***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.
[Added per DL 98-008, DFARS case 97-D005, Effective 31 Mar]
252.204-7004 Required Central Contractor Registration.
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.
[added per DFARS Case 97-D314, D.L. 98-004, dated 11 Mar 98.
252.209-7003 Compliance with Veterans' Employment Reporting Requirements].
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.
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.
TABLE OF CONTENTS (Continued)
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.
TABLE OF CONTENTS (Continued)
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 Buy American Act - Trade Agreements - Balance of Payments Program.
252.225-7008 Supplies to be Accorded Duty-Free Entry.
252.225-7009 Duty-free entry--qualifying country supplies (end products and components).
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 Trade Agreements Certificate.
252.225-7021 Trade Agreements.
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 Buy American Act--North American Free Trade Agreement Implementation Act--Balance of Payments Program
252.225-7037 Duty-Free Entry--Eligible End Products.
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.
TABLE OF CONTENTS (Continued)
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.
TABLE OF CONTENTS (Continued)
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 Reserved.
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.
TABLE OF CONTENTS (Continued)
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.
252.236-7012 Military Construction on Kwajalein Atoll--Evaluation Preference.
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 Reserved.
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 Reserved
252.239-7010 Reserved.
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.
TABLE OF CONTENTS (Continued)
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.
252.243-7002 Requests for Equitable Adjustment.
252.244-7000 Subcontracts for Commercial Items and Commercial Components (DoD Contracts).
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
(b) Numbering.
(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)
(a) Definition.
"Contracting officer's representative" means an individual designated in accordance with subsection 201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting officer to perform specific technical or administrative functions.
(b) If the Contracting Officer designates a contracting officer's representative (COR), the Contractor will receive a copy of the written designation. It will specify the extent of the COR's authority to act on behalf of the contracting officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.
(End of clause)
252.203-7001 Special Prohibition on Employment.
As prescribed in 203.570-5, use the following clause:
SPECIAL PROHIBITION ON EMPLOYMENT (JUN 1997)
(a) Definitions.
As used in this clause--
(1) "Arising out of a contract with the DoD" means any act in connection with--
(i) Attempting to obtain,
(ii) Obtaining, or
(iii) Performing a contract or first-tier subcontract of any agency, department, or component of the Department of Defense (DoD).
(2) "Conviction of fraud or any other felony" means any conviction for fraud or a felony in violation of state or Federal criminal statutes, whether entered on a verdict or plea, including a plea of nolo contendere, for which sentence has been imposed.
(3) "Date of conviction" means the date judgment was entered against the individual.
(b) 10 U.S.C. 2408 provides that any individual who is convicted after September 29, 1988, of fraud or any other felony arising out of a contract with the DoD is prohibited from:
(1) Working in a management or supervisory capacity on any DoD contract or first-tier subcontract;
(2) Serving on the board of directors of any DoD contractor or first-tier subcontractor; or
(3) Serving as a consultant to any DoD contractor or first-tier subcontractor.
(c) Unless waived, the prohibition in paragraph (b) applies for five years from the date of conviction.
(d) 10 U.S.C. 2408 further provides that a defense contractor or first-tier subcontractor shall be subject to a criminal penalty of not more than $500,000 if convicted of knowingly--
(1) Employing a person under a prohibition specified in paragraph (b) of this clause; or
(2) Allowing such a person to serve on the board of directors of the contractor or first-tier subcontractor.
(e) In addition to the criminal penalties contained in 10 U.S.C. 2408, the Government may consider other available remedies, such as--
(1) Suspension or debarment;
(2) Cancellation of the contract at no cost to the Government; or
(3) Termination of the contract for default.
(f) The Contractor may submit written requests for waiver of the prohibitions in paragraph (b) of this clause to the Contracting Officer. Requests shall clearly identify--
(1) The person involved;
(2) The nature of the conviction and resultant sentence or punishment imposed;
(3) The reasons for the requested waiver; and,
(4) An explanation of why a waiver is in the interest of national security.
(g) The Contractor agrees to include the substance of this clause, appropriately modified to reflect the identity and relationship of the parties, in all first-tier subcontracts exceeding the simplified acquisition threshold in Part 2 of the Federal Acquisition Regulation, except those for commercial items or components.
(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)
(a) The Contractor shall display prominently in common work areas within business segments performing work under Department of Defense (DoD) contracts, DoD Hotline Posters prepared by the DoD Office of the Inspector General.
(b) DoD Hotline Posters may be obtained from the DoD Inspector General, ATTN: Defense Hotline, 400 Army Navy Drive, Washington, DC 22202-2884.
(c) The Contractor need not comply with paragraph (a) of this clause if it has established a mechanism, such as a hotline, by which employees may report suspected instances of improper conduct, and instructions that encourage employees to make such reports.
(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)
(a) The Contractor shall not release to anyone outside the Contractor's organization any unclassified information, regardless of medium (e.g., film, tape, document), pertaining to any part of this contract or any program related to this contract, unless--
(1) The Contracting Officer has given prior written approval; or
(2) The information is otherwise in the public domain before the date of release.
(b) Requests for approval shall identify the specific information to be released, the medium to be used, and the purpose for the release. The Contractor shall submit its request to the Contracting Officer at least 45 days before the proposed date for release.
(c) The Contractor agrees to include a similar requirement in each subcontract under this contract. Subcontractors shall submit requests for authorization to release through the prime contractor to the Contracting Officer.
(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)
(a) If the schedule in this contract contains any contract subline items or exhibit subline items identified as not separately priced (NSP), it means that the unit price for that subline item is included in the unit price of another, related line or subline item.
(b) The Contractor shall not invoice the Government for any portion of a contract line item or exhibitline item which contains an NSP until--
(1) The Contractor has delivered the total quantity of all related contract subline items or exhibit subline items; and
(2) The Government has accepted them.
(c) This clause does not apply to technical data.
(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)
[Added per DL 98-008, DFARS case 97-D005, Effective 31 Mar]
252.204-7004 Required Central Contractor Registration.
[ As prescribed in 204.7304, use the following clause:
Required Central Contractor Registration (Mar. 1998)
(a) Definitions.
As used in this clause--
(1) Central Contractor Registration (CCR database means the primary DoD repository for contractor information required for the conduct of business with DoD.
(2) Data Universal Numbering System (DUNS) number means the 9-digit number assigned by Dun and Bradstreet Information Services to identify unique business entities.
(3) Data Universal Numbering System +4 (DUNS+4) number means the DUNS number assigned by Dun and Bradstreet plus a 4-digit suffix that may be assigned by a parent (controlling) business concern. This 4-digit suffix may be assigned at the discretion of the parent business concern for such purposes as identifying subunits or affiliates of the parent business concern.
(4) Registered in the CCR database means that all mandatory information, including the DUNS number or the DUNS+4 number, if applicable, and the corresponding Commercial and Government Entity (CAGE) code, is in the CCR database; the DUNS number and the CAGE code have been validated; and all edits have been successfully completed.
(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee must be registered in the CCR database prior to award, during performance, and through final payment of any contract resulting from this solicitation, except for awards to foreign vendors for work to be performed outside the United States.
(2) The offeror shall provide its DUNS or, if applicable, its DUNS+4 number with its offer, which will be used by the Contracting Officer to verify that the offeror is registered in the CCR
database.
