DFARS Part 52b

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***This part consists of 252.219-7000 through 252.227-55

252.219-7000 Small Disadvantaged Business Concern Representation (DoD Contracts).
As prescribed in 219.304(b), use the following provision:
SMALL DISADVANTAGED BUSINESS CONCERN REPRESENTATION (DoD CONTRACTS)
(JUNE 1997)

(End of provision)

252.219-7001 Notice of Partial Small Business Set-Aside with Preferential Consideration for Small Disadvantaged Business Concerns.
As prescribed in 219.508(d), use the following clause:
NOTICE OF PARTIAL SMALL BUSINESS SET-ASIDE WITH PREFERENTIAL
CONSIDERATION FOR SMALL DISADVANTAGED BUSINESS CONCERNS
(MAY 1995)

(End of clause)

ALTERNATE I (MAY 1994)
As prescribed in 219.508(d), substitute the following paragraph (f)(2) for paragraph (f)(2) of the basic clause:

252.219-7002 Notice of Small Disadvantaged Business Set-Aside.
As prescribed in 219.508-70, use the following clause:
NOTICE OF SMALL DISADVANTAGED BUSINESS SET-ASIDE (MAY 1995)

(End of clause)

ALTERNATE I (MAY 1994)
As prescribed in 219.508-70, substitute the following paragraph (c) for paragraph (c) of the basic clause:

252.219-7003 Small, Small Disadvantaged and Women-owned Small Business Subcontracting Plan (DoD Contracts).
As prescribed in 219.708(b)(1)(A), use the following clause:
SMALL, SMALL DISADVANTAGED AND WOMEN-OWNED SMALL
BUSINESS SUBCONTRACTING PLAN (DoD CONTRACTS) (APR 1996)
This clause supplements the Federal Acquisition Regulation 52.219-9, Small, Small Disadvantaged and Women-Owned Small Business Subcontracting Plan, clause of this contract.

(End of clause)

252.219-7004 Small, Small Disadvantaged and Women-Owned Small Business Subcontracting Plan (Test Program).
As prescribed in 219.708(b)(1)(B), use the following clause:
SMALL, SMALL DISADVANTAGED AND WOMEN-OWNED SMALL BUSINESS
SUBCONTRACTING PLAN (TEST PROGRAM) (JUNE 1997)

(2) Item 14, Remarks, shall be completed to include semi-annual cumulative--
(i) Small business, small disadvantaged business, and women-owned small business goals; and

(End of clause)

252.219-7005 Incentive for Subcontracting with Small Businesses, Small Disadvantaged Businesses, Historically Black Colleges and Universities, and Minority Institutions.
As prescribed in 219.708(c)(1), use the following clause:
INCENTIVE FOR SUBCONTRACTING WITH SMALL BUSINESSES,
SMALL DISADVANTAGED BUSINESSES, HISTORICALLY BLACK COLLEGES
AND UNIVERSITIES, AND MINORITY INSTITUTIONS (NOV 1995)

(End of clause)

ALTERNATE I (DEC 1991)
As prescribed in 219.708(c)(1), add the following paragraph (b) to the basic clause and renumber the existing paragraphs (b), (c), and (d) as (c), (d), and (e).

252.219-7006 Notice of Evaluation Preference for Small Disadvantaged Business Concerns.
As prescribed in 219.7003, use the following clause:
NOTICE OF EVALUATION PREFERENCE FOR SMALL DISADVANTAGED BUSINESS
CONCERNS (JUN 1997)

(End of clause)

ALTERNATE I (JUN 1997)
As prescribed in 219.7003, substitute the following paragraph (d)(2) for paragraph (d)(2) of the basic clause:

252.219-7007 Reserved.

252.219-7008 Notice of Evaluation Preference for Small Disadvantaged Business Concerns--Construction Acquisitions -- Test Program.
As prescribed in 219.7204 use the following clause:
NOTICE OF EVALUATION PREFERENCE FOR SMALL DISADVANTAGED
BUSINESS CONCERNS -- CONSTRUCTION ACQUISITIONS --
TEST PROGRAM (APR 1996)

(End of Clause)

[added per DL 98-015, DFARS Case 98-D011 dated/effective, June 19,1998]
[
252.219-7009 Section 8(a) Direct Award.

As prescribed in 219.811-3(1), use the following clause:
Section 8(a) Direct Award (Jun 1998)

(a) This contract is issued as a direct award between the contracting office and the 8(a) Contractor pursuant to the Memorandum of Understanding dated May 6, 1998, between the Small Business Administration (SBA) and the Department of Defense. Accordingly, the SBA is not a party to this contract. SBA does retain responsibility for 8(a) certification, for 8(a) eligibility determinations and related issues, and for providing counseling and assistance to the 8(a) Contractor under the 8(a) Program. The cognizant SBA district office is:

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[To be completed by the Contracting Officer at the time of award]
(b) The contracting office is responsible for administering the contract and for taking any action on behalf of the Government under the terms and conditions of the contract; provided that the contracting office shall give advance notice to the SBA before it issues a final notice terminating performance, either in whole or in part, under the contract. The contracting office also shall coordinate with the SBA prior to processing any novation agreement. The contracting office may assign contract administration functions to a contract administration office.
(c) The Contractor agrees that--

(End of clause)

252.219-7010 Alternate A.

ALTERNATE A (Jun 1998)
As prescribed in 219.811-3(2), substitute the following paragraph (c) for paragraph (c) of the clause at FAR 52.219-18:

(c) Any award resulting from this solicitation will be made directly by the Contracting Officer to the successful 8(a) offeror selected through the evaluation criteria set forth in this solicitation.]

252.219-7011 Notification to Delay Performance.

