DFARS Part 52a

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***Part a is made up of 252.1 through 252.217

PART A TABLE OF CONTENTS

SUBPART 252.1--INSTRUCTIONS FOR USING PROVISIONS AND CLAUSES
252.101 Using Part 252.

SUBPART 252.2--TEXTS OF PROVISIONS AND CLAUSES
252.201-7000 Contracting Officer's Representative.
252.203-7000 Reserved.
252.203-7001 Special Prohibition on Employment.
252.203-7002 Display of DoD Hotline Poster.
252.204-7000 Disclosure of Information.
252.204-7001 Commercial and Government Entity (CAGE) Code Reporting
252.204-7002 Payment for Subline Items Not Separately Priced.
252.204-7003 Control of Government Personnel Work Product.
252.205-7000 Provision of Information to Cooperative Agreement Holders.
252.206-7000 Domestic Source Restriction.
252.208-7000 Intent to Furnish Precious Metals as Government-Furnished Material.
252.209-7000 Acquisition from Subcontractors Subject to On-Site Inspection Under the Intermediate-Range Nuclear Forces (INF) Treaty.
252.209-7001 Disclosure of Ownership or Control by the Government of a Terrorist Country.
252.209-7002 Disclosure of Ownership or Control by a Foreign Government.
252.209-7003 Reserved.
252.209-7004 Reserved.
252.209-7005 Military Recruiting on Campus.
252.211-7000 Acquisition Streamlining.
252.211-7001 Availability of Specifications and Standards Not Listed in DODISS, Data Item Descriptions Not Listed in DoD 5010.12-L, and Plans, Drawings, and Other Pertinent Documents.
252.211-7002 Availability for Examination of Specifications, Standards, Plans, Drawings, Data Item Descriptions, and Other Pertinent Documents.
252.211-7003 Brand Name or Equal.
252.211-7004 Alternate Preservation, Packaging, and Packing.
[per DFARS Case 97-D014 and D.L. 97-017, dated 20 August 97]
252.211-7005 Substitutions for Military or Federal Specifications and Standards].
252.212-7000 Offeror Representations and Certifications--Commercial Items.
252.212-7001 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items.
252.215-7000 Pricing Adjustments.
252.215-7001 Reserved.
252.215-7002 Cost Estimating System Requirements.
252.216-7000 Economic Price Adjustment--Basic Steel, Aluminum, Brass, Bronze, or Copper Mill Products.
252.216-7001 Economic Price Adjustment--Nonstandard Steel Items.
252.216-7002 Reserved.
252.216-7003 Economic Price Adjustment--Wage Rates or Material Prices Controlled by a Foreign Government.
252.217-7000 Exercise of Option to Fulfill Foreign Military Sales Commitments.
252.217-7001 Surge Option.
252.217-7002 Offering Property for Exchange.
252.217-7003 Changes.
252.217-7004 Job Orders and Compensation.
252.217-7005 Inspection and Manner of Doing Work.
Defense Federal Acquisition Regulation Supplement
252.217-7006 Title.
252.217-7007 Payments.
252.217-7008 Bonds.
252.217-7009 Default.
252.217-7010 Performance.
252.217-7011 Access to Vessel.
252.217-7012 Liability and Insurance.
252.217-7013 Guarantees.
252.217-7014 Discharge of Liens.
252.217-7015 Safety and Health.
252.217-7016 Plant Protection.
252.217-7017 Time of Delivery.
252.217-7018 Change in Plant Location--Bakery and Dairy Products.
252.217-7019 Sanitary Conditions.
252.217-7020 Examination and Testing.
252.217-7021 Deficiency Adjustment.
252.217-7022 Code Dating.
252.217-7023 Marking.
252.217-7024 Responsibility for Containers and Equipment.
252.217-7025 Containers and Equipment.
252.217-7026 Identification of Sources of Supply.
252.217-7027 Contract Definitization.
252.217-7028 Over and Above Work.
252.219-7000 Small Disadvantaged Business Concern Representation (DoD Contracts).
252.219-7001 Notice of Partial Small Business Set-Aside with Preferential Consideration for Small Disadvantaged Business Concerns.
252.219-7002 Notice of Small Disadvantaged Business Set-Aside.
252.219-7003 Small, Small Disadvantaged and Women-Owned Small Business Subcontracting Plan (DoD Contracts).
252.219-7004 Small, Small Disadvantaged and Women-Owned Business Subcontracting Plan (Test Program).
252.219-7005 Incentive for Subcontracting with Small Businesses, Small Disadvantaged Businesses, Historically Black Colleges and Universities, and Minority Institutions.
252.219-7006 Notice of Evaluation Preference for Small Disadvantaged Business Concerns.
252.219-7007 Reserved.
252.219-7008 Notice of Evaluation Preference for Small Disadvantaged Business Concerns--Construction Acquisitions--Test Program.
252.222-7000 Restrictions on Employment of Personnel.
252.222-7001 Right of First Refusal of Employment-Closure of Military Installations.
252.222-7002 Compliance with Local Labor Laws (Overseas).
252.222-7003 Permit from Italian Inspectorate of Labor.
252.222-7004 Compliance with Spanish Social Security Laws and Regulations.
252.223-7000 Reserved.
252.223-7001 Hazard Warning Labels.
252.223-7002 Safety Precautions for Ammunition and Explosives.
252.223-7003 Change in Place of Performance - Ammunition and Explosives.
252.223-7004 Drug-Free Work Force.
252.223-7005 Hazardous Waste Liability.
252.223-7006 Prohibition on Storage and Disposal of Toxic and Hazardous Materials.
252.223-7007 Safeguarding Sensitive Conventional Arms, Ammunition, and Explosives.
252.225-7000 Buy American Act - Balance of Payments Program Certificate.
252.225-7001 Buy American Act and Balance of Payments Program.
252.225-7002 Qualifying Country Sources as Subcontractors.
252.225-7003 Information for Duty-Free Entry Evaluation.
252.225-7004 Reserved.
252.225-7005 Identification of Expenditures in the United States.
252.225-7006 Buy American Act - Trade Agreements - Balance of Payments Program Certificate.
252.225-7007 Trade Agreements.
252.225-7008 Supplies to be Accorded Duty-Free Entry.
252.225-7009 Duty-Free Entry--Qualifying Country End Products and Supplies.
252.225-7010 Duty-Free Entry--Additional Provisions.
252.225-7011 Restriction of Acquisition of Supercomputers.
252.225-7012 Preference for Certain Domestic Commodities.
252.225-7013 Reserved.
252.225-7014 Preference for Domestic Specialty Metals.
252.225-7015 Preference for Domestic Hand or Measuring Tools.
252.225-7016 Restriction on Acquisition of Ball and Roller Bearings.
252.225-7017 Reserved.
252.225-7018 Notice of Prohibition of Certain Contracts with Foreign Entities for the Conduct of Ballistic Missile Defense RDT&E.
252.225-7019 Restriction on Acquisition of Foreign Anchor and Mooring Chain.
252.225-7020 Reserved.
252.225-7021 Reserved.
252.225-7022 Restriction on Acquisition of Polyacrylonitrile (PAN) Based Carbon Fiber.
252.225-7023 Reserved.
252.225-7024 Restriction on Acquisition of Night Vision Image Intensifier Tubes and Devices.
252.225-7025 Restriction on Acquisition of Forgings.
252.225-7026 Reporting of Contract Performance Outside the United States.
252.225-7027 Restriction on Contingent Fees for Foreign Military Sales.
252.225-7028 Exclusionary Policies and Practices of Foreign Governments.
252.225-7029 Preference for United States or Canadian Air Circuit Breakers.
252.225-9030 Restriction on Acquisition of Carbon, Alloy, and Armor Steel Plate.
252.225-7031 Secondary Arab Boycott of Israel.
252.225-7032 Waiver of United Kingdom Levies.
252.225-7033 Restriction on Acquisition of Four Ton Dolly Jacks.
252.225-7034 Reserved.
252.225-7035 Buy American Act--North American Free Trade Agreement Implementation Act--Balance of Payments Program Certificate.
252.225-7036 North American Free Trade Agreement Implementation Act.
252.225-7037 Duty-Free Entry--NAFTA Country End Products and Supplies.
252.225-7038 Restriction on Acquisition of Aircraft Fuel Cells.
252.225-7039 Restriction on Acquisition of Totally Enclosed Lifeboat Survival Systems.
252.225-7040 Reserved.
252.222-7041 Correspondence in English.
252.222-7042 Authorization to Perform.
252.226-7000 Notice of Historically Black College or University and Minority Institution Set-Aside.
252.226-7001 Historically Black College or University and Minority Institution Certification.
252.227-7000 Non-Estoppel.
252.227-7001 Release of Past Infringement.
252.227-7002 Readjustment of Payments.
252.227-7003 Termination.
252.227-7004 License Grant.
252.227-7005 License Term.
252.227-7006 License Grant - Running Royalty.
252.227-7007 License Term - Running Royalty.
252.227-7008 Computation of Royalties.
252.227-7009 Reporting and Payment of Royalties.
252.227-7010 License to Other Government Agencies.
252.227-7011 Assignments.
252.227-7012 Patent License and Release Contract.
252.227-7013 Rights in Technical Data--Noncommercial Items.
