Provisions_Clauses_N4044323Q0032.xlsx
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| N23194 3019 S640 NON STANDARD REQUISITION.pdf | ||
| N4044323Q0032_COMBINED_SYNOP_Final.docx.pdf | ||
| SSJ_REDACTED.pdf |
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SAP_CURRENT
| Clause No. /Located at 48 CFR: | Title | Prescribed at 48 CFR: | Prescription | P / C / MSC-Specific | IBR (By Reference) / FT (Full Text) | Included in COMBND SYN SOL Template | Notes | Service / | ||
| Material | Threshold | Comments | ||||||||
| MSC SPECIFIC WAWF | MSC SPECIFIC WAWF Instructions (Aug 2012) | MSC-specific instruction | MSC-specific | FT | Yes | Search by %WAWF% | Both | $0.00 | ||
| MSC SHIP TO | MSC DELIVERY INSTRUCTIONS | MSC-specific instruction | MSC-specific | FT | Yes | MATERIAL(S) - Insert Ship Name and REQ # ONLY. Delete the rest from SPS. It is already in the CLIN. | Both | $0.00 | ||
| MSC Norfolk | WOOD PACKAGING MATERIAL-Additional Inst (May 2010) | MSC-specific instruction | MSC-specific | FT | Yes | MATERIAL(S); Search by: %WPM% | Material | $0.00 | ||
| MSC Duty-Free Entry | Duty-Free Entry | MSC-specific instruction | MSC-specific | FT | Yes | MATERIAL(S), - Add Text Statement. Use ONLY if being imported intp "US". | Material | $0.00 | ||
| MSC BRAND NAME ONLY | CAUTION - BRAND NAME ONLY | MSC-specific instruction | MSC-specific | FT | Yes | MATERIAL(S) - Brand Name Items/Parts (BNSS/BNLS Requirements); Search By: %BRAND% | Dependant | $0.00 | ||
| MSC Base Ship | SHIP & BASE ACCESS (DEC 2017) | MSC-specific instruction | MSC-specific | FT | Yes | MATERIAL(S) & SERVICE(S) |
Search PD2 Clause list by: %EPIC%
| Dependant | $0.00 | |||||||||
| MSC ECMRA | Enterprise-wide Contractor Manpower Reporting Application (ECMRA) | NMCARS 5237.102-90 Enterprise-wide Contractor Manpower Reporting Application (ECMRA). | The contractor shall report contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Military Sealift Command via a secure data collection site. Contracted services excluded from reporting are based on Product Service Codes (PSCs). The excluded PSCs are: (1) W, Lease/Rental of Equipment; (2) X, Lease/Rental of Facilities; (3) Y, Construction of Structures and Facilities; (4) S, Utilities ONLY; and (5) V, Freight and Shipping ONLY. The contractor is required to completely fill in all required data fields using the following web address https://doncmra.nmci.navy.mil. Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at https://doncmra.nmci.navy.mil. | MSC-specific | FT | ALL SERVICES. Search PD2 Clause list by: %MANPOWER% | Service | $0.00 | Ship "Repair" is considered a Supply. Therefore, SCA does not apply. IF work to be done is regularly scheduled maintenance, then SCA does apply & use SCA-related clauses. See "Service Contract Act Application to Ship Repair_Estrada" for additional info. | |
| 52.252-6 | Authorized Deviations in Clauses | 52.107(f) | The contracting officer shall insert this clause in solicitations and contracts that include any FAR or supplemental clause with an authorized deviation. Whenever any FAR or supplemental clause is used with an authorized deviation, the contracting officer shall identify it by the same number, title, and date assigned to the clause when it is used without deviation, include regulation name for any supplemental clause, except that the contracting officer shall insert “(DEVIATION)” after the date of the clause. | C (A) | FT | Yes | DELETE paragraph (b) | Both | $0.00 | |
| 52.252-5 | Authorized Deviations In Provisions | 52.107(e) | The contracting officer shall insert this provision in solicitations that include any FAR or supplemental provision with an authorized deviation. Whenever any FAR or supplemental provision is used with an authorized deviation, the contracting officer shall identify it by the same number, title, and date assigned to the provision when it is used without deviation, include regulation name for any supplemental provision, except that the contracting officer shall insert “(DEVIATION)” after the date of the provision. | P | FT | Yes | Both | $0.00 | Included because solicitations/awards contain clauses with deviations. | |
| 52.247-34 | F.o.b. Destination (Nov 1991) | 47.303-6(c) | The contracting officer shall insert this clause in solicitations and contracts when the delivery term is f.o.b. destination. | C (A) | IBR | MATERIAL(S) - Vendor Responsible (DEFAULT FOR ALL SAP) | Dependant | $0.00 | ||
| 52.247-29 | F.o.b. Origin (Feb 2006) | 47.303-1 (c) | The contracting officer shall insert this clause in solicitations and contracts when the delivery term is f.o.b. origin. | C (A) | IBR | MATERIAL(S) - Government Responsible | Dependant | $0.00 | ||
| 52.246-2 | Inspection of Supplies - Fixed Price | 46.302 | The contracting officer shall insert this clause in solicitations and contracts for supplies, or services that involve the furnishing of supplies, when a fixed-price contract is contemplated and the contract amount is expected to exceed the simplified acquisition threshold. The contracting officer may insert the clause in such solicitations and contracts when the contract amount is expected to be at or below the simplified acquisition threshold and inclusion of the clause is in the Government’s interest. | C (A) | IBR | Used when solicitation is expected to "EXCEED" SAT threshold…AND used in contract, inclusion If necessary to ensure an explicit understanding of the KTR's inspection responsiblities …OR… Inclusion of the clause is required under agency procedures. | Both | $250,000.01 | ||