As prescribed in 219.811-3 (3), use the following clause
NOTIFICATION TO DELAY PERFORMANCE (JUN 1998)

The Contractor shall not begin performance under this purchase order until 2 working days have passed from the date of its receipt. Unless the Contractor receives notification from the Small Business Administration that it is ineligible for this 8(a) award, or otherwise receives instructions from the Contracting Officer, performance under this purchase order may begin on the third working day following receipt of the purchase order. If a determination of ineligibility is issued within the 2-day period, the purchase order shall be considered canceled.

(End of clause)

252.222-7000 Restrictions on Employment of Personnel.
As prescribed in 222.7003, use the following clause:
RESTRICTIONS ON EMPLOYMENT OF PERSONNEL (DEC 1991)

(End of clause)

252.222-7001 Right of First Refusal of Employment--Closure of Military Installations.
As prescribed in 222.7102, use the following clause:
RIGHT OF FIRST REFUSAL OF EMPLOYMENT--CLOSURE OF MILITARY
INSTALLATIONS (APR 1993)

(End of clause)

252.222-7002 Compliance with local labor laws (overseas).
As prescribed in 222.7201(a), use the following clause:
COMPLIANCE WITH LOCAL LABOR LAWS (OVERSEAS) (JUN 1997)

(End of clause)

252.222-7003 Permit from Italian Inspectorate of Labor.
As prescribed in 222.7201(b), use the following clause:
PERMIT FROM ITALIAN INSPECTORATE OF LABOR (JUN 1997)
Prior to the date set for commencement of work and services under this contract, the Contractor shall obtain the prescribed permit from the Inspectorate of Labor having jurisdiction over the work site, in accordance with Article 5g of Italian Law Number 1369, dated October 23, 1960. The Contractor shall ensure that a copy of the permit is available at all reasonable times for inspection by the Contracting Officer or an authorized representative. Failure to obtain such permit may result in termination of the contract for the convenience of the United States Government, at no cost to the United States Government.
(End of clause)

252.222-7004 Compliance with Spanish Social Security Laws and Regulations.
As prescribed in 222.7201(c), use the following clause:
COMPLIANCE WITH SPANISH SOCIAL SECURITY LAWS AND REGULATIONS
(JUN 1997)

(End of clause)
[Added per DFARS Case 97-D318, D.L. 98-012 , effective 11 June 1998]
[
252.222-7005 Prohibition on Use of Nonimmigrant Aliens--Guam.
As prescribed in 222.7302, use the following clause:

PROHIBITION ON USE OF NONIMMIGRANT ALLIENS--GUAM (Jun 1998)
The work required by this contract shall not be performed by any alien who is issued a visa or otherwise provided nonimmigrant status under Section 101(a)(15)(H)(ii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)).
(End of clause)]

252.223-7000 Reserved.

252.223-7001 Hazard Warning Labels.
As prescribed in 223.303, use the following clause:
HAZARD WARNING LABELS (DEC 1991)

(End of clause)

252.223-7002 Safety Precautions for Ammunition and Explosives.
As prescribed in 223.370-5, use the following clause:
SAFETY PRECAUTIONS FOR AMMUNITION AND EXPLOSIVES (MAY 1994)

(End of clause)

252.223-7003 Change in Place of Performance - Ammunition and Explosives.
As prescribed in 223.370-5, use the following clause:
CHANGE IN PLACE OF PERFORMANCE - AMMUNITION AND EXPLOSIVES
(DEC 1991)

(End of clause)

252.223-7004 Drug-Free Work Force.
As prescribed in 223.570-4, use the following clause:
DRUG-FREE WORK FORCE (SEP 1988)

(End of clause)

252.223-7005 Hazardous Waste Liability.
As prescribed in 223.7002, use the following clause:
HAZARDOUS WASTE LIABILITY (OCT 1992)

(End of clause)

252.223-7006 Prohibition on Storage and Disposal of Toxic and Hazardous Materials.
As prescribed in 223.7103(a), use the following clause:
PROHIBITION ON STORAGE AND DISPOSAL OF TOXIC AND HAZARDOUS
MATERIALS (APR 1993)

ALTERNATE I (NOV 1995)
As prescribed in 223.7103(b), add the following paragraphs (c) and (d) to the basic clause:

252.223-7007 Safeguarding Sensitive Conventional Arms, Ammunition, and Explosives.
As prescribed in 223.7203, use the following clause:
SAFEGUARDING SENSITIVE CONVENTIONAL ARMS, AMMUNITION,
AND EXPLOSIVES (FEB 1996)

(End of clause)

252.225-7000 Buy American Act - Balance of Payments Program Certificate.
As prescribed in 225.109(a), use the following provision:
BUY AMERICAN ACT-BALANCE OF PAYMENTS PROGRAM CERTIFICATE (DEC 1991)

Qualifying Country End Products

Nonqualifying Country End Products

(End of provision)

252.225-7001 Buy American Act and Balance of Payments Program.
As prescribed in 225.109(d), use the following clause:
BUY AMERICAN ACT AND BALANCE OF PAYMENTS PROGRAM (MAR 1998)

(End of clause)

252.225-7002 Qualifying Country Sources as Subcontractors.
As prescribed in 225.109-70(a), use the following clause:
QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS (DEC 1991)
Subject to the restrictions in section 225.872 of the Defense FAR Supplement, the Contractor shall not preclude qualifying country sources and U.S. sources from competing for subcontracts under this contract.
(End of clause)

252.225-7003 Information for Duty-Free Entry Evaluation.
As prescribed in 225.605-70(d), use the following provision:
INFORMATION FOR DUTY-FREE ENTRY EVALUATION (MAR 1998)

(End of provision)

ALTERNATE I (MAR 1998). As prescribed in 225.605-70(d), substitute the following paragraph (a) for paragraph (a) of the basic clause:

252.225-7004 Reserved.

