bidding, the contracting officer shall insert this clause in solicitations and contracts if the contract amount is expected to exceed the threshold for submission of certified cost or pricing data at 15.403-4(a)(1).

C Yes I A A A A FAR

52.214-28 Subcontractor Certified Cost or Pricing Data—Modifications— Sealed Bidding-- Alternate I

AUG 2020 14.201-7(c)(1)(ii) As prescribed in 14.201-7(c)(1)(ii), substitute the following paragraph (b) in place of paragraph (b) of the basic clause:

(b) Unless an exception under FAR 15.403-1(b) applies, the Contractor shall require the subcontractor to submit certified cost or pricing data (actually or by specific identification in writing), as part of the subcontractor's proposal in accordance with FAR 15.408, Table 15-2 (to include any information reasonably required to explain the subcontractor's estimating process such as the judgmental factors applied and the mathematical or other methods used in the estimate, including those used in projecting from known data, and the nature and amount of any contingencies included in the price)—

(1) Before modifying any subcontract that was awarded prior to July 1, 2018, involving a pricing adjustment expected to exceed $750,000; or

(2) Before awarding any subcontract expected to exceed $2 million on or after July 1, 2018, or modifying any subcontract that was awarded on or after July 1, 2018, involving a pricing adjustment expected to exceed $2 million.

C Yes I A A A A FAR

52.214-29 Order of Precedence—Sealed Bidding

JAN 1986 14.201-7(d) When contracting by sealed bidding the contracting officer shall insert this clause in solicitations and contracts to which the uniform contract format applies.

C Yes I A A A A FAR

52.214-34 Submission of Offers in the English Language

APR 1991 14.201-6(w) Insert this provision in solicitations that include any of the clauses prescribed in 25.1101 or 25.1102. It may be included in other solicitations when the contracting officer decides that it is necessary.

P Yes L A A A A A A A A A A FAR

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

APR 1991 14.201-6(x) Insert this provision in solicitations that include any of the clauses prescribed in 25.1101 or 25.1102, unless the contracting officer includes the clause at 52.225-17, Evaluation of Foreign Currency Offers, as prescribed in 25.1103(d). It may be included in other solicitations when the contracting officer decides that it is necessary.

P Yes L A A A A A A A A A A FAR

52.215-1 Instructions to Offerors—Competitive Acquisition

JAN 2017 15.209(a) When contracting by negotiation, the contracting officer shall insert the provision at 52.215-1, Instructions to Offerors—Competitive Acquisition, in all competitive solicitations where the Government intends to award a contract without discussions.

P Yes L A A A A A A A A FAR

52.215-1 Instructions to Offerors—Competitive Acquisition--Alternate I

OCT 1997 15.209(a)(1) [See DoD guidance on the use of Alternate I in the cell below.] If the Government intends to make award after discussions with offerors within the competitive range, the contracting officer shall use the basic provision with its Alternate I.

P Yes L A A A A A A A A FAR

52.215-1 Instructions to Offerors—Competitive Acquisition--Alternate I

OCT 1997 215.209(a) For source selections when the procurement is $100 million or more, contracting officers should use the provision with its Alternate I.

P Yes L A A A A A A A A FAR

52.215-1 Instructions to Offerors—Competitive Acquisition--Alternate II

OCT 1997 15.209(a)(2) If the Government would be willing to accept alternate proposals, the contracting officer shall alter the basic clause to add a new paragraph (c)(9) substantially the same as Alternate II.

P Yes L A A A A A A A A FAR

52.215-2 Audit and Records—Negotiation

JUN 2020 15.209(b)(1) Unless the use of this clause with its Alternate I is required, the contracting officer shall insert this clause in solicitations and contracts except those for—

(i) Acquisitions not exceeding the simplified acquisition threshold;

(ii) The acquisition of utility services at rates not exceeding those established to apply uniformly to the general public, plus any applicable reasonable connection charge; or

(iii) The acquisition of commercial items exempted under 15.403-1.

C Yes I A A A A A A A A FAR

52.215-2 Audit and Records—Negotiation-- Alternate I

MAR 2009 15.209(b)(2) (i) The contracting officer shall use this clause with its Alternate I when using funds appropriated or otherwise made available by the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) except those for--

(A) Acquisitions not exceeding the simplified acquisition threshold;

(B) The acquisition of utility services at rates not exceeding those established to apply uniformly to the general public, plus any applicable reasonable connection charge; or

(C) The acquisition of commercial items exempted under 15.403-1.

(ii)(A)In the case of a bilateral contract modification that will use funds appropriated or otherwise made available by the American Recovery and Reinvestment Act of 2009, the contracting officer shall specify applicability of Alternate I to that modification.

(B) In the case of a task- or delivery-order contract in which not all orders will use funds appropriated or otherwise made available by the American Recovery and Reinvestment Act of 2009, the contracting officer shall specify the task or delivery orders to which Alternate I applies.

C Yes I A A A A A A A A FAR

52.215-2 Audit and Records—Negotiation-- Alternate II

AUG 2016 15.209(b)(3) For cost-reimbursement contracts with State and local Governments, educational institutions, and other nonprofit organizations, the contracting officer shall use the clause with its Alternate II.

C Yes I A A A A A FAR

52.215-2 Audit and Records—Negotiation-- Alternate III

JUN 1999 15.209(b)(4) When the head of the agency has waived the examination of records by the Comptroller General in accordance with 25.1001, use the clause with its Alternate III.

C Yes I A A A A A A A A FAR

52.215-3 Request for Information or Solicitation for Planning Purposes

OCT 1997 15.209(c) When issuing a solicitation for information or planning purposes, the contracting officer shall insert this provision and clearly mark on the face of the solicitation that it is for information or planning purposes.