252.227-7014 Rights in Noncommercial Computer Software and Noncommerical Computer Software Documentation.
252.227-7015 Technical Data--Commercial Items.
252.227-7016 Rights in Bid or Proposal Information.
252.227-7017 Identification and Assertion of Use, Release, or Disclosure Restrictions.
252.227-7018 Rights in Noncommercial Technical Data and Computer Software--Small Business Innovation Research (SBIR) Program.
252.227-7019 Validation of Asserted Restrictions--Computer Software.
252.227-7020 Rights in Special Works.
252.227-7021 Rights in Data--Existing Works.
252.227-7022 Government Rights (Unlimited).
252.227-7023 Drawings and Other Data to become Property of Government.
252.227-7024 Notice and Approval of Restricted Designs.
252.227-7025 Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends.
252.227-7026 Deferred Delivery of Technical Data or Computer Software.
252.227-7027 Deferred Ordering of Technical Data or Computer Software.
252.227-7028 Technical Data or Computer Software Previously Delivered to the Government.
252.227-7029 Reserved.
252.227-7030 Technical Data--Withholding of Payment.
252.227-7031 Reserved.
252.227-7032 Rights in Technical Data and Computer Software (Foreign).
252.227-7033 Rights in Shop Drawings.
252.227-7034 Patents--Subcontracts.
252.227-7035 Reserved.
252.227-7036 Certification of Technical Data Conformity.
252.227-7037 Validation of Restrictive Markings on Technical Data.
252.227-7038 Reserved.
252.227-7039 Patents--Reporting of Subject Inventions.
252.228-7000 Reimbursement for War-Hazard Losses.
252.228-7001 Ground and Flight Risk.
252.228-7002 Aircraft Flight Risk.
252.228-7003 Capture and Detention.
252.228-7004 Bonds or Other Security.
252.228-7005 Accident Reporting and Investigation Involving Aircraft, Missiles, and Space Launch Vehicles.
252.228-7006 Compliance with Spanish Laws and Insurance.
252.229-7000 Invoices Exclusive of Taxes or Duties.
252.229-7001 Tax Relief.
252.229-7002 Customs Exemptions (Germany).
252.229-7003 Tax exemptions (Italy).
252.229-7004 Status of Contractor as a Direct Contractor (Spain).
252.229-7005 Tax Exemptions (Spain).
252.229-7006 Value Added Tax Exclusion (United Kingdom).
252.229-7007 Verification of United States Receipt of Goods.
252.229-7008 Relief from Import Duty (United Kingdom).
252.229-7009 Relief From Customs Duty and Value Added Tax on Fuel (Passenger Vehicles) (United Kingdom).
252.229-7010 Relief from Customs Duty on Fuel (United Kingdom).
252.231-7000 Supplemental Cost Principles.
252.232-7000 Advance Payment Pool.
252.232-7001 Disposition of Payments.
252.232-7002 Progress Payments for Foreign Military Sales Acquisitions.
252.232-7003 Flexible Progress Payments.
252.232-7004 DoD Progress Payment Rates.
252.232-7005 Reimbursement of Subcontractor Advance Payments-DoD Pilot Mentor-Protégé Program.
252.232-7006 Reduction of Suspension of Contract Payments Upon Finding of Fraud.
252.232-7007 Limitation of Government's Obligation.
252.232-7008 Assignment of Claims (Overseas).
252.233-7000 Reserved.
252.233-7001 Choice of Law (Overseas).
252.234-7000 Notice of Earned Value Management System.
252.234-7001 Earned Value Management System.
252.235-7000 Indemnification Under 10 U.S.C. 2354--Fixed Price.
252.235-7001 Indemnification Under 10 U.S.C. 2354--Cost Reimbursement.
252.235-7002 Animal Welfare.
252.235-7003 Frequency Authorization.
252.235-7004 Option to Extend the Term of the Contract.
252.235-7005 Contractor-Acquired Property.
252.235-7006 Title to Contractor-Acquired Property.
252.235-7007 Advance Payments.
252.235-7008 Inspection and Acceptance.
252.235-7009 Restriction on Printing.
252.235-7010 Acknowledgment of Support and Disclaimer.
252.235-7011 Final Scientific or Technical Report.
252.236-7000 Modification Proposals - Price Breakdown.
252.236-7001 Contract Drawings, Maps, and Specifications.
252.236-7002 Obstruction of Navigable Waterways.
252.236-7003 Payment for Mobilization and Preparatory Work.
252.236-7004 Payment for Mobilization and Demobilization.
252.236-7005 Airfield Safety Precautions.
252.236-7006 Cost Limitation.
252.236-7007 Additive or Deductive Items.
252.236-7008 Contract Prices--Bidding Schedules.
252.236-7009 Option for Supervision and Inspection Services.
252.236-7010 Overseas Military Construction--Preference for United States Firms.
252.236-7011 Overseas Architect-Engineer Services--Restriction to United States Firms.
252.237-7000 Notice of Special Standards of Responsibility.
252.237-7001 Compliance with Audit Standards.
252.237-7002 Award to Single Offeror.
252.237-7003 Requirements.
252.237-7004 Area of Performance.
252.237-7005 Performance and Delivery.
252.237-7006 Subcontracting.
252.237-7007 Termination for Default.
252.237-7008 Group Interment.
252.237-7009 Permits.
252.237-7010 Facility Requirements.
252.237-7011 Preparation History.
252.237-7012 Instruction to Offerors (Count-of-Articles).
252.237-7013 Instruction to Offerors (Bulk Weight).
252.237-7014 Loss of Damage (Count-of-Articles).
252.237-7015 Loss or Damage (Weight of Articles).
252.237-7016 Delivery Tickets.
252.237-7017 Individual Laundry.
252.237-7018 Special Definitions of Government Property.
252.237-7019 Identification of Uncompensated Overtime.
252.237-7020 Reserved.
252.237-7021 Reserved.
252.237-7022 Services at Installations Being Closed.
252.239-7000 Protection Against Compromising Emanations.
252.239-7001 Reserved.
252.239-7002 Access.
252.239-7003 Facilities and Services to be Furnished--Common Carriers.
252.239-7004 Orders for Facilities and Services--Common Carriers.
252.239-7005 Rates, Charges, and Services--Common Carriers.
252.239-7006 Tariff Information.
252.239-7007 Cancellation or Termination of Orders--Common Carriers.
252.239-7008 Reuse Arrangements.
252.239-7009 Submission of Cost or Pricing Data--Common Carriers.
252.239-7010 Audit and Records--Common Carriers.
252.239-7011 Special Construction and Equipment Charges.
252.239-7012 Title to Telecommunication Facilities and Equipment.
252.239-7013 Obligation of the Government.
252.239-7014 Term of Agreement.
252.239-7015 Continuation of Communication Service Authorizations.
252.239-7016 Telecommunications Security Equipment, Devices, Techniques, and Services.
252.241-7000 Superseding Contract.
252.241-7001 Government Access.
252.242-7000 Postaward Conference.
252.242-7001 Reserved.
252.242-7002 Reserved.
252.242-7003 Application for U.S. Government Shipping Documentation/Instructions.
252.242-7004 Material Management and Accounting System.
252.242-7005 Cost/Schedule Status Report.
252.242-7006 Cost/Schedule Status Report Plans.
252.243-7000 Engineering Change Proposals.
252.243-7001 Pricing of Contract Modifications.
[per DFARS Case 97-D302 and D.L. 97-014, dated 11 July 97]
252.243-7002 Certification of Requests for Equitable Adjustment.]
252.244-7000 Subcontracts for Commercial Items and Commercial Components (DoDContracts).
252.245-7000 Government-Furnished Mapping, Charting, and Geodesy Property.
252.245-7001 Reports of Government Property.
252.246-7000 Material Inspection and Receiving Report.
252.246-7001 Warranty of Data.
252.246-7002 Warranty of Construction (Germany).
252.247-7000 Hardship Conditions.
252.247-7001 Price Adjustment.
252.247-7002 Revision of Prices.
252.247-7003 Termination.
252.247-7004 Indefinite Quantities--Fixed Charges.
252.274-7005 Indefinite Quantities--No Fixed Charges.
252.247-7006 Removal of Contractor's Employees.
252.247-7007 Liability and Insurance.
252.247-7008 Evaluation of Bids.
252.247-7009 Award.
252.247-7010 Scope of Contract.
252.247-7011 Period of Contract.
252.247-7012 Ordering Limitation.
252.247-7013 Contract Areas of Performance.
252.247-7014 Demurrage.
252.247-7015 Requirements.
252.247-7016 Contractor Liability for Loss or Damage.
252.247-7017 Erroneous Shipments.
252.247-7018 Subcontracting.
252.247-7019 Drayage.
252.247-7020 Additional Services.
252.247-7021 Returnable Cylinders and Others Containers.
252.247-7022 Representation of Extent of Transportation by Sea.
252.247-7023 Transportation of Supplies by Sea.
252.247-7024 Notification of Transportation of Supplies by Sea.
252.247-7025 Reflagging or Repair Work.
252.248-7000 Preparation of Value Engineering Change Proposals.
252.249-7001 Reserved.
252.249-7002 Notification of Anticipated Contract Termination or Reduction.
252.251-7000 Ordering From Government Supply Sources.
252.251-7001 Use of Interagency Fleet Management System (IFMS) Vehicles and Related Services.