252.225-7005 Identification of Expenditures in the United States.
As prescribed in 225.305-70, use the following clause:
IDENTIFICATION OF EXPENDITURES IN THE UNITED STATES (DEC 1991)

(End of clause)

252.225-7006 Buy American Act - Trade Agreements - Balance of Payments Program Certificate.
As prescribed in 225.408(a)(i), use the following provision:
BUY AMERICAN ACT - TRADE AGREEMENTS - BALANCE OF PAYMENTS
PROGRAM CERTIFICATE (MAR 1998)

(End of provision)

252.225-7007 Buy American Act--trade agreements--Balance of Payments Program.
As prescribed in 225.408(a)(ii), use the following clause:
BUY AMERICAN ACT--TRADE AGREEMENTS--BALANCE OF PAYMENTS
PROGRAM (MAR 1998)

(End of clause)

ALTERNATE I (MAR 1998). As prescribed in 225.408(a)(ii), delete Singapore from the list of designated countries in paragraph (a)(4) of the basic clause.

252.225-7008 Supplies to be Accorded Duty-Free Entry.
As prescribed in 225.605-70(e), use the following clause:
SUPPLIES TO BE ACCORDED DUTY-FREE ENTRY (MAR 1998)
In accordance with paragraph (b) of the Duty-Free Entry clause of this contract,in addition to duty-free entry for all qualifying country supplies (end products and components) and all eligible end products subject to applicable trade agreements (if this contract contains the Buy American Act--Trade Agreements--Balance of Payments Program clause or the Buy American Act--North American Free Trade Agreement Implementation Act--Balance of Payments Program clause), the following foreign end products that are neither qualifying country end products nor eligible end products under a trade agreement, and the following nonqualifying country components, are accorded duty-free entry.



(End of clause)

252.225-7009 Duty-free entry--qualifying country supplies (end products and components).
As prescribed in 225.605-70(a), use the following clause:
DUTY-FREE ENTRY--QUALIFYING COUNTRY SUPPLIES (END PRODUCTS
AND COMPONENTS) (MAR 1998)

(End of clause)

252.225-7010 Duty-Free Entry--Additional Provisions.
As prescribed in 225.605-70(c), use the following clause:
DUTY-FREE ENTRY--ADDITIONAL PROVISIONS (MAR 1998)

(End of clause)

252.225-7011 Restriction on Acquisition of Supercomputers.
As prescribed in 225.7023-3, use the following clause:
RESTRICTION ON ACQUISITION OF SUPERCOMPUTERS (JULY 1995)
The contractor agrees that any supercomputers furnished under this contract have been manufactured in the United States.
(End of Clause)

252.225-7012 Preference for Certain Domestic Commodities.
As prescribed in 225.7002-3(a), use the following clause:
PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (SEP 1997)

(End of clause)

252.225-7013 Reserved.

252.225-7014 Preference for Domestic Specialty Metals.
As prescribed in 225.7002-3(b), use the following clause:
PREFERENCE FOR DOMESTIC SPECIALTY METALS (MAR 1998)

(End of clause)

ALTERNATE I (MAR 1998)
As prescribed in 225.7002-3(b), substitute the following paragraph (c) for paragraph (c) of the basic clause, and add the following paragraph (d) to the basic clause:

252.225-7015 Preference for Domestic Hand or Measuring Tools.
As prescribed in 225.7002-3(c), use the following clause:
PREFERENCE FOR DOMESTIC HAND OR MEASURING TOOLS (DEC 1991)
The Contractor agrees to deliver under this contract only hand or measuring tools produced in the United States or its possessions.
(End of clause)

[amended per DFARS Case 97-D321, D.L. 98-001, 4 Feb 98]
252.225-7016 Restriction on Acquisition of Ball and Roller Bearings.
As prescribed in 225.7019-4, use the following clause:
RESTRICTION ON ACQUISITION OF BALL AND ROLLER BEARINGS ([FEB 1998])

(End of clause)

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.
As prescribed in 225.7011-5, use the following provision:
NOTICE OF PROHIBITION OF CERTAIN CONTRACTS WITH FOREIGN ENTITIES
FOR THE CONDUCT OF BALLISTIC MISSILE DEFENSE RDT&E (JAN 1997)

(End of provision)

252.225-7019 Restriction on Acquisition of Foreign Anchor and Mooring Chain.
As prescribed in 225.7012-3, use the following clause:
RESTRICTION ON ACQUISITION OF FOREIGN ANCHOR AND MOORING CHAIN
(DEC 1991)

(End of clause)

252.225-7020 Trade Agreements Certificate.
As prescribed in 225.408(a)(iii), use the following provision:
TRADE AGREEMENTS CERTIFICATE (MAR 1998)

(End of provision)

252.225-7021 Trade Agreements.
As prescribed in 225.408(a)(iv), use the following clause:
TRADE AGREEMENTS (MAR 1998)

(End of clause)

ALTERNATE I (MAR 1998).
As prescribed in 225.408(a)(iv), delete Singapore from the list of designated countries in paragraph (a)(4)
of the basic clause.

252.225-7022 Restriction on Acquisition of Polyacrylonitrile (PAN) Based Carbon Fiber.
As prescribed in 225.7013-2, use the following clause:
RESTRICTION ON ACQUISITION OF POLYACRYLONITRILE (PAN) BASED
CARBON FIBER (JUN 1997)

(End of clause)

252.225-7023 Reserved.