| 52.246-1 | Contractor Inspection Requirements | 46.301 | The contracting officer shall insert this clause in solicitations and contracts for supplies or services when the contract amount is expected to be at or below the simplified acquisition threshold and (a) inclusion of the clause is necessary to ensure an explicit understanding of the contractor’s inspection responsibilities, or (b) inclusion of the clause is required under agency procedures. The clause shall not be used if the contracting officer has made the determination specified in 46.202-2(b). | C (SAP) | IBR | To be used when acquisition is expected to be at or below SAT threshold…AND..inclusion If necessary to ensure an explicit understanding of the KTR's inspection responsiblities …OR… Inclusion of the clause is required under agency procedures. | Both | $0.00 | ||
| 52.243-1 Alt II | Changes—Fixed-Price (AUG 1987) | 43.205(a)(3) | If the requirement is for services (other than architect-engineer services, transportation, or research and development) and supplies are to be furnished, the contracting officer shall use the clause with its Alternate II. | C ( R) | IBR | FIRM FIXED PRICE MATERIAL & SERVICE ORDER | Dependant | $1.00 | ||
| 52.243-1 Alt I | Changes—Fixed-Price (AUG 1987) | 43.205(a)(2) | If the requirement is for services, other than architect-engineer or other professional services, and no supplies are to be furnished, the contracting officer shall use the clause with its Alternate I. | C ( R) | IBR | FIRM FIXED PRICE SERVICE ORDER | Service | $0.00 | ||
| 52.243-1 | Changes—Fixed-Price (AUG 1987) | 43.205(a)(1) | The contracting officer shall insert this clause in solicitations and contracts when a fixed-price contract for supplies is contemplated. | C ( R) | IBR | FIRM FIXED PRICE MATERIAL ORDER | Material | $0.00 | ||
| 52.237-2 | Protection of Government Buildings, Equipment, and Vegetation | 37.110(b) | The contracting officer shall insert this clause in solicitations and contracts for services to be performed on Government installations, unless a construction contract is contemplated. | C (A) | IBR | SERVICE(S) performed on Gov. installations | Service | $0.00 | ||
| 52.232-40 | Providing Accelerated Payments to Small Business Subcontractors | 32.009-2 | Insert this clause in all solicitations and contracts. | C (A) | IBR | Both | $0.00 | |||
| 52.232-39 | Unenforceability of Unauthorized Obligations | 32.706-3 | (NOTE: For commercial contracts, the exact text of this clause is found in FAR 52.212-4(u)) The contracting officer shall insert this clause in all solicitations and contracts. | C ( R) | IBR | Both | $0.00 | |||
| 52.232-18 | Availability of Funds | 32.706-1(a) | Insert this clause in solicitations and contracts if the contract will be chargeable to funds of the new fiscal year and the contract action will be initiated before the funds are available. | C (A) | IBR | Use ONLY if PR states "Subject to Availability of Funds" | Both | $0.00 | ||
| 52.229-11 | Tax on Certain Foreign Procurements—Notice and Representation | 29.402-3(a) | As prescribed in 29.402-3(a), insert the following provision: |
(a) Insert the provision at 52.229-11, Tax on Certain Foreign Procurements—Notice and Representation, in solicitations, including solicitations using part 12 procedures for the acquisition of commercial products and commercial services, unless one of the following exceptions applies:
(1) Acquisitions using simplified acquisition procedures that do not exceed the simplified acquisition threshold (as defined in 2.101).
(2) Emergency acquisitions using the emergency acquisition flexibilities defined in part 18.
(3) Acquisitions using the unusual and compelling urgency authority per 6.302-2.
(4) Contracts with a single individual for personal services that will not exceed the simplified acquisition threshold on an annual calendar year basis for all years of the contract.
| (5) Acquisitions if the requiring activity identifies that the requirement is for certain foreign humanitarian assistance contracts which are payments made by the U.S. Government agencies pursuant to a contract with a foreign contracting party to obtain goods or services described in or authorized under 7 U.S.C. 1691, et seq., 22 U.S.C. 2151, et seq., 22 U.S.C 2601 et seq., 22 U.S.C. 5801 et seq., 22 U.S.C. 5401 et seq., 10 U.S.C. 402, 10 U.S.C. 404, 10 U.S.C. 407, 10 U.S.C. 2557, and 10 U.S.C. 2561. | P | FT | Yes | Dependant | $0.00 | |||||
| 52.225-18 | Place of Manufacture | 25.1101(f) | Insert this provision in solicitations that are predominantly for the acquisition of manufactured end products (i.e., the estimated value of the manufactured end products exceeds the estimated value of other items to be acquired as a result of the solicitation). | P | FT | Yes | "Provision" - Remove at Award. | Material | $0.00 | |
| 52.222-19 | Child Labor – Cooperation with Authorities and Remedies (DEVIATION 2020-O0019) | CD 2020-O0019 | Use 52.222-19, Child Labor—Cooperation with Authorities and Remedies (DEVIATION 2020-O0019 Use the following clause in solicitations and contracts for the acquisition of supplies expected to exceed the micro-purchase threshold. When using the clause at FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders Commercial Products and Commercial Services, as prescribed in 12.301(b)(4), in lieu of checking the box to indicate that FAR clause 52.222-19, Child Labor Cooperation with Authorities and Remedies, is applicable to the contract, insert the following clause in full text. | C | FT | Yes | Material | MPT | ||
| 52.217-9 | Option to Extend the Term of the Contract | 17.208(g) | Insert a clause substantially the same as this clause in solicitations and contracts when the inclusion of an option is appropriate (see 17.200 and 17.202) and it is necessary to include in the contract any or all of the following: |
(1) A requirement that the Government must give the contractor a preliminary written notice of its intent to extend the contract.