PART 252 SOLICITATION PROVISIONS AND CONTRACT CLAUSES

SUBPART 252.1--INSTRUCTIONS FOR USING PROVISIONS AND CLAUSES

252.101 Using Part 252.

(2) Provisions or clauses that supplement the FAR.
(ii)(B) DFARS provisions or clauses use a four digit sequential number in the 7000 series, e.g., -7000, -7001, -7002. Department or agency supplemental provisions or clauses use four digit sequential numbers in the 9000 series.

SUBPART 252.2--TEXTS OF PROVISIONS AND CLAUSES

252.201-7000 Contracting Officer's Representative.
As prescribed in 201.602-70, use the following clause:
CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)

(End of clause)

252.203-7000 Reserved.

252.203-7001 Special Prohibition on Employment.
As prescribed in 203.570-5, use the following clause:
SPECIAL PROHIBITION ON EMPLOYMENT (JUN 1997)

(2) Allowing such a person to serve on the board of directors of the contractor or first-tier subcontractor.

(h) Pursuant to 10 U.S.C. 2408(c), defense contractors and subcontractors may obtain information as to whether a particular person has been convicted of fraud or any other felony arising out of a contract with the DoD by contacting The Office of Justice Programs, The Denial of Benefits Office, U.S. Department of Justice, telephone (202) 616-3507.
(End of clause)

252.203-7002 Display of DoD Hotline Poster.
As prescribed in 203.7002, use the following clause:
DISPLAY OF DOD HOTLINE POSTER (DEC 1991)

(End of clause)

252.204-7000 Disclosure of Information.
As prescribed in 204.404-70(a), use the following clause:
DISCLOSURE OF INFORMATION (DEC 1991)

(End of clause)

252.204-7001 Commercial and Government Entity (CAGE) Code Reporting.
As prescribed in 204.602-70, use the following provision:
COMMERCIAL AND GOVERNMENT ENTITY (CAGE) CODE REPORTING (DEC 1991)
(a) The Offeror is requested to enter its CAGE code on its offer in the block with its name and address. The CAGE code entered must be for that name and address. Enter CAGE before the number.
(b) If the Offeror does not have a CAGE code, it may ask the Contracting Officer to request one from the Defense Logistics Services Center (DLSC). The Contracting Officer will--
(1) Ask the Contractor to complete section B of a DD Form 2051, Request for Assignment of a Commercial and Government Entity (CAGE) Code;
(2) Complete section A and forward the form to DLSC; and
(3) Notify the Contractor of its assigned CAGE code.
(c) Do not delay submission of the offer pending receipt of a CAGE code.
(End of provision)

252.204-7002 Payment for Subline Items Not Separately Priced.
As prescribed in 204.7104-1(b)(3)(iv), use the following clause:
PAYMENT FOR SUBLINE ITEMS NOT SEPARATELY PRICED (DEC 1991)

(End of clause)

252.204-7003 Control of Government Personnel Work Product.
As prescribed in 204.404-70(b), use the following clause:
CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992)
The Contractor's procedures for protecting against unauthorized disclosure of information shall not require Department of Defense employees or members of the Armed Forces to relinquish control of their work products, whether classified or not, to the contractor.
(End of clause)

252.205-7000 Provision of Information to Cooperative Agreement Holders.
As prescribed in 205.470-2, use the following clause:
PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (DEC 1991)

(End of clause)

252.206-7000 Domestic Source Restriction.
As prescribed at 206.302-3-70, use the following provision:
DOMESTIC SOURCE RESTRICTION (DEC 1991)
This solicitation is restricted to domestic sources under the authority of 10 U.S.C. 2304(c)(3). Foreign sources, except Canadian sources, are not eligible for award.
(End of provision)

252.208-7000 Intent to Furnish Precious Metals as Government-Furnished Material.
As prescribed in 208.7305(a), use the following clause:
INTENT TO FURNISH PRECIOUS METALS AS GOVERNMENT-FURNISHED MATERIAL
(DEC 1991)

Deliverable Item


(End of clause)

252.209-7000 Acquisition from Subcontractors Subject to On-Site Inspection Under the Intermediate-Range Nuclear Forces (INF) Treaty.
As prescribed in 209.103-70, use the following clause:
ACQUISITION FROM SUBCONTRACTORS SUBJECT TO ON-SITE INSPECTION
UNDER THE INTERMEDIATE-RANGE NUCLEAR FORCES (INF) TREATY (NOV 1995)

(End of clause)

252.209-7001 Disclosure of Ownership or Control by [the Government of a Terrorist Country.
As prescribed in 209.104-70(a), use the following provision:
DISCLOSURE OF OWNERSHIP OR CONTROL BY
THE GOVERNMENT OF A TERRORIST COUNTRY (SEP 1994)

(1) "Government of a terrorist country" includes the state and the government of a terrorist country, as well as any political subdivision, agency, or instrumentality thereof.
(2) "Terrorist country" means a country determined by the Secretary of State, under section 6(j)(1)(A)) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(i)(A)), to be a country the government of which has repeatedly providedsupport for acts of international terrorism. As of the date of this provision, terrorist countries include: Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria.

(i) Ownership of or beneficial interest in 5 percent or more of the firm's or sub sidiary's securities. Beneficial interest includes holding 5 percent or more of any class of the firm's securities in "nominee shares," "street names," or some other method of holding securities that does not disclose the beneficial owner;

(iv) Ownership of 10 percent or more of the assets of a firm such as equipment, buildings, real estate, or other tangible assets of the firm; or
(v) Holding 50 percent or more of the indebtedness of a firm.
(b) Prohibition on award.

