CLAUSES INCORPORATED BY REFERENCE

CLAUSE

NO

ALT NO/

DEV NO CLAUSE TITLE YEAR-

MO SECTION

252.203-7000 Requirements Relating to Compensation of Former DoD Officials. 2011-09 SEC I

252.203-7001

Prohibition of Persons Convicted of Fraud or Other Defense-Contract-Related Felonies.

2023-01 SEC I

252.203-7002

Requirement to Inform Employees of

Whistleblower Rights.

2022-12

SEC I

252.203-7003

Agency Office of the Inspector General.

2019-08

252.203-7004 Display of Hotline Posters.

2023-01

252.203-7005

Representation Relating to Compensation of Former DoD Officials.

2022-09

SEC K

252.204-7002

Payment for Contract Line or Subline Items

Not Separately Priced.

2020-04

252.204-7015

Notice of Authorized Disclosure of Information for Litigation Support.

252.204-7022

Expediting Contract Closeout.

2021-05

252.204-7024

Notice on the Use of the Supplier

Performance Risk System.

2023-03

SEC L

252.205-7000

Provision of Information to Cooperative

Agreement Holders.

2024-10

252.209-7004

Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor or

Terrorism.

2019-05 SEC I

252.209-7009

Organizational Conflict of Interest – Major

Defense Acquisition Program.

2019-05

252.211-7008

Use of Government-Assigned Serial

Numbers.

2010-09

252.215-7013

Supplies and Services Provided by

Nontraditional Defense Contractors.

252.215-7996

DEV 2026-O0048

Notification to Offerors – Postaward

Debriefings. (DEVIATION 2026-O0048)

2026-03

252.216-7010 Postaward Debriefings for Task Orders and Delivery Orders.

2025-10 SEC I

252.217-7028

Over and Above Work.

1991-12

252.219-7000 Advancing Small Business Growth.

2023-06

252.219-7996

DEV 2026-O0037

Small Business Subcontracting Plan (DoD Contracts). (DEVIATION 2026-O0037)

2026-02

ALT I,

(Alternate I)

ALT II,

(Alternate II)

252.219-7997

Small Business Subcontracting Plan (Test

Program). (DEVIATION 2026-O0037)

252.222-7006

Restrictions on the Use of Mandatory

Arbitration Agreements.

252.223-7008

Prohibition of Hexavalent Chromium.

252.223-7009

Prohibition of Procurement of Fluorinated

Aqueous Film-Forming Foam Fire-Fighting Agent for Use on Military Installations.

2024-02

252.225-7001

Buy American and Balance of Payments

Program.

2024-02

252.225-7003

Report of Intended Performance Outside the United States and Canada – Submission with Offer.

2025-10

252.225-7004

Report of Intended Performance Outside the United States and Canada – Submission After Award.

2024-07

252.225-7012

Preference for Certain Domestic

Commodities.

2022-04

252.225-7013

Duty-Free Entry.

2025-08

252.225-7028

Exclusionary Policies and Practices of

Foreign Governments.

2003-04

252.225-7048 Export Controlled Items. 2013-06 SEC I

252.225-7052

Restriction on the Acquisition of Certain

Magnets, Tantalum, and Tungsten.

2024-05

252.225-7055

2022-05

Representation Regarding Business Operations with the Maduro Regime.

252.225-7056

Prohibition Regarding Business Operations with the Maduro Regime.

252.225-7057

Preaward Disclosure of Employment of Individuals Who Work in the People’s

Republic of China.

2022-08

252.225-7058

Postaward Disclosure of Employment of

Individuals Who Work in the People’s Republic of China.

252.225-7059

Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region – Representation.

252.225-7060

Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region.

252.225-7061

Restriction on the Acquisition of Personal Protective Equipment and Certain Other Items from Non-Allied Foreign Nations.

252.226-7001

Utilization of Indian Organizations, Indian- Owned Economic Enterprises, and Native

Hawaiian Small Business Concerns.

252.226-7003

Drug-Free Workforce.

2024-08

252.227-7991

DEV 2026-O0036

Rights in Bid or Proposal Information.

(DEVIATION 2026-O0036)

252.227-7996

Technical Data – Withholding of Payment.

252.227-7997

Validation of Asserted Restrictions.

252.229-7014

Full Exemption from Two-Percent Excise

Tax on Certain Foreign Procurements.

2022-10

252.232-7003

Electronic Submission of Payment Requests and Receiving Reports.

2018-12

SEC G

252.232-7010

Levies on Contract Payments.

2006-12

252.237-7010

Prohibition on Interrogation of Detainees by Contractor Personnel.

252.243-7001

Pricing of Contract Modifications.

1991-12

252.243-7002

Requests for Equitable Adjustment.

2022-12

252.244-7998

DEV 2026-O0015

Contractor Purchasing System

Administration. (DEVIATION 2026- O0015)

252.245-7003

Contractor Property Management System

Administration.

2025-01

252.245-7005

Management and Reporting of Government

Property.

2024-01

252.246-7003

Notification of Potential Safety Issues.

