DFARS Part 52c

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252.227-7021 Rights in Data--Existing Works.
As prescribed at 227.7105-2(a), use the following clause:
RIGHTS IN DATA--EXISTING WORKS (MAR 1979)

(End of clause)

252.227-7022 Government Rights (Unlimited).
As prescribed at 227.7107-1(a) use the following clause:
GOVERNMENT RIGHTS (UNLIMITED) (MAR 1979)
The Government shall have unlimited rights, in all drawings, designs, specifications, notes and other works developed in the performance of this contract, including the right to use same on any other Government design or construction without additional compensation to the Contractor. The Contractor hereby grants to the Government a paid-up license throughout the world to all such works to which he may assert or establish any claim under design patent or copyright laws. The Contractor for a period of three (3) years after completion of the project agrees to furnish the original or copies of all such works on the request of the Contracting Officer.
(End of clause)

252.227-7023 Drawings and Other Data to Become Property of Government.
As prescribed at 227.7107-1(b), use the following clause:
DRAWINGS AND OTHER DATA TO BECOME PROPERTY OF GOVERNMENT
(MAR 1979)
All designs, drawings, specifications, notes and other works developed in the performance of this contract shall become the sole property of the Government and may be used on any other design or construction without additional compensation to the Contractor. The Government shall be considered the "person for whom the work was prepared" for the purpose of authorship in any copyrightable

work under 17 U.S.C. 201(b). With respect thereto, the Contractor agrees not to assert or authorize others to assert any rights nor establish any claim under the design patent or copyright laws. The Contractor for a period of three (3) years after completion of the project agrees to furnish all retained works on the request of the Contracting Officer. Unless otherwise provided in this contract, the Contractor shall have the right to retain copies of all works beyond such period.
(End of clause)

252.227-7024 Notice and Approval of Restricted Designs.
As prescribed at 227.7107-3, use the following clause:
NOTICE AND APPROVAL OF RESTRICTED DESIGNS (APR 1984)
In the performance of this contract, the Contractor shall, to the extent practicable, make maximum use of structures, machines, products, materials, construction methods, and equipment that are readily available through Government or competitive commercial channels, or through standard or proven production techniques, methods, and processes. Unless approved by the Contracting Officer, the Contractor shall not produce a design or specification that requires in this construction work the use of structures, products, materials, construction equipment, or processes that are known by the Contractor to be available only from a sole source. The Contractor shall promptly report any such design or specification to the Contracting Officer and give the reason why it is considered necessary to so restrict the design or specification.
(End of clause)

252.227-7025 Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends.
As prescribed in 227.7103-6(c), 227.7104(f)(1), or 227.7203-6(d), use the following clause:
LIMITATIONS ON THE USE OR DISCLOSURE OF GOVERNMENT-FURNISHED
INFORMATION MARKED WITH RESTRICTIVE LEGENDS (JUN 1995)

(End of clause)

252.227-7026 Deferred Delivery of Technical Data or Computer Software.
As prescribed at 227.7103-8(a), use the following clause:
DEFERRED DELIVERY OF TECHNICAL DATA OR COMPUTER
SOFTWARE (APR 1988)
The Government shall have the right to require, at any time during the performance of this contract, within two (2) years after either acceptance of all items (other than data or computer software) to be delivered under this contract or termination of this contract, whichever is later, delivery of any technical data or computer software item identified in this contract as "deferred delivery" data or computer software. The obligation to furnish such technical data required to be prepared by a subcontractor and pertaining to an item obtained from him shall expire two (2) years after the date Contractor accepts the last delivery of that item from that subcontractor for use in performing this contract.
(End of clause)

252.227-7027 Deferred Ordering of Technical Data or Computer Software.
As prescribed at 227.7103-8(b), use the following clause:
DEFERRED ORDERING OF TECHNICAL DATA OR COMPUTER
SOFTWARE (APR 1988)
In addition to technical data or computer software specified elsewhere in this contract to be delivered hereunder, the Government may, at any time during the performance of this contract or within a period of three (3) years after acceptance of all items (other than technical data or computer software) to be delivered under this contract or the termination of this contract, order any technical data or computer software generated in the performance of this contract or any subcontract hereunder. When the technical data or computer software is ordered, the Contractor shall be compensated for converting the data or computer software into the prescribed form, for reproduction and delivery. The obligation to deliver the technical data of a subcontractor and pertaining to an item obtained from him shall expire three (3) years after the date the Contractor accepts the last delivery of that item from that subcontractor under this contract. The Government's rights to use said data or computer software shall be pursuant to the "Rights in Technical Data and Computer Software" clause of this contract.
(End of clause)