(2) A statement that an extension of the contract includes an extension of the option.
| (3) A specified limitation on the total duration of the contract. | C | FT | Yes | Dependant - Option | $0.00 | ||||
| 52.217-8 | Option to Extend Services | 17.208(f) | Insert a clause substantially the same as this clause in solicitations and contracts for services when the inclusion of an option is appropriate. (See 17.200, 17.202, and 37.111.) | C | FT | Yes | Dependant - Option | $0.00 | |
| 52.217-7 | Option for Increased Quantity—Separately Priced Line Item | 17.208(e) | Insert a clause substantially the same as this clause in solicitations and contracts, other than those for services, when the inclusion of an option is appropriate (see 17.200 and 17.202) and the option quantity is identified as a separately priced line item having the same nomenclature as a corresponding basic line item. | ||||||
| C | FT | Yes | Dependant - Option | $0.00 | |||||
| 52.217-6 | Option for Increased Quantity | 17.208(d) | Insert a clause substantially the same as this clause in solicitations and contracts, other than those for services, when the inclusion of an option is appropriate (see 17.200 and 17.202) and the option quantity is expressed as a percentage of the basic contract quantity or as an additional quantity of a specific line item. | C | FT | Yes | Dependant - Option | $0.00 | |
| 52.217-5 | |||||||||
| Evaluation of Options. | 17.208(c) | Insert a provision substantially the same as this provision in solicitations when— |
(1) The solicitation contains an option clause;
(2) An option is not to be exercised at the time of contract award;
(3) A firm-fixed-price contract, a fixed-price contract with economic price adjustment, or other type of contract approved under agency procedures is contemplated; and
| (4) The contracting officer has determined that there is a reasonable likelihood that the option will be exercised. For sealed bids, the determination shall be in writing. | P | IBR | This provision allows the Government to evaluate the total price for the basic requirement together with any option(s) exercised at the time of award. | Material | $0.00 | Required if Options are included in solication. Note: Different Option Evaluation provisions exist - review to determine which is best suited for your procurement. | ||||
| 52.212-5* | Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Products and Commercial Services | 12.301(b)(4) & Class Deviation 2018-O0021 | Insert this clause in solicitations and contracts for the acquisition of commercial products and commercial services. This clause incorporates by reference only those clauses required to implement provisions of law or Executive orders applicable to the acquisition of commercial products and commercial services..The contracting officer shall attach this clause to the solicitation and contract and, using the appropriate clause prescriptions, indicate which, if any, of the additional clauses cited in 52.212-5(b) or (c) are applicable to the specific acquisition. Some of the clauses require fill-in; the fill-in language should be inserted as directed by 52.104(d). When cost information is obtained pursuant to part 15 to establish the reasonableness of prices for commercial products and commercial services, the contracting officer shall insert the clauses prescribed for this purpose in an addendum to the solicitation and contract. This clause may not be tailored. (DoD-specific guidance) Pursuant to CD 2018-O0021, all Department of Defense contracting activities may deviate from the requirements in 12.301(b)(4) and the clause at 52.212-5 when using the Standard Procurement System to contract for commercial products and commercial services. | C (A) | FT | \\Nawespscfs101v.nadsuswe.nads.navy.mil\comsc$\SPSC\Department\N10\Contract_Files\FY19\_Templates\Clause-Defaults | Both | $0.00 | ||
| 52.212-4 | Contract Terms and Conditions -- Commercial Products and Commercial Services | 12.301(b)(3) | Insert this clause in solicitations and contracts for the acquisition of commercial products and commercial services. This clause includes terms and conditions which are, to the maximum extent practicable, consistent with customary commercial practices and is incorporated in the solicitation and contract by reference (see Block 27, SF 1449). The contracting officer may tailor this clause in accordance with 12.302. | C (A) | IBR | Applies to ALL Commercial Procurements. | Both | $0.00 | ||
| 52.212-3 Alt I | Offeror Representations and Certifications—Commercial Products and Commercial Services--Alternate I | 12.301(b)(2) | Use the provision with its Alternate I in solicitations issued by DoD, NASA, or the Coast Guard. | P | FT | Yes | Both | $0.00 | ||
| 52.209-7 | Information Regarding Responsibility Matters | 9.104-7(b) | The contracting officer shall insert this provision in solicitations where the resultant contract value is expected to exceed $600,000. | P | FT | Yes | Dependant | $600,000.01 | ||
| 52.204-7 | System for Award Management | 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 (A) | IBR | Provision, remove at award. (a)(1) Except as provided in 4.1102(a), use the provisions at 52.204-7, System for Award Management, in solicitations. | Both | $0.00 | ||||||
| 52.204-24 | Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment | 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 | FT | Yes | Both | $0.00 | |||
| 52.204-2 | Security Requirements | 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 (A) | IBR | 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 infomration. (Note: 3 exceptions noted - cost contract; architect; agency not covered by NISP; None apply to ship repair). Also, a DD 254 is required to support all work wehre a contractor may have access to classified info (e.g. in ship's communication room; when a SECRET Clearance is required). Check with MSCPAC Security Officer for assistance; Per FAR 2.101 Definitions, access to Classified Info = Classified contract. A Classified Contract does not necessariy mean that the contract document itself is classified - just that there may be access to classified info in the performance of the work. | Service | $0.00 | ||||
| 52.204-18 | Commercial and Government Entity Code Maintenance | 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 | IBR | Both | $0.00 | |
| 52.204-16 | Commercial and Government Entity Code Reporting | 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)). | P | IBR | Both | $0.00 | |||||
| 52.204-13 | System for Award Management Maintenance | 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 (A) | IBR | (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. | Both | $0.00 | |
| 52.203-18 | Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation | 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 (A) | IBR | Provision, remove at award. (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 | |
