FAR/DFARS Flow-Down Addendum (Revision Date: 1-06-14)
1.
INCORPORATION OF FAR AND DFARS CLAUSES APPLICABLE TO COMMERCIAL ITEMS
A.
To the extent the Order is for Products or Services that will be used, incorporated, delivered, or provided in the performance of
a United States Government Prime Contract or Subcontract, and Buyer has made a determination that such Products or Services are a
“commercial item” (as defined in FAR 2.101), the following clauses of the FAR and the Defense Supplemental Federal Acquisition
Regulations (“DFARS”) shall apply and are incorporated herein by reference as if set forth in full text:
(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (September 2006), Alternate I (October 1995)
(2) 52.203-13, Contractor Code of Business Ethics and Conduct (April 2010)
(3) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (March 2009)
(4) 52.211-15, Defense Priority and Allocation Requirements (April 2008)
(5) 52.219-8, Utilization of Small Business Concerns (May 2004)
(6) 52.222-26, Equal Opportunity (March 2007)
(7) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans
(September 2006)
(8) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998)
(9) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)
(10) 52.222-41, Service Contract Act of 1965 (November 2007)
(11) 52.222-50, Combating Trafficking in Persons (February 2009)
(12) 52.222-54, Employment Eligibility Verification (January 2009)
(13) 52.244-6, Subcontracts for Commercial Items (April 2010)
(14) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (February 2006)
(15) 52.249-4, Termination for Convenience of the Government (Services) (Short Form) (April 1984)
(16) 252.225-7009, Restriction on Acquisition of Certain Articles Containing Specialty Metals (July 2009)
(17) 252.225-7012, Preference for Certain Domestic Commodities (December 2008)
(18) 252.225-7015, Restriction on Acquisition of Hand or Measuring Tools (June 2005)
(19) 252.227-7015, Technical Data – Commercial Items (November 1995)
(20) 252.236-7013, Requirement for Competition Opportunity for American Steel Producers, Fabricators, and Manufacturers (JAN
2009)
(21) 252.246-7003, Notification of Potential Safety Issues (JAN 2007).
(22) 252.247-7023, Transportation of Supplies by Sea (May 2002)
(23) 252.247-7024, Notification of Transportation of Supplies by Sea (March 2000).
B.
If any of the FAR or DFARS clauses identified in paragraph A above are expressly made inapplicable by a threshold amount or
other limitation, they shall be self-deleting.
C.
Where necessary to derive proper meaning in a subcontract situation from these clauses, “Contractor” means “Seller,”
“Contracting Officer” means “Buyer,” “Contract” means the Order and “Government” means “Buyer or the Government.” However, the
words “Government” and “Contracting Officer” do not change: (l) when a right, act, authorization or obligation can be granted or
performed only by the Government or the Prime Contract Contracting Officer or duly authorized representative, (2) when title to
property is held by or to be transferred directly to the Government, and (3) in DFARS 252.227-7015.
D.
Whenever the FAR and DFARS clauses identified in paragraph A above include a requirement for the resolution of disputes
between the parties in accordance with the “Disputes” clause, the dispute shall be disposed of in accordance with the clause entitled
“Disputes and Governing Law” in the Order. Except for references made to the Government’s Disputes clause, any conflict or
inconsistency between the provisions listed in the FAR/DFARS clauses identified in paragraph A above and the clauses set forth
elsewhere in these terms and conditions shall be resolved in favor of the former.
E.
The full text of the clauses identified in paragraph A above may be accessed electronically at: http://farsite.hill.af.mil or
http://www.arnet.gov/far.
2.
INCORPORATION OF FAR AND DFARS CLAUSES APPLICABLE TO OTHER THAN COMMERCIAL ITEMS
A.