252.227-7028 Technical Data or Computer Software Previously Delivered to the Government.
As prescribed in 227.7103-6(d), 227.7104(f)(2), of 227.7203-6(e), use the following provision:
TECHNICAL DATA OR COMPUTER SOFTWARE PREVIOUSLY DELIVERED
TO THE GOVERNMENT (JUN 1995)
The Offeror shall attach to its offer an identification of all documents or other media incorporating technical data or computer software it intends to deliver under this contract with other than unlimited rights that are identical or substantially similar to documents or other media that the Offeror has produced for, delivered to, or is obligated to deliver to the Government under any contract or subcontract. The attachment shall identify--

(End of provision)

252.227-7029 Reserved.

252.227-7030 Technical Data--Withholding of Payment.
As prescribed at 227.7103-6(e)(2) or 227.7104(e)(4), use the following clause:
TECHNICAL DATA--WITHHOLDING OF PAYMENT (OCT 1988)

(End of clause)

252.227-7031 Reserved.

252.227-7032 Rights in Technical Data and Computer Software (Foreign).
As prescribed in 227.7103-17, use the following clause:
RIGHTS IN TECHNICAL DATA AND COMPUTER SOFTWARE (FOREIGN)
(JUN 1975)
The United States Government may duplicate, use, and disclose in any manner for any purposes whatsoever, including delivery to other governments for the furtherance of mutual defense of the United States Government and other governments, all technical data including reports, drawings and blueprints, and all computer software, specified to be delivered by the Contractor to the United States Government under this contract.
(End of clause)

252.227-7033 Rights in Shop Drawings.
As prescribed at 227.7107-1(c), use the following clause:
RIGHTS IN SHOP DRAWINGS (APR 1966)

(End of clause)

252.227-7034 Patents--Subcontracts.
As prescribed at 227.304-4, insert the following clause:
PATENTS--SUBCONTRACTS (APR 1984)
The Contractor will include the clause at FAR 52.227-12, Patent Rights--Retention by the Contractor (Long Form), suitably modified to identify the parties, in all subcontracts, regardless of tier, for experimental, developmental, or research work to be performed by other than a small business firm or nonprofit organization.
(End of clause)

252.227-7035 Reserved.

252.227-7036 Declaration of Technical Data Conformity.
As prescribed at 227.7103-6(e)(3) or 227.7104(e)(5), use the following clause:
DECLARATION OF TECHNICAL DATA CONFORMITY (JAN 1997)
All technical data delivered under this contract shall be accompanied by the following written declaration:

(End of clause)

252.227-7037 Validation of Restrictive Markings on Technical Data.
As prescribed in 227.7102-3(c), 227.7103-6(e)(4), 227.7104(e)(6), or 227.7203-6(f), use the following clause:
VALIDATION OF RESTRICTIVE MARKINGS ON TECHNICAL DATA (NOV 1995)

(End of clause)

252.227-7038 Reserved.

252.227-7039 Patents--Reporting of Subject Inventions.
As prescribed at 227.303(a), insert the following clause:
PATENTS--REPORTING OF SUBJECT INVENTIONS (APR 1990)
The Contractor shall furnish the Contracting Officer the following:

(End of clause)

252.228-7000 Reimbursement for War-Hazard Losses.
As prescribed in 228.370(a), use the following clause:
REIMBURSEMENT FOR WAR-HAZARD LOSSES (DEC 1991)

(End of clause)

252.228-7001 Ground and Flight Risk.
As prescribed in 228.370(b), use the following clause:
GROUND AND FLIGHT RISK (SEP 1996)

(End of clause)

252.228-7002 Aircraft Flight Risk.
As prescribed in 228.370(c), use the following clause:
AIRCRAFT FLIGHT RISK (SEP 1996)

(End of clause)

252.228-7003 Capture and Detention.
As prescribed in 228.370(d), use the following clause:
CAPTURE AND DETENTION (DEC 1991)

(End of clause)

252.228-7004 Bonds or Other Security.
As prescribed in 228.170, use the following provision:
BONDS OR OTHER SECURITY (DEC 1991)

(End of provision)