252.246-7005

Notice of Warranty Tracking of Serialized

Items.

2016-03

252.246-7006

Warranty Tracking of Serialized Items.

2016-03

252.246-7998

DEV 2026-O0035

Warranty of Data. (DEVIATION 2026-

O0035)

252.247-7023

Transportation of Supplies by Sea.

2024-10

252.247-7028

Application for U.S. Government Shipping

Documentation/Instructions.

2012-06

52.202-1

Definitions.

2020-06

52.203-10

Price or Fee Adjustment for Illegal or

Improper Activity.

2014-05

52.203-11

Certification and Disclosure Regarding Payments to Influence Certain Federal

Transactions.

2024-09

52.203-12

Limitation on Payments to Influence

Certain Federal Transactions.

52.203-13

Contractor Code of Business Ethics and

Conduct.

2021-11

52.203-18

Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements or Statements –

2017-01

52.203-19

Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

52.203-3

Gratuities.

1984-04

52.203-5 Covenant Against Contingent Fees.

52.203-6 Restriction on Subcontractor Sales to the Government.

2020-06 SEC I

52.203-7

Anti-Kickback Procedures.

52.203-8

Cancellation, Recission, and Recovery and

Funds or Illegal or Improper Activity.

52.204-10

DEV 2026-O0038

Reporting Executive Compensation and

First-Tier Subcontract Awards.

(DEVIATION 2026-O0038)

52.204-13

System for Award Management-

Maintenance. (DEVIATION 2026-O0038)

52.204-19

Incorporation by Reference or

Representations and Certifications.

2014-12

52.204-7

System for Award Management-

Registration. (DEVIATION 2026-O0038)

52.204-91

Contractor Identification. (DEVIATION

2026-O0038)

52.207-6

Solicitation of Offers from Small Business

Concerns and Small Business Teaming Arrangements or Joint Ventures (Multiple-

Award Contracts).

52.208-90

Government Supply Sources.

52.209-10

Prohibition on Contracting with Inverted Domestic Corporations. (DEVIATION

52.209-6

Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (DEVIATION 2026-

O0038)

52.209-9

Updates of Publicly Available Information

Regarding Responsibility Matters.

52.210-1

Market Research. (DEVIATION 2026-

52.211-15

Defense Priority and Allocation

Requirements.

2008-04

52.215-1

Instructions to Offerors-Competitive

Acquisition. (DEVIATION 2026-O0038)

52.215-2

Audit and Records-Negotiation.

52.215-8

Order of Precedence-Uniform Contract Format. (DEVIATION 2026-O0038)

52.216-27

Single or Multiple Awards.

1995-10

52.217-5

Evaluation of Options. (DEVIATION

SEC M

52.219-13

Notice of Set-Aside Orders.

2020-03

52.219-14

Limitations in Subcontracting.

52.219-16 DEV 2026-O0038 Liquidated Damages-Subcontracting Plan.

(DEVIATION 2026-O0038) 2026-02 SEC I

52.219-8

Utilization of Small Business Concerns.

52.219-9

Small Business Subcontracting Plan.

52.219-9

ALT II,

Small Business Subcontracting Plan.

(DEVIATION 2026-O0038) (Alternate II)

52.222-1

Notice to the Government of Labor

Disputes. (DEVIATION 2026-O0038)

52.222-3 DEV 2026-O0038 Convict Labor. (DEVIATION 2026-O0038) 2026-02 SEC I

52.222-35

Equal Opportunity for Veterans.

52.222-37

Employment Reports on Veterans.

52.222-40

Notification of Employee Rights Under the

National Labor Relations Act.

52.222-41

Service Contract Labor Standards.

52.222-43

Fair Labor Standards Act and Service

Labor Standards-Price Adjustment (Multiple Year and Option Contracts).

52.222-44

Fair Labor Standards Act and Service

Contract Labor Standards-Price Adjustment. (DEVIATION 2026-O0038)

52.222-49

Service Contract Labor Standards-Place of

Performance Unknown. (DEVIATION

52.222-50

Combating Trafficking in Persons.

52.222-54

Employment Eligibility Verification.

52.222-55

Minimum Wages for Contractor Workers

Under Executive Order 14026.

52.222-62

Paid Sick Leave Under Executive Order

13706. (DEVIATION 2026-O0038)

52.223-23

Sustainable Products. (DEVIATION 2026-

52.224-3

Privacy Training.

52.226-7 Drug-Free Workplace.

52.226-8

Encouraging Contractor Policies to Ban

Text Messaging While Driving.

52.227-1

Authorization and Consent.

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

2020-06 SEC I

52.229-12

Tax on Certain Foreign Procurements.

2021-02

52.229-3 Federal, State, and Local Taxes.

2013-02

52.232-1

Payments.

52.232-11 Extras.

52.232-17

Interest.

52.232-18 Availability of Funds.

52.232-23

Assignment of Claims.

52.232-25 Prompt Payment.

52.232-33

Payment by Electronic Funds Transfer-

System for Award Management.

2018-10

52.232-39

Unenforceability of Unauthorized

Obligations.