| FY15 funding or subsequent FYs | Both | $0.00 | ||
| 252.247-7023 | Transportation of Supplies by Sea--Basic | 247.574(b) and (b)(1) | Use this clause in all solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items, except those for direct purchase of ocean transportation services. |
(1) Use the basic clause unless any of the supplies to be transported are commercial items that are—
(i) Shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping operations when the contract is not a construction contract; or
| (ii) Commissary or exchange cargoes transported outside of the Defense Transportation System when the contract is not a construction contract. | C | IBR | Dependant | $0.00 | ||
| 252.246-7003 | Notification of Potential Safety Issues | 246.370(a) | Use this clause in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items, for the acquisition of— |
(1) Repairable or consumable parts identified as critical safety items;
(2) Systems and subsystems, assemblies, and subassemblies integral to a system; or
| (3) Repair, maintenance, logistics support, or overhaul services for systems and subsystems, assemblies, subassemblies, and parts integral to a system. | C | IBR | IF CRITICAL SAFETY ITEM, USE! In solicitations and contracts - including FAR Part 12 for Commercial Items, for the acquistion of repairable or consumable parts identified as critical safety items; systems and subassemblies identified as integral to a system; repair, maintenance, logistics support or overhaul sservices of assemblies and subassemblies and parts integral to a system. | Both | $0.00 | ||||
| 252.244-7000 | Subcontracts for Commercial Items | 244.403 | Use this clause in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items. | C | IBR | IF CRITICAL SAFETY ITEM, USE! MATERIAL(S) & SERVICE(S) – acquisition of (1) repairable or consumable parts identified as critical safety items; (2) systems and subsystems, assemblies, and subassemblies integral to a system; or (3) Repair, maintenance, logistics support, or overhaul services for systems and subsystems, assemblies, subassemblies, and parts integral to a system. | Both | $0.00 | |
| 252.237-7010 | Prohibition on Interrogation of Detainees by Contractor Personnel | 237.173-5 | Insert this clause in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items, that are for the provision of services. | C | IBR | All Services | Service | $0.00 | |
| 252.232-7017 | Accelerating Payments to Small Business Subcontractors-Prohibition on Fees and Consideration | 232.009-2 | Use the clause at 252.232-7017, Accelerating Payments to Small Business Subcontractors—Prohibition on Fees and Consideration, in solicitations and contracts, including those using FAR part 12 procedures for the acquisition of commercial items, that include the clause at FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors. | C | IBR | Use with 52.232-40 | Both | $0.00 | |
| 252.232-7010 | LEVIES ON CONTRACT PAYMENTS | 232.7102 | Use this clause in all solicitations and contracts other than those for micropurchases. | C | IBR | Both | $0.00 | ||
| 252.232-7006 | WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS | 232.7004(b) | Use the clause at 252.232–7006, Wide Area WorkFlow Payment |
Instructions, in solicitations and contracts or task or delivery orders,
| including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items, when 252.232–7003 is used and none of the exceptions at 232.7002(b)(1) apply. See PGI 232.7004 for instructions on completing the clause. | C | FT | Yes | Insert required information per MSC WAWF Instructions; Default Located Here | Both | $0.00 | |||
| 252.232-7003 | Electronic Submission of Payment Requests and Receiving Reports | 232.7004(a) | Unless an exception to submission in electronic form at 232.7002(a) applies and instructions for invoices are contained in the contract administration data section of the contract or task or delivery order, use the clause at 252.232–7003, Electronic Submission of Payment Requests and Receiving Reports, in solicitations and contracts, including solicitations and contracts | ||||||
| using FAR part 12 procedures for the acquisition of commercial items. | C | IBR | Both | $0.00 | |||||
| 252.225-7995 | Contractor Personnel Performing in the US Central Command Area of Responsibility (Deviation) | Class Deviation 2017-O0004 | Use this clause, in lieu of the clause at DFARS 252.225-7040, Contractor Personnel Supporting U.S. Armed Forces Deployed Outside the United States, in solicitations and contracts that will require contractor personnel to perform in the United States Central Command area of responsibility. | C | IBR | If performance is required in USCENTCOM area of responsibility; Contractor Personnel Supporting U.S. Armed Forces Deployed Outside the United States | Service | $0.00 | |
| 252.225-7048 | Export Controlled Items | 225.7901-4 | Use this clause in all solicitations and contracts. | C | IBR | Both | $0.00 | ||
| 252.225-7043 | Antiterrorism/Force Protection for Defense Contractors Outside the United States | 225.372-2 | Use this clause in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items, that require performance or travel outside the United States, except for contracts with— |
(a) Foreign governments;
(b) Representatives of foreign governments; or
| (c) Foreign corporations wholly owned by foreign governments. | C | IBR | If performance or travel outside of the US is required | Service | $0.00 | |
| 252.225-7016 | Restriction on Acquisition of Ball and Roller Bearings | 225.7009-5 | Use this clause in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items, unless— |
(a) The items being acquired are commercial items other than ball or roller bearings acquired as end items;
(b) The items being acquired do not contain ball and roller bearings; or
| (c) A waiver has been granted in accordance with 225.7009-4. | C | IBR | In all solicitations and awards where ball or roller bearings are requested | Dependant | $0.00 | ||||
| 252.225-7013 | Duty-Free Entry. (DEVIATION 2020-O0019) | CD 2020-O0019 | As prescribed in 225.1101(4), use the following clause at 252.225-7013, Duty-Free Entry (Deviation 2020-O0019), instead of the clause at FAR 52.225-8. Do not use the clause for acquisitions of supplies that will not enter the customs territory of the United States. | C | IBR | MATERIAL(S) that will enter the customs territory of the US. See DFARS Subpart 225.9 and Duty-Free Entry language in "MISC." section of Clause sheet. | Material | $0.00 | |
| 252.225-7002 | Qualifying Country Sources as Subcontractors | 225.1101(3) | Use this clause in solicitations and contracts that include the basic or one of the alternates of the following clauses: |
(i) 252.225-7001, Buy American and Balance of Payments Program.