252.228-7005 Accident Reporting and Investigation Involving Aircraft, Missiles, and Space Launch Vehicles.
As prescribed in 228.370(e), use the following clause:

AND SPACE LAUNCH VEHICLES (DEC 1991)

(End of clause)

252.228-7006 Compliance with Spanish Laws and Insurance.
As prescribed at 228.370(f), use the following clause:
COMPLIANCE WITH SPANISH LAWS AND INSURANCE (JUN 1997)

Type of Insurance

Coverage per
Person

Coverage per
Accident

Property Damage

Comprehensive General Liability

$300,000

$1,000,000

$100,000

(End of clause)

252.229-7000 Invoices Exclusive of Taxes or Duties.
As prescribed in 229.402-1, use the following clause:
INVOICES EXCLUSIVE OF TAXES OR DUTIES (JUN 1997)
Invoices submitted in accordance with the terms and conditions of this contract shall be exclusive of all taxes or duties for which relief is available.
(End of clause)

252.229-7001 Tax Relief.
As prescribed in 229.402-70(a), use the following clause:
TAX RELIEF (JUN 1997)

(End of clause)

ALTERNATE I (JUN 1997)
As prescribed in 229.402-70(a), add the following paragraph (d) to the basic clause:

252.229-7002 Customs Exemptions (Germany).
As prescribed in 229.402-70(b), use the following clause:
CUSTOMS EXEMPTIONS (GERMANY) (JUN 1997)
Imported products required for the direct benefit of the United States Forces are authorized to be acquired duty-free by the Contractor in accordance with the provisions of the Agreement Between the United States of America and Germany Concerning Tax Relief to be Accorded by Germany to United States Expenditures in the Interest of Common Defense.
(End of clause)

252.229-7003 Tax Exemptions (Italy).
As prescribed in 229.402-70(c), use the following clause:
TAX EXEMPTIONS (ITALY) (JUN 1997)

(End of clause)

252.229-7004 Status of Contractors as a Direct Contractor (Spain).
As prescribed in 229.402-70(d), use the following clause:
STATUS OF CONTRACTOR AS A DIRECTOR CONTRACT (SPAIN) (JUN 1997)

(End of clause)

252.229-7005 Tax Exemptions (Spain).
As prescribed in 229.402-70(e), use the following clause:
TAX EXEMPTIONS (SPAIN) (JUN 1997)

(End of clause)

252.229-7006 Value Added Tax Exclusion (United Kingdom).
As prescribed in 229.402-70(f), use the following clause:
VALUE ADDED TAX EXCLUSION (UNITED KINGDOM) (JUN 1997)
The supplies or services identified in this contract are to be delivered at a price exclusive of value added tax under arrangements between the appropriate United States authorities and Her Majesty’s Customs and Excise (Reference Priv 46/7). By executing this contract, the Contracting Officer certifies that these supplies or services are being purchased for United States Government official purposes only.
(End of clause)

252.229-7007 Verification of United States Receipt of Goods.
As prescribed in 229.402-70(g), use the following clause:
VERIFICATION OF UNITED STATES RECEIPT OF GOODS (JUN 1997)
The Contractor shall insert the following statement on all Material Inspection and Receiving Reports (DD Form 250 series) for Contracting Officer approval:
‘‘I certify that the items listed on this invoice have been received by the United States.’’
(End of clause)

252.229-7008 Relief From Import Duty (United Kingdom).
As prescribed in 229.402-70(h), use the following clause:
RELIEF FROM IMPORT DUTY (UNITED KINGDOM) (JUN 1997)
Any import dutiable articles, components, or raw materials supplied to the United States Government under this contract shall be exclusive of any United Kingdom import duties. Any imported items supplied for which import duty already has been paid will be supplied at a price exclusive of the amount of import duty paid. The Contractor is advised to contact Her Majesty’s (HM) Customs and Excise to obtain a refund upon completion of the contract (Reference HM Customs and Excise Notice No. 431, February 1973, entitled ‘‘Relief from Customs Duty and/or Value Added Tax on United States Government Expenditures in the United Kingdom’’).
(End of clause)

252.229-7009 Relief from Customs Duty and Value Added Tax on Fuel (Passenger Vehicles) (United Kingdom).
As prescribed in 229.402-70(i), use the following clause:
RELIEF FROM CUSTOMS DUTY AND VALUE ADDED TAX ON FUEL
(PASSENGER VEHICLES) (UNITED KINGDOM) (JUN 1997)