To the extent the Order is for Products or Services that will be used, incorporated, delivered, or provided in the performance of
a United States Government Prime Contract or Subcontract, and such Products or Services are other than a “commercial item” (as
defined in FAR 2.101), the FAR and DFARS clauses cited in paragraph E below shall apply and are incorporated herein by reference as
if set forth in full text. The effective version of each FAR or DFARS clause shall be the same version as that which appears in Buyer’s
Prime Contract, or higher-tier subcontract under which the Order is a subcontract. If any of the FAR or DFARS clauses are expressly
made inapplicable by a threshold amount or other limitation, they shall be self-deleting. Whenever the FAR and DFARS clauses include
a requirement for the resolution of disputes between the parties in accordance with the “Disputes” clause, the dispute shall be disposed
of in accordance with the clause entitled “Disputes and Governing Law” in the Order. “Simplified Acquisition Threshold” shall have
Page 1 of 7
the meaning given to it in FAR 2.101. “Certified Cost or Pricing Data Threshold” shall mean the amount set forth in FAR 15.403(a)(1)
for submission of certified cost or pricing data.
B.
Except for references made to the Government’s Disputes clause, any conflict or inconsistency between the provisions listed in
the FAR/DFARS clause citations below and the clauses set forth elsewhere in these terms and conditions shall be resolved in favor of
the former.
C.
Where necessary to derive proper meaning in a subcontract situation from these clauses, “Contractor” means “Seller,”
“Contracting Officer” means “Buyer,” “Contract” means the Order and “Government” means “Buyer or the Government.” However, the
words “Government” and “Contracting Officer” do not change: (l) when a right, act, authorization or obligation can be granted or
performed only by the Government or the Prime Contract Contracting Officer or duly authorized representative, (2) when title to
property is held by or to be transferred directly to the Government, and (3) in FAR 52.227-1, 52.227-2, 52.246-23 and DFARS 252.2277013 and 252.227-7014.
D.
The full text of clauses may be accessed electronically at: http://farsite.hill.af.mil or http://www.arnet.gov/far.
E.
FAR and DFARS clauses:
FAR
Reference
Clause
(1)
52.202-1
DEFINITIONS
(2)
52.203-3
GRATUITIES
NOTE: As used in this clause, “Government” means “Buyer” (except “Government” means “Buyer or
Government” in the phrase “to any officer or employee of the Government”), “hearing” means opportunity to
be heard, and “in any competent court”, means “pursuant to the Disputes clause contained herein.”
Termination under this Clause is for default.
Seller shall cooperate with all investigations of possible gratuity violations, and shall establish a hotline for the
reporting of such violations.
(3)
52.203-5
COVENANT AGAINST CONTINGENT FEES
[Applicable to subcontracts exceeding the Simplified Acquisition Threshold]
(4)
52.203-6
RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT
[Applicable to subcontracts exceeding the Simplified Acquisition Threshold]
(5)
52.203-7
ANTI-KICKBACK PROCEDURES
[Applicable to subcontracts exceeding the Simplified Acquisition Threshold]
(6)
52.203-10
PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY
NOTE: In addition, Seller shall indemnify and hold Buyer harmless from and against any loss, cost or damage
incurred by Buyer under Buyer’s contracts with its customers, including interest assessed by the Government,
as a result of Seller’s or Seller’s Subcontractors’ violation of the Office of Federal Procurement Policy
(OFPP) Act of 1988 (41 USC 423).