(c) Disclosure.

(1) Identification of each government holding a significant interest; and
(2) A description of the significant interest held by each Government.
(End of provision)

252.209-7002 Disclosure of Ownership or Control by a Foreign Government.
As prescribed in 209.104-70(b), use the following provision:
DISCLOSURE OF OWNERSHIP OR CONTROL BY A FOREIGN GOVERNMENT
(SEP 1994)

As used in this provision--

(2) "Entity controlled by a foreign government"-
(i) Means--
(A) Any domestic or foreign organization or corporation that is effectively owned or controlled by a foreign government; or
(B) Any individual acting on behalf of a foreign government.

(3) "Foreign government" includes the state and the government of any country (other than the United States and its possessions and trust territories) as well as any political subdivision, agency, or instrumentality thereof.
(4) "Proscribed information" means--
(i) Top Secret information;

Offeror's Point of Contact for Questions about Disclosure

Name and Address of Entity Description of Interest,
Controlled by a Foreign Ownership Percentage, and
Government Identification of Foreign
Government
(End of provision)

252.209-7003 Reserved.

252.209-7004 Reserved.

252.209-7005 Military Recruiting on Campus.
As prescribed in 209.470-3, use the following clause:
MILITARY RECRUITING ON CAMPUS (FEB 1996)
(a) Definition.

(b) General.

(c) Agreement.

(End of clause)

252.211-7000 Acquisition Streamlining.
As prescribed in 211.002-70, use the following clause:
ACQUISITION STREAMLINING (DEC 1991)

(1) Acquire systems that meet stated performance requirements;

(End of clause)

252.211-7001 Availability of Specifications and Standards Not Listed in DODISS, Data Item Descriptions Not Listed in DoD 5010.12-L, and Plans, Drawings, and Other Pertinent Documents.
As prescribed in 211.204(c), use the following provision:
AVAILABILITY OF SPECIFICATIONS AND STANDARDS NOT LISTED IN DODISS,
DATA ITEM DESCRIPTIONS NOT LISTED IN DOD 5010.12-L, AND PLANS,
DRAWINGS, AND OTHER PERTINENT DOCUMENTS (DEC 1991)
Offerors may obtain the specifications, standards, plans, drawings, data item descriptions, and other pertinent documents cited in this solicitation by submitting a request to:

Include the number of the solicitation and the title and number of the specification, standard, plan, drawing, or other pertinent document.
(End of provision)

252.211-7002 Availability for Examination of Specifications, Standards, Plans, Drawings, Data Item Descriptions, and Other Pertinent Documents.
As prescribed in 211.204(c), use the following provision:
AVAILABILITY FOR EXAMINATION OF SPECIFICATIONS, STANDARDS, PLANS,
DRAWINGS, DATA ITEM DESCRIPTIONS, AND OTHER PERTINENT DOCUMENTS
(DEC 1991)
The specifications, standards, plans, drawings, data item descriptions, and other pertinent documents cited in this solicitation are not available for distribution but may be examined at the following location:


(Insert complete address)
(End of provision)

252.211-7003 Brand Name or Equal.
As prescribed in 211.270-2, use the following provision:
BRAND NAME OR EQUAL (DEC 1991)
(a) If items in this solicitation are identified as "brand name or equal," the term is intended to be descriptive not restrictive. The "brand name or equal" description is used to portray the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, and other characteristics which "equal" products must meet are specified in the solicitation.
(b) To be considered for award, offers of "equal" products, including products (other than the "brand name" item) of the brand name manufacturer, must--
(1) Meet the salient physical, functional, and other characteristics specified in this solicitation;
(2) Clearly identify the item by--
(i) Brand name, if any; and
(ii) Make or model number;
(3) Include descriptive literature such as cuts, illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and
(4) Clearly describe any modifications the Offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.
(c) The Contracting Officer will evaluate "equal" products on the basis of information furnished by the Offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or securing any information not identified in the offer and reasonably available.
(d) Unless the Offeror clearly indicates in the offer that the product being offered is an "equal" product, the Contracting Officer will consider the offer as offering a brand name product referenced in the solicitation.
(End of provision)

252.211-7004 Alternate Preservation, Packaging, and Packing.
As prescribed in 211.272, use the following provision:
ALTERNATE PRESERVATION, PACKAGING, AND PACKING (DEC 1991)

(viii) Unit container;

(4) Item characteristics, to include--
(i) Material and finish;

(c) If the Contracting Officer does not evaluate or accept the Offeror's proposed alternate commercial or industrial preservation, packaging, or packing, the Offeror agrees to preserve, package, or pack in accordance with the specified military requirements.
(End of provision)

[per DFARS Case 97-D014 and D.L. 97-017, dated 20 August 97
252.211-7005 Substitutions for Military or Federal Specifications and Standards.
As prescribed in 211.273-4, use the following clause:
SUBSTITUTIONS FOR MILITARY OR FEDERAL SPECIFICATIONS AND
STANDARDS (AUG 1997)
(a) Definition. ``SPI process,'' as used in this clause, means a management or manufacturing process that has been accepted previously by the Department of Defense under the Single Process Initiative (SPI) for use in lieu of a specific military or Federal specification or standard. Under SPI, these processes are reviewed and accepted by a Management Council, which includes representatives from the Defense Contract Management Command, the Defense Contract Audit Agency, and the military departments.
(b) Offerors are encouraged to propose SPI processes in lieu of military or Federal specifications and standards cited in the solicitation.
(c) An offeror proposing to use an SPI process shall--

(d) Absent a determination at the head of the contracting activity or program executive officer level that an SPI process is not acceptable for this procurement, the Contractor shall use the following SPI processes in lieu of military or Federal specifications and standards:

(Offeror Insert Information for Each SPI Process)
SPI Process:-----------------------------------------------------------
Facility:--------------------------------------------------------------
Military or Federal Specification or Standard:
----------------------------------------------------------------------
Affected Contract Line Item and Subline Item Number and Requirement Citation:
----------------------------------------------------------------------
----------------------------------------------------------------------
Cognizant Administrative Contracting Officer:
----------------------------------------------------------------------
(End of clause)]

252.212-7000 Offeror Representations and Certifications--Commercial Items.
As prescribed in 212.301(f)(ii), use the following provision:
OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS
(NOV 1995)
(a) Definitions.

(1) Foreign person means any person other than a United States person as defined in Section 16(2) of the Export Administration Act of 1979 (50 U.S.C. App. Sec. 2415).
(2) United States person is defined in Section 16(2) of the Export Administration Act of 1979 and means any United States resident or national (other than an individual resident outside the United States and employed by other than a United States person), any domestic concern (including any permanent domestic establishment of any foreign concern), and any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern which is controlled in fact by such domestic concern, as determined under regulations of the President.
(b) Certification.

(1) Does not comply with the Secondary Arab Boycott of Israel; and
(2) Is not taking or knowingly agreeing to take any action, with respect to the Secondary Boycott of Israel by Arab countries, which 50 U.S.C. App. Sec. 2407(a) prohibits a United States person from taking.
(c) Representation of Extent of Transportation by Sea. (This representation does not apply to solicitations for the direct purchase of ocean transportation services).
(1) The Offeror shall indicate by checking the appropriate blank in paragraph (c)(2) of this provision whether transportation of supplies by sea is anticipated under the resultant contract. The term "supplies" is defined in the Transportation of Supplies by Sea clause of this solicitation.
(2) Representation.

______ Does not anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.
(3) Any contract resulting from this solicitation will include the Transportation of Supplies by Sea clause. If the Offeror represents that it will not use ocean transportation, the resulting contract will also include the Defense Federal Acquisition Regulation Supplement clause at 252.247-7024, Notification of Transportation of Supplies by Sea.
(End of provision)

[per DFARS Case 97-D302 and D.L. 97-014, dated 11 July 97]
252.212-7001 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items.
As prescribed in 212.301(f)(iii), use the following clause:
CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL
ITEMS ([JUL]1997)
(a) The Contractor agrees to comply with the Defense Federal Acquisition Regulation Supplement (DFARS) clause 252.247-7023, Transportation of Supplies by Sea, which isincluded in this contract by reference to implement 10 U.S.C. 2631.
(b) The Contractor agrees to comply with any clause that is checked on the following list of DFARS clauses which, if checked, is included in this contract by reference to implement provisions of law or Executive Orders applicable to acquisitions of commercial items or components.