(End of clause)

252.229-7010 Relief from Customs Duty on Fuel (United Kingdom).
As prescribed in 229.402-70(j), use the following clause:
RELIEF FROM CUSTOMS DUTY ON FUEL (UNITED KINGDOM) (JUN 1997)

(End of clause)

252.231-7000 Supplemental Cost Principles.
As prescribed in 231.100-70, use the following clause:
SUPPLEMENTAL COST PRINCIPLES (DEC 1991)
When the allowability of costs under this contract is determined in accordance with Part 31 of the Federal Acquisition Regulation (FAR), allowability shall also be determined in accordance with Part 231 of the Defense FAR Supplement, in effect on the date of this contract.
(End of clause)

252.232-7000 Advance Payment Pool.
As prescribed in 232.412-70(a), use the following clause:
ADVANCE PAYMENT POOL (DEC 1991)

(End of clause)

252.232-7001 Disposition of Payments.
As prescribed in 232.412-70(b), use the following clause:
DISPOSITION OF PAYMENTS (DEC 1991)
Payment will be by a dual payee Treasury check made payable to the contractor or the (insert the name of the disbursing office in the advance payment pool agreement), and will be forwarded to that disbursing office for appropriate disposition.
(End of clause)

252.232-7002 Progress Payments for Foreign Military Sales Acquisitions.
As prescribed in 232.502-4-70(a), use the following clause:
PROGRESS PAYMENTS FOR FOREIGN MILITARY SALES ACQUISITIONS (DEC 1991)
If this contract includes foreign military sales (FMS) requirements, the Contractor shall--

(End of clause)

252.232-7003 Flexible Progress Payments.
As prescribed in 232.502-4-70(b), use the following clause:
FLEXIBLE PROGRESS PAYMENTS (DEC 1991)

(End of clause)

252.232-7004 DoD Progress Payment Rates.
As prescribed in 232.502-4-70(b) and (c), use the following clause:
DOD PROGRESS PAYMENT RATES (FEB 1996)

(End of clause)

252.232-7005 Reimbursement of Subcontractor Advance Payments - DoD Pilot Mentor-Protege Program.
As prescribed in 232.412-70(c), use the following clause:
REIMBURSEMENT OF SUBCONTRACTOR ADVANCE PAYMENTS
- DOD PILOT MENTOR-PROTEGE PROGRAM (DEC 1991)

(End of clause)

252.232-7006 Reserved.

252.232-7007 Limitation of Government's obligation.
As prescribed in 232.705-70, use the following clause:
LIMITATION OF GOVERNMENT'S OBLIGATION (AUG 1993)

(End of clause)

ALTERNATE I (AUG 1993) If only one line item will be incrementally funded, substitute the following paragraph (a) for paragraph (a) of the basic clause:

*To be inserted after negotiation

252.232-7008 Assignment of Claims (Overseas).
As prescribed in 232.806(a)(1), use the following clause:
ASSIGNMENT OF CLAIMS (OVERSEAS) (JUN 1997)

(End of clause)
[Added per D.L. 98-009, DFARS Case 98-D-012, Effective 1 JUNE 1998]
252.232-7009 [Payment by Electronic Funds Transfer (CCR).
As prescribed in 232.1103, use the following clause:

Payment by Electronic Funds Transfer (CCR) (JUN 1998)

(a) Method of payment.

(2) In the event the Government is unable to release one or more payments by EFT, the Contractor agrees to either (i) accept payment by check or some other mutually agreeable method of payment, or (ii) request the Government to extend the payment due date until such time as the Government can make payment by EFT (but see paragraph (e) of this clause).

information to the CCR database.

(i) Making a correct payment;
(ii) Paying any prompt payment penalty due; and
(iii) Recovering any erroneously directed funds.

(i) If the funds are no longer under the control of the payment office, the Government is deemed to have made payment and the contractor is responsible for recovery of any erroneously directed funds; or
(ii) If the funds remain under the control of the payment office, the Government shall not make payment, and the provisions of paragraph (e) of this clause shall apply.

(End of clause)]

252.233-7000 Reserved.