[Applicable to subcontracts exceeding the Simplified Acquisition Threshold]
(7)
52.203-12
LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS
[Applicable to subcontracts exceeding the Simplified Acquisition Threshold]
(8)
52.203-13
CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT
[Applicable to subcontracts of $5,000,000 or more with performance period exceeding 120 days]
(9)
52.203-14
DISPLAY OF HOTLINE POSTERS
[Applicable to subcontracts of $5,000,000 or more unless performed entirely outside United States]
(10) 52.203-15
WHISTLEBLOWER PROTECTIONS UNDER THE AMERICAN RECOVERY AND REINVESTMENT
ACT OF 2009
[Applicable to subcontracts funded in whole or in part with Recovery Act funds]
(11) 52.204-2
SECURITY REQUIREMENTS
NOTE: Delete paragraph (c)
[Applicable to subcontracts that require access to classified information]
(12) 52.209-6
PROTECTING THE GOVERNMENT’S INTEREST WHEN SUBCONTRACTING WITH
CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT
[Applicable to subcontracts of $30,000 or more]
(13) 52.211-5
MATERIAL REQUIREMENTS
(14) 52.211-15
DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS
[Applicable to rated orders]
(15) 52.214-26
AUDIT & RECORDS – SEALED BIDDING
[Applicable to subcontracts expected to exceed the Certified Cost or Pricing Data Threshold]
Page 2 of 7
(16)
52.214-27
(17)
52.214-28
(18)
52.215-2
(19)
52.215-10
(20)
52.215-11
(21)
52.215-12
(22)
52.215-13
(23)
52.215-14
(24)
52.215-15
(25)
52.215-16
(26)
52.215-17
(27)
52.215-18
(28)
52.215-19
(29)
52.215-20
(30)
52.215-21
(31)
52.215-22
(32)
52.215-23
(33)
52.216-7
(34)
52.219-8
PRICE REDUCTIONS FOR DEFECTIVE COST OR PRICING DATA – MODIFICATIONS – SEALED
BIDDING
[Applicable to subcontracts expected to exceed the Certified Cost or Pricing Data Threshold where
subcontract was solicited through sealed-bidding procedures]
SUBCONTRACTOR COST OR PRICING DATA – MODIFICATIONS -- SEALED BIDDING
[Applicable to subcontracts expected to exceed the Certified Cost or Pricing Data Threshold where
subcontract was solicited through sealed-bidding procedures]
AUDIT & RECORDS – NEGOTIATION
[Applicable to subcontracts exceeding the Simplified Acquisition Threshold]
PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA
NOTE: In addition, Seller shall indemnify and hold Buyer harmless from and against any loss, cost or damage
incurred by Buyer under Buyer’s contracts with its customers, including interest assessed by the Government,
as a direct or indirect result of Seller’s or Seller’s Subcontractors’ providing cost or pricing data that were not
complete, accurate and current, or providing any other data that were not accurate, in connection with this
provision.
[Applicable to subcontracts expected to exceed the Certified Cost or Pricing Data Threshold]
PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA – MODIFICATIONS
[Applicable if FAR 52.215.10 is not applicable to the Order]
SUBCONTRACTOR COST OR PRICING DATA
NOTE: In addition, Seller shall indemnify and hold Buyer harmless from and against any loss, cost or damage
incurred by Buyer under Buyer’s contracts with its customers as a direct or indirect result of Seller’s or
Seller’s Subcontractors’ providing certificates based on defective cost or pricing data in connection with this
provision.
[Applicable to subcontracts expected to exceed the Certified Cost or Pricing Data Threshold]
SUBCONTRACTOR COST OR PRICING DATA – MODIFICATIONS
[Applicable if FAR 52.215.11 is applicable to the Order]
INTEGRITY OF UNIT PRICES & ALTERNATE I
Note: Delete paragraph (b)
[Applicable to subcontracts expected to exceed the Simplified Acquisition Threshold, other than subcontracts