(3) Lack of registration in the CCR database will make an offeror ineligible for award.
(4) DoD has established a goal of registering an applicant in the CCR database within 48 hours after receipt of a complete and accurate application via the Internet. However, registration of an
applicant submitting an application through a method other than the Internet may take up to 30 days. Therefore, offerors that are not registered should consider applying for registrationimmediately upon receipt of this solicitation.
(c) The Contractor is responsible for the accuracy and completeness of the data within the CCR, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to confirm on an annual basis that its information in the CCR database is accurate and complete.
(d) Offerors and contractors may obtain information on registration and annual confirmation requirements by calling 1-888-227-2423, or via the Internet at http://ccr.edi.disa.mil.
(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)
(a) Definition.
"Cooperative agreement holder" means a State or local government; a private, nonprofit organization; a tribal organization (as defined in section 4(c) of the Indian Self-Determination and Education Assistance Act (Pub. L. 93-268; 25 U.S.C. 450(c))); or an economic enterprise (as defined in section 3(e) of the Indian Financing Act of 1974 (Pub. L. 93-362; 25 U.S.C. 1452(e))) whether such economic enterprise is organized for profit or nonprofit purposes; which has an agreement with the Defense Logistics Agency to furnish procurement technical assistance to business entities.
(b) The Contractor shall provide cooperative agreement holders, upon their request, with a list of those appropriate employees or offices responsible for entering into subcontracts under defense contracts. The list shall include the business address, telephone number, and area of responsibility of each employee or office.
(c) The Contractor need not provide the listing to a particular cooperative agreement holder more frequently than once a year.
(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)
(a) The Government intends to furnish precious metals required in the manufacture of items to be delivered under the contract if the Contracting Officer determines it to be in the Government's best interest. The use of Government-furnished silver is mandatory when the quantity required isone hundred troy ounces or more. The precious metal(s) will be furnished pursuant to the Government Furnished Property clause of the contract.
(b) The Offeror shall cite the type (silver, gold, platinum, palladium, iridium, rhodium, and ruthenium) and quantity in whole troy ounces of precious metals required in the performance of this contract (including precious metals required for any first article or production sample), and shall specify the national stock number (NSN) and nomenclature, if known, of the deliverable item requiring precious metals.
Deliverable Item
Precious Metal* Quantity (NSN and Nomenclature)
*If platinum or palladium, specify whether sponge or granules are required.
(c) Offerors shall submit two prices for each deliverable item which contains precious metals--one based on the Government furnishing precious metals, and one based on the Contractor furnishing precious metals. Award will be made on the basis which is in the best interest of the Government.
(d) The Contractor agrees to insert this clause, including this paragraph (d), in solicitations for subcontracts and purchase orders issued in performance of this contract, unless the Contractor knows that the item being purchased contains no precious metals
(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)
(a) The Contractor shall not deny consideration for a subcontract award under this contract to a potential subcontractor subject to on-site inspection under the INF Treaty, or a similar treaty, solely or in part because of the actual or potential presence of Soviet inspectors at the subcontractor's facility, unless the decision is approved by the Contracting Officer.
(b) The Contractor shall incorporate this clause, including this paragraph (b), in all solicitations and contracts exceeding the simplified acquisition threshold in Part 13 of the Federal Acquisition Regulation, except those for commercial items.
(End of clause)
[added per DFARS Case 97-D325, D.L. 98-007, effective 27 Mar 1998]
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 ([MAR 1998])
(a) Definitions.
As used in this provision-
(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 provided support for acts of international terrorism. As of the date of this provision, terrorist countries include: Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria.
(3) "Significant interest" means-
(i) Ownership of or beneficial interest in 5 percent or more of the firm's or subsidiary'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;
(ii) Holding a management position in the firm, such as a director or officer;
(iii) Ability to control or influence the election, appointment, or tenure of directors or officers in the firm;
(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.
In accordance with 10 U.S.C. 2327, no contract may be awarded to a firm or a subsidiary of a firm if the government of a terrorist country has a significant interest in the firm or subsidiary [or, in the case of a subsidiary, the firm that owns the subsidiary], unless a waiver is granted by the Secretary of Defense.
(c) Disclosure.
The Offeror shall disclose any significant interest the government of each of the following countries has in the Offeror or a subsidiary of the Offeror. If the Offeror is a subsidiary, it shall also disclose any significant interest the government of a terrorist country has in any firm that owns or controls the subsidiary. The disclosure shall include--
(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)
(a) Definitions.
As used in this provision--
(1) "Effectively owned or controlled" means that a foreign government or any entity controlled by a foreign government has the power, either directly or indirectly, whether exercised orexercisable, to control the election, appointment, or tenure of the Offeror's officers or a majority of the Offeror's board of directors by any means, e.g., ownership, contract, or operation of law (or equivalent power for unincorporated organizations).
(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.
(ii) Does not include an organization or corporation that is owned, but is not controlled, either directly or indirectly, by a foreign government if the
ownership of that organization or corporation by that foreign government was effective before October 23, 1992.
(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;
(ii) Communications Security (COMSEC) information, except classified keys used to operate secure telephone units (STU IIIs);
(iii) Restricted Data as defined in the U.S. Atomic Energy Act of 1954, as amended;
(iv) Special Access Program (SAP) information; or
(v) Sensitive Compartmented Information (SCI).
(b) Prohibition on award.
No contract under a national security program may be awarded to an entity controlled by a foreign government if that entity requires access to proscribed information to perform the contract, unless the Secretary of Defense or a designee has waived application of 10 U.S.C. 2536(a).
(c) Disclosure.
The Offeror shall disclose any interest a foreign government has in the Offeror when that interest constitutes control by a foreign government as defined in this provision. If the Offeror is a subsidiary, it shall also disclose any reportable interest a foreign government has in any entity that owns or controls the subsidiary, including reportable interest concerning the Offeror's immediate parent, intermediate parents, and the ultimate parent. Use separate paper as needed, and provide the information in the following format:
Offeror's Point of Contact for Questions about Disclosure (Name and Phone Number with Country Code, City Code and Area Code, as applicable)
Name and Address of Offeror
Name and Address of Entity Description of Interest,
Controlled by a Foreign Ownership Percentage, and
Government Identification of Foreign
Government
(End of provision)
[added per DFARS Case 97-D314, D.L. 98-004][ and corrrection of 8 April 1998]
252.209-7003 Compliance with Veterans' Employment Reporting Requirements.
As prescribed in 209.104-70(c) use the following provision:
Compliance With Veterans' Employment Reporting Requirements (Mar 1998)
By submission of its offer, the offeror represents that, if it is subject to the reporting requirements of 37 U.S.C. 4212(d) (i.e., the VETS-100 report required by Federal Acquisition Regulation clause 52.222-37, Employment Reports on Disabled Veterans and Veterans of the Vietnam Era), it has submitted the more recent report required by 37 U.S.C. 4212(d)].
[added per DFARS Case 97-D325, D.L. 98-007, effective 27 Mar 1998]
252.209-7004 [Subcontracting with Firms That Are Owned or Controlled by the Government of a Terrorist Country.
As prescribed in 209.409, use the following clause:
Subcontracting with Firms that are Owned or Controlled by the Government of a Terrorist County (Mar 1998)
(a) Unless the Government determines that there is a compelling reason to do so, the Contractor shall not enter into any subcontract in excess of $25,000 with a firm, or a subsidiary of a firm, that is identified, on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs, as being ineligible for the award of Defense contracts or subcontracts because it is owned or controlled by the government of a terrorist country.