252.233-7001 Choice of Law (Overseas).
As prescribed in 233.215-70, use the following clause:
CHOICE OF LAW (OVERSEAS) (JUN 1997)
This contract shall be construed and interpreted in accordance with the substantive laws of the United States of America. By the execution of this contract, the Contractor expressly agrees to waive any rights to invoke the jurisdiction of local national courts where this contract is performed and agrees to accept the exclusive jurisdiction of the United States Armed Services Board of Contract Appeals and the United States Court of Federal Claims for hearing and determination of any and all disputes that may arise under the Disputes clause of this contract.
(End of clause)

252.234-7000 Notice of Earned Value Management System.
As prescribed in 234.005-71(a), use the following provision:
NOTICE OF EARNED VALUE MANAGEMENT SYSTEM (MAR 1998)

(End of provision)

252.234-7001 Earned Value Management System.
As prescribed in 234.005-71(b), use the following clause:
EARNED VALUE MANAGEMENT SYSTEM (MAR 1998)

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(End of clause)

252.235-7000 Indemnification Under 10 U.S.C. 2354--Fixed Price.
As prescribed in 235.070-3, use the following clause:
INDEMNIFICATION UNDER 10 U.S.C. 2354--FIXED PRICE (DEC 1991)

(End of clause)

252.235-7001 Indemnification Under 10 U.S.C. 2354--Cost Reimbursement.
As prescribed in 235.070-3, use the following clause:

(End of clause)

252.235-7002 Animal Welfare.
As prescribed in 235.071(a), use the following clause:
ANIMAL WELFARE (DEC 1991)

(End of clause)

252.235-7003 Frequency Authorization.
As prescribed in 235.071(b), use the following clause:
FREQUENCY AUTHORIZATION (DEC 1991)

(End of clause)

ALTERNATE I (DEC 1991)
Substitute the following paragraph (c) for paragraph (c) of the basic clause if agency procedures authorize use of DD Form 1494, Application for Frequency Authorization:

252.235-7004 Option to Extend the Term of the Contract.
As prescribed in 235.015-71(i)(2), use the following clause:
OPTION TO EXTEND THE TERM OF THE CONTRACT (DEC 1991)
If the Contractor's proposal covers an additional period(s) which could be treated as an optional period(s), the Contracting Officer may--

(End of clause)

252.235-7005 Contractor-Acquired Property.
As prescribed in 235.015-71(i)(2), use the following clause:
CONTRACTOR-ACQUIRED PROPERTY (DEC 1991)

(End of clause)

252.235-7006 Title to Contractor-Acquired Property.
As prescribed in 235.015-71(i)(2), use the following clause:
TITLE TO CONTRACTOR-ACQUIRED PROPERTY (DEC 1991)

(End of clause)

252.235-7007 Advance Payments.
As prescribed in 235.015-71(i)(2), use the following clause:
ADVANCE PAYMENTS (DEC 1991)
The advance payment pool agreement between the Contractor and one or more military departments which is in effect as of the date of, and applies to, this contract shall govern advance payments made under this contract. If such an agreement is not in effect as of the date of this contract, the Allowable Cost and Payment clause of this contract shall govern payments to the Contractor.
(End of clause)

252.235-7008 Inspection and Acceptance.
As prescribed in 235.015-71(i)(2), use the following clause:
INSPECTION AND ACCEPTANCE (DEC 1991)
The Scientific Program Officer designated in Block 11 on the DD Form 2222 (Research Contract (SFRC)/Modification, Short Form) of this contract shall conduct inspection and acceptance of the final delivery. The Scientific Program Officer shall have at least 30 days after contractual delivery for acceptance.
(End of clause)

252.235-7009 Restriction on Printing.
As prescribed in 235.015-71(i)(2), use the following clause:
RESTRICTION ON PRINTING (DEC 1991)
The Contractor is authorized to reproduce reports, data, or other written materials, if required, provided the material produced does not exceed 5,000 production units of any page, and items consisting of multiple pages do not exceed 25,000 production units in the aggregate. The Contractor shall obtain the express prior written authorization of the Contracting Officer to reproduce material in excess of these quantities.
(End of clause)

252.235-7010 Acknowledgment of support and disclaimer.
As prescribed in 235.071(c), use the following clause:
ACKNOWLEDGMENT OF SUPPORT AND DISCLAIMER (MAY 1995)

(End of clause)