for services]
PENSION ADJUSTMENTS AND ASSET REVERSIONS
[Applicable to subcontracts expected to exceed the Certified Cost or Pricing Data Threshold]
FACILITIES CAPITAL COST OF MONEY
[Applicable if subcontractor has included facilities capital cost of money in its proposal]
WAIVER OF FACILITIES CAPITAL COST OF MONEY
[Applicable if subcontractor has not included facilities capital cost of money in its proposal]
REVERSION OR ADJUSTMENT OF PLANS FOR POST RETIREMENT BENEFITS (PRB) OTHER
THAN PENSIONS
[Applicable to subcontracts expected to exceed the Certified Cost or Pricing Data Threshold]
NOTIFICATION OF OWNERSHIP CHANGES
[Applicable to subcontracts expected to exceed the Certified Cost or Pricing Data Threshold]
REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR
PRICING DATA
REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR
PRICING DATA – MODIFICATIONS
LIMITATION ON PASS-THROUGH CHARGES – IDENTIFICATION OF SUBCONTRACT EFFORT
[Applicable to subcontracts expected to exceed the Certified Cost or Pricing Data Threshold]
LIMITATION ON PASS-THROUGH CHARGES
[Applicable to subcontracts expected to exceed the Certified Cost or Pricing Data Threshold]
ALLOWABLE COST AND PAYMENT
[Applicable to cost-reimbursement and time-and-materials subcontracts]
UTILIZATION OF SMALL BUSINESS CONCERNS
[Applicable to subcontracts expected to exceed the Simplified Acquisition Threshold]
Page 3 of 7
(35)
52.219-9
(36)
52.222-4
(37)
(38)
(39)
(40)
52.222-20
52.222-21
52.222-26
52.222-35
(41)
52.222-36
(42)
52.222-37
(43)
52.222-41
(44)
(45)
52.222-50
52.222-54
(46)
52.223-3
(47)
52.223-6
(48)
52.223-7
(49)
(50)
(51)
(52)
52.223-11
52.225-1
52.225-2
52.225-3
(53)
(54)
52.225-4
52.225-5
(55)
52.225-8
(56)
(57)
52.225-13
52.227-1
(58)
52.227-2
(59)
52.227-9
(60)
52.227-10
(61)
(62)
52.227-14
52.227-19
SMALL BUSINESS SUBCONTRACTING PLAN
[Applicable to subcontracts exceeding $650,000 unless subcontract will be performed entirely outside United
States]
NOTE: This clause does not apply to small business concerns.
CONTRACT WORK HOURS AND SAFETY STANDARDS ACT—OVERTIME COMPENSATION
[Applicable to subcontracts exceeding $150,000 unless subcontract is to be performed entirely outside United
States]
WALSH-HEALEY PUBLIC CONTRACTS ACT
PROHIBITION OF SEGREGATED FACILITIES
EQUAL OPPORTUNITY
EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM
ERA, AND OTHER ELIGIBLE VETERANS
[Applicable to subcontracts of $100,000 or more]
AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES
[Applicable to subcontracts of $150,000 or more]
EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM
ERA, AND OTHER ELIGIBLE VETERANS
[Applicable to subcontracts of $100,000 or more]
SERVICE CONTRACT ACT OF 1965
[Applicable to all subcontracts for services]
COMBATING TRAFFICKING IN PERSONS
EMPLOYMENT ELIGIBILITY VERIFICATION
[Applicable to subcontracts exceeding the Simplified Acquisition Threshold]
HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA
[Applicable to subcontracts that require delivery of hazardous material as defined in FAR 23.301]
DRUG-FREE WORKPLACE
[Applicable to subcontracts exceeding the Simplified Acquisition Threshold, unless performed entirely
outside the United States]
NOTICE OF RADIOACTIVE MATERIALS
[Applicable to all subcontracts for the supply or service of radioactive material]
OZONE-DEPLETING SUBSTANCES
BUY AMERICAN ACT—SUPPLIES
BUY AMERICAN ACT CERTIFICATE
BUY AMERICAN ACT—FREE TRADE AGREEMENTS—ISRAELI TRADE ACT
[Applicable to subcontracts whose value is exceeds $25,000 but is less than $203,000]
BUY AMERICAN ACT—FREE TRADE AGREEMENTS—ISRAELI TRADE ACT CERTIFICATE
TRADE AGREEMENTS
[Applicable to subcontracts whose value is $203,000 or more]