(b) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing, before entering into a subcontract with a party that is identified, on the List of Parties
Excluded from Federal Procurement and Nonprocurement Programs, as being ineligible for the award of Defense contracts or subcontracts because it is owned or controlled by the government of a terrorist country. The notice must include the name of the proposed subcontractor and the compelling reason(s) for doing business with the subcontractor notwithstanding its inclusion on the List of Parties Excluded From Federal Procurement and Nonprocurement Programs.
(End of clause)]
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.
"Directory information," as used in this clause, means, with respect to a student, the student's name, address, telephone listing, date and place of birth, level of education, degrees received, and the most recent previous educational institution enrolled in by the student. Students are individuals who are 17 years of age or older.
(b) General.
An institution of higher education that has been determined, using procedures established by the Secretary of Defense at 32 CFR part 216: (1) to have a policy of denying, or (2) to effectively prevent the Secretary of Defense from obtaining for military recruiting purposes, entry to such institution's campuses, access to students on those campuses, or access to directory information pertaining to students, is ineligible for contract award and payments under existing contracts. In addition, the Government shall terminate this contract for the Contractor's material failure to comply with the terms and conditions of award.
(c) Agreement.
The contractor represents that it does not now have and agrees that during performance of this contract it will not adopt a policy of denying, and that it does not, is not, and will not during performance of the contract, effectively prevent the Secretary of Defense from obtaining for military recruiting purposes entry to campuses, access to students on campuses, or access to directory information pertaining to students.
(End of clause)
252.211-7000 Acquisition Streamlining.
As prescribed in 211.002-70, use the following clause:
ACQUISITION STREAMLINING (DEC 1991)
(a) The Government's acquisition streamlining objectives are to--
(1) Acquire systems that meet stated performance requirements;
(2) Avoid over-specification; and
(3) Ensure that cost effective requirements are included in future acquisitions.
(b) The Contractor shall--
(1) Prepare and submit acquisition streamlining in accordance with the statement of work of this contract; and
(2) Format and submit the recommendations as prescribed by data requirements on the contract data requirements list of this contract.
(c) The Government has the right to accept, modify, or reject the Contractor's recommendations.
(d) The Contractor shall insert this clause, including this paragraph (d), in all subcontracts over $1 million, awarded in the performance of this contract.
(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:
(Activity)
(Complete Address)
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)
(a) The Offeror may submit two unit prices for each item--one based on use of the military preservation, packaging, or packing requirements of the solicitation; and an alternate based on use of commercial or industrial preservation, packaging, or packing of equal or better protection than the military.
(b) If the Offeror submits two unit prices, the following information, as a minimum, shall be submitted with the offer to allow evaluation of the alternate--
(1) The per unit/item cost of commercial or industrial preservation, packaging, and packing;
(2) The per unit/item cost of military preservation, packaging, and packing;
(3) The description of commercial or industrial preservation, packaging, and packing procedures, including material specifications, when applicable, to include--
(i) Method of preservation;
(ii) Quantity per unit package;
(iii) Cleaning/drying treatment;
(iv) Preservation treatment;
(v) Wrapping materials;
(vi) Cushioning/dunnage material;
(vii) Thickness of cushioning;
(viii) Unit container;
(ix) Unit package gross weight and dimensions;
(x) Packing; and
(xi) Packing gross weight and dimensions; and
(4) Item characteristics, to include--
(i) Material and finish;
(ii) Net weight;
(iii) Net dimensions; and
(iv) Fragility.
(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)
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--
(1) Identify the specific military or Federal specification or standard for which the SPI process has been accepted, and the specific paragraph or other location in the solicitation where the military or Federal specification or standard is required;
(2) Provide a copy of the Department of Defense acceptance of the SPI process;
(3) Identify each facility at which the offeror proposes to use the specific SPI process; and
(4) Unless provided in response to paragraph (c)(2) of this clause, provide the name and telephone number of the cognizant Administrative Contracting Officers for each facility where the SPI process is proposed for use.
(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.
As used in this clause--
(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.
By submitting this offer, the Offeror, if a foreign person, company or entity, certifies that it--
(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 personfrom 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.
The Offeror represents that it--
______Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.
______ 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 solicitaton will include the Transportation or 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)
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 (MAR 1998)
(a) The Contractor agrees to comply with the Defense Federal Acquisition Regulation Supplement (DFARS) clause 252.247-7023, Transportation of Supplies by Sea, which is included 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.
______ 252.205-7000 Provision of Information to Cooperative Agreement Holders (10 U.S.C. 2416).
______ 252.206-7000 Domestic Source Restriction (10 U.S.C. 2304).
______ 252.219-7001 Notice of Partial Small Business Set-Aside with Preferential Consideration for Small Disadvantaged Business Concerns
(____ Alternate I) (Section 9004, Pub. L. 101-165 (10 U.S.C. 2301 (repealed) note)).
______ 252.219-7002 Notice of Small Disadvantaged Business Set- Aside
(____ Alternate I) (15 U.S.C. 644).
______ 252.219-7003 Small Business and Small Disadvantaged Business Subcontracting Plan (DoD Contracts) (15 U.S.C. 637).
______ 252.219-7005 Incentive for Subcontracting with Small Businesses, Small Disadvantaged Businesses, Historically Black Colleges and Universities and Minority Institutions
(____ Alternate I) (Section 9004, Pub. L. 101-165 (10 U.S.C. 2301 (repealed) note)).
______ 252.219-7006 Notice of Evaluation Preference for Small Disadvantaged Business Concerns
(____ Alternate I) (15 U.S.C. 644).
______ 252.225-7001 Buy American Act and Balance of Payment Program (41 U.S.C. 10a-10d, E.O. 10582).
______ 252.225-7007 Buy American Act--Trade Agreements--Balance of Payments Program (____Alternate I) (41 U.S.C. 10a-10d, 19 U.S.C. 2501-2518, and 19 U.S.C. 3301 note).
______ 252.225-7012 Preference for Certain Domestic Commodities.
______ 252.225-7014 Preference for Domestic Speciality Metals (10 U.S.C. 2241 note).
______ 252.225-7015 Preference for Domestic Hand or Measuring Tools (10 U.S.C. 2241 note).
_____ 252.225-7021 Trade Agreements (____Alternate I) (19U.S.C. 2501-2518 and 19 U.S.C. 3301note).
______ 252.225-7027 Restriction on Contingent Fees for Foreign Military Sales (22 U.S.C. 2779).
______ 252.225-7028 Exclusionary Policies and Practices of Foreign Governments (22 U.S.C. 2755).
______ 252.225-7029 Restriction on Acquisition of Air Circuit Breakers (10 U.S.C. 2534(a)(3)).
______ 252.225-7036 Buy American Act--North American Free Trade Agreement Implementation Act--Balance of Payment Program (____Alternate I) (41 U.S.C. 10a-10d and 19 U.S.C. 3301 note).