(____ Alternate I) (15 U.S.C. 644).

______ 252.219-7006 Notice of Evaluation Preference for Small Disadvantaged Business Concerns

______ 252.225-7027 Restriction on Contingent Fees for Foreign Military Sales (22 U.S.C. 2779).

[_____ 252.243-7002 Certification of Requests for Equitable Adjustment (10 U.S.C. 2410)'.]

(c) In addition to the clauses listed in paragraph (e) of the Contract Terms and ConditionsRequired to Implement Statutes or Executive Orders--Commercial Items clause of this contract, the Contractor shall include the terms of the following clause, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract:
252.225-7014, Preference for Domestic Specialty Metals, Alternate I (10 U.S.C. 2241 note).
(End of clause)

[per DFARS Case 95-D708 and D.L. 97-015, dated 29 July 97]
252.215-7000 Pricing Adjustments.
As prescribed in 215.804-8[ ], use the following clause:
PRICING ADJUSTMENTS (DEC 1991)
The term "pricing adjustment," as used in paragraph (a) of the clauses entitled "Price Reduction for Defective Cost or Pricing Data - Modifications," "Subcontractor Cost or Pricing Data," and "Subcontractor Cost or Pricing Data - Modifications," means the aggregate increases and/or decreases in cost plus applicable profits.
(End of clause)

252.215-7001 Reserved.

[per DFARS Case 95-D708 and D.L. 97-015, dated 29 July 97]
252.215-7002 Cost Estimating System Requirements.
As prescribed in 215.811-70(h), use the following clause:
COST ESTIMATING SYSTEM REQUIREMENTS ([JUL 1997])
(a) Definition.

(1) Organizational structure;
(2) Established lines of authority, duties, and responsibilities;
(3) Internal controls and managerial reviews;
(4) Flow of work, coordination, and communication; and
(5) Estimating methods, techniques, accumulation of historical costs, and other analyses used to generate cost estimates.
(b) General.
(1) The Contractor shall establish, maintain, and comply with an estimating system that is consistently applied and produces reliable, verifiable, supportable, and documented cost estimates that are an acceptable basis for negotiation of fair and reasonable prices.
(2) The system should be--
(i) Consistent and integrated with the Contractor's related management systems; and

(End of clause)

[per DFARS Case 95-D708 and D.L. 97-015, dated 29 July 97]
252.216-7000 Economic Price Adjustment--Basic Steel, Aluminum, Brass, Bronze, or Copper MillProducts.
As prescribed in 216.203-4-70(a), use the following clause:
ECONOMIC PRICE ADJUSTMENT--BASIC STEEL, ALUMINUM, BRASS, BRONZE, OR
COPPER MILL PRODUCTS ([JUL] 1997)
(a) Definitions.

(End of clause)

[per DFARS Case 95-D708 and D.L. 97-015, dated 29 July 97]
252.216-7001 Economic Price Adjustment--Nonstandard Steel Items.
As prescribed in 216.203-4-70(b), use the following clause:
ECONOMIC PRICE ADJUSTMENT--NONSTANDARD STEEL ITEMS ([JUL] 1997)

(2) The net price after applying any applicable standard trade discounts offered by the Contractor from its catalog, list, or schedule price. (But see Note 6.)

(End of clause)

252.216-7002 Reserved.

252.216-7003 Economic Price Adjustment--Wage Rates or Material Prices Controlled by a Foreign Government.
As prescribed in 216.203-4-70(c), use the following clause:
ECONOMIC PRICE ADJUSTMENT--WAGE RATES OR MATERIAL PRICES CONTROLLED BY A FOREIGN GOVERNMENT (JUNE 1997)
(a) The Contractor represents that the prices set forth in this contract--

(2) Do not include contingency allowances to pay for possible increases in wage rates or material prices.
(b) If wage rates or material prices are revised by the government named in paragraph (a) of this clause, the Contracting Officer shall make an equitable adjustment in the contract price and shall modify the contract to the extent that the Contractor's actual costs of performing this contract are increased or decreased, as a direct result of the revision, subject to the following:

(c) No modification changing the contract unit price(s) shall be executed until the Contracting Officer has verified the applicable change in the rates or prices set by the government named in paragraph (a) of this clause. The Contractor shall make available its books and records that support a requested change in contract price.
(d) Failure to agree to any adjustment shall be a dispute under the Disputes clause of this contract.
(End of clause)

252.217-7000 Exercise of Option to Fulfill Foreign Military Sales Commitments.
As prescribed in 217.208-70(a), use the following clause:
EXERCISE OF OPTION TO FULFILL FOREIGN MILITARY SALES COMMITMENTS
(DEC 1991)

To Be Determined)
(End of clause)

ALTERNATE I (DEC 1991)
As prescribed in 217.208-70(a)(1), substitute the following paragraph (b) for paragraph (b) of the basic clause:

252.217-7001 Surge Option.
As prescribed in 217.208-70(b), use the following clause:
SURGE OPTION (AUG 1992)

(End of clause)

252.217-7002 Offering Property for Exchange.
As prescribed in 217.7005, use the following provision:
OFFERING PROPERTY FOR EXCHANGE (DEC 1991)

(b) The property is located at (insert address) . Offerors may inspect the property during the period (insert beginning and ending dates and insert hours during day) .
(End of provision)

252.217-7003 Changes.
As prescribed in 217.7104(a), use the following clause:
CHANGES (DEC 1991)

(End of clause)

252.217-7004 Job Orders and Compensation.
As prescribed in 217.7104(a), use the following clause:
JOB ORDERS AND COMPENSATION (DEC 1991)
(a) The Contracting Officer shall solicit bids or proposals and make award of job orders in accordance with FAR Part 14 or 15, as applicable. The issuance of a job order signed by the Contracting Officer constitutes award. The job order shall incorporate the terms and conditions of the Master Agreement.
(b) Whenever the Contracting Officer determines that a vessel, its cargo or stores, would be endangered by delay, or whenever the Contracting Officer determines that military necessity requires that immediate work on a vessel is necessary, the Contracting Officer may issue a written order to perform that work and the Contractor hereby agrees to comply with that order and to perform work on such vessel within its capabilities.
(1) As soon as practicable after the issuance of the order, the Contracting Officer and the Contractor shall negotiate a price for the work and the Contracting Officer shall issue a job order covering the work.
(2) The Contractor shall, upon request, furnish the Contracting Officer with a breakdown of costs incurred by the Contractor and an estimate of costs expected to be incurred in the performance of the work. The Contractor shall maintain, and make available for inspection by the Contracting Officer or the Contracting Officer's representative, records supporting the cost of performing the work.
(3) Failure of the parties to agree upon the price of the work shall constitute a dispute within the meaning of the Disputes clause of the Master Agreement. In the meantime, the Contractor shall diligently proceed to perform the work ordered.
(c) (1) If the nature of any repairs is such that their extent and probable cost cannot be ascertained readily, the Contracting Officer may issue a job order (on a sealed bid or negotiated basis) to determine the nature and extent of required repairs.
(2) Upon determination by the Contracting Officer of what work is necessary, the Contractor, if requested by the Contracting Officer, shall negotiate prices for performance of that work. The prices agreed upon shall be set forth in a modification of the job order.
(3) Failure of the parties to agree upon the price shall constitute a dispute under the Disputes clause. In the meantime, the Contractor shall diligently proceed to perform the work ordered.
(End of clause)

252.217-7005 Inspection and Manner of Doing Work.
As prescribed in 217.7104(a), use the following clause:
INSPECTION AND MANNER OF DOING WORK (JAN 1997)
(a) The Contractor shall perform work in accordance with the job order, any drawings and specifications made a part of the job order, and any change or modification issued under the Changes clause of the Master Agreement.
(b) (1) Except as provided in paragraph (b)(2) of this clause, and unless otherwise specifically provided in the job order, all operational practices of the Contractor and all workmanship, material, equipment, and articles used in the performance of work under the Master Agreement shall be in accordance with the best commercial marine practices and the rules and requirements of the American Bureau of Shipping, the U.S. Coast Guard, and the Institute of Electrical and Electronic Engineers, in effect at the time of Contractor's submission of bid (or acceptance of the job order, if negotiated).