DUTY-FREE ENTRY
[Applicable to subcontracts involving the importation of duty-free items, or other foreign supplies in excess of
the Simplified Acquisition Threshold]
RESTRICTIONS ON CERTAIN FOREIGN PURCHASES
AUTHORIZATION AND CONSENT
[Applicable to subcontracts exceeding the Simplified Acquisition Threshold when both complete performance
and delivery are outside the United States]
NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENTS
[Applicable to subcontracts exceeding the Simplified Acquisition Threshold except when both complete
performance and delivery are outside the United States]
REFUND OF ROYALTIES
[Applicable to negotiated subcontracts in which royalty payments are contemplated]
FILING OF PATENT APPLICATIONS – CLASSIFIED SUBJECT MATTER
[Applicable to subcontracts that cover or are likely to cover classified subject matter]
RIGHTS IN DATA—GENERAL
COMMERCIAL COMPUTER SOFTWARE LICENSE
Page 4 of 7
(63)
52.227-21
(64)
(65)
52.227-22
52.228-7
(66)
52.229-3
(67)
52.229-4
(68)
52.229-6
(69)
52.229-8
(70)
(71)
52.230-6
52.234-1
(72)
52.242-1
(73)
52.242-13
(74)
52.243-6
(75)
52.244-2
(76)
52.244-5
(77)
52.245-1
(78)
52.245-9
(79)
52.246-1
(80)
52.247-63
(81)
52.247-64
(82)
52.248-1
(83)
52.249-4
(84)
52.249-6
TECHNICAL DATA DECLARATION, REVISION, AND WITHHOLDING OF PAYMENT – MAJOR
SYSTEMS
[Applicable to subcontracts for major systems acquisitions]
MAJOR SYSTEM—MINIMUM RIGHTS
INSURANCE – LIABILITY TO THIRD PERSONS
[Applicable to cost-reimbursement subcontracts]
FEDERAL, STATE, AND LOCAL TAXES
[Applicable to fixed-price subcontracts exceeding the Simplified Acquisition Threshold to be performed
entirely in United States]
FEDERAL, STATE, AND LOCAL TAXES (STATE AND LOCAL ADJUSTMENTS)
[Applicable to fixed-price subcontracts exceeding the Simplified Acquisition Threshold to be performed
entirely in United States, instead of FAR 52.229-3, if price would otherwise an inappropriate contingency for
postaward changes in state or local taxes]
TAXES – FOREIGN FIXED-PRICE CONTRACTS
[Applicable to fixed-price subcontracts exceeding the Simplified Acquisition Thresholdto be performed in
whole or in part in a foreign country, unless subcontract is with foreign government]
TAXES – FOREIGN COST-REIMBURSEMENT CONTRACTS
[Applicable to cost-reimbursement subcontracts to be performed in whole or in part in a foreign country,
unless subcontract is with foreign government]
ADMINISTRATION OF COST ACCOUNTING STANDARDS
INDUSTRIAL RESOURCES DEVELOPED UNDER DEFENSE PRODUCTION ACT TITLE III
[Applicable to subcontracts for major systems and supply items]
NOTICE OF INTENT TO DISALLOW COSTS
[Applicable to cost-reimbursement, fixed-price incentive, or price redeterminable subcontracts]
BANKRUPTCY
[Applicable to subcontracts exceeding the Simplified Acquisition Threshold]
CHANGE ORDER ACCOUNTING
[Applicable to supply subcontracts of significant technical complexity]
SUBCONTRACTS ALTERNATE I
[Applicable to fixed-price where unpriced contract actions are anticipated, letter, time-and-materials, and
labor- subcontracts exceeding the Simplified Acquisition Threshold, or cost-reimbursement contracts]
COMPETITION IN SUBCONTRACTING
[Applicable to subcontracts exceeding the Simplified Acquisition Threshold except for fixed price contracts
based on adequate competition or time and materials or labor hours contracts]
GOVERNMENT PROPERTY
[Applicable to all subcontracts that involve government-furnished property]
NOTE: The following is added as paragraph (n): “Seller shall provide Buyer immediate notice of any
disapproval, withdrawal of approval, or non-acceptance by the Government of its property control system.”