______ 252.227-7015 Technical Data--Commercial Items (10 U.S.C. 2320).
______ 252.227-7037 Validation of Restrictive Markings on Technical Data (10 U.S.C. 2321).
______ 252.243-7002 Certification of Requests for Equitable Adjustment (10 U.S.C. 2410)
______ 252.247-7024 Notification of Transportation of Supplies by Sea (10 U.S.C. 2631).
(c) In addition to the clauses listed in paragraph (e) of the Contract Terms and Conditions Required 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)
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)
252.215-7002 Cost Estimating System Requirements.
As prescribed in 215.811-70(h), use the following clause:
COST ESTIMATING SYSTEM REQUIREMENTS (JUL 1997)
(a) Definition.
"Estimating system" means the Contractor's policies, procedures, and practices for generating estimates of costs and other data included in proposals submitted to customers in the expectation of receiving contract awards. Estimating system includes the Contractor's--
(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
(ii) Subject to applicable financial control systems.
(c) Applicability.
Paragraphs (d) and (e) of this clause apply if the contractor is a large business and either--
(1) In its fiscal year preceding award of this contract, received Department of Defense (DoD) prime contracts or subcontracts, totaling $50 million or more for which cost or pricing data were required; or
(2) In its fiscal year preceding award of this contract--
(i) Received DoD prime contracts or subcontracts totaling $10 million or more (but less than $50 million) for which cost or pricing data were required; and
(ii) Was notified in writing by the Contracting Officer that paragraphs (d) and (e) of this clause apply.
(d) System requirements.
(1) The Contractor shall disclose its estimating system to the Administrative Contracting Officer (ACO) in writing. If the Contractor wishes the Government to protect the information as privileged or confidential, the Contractor must mark the documents with the appropriate legends before submission.
(2) An estimating system disclosure is adequate when the Contractor has provided the ACO with documentation which--
(i) Accurately describes those policies, procedures, and practices that the Contractor currently uses in preparing cost proposals; and
(ii) Provides sufficient detail for the Government to reasonably make an informed judgment regarding the adequacy of the contractor's estimating practices.
(3) The Contractor shall--
(i) Comply with its disclosed estimating system; and
(ii) Disclose significant changes to the cost estimating system to the ACO on a timely basis.
(e) Estimating system deficiencies.
(1) The Contractor shall respond to a written report from the Government which identifies deficiencies in the Contractor's estimating system as follows:
(i) If the Contractor agrees with the report findings and recommendations, the Contractor shall--
(A) Within 30 days, state its agreement in writing; and
(B) Within 60 days, correct the deficiencies or submit a corrective action plan showing proposed milestones and actions leading to elimination of the deficiencies.
(ii) If the Contractor disagrees with the report, the Contractor shall, within 30 days, state its rationale for disagreeing.
(2) The ACO will evaluate the Contractor's response and notify the Contractor of the determination concerning remaining deficiencies and/or the adequacy of any proposed or completed corrective action.
(End of clause)
252.216-7000 Economic Price Adjustment--Basic Steel, Aluminum, Brass, Bronze, or Copper Mill Products.
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.
As used in this clause,
"Established price" means a price which (i)s an established catalog or market price for a commercial item sold in substantial quantities to the general public.
"Unit price" excludes any part of the price which reflects requirements for preservation, packaging, and packing beyond standard commercial practice.
(b) The Contractor warrants that the unit price stated for (Identify the item) is not in excess of the Contractor's established price in effect on the date set for opening of bids (or the contract date if this is a negotiated contract) for like quantities of the same item. This price is the net price after applying any applicable standard trade discounts offered by the Contractor from its catalog, list, or schedule price.
(c) The Contractor shall promptly notify the Contracting Officer of the amount and effective date of each decrease in any established price.
(1) Each corresponding contract unit price shall be decreased by the same percentage that the established price is decreased.
(2) This decrease shall apply to items delivered on or after the effective date of the decrease in the Contractor's established price.
(3) This contract shall be modified accordingly.
(d) If the Contractor's established price is increased after the date set for opening of bids (or the contract date if this is a negotiated contract), upon the Contractor's written request to the Contracting Officer, the corresponding contract unit price shall be increased by the same percentage that the establishedprice is increased, and this contract shall be modified accordingly, provided--
(1) The aggregate of the increases in any contract unit price under this contract shall not exceed 10 percent of the original contract unit price;
(2) The increased contract unit price shall be effective on the effective date of the increase in the applicable established price if the Contractor's written request is received by the Contracting Officer within ten days of the change. If it is not, the effective date of the increased unit price shall be the date of receipt of the request by the Contracting Officer; and
(3) The increased contract unit price shall not apply to quantities scheduled for delivery before the effective date of the increased contract unit price unless the Contractor's failure to deliver before that date results from causes beyond the control and without the fault or negligence of the Contractor, within the meaning of the Default clause of this contract.
(4) The Contracting Officer shall not execute a modification incorporating an increase in a contract unit price under this clause until the increase is verified.
(e) Within 30 days after receipt of the Contractor's written request, the Contracting Officer may cancel, without liability to either party, any portion of the contract affected by the requested increase and not delivered at the time of such cancellation, except as follows--
(1) The Contractor may after that time deliver any items that were completed or in the process of manufacture at the time of receipt of the cancellation notice provided the Contractor notifies the Contracting Officer of such items within 10 days after the Contractor recieves the cancellation notice.
(2) The Government shall pay for those items at the contract unit price increased to the extent provided by paragraph (d) of this clause.
(3) Any standard steel supply item shall be deemed to be in the process of manufacture when the steel for that item is in the state of processing after the beginning of the furnace melt.
(f) Pending any cancellation of this contract under paragraph (e) of this clause, or if there is no cancellation, the Contractor shall continue deliveries according to the delivery schedule of the contract. The Contractor shall be paid for those deliveries at the contract unit price increased to the extent provided by paragraph (d) of this clause.
(End of clause)
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)
(a) Definitions.
As used in this clause--
"Base labor index" means the average of the labor indices for the three months which consist of the month of bid opening (or offer submission) and the months immediately preceding and following that month.
"Base steel index" means the Contractor's established price (see Note 6) including all applicable extras of $________ per ____________ (see Note 1) for _____________ (see Note 2) on the date set for bid opening (or the date of submission of the offer).
"Current labor index" means the average of the labor indices for the month in which delivery ofsupplies is required to be made and the month preceding.
"Current steel index" means the Contractor's established price (see Note 6) for that item, including all applicable extras in effect ________ days (see Note 3) prior to the first day of the month in which delivery is required.
"Established price" is--
(1) A price which is an established catalog or market price of a commercial item sold in substantial quantities to the general public.
(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.)
"Labor index" means the average straight time hourly earnings of the Contractor's employees in the ____________ shop of the Contractor's __________________ plant (see Note 4) for any particular month.
"Month" means calendar month. However, if the Contractor's accounting period does not coincide with the calendar month, then that accounting period shall be used in lieu of "month."
(b) Each contract unit price shall be subject to revision, under the terms of this clause, to reflect changes in the cost of labor and steel. For purpose of this price revision, the proportion of the contract unit price attributable to costs of labor not otherwise included in the price of the steel item identified under the "base steel index" definition in paragraph (a) shall be _____ percent, and the proportion of the contract unit price attributable to the cost of steel shall be _____ percent. (See Note 5.)
(c) (1) Unless otherwise specified in this contract, the labor index shall be computed by dividing the total straight time earnings of the Contractor's employees in the shop identified in paragraph (a) for any given month by the total number of straight time hours worked by those employees in that month.