2013-06

52.232-40

Providing Accelerated Payments to Small

Business Contractors.

2023-03

52.232-8

Discounts for Prompt Payment.

2002-02

52.233-1

52.233-1

(Alternate I)

52.233-2

Service of Protest. (DEVIATION 2026-

52.233-3

Protest After Award. (DEVIATION 2026-

52.233-4

Applicable Law for Breach of Contract

Claim. (DEVIATION 2026-O0038)

52.240-90

Security Prohibitions and Exclusions Representations and Certifications.

52.240-91

Security Prohibitions and Exclusions.

52.240-93

Basic Safeguarding of Covered Contractor Information Systems. (DEVIATION 2026-

52.242-13

Bankruptcy.

1995-07

52.242-15

Stop-Work Order.

1989-08

SEC F

52.242-2

Production Progress Reports.

1991-04

52.242-5

Payments to Small Business

Subcontractors.

52.243-1

Changes-Fixed-Price. (DEVIATION 2026-

52.243-1

Changes-Fixed-Price. (DEVIATION 2026-

O0038) (Alternate I)

52.244-2

Subcontracts.

52.244-6

Subcontracts for Commercial Products and Commercial Services. (DEVIATION 2026-

52.245-1

Government Property.

2021-09

ALT I

Government Property. (Alternate I)

2012-04

ALT II

Government Property. (Alternate II)

52.245-9

Use and Charges.

52.246-16

Responsibility for Supplies.

SEC E

52.246-23

Limitation of Liability.

1997-02

52.246-25

Limitation of Liability-Services.

1997-02

52.246-26

Reporting of Nonconforming Items.

52.246-4

Inspection of Services-Fixed-Price.

1996-08

SEC E

52.247-1

Commercial Bill of Lading Notations.

2006-02

52.247-29

F.o.b. Origin.

52.247-30

F.o.b. Origin, Contractor’s Facility.

52.248-1

Value Engineering. (DEVIATION 2026-

52.249-2

Termination for Convenience of the

Government (Fixed-Price).

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

52.253-1 DEV 2026-O0038 Computer Generated Forms. (DEVIATION

2026-02 SEC I

CLAUSES IN FULL TEXT

CLAUSE

NO

CLAUSE TITLE ALT NO/

DEV NO

YEAR-

MO

CLAUSE TEXT

252.204-7998

Alternate A, Annual Representations and

Certifications. (DEVIATION 2026-O0043)(FEB 2026)

DEV 2026-O0043

ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS

(DEVIATION 2026-O0043)(FEB 2026)

Include the following paragraphs (e), (f), and (g) in the provision at FAR 52.204-7:

(e)(1) If the provision at FAR 52.204-7, System for Award Management – Registration, is included in this solicitation, paragraph (g) of this provision applies.

(2) If the provision at FAR 52.204-7, System for Award Management – Registration, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (g) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

____ (i) Paragraph (g) applies.

____ (ii) Paragraph (g) does not apply and the Offeror has completed the individual representations and certifications in the solicitation.

(f)(1) The following representations or certifications in the SAM database are applicable to this solicitation as indicated:

(i) 252.204-7016, Covered Defense Telecommunications Equipment or Services—Representation. Applies to all solicitations.

(ii) 252.216-7008, Economic Price Adjustment—Wage Rates or Material Prices Controlled by a Foreign Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages or prices of materials.

(iii) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country.

(iv) 252.225-7049, Prohibition on Acquisition of Certain Foreign Commercial Satellite Services—Representations. Applies to solicitations for the acquisition of commercial satellite services.

(v) 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism. Applies to all solicitations expected to result in contracts of $150,000 or more.

(vi) 252.229-7012, Tax Exemptions (Italy)—Representation. Applies to solicitations when contract performance will be in Italy.

(vii) 252.229-7013, Tax Exemptions (Spain)—Representation. Applies to solicitations when contract performance will be in Spain.

(2) The following representations or certifications in SAM are applicable to this solicitation as indicated by the Contracting Officer:

____(i) 252.209-7002, Disclosure of Ownership or Control by a Foreign Government.

_____(ii) 252.225-7000, Buy American—Balance of Payments Program Certificate.

____(iii) 252.225-7020, Trade Agreements Certificate.

____Use with Alternate I.

____(iv) 252.225-7031, Secondary Arab Boycott of Israel.

____(v) 252.225-7035, Buy American—Free Trade Agreements— Balance of Payments Program Certificate.

____Use with Alternate I.

____Use with Alternate II.

____Use with Alternate III.

____Use with Alternate IV.

____Use with Alternate V.

____ (vi) 252.226-7002, Representation for Demonstration Project for Contractors Employing Persons with Disabilities.

____ (vii) 252.232-7015, Performance-Based Payments—

(g) The Offeror has completed the annual representations and certifications electronically via the SAM website at https://www.sam.gov After reviewing the SAM database information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in FAR 52.204-7 and paragraph (f) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer, and are incorporated in this offer by reference (see FAR 4.203-1);

except for the changes identified below [Offeror to insert changes, identifying change by provision number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

RFO/R-DFARS provision No. Title Date Change

Any changes provided by the Offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications located in the SAM database.