252.235-7011 Final scientific or technical report.
As prescribed in 235.071(d), use the following clause:
FINAL SCIENTIFIC OR TECHNICAL REPORT (MAY 1995)
The Contractor shall submit two copies of the approved scientific or technical report delivered under this contract to the Defense Technical Information Center (DTIC), Attn: DTIC-OC, Cameron Station, Alexandria, VA 22304-6145. The Contractor shall include a completed Standard Form 298, Report Documentation Page, with each copy of the report. For submission of reports in other than paper copy, contact the Defense Technical Information Center, Attn: DTIC-OC, Cameron Station, Alexandria, VA 22304-6145.
(End of clause)

252.236-7000 Modification Proposals - Price Breakdown.
As prescribed in 236.570(a), use the following clause:
MODIFICATION PROPOSALS - PRICE BREAKDOWN (DEC 1991)

(End of clause)

252.236-7001 Contract Drawings, Maps, and Specifications.
As prescribed in 236.570(a), use the following clause:
CONTRACT DRAWINGS, MAPS, AND SPECIFICATIONS (DEC 1991)

(End of clause)

252.236-7002 Obstruction of Navigable Waterways.
As prescribed in 236.570(b)(1), use the following clause:
OBSTRUCTION OF NAVIGABLE WATERWAYS (DEC 1991)

(End of clause)

252.236-7003 Payment for Mobilization and Preparatory Work.
As prescribed in 236.570(b)(2), use the following clause:
PAYMENT FOR MOBILIZATION AND PREPARATORY WORK (JAN 1997)

(End of clause)

252.236-7004 Payment for Mobilization and Demobilization.
As prescribed in 236.570(b)(2), use the following clause:
PAYMENT FOR MOBILIZATION AND DEMOBILIZATION (DEC 1991)

(End of clause)

252.236-7005 Airfield Safety Precautions.
As prescribed in 236.570(b)(3), use the following clause. At some airfields, the width of the primary surface is 1,500 feet (750 feet on each side of the runway centerline). In such instances, substitute the proper width in the clause.
AIRFIELD SAFETY PRECAUTIONS (DEC 1991)

(End of clause)

252.236-7006 Cost Limitation.
As prescribed in 236.570(b)(4), use the following provision:
COST LIMITATION (JAN 1997)

(End of provision)

252.236-7007 Additive or Deductive Items.
As prescribed in 236.570(b)(5), use the following provision:
ADDITIVE OR DEDUCTIVE ITEMS (DEC 1991)

(End of provision)

252.236-7008 Contract Prices--Bidding Schedules.
As prescribed in 236.570(b)(6), use the following provision:
CONTRACT PRICES--BIDDING SCHEDULES (DEC 1991)

(End of provision)

252.236-7009 Option for Supervision and Inspection Services.
As prescribed in 236.609-70, use the following clause:
OPTION FOR SUPERVISION AND INSPECTION SERVICES (DEC 1991)

(End of clause)

252.236-7010 Overseas Military Construction—Preference for United States Firms.
As prescribed in 236.570(c)(1), use the following provision:
OVERSEAS MILITARY CONSTRUCTION-PREFERENCE FOR
UNITED STATES FIRMS (JAN 1997)

(End of provision)

252.236-7011 Overseas Architect-Engineer Services—Restriction to United States Firms.
As prescribed in 236.609-70(b), use the following provision:
OVERSEAS ARCHITECT-ENGINEER SERVICES—RESTRICTION TO
UNITED STATES FIRMS (JAN 1997)

252.236-7012 Military Construction on Kwajalein Atoll--Evaluation Preference.
As prescribed in 236.570(c)(2), use the following provision:
MILITARY CONSTRUCTION ON KWAJALEIN ATOLL--
EVALUATION PREFERENCE (Mar 1998)
(a) Definitions. As used in this provision--
(1) “Marshallese firm” means a local firm incorporated in the Marshall Islands, or otherwise legally organized under the laws of the Marshall Islands, that--
(i) Is more than 50 percent owned by citizens of the Marshall Islands; or
(ii) Complies with the following:
(A) The firm has done business in the Marshall Islands on a continuing basis for not less than3 years prior to the date of issuance of this solicitation;
(B) Substantially all of the firm's directors of local operations, senior staff, and operating personnel are resident in the Marshall Islands or are U.S. citizens; and
(C) Most of the operating equipment and physical plant are in the Marshall Islands.
(2) “United States firm” means a firm incorporated in the United States that complies with the following:
(i) The corporate headquarters are in the United States;
(ii) The firm has filed corporate and employment tax returns in the United States for a minimum of 2 years (if required), has filed State and Federal income tax returns (if required) for 2 years, and has paid any taxes due as a result of these filings; and
(iii) The firm employs United States citizens in key management positions.
(b) Evaluation. Offers from firms that do not qualify as United States firms or Marshallese firms will be evaluated by adding 20 percent to the offer, unless application of the factor would not result in award to a United States firm.
(c) Status. The offeror is ________ a United States firm; ________ a Marshallese firm; ________ Other.