(2) Any revision in a contract unit price to reflect changes in the cost of labor shall be computed solely by reference to the "base labor index" and the "current labor index."
(d) Any revision in a contract unit price to reflect changes in the cost of steel shall be computed solely by reference to the "base steel index" and the "current steel index."
(e) (1) Each contract unit price shall be revised for each month in which delivery of supplies is required to be made.
(2) The revised contract unit price shall apply to the deliveries of those quantities required to be made in that month regardless of when actual delivery is made.
(3) Each revised contract unit price shall be computed by adding--
(i) The adjusted cost of labor (obtained by multiplying _____ percent of the contract unit price by a fraction, of which the numerator shall be the current labor index and the denominator shall be the base labor index);
(ii) The adjusted cost of steel (obtained by multiplying _____ percent of the contract unit price by a fraction, of which the numerator shall be the current steel index and the denominator shall be the base steel index); and
(iii) The amount equal to _____ percent of the original contract unit price (representing that portion of the unit price which relates neither to the cost of labor nor the cost of steel, andwhich is therefore not subject to revision (see Note 5)).
(4) The aggregate of the increases in any contract unit price under this contract shall not exceed ten percent of the original contract unit price.
(5) Computations shall be made to the nearest one-hundredth of one cent.
(f) (1) Pending any revisions of the contract unit prices, the Contractor shall be paid the contract unit price for deliveries made.
(2) Within 30 days after final delivery (or such other period as may be authorized by the Contracting Officer), the Contractor shall furnish a statement identifying the correctness of--
(i) The average straight time hourly earnings of the Contractor's employees in the shop identified in paragraph (a) that are relevant to the computations of the "base labor index" and the "current labor index;" and
(ii) The Contractor's established prices (see Note 6), including all applicable extras for like quantities of the item that are relevant to the computation of the "base steel index" and the "current steel index."
(3) Upon request of the Contracting Officer, the Contractor shall make available all records used in the computation of the labor indices.
(4) Upon receipt of the statement, the Contracting Officer will compute the revised contract unit prices and modify the contract accordingly. No modification to this contract will be made pursuant to this clause until the Contracting Officer has verified the revised established price (see Note 6).
(g) (1) In the event any item of this contract is subject to a total or partial termination for convenience, the month in which the Contractor receives notice of the termination, if prior to the month in which delivery is required, shall be considered the month in which delivery of the terminated item is required for the purposes of determining the current labor and steel indices under paragraphs (c) and (d).
(2) For any item which is not terminated for convenience, the month in which delivery is required under the contract shall continue to apply for determining those indices with respect to the quantity of the non-terminated item.
(3) If this contract is terminated for default, any price revision shall be limited to the quantity of the item which has been delivered by the Contractor and accepted by the Government prior to receipt by the Contractor of the notice of termination.
(h) If the Contractor's failure to make delivery of any required quantity arises out of causes beyond the control and without the fault or negligence of the Contractor, within the meaning of the clause of this contract entitled "Default," the quantity not delivered shall be delivered as promptly as possible after the cessation of the cause of the failure, and the delivery schedule set forth in this contract shall be amended accordingly.
NOTES:
1 Offeror insert the unit price and unit measure of the standard steel mill item to be used in the manufacture of the contract item.
2 Offeror identify the standard steel mill item to be used in the manufacture of the contract item.
3 Offeror insert best estimate of the number of days required for processing the standard steel mill item in the shop identified under the "labor index" definition.
4 Offeror identify the shop and plant in which the standard steel mill item identified under the "base steel index" definition will be finally fabricated or processed into the contract item.
5 Offeror insert the same percentage figures for the corresponding blanks in paragraphs (b), (e)(3)(i), and (e)(3)(ii). In paragraph (e)(3)(iii), insert the percentage representing the difference between the sum of the percentages inserted in paragraph (b) and 100 percent.
6 In negotiated acquisitions of nonstandard steel items, when there is no "established price" or when it is not desirable to use this price, this paragraph may refer to another appropriate price basis, e.g., an established interplant price.
(End of clause)
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--
(1) Are based on the wage rate(s) or material price(s) established and controlled by the Government (Offeror insert name of host country); and
(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:
(1) For increases in established wage rates or material prices, the increase in contract unit price(s) shall be effective on the same date that the government named in paragraph (a) of this clause increased the applicable wage rate(s) or material price(s), but only if the Contracting Officer receives the Contractor's written request for contract adjustment within 10 days of the change. If the Contractor's request is received later, the effective date shall be the date that the Contracting Officer received the Contractor's request.
(2) For decreases in established wage rates or material prices, the decrease in contract unit price(s) shall be effective on the same date that the government named in paragraph (a) of this clause decreased the applicable wage rate(s) or material price(s). The decrease in contract unit price(s) shall apply to all items delivered on and after the effective date of the government's rate or price decrease.
(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)
(a) The Government may exercise the option(s) of this contract to fulfill foreign military sales commitments.
(b) The foreign military sales commitments are for:
(Insert name of country, or (Insert applicable CLIN)
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:
(b) On the date the option is exercised, the Government shall identify the foreign country for the purpose of negotiating any equitable adjustment attributable to foreign military sales. Failure to agree on an equitable adjustment shall be treated as a dispute under the Disputes clause of this contract.
252.217-7001 Surge Option.
As prescribed in 217.208-70(b), use the following clause:
SURGE OPTION (AUG 1992)
(a) General.
The Government has the option to--
(1) Increase the quantity of supplies or services called for under this contract by no more than _____ percent; and/or
(2) Accelerate the rate of delivery called for under this contract, at a price or cost established before contract award or to be established by negotiation as provided in this clause.
(b) Schedule.
(1) When the Production Surge Plan (DI-MGMT-80969) is included in the contract, the option delivery schedule shall be the production rate provided with the Plan. If the Plan was negotiated before contract award, then the negotiated schedule shall be used.
(2) If there is no Production Surge Plan in the contract, the Contractor shall, within 30 days from the date of award, furnish the Contracting Officer a delivery schedule
showing the maximum sustainable rate of delivery for items in this contract. This delivery schedule shall provide acceleration by month up to the maximum sustainable rate of delivery achievable within the Contractor's existing facilities, equipment, and subcontracting structure.
(3) The Contractor shall not revise the option delivery schedule without approval from the Contracting Officer.
(c) Exercise of option.
(1) The Contracting Officer may exercise this option at any time before acceptance by the Government of the final scheduled delivery.
(2) The Contracting Officer will provide a preliminary oral or written notice to the Contractor stating the quantifies to be added or accelerated under the terms of this clause, followed by a contractmodification incorporating the transmitted information and instructions. The notice and modification will establish a not-to-exceed price equal to the highest contract unit price or cost of the added or accelerated items as of the date of the notice.
(3) The Contractor will not be required to deliver at a rate greater than the maximum sustainable delivery rate under paragraph (b)(2) of this clause, nor will the exercise of this option extend delivery more than 24 months beyond the scheduled final delivery.
(d) Price negotiation.
(1) Unless the option cost or price was previously agreed upon, the Contractor shall, within 30 days from the date of option exercise, submit to the Contracting Officer a cost or price proposal (including a cost breakdown) for the added or accelerated items.