P Yes L A A A A A A A A FAR

52.215-5 Facsimile Proposals JUN 2019 15.209(e) The contracting officer shall insert this provision in solicitations if facsimile proposals are authorized (see 15.203(d)).

P Yes L A A A A A A A A FAR

52.215-6 Place of Performance OCT 1997 15.209(f) The contracting officer shall insert this provision in solicitations unless the place of performance is specified by the Government.

P† Yes* K A A A A A A A A FAR

52.215-8 Order of Precedence—Uniform Contract Format

OCT 1997 15.209(h) The contracting officer shall insert this clause in solicitations and contracts using the format at 15.204.

C Yes I A A A A A A A A FAR

52.215-10 Price Reduction for Defective Certified Cost or Pricing Data

AUG 2011 15.408(b) The contracting officer shall, when contracting by negotiation, insert this clause in solicitations and contracts when it is contemplated that certified cost or pricing data will be required from the contractor or any subcontractor (see 15.403-4).

C Yes I A A A A A A A FAR

52.215-11 Price Reduction for Defective Certified Cost or Pricing Data—Modifications

JUN 2020 15.408(c) The contracting officer shall, when contracting by negotiation, insert this clause in solicitations and contracts when it is contemplated that certified cost or pricing data will be required from the contractor or any subcontractor (see 15.403-4) for the pricing of contract modifications, and the clause prescribed in paragraph (b) of this section has not been included.

C Yes I A A A A A A A FAR

52.215-12 Subcontractor Certified Cost or Pricing Data

JUN 2020 15.408(d)(1) NOTE: See DoD-specific guidance in the cell below.

The contracting officer shall insert this clause in solicitations and contracts when the clause at FAR 52.215-10, Price Reduction for Defective Certified Cost or Pricing Data, is included.

C Yes I A A A A A A A A FAR

52.215-12 Subcontractor Certified Cost or Pricing Data

OCT 2010 CD 2018-O0015 Insert the clause at 52.215-12, Subcontractor Certified Cost or Pricing Data (DEVIATION 2018- O0015) in lieu of the FAR clause when the conditions at 15.408(d) apply.

52.215-12 Subcontractor Certified Cost or Pricing Data-- Alternate I

AUG 2020 15.408(d)(2) As prescribed in 15.408(d)(2), substitute the following paragraph (a) in place of paragraph (a) of the basic clause:

(a) Unless an exception under FAR 15.403-1 applies, the Contractor shall require the subcontractor to submit certified cost or pricing data (actually or by specific identification in writing), in accordance with FAR 15.408, Table 15-2 (to include any information reasonably required to explain the subcontractor's estimating process such as the judgmental factors applied and the mathematical or other methods used in the estimate, including those used in projecting from known data, and the nature and amount of any contingencies included in the price)—

(1) Before modifying any subcontract that was awarded prior to July 1, 2018, involving a pricing adjustment expected to exceed $750,000; or

(2) Before awarding any subcontract expected to exceed $2 million on or after July 1, 2018, or modifying any subcontract that was awarded on or after July 1, 2018, involving a pricing adjustment expected to exceed $2 million.

C Yes I A A A A A A A FAR

52.215-13 Subcontractor Certified Cost or Pricing Data—Modifications

JUN 2020 15.408(e)(1) NOTE: See DoD-specific guidance in the cell below.

The contracting officer shall insert this clause in solicitations and contracts when the clause at FAR 52.215-11, Price Reduction for Defective Certified Cost or Pricing Data—Modifications, is included.

C Yes I A A A A A A A A FAR

52.215-13 Subcontractor Certified Cost or Pricing Data—Modifications

OCT 2010 CD 2018-O0015 Insert the clause at 52.215-13, Subcontractor Certified Cost or Pricing Data (DEVIATION 2018- O0015) in lieu of the FAR clause when the conditions at 15.408(e) apply.

C Yes I A A A A A A A A FAR

52.215-15 Pension Adjustments and Asset Reversions

OCT 2010 15.408(g) The contracting officer shall insert this clause in solicitations and contracts for which it is anticipated that certified cost or pricing data will be required or for which any preaward or postaward cost determinations will be subject to part 31.

C Yes I A A A A A A A A FAR

52.215-16 Facilities Capital Cost of Money

JUN 2003 15.408(h) The contracting officer shall insert this provision in solicitations expected to result in contracts that are subject to the cost principles for contracts with commercial organizations (see Subpart 31.2).

P Yes L A A A A A A A A FAR

52.215-17 Waiver of Facilities Capital Cost of Money

OCT 1997 15.408(i) If the prospective contractor does not propose facilities capital cost of money in its offer, the contracting officer shall insert this clause in the resulting contract.

C Yes I A A A A A A A A FAR

52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions

JUL 2005 15.408(j) The contracting officer shall insert this clause in solicitations and contracts for which it is anticipated that certified cost or pricing data will be required or for which any preaward or postaward cost determinations will be subject to part 31.

C Yes I A A A A A A A A A FAR

52.215-19 Notification of Ownership Changes

OCT 1997 15.408(k) The contracting officer shall insert this clause in solicitations and contracts for which it is contemplated that certified cost or pricing data will be required or for which any preaward or postaward cost determination will be subject to Subpart 31.2.

C Yes I A A A A A A A A A FAR

52.215-20 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data

OCT 2010 15.408(l) Considering the hierarchy at 15.402, the contracting officer shall insert this provision in solicitations if it is reasonably certain that certified cost or pricing data or data other than certified cost or pricing data will be required. This provision also provides instructions to offerors on how to request an exception from the requirement to submit certified cost or pricing data.

P Yes L A A A A A A A A FAR

52.215-20 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data-- Alternate I

OCT…