(End of provision)

(End of provision)

252.237-7000 Notice of Special Standards of Responsibility.
As prescribed in 237.203-70(d)(1), use the following provision:
NOTICE OF SPECIAL STANDARDS OF RESPONSIBILITY (DEC 1991)

(End of provision)

252.237-7001 Compliance with Audit Standards.
As prescribed in 237.203-70(d)(2), use the following clause:
COMPLIANCE WITH AUDIT STANDARDS (DEC 1991)
The Contractor, in performance of all audit services under this contract, shall comply with--

(End of clause)

252.237-7002 Award to Single Offeror.
As prescribed in 237.7004(a), use the following provision:
AWARD TO SINGLE OFFEROR (DEC 1991)

(End of provision)

ALTERNATE I (DEC 1991)
As prescribed in 237.7004(a), substitute the following paragraph (d) for paragraph (d) of the basic provision:

252.237-7003 Requirements.
As prescribed in 237.7004(b), use the following clause:
REQUIREMENTS (DEC 1991)

_______________________________________
_______________________________________
_______________________________________
(End of clause)

252.237-7004 Area of Performance.
As prescribed in 237.7004(b), use the following clause:
AREA OF PERFORMANCE (DEC 1991)

(End of clause)

252.237-7005 Performance and Delivery.
As prescribed in 237.7004(b), use the following clause:
PERFORMANCE AND DELIVERY (DEC 1991)

(End of clause)

252.237-7006 Subcontracting.
As prescribed in 237.7004(b), use the following clause:
SUBCONTRACTING (DEC 1991)
The Contractor shall not subcontract any work under this contract without the Contracting Officer's written approval. This clause does not apply to contracts of employment between the Contractor and its personnel.
(End of clause)

252.237-7007 Termination for Default.
As prescribed in 237.7004(b), use the following clause:
TERMINATION FOR DEFAULT (DEC 1991)

(End of clause)

252.237-7008 Group Interment.
As prescribed in 237.7004(b), use the following clause:
GROUP INTERMENT (DEC 1991)
The Government will pay the Contractor for supplies and services provided for remains interred as a group on the basis of the number of caskets furnished, rather than on the basis of the number of persons in the group.
(End of clause)

252.237-7009 Permits.
As prescribed in 237.7004(b), use the following clause:
PERMITS (DEC 1991)
The Contractor shall meet all State and local licensing requirements and obtain and furnish all necessary health department and shipping permits at no additional cost to the Government. The Contractor shall ensure that all necessary health department permits are in order for disposition of the remains.
(End of clause)

252.237-7010 Facility Requirements.
As prescribed in 237.7004(b), use the following clause:
FACILITY REQUIREMENTS (DEC 1991)

(End of clause)

252.237-7011 Preparation History.
As prescribed in 237.7004(b), use the following clause:
PREPARATION HISTORY (DEC 1991)
For each body prepared, or for each casket handled in a group interment, the Contractor shall state briefly the results of the embalming process on a certificate furnished by the Contracting Officer.
(End of clause)

252.237-7012 Instruction to Offerors (Count-of-Articles).
As prescribed in 237.7102(a), use the following provision:
INSTRUCTION TO OFFERORS (COUNT-OF-ARTICLES) (DEC 1991)

(End of provision)

252.237-7013 Instruction to Offerors (Bulk Weight).
As prescribed in 237.7102(b), use the following provision:
INSTRUCTION TO OFFERORS (BULK WEIGHT) (DEC 1991)

(End of provision)

252.237-7014 Loss or Damage (Count-of-Articles).
As prescribed in 237.7102(c), use the following clause:
LOSS OR DAMAGE (COUNT-OF-ARTICLES) (DEC 1991)

(End of clause)

252.237-7015 Loss or Damage (Weight of Articles).
As prescribed in 237.7102(d), use the following clause:
LOSS OR DAMAGE (WEIGHT OF ARTICLES) (DEC 1991)