252.225-7024 Restriction on Acquisition of Night Vision Image Intensifier Tubes and Devices.
As prescribed in 225.7015-3, use the following clause:
RESTRICTION ON ACQUISITION OF NIGHT VISION IMAGE INTENSIFIER TUBES
AND DEVICES (DEC 1991)
All second and third generation night vision image intensifier tubes and devices provided under this contract shall be manufactured in the United States or Canada.
(End of clause)

252.225-7025 Restriction on Acquisition of Forgings.
As prescribed in 225.7102-4, use the following clause:
RESTRICTION ON ACQUISITION OF FORGINGS (JUN 1997)

(End of clause)

252.225-7026 Reporting of Contract Performance Outside the United States.
As prescribed in 225.7203, use the following clause:
REPORTING OF CONTRACT PERFORMANCE OUTSIDE THE UNITED STATES
(MAR 1998)

252.225-7027 Restriction on Contingent Fees for Foreign Military Sales.
As prescribed in 225.7308(a), use the following clause. Insert in paragraph (b)(1) of the caluse the name(s) of any foreign country customer(s) listed in 225.7303-4(b).
RESTRICTIONS ON CONTINGENT FEES FOR FOREIGN MILITARY SALES (MAR 1998)

(End of clause)

252.225-7028 Exclusionary Policies and Practices of Foreign Governments.
As prescribed in 225.7308(b), use the following clause:
EXCLUSIONARY POLICIES AND PRACTICES OF FOREIGN GOVERNMENTS
(DEC 1991)
No person, partnership, corporation, or other entity performing functions pursuant to this contract, shall, inemploying or assigning personnel to participate in the performance of any such function, whether in the United States or abroad, take into account the exclusionary policies or practices of any foreign government where such policies or practices are based on race, religion, national origin, or sex.
(End of clause)

[amended per DFARS Case 97-D321, D.L. 98-001, 4 Feb 98]
252.225-7029 Preference for United States or Canadian Air Circuit Breakers.
As prescribed in 225.7016-4, use the following clause:
PREFERENCE FOR UNITED STATES OR CANADIAN AIR
CIRCUIT BREAKERS ([FEB 1998])

(End of clause)

252.225-7030 Restriction on Acquisition of Carbon, Alloy, and Armor Steel Plate.
As prescribed in 225.7017-4, use the following clause:
RESTRICTION ON ACQUISITION OF CARBON, ALLOY, AND ARMOR STEEL PLATE
(OCT 1992)
The Contractor agrees that all carbon, alloy, and armor steel plate in Federal supply class 9515, or described by American Society for Testing Materials (ASTM) or American Iron and Steel Institute (AISI) specifications, furnished as a deliverable under this contract, or purchased by the contractor as a raw material, for use in a Government-owned facility or a facility under the control of the Department of Defense, shall be melted and rolled in the United States or Canada.
(End of clause)

252.225-7031 Secondary Arab Boycott of Israel.
As prescribed in 225.770-5, use the following clause:
SECONDARY ARAB BOYCOTT OF ISRAEL (JUN 1992)

(End of clause)

252.225-7032 Waiver of United Kingdom Levies.
As prescribed in 225.873-3, use the following clause:
WAIVER OF UNITED KINGDOM LEVIES (OCT 1992)

(End of clause)

252.225-7033 Restriction on Acquisition of Four Ton Dolly Jacks.
As prescribed in 225.7018-3, use the following clause:
RESTRICTION ON ACQUISITION OF FOUR TON DOLLY JACKS (APR 1993)
Four ton dolly jacks delivered under this contract shall be manufactured in the United States unless a waiver is granted in accordance with subsection 225.7018-2 of the Defense Federal Acquisition Regulation Supplement.
(End of clause)

252.225-7034 Reserved.

252.225-7035 Buy American Act--North American Free Trade Agreement Implementation Act--Balance of Payments Program Certificate.
As prescribed in 225.408(a)(v), use the following provision:
BUY AMERICAN ACT--NORTH AMERICAN FREE TRADE AGREEMENT
IMPLEMENTATION ACT--BALANCE OF PAYMENTS PROGRAM CERTIFICATE
(MAR 1998)

. (c) Certifications.

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insert line item number insert country of origin
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insert line item number insert country of origin
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(iii) The following supplies are other foreign end products:

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insert line item number insert country of origin
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(End of provision)

ALTERNATE I (MAR 1998)
As prescribed in 225.408(a)(v)(B)(2), substitute the phrase ``Canadian end product'' for the phrase ``NAFTA country end product'' in paragraph (a); and substitute the phrase ``Canadian end products'' for the phrase ``NAFTA country end products'' in paragraphs (b) and (c)(2)(ii) of the basic clause.
252.225-7036 Buy American Act--North American Free Trade Agreement Implementation Act--Balance of Payments Program
As prescribed in 225.408(a)(vi), use the following clause:
BUY AMERICAN ACT-- NORTH AMERICAN FREE TRADE AGREEMENT IMPLEMENTATION ACT-- BALANCE OF PAYMENTS PROBRAM (MAR 1998)
(a) Definitions.

(b) Unless otherwise specified, the North American Free Trade Agreement Implementation Act of 1993 (19 U.S.C. 3301 note) applies to all items in the Schedule.
(c) The Contractor agrees to deliver under this contract only domestic end products unless, in its offer, it specified delivery of qualifying country, NAFTA country, or other foreign end products in the Buy American Act--North American Free Trade Agreement Implementation Act--Balance of Payments Program Certificate provision of the solicitation. An offer certifying that a qualifying country end product or a NAFTA country end product will be supplied requires the Contractor to supply a qualifying country end product or a NAFTA country end product, whichever is certified, or, at the Contractor's option, a domestic end product.
(d) The offered price of qualifying country end products, or NAFTA country end products for line items subject to the North American Free Trade Agreement Implementation Act, should not include custom fees or duty. The offered price of foreign end products listed in paragraph (c)(2)(iii) of the Buy American Act--North American Free Trade Agreement Implementation Act--Balance of Payments Program Certificate provision of the solicitation, or the offered price of domestic end products that contain nonqualifying country components, must include all applicable duty. The award price will not include duty for end products or components that are to be accorded duty-free entry. Generally, each foreign end product listed in paragraph (c)(2)(iii) of the Buy American Act--North American Free Trade Agreement Implementation Act--Balance of Payments Program Certificate provision of the solicitation is adjusted for the purpose of evaluation by adding 50 percent of the offered price, inclusive of duty.
(End of clause)

ALTERNATE 1 (MAR 1998)
As prescribed in 225.408(A)(vi)(B)(2), substitute the following paragraphs (a)(4), (c), and (d) for paragraphs (a)(4), (c), and (d) of the basic clause

252.225-7037Duty-Free Entry--Eligible End Products.
As prescribed in 225.605-70(b), use the following clause:
DUTY-FREE ENTRY--ELIGIBLE END PRODUCTS (Mar 1998)
(a) Definition.