USE AND CHARGES
[Applicable to all subcontracts that involve government-furnished property]
CONTRACTOR INSPECTION REQUIREMENTS
[Applicable to subcontracts below the Simplified Acquisition Threshold]
PREFERENCE FOR U.S. FLAG AIR CARRIERS
[Applicable to subcontracts that involve international air transportation]
PREFERENCE FOR PRIVATELY OWNED U.S.-FLAG COMMERCIAL VESSELS
[Applicable to subcontracts that involve ocean transportation of supplies]
VALUE ENGINEERING
[Applicable to subcontracts exceeding the Simplified Acquisition Threshold, except as specified in FAR
48.201(a)]
TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (SERVICES) (SHORT-FORM)
[Applicable to fixed-price subcontracts for services, if the subcontractor would not incur substantial charges in
preparing for and carrying out the contract and would limit termination settlement charges to services
rendered before the date of termination]
TERMINATION (COST-REIMBURSEMENT)
[Applicable to cost-reimbursement subcontracts]
Page 5 of 7
(1)
DFARS
Reference
252.203-7001
(2)
252.211-7000
(3)
252.211-7007
(4)
252.215-7000
(5)
252.215-7002
(6)
252.215-7004
(7)
252.219-7003
(8)
252.222-7006
(9)
252.223-7001
(10)
(11)
252.225-7000
252.225-7001
(12)
(13)
252.225-7002
252.225-7006
(14)
252.225-7007
(15)
252.225-7009
(16)
252.225-7012
(17)
252.225-7015
(18)
252.225-7016
(19)
252.226-7001
(20)
252.227-7013
(21)
252.227-7014
(22)
(23)
252.227-7016
252.227-7019
(24)
252.227-7020
Clause
PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE- CONTRACTRELATED FELONIES
[Applicable to subcontracts exceeding the Simplified Acquisition Threshold]
ACQUISITION STREAMLINING
[Applicable to subcontracts for systems acquisition programs]
REPORTING OF GOVERNMENT-FURNISHED EQUIPMENT IN THE DOD ITEM UNIQUE
IDENTIFICATION (IUID) REGISTRY
[Applicable to subcontracts containing FAR 52.245-1 or 52.245-2]
PRICING ADJUSTMENTS
[Applicable when it is contemplated that cost or pricing data will be required]
COST ESTIMATING SYSTEM REQUIREMENTS
[Applicable when it is contemplated that cost or pricing data will be required]
EXCESSIVE PASS-THROUGH CHARGES
[Applicable to subcontracts other than firm-fixed-price subcontracts awarded on basis of adequate price
competition and fixed-price contracts with economic price adjustment]
SMALL BUSINESS SUBCONTRACTING PLAN (DoD CONTRACTS)
[Applicable to any subcontract when FAR clause 52.219-9 applies]
RESTRICTIONS ON THE USE OF MANDATORY ARBITRATION AGREEMENTS
[Applicable to subcontracts valued in excess of $1 million utilizing funds appropriated or otherwise made
available by the Fiscal Year 2010 Defense Appropriations Act (Pub. L. 111-118)]
HAZARD WARNING LABELS
[Applicable to subcontracts requiring submission of hazardous material data sheets]
BUY AMERICAN ACT AND BALANCE OF PAYMENTS PROGRAM CERTIFICATE
BUY AMERICAN ACT AND BALANCE OF PAYMENTS PROGRAM
[Applicable unless one of the conditions in DFARS 225.1101(2) applies]
QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS
QUARTERLY REPORTING OF ACTUAL CONTRACT PERFORMANCE OUTSIDE THE UNITED
STATES
[Applicable to subcontracts expected to exceed $650,000]
PROHIBITION ON ACQUISITION OF UNITED STATES MUNITIONS LIST ITEMS FROM
COMMUNIST CHINESE MILITARY COMPANIES
[Applicable to subcontracts for items on U.S. Munitions List]
RESTRICTION ON ACQUISITION OF CERTAIN ARTICLES CONTAINING SPECIALTY METALS
[Applicable to subcontracts exceeding the Simplified Acquisition Threshold]
PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES
[Applicable to subcontracts exceeding the Simplified Acquisition Threshold]