(2) Failure to agree on a cost or price in negotiations resulting from the exercise of this option shall constitute a dispute concerning a question of fact within the meaning of the Disputes clause of this contract. However, nothing in this clause shall excuse the Contractor from proceeding with the performance of the contract, as modified, while any resulting claim is being settled.
(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)
(a) The property described in item number ____________, is being offered in accordance with the exchange provisions of Section 201(c) of the Federal Property and Administrative Services Act of 1949, 63 Stat. 384 (40 U.S.C. 481(c)).
(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)
As prescribed in 217.7104(a), use the following clause:
CHANGES (DEC 1991)
(a) The Contracting Officer may, at any time and without notice to the sureties, by written change order, make changes within the general scope of any job order issued under the Master Agreement in--
(1) Drawings, designs, plans, and specifications;
(2) Work itemized;
(3) Place of performance of the work;
(4) Time of commencement or completion of the work; and
(5) Any other requirement of the job order.
(b) If a change causes an increase or decrease in the cost of, or time required for, performance of the job order, whether or not changed by the order, the Contracting Officer shall make an equitable adjustment in the price or date of completion, or both, and shall modify the job order in writing.
(1) Within ten days after the Contractor receives notification of the change, the Contractor shall submit to the Contracting Officer a request for price adjustment, together with a written estimate of the increased cost.
(2) The Contracting Officer may grant an extension of this period if the Contractor requests it withinthe ten day period.
(3) If the circumstances justify it, the Contracting Officer may accept and grant a request for equitable adjustment at any later time prior to final payment under the job order, except that the Contractor may not receive profit on a payment under a late request.
(c) If the Contractor includes in its claim the cost of property made obsolete or excess as a result of a change, the Contracting Officer shall have the right to prescribe the manner of disposition of that property.
(d) Failure to agree to any adjustment shall be a dispute within the meaning of the Disputes clause.
(e) Nothing in this clause shall excuse the Contractor from proceeding with the job order as changed.
(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).
(2) When Navy specifications are specified in the job order, the Contractor shall follow Navy standards of material and workmanship. The solicitation shall prescribe the Navy standard whenever applicable.
(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.
(4) The Contractor shall maintain complete records of all inspection work and shall make them available to the Government during performance of the job order and for 90 days after the completion of all work required.
(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 underalteration 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 work area "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)
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.
(3) The Contracting Officer shall approve progress payments based on the value, computed on the price of the job order, of labor and materials incorporated in the work, materials suitably stored at the site of the work, and preparatory work completed, less the aggregate of any previous payments.
(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 the increase 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)
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--
(1) Make delivery of the supplies or to perform the services within the time specified in a job order or any extension;
(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 deemappropriate, 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.
(ii) If the work is to be completed at the plant, the Government may use all tools, machinery, facilities, and equipment of the Contractor determined by the Contracting Office to be necessary for that purpose.
(iii) If the cost to the Government of the work procured or completed (after adjusting such cost to exclude the effect of changes in the plans and specifications made subsequent to the date of termination) exceeds the price fixed for work under the job order (after adjusting such price on account of changes in the plans and specifications made before the date of termination), the Contractor, or the Contractor's surety, if any, shall be liable for such excess.
(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 for manufacturing 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 causesbeyond 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 the vessel(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 transferof 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.
The Contractor indemnifies the Government and the vessel and its owners against all claims, demands, or causes of action to which the Government, the vessel or its owner(s) might be subject as a result of damage or injury (including death) to the property or person of anyone other than the Government or its employees, or the vessel
or its owner, arising in whole or in part from the negligence or other wrongful act of the Contractor or its agents or employees, or any subcontractor, or its agents or employees.
(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 demands of 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.
(4) The Contractor shall not, except at its own expense, voluntarily make any payment, assume any obligation, or incur any expense other than what would be imperative for the protection of the vessel(s) at the time of the event.
(g) In the event or loss of or damage to any vessel(s), material, or equipment which may result in a claim against the Government under the insurance provisions of this contract, the Contractor shall promptly notify the Contracting Officer of the loss or damage. The Contracting Officer may, without prejudice to any other right of the Government, either--
(1) Order the Contractor to proceed with replacement or repair, in which event the Contractor shall effect the replacement or repair;
(i) The Contractor shall submit to the Contracting Officer a request for reimbursement of the cost of the replacement or repair together with whatever supporting documentation the Contracting Officer may reasonably require, and shall identify the request as being submitted under the Insurance clause of the agreement.
(ii) If the Government determines that the risk of the loss or damage is within the scope of the risks assumed by the Government under this clause, the Government will reimburse the Contractor for the reasonable, allowable cost of the replacement or repair, plus a reasonable profit (if the work or replacement or repair was performed by the Contractor) less the deductible amount specified in paragraph (b) of this clause.
(iii) Payments by the Government to the Contractor under this clause are outside the scope of and shall not affect the pricing structure of the contract, and are additional to the compensation otherwise payable to the Contractor under this contract; or
(2) In the event the Contracting Officer decides that the loss or damage shall not be replaced or repaired, the Contracting Officer shall--
(i) Modify the contract appropriately, consistent with the reduced requirements reflected by the unreplaced or unrepaired loss or damage; or
(ii) Terminate the repair of any part or all of the vessel(s) under the Termination for Convenience of the Government clause of this agreement.
(End of clause)
As prescribed in 217.7104(a), use the following clause:
GUARANTEES (DEC 1991)
(a) In the event any work performed or materials furnished by the contractor under the Master Agreement prove defective or deficient within 90 days from the date of redelivery of the vessel(s), the Contractor, as directed by the Contracting Officer and at its own expense, shall correct and repair the deficiency to the satisfaction of the Contracting Officer.
(b) If the Contractor or any subcontractor has a guarantee for work performed or materials furnished that exceeds the 90 day period, the Government shall be entitled to rely upon the longer guarantee until its expiration.
(c) With respect to any individual work item identified as incomplete at the time of redelivery of the vessel(s), the guarantee period shall run from the date the item is completed.
(d) If practicable, the Government shall give the Contractor an opportunity to correct the deficiency.
(1) If the Contracting Officer determines it is not practicable or is otherwise not advisable to return the vessel(s) to the Contractor, or the Contractor fails to proceed with the repairs promptly, the Contracting Officer may direct that the repairs be performed elsewhere, at the Contractor's expense.
(2) If correction and repairs are performed by other than the Contractor, the Contracting Officer may discharge the Contractor's liability by making an equitable deduction in the price of the job order.
(e) The Contractor's liability shall extend for an additional 90 day guarantee period on those defects or deficiencies that the Contractor corrected.
(f) At the option of the Contracting Officer, defects and deficiencies may be left uncorrected. In that event, the Contractor and Contracting Officer shall negotiate an equitable reduction in the job price. Failure to agree upon an equitable reduction shall constitute a dispute under the Disputes clause of this agreement.
(End of clause)
252.217-7014 Discharge of Liens.
As prescribed in 217.7104(a), use the following clause:
DISCHARGE OF LIENS (DEC 1991)
(a) The Contractor shall immediately discharge, or cause to be discharged, any lien or right in rem of any kind, other than in favor of the Government, that exists or arises in connection with work done or material furnished under any job order under this agreement.
(b) If any lien or right in rem is not immediately discharged, the Government, at the expense of the Contractor, may discharge, or cause to be discharged, the lien or right.