(b) The requirements of this clause apply to this contract and subcontracts, including purchase orders, that involve delivery of eligible end products to be accorded duty-free entry whether placed--

(c) Except as otherwise approved by the Contracting Officer, no amount is or will be included in the contract price for duty for eligible end products.
(d) The Contractor warrants that--

(e) The Government agrees to execute duty-free certificates and to afford such assistance as appropriate to obtain the duty-free entry of eligible end products for which the shipping documents bear the notation specified in paragraph (f) of this clause, except as the Contractor may otherwise agree.
(f) All shipping documents submitted to Customs, covering eligible end products for which duty-free entry certificates are to be issued under this clause, shall--

(g) Preparation of customs forms.

(h) The Contractor agrees--

(i) The Contractor agrees to notify the Contracting Officer administering the prime contract in writing of any purchase under the contract of eligible end products to be accorded duty-free entry that are to be imported into the United States for delivery to the Government or for incorporation in end items to be delivered to the Government. The notice shall be furnished to the contract administration office immediately upon award to the supplier of the eligible end products. The notice shall contain--

(End of clause)

252.225-7038 Restriction on Acquisition of Aircraft Fuel Cells.
As prescribed in 225.7021-3, use the following clause:
RESTRICTION ON ACQUISITION OF AIRCRAFT FUEL CELLS (MAR 1994)
The Contractor agrees that all aircraft fuel cells furnished under this contract have been produced or manufactured in the United States by a domestic-operated entity.
(End of clause)

252.225-7039 Restriction on Acquisition of Totally Enclosed Lifeboat Survival Systems.
As prescribed in 225.7022-4, use the following clause:
RESTRICTION ON ACQUISITION OF TOTALLY ENCLOSED LIFEBOAT SURVIVAL
SYSTEMS (APR 1996)
For totally enclosed lifeboat systems furnished under this contract, which consist of lifeboat and associated davits and winches, the Contractor agrees that--

(End of clause)

252.225-7040 Reserved.

252.225-7041 Correspondence in English.
As prescribed in 225.971, use the following clause:
CORRESPONDENCE IN ENGLISH (JUN 1997)
The Contractor shall ensure that all contract correspondence that is addressed to the United States Government is submitted in English or with an English translation.
(End of clause)

252.225-7042 Authorization to perform.
As prescribed in 225.97, use the following clause:
AUTHORIZATION TO PERFORM (JUN 1997)
The Contractor represents that it has been duly authorized to operate and to do business in the country or countries in which this contract is to be performed. The Contractor also represents that it will fully comply with all laws, decrees, labor standards, and regulations of such country or countries, during the performance of this contract.
(End of clause)

[Added per DFARS Case 96-D016, D.L. 98-011 , effective 11 June 1998]
[
252.225-7043 Antiterrorism/Force Protection Policy for Defense Contractors Outside the United States.

As prescribed in 225.7402, use the following clause:

ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS OUTSIDE THE UNITED STATES (JUN 1998)

(1) A foreign government;
(2) A representative of a foreign government; or
(3) A foreign corporation wholly owned by a foreign government.

(End of clause)]

252.226-7000 Notice of Historically Black College or University and Minority Institution Set-Aside.
As prescribed in 226.7008(a), use the following clause:
NOTICE OF HISTORICALLY BLACK COLLEGE OR UNIVERSITY AND MINORITY
INSTITUTION SET-ASIDE (APR 1994)
(a) Definitions.

(b) General.

(c) Agreements.

(End of clause)

252.226-7001 Historically Black College or University and Minority Institution Status.
As prescribed in 226.7008(b), use the following provision:
HISTORICALLY BLACK COLLEGE OR UNIVERSITY AND MINORITY
INSTITUTION STATUS (JAN 1997)
(a) Definitions.

(b) Status.

(End of provision)

252.227-7000 Non-Estoppel.
As prescribed at 227.7009-1, insert the following clause in patent releases, license agreements, and assignments:
NON-ESTOPPEL (OCT 1966)
The Government reserves the right at any time to contest the enforceability, validity, scope of, or the title to any patent or patent application herein licensed without waiving or forfeiting any right under this contract.
(End of clause)

252.227-7001 Release of Past Infringement.
As prescribed at 227.7009-2(a), insert the following clause in patent releases, license agreements, and assignments:
RELEASE OF PAST INFRINGEMENT (AUG 1984)
The Contractor hereby releases each and every claim and demand which he now has or may hereafter have against the Government for the manufacture or use by or for the Government prior to the effective date of this contract, of any inventions covered by (i) any of the patents and applications for patent identified in this contract, and (ii) any other patent or application for patent owned or hereafter acquired by him, insofar as and only to the extent that such other patent or patent application covers the manufacture, use, or disposition of (description of subject matter). *
(End of clause)

*Bracketed portions of the clause may be omitted when not appropriate or not encompassed by the release as negotiated.