(ii) 252.225-7021, Trade Agreements.
| (iii) 252.225-7036, Buy American—Free Trade Agreements—Balance of Payments Program. | C | IBR | Include if 252.225-7001 is included | Material | $0.00 | |
| 252.225-7001 | Buy American And Balance of Payments Program | 225.1101(2)(i) | (i) Use this clause instead of the clause at FAR 52.225-1, Buy American—Supplies, in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items, unless— |
(A) All line items will be acquired from a particular source or sources under the authority of FAR 6.302-3;
(B) All line items require domestic or qualifying country end products in accordance with subpart 225.70, but note that this exception does not apply if subpart 225.70 only requires manufacture of the end product in the United States or in the United States or Canada, without a corresponding requirement for use of domestic components;
(C) The acquisition is for supplies for use within the United States and an exception to the Buy American statute applies, e.g., nonavailability or public interest (see FAR 25.103 and 225.103);
(D) The acquisition is for supplies for use outside the United States and an exception to the Balance of Payments Program applies (see 225.7501);
(E) One or more of the basic or the alternates of the following clauses will apply to all line items in the contract:
(1) 252.225-7021, Trade Agreements.
(2) 252.225-7036, Buy American—Free Trade Agreements—Balance of Payments Program; or
(F) All line items will be acquired using a procedure specified in 225.7703-1(a).
| (iii) Use the alternate I clause when the acquisition is of end products listed in 225.401-70 in support of operations in Afghanistan. | C | IBR | MATERIAL(S) | Material | $0.00 | |||||
| 252.223-7008 | Prohibition of Hexavalent Chromium | 223.7306 | Unless an exception in 223.7304 applies, or use has been authorized in accordance with 223.7305, use this clause in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items, that are for supplies, maintenance and repair services, or construction. | C | IBR | Supplies or maintenance and repair services | Both | $0.00 | ||
| 252.213-7000 | Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations. | 213.106-2-70 | Use this provision in competitive solicitations for supplies when using FAR part 13 simplified acquisition procedures, including competitive solicitations using FAR part 12 procedures for the acquisition of commercial items and acquisitions valued at less than or equal to $1 million under the authority at FAR subpart 13.5. | P | IBR | Dependant | $0.00 | Applies to competitive material / supply acquisitons using FAR Part 13. And, if using FAR 13.5, ceiling of $1 million applies. | ||
| 252.211-7008 | Use of Government-Assigned Serial Numbers | 211.274-6(c) | Use this clause in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items, that— |
(1) Contain the clause at 252.211-7003, Item Unique Identification and Valuation; and
| (2) Require the contractor to mark major end items under the terms and conditions of the contract. | C | IBR | Use with 252.211-7003 | Dependant | $0.00 | |||||
| 252.211-7003 | Item Unique Identification and Valuation | 211.274-6(a)(1) | Use this clause in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items, for supplies, and for services involving the furnishing of supplies, unless the conditions in 211.274-2(b) apply. | C | FT | Yes | (a)(1) Use the clause at 252.211-7003, Item Unique Identification and Valuation, in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items, for supplies, and for services involving the furnishing of supplies, unless the conditions in 211.274-2(b) apply. WHEN UNIT COST EQUAL TO OR GRTR THAN $5K | Material | $0.00 | |
| 252.209-7010 | Critical Safety Items | 209.270-5 | The contracting officer shall insert this clause in solicitations and contracts when the acquisition includes one or more items designated by the design control activity as critical safety items. | C | FT | Yes | IF CRITICAL SAFETY ITEM, USE! Use in all solicitations/contracts when the requirement includes critical safety items. See COMSCINST 4490.1B DO NOT FORGET to insert the table from the CMBD SYN/SOL titled, "MSC CRITICAL SHP SYSTEM AND EQUIPMENT". | BOTH | $0.00 | |
| 252.204-7017 | Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services—Representation | 204.2105(b) | Use the provision at 252.204-7017, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services—Representation, in all solicitations, including solicitations using FAR part 12 procedures for the acquisition of commercial items, and solicitations for task and delivery orders, BOAs, orders against BOAs, BPAs, and calls against BPAs. | P | FT | Yes | Both | $0.00 | ||
| 252.204-7012 | Safeguarding Covered Defense Information and Cyber Incident Reporting | 204.7304(c) | Use this clause in all solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items, except for solicitations and contracts solely for the acquisition of COTS items. | C | IBR | Dependant | $0.00 | |||
| 252.204-7008 | Compliance with Safeguarding Covered Defense Information Controls | 204.7304(a) | Use this provision in all solicitations, including solicitations using FAR part 12 procedures for the acquisition of commercial items except for solicitations solely for the acquisition of commercially available off-the-shelf (COTS) items. | P | IBR | Provision, remove at award. | Dependant | $0.00 | ||