(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--
(a) The Occupational Safety and Health Act of 1970 (29 U.S.C. 651, et seq.);
(b) The Safety and Health Regulations for Ship Repairing (29 CFR 1915); or
(c) Any other applicable Federal, State, and local laws, codes, ordinances, and regulations.
(End of clause)
252.217-7016 Plant Protection.
As prescribed in 217.7104(a), use the following clause:
PLANT PROTECTION (DEC 1991)
(a) The Contractor shall provide, for the plant and work in process, reasonable safeguards against all hazards, including unauthorized entry, malicious mischief, theft, vandalism, and fire.
(b) The Contractor shall also provide whatever additional safeguards are necessary to protect the plant and work in process from espionage, sabotage, and enemy action.
(1) The Government shall reimburse the Contractor for that portion of the costs of the additionalsafeguards that is allocable to the contract in the same manner as if the Contracting Officer had issued a change order for the additional safeguards.
(2) The costs reimbursed shall not include any overhead allowance, unless the overhead is incident to the construction or installation of necessary security devices or equipment.
(c) Upon payment by the Government of the cost of any device or equipment required or approved under paragraph (b) of this clause, title shall vest in the Government.
(1) The Contractor shall comply with the instructions of the Contracting Officer concerning its identification and disposition.
(2) No such device or equipment shall become a fixture as a result of its being affixed to realty not owned by the Government.
(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)
(a) Ordering offices shall specify delivery locations and quantities in all oral or written delivery orders under this contract.
(b) The Contractor shall complete deliveries within the hours prescribed in the schedule of this contract and on the days specified by the order.
(c) Orders requiring delivery within 24 hours from Contractor receipt are governed by paragraph (e) of the Requirements clause of this contract.
(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:
(c) The Contractor shall not be required to deliver within less than _____ hours from the time the Contractor receives a delivery order.
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)
(a) The Offeror shall identify in the clause in this solicitation entitled Place of Performance, all plants to be used for manufacturing, processing, and shipment. Failure to furnish this information with the offer may result in rejection of the offer.
(b) The Offeror shall not change any place of performance between the date set for receipt of offers and the award, except where time permits and then only after receipt of the Contracting Officer's written approval.
(c) The Contractor shall not change any place of performance after contract award without advance approval by the Contracting Officer.
(End of clause)
252.217-7019 Sanitary Conditions.
As prescribed in 217.7203(a)(3), use the following clause:
SANITARY CONDITIONS (DEC 1991)
(a) The Contractor shall ensure that all supplies delivered under this contract, and all plant facilities, machinery, equipment, and apparatus used in the production, processing, handling, storage, or delivery of these supplies, meet the sanitary standards (including bacteriological requirements) prescribed by the specifications cited in this contract.
(b) The Government reserves the right to inspect and test at any reasonable times all plant facilities, machinery, equipment, and parts used in the production, processing, handling, storage, transportation, or delivery of supplies under this contract.
(c) The Contracting Officer or representative shall notify the Contractor in writing of any failure to meet the sanitary standards (including bacteriological requirements) prescribed by this contract. If the Contractor does not correct the failure within three days from receipt of notice, the Contracting Officer may--
(1) Terminate for default all or part of this contract; or
(2) Suspend work (wholly or partially) under the contract for ten days or any longer period considered necessary to allow correction of the failure.
(d) The suspension does not extend the life of this contract and shall not be considered sufficient reason for extending the delivery time.
(e) During the suspension period, the Government reserves the right to acquire similar supplies from other sources, on whatever terms and in whatever manner the Contracting Officer considers appropriate. The Contractor shall be liable to the Government for any excess costs for those similar supplies.
(f) If the Contractor does not correct the failure within the suspension period, the Contracting Officer may terminate for default the unexpired portion of this contract without allowing additional time for correction, notwithstanding paragraph (a)(2) of the Default (Fixed-Price Supply and Service) clause of this contract.
(End of clause)
ALTERNATE I (DEC 1991)
As prescribed in 217.7203(a)(3), add the following to paragraph (d) of the basic clause:
In a suspension, the quantity of supplies designated in the schedule as a minimum shall be reduced by an amount proportionate to the ratio between (1) the number of days the work is suspended; and (2) the number of days in the contract period. The quantity of supplies designated as maximum shall not be reduced.
252.217-7020 Examination and Testing.
As prescribed in 217.7203(b)(1), use the following clause:
EXAMINATION AND TESTING (DEC 1991)
(a) The Government reserves the right to examine and test all products to be delivered under the contract. Examination and testing of dairy products shall be in accordance with the Veterinary/Medical Wholesomeness Assurance Program for Fresh and Cultured Dairy Products and Frozen Desserts (AR 40-70; NAVSUPINST 4355.6; AFR 161-46; and MCO 10110.44).
(b) Samples.
(1) The Government shall select the samples. For purposes of this clause, the Contractor agrees that a lot consists of a day's production of the type of product delivered, or intended to be delivered, under this contract.
(2) Samples selected at origin shall be furnished at the Contractor's expense, and shall be considered representative of all the products delivered to the Government from the lot sampled.
(3) Samples selected at destination shall be furnished at Government expense, and shall be considered representative of all of that type product delivered to the Government on the date sampled.
(4) When samples are selected from containers of 1/2 gallon size or smaller, the entire contents of the container shall constitute the sample. When samples are selected from containers larger than 1/2 gallon, a 1/2 pint sample shall be taken for laboratory analysis.
(c) Deficiencies in amounts.
The Contractor shall reimburse the Government for deficiencies (i.e., amounts less than required in this contract) in the amount of butterfat, milk solids non-fat, or total solids of any type of product as determined by chemical analysis. The amount of the reimbursement shall be determined in accordance with the Deficiency Adjustment clause of this contract. The Government shall not reimburse the Contractor for butterfat, milk solids non-fat, and total solids content in excess of the amount required by this contract.
(d) Deficiencies in products.
(1) The Contracting Officer or representative shall notify the Contractor orally (with written confirmation) or in writing when two of the last four consecutive lots tested are nonconforming for the same specification requirements. The notice shall be in effect as long as two of the last four consecutive lots tested exceed the same limit of the specification. The Government will take additional samples between 3 and 14 days after the date of the notice.
(2) The Contracting Officer may suspend work under this contract for up to ten days when three out of the last five consecutive lots tested are nonconforming for the same specification requirement, or when any deficiency causes the production of a product which is considered to be a health hazard.
(e) Suspension.
(1) During the suspension period, the Government reserves the right to acquire similar supplies from other sources, on whatever terms and in whatever manner the Contracting Officer considers appropriate. The Contractor shall be liable to the Government for any excess costs for those similar supplies.
(2) The Contractor shall use the suspension period to correct the deficiencies. The Contractor shall notify the Government when corrective action is complete.
(3) The Contracting Officer shall lift the suspension only after the Government has verified the corrective action and notified the Contractor in writing.
(4) The suspension does not extend the life of this contract and shall not be considered sufficient reason for extending the delivery time.
(5) If the Contractor does not correct the failure within the suspension period, the Contracting Officer may terminate for default the unexpired portion of this contract without allowing additional time for correction, notwithstanding paragraph (a)(2) of the Default (Fixed-Price Supply and Service) clause of this contract.
(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:
In a suspension, the quantity of supplies designated in the schedule as minimum shall be reduced by an amount proportionate to the ratio between (i) the number of days the work is suspended; and (ii) the number of days in the contract period. The quantity of supplies designated as maximum shall not be reduced.