252.227-7002 Readjustment of Payments.
As prescribed at 227.7009-2(b), insert the following clause in patent releases, license agreements, and assignments:
READJUSTMENT OF PAYMENTS (OCT 1966)
(a) If any license, under substantially the same patents and authorizing substantially the same acts which are authorized under this contract, has been or shall hereafter be granted within the United States, on royalty terms which are more favorable to the licensee than those contained herein, the Government shall be entitled to the benefit of such more favorable terms with respect to all royalties accruing under this contract after the date such more favorable terms become effective, and the Contractor shall promptly notify the Secretary in writing of the granting of such more favorable terms.
(b) In the event any claim of any patent hereby licensed is construed or held invalid by decision of a court of competent jurisdiction, the requirement to pay royalties under this contract insofar as its arises solely by reason of such claim, and any other claim not materially different therefrom, shall be interpreted in conformity with the court's decision as to the scope of validity of such claims; Provided, however, that in the event such decision is modified or reversed on appeal, the requirement to pay royalties under this contract shall be interpreted in conformity with the final decision rendered on such appeal.
(End of clause)

252.227-7003 Termination.
As prescribed at 227.7009-2(c), insert the following clause in patent releases, license agreements, and assignments:
TERMINATION (AUG 1984)
Notwithstanding any other provision of this contract, the Government shall have the right to terminate the within license, in whole or in part, by giving the Contractor not less than thirty (30) days notice in writing of the date such termination is to be effective; provided, however, that such termination shall not affect the obligation of the Government to pay royalties which have accrued prior to the effective date of such termination.
(End of clause)

252.227-7004 License Grant.
As prescribed at 227.7009-3(a), insert the following clause in patent releases, license agreements, and assignments:
LICENSE GRANT (AUG 1984)
(a) The Contractor hereby grants to the Government an irrevocable, nonexclusive, nontransferable, and paid up license under the following patents, applications for patent, and any patents granted on such applications, and under any patents which may issue as the result of any reissue, division or continuation thereof, to practice by or cause to be practiced for the Government throughout the world, any and all of the inventions thereunder, in the manufacture and use of any article or material, in the use of any method or process, and in the disposition of any article or material in accordance with law:

(b) No rights are granted or implied by the agreement under any other patents other than as providedabove or by operation of law.
(c) Nothing contained herein shall limit any rights which the Government may have obtained by virtue of prior contracts or by operation of law or otherwise.
(End of clause)

252.227-7005 License Term.
As prescribed at 227.7009-3(b), insert one of the following clauses in patent releases, license agreements, and assignments:
LICENSE TERM (AUG 1984)
ALTERNATE I (AUG 1984)
The license hereby granted shall remain in full force and effect for the full term of each of the patents referred to in the "License Grant" clause of this contract and any and all patents hereafter issued on applications for patent referred to in such "License Grant" clause.

ALTERNATE II (AUG 1984)
The license hereby granted shall terminate on the ______day of _________ 19____; Provided, however, that said termination shall be without prejudice to the completion of any contract entered into by the Government prior to said date of termination or to the use or disposition thereafter of any articles or materials manufactured by or for the Government under this license.

252.227-7006 License Grant - Running Royalty.
As prescribed at 227.7009-4(a), insert the following clause in patent releases, license agreements, and assignments:
LICENSE GRANT - RUNNING ROYALTY (AUG 1984)
(a) The Contractor hereby grants to the Government, as represented by the Secretary of ................., an irrevocable, nonexclusive, nontransferable license under the following patents, applications for patent, and any patents granted on such applications, and under any patents which may issue as the result of any reissue, division, or continuation thereunder to practice by or cause to be practiced for the Department of ................., throughout the world, any and all of the inventions thereunder in the manufacture and use of any article or material, in the use of any method or process, and in the disposition of any article or material in accordance with law:

(b) No rights are granted or implied by the agreement under any other patents other than as provided above or by operation of law.
(c) Nothing contained herein shall limit any rights which the Government may have obtained by virtue of prior contracts or by operation of law or otherwise.
(End of clause)

252.227-7007 License Term - Running Royalty.
As prescribed at 227.7009-4(b), insert the following clause in patent releases, license agreements, and assignments:
LICENSE TERM - RUNNING ROYALTY (AUG 1984)
The license hereby granted shall remain in full force and effect for the full term of each of the patentsreferred to in the "License Grant" clause of this contract and any and all patents hereafter issued on applications for patent referred to above unless sooner terminated as elsewhere herein provided.
(End of clause)

252.227-7008 Computation of Royalties.
As prescribed at 227.7009-4(c), insert the following clause in patent releases, license agreements, and assignments:
COMPUTATION OF ROYALTIES (AUG 1984)
Subject to the conditions hereinafter stated, royalties shall accrue to the Contractor under this agreement on all articles or materials embodying, or manufactured by the use of, any or all inventions claimed under any unexpired United States patent licensed herein, upon acceptance thereof by the Department of ..............., at the rate of ..... percent of the net selling price of such articles or materials (amount) per (name of item) * whether manufactured by the Government or procured under a fixed price contract, and at the rate of (amount) per (name of item) acquired or manufactured by a Contractor performing under a cost-reimbursement contract. With respect to such articles or materials made by the Department of ............, "net selling price," as used in this paragraph, means the actual cost of direct labor and materials without allowance for overhead and supervision.
(End of clause)

*Use bracketed matter as appropriate.

252.227-7009 Reporting and Payment of Royalties.
As prescribed at 227.7009-4(d), insert the following clause in patent releases, license agreements, and assignments:
REPORTING AND PAYMENT OF ROYALTIES (AUG 1984)
(a) The (procuring office) shall, on or before the sixtieth (60th) day next following the end of each yearly* period ending ...........during which royalties have accrued under this license, deliver to the Contractor, subject to military security regulations, a report in writing furnishing necessary information relative to royalties which have accrued under this contract.
(b) Royalties which have accrued under this contract during the yearly* period ending ............ shall be paid to the Contractor (if appropriations therefor are available or become available) within sixty (60) days next following the receipt of a voucher from the Contractor submitted in accordance with the report referred to in (a) of this clause; Provided, that the Government shall not be obligated to pay, in respect of any such yearly period, on account of the combined royalties accruing under this contract directly and under any separate licenses granted pursuant to the "License to Other Government Agencies" clause (if any) of this contract, an amount greater than ........... dollars ($..........), and if such combined royalties exceed the said maximum yearly obligation, each department or agency shall pay a pro rata share of the said maximum yearly obligation as determined by the proportion its accrued royalties bear to the combined total of accrued royalties.
(End of clause)