| 252.204-7003 | Control of Government Personnel Work Product | 204.404-70(b) | Use this clause in all solicitations and contracts. | C | IBR | Use Control of Government Personnel Work Product, in all solicitations and contracts. | Both | $0.00 | ||
| 252.204-7000 | Disclosure of Information | 204.404-70(a) | Use this clause in solicitations and contracts when the contractor will have access to or generate unclassified information that may be sensitive and inappropriate for release to the public. | C | IBR | Use Disclosure of Information, in solicitations and contracts when the contractor will have access to or generate unclassified information that may be sensitive and inappropriate for release to the public. | Dependant | $0.00 | ||
| 252.203-7002 | Requirement to Inform Employees of Whistleblower Rights | 203.97 | Use this clause in all solicitations and contracts. | C | IBR | Use the clause at 252.203-7002, Requirement to Inform Employees of Whistleblower Rights, in all solicitations and contracts. | Both | $0.00 | ||
| 252.203-7000 | Requirements Relating to Compensation of Former DOD Officials | 203.171-4(a) | Use this clause in all solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items. | C | IBR | Use the clause at 252.203-7000, Requirements Relating to Compensation of Former DoD Officials, in all solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items. | Both | $0.00 | ||
| 21 | 21 | 16 | 21 | 21 | 16 | 21 | 21 |
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../../../../_Templates/Clause-Defaults/252.232-7006%20WAWF%20(DEC%202018)_N105_MASTER.dotx../../../../FY19/_Templates/Clause-Defaults Elements of FAR 52.212-5
| Clause No. /Located at 48 CFR: | Title | Prescribed at 48 CFR: | Prescription | P or C | IBR or Full Text | Notes | $$$ Trigger (Search by AMT Less than AWARD) |
| 52.247-64 Alt. II | Preference for Privately Owned U.S.-Flag Commercial Vessels--Alternate II | 47.507(a)(3) | NOTE: Per FAR 47.500, this clause is not for DoD use. |
Except for contracts or agreements for ocean transportation services or construction contracts, use the clause with its Alternate II if any of the supplies to be transported are commercial products that are shipped in direct support of U.S. military—
(i) Contingency operations;
(ii) Exercises; or
| (iii) Forces deployed in connection with United Nations or North Atlantic Treaty Organization humanitarian or peacekeeping operations. | C | Check Box if Applies | Not for DoD use. | $0.00 | ||||
| 52.247-64 Alt. I | Preference for Privately Owned U.S.-Flag Commercial Vessels--Alternate I | 47.507(a)(2) | NOTE: Per FAR 47.500, this clause is not for DoD use. | |||||
| If an applicable statute requires, or if it has been determined under agency procedures, that the supplies to be furnished under the contracts must be transported exclusively in privately owned U.S.-flag commercial vessels (see 47.502(a)(1) and 47.503(b)), use the clause with its Alternate I. | C | Check Box if Applies | Not for DoD use. | $0.00 | ||||
| 52.247-64 | Preference for Privately Owned U.S.-Flag Commercial Vessels | 47.507(a)(1) | NOTE: Per FAR 47.500, this clause is not for DoD use. | |||||
| Insert this clause in solicitations and contracts that may involve ocean transportation of supplies subject to the Cargo Preference Act of 1954. (For application of the Cargo Preference Act of 1954, see 47.502(a)(3), 47.503(a), and 47.504.) | C | Check Box if Applies | Not for DoD use. | $0.00 | ||||
| 52.242-5 | Payments to Small Business Subcontractors | 42.1504 | Insert this clause in all solicitations and contracts containing the clause at 52.219-9, Small Business Subcontracting Plan. | C | Check Box if Applies | Use with 52.219-9 | $0.00 | |
| 52.239-1 | Privacy or Security Safeguards | 39.106 | The contracting officer shall insert a clause substantially the same as this clause in solicitations and contracts for information technology which require security of information technology, and/or are for the design, development, or operation of a system of records using commercial information technology services or support services. | C | Check Box if Applies | Contracts for IT | $0.00 | |
| 52.232-36 | Payment by Third Party | 32.1110(d) | ||||||
| If payment under a written contract will be made by a charge to a Government account with a third party such as a Governmentwide commercial purchase card, then the contracting officer shall insert this clause in solicitations and contracts. Payment by a purchase card may also be made under a contract that does not contain this clause, to the extent the contractor agrees to accept that method of payment. When this clause is included in a solicitation or contract, the contracting officer shall also insert the clause at 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management, as appropriate. | C | Check Box if Applies | GPC | $0.00 | ||||
| 52.232-34 | Payment by Electronic Funds Transfer—Other than System for Award Management | 32.1110(a)(2) | The contracting officer shall insert this clause in solicitations and contracts that require EFT as the method for payment but do not include the provision at 52.204-7, System for Award Management, or a similar agency clause that requires the contractor to be registered in SAM. |
(ii)(A) If permitted by agency procedures, the contracting officer may insert in paragraph (b)(1) of the clause, a particular time after award, such as a fixed number of days, or event such as the submission of the first request for payment.