(End of provision)

252.209-7010

Critical Safety Items.

2011-08

CRITICAL SAFETY ITEMS (AUG 2011)

(a) Definitions.

Aviation critical safety item means a part, an assembly, installation equipment, launch equipment, recovery equipment, or support equipment for an aircraft or aviation weapon system if the part, assembly, or equipment contains a characteristic any failure, malfunction, or absence of which could cause—

(i) A catastrophic or critical failure resulting in the loss of, or serious damage to, the aircraft or weapon system;

(ii) An unacceptable risk of personal injury or loss of life; or

(iii) An uncommanded engine shutdown that jeopardizes safety.

Design control activity. (i) With respect to an aviation critical safety item, means the systems command of a military department that is specifically responsible for ensuring the airworthiness of an aviation system or equipment, in which an aviation critical safety item is to be used; and

(ii) With respect to a ship critical safety item, means the systems command of a military department that is specifically responsible for ensuring the seaworthiness of a ship or ship equipment, in which a ship critical safety item is to be used.

Ship critical safety item means any ship part, assembly, or support equipment containing a characteristic, the failure, malfunction, or absence of which could cause—

(i) A catastrophic or critical failure resulting in loss of, or serious damage to, the ship; or

(ii) An unacceptable risk of personal injury or loss of life.

(b) Identification of critical safety items. One or more of the items being procured under this contract is an aviation or ship critical safety item. The following items have been designated aviation critical safety items or ship critical safety items by the designated design control activity:

Line Item Description

0007 ELINs AA01-AJ80 See ELIN Matrix for NSN and Part Numbers

0009 ELINs BA01-BJ86 See ELIN Matrix for NSN and Part Numbers

0011 ELINs CA01-CJ66 See ELIN Matrix for NSN and Part Numbers

(c) Heightened quality assurance surveillance. Items designated in paragraph (b) of this clause are subject to heightened, risk-based surveillance by the designated quality assurance representative.

(End of clause)

252.211-7003

Item Unique Identification and Valuation.

ITEM UNIQUE IDENTIFICATION AND VALUATION (JAN 2023)

(a) Definitions. As used in this clause—

“Automatic identification device” means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.

“Concatenated unique item identifier” means—

(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or

(2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code;

enterprise identifier; original part, lot, or batch number; and serial number within the original part, lot, or batch number.

“Data matrix” means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200 (ECC200) specification found within International Standards Organization (ISO)/International Electrotechnical Commission (IEC) 16022.

“Data qualifier” means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows.

“DoD recognized unique identification equivalent” means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html.

“DoD item unique identification” means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number.

“Enterprise” means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items.

“Enterprise identifier” means a code that is uniquely assigned to an enterprise by an issuing agency.

“Government’s unit acquisition cost” means—

(1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery;

(2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor’s estimated fully burdened unit cost to the Government at the time of delivery; and

(3) For items produced under a time-and-materials contract, the Contractor’s estimated fully burdened unit cost to the Government at the time of delivery.

“Issuing agency” means an organization responsible for assigning a globally unique identifier to an enterprise, as indicated in the Register of Issuing Agency Codes for ISO/IEC 15459, located at http://www.aimglobal.org/?Reg_Authority15459.

“Issuing agency code” means a code that designates the registration (or controlling) authority for the enterprise identifier.

“Item” means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts.

https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html http://www.aimglobal.org/?Reg_Authority15459

“Lot or batch number” means an identifying number assigned by the enterprise to a designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions.

“Machine-readable” means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards.

“Original part number” means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface.

“Parent item” means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification equivalent.

“Serial number within the enterprise identifier” means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again within the enterprise.

“Serial number within the part, lot, or batch number” means a combination of numbers or letters assigned by the enterprise to an item that provides for the differentiation of that item from any other like item within a part, lot, or batch number assignment./

“Serialization within the enterprise identifier” means each item produced is assigned a serial number that is unique among all the tangible items produced by the enterprise and is never used again. The enterprise is responsible for ensuring unique serialization within the enterprise identifier.

“Serialization within the part, lot, or batch number” means each item of a particular part, lot, or batch number is assigned a unique serial number within that part, lot, or batch number assignment. The enterprise is responsible for ensuring unique serialization within the part, lot, or batch number within the enterprise identifier.

“Type designation” means a combination of letters and numerals assigned by the Government to a major end item, assembly or subassembly, as appropriate, to provide a convenient means of differentiating between items having the same basic name and to indicate modifications and changes thereto.

“Unique item identifier” means a set of data elements marked on items that is globally unique and unambiguous. The term includes a concatenated unique item identifier or a DoD recognized unique identification equivalent.

“Unique item identifier type” means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html.

(b) The Contractor shall deliver all items under a contract line, subline, or exhibit line item.

(c) Unique item identifier.