252.227-7010 License to Other Government Agencies.
As prescribed at 227.7009-4(e), insert the following clause in patent releases, license agreements, and assignments:
LICENSE TO OTHER GOVERNMENT AGENCIES (AUG 1984)
The Contractor hereby agrees to grant a separate license under the patents, applications for patents, andimprovements referred to in the "License Grant" clause of this contract, on the same terms and conditions as appear in this license contract, to any other department or agency of the Government at any time on receipt of a written request for such a license from such department or agency; Provided, however, that as to royalties which accrue under such separate licenses, reports and payments shall be made directly to the Contractor by each such other department or agency pursuant to the terms of such separate licenses. The Contractor shall notify the Licensee hereunder promptly upon receipt of any request for license hereunder.
(End of clause)

252.227-7011 Assignments.
As prescribed at 227.7010, insert the following clause in assignments.
ASSIGNMENT (AUG 1984)
The Contractor hereby conveys to the Government, as represented by the Secretary of ............, the entire right, title, and interest in and to the following patents (and applications for patent), in and to the inventions thereof, and in and to all claims and demands whatsoever for infringement thereof heretofore accrued, the same to be held and enjoyed by the Government through its duly appointed representatives to the full end of the term of said patents (and to the full end of the terms of all patents which may be granted upon said applications for patent, or upon any division, continuation- in-part or continuation thereof):

U.S. Patent No.....................Date.......................
Name of Inventor..............................................
U.S .Application Serial No.........Filing Date...............
Name of Inventor ............................................

together with corresponding foreign patents and applications for patent insofar as the Contractor has the right to assign the same.
(End of clause)

252.227-7012 Patent License and Release Contract.
As prescribed at 227.7012, insert the following clause in patent releases, license agreements, and assignments:
..................(Contract No.)
PATENT LICENSE AND RELEASE CONTRACT (AUG 1984)
THIS CONTRACT is effective as of the ____ day of .............. 19___, between the UNITED STATES OF AMERICA (hereinafter called the Government), and ................ (hereinafter called the Contractor), a corporation organized and existing under the laws of the State of .................), (a partnership consisting of ...................), (an individual trading as .................) , of the City of ................., in the State of ...................... .

WHEREAS, Contractor warrants that he has the right to grant the within license and release, and the Government desires to procure the same, and

WHEREAS, this contract is authorized by law, including 10 U.S.C. 2386.

NOW THEREFORE, in consideration of the grant, release and agreements hereinafter recited, the parties have agreed as follows:

THE UNITED STATES OF AMERICA

*If only a release is procured, delete this article; if an assignment is procured, use the clause at 252.227-7011.
**When the Contractor is an individual, change "successors" to "heirs"; if a partnership, modify appropriately.
(End of clause)

252.227-7013 Rights in Technical Data--Noncommercial Items.
As prescribed at 227.7103-6(a), use the following clause:
RIGHTS IN TECHNICAL DATA--NONCOMMERCIAL ITEMS (NOV 1995)
(a) Definitions.

(b) Rights in technical data.

(c) Contractor rights in technical data.

(d) Third party copyrighted data.

(e) Identification and delivery of data to be furnished with restrictions on use, release, or disclosure.

(End of identification and assertion)

(f) Marking requirements.

(1) General marking instructions.

(2) Government purpose rights markings.

GOVERNMENT PROPOSED RIGHTS

(End of legend)

___________________________________________

(End of legend)

SPECIAL LICENSE RIGHTS

(g) Contractor procedures and records.

(h) Removal of unjustified and nonconforming markings.

(i) Relation to patents.

(j) Limitation on charges for rights in technical data.

(k) Applicability to subcontractors or suppliers.

(End of clause)

ALTERNATE I (JUN 1995)
As prescribed in 227.7103-6(b), add the following paragraph (l) to the basic clause:

252.227-7014 Rights in Noncommercial Computer Software and Noncommercial ComputerSoftware Documentation.
As prescribed in 227.7203-6(a)(1), use the following clause.
RIGHTS IN NONCOMMERCIAL COMPUTER SOFTWARE AND NONCOMMERCIAL
COMPUTER SOFTWARE DOCUMENTATION (JUN 1995)
(a) Definitions.

(b) Rights in computer software or computer software documentation.

(c) Rights in derivative computer software or computer software documentation.

(d) Third party copyrighted computer software or computer software documentation.

(e) Identification and delivery of computer software and computer software documentation to be furnished with restrictions on use, release, or disclosure.

Computer Software to be Furnished With Restrictions*

Basis for Assertion**

Asserted Rights Category**

Name of Person Asserting Restrictions****

(LIST)

(LIST)

(LIST)

(LIST)

_____________________________

(End of identification and assertion)

(f) Marking requirements.

GOVERNMENT PURPOSE RIGHTS

______________________

The Government's rights to use, modify, reproduce, release, perform, display, or disclose this software are restricted by paragraph (b)(2) of the Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation clause contained in the above identified contract. No restrictions apply after the expiration date shown above. Any reproduction of the software or portions thereof marked with this legend must also reproduce the markings.
(End of legend)

RESTRICTED RIGHTS

______________________

(End of legend)

SPECIAL LICENSE RIGHTS

(End of legend)

(g) Contractor procedures and records.

(h) Removal of unjustified and nonconforming markings.

(i) Relation to patents.

(j) Limitation on charges for rights in computer software or computer software documentation.

(k) Applicability to subcontractors or suppliers.

(End of clause)

ALTERNATE I (JUN 1995)
As prescribed in 227.7203-6(a)(2), add the following paragraph (l) to the basic clause:

252.227-7015 Technical Data--Commercial Items.
As prescribed in 227.7102-3, use the following clause:
TECHNICAL DATA--COMMERCIAL ITEMS (NOV 1995)
(a) Definitions.