| (B) If no agency procedures are prescribed, the time period inserted in paragraph (b)(1) of the clause shall be “no later than 15 days prior to submission of the first request for payment.” | C | Check Box if Applies | 52.204-7 typically apply | $0.00 |
| 52.232-33 | Payment by Electronic Funds Transfer—System for Award Management | 32.1110(a)(1) | The contracting officer shall insert this clause in solicitations and contracts that include the provision at 52.204-7 or an agency clause that requires a contractor to be registered in the System for Award Management (SAM) and maintain registration until final payment, unless— |
(i) Payment will be made through a third party arrangement (see 13.301 and paragraph (d) of this section); or
| (ii) An exception listed in 32.1103(a) through (i) applies. | C | Check Box if Applies | 52.204-7 typically apply | $0.00 |
| 52.232-30 | Installment Payments for Commercial Products and Commercial Services | 32.206(g) | (NOTE: See DFARS 232.206(g) (cell below) for the use of the clause by DoD). Contracting officers may insert this clause in solicitations and contracts in lieu of constructing a specific clause in accordance with paragraphs (b) through (e) of this section, if the contract action qualifies under the criteria at 32.202-1(b) and installment payments for the item are either customary or are authorized in accordance with agency procedures. |
(1) Description. Installment payment financing is payment by the Government to a contractor of a fixed number of equal interim financing payments prior to delivery and acceptance of a contract item. The installment payment arrangement is designed to reduce administrative costs. However, if a contract will have a large number of deliveries, the administrative costs may increase to the point where installment payments are not in the best interests of the Government.
(2) Authorized types of installment payment financing and rates. Installment payments may be made using the clause at 52.232-30, Installment Payments for Commercial Products and Commercial Services, either at the 70 percent financing rate cited in the clause or at a lower rate in accordance with agency procedures.
(3) Calculating the amount of installment financing payments. The contracting officer shall identify in the contract schedule those items for which installment payment financing is authorized. Monthly installment payment amounts are to be calculated by the contractor pursuant to the instructions in the contract clause only for items authorized to receive installment payment financing.
| (4) Liquidating installment payments. If installment payments have been made for an item, the amount paid to the contractor upon acceptance of the item by the Government shall be reduced by the amount of installment payments made for the item. The contractor’s request for final payment for each item is required to show this calculation. | C | Check Box if Applies | *Keiko does't know of any instances where MSC allows any payment prior to delivery and acceptance of a contract item. | $0.00 | ||||
| 52.232-29 | Terms for Financing of Purchases of Commercial Products and Commercial Services | 232.206(g) | Installment payment financing for commercial products and commercial services. Installment payment financing shall not be used for DoD contracts, unless market research has established that this form of contract financing is both appropriate and customary in the commercial marketplace. When installment payment financing is used, the contracting officer shall use the ceiling percentage of contract price that is customary in the particular marketplace (not to exceed the maximum rate established in FAR 52.232-30). | C | Check Box if Applies | *Keiko does't know of any instances where MSC allows any payment prior to delivery and acceptance of a contract item. | $0.00 | |
| 52.229-12 | Tax on Certain Foreign Procurements. | 29.402-3(b) | As prescribed in 29.402-3(b), insert the following clause: |
(b) Insert the clause at 52.229-12, Tax on Certain Foreign Procurements, in—
(1) Solicitations that contain the provision at 52.229-11, Tax on Certain Foreign Procurements—Notice and Representation; and
| (2) Resultant contracts in which the contractor has indicated that it was a foreign person in solicitation provision 52.229-11, Tax on Certain Foreign Procurements—Notice and Representation. | C | Check Box if Applies | Use with 52.229-11 (see tab for SAP) | $0.00 | ||||
| 52.226-6 | Promoting Excess Food Donation to Nonprofit Organizations | 26.404 | Insert this clause in solicitations and contracts greater than $30,000 for the provision, service, or sale of food in the United States. | C | Check Box if Applies | $30,000.01 | ||
| 52.226-5 | Restrictions on Subcontracting Outside Disaster or Emergency Area | 26.206(c) | The contracting officer shall insert this clause in all solicitations and contracts that involve local area set-asides. | C | Check Box if Applies | local area set-asides. | $0.00 | |
| 52.226-4 | Notice of Disaster or Emergency Area Set-Aside | 26.206(b) | The contracting officer shall insert this clause in solicitations and contracts involving local area set-asides. | C | Check Box if Applies | local area set-asides. | $0.00 | |
| 52.225-5 | Trade Agreements | 225.1101(6) | Except as provided in paragraph (6)(iv) of this section, use the basic or an alternate of the clause at 252.225-7021, Trade Agreements, instead of the clause at FAR 52.225-5, Trade Agreements, in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial products or commercial services, if the World Trade Organization Government Procurement Agreement applies, i.e., the acquisition is of end products listed at 225.401-70, the value of the acquisition equals or exceeds $182,000, and none of the exceptions at 25.401(a) applies. | C | Check Box if Applies | NOT FOR DOD!!! End products listed at 225.401-70 | $182,000.00 | |