(1) The Contractor shall provide a unique item identifier for the following:

(i) Delivered items for which the Government’s unit acquisition cost is $5,000 or more, except for the following line items:

https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html

Contract Line Item, Subline, or Exhibit Line Item Number

Item Description

See Schedule as Applicable

(ii) Items for which the Government’s unit acquisition cost is less than $5,000 that are identified in the Schedule or the following table:

Contract Line Item, Subline, or Exhibit Line Item Number

Item Description

*Items less than $5000, which require UID, will be specifically identified in the schedule.

See Schedule as Applicable

(iii) Subassemblies, components, and parts embedded within delivered items, items with warranty requirements, DoD serially managed reparables and DoD serially managed nonreparables as specified in Attachment Number __(or See Schedule as Applicable)__.

(iv) Any item of special tooling or special test equipment as defined in FAR 2.101 that have been designated for preservation and storage for a Major Defense Acquisition Program as specified in Attachment Number __(or See Schedule as Applicable)__.

(v) Any item not included in (i), (ii), (iii), or (iv) for which the contractor creates and marks a unique item identifier for traceability.

(2) The unique item identifier assignment and its component data element combination shall not be duplicated on any other item marked or registered in the DoD Item Unique Identification Registry by the contractor.

(3) The unique item identifier component data elements shall be marked on an item using two dimensional data matrix symbology that complies with ISO/IEC International Standard 16022, Information technology – International symbology specification – Data matrix; ECC200 data matrix specification.

(4) Data syntax and semantics of unique item identifiers. The Contractor shall ensure that—

(i) The data elements (except issuing agency code) of the unique item identifier are encoded within the data matrix symbol that is marked on the item using one of the following three types of data qualifiers, as determined by the Contractor:

(A) Application Identifiers (AIs) (Format Indicator 05 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology – EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.

(B) Data Identifiers (DIs) (Format Indicator 06 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology – EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.

(C) Text Element Identifiers (TEIs) (Format Indicator 12 of ISO/IEC International Standard 15434), in accordance with the Air Transport Association Common Support Data Dictionary; and

(ii) The encoded data elements of the unique item identifier conform to the transfer structure, syntax, and coding of messages and data formats specified for Format Indicators 05, 06, and 12 in ISO/IEC International Standard 15434, Information Technology – Transfer Syntax for High Capacity Automatic Data Capture Media.

(5) Unique item identifier.

(i) The Contractor shall—

(A) Determine whether to—

(1) Serialize within the enterprise identifier;

(2) Serialize within the part, lot, or batch number; or

(3) Use a DoD recognized unique identification equivalent (e.g. Vehicle Identification Number); and

(B) Place the data elements of the unique item identifier (enterprise identifier;

serial number; DoD recognized unique identification equivalent; and for serialization within the part, lot, or batch number only: original part, lot, or batch number) on items requiring marking by paragraph (c)(1) of this clause, based on the criteria provided in MIL-STD-130, Identification Marking of U.S. Military Property, latest version;

(C) Label shipments, storage containers and packages that contain uniquely identified items in accordance with the requirements of MIL-STD-129, Military Marking for Shipment and Storage, latest version; and

(D) Verify that the marks on items and labels on shipments, storage containers, and packages are machine readable and conform to the applicable standards. The contractor shall use an automatic identification technology device for this verification that has been programmed to the requirements of Appendix A, MIL-STD-130, latest version.

(ii) The issuing agency code—

(A) Shall not be placed on the item; and

(B) Shall be derived from the data qualifier for the enterprise identifier.

(d) For each item that requires item unique identification under paragraph (c)(1)(i), (ii), or (iv) of this clause or when item unique identification is provided under paragraph (c)(1)(v), in addition to the information provided as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the Contractor shall report at the time of delivery, as part of the Material Inspection and Receiving Report, the following information:

(1) Unique item identifier.

(2) Unique item identifier type.

(3) Issuing agency code (if concatenated unique item identifier is used).

(4) Enterprise identifier (if concatenated unique item identifier is used).

(5) Original part number (if there is serialization within the original part number).

(6) Lot or batch number (if there is serialization within the lot or batch number).

(7) Current part number (optional and only if not the same as the original part number).

(8) Current part number effective date (optional and only if current part number is used).

(9) Serial number (if concatenated unique item identifier is used).

(10) Government’s unit acquisition cost.

(11) Unit of measure.

(12) Type designation of the item as specified in the contract schedule, if any.

(13) Whether the item is an item of Special Tooling or Special Test Equipment.

(14) Whether the item is covered by a warranty.

(e) For embedded subassemblies, components, and parts that require DoD item unique identification under paragraph (c)(1)(iii) of this clause or when item unique identification is provided under paragraph (c)(1)(v), the Contractor shall report as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the following information:

(1) Unique item identifier of the parent item under paragraph (c)(1) of this clause that contains the embedded subassembly, component, or part.

(2) Unique item identifier of the embedded subassembly, component, or part.