(c) The Government may inspect and test all material and workmanship at any time during the Contractor's performance of the work.
(1) If, prior to delivery, the Government finds any material or workmanship is defective or not in accordance with the job order, in addition to its rights under the Guarantees clause of the Master Agreement, the Government may reject the defective or nonconforming material or workmanship and require the Contractor to correct or replace it at the Contractor's expense.
(2) If the Contractor fails to proceed promptly with the replacement or correction of the material or workmanship, the Government may replace or correct the defective or nonconforming material or workmanship and charge the Contractor the excess costs incurred.
(3) As specified in the job order, the Contractor shall provide and maintain an inspection system acceptable to the Government.

(d) The Contractor shall not permit any welder to work on a vessel unless the welder is, at the time of the work, qualified to the standards established by the U.S. Coast Guard, American Bureau of Shipping, or Department of the Navy for the type of welding being performed. Qualifications of a welder shall be as specified in the job order.
(e) The Contractor shall--
(1) Exercise reasonable care to protect the vessel from fire;

(2) Maintain a reasonable system of inspection over activities taking place in the vicinity of the vessel's magazines, fuel oil tanks, or storerooms containing flammable materials;
(3) Maintain a reasonable number of hose lines ready for immediate use on the vessel at all times while the vessel is berthed alongside the Contractor's pier or in dry dock or on a marine railway;
(4) Unless otherwise provided in a job order, provide sufficient security patrols to reasonably maintain a fire watch for protection of the vessel when it is in the Contractor's custody;
(5) To the extent necessary, clean, wash, and steam out or otherwise make safe, all tanks under alteration or repair;
(6) Furnish the Contracting Officer or designated representative with a "gas-free" or "safe-for-hotwork" certificate , provided by a Marine Chemist or Coast Guard authorized person in accordance with Occupational Safety and Health Administration regulations (29 CFR 1915.14) before any hot work is done on a tank;
(7) Treat the contents of any tank as Government property in accordance with the Government Property (Fixed-Price Contracts) clause; and
(8) Dispose of the contents of any tank only at the direction, or with the concurrence, of the Contracting Officer.
(f) Except as otherwise provided in the job order, when the vessel is in the custody of the Contractor or in dry dock or on a marine railway and the temperature is expected to go as low as 35o F, the Contractor shall take all necessary steps to--
(1) Keep all hose pipe lines, fixtures, traps, tanks, and other receptacles on the vessel from freezing; and
(2) Protect the stern tube and propeller hubs from frost damage.
(g) The Contractor shall, whenever practicable--
(1) Perform the required work in a manner that will not interfere with the berthing and messing of Government personnel attached to the vessel; and
(2) Provide Government personnel attached to the vessel access to the vessel at all times.
(h) Government personnel attached to the vessel shall not interfere with the Contractor's work or workers.
(i) (1) The Government does not guarantee the correctness of the dimensions, sizes, and shapes set forth in any job order, sketches, drawings, plans, or specifications prepared or furnished by the Government, unless the job order requires that the Contractor perform the work prior to any opportunity to inspect.
(2) Except as stated in paragraph (i)(1) of this clause, and other than those parts furnished by the Government, the Contractor shall be responsible for the correctness of the dimensions, sizes, and shapes of parts furnished under this agreement.
(j) The Contractor shall at all times keep the site of the work on the vessel free from accumulation of waste material or rubbish caused by its employees or the work. At the completion of the work, unless the job order specifies otherwise, the Contractor shall remove all rubbish from the site of the work and leave the immediate vicinity of the workarea "broom clean."
(End of clause)

252.217-7006 Title.
As prescribed in 217.7104(a), use the following clause:
TITLE (DEC 1991)
(a) Unless otherwise provided, title to all materials and equipment to be incorporated in a vessel in the performance of a job order shall vest in the Government upon delivery at the location specified for the performance of the work.
(b) Upon completion of the job order, or with the approval of the Contracting Officer during performance of the job order, all Contractor-furnished materials and equipment not incorporated in, or placed on, any vessel, shall become the property of the Contractor, unless the Government has reimbursed the Contractor for the cost of the materials and equipment.
(c) The vessel, its equipment, movable stores, cargo, or other ship's materials shall not be considered Government-furnished property.
(End of clause)

252.217-7007 Payments.
As prescribed in 217.7104(a), use the following clause:
PAYMENTS (DEC 1991)
(a) "Progress payments," as used in this clause, means payments made before completion of work in progress under a job order.
(b) Upon submission by the Contractor of invoices in the form and number of copies directed by the Contracting Officer, and as approved by the Contracting Officer, the Government will make progress payments as work progresses under the job order.
(1) Generally, the Contractor may submit invoices on a semi-monthly basis, unless expenditures justify a more frequent submission.
(2) The Government need not make progress payments for invoices aggregating less than $5,000.

(4) Upon request, the Contractor will furnish the Contracting Officer any reports concerning expenditures on the work to date that the Contracting Officer may require.
(c) The Government will retain until final completion and acceptance of all work covered by the job order, an amount estimated or approved by the Contracting Officer under paragraph (b) of this clause. The amount retained will be in accordance with the rate authorized by Congress for Naval vessel repair contracts at the time of job order award.
(d) The Contracting Officer may direct that progress payments be based on the price of the job order as adjusted as a result of change orders under the Changes clause of the Master Agreement. If the Contracting Officer does not so direct--
(1) Payments of any increases shall be made from time to time after the amount of theincrease is determined under the Changes clause of the Master Agreement; and
(2) Reductions resulting from decreases shall be made for the purposes of subsequent progress payments as soon as the amounts are determined under the Changes clause of the Master Agreement.
(e) Upon completion of the work under a job order and final inspection and acceptance, and upon submission of invoices in such form and with such copies as the Contracting Officer may prescribe, the Contractor shall be paid for the price of the job order, as adjusted pursuant to the Changes clause of the Master Agreement, less any performance reserves deemed necessary by the Contracting Officer, and less the amount of any previous payments.
(f) All materials, equipment, or any other property or work in process covered by the progress payments made by the Government, upon the making of those progress payments, shall become the sole property of the Government, and are subject to the provisions of the Title clause of the Master Agreement.
(End of clause)

252.217-7008 Bonds.
As prescribed in 217.7104(a), use the following clause:
BONDS (DEC 1991)
(a) If the solicitation requires an offeror to submit a bid bond, the Offeror may furnish, instead, an annual bid bond (or evidence thereof) or an annual performance and payment bond (or evidence thereof).
(b) If the solicitation does not require a bid bond, the Offeror shall not include in the price any contingency to cover the premium of such a bond.
(c) Even if the solicitation does not require bonds, the Contracting Officer may nevertheless require a performance and payment bond, in form, amount, and with a surety acceptable to the Contracting Officer. Where performance and payment bond is required, the offer price shall be increased upon the award of the job order in an amount not to exceed the premium of a corporate surety bond.
(d) If any surety upon any bond furnished in connection with a job order under this agreement fails to submit requested reports as to its financial condition or otherwise becomes unacceptable to the Government, the Contracting Officer may require the Contractor to furnish whatever additional security the Contracting Officer determines necessary to protect the interests of the Government and of persons supplying labor or materials in the performance of the work contemplated under the Master Agreement.
(End of clause)

252.217-7009 Default.
As prescribed in 217.7104(a), use the following clause:
DEFAULT (DEC 1991)
(a) The Government may, subject to the provisions of paragraph (b) of this clause, by written notice of default to the Contractor, terminate the whole or any part of a job order if the Contractor fails to--

(2) Make progress, so as to endanger performance of the job order; or
(3) Perform any of the other provisions of this agreement or a job order.
(b) Except for defaults of subcontractors, the Contractor shall not be liable for any excess costs if failure to perform the job order arises from causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather.
(c) If the Contractor's failure to perform is caused by the default of a subcontractor, and if such default arises out of causes beyond the control of both the Contractor and subcontractor, and without the fault or negligence of either, the Contractor shall not be liable for any excess costs for failure to perform, unless the supplies or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the Contractor to perform the job order within the time specified.
(d) If the Government terminates the job order in whole or in part as provided in paragraph (a) of this clause--
(1) The Government may, upon such terms and in such manner as the Contracting Officer may deem appropriate, arrange for the completion of the work so terminated, at such plant or plants, including that of the Contractor, as may be designated by the Contracting Officer.
(i) The Contractor shall continue the performance of the job order to the extent not terminated under the provisions of this clause.