(b) License.

(c) Additional license rights.

(d) Release from liability.

(End of clause)

252.227-7016 Rights in Bid or Proposal Information.
As prescribed in 227.7103-6(e)(1), 227.7104(e)(1), or 227.7203-6(b), use the following clause:
RIGHTS IN BID OR PROPOSAL INFORMATION (JUN 1995)
(a) Definitions.

(b) Government rights prior to contract award.

(c) Government rights subsequent to contract award--

(d) Government-furnished information.

(e) Information available without restrictions.

(f) Flowdown.

(End of clause)

252.227-7017 Identification and Assertion of Use, Release, or Disclosure Restrictions.
As prescribed in 227.7103-3(b), 227.7104(e)(2), or 227.7203-3(a), use the following provision:
IDENTIFICATION AND ASSERTION OF USE, RELEASE, OR DISCLOSURE
RESTRICTIONS (JUN 1995)
(a) The terms used in this provision are defined in following clause or clauses contained in this solicitation--

(b) The identification and assertion requirements in this provision apply only to technical data, including computer software documents, or computer software to be delivered with other than unlimited rights. For contracts to be awarded under the Small Business Innovative Research Program, the notification requirements do not apply to technical data or computer software that will be generated under the resulting contract. Notification and identification is not required for restrictions based solely on copyright.
(c) Offers submitted in response to this solicitation shall identify, to the extent known at the time an offer is submitted to the Government, the technical data or computer software that the Offeror, its subcontractors or suppliers, or potential subcontractors or suppliers, assert should be furnished to the Government with restrictions on use, release, or disclosure.
(d) The Offeror's assertions, including the assertions of its subcontractors or suppliers or potential subcontractors or suppliers shall be submitted as an attachment to its offer in the following format, dated and signed by an official authorized to contractually obligate the Offeror:

Technical Data or Computer Software to be Furnished With Restrictions*

Basis for Assertion**

Asserted Rights Category***

Name of Person Asserting Restrictions****

(LIST)*****

(LIST)

(LIST)

(LIST)

*** Enter asserted rights category (e.g., government purpose license rights from a prior contract, rights in SBIR data generated under another contract, limited, restricted, or government purpose rights under this or a prior contract, or specially negotiated licenses).
**** Corporation, individual, or other person, as appropriate.
***** Enter "none" when all data or software will be submitted without restrictions.

(End of identification and assertion)

(e) An offeror's failure to submit, complete, or sign the notification and identification required by paragraph (d) of this provision with its offer may render the offer ineligible for award.
(f) If the Offeror is awarded a contract, the assertions identified in paragraph (d) of this provision shall be listed in an attachment to that contract. Upon request by the Contracting Officer, the Offeror shall provide sufficient information to enable the Contracting Officer to evaluate any listed assertion.
(End of provision)

252.227-7018 Rights in Noncommercial Technical Data and Computer Software--Small Business Innovation Research (SBIR) Program.
As prescribed in 227.7104(a), use the following clause:
RIGHTS IN NONCOMMERCIAL TECHNICAL DATA AND COMPUTER
SOFTWARE--SMALL BUSINESS INNOVATION RESEARCH (SBIR)
PROGRAM (JUN 1995)
(a) Definitions.

(b) Rights in technical data and computer software.

(c) Rights in derivative computer software or computer software documentation.

(d) Third party copyrighted technical data and computer software.

(e) Identification and delivery of technical data or computer software to be furnished with restrictions on use, release, or disclosure.

Technical Data or Computer Software to be Furnished With Restrictions*

Basis for Assertion**

Asserted Rights Category***

Name of person Asserting Restrictions****

(LIST)

(LIST)

(LIST)

(LIST)

** Generally, development at private expense, either exclusively or partially, is the only basis for asserting restrictions on the Government's rights to use, release, or disclose technical data or computer software. Indicate whether development was exclusively or partially at private expense. If development was not at private expense, enter the specific reason for asserting that the Government's rights should be restricted.
*** Enter asserted rights category (e.g., limited rights, restricted rights, government purpose rights, or government purpose license rights from a prior contract, SBIR data rights under another contract, or specifically negotiated licenses).
**** Corporation, individual, or other person, as appropriate.

(End of identification and assertion)

(f) Marking requirements.

LIMITED RIGHTS

(End of legend)

RESTRICTED RIGHTS

(End of legend)

SBIR DATA RIGHTS

(End of legend)

SPECIAL LICENSE RIGHTS

(End of legend)

(g) Contractor procedures and records.

(h) Removal of unjustified and nonconforming markings.

(i) Relation to patents.

(j) Limitation on charges for rights in technical data or computer software.

(k) Applicability to subcontractors or suppliers.

(End of clause)
ALTERNATE I (JUN 1995)
As prescribed in 227.7104(d), add the following paragraph (l) to the basic clause:

252.227-7019 Validation of Asserted Restrictions--Computer Software.
As prescribed in 227.7104(e)(3) or 227.7203-6(c), use the following clause:
VALIDATION OF ASSERTED RESTRICTIONS--COMPUTER SOFTWARE
(JUN 1995)
(a) Definitions.

(b) Justification.

(c) Direct contact with subcontractors or suppliers.

(d) Requests for information.

(e) Government right to challenge and validate asserted restrictions.

(f) Challenge procedures.

(g) Contractor appeal - Government obligation.

(h) Final disposition of appeal or suit.

(i) Flowdown.

(End of clause)

252.227-7020 Rights in Special Works.
As prescribed in 227.7105-3, 227.7106(a) or 227.7205(a), use the following clause:
RIGHTS IN SPECIAL WORKS (JUN 1995)

(a) Applicability.

(b) Definitions.

(c) License rights.

(d) Third party copyrighted data.

(e) Indemnification.

(f) Government-furnished information.

(End of clause)

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