(3) Unique item identifier type.**

(4) Issuing agency code (if concatenated unique item identifier is used).**

(5) Enterprise identifier (if concatenated unique item identifier is used).**

(6) Original part number (if there is serialization within the original part number).**

(7) Lot or batch number (if there is serialization within the lot or batch number).**

(8) Current part number (optional and only if not the same as the original part number).**

(9) Current part number effective date (optional and only if current part number is used).**

(10) Serial number (if concatenated unique item identifier is used).**

(11) Description.

** Once per item.

(f) The Contractor shall submit the information required by paragraphs (d) and (e) of this clause as follows:

(1) End items shall be reported using the receiving report capability in Wide Area WorkFlow (WAWF) in accordance with the clause at 252.232-7003. If WAWF is not required by this contract, and the contractor is not using WAWF, follow the procedures at http://dodprocurementtoolbox.com/site/uidregistry/.

(2) Embedded items shall be reported by one of the following methods— https://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm#252.232-7003 http://dodprocurementtoolbox.com/site/uidregistry/

(i) Use of the embedded items capability in WAWF;

(ii) Direct data submission to the IUID Registry following the procedures and formats at http://dodprocurementtoolbox.com/site/uidregistry/; or

(iii) Via WAWF as a deliverable attachment for exhibit line item number (fill in) ___, Unique Item Identifier Report for Embedded Items, Contract Data Requirements List, DD Form 1423.

(g) Subcontracts. If the Contractor acquires by subcontract, any item(s) for which item unique identification is required in accordance with paragraph (c)(1) of this clause, the Contractor shall include this clause, including this paragraph (g), in the applicable subcontract(s), including subcontracts for commercial products or commercial services.

252.217-7000

Item Unique Identification and Valuation.

2014-11

EXERCISE OF OPTION TO FULFILL FOREIGN MILITARY SALES

COMMITMENTS—BASIC (NOV 2014)

(a) The Government may exercise the option(s) of this contract to fulfill foreign military sales commitments.

(b) The foreign military sales commitments are for:

(Insert name of country (TBD)) (Insert applicable CLIN)

252.217-7001

Surge Option.

2018-12

SURGE OPTION (DEC 2018)

(a) General. The Government has the option to—

(1) Increase the quantity of supplies or services called for under this contract by no more than ___ percent or _______________; and/or

(2) Accelerate the rate of delivery called for under this contract, at a price or cost established before contract award or to be established by negotiation as provided in this clause.

(b) Schedule.

(1) When the Capabilities Analysis Plan (CAP) is included in the contract, the option delivery schedule shall be the production rate provided with the Plan. If the Plan was negotiated before contract award, then the negotiated schedule shall be used.

(2) If there is no CAP in the contract, the Contractor shall, within 30 days from the date of award, furnish the Contracting Officer a delivery schedule showing the maximum sustainable http://dodprocurementtoolbox.com/site/uidregistry/ rate of delivery for items in this contract. This delivery schedule shall provide acceleration by month up to the maximum sustainable rate of delivery achievable within the Contractor's existing facilities, equipment, and subcontracting structure.

(3) The Contractor shall not revise the option delivery schedule without approval from the Contracting Officer.

(c) Exercise of option.

(1) The Contracting Officer may exercise this option at any time before acceptance by the Government of the final scheduled delivery.

(2) The Contracting Officer will provide a preliminary oral or written notice to the Contractor stating the quantities to be added or accelerated under the terms of this clause, followed by a contract modification incorporating the transmitted information and instructions. The notice and modification will establish a not-to-exceed price equal to the highest contract unit price or cost of the added or accelerated items as of the date of the notice.

(3) The Contractor will not be required to deliver at a rate greater than the maximum sustainable delivery rate under paragraph (b)(2) of this clause, nor will the exercise of this option extend delivery more than 24 months beyond the scheduled final delivery.

(d) Price negotiation.

(1) Unless the option cost or price was previously agreed upon, the Contractor shall, within 30 days from the date of option exercise, submit to the Contracting Officer a cost or price proposal (including a cost breakdown) for the added or accelerated items.

(2) Failure to agree on a cost or price in negotiations resulting from the exercise of this option shall constitute a dispute concerning a question of fact within the meaning of the Disputes clause of this contract. However, nothing in this clause shall excuse the Contractor from proceeding with the performance of the contract, as modified, while any resulting claim is being settled.

252.225-7027

Restriction on Contingent Fees for Foreign

Military Sales.

2003-04

RESTRICTION ON CONTINGENT FEES FOR FOREIGN MILITARY SALES

(APR 2003)

(a) Except as provided in paragraph (b) of this clause, contingent fees, as defined in the Covenant Against Contingent Fees clause of this contract, are generally an allowable cost, provided the fees are paid to—

(1) A bona fide employee of the Contractor; or

(2) A bona fide established commercial or selling agency maintained by the Contractor for the purpose of securing business.

(b) For foreign military sales, unless the contingent fees have been identified and payment approved in writing by the foreign customer before contract award, the following contingent fees are unallowable under this contract:

(1) For sales to the Government(s) of Australia, Taiwan, Egypt, Greece, Israel, Japan, Jordan, Republic of Korea, Kuwait, Pakistan, Philippines, Saudi Arabia, Turkey, Thailand, or Venezuela (Air Force), contingent fees in any amount.