| 52.225-3 Alt. III | Buy American—Free Trade Agreements-Israeli Trade Act--Alternate III | 25.1101(b)(1)(iv) | If the acquisition value is $80,317 or more but is less than $100,000, use the clause with its Alternate III. | C | Check Box if Applies | NOT FOR DOD!!! End products listed at 225.401-70 | $80,317.00 | |
| 52.225-3 Alt. II | Buy American—Free Trade Agreements-Israeli Trade Act--Alternate II | 25.1101(b)(1)(iii) | If the acquisition value is $50,000 or more but is less than $83,099, use the clause with its Alternate II. | C | Check Box if Applies | NOT FOR DOD!!! End products listed at 225.401-70 | $50,000.00 | |
| 52.225-3 Alt. I | Buy American—Free Trade Agreements-Israeli Trade Act--Alternate I | 25.1101(b)(1)(ii) | If the acquisition value is $25,000 or more but is less than $50,000, use the clause with its Alternate I. | C | Check Box if Applies | NOT FOR DOD!!! End products listed at 225.401-70 | $25,000.00 | |
| 52.225-3 | Buy American—Free Trade Agreements-Israeli Trade Act | 225.1101(10)(i) | Except as provided in paragraph (10)(ii) of this section, use the basic or an alternate of the clause at 252.225-7036, Buy American—Free Trade Agreements— Balance of Payments Program, instead of the clause at FAR 52.225-3, Buy American—Free Trade Agreements–Israeli Trade Act, in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial products or commercial services, for the items listed at 225.401-70, when the estimated value equals or exceeds $25,000, but is less than $180,000, unless an exception at FAR 25.401 or 225.401 applies. | C | Check Box if Applies | NOT FOR DOD!!! End products listed at 225.401-70 | $25,000.00 | |
| 52.225-26 | Contractors Performing Private Security Functions Outside the United States | 25.302-6 | (NOTE: Pursuant to DFARS 225.302-6 (cell below), this clause is not for DoD use). (a) Use this clause in solicitations and contracts for performance outside the United States in an area of— |
(i) Combat operations, as designated by the Secretary of Defense; or
(ii) Other significant military operations, as designated by the Secretary of Defense and only upon agreement of the Secretary of Defense and the Secretary of State.
(b) The clause is not required to be used for—
(1) Contracts entered into by elements of the intelligence community in support of intelligence activities; or
| (2) Temporary arrangements entered into by non-DoD contractors for the performance of private security functions by individual indigenous personnel not affiliated with a local or expatriate security company. | C | Check Box if Applies | Not for DoD use. | $0.00 | ||||
| 52.225-13 | Restrictions on Certain Foreign Purchases | 25.1103(a) | Insert this clause in solicitations and contracts, unless an exception applies. | C | Check Box if Applies | Except as authorized by OFAC, most transactions involving Cuba, Iran, and Sudan are prohibited, as are most imports from Burma or North Korea, into the United States or its outlying areas | $0.00 | |
| 52.225-1 | Buy American Act--Supplies | 225.1101(2)(i) | Use the basic or the alternate of the clause at 252.225-7001, Buy American and Balance of Payments Program, instead of the clause at FAR 52.225-1, Buy American—Supplies, in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial products and commercial services, unless— |
(A) All line items will be acquired from a particular source or sources under the authority of FAR 6.302-3;
(B) All line items require domestic or qualifying country end products in accordance with subpart 225.70, but note that this exception does not apply if subpart 225.70 only requires manufacture of the end product in the United States or in the United States or Canada, without a corresponding requirement for use of domestic components;
(C) (See special instructions below, prior to using this exception) The acquisition is for supplies for use within the United States and an exception to the Buy American statute applies, e.g., nonavailability or public interest (see FAR 25.103 and 225.103);
(D) The acquisition is for supplies for use outside the United States and an exception to the Balance of Payments Program applies (see 225.7501);
(E) One or more of the basic or the alternates of the following clauses will apply to all line items in the contract:
(1) 252.225-7021, Trade Agreements.
(2) 252.225-7036, Buy American—Free Trade Agreements—Balance of Payments Program; or
| (F) All line items will be acquired using a procedure specified in 225.7703-1(a). Per CD 2022-O0004, In lieu of the exception in paragraph (C) of the prescription at DFARS 225.1101(2)(i), insert the DFARS clause 252.225-7001, Buy American and Balance of Payments Program, instead of the clause at FAR 25.225-1, Buy American—Supplies, in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial products, when the acquisition is for supplies for use within the United States and an exception, in the form of an individual nonavailability waiver determination, to the Buy American statute applies. | C | Check Box if Applies | Not for DoD use. | $0.00 | |||
| 52.224-3 Alt. I | Privacy Training--Alternate I | 24.302(b) | When an agency specifies that only its agency-provided training is acceptable, use the clause with its Alternate I. | C | Check Box if Applies | $0.00 | |
| 52.224-3 | Privacy Training | 24.302(a) | The contracting officer shall insert this clause in solicitations and contracts when, on behalf of the agency, contractor employees will— |
(1) Have access to a system of records;
(2) Create, collect, use, process, store, maintain, disseminate, disclose,…
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