(2) The Government, in addition to any other rights provided in this clause, may require the Contractor to transfer title and delivery to the Government, in the manner and to the extent directed by the Contracting Officer, any completed supplies and such partially completed supplies and materials, parts, tools, dies, jigs, fixtures, plans, drawings, information and contract rights (hereinafter called "manufacturing materials") as the Contractor has specifically produced or specifically acquired for the performance of the terminated part of the job order.
(i) The Contractor shall, upon direction of the Contracting Officer, protect and preserve property in possession of the Contractor in which the Government has an interest.
(ii) The Government shall pay to the Contractor the job order price for completed items of work delivered to and accepted by the Government, and the amount agreed upon by the Contractor and the Contracting Officer formanufacturing materials delivered to and accepted by the Government, and for the protection and preservation of property. Failure to agree shall be a dispute concerning a question of fact within the meaning of the Disputes clause.
(e) If, after notice of termination of the job order, it is determined that the Contractor was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the notice of termination had been issued for the convenience of the Government.
(f) If the Contractor fails to complete the performance of a job order within the time specified, or any extension, the actual damage to the Government for the delay will be difficult or impossible to determine.
(1) In lieu of actual damage, the Contractor shall pay to the Government as fixed, agreed, and liquidated damages for each calendar day of delay the amount, if any, set forth in the job order (prorated to the nearest hour for fractional days).
(2) If the Government terminates the job order, the Contractor shall be liable, in addition to the excess costs provided in paragraph (d) of this clause, for liquidated damages accruing until such time as the Government may reasonably obtain completion of the work.
(3) The Contractor shall not be charged with liquidated damages when the delay arises out of causes beyond the control and without the fault or negligence of the Contractor. Subject to the provisions of the Disputes clause of the Master Agreement, the Contracting Officer shall ascertain the facts and the extent of the delay and shall extend the time for performance when in the judgment of the Contracting Officer, the findings of fact justify an extension.
(g) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law under this agreement.
(End of clause)

252.217-7010 Performance.
As prescribed in 217.7104(a), use the following clause:
PERFORMANCE (DEC 1991)
(a) Upon the award of a job order, the Contractor shall promptly start the work specified and shall diligently prosecute the work to completion. The Contractor shall not start work until the job order has been awarded except in the case of emergency work ordered by the Contracting Officer under the Job Orders and Compensation clause of the Master Agreement.
(b) The Government shall deliver the vessel described in the job order at the time and location specified in the job order. Upon completion of the work, the Government shall accept delivery of the vessel at the time and location specified in the job order.
(c) The Contractor shall, without charge and without specific requirement in a job order,--
(1) Make available at the plant to personnel of the vessel while in dry dock or on a marine railway, sanitary lavatory and similar facilities acceptable to the Contracting Officer;
(2) Supply and maintain suitable brows and gangways from the pier, dry dock, or marine railway to the vessel;
(3) Treat salvage, scrap or other ship's material of the Government resulting from performance of the work as items of Government-furnished property, in accordance with the Government Property (Fixed Price Contracts) clause;
(4) Perform, or pay the cost of, any repair, reconditioning or replacement made necessary as the result of the use by the Contractor of any of the vessel's machinery, equipment or fittings, including, but not limited to, winches, pumps, rigging, or pipe lines; and
(5) Furnish suitable offices, office equipment and telephones at or near the site of the work for the Government's use.

(d) The job order will state whether dock and sea trials are required to determine whether or not the Contractor has satisfactorily performed the work.
(1) If dock and sea trials are required, the vessel shall be under the control of the vessel's commander and crew.
(2) The Contractor shall not conduct dock and sea trials not specified in the job order without advance approval of the Contracting Officer. Dock and sea trials not specified in the job order shall be at the Contractor's expense and risk.
(3) The Contractor shall provide and install all fittings and appliances necessary for dock and sea trials. The Contractor shall be responsible for care, installation, and removal of instruments and apparatus furnished by the Government for use in the trials.
(End of clause)

252.217-7011 Access to Vessel.
As prescribed at 217.7104(a), use the following clause:
ACCESS TO VESSEL (DEC 1991)
(a) Upon the request of the Contracting Officer, the Contractor shall grant admission to the Contractor's facilities and access to vessel, on a non-interference basis, as necessary to perform their respective responsibilities, to a reasonable number of:
(1) Government and other Government contractor employees (in addition to those Government employees attached to the vessel); and
(2) Representatives of offerors on other contemplated Government work.
(b) All personnel granted access shall comply with Contractor rules governing personnel at its shipyard.
(End of clause)

252.217-7012 Liability and Insurance.
As prescribed in 217.7104(a), use the following clause:
LIABILITY AND INSURANCE (DEC 1991)
(a) The Contractor shall exercise its best efforts to prevent accidents, injury, or damage to all employees, persons, and property, in and about the work, and to the vessel or part of the vessel upon which work is done.
(b) Loss or damage to the vessel, materials, or equipment.
(1) Unless otherwise directed or approved in writing by the Contracting Officer, the Contractor shall not carry insurance against any form of loss or damage to thevessel(s) or to the materials or equipment to which the Government has title or which have been furnished by the Government for installation by the Contractor. The Government assumes the risks of loss of and damage to that property.
(2) The Government does not assume any risk with respect to loss or damage compensated for by insurance or otherwise or resulting from risks with respect to which the Contractor has failed to maintain insurance, if available, as required or approved by the Contracting Officer.
(3) The Government does not assume risk of and will not pay for any costs of the following:
(i) Inspection, repair, replacement, or renewal of any defects in the vessel(s) or material and equipment due to--
(A) Defective workmanship performed by the Contractor or its subcontractors;
(B) Defective materials or equipment furnished by the Contractor or its subcontracts; or
(C) Workmanship, materials, or equipment which do not conform to the requirements of the contract, whether or not the defect is latent or whether or not the nonconformance is the result of negligence.
(ii) Loss, damage, liability, or expense caused by, resulting from, or incurred as a consequence of any delay or disruption, willful misconduct or lack of good faith by the Contractor or any of its representatives that have supervision or direction of-
(A) All or substantially all of the Contractor's business; or
(B) All or substantially all of the Contractor's operation at any one plant.
(4) As to any risk that is assumed by the Government, the Government shall be subrogated to any claim, demand or cause of action against third parties that exists in favor of the Contractor. If required by the Contracting Officer, the Contractor shall execute a formal assignment or transfer of the claim, demand, or cause of action.
(5) No party other than the Contractor shall have any right to proceed directly against the Government or join the Government as a co-defendant in any action.
(6) Notwithstanding the foregoing, the Contractor shall bear the first $5,000 of loss or damage from each occurrence or incident, the risk of which the Government would have assumed under the provisions of this paragraph (b).
(c) Indemnification.