252.217-7021 Deficiency Adjustment.
As prescribed in 217.7203(b)(2), use the following clause:
DEFICIENCY ADJUSTMENT (DEC 1991)
(a) When the Contractor is required under the Examination and Testing clause of the contract to reimburse the Government for deficiencies in the amount of butterfat, milk solids non-fat, or total solids, reimbursement shall be determined by the following formula--
(1) Butterfat.
Subtract the total pounds of butterfat delivered from the total pounds of butterfat required to be delivered, and multiply the remainder by the butterfat value. The butterfat value is 1.30 multiplied by the average Central States top "Wholesale Selling Price" of Grade A, 92 score butter during the monthly period for which the deficiency is computed, as reported in the Dairy Market News, published by the Department of Agriculture, Agricultural Marketing Service, Madison, Wisconsin.
(2) Milk solids nonfat.
Subtract the total pounds of milk solids non-fat delivered from the total pounds of milk solids non-fat required to be delivered, and multiply the remainder by the milk solids non-fat value. The milk solids non-fat value is 1.45 multiplied by the average Central States top price for "Extra Grade, Non-fat Dry Milk, Spray (bags)" during the monthly period for which the deficiency is computed, as reported in the Dairy Market News.
(3) Total solids.
Add to the total solids delivered the total amount of any shortages for butterfat and milk solids non-fat that the Contractor has already reimbursed. Subtract this
amount from the total solids required to be delivered. Multiply the remainder by the milk solids non-fat value.
(b) The Government will not assess amounts totaling $25 or less during a monthly accounting period. Monthly periods begin on the first day of the contract period and on the same day of each succeeding month.
(c) The butterfat, milk solids non-fat, and total solids content of one type of product shall not be averaged with or offset against the content of another type of product, and the content of products delivered in any one monthly period will not be averaged with or offset against the content of products delivered in any other monthly period.
(d) The Contractor shall identify the tare weights of all containers on the shipping documents, and furnish a copy to the Government inspector at destination. The tare weight of dispenser containers shall include all parts of the container delivered as a unit, including lids, tubes, and seals. If different types of containers with different tares are included in a single delivery, the Contractor shall furnish the tare weight and identifying characteristics of each type of container.
(e) The Government shall inspect a representative sample of the line item. If volume and net weightshortages are found, the Government will adjust the entire quantity of the line item delivered on the day the shortage is discovered. For the purpose of determining net weight, the following weight factors apply:
Product Weight Factor
Chocolate flavored milk or drink 8.8 pounds/gallon
Milk whole fresh, buttermilk fluid,
milk whole fresh cultured, and
milk skim fresh 8.6 pounds/gallon
Fresh cream (18 percent butterfat
or less), half-and-half fresh,
and cream sour cultured 8.5 pounds/gallon
Fresh cream (more than 18 percent
butterfat) 8.4 pounds/gallon
Cottage cheese, butter, and other
non-frozen products Weight on container
Ice cream and frozen desserts Applicable commodity specification
(f) Contractor reimbursement for deficient supplies does not prejudice the Government's right to terminate for default or to pursue any other remedy under this contract or as provided by law.
(End of clause)
252.217-7022 Code Dating.
As prescribed in 217.7203(a)(4), use the following clause:
CODE DATING (DEC 1991)
(a) The Contractor may use a code to comply with the requirement stated in the schedule or specifications of this contract for showing a date on the labels of delivered items.
(b) Before using a code, the Contractor shall--
(1) Provide a written explanation to the Contracting Officer; and
(2) Obtain the Contracting Officer's approval in writing.
(c) The Contractor shall also obtain the Contracting Officer's written approval before making any changes in the code symbols, system, or explanation.
(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)
(a) The Contractor shall--
(1) Maintain all reusable containers and equipment in a sanitary condition and in a good state of repair and working order; and
(2) Remove all empty, reusable containers from Government premises at the time of each delivery, unless the Contracting Officer grants permission in writing for less frequent removal.
(b) The Government shall not be liable for any damage to, or loss or destruction of, containers and equipment furnished by the Contractor.
(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)
(a) The Contractor shall ensure that dispenser containers and filling equipment used in the performance of this contract, and any Contractor-furnished refrigerated bulk milk dispenser cabinets, comply with MIL-STD-175, Minimum Sanitary Standards for the Equipment and Methods for Handling of Milk and Milk Products in Bulk Milk Dispensing Operations.
(b) The Contractor shall install, service, and maintain any Contractor-furnished bulk milk dispenser cabinets to the Contracting Officer's satisfaction. The Contractor has sole responsibility for the supply, installation, maintenance, and removal of the cabinets, including labor and material costs, and for any damage to, or loss or destruction of, such cabinets.
(c) When the Contractor fails to furnish milk dispenser cabinets or milk dispenser containers as required in the schedule, or does not properly service, maintain, and repair such dispenser cabinets, so that milk cannot be dispensed as needed by the Government, the Contractor shall, for as long as such conditions exist, deliver a sufficient quantity of milk in half-pint containers to satisfy orders for milk dispenser containers. The price per gallon for milk dispenser containers shall apply.
(d) When any loss of contents of a dispenser container occurs (including loss due to contamination, spoilage, or leakage) as a result of functional failure of the dispenser cabinet or dispenser containers, the Contractor shall immediately replace the lost contents without cost to the Government, unless such functional failure was due to a general power failure at the Government installation.
(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)
(a) The Government is required under 10 U.S.C. 2384 to obtain certain information on the actual manufacturer or sources of supplies it acquires.
(b) The apparently successful Offeror agrees to complete and submit the following table before awar
TABLE
(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-reimbursement contracts, 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 theirnature 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)
(a) Definitions.
As used in this clause--
(1) "Over and above work" means work discovered during the course of performing overhaul, maintenance, and repair efforts that is--
(i) Within the general scope of the contract;
(ii) Not covered by the line item(s) for the basic work under the contract; and
(iii) Necessary in order to satisfactorily complete the contract.
(2) "Work request" means a document prepared by the Contractor which describes over and above work being proposed.
(b) The Contractor and Administrative Contracting Officer shall mutually agree to procedures for Government administration and Contractor performance of over and above work requests. If the parties cannot agree upon the procedures, the Administrative Contracting Officer has the unilateral right to direct the over and above work procedures to be followed. These procedures shall, as a minimum, cover--
(1) The format, content, and submission of work requests by the Contractor. Work requests shall contain data on the type of discrepancy disclosed, the specific location of the discrepancy, and the estimated labor hours and material required to correct the discrepancy. Data shall be sufficient to satisfy contract requirements and obtain the authorization of the Contracting Officer to perform the proposed work;
(2) Government review, verification, and authorization of the work; and
(3) Proposal pricing, submission, negotiation, and definitization.
(c) Upon discovery of the need for over and above work, the Contractor shall prepare and furnish to the Government a work request in accordance with the agreed-to procedures.
(d) The Government shall--
(1) Promptly review the work request;
(2) Verify that the proposed work is required and not covered under the basic contract line item(s);
(3) Verify that the proposed corrective action is appropriate; and
(4) Authorize over and above work as necessary.
(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.
(f) Failure to agree on the price of over and above work shall be a dispute within the meaning of the Disputes clause of this contract.
(End of clause)