RESTRICTION ON ACQUISITION OF HAND OR MEASURING TOOLS
[Applicable to subcontracts exceeding the Simplified Acquisition Threshold requiring the delivery of hand
or measuring tools]
RESTRICTION ON ACQUISITION OF BALL AND ROLLER BEARINGS
[Applicable to subcontracts for acquisition of non-commercial items containing ball or roller bearings]
UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC ENTERPRISES, AND
NATIVE HAWAIIAN SMALL BUSINESS CONCERNS
[Applicable to subcontracts exceeding $500,000]
RIGHTS IN TECHNICAL DATA - NONCOMMERCIAL ITEMS
[Applicable to subcontracts where subcontractor’s technical data is deliverable to Buyer/Government]
RIGHTS IN NONCOMMERCIAL COMPUTER SOFTWARE AND NONCOMMERCIAL COMPUTER
SOFTWARE DOCUMENTATION
[Applicable to subcontracts where subcontractor’s noncommercial computer software or computer software
documentation is deliverable to Buyer/Government]
RIGHTS IN BID OR PROPOSAL INFORMATION
VALIDATION OF ASSERTED RESTRICTIONS -- COMPUTER SOFTWARE
[Applicable to subcontracts where subcontractor’s computer software is deliverable to Buyer/Government]
RIGHTS IN SPECIAL WORKS
Page 6 of 7
(25)
DFARS
Reference
252.227-7025
(26)
(27)
(28)
252.227-7026
252.227-7030
252.227-7037
(29)
(30)
252.227-7039
252.228-7005
(31)
252.231-7000
(32)
252.242-7004
(33)
252.243-7001
(34)
252.246-7001
(35)
252.246-7003
(36)
252.247-7003
(37)
(38)
(39)
252.247-7023
252.247-7024
252.249-7002
Clause
LIMITATIONS ON THE USE OR DISCLOSURE OF GOVERNMENT-FURNISHED INFORMATION
MARKED WITH RESTRICTIVE LEGENDS
[Applicable to subcontracts where it is anticipated that Buyer/Government will provide subcontractor
technical data marked with another contractor’s restrictive legend]
DEFERRED DELIVERY OF TECHNICAL DATA OR COMPUTER SOFTWARE
TECHNICAL DATA -- WITHHOLDING OF PAYMENT
VALIDATION OF RESTRICTIVE MARKINGS ON TECHNICAL DATA
NOTE: Paragraph F of the Disputes clause of this Agreement shall be substituted in place of any reference
to the Contract Disputes Act of 1978 and the procedures therein.
[Applicable to subcontracts involving the delivery of technical data]
PATENTS - REPORTING OF SUBJECT INVENTIONS
ACCIDENT REPORTING AND INVESTIGATION INVOLVING AIRCRAFT, MISSILES, AND
SPACE LAUNCH VEHICLES
SUPPLEMENTAL COST PRINCIPLES
[Applicable to subcontracts which are subject to the principles and procedures described in FAR Subparts
31.1, 31.2, 31.6, and 31.7]
MATERIAL MANAGEMENT AND ACCOUNTING SYSTEM
[Applicable to any subcontract exceeding the Simplified Acquisition Thresholdthat is either (a) costreimbursement or (b) fixed price with progress/other financing payments]
PRICING OF CONTRACT MODIFICATIONS
[Applicable to fixed price subcontracts]
WARRANTY OF DATA
[Applicable to subcontracts that include DFARS 252.227-7013]
NOTIFICATION OF POTENTIAL SAFETY ISSUES
NOTE: Subcontractor must notify Buyer, the Administrative Contracting Officer, and the Procuring
Contracting Officer of nonconformances or deficiencies within the scope of paragraph (b).
PASS-THROUGH OF MOTOR CARRIER FUEL SURCHARGE ADJUSTMENT TO THE COST
BEARER
[Applicable to subcontracts for carriage in which a motor carrier, broker, or freight forwarder will provide
or arrange truck transportation services that provide for a fuel-related adjustment.]
TRANSPORTATION OF SUPPLIES BY SEA
NOTIFICATION OF TRANSPORTATION OF SUPPLIES BY SEA
NOTIFICATION OF PROPOSED CONTRACT TERMINATION OR REDUCTION
[Applicable to subcontracts involving major defense systems]
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