(1) The Contractor's obligation to indemnify under this paragraph shall not exceed the sum of $300,000 as a consequence of any single occurrence with respect to any one vessel.
(2) The indemnity includes, without limitation, suits, actions, claims, costs, or demandsof any kind, resulting from death, personal injury, or property damage occurring during the period of performance of work on the vessel or within 90 days after redelivery of the vessel. For any claim, etc., made after 90 days, the rights of the parties shall be as determined by other provisions of this agreement and by law. The indemnity does apply to death occurring after 90 days where the injury was received during the period covered by the indemnity.
(d) Insurance.
(1) The Contractor shall, at its own expense, obtain and maintain the following insurance--
(i) Casualty, accident, and liability insurance, as approved by the Contracting Officer, insuring the performance of its obligations under paragraph (c) of this clause.
(ii) Workers Compensation Insurance (or its equivalent) covering the employees engaged on the work.
(2) The Contractor shall ensure that all subcontractors engaged on the work obtain and maintain the insurance required in paragraph (d)(1) of this clause.
(3) Upon request of the Contracting Officer, the Contractor shall provide evidence of the insurance required by paragraph (d) of this clause.
(e) The Contractor shall not make any allowance in the job order price for the inclusion of any premium expense or charge for any reserve made on account of self-insurance for coverage against any risk assumed by the Government under this clause.
(f) The Contractor shall give the Contracting Officer written notice as soon as practicable after the occurrence of a loss or damage for which the Government has assumed the risk.
(1) The notice shall contain full details of the loss or damage.
(2) If a claim or suit is later filed against the Contractor as a result of the event, the Contractor shall immediately deliver to the Government every demand, notice, summons, or other process received by the Contractor or its employees or representatives.
(3) The Contractor shall cooperate with the Government and, upon request, shall assist in effecting settlements, securing and giving evidence, obtaining the attendance of witnesses, and in the conduct of suits. The Government shall reimburse the Contractor for expenses incurred in this effort, other than the cost of maintaining the Contractor's usual organization.

(End of clause)

252.217-7013 Guarantees.
As prescribed in 217.7104(a), use the following clause:
GUARANTEES (DEC 1991)

(End of clause)

252.217-7014 Discharge of Liens.
As prescribed in 217.7104(a), use the following clause:
DISCHARGE OF LIENS (DEC 1991)

(End of clause)

252.217-7015 Safety and Health.
As prescribed in 217.7104(a), use the following clause:
SAFETY AND HEALTH (DEC 1991)
Nothing contained in the Master Agreement or any job order shall relieve the Contractor of any obligations it may have to comply with--

(End of clause)

252.217-7016 Plant Protection.
As prescribed in 217.7104(a), use the following clause:
PLANT PROTECTION (DEC 1991)

(End of clause)
252.217-7017 Time of Delivery.
As prescribed in 217.7203(a)(1), use the following clause:
TIME OF DELIVERY (DEC 1991)

(End of clause)

ALTERNATE I (DEC 1991)
As prescribed in 217.7203(a)(1), substitute the following paragraph (c) for paragraph (c) of the basic clause:

252.217-7018 Change in Plant Location--Bakery and Dairy Products.
As prescribed in 217.7203(a)(2), use the following clause:
CHANGE IN PLANT LOCATION--BAKERY AND DAIRY PRODUCTS (DEC 1991)

(End of clause)

252.217-7019 Sanitary Conditions.
As prescribed in 217.7203(a)(3), use the following clause:
SANITARY CONDITIONS (DEC 1991)

(End of clause)

ALTERNATE I (DEC 1991)
As prescribed in 217.7203(a)(3), add the following to paragraph (d) of the basic clause:

252.217-7020 Examination and Testing.
As prescribed in 217.7203(b)(1), use the following clause:
EXAMINATION AND TESTING (DEC 1991)

(End of clause)

ALTERNATE I (DEC 1991)
As prescribed in 217.7203(b)(1), add the following to paragraph (d)(2) of the basic clause:

252.217-7021 Deficiency Adjustment.
As prescribed in 217.7203(b)(2), use the following clause:
DEFICIENCY ADJUSTMENT (DEC 1991)

Product Weight Factor

(End of clause)

252.217-7022 Code Dating.
As prescribed in 217.7203(a)(4), use the following clause:
CODE DATING (DEC 1991)

(End of clause)

252.217-7023 Marking.
As prescribed in 217.7203(a)(5), use the following clause:
MARKING (DEC 1991)
Commercial markings are acceptable, notwithstanding any specification references to MIL-STD-129.
(End of clause)

252.217-7024 Responsibility for Containers and Equipment.
As prescribed in 217.7203(a)(6), use the following clause:
RESPONSIBILITY FOR CONTAINERS AND EQUIPMENT (DEC 1991)

(End of clause)

252.217-7025 Containers and Equipment.
As prescribed in 217.7203(b)(3), use the following clause:
CONTAINERS AND EQUIPMENT (DEC 1991)

(End of clause)

252.217-7026 Identification of Sources of Supply.
As prescribed in 217.7303, use the following provision:
IDENTIFICATION OF SOURCES OF SUPPLY (NOV 1995)

TABLE
National Commercial
Line Stock Item Source of Supply Actual
Items Number (Y or N) Company Address Part No. Mfg?
(1) (2) (3) (4) (4) (5) (6)

(1) List each deliverable item of supply and item of technical data.
(2) If there is no national stock number, list "none."
(3) Use "Y" if the item is a commercial item; otherwise use "N." If "Y" is listed, the Offeror need not complete the remaining columns in the table.
(4) For items of supply, list all sources. For technical data, list the source.
(5) For items of supply, list each source's part number for the item.
(6) Use "Y" if the source of supply is the actual manufacturer; "N" if it is not; and "U" if unknown.
(End of provision)

252.217-7027 Contract Definitization.
As prescribed in 217.7406(b), use the following clause:
CONTRACT DEFINITIZATION (FEB 1996)
(a) A ______(insert specific type of contract action) is contemplated. The Contractor agrees to begin promptly negotiating with the Contracting Officer the terms of a definitive contract that will include (1) all clauses required by the Federal Acquisition Regulation (FAR) on the date of execution of the undefinitized contract action, (2) all clauses required by law on the date of execution of the definitive contract action, and (3) any other mutually agreeable clauses, terms, and conditions. The Contractor agrees to submit a ______(insert type of proposal; e.g., fixed-price or cost-and-fee) proposal and cost or pricing data supporting its proposal.
(b) The schedule for definitizing this contract is as follows (insert target date for definitization of the contract action and dates for submission of proposal, beginning of negotiations, and, if appropriate, submission of the make-or-buy and subcontracting plans and cost or pricing data).




(c) If agreement on a definitive contract action to supersede this undefinitized contract action is not reached by the target date in paragraph (b) of this clause, or within any extension of it granted by the Contracting Officer, the Contracting Officer may, with the approval of the head of the contracting activity, determine a reasonable price or fee in accordance with Subpart 15.8 and Part 31 of the FAR, subject to Contractor appeal as provided in the Disputes clause. In any event, the Contractor shall proceed with completion of the contract, subject only to the Limitation of Government Liability clause.
(1) After the Contracting Officer's determination of price or fee, the contract shall be governed by--
(i) All clauses required by the FAR on the date of execution of this underfinitized contract action for either fixed-price or cost-reimbursementcontracts, as determined by the Contracting Officer under this paragraph (c);
(ii) All clauses required by law as of the date of the Contracting Officer's determination; and
(iii) Any other clauses, terms, and conditions mutually agreed upon.
(2) To the extent consistent with paragraph (c)(1) of this clause, all clauses, terms, and conditions included in this undefinitized contract action shall continue in effect, except those that by their nature apply only to an undefinitized contract action.
(d) The definitive contract resulting from this undefinitized contract action will include a negotiated (insert "cost/price ceiling" or "firm-fixed price") in no event to exceed (insert the not-to-exceed amount).
(End of clause)

252.217-7028 Over and Above Work.
As prescribed in 217.7702, use a clause substantially as follows:
OVER AND ABOVE WORK (DEC 1991)

(iii) Necessary in order to satisfactorily complete the contract.

(e) The Contractor shall promptly submit to the Contracting Officer, a proposal for the over and above work. The Government and Contractor will then negotiate a settlement for the over and above work. Contract modifications will be executed to definitize all over and above work.

(End of clause)

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