(2) For sales to Governments not listed in paragraph (b)(1) of this clause, contingent fees exceeding $50,000 per foreign military sale case.

252.227-7989

Rights in Technical Data, Computer Software, and Computer Software Documentation – Other than

Commercial Products and Services. (DEVIATION 2026-O0036)

RIGHTS IN TECHNICAL DATA, COMPUTER SOFTWARE, AND COMPUTER

SOFTWARE DOCUMENTATION—OTHER THAN COMMERCIAL PRODUCTS OR

COMMERCIAL SERVICES (DEVIATION 2026-O0036) (FEB 2026)

(a) Definitions. As used in this clause—

“Commercial computer software” means software developed or regularly used for nongovernmental purposes which—

(1) Has been sold, leased, or licensed to the public;

(2) Has been offered for sale, lease, or license to the public;

(3) Has not been offered, sold, leased, or licensed to the public but will be available for commercial sale, lease, or license in time to satisfy the delivery requirements of this contract; or

(4) Satisfies a criterion expressed in paragraph (1), (2), or (3) of this definition and would require only minor modification to meet the requirements of this contract.

“Computer database” means a collection of data recorded in a form capable of being processed by a computer. The term does not include computer software.

“Computer program” means a set of instructions, rules, or routines recorded in a form that is capable of causing a computer to perform a specific operation or series of operations.

“Computer software” means computer programs, source code, source code listings, object code listings, design details, algorithms, processes, flow charts, formulae and related material that would enable the software to be reproduced, recreated, or recompiled. Computer software does not include computer databases or computer software documentation.

“Computer software documentation” means owner’s manuals, user’s manuals, installation instructions, operating instructions, and other similar items, regardless of storage medium, that explain the capabilities of the computer software or provide instructions for using the software.

“Covered Government support contractor” means a contractor (other than a litigation support contractor covered by 252.204-7014) under a contract, the primary purpose of which is to furnish independent and impartial advice or technical assistance directly to the Government in support of the Government’s management and oversight of a program or effort, rather than to directly furnish an end item or service to accomplish a program or effort, provided that the contractor—

(1) Is not affiliated with the prime contractor or a first-tier subcontractor on the program or effort, or with any direct competitor of such prime contractor or any such first-tier subcontractor in furnishing end items or services of the type developed or produced on the program or effort;

and

(2) Receives access to technical data or computer software for performance of a Government contract that contains the clause at 252.227-7994, Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends.

“Detailed manufacturing or process data” means technical data that describe the steps, sequences, and conditions of manufacturing, processing or assembly used by the manufacturer to produce an item or component or to perform a process.

“Developed” means—

(1) (Applicable to technical data other than computer software documentation.) An item, component, or process exists and is workable. Thus, the item or component must have been constructed or the process practiced. Workability is generally established when the item, component, or process has been analyzed or tested sufficiently to demonstrate to reasonable people skilled in the applicable art that there is a high probability that it will operate as intended.

Whether, how much, and what type of analysis or testing is required to establish workability depends on the nature of the item, component, or process, and the state of the art. To be considered “developed,” the item, component, or process need not be at the stage where it could be offered for sale or sold on the commercial market, nor must the item, component, or process be actually reduced to practice within the meaning of Title 35 of the United States Code;

(2) A computer program has been successfully operated in a computer and tested to the extent sufficient to demonstrate to reasonable persons skilled in the art that the program can reasonably be expected to perform its intended purpose;

(3) Computer software, other than computer programs, has been tested or analyzed to the extent sufficient to demonstrate to reasonable persons skilled in the art that the software can reasonably be expected to perform its intended purpose; or

(4) Computer software documentation the contractor must deliver under a contract has been written, in any medium, in sufficient detail to comply with requirements under that contract.

“Developed exclusively at private expense” means development was accomplished entirely with costs charged to indirect cost pools, costs not allocated to a Government contract, or any combination thereof.

(1) Private expense determinations should be made at the lowest practicable level.

(2) Under fixed-price contracts, when total costs are greater than the firm-fixed-price or ceiling price of the contract, the additional development costs necessary to complete development shall not be considered when determining whether development was at Government, private, or mixed expense.

“Developed exclusively with Government funds” means development was not accomplished exclusively or partially at private expense.

“Developed with mixed funding” means development was accomplished partially with costs charged to indirect cost pools and/or costs not allocated to a government contract, and partially with costs charged directly to a government contract.

“Form, fit, and function data” means technical data that describe the required overall physical, functional, and performance characteristics (along with the qualification requirements, if applicable) of an item, component, or process to the extent necessary to permit identification of physically and functionally interchangeable items.

“Generated” means, with regard to technical data or computer software, first created in the performance of this contract.

“Government purpose” means any activity in which the United States Government is a party, including cooperative agreements with international or multi-national defense organizations, or sales or transfers by the United States Government to foreign governments or international organizations. Government purposes include competitive procurement, but do not include the rights to use, modify, reproduce, release, perform, display, or disclose technical data, computer software, or computer software documentation for commercial purposes or authorize others to do so.

“Government purpose rights” means the rights to—

(1) Use, modify, reproduce, release, perform, display, or disclose technical data, computer software, or computer software documentation within the Government without restriction; and

(2) Release or disclose technical data, computer software, or computer software documentation outside the Government and authorize persons to whom release or disclosure has been made to use, modify, reproduce, release, perform, display, or disclose that data or software for United States Government purposes.

“Limited rights” means the rights to use, modify, reproduce, release, perform, display, or disclose technical data, in whole or in part, within the Government. The Government may not, without the written permission of the party asserting limited rights, release or disclose the technical data outside the Government, use the technical data for manufacture, or authorize the technical data to be used by another party, except that the Government may reproduce, release, or disclose such data or authorize the use or reproduction of the data by persons outside the Government if—

(1) The reproduction, release, disclosure, or use is—

(i) Necessary for emergency repair and overhaul; or

(ii) A release or disclosure to—

(A) A covered Government support contractor in performance of its covered Government support contract for use, modification, reproduction, performance, display, or release or disclosure to a person authorized to receive limited rights technical data; or

(B) A foreign government, of technical data other than detailed manufacturing or process data, when use of such data by the foreign government is in the interest of the Government and is required for evaluational or informational purposes;

(2) The recipient of the technical data is subject to a prohibition on the further reproduction, release, disclosure, or use of the technical data; and

(3) The contractor or subcontractor asserting the restriction is notified of such reproduction, release, disclosure, or use.

“Minor modification” means a modification that does not significantly alter the nongovernmental function or purpose of the software or is of the type customarily provided in the commercial marketplace.

“Other than commercial computer software” means software that does not qualify as commercial computer software under the definition of “commercial computer software” of this clause.

“Restricted rights” apply only to other than commercial computer software and mean the Government’s rights to—

(1) Use a computer program with one computer at one time. The program may not be accessed by more than one terminal or central processing unit or time shared unless otherwise permitted by this contract;

(2) Transfer a computer program to another Government agency without the further permission of the Contractor if the transferor destroys all copies of the program and related computer software documentation in its possession and notifies the licensor of the transfer.

Transferred programs remain subject to the provisions of this clause;

(3) Make a reasonable number of copies of the computer software required for the purposes of safekeeping (archive), backup, modification, or other activities authorized in paragraphs (1), (2), (4) and (5) of this definition;

(4) Modify computer software provided that the Government may—

(i) Use the modified software only as provided in paragraphs (1) and (3) of this definition; and

(ii) Not release or disclose the modified software except as provided in paragraphs (2) and (5) of this clause;

(5) Use, modify, reproduce, perform, display, or release or disclose the computer software, and permit contractors, subcontractors, or covered Government support contractors to do so, for purposes set forth in subparagraph (i) of this paragraph, subject to the conditions set forth in subparagraphs (ii) of this paragraph:

(i)(A) In performance of service contracts (see FAR 37.101), to diagnose and correct deficiencies, to modify the software to enable a computer program to be combined with, adapted to, or merged with other computer programs, or when necessary to respond to urgent tactical situations, provided that the Government notifies the party which has granted restricted rights that any such release or disclosure to particular contractors or subcontractors was made;

(B) To perform emergency repairs or overhaul of items or components procured under this or a related contract, when necessary to perform such repairs or overhaul; or

(C) For the management and oversight of a program or effort by a person authorized to receive restricted rights computer software, including in the performance of covered Government support contracts.

(ii)(A) Any contractor, subcontractor, or covered Government support contractor receiving access to the software for the purposes of subparagraphs (i), (ii), or (iii) of this paragraph shall be subject to the use and nondisclosure agreement at 227.7103-7 or be performing a Government contract that contains the clause at 252.227-7994, Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends;

(B) The Government must not permit any recipient of the software under this paragraph to decompile, disassemble, or reverse engineer the software, or use software decompiled, disassembled, or reverse engineered by the Government pursuant to paragraph (4) of this definition, for any other purpose; and

(C) Any use, modification, reproduction, performance, display, release, or disclosure of the computer software under this paragraph remains subject to the limitations in paragraphs (1) through (4) of this definition.

“Small Business Innovation Research/Small Business Technology Transfer (SBIR/STTR) data” means all technical data or computer software developed or generated in the performance of a phase I, II, or III SBIR/STTR contract or subcontract.

“Technical data” means recorded information, regardless of the form or method of the recording, of a scientific or technical nature (including computer software documentation). The term does not include computer software or financial, administrative, cost or pricing, or management information, or information incidental to contract administration.

“Unlimited rights” means rights to use, modify, reproduce, perform, display, release, or disclose technical data, computer software, or computer software documentation in whole or in part, in any manner, and for any purpose whatsoever, and to have or authorize others to do so.

(b) Applicability. (1) Except as provided in paragraph (b)(2) of this clause—

(i) This clause governs all technical data related to other than commercial products or commercial…