(End of clause)

252.237-7016 Delivery Tickets.
As prescribed in 237.7102(e), use the following clause:
DELIVERY TICKETS (DEC 1991)

(End of clause)

ALTERNATE I (DEC 1991)
As prescribed 237.7102(e)(1), add the following paragraphs (c), (d), and (e) to the basic clause:

ALTERNATE II (DEC 1991)
As prescribed in 237.7102(e)(2), add the following paragraphs (c), (d), and (e) to the basic clause--

252.237-7017 Individual Laundry.
As prescribed in 237.7102(f), use the following clause:
INDIVIDUAL LAUNDRY (DEC 1991)

(End of clause)

252.237-7018 Special Definitions of Government Property.
As prescribed in 237.7102(g), use the following clause:
SPECIAL DEFINITIONS OF GOVERNMENT PROPERTY (DEC 1991)
Articles delivered to the Contractor to be laundered or dry-cleaned, including any articles which are actually owned by individual Government personnel, are Government-owned property, not Government-furnished property. Government-owned property does not fall under the requirements of any Government-furnished property clause of this contract.
(End of clause)

252.237-7019 Reserved

252.237-7020 Reserved.

252.237-7021 Reserved.

252.237-7022 Services at Installations Being Closed.
As prescribed in 237.7402, use the following clause:
SERVICES AT INSTALLATIONS BEING CLOSED (MAY 1995)
Professional employees shall be used by the local government to provide services under this contract to the extent that professionals are available in the area under the jurisdiction of such government.
(End of clause)

252.239-7000 Protection Against Compromising Emanations.
As prescribed in 239.7102-3(a), use the following clause:
PROTECTION AGAINST COMPROMISING EMANATIONS (DEC 1991)

(End of clause)

252.239-7001 Reserved.

252.239-7002 Access.
As prescribed in 239.7411(a), use the following clause:
ACCESS (DEC 1991)

(End of clause)

252.239-7003 Facilities and Services to be Furnished--Common Carriers.
As prescribed in 239.7411(a), use the following clause:

(End of clause)

252.239-7004 Orders for Facilities and Services--Common Carriers.
As prescribed in 239.7411(a), use the following clause:
ORDERS FOR FACILITIES AND SERVICES--COMMON CARRIERS (DEC 1991)
The Contractor shall acknowledge a communication service authorization or other type order for supplies and facilities by--

(End of clause)

252.239-7005 Rates, Charges, and Services--Common Carriers.
As prescribed in 239.7411(a), use the following clause:
RATES, CHARGES, AND SERVICES--COMMON CARRIERS (DEC 1991)

(End of clause)

252.239-7006 Tariff Information.
As prescribed in 239.7411(a), use the following clause:
TARIFF INFORMATION (JUL 1997)

(End of clause)

252.239-7007 Cancellation or Termination of Orders--Common Carriers.
As prescribed in 239.7411(a), use the following clause:
CANCELLATION OR TERMINATION OF ORDERS--COMMON CARRIERS
(JAN 1997)

(End of clause)

252.239-7008 Reuse Arrangements.
As prescribed in 239.7411(a), use the following clause:
REUSE ARRANGEMENTS (DEC 1991)

(End of clause)
252.239-7009 Reserved.
252.239-7010 Reserved.

252.239-7011 Special Construction and Equipment Charges.
As prescribed in 239.7411(b), use the following clause:
SPECIAL CONSTRUCTION AND EQUIPMENT CHARGES (DEC 1991)

(End of clause)

252.239-7012 Title to Telecommunication Facilities and Equipment.
As prescribed in 239.7411(b), use the following clause:
TITLE TO TELECOMMUNICATION FACILITIES AND EQUIPMENT (DEC 1991)

(End of clause)

252.239-7013 Obligation of the Government.
As prescribed in 239.7411(c), use the following clause:
OBLIGATION OF THE GOVERNMENT (DEC 1991)

(End of clause)

252.239-7014 Term of Agreement.
As prescribed in 239.7411(c), use the following clause:
TERM OF AGREEMENT (DEC 1991)

(End of clause)

252.239-7015 Continuation of Communication Service Authorizations.
As prescribed in 239.7411(c), use the following clause:
CONTINUATION OF COMMUNICATION SERVICE AUTHORIZATIONS (DEC 1991)

(End of clause)

252.239-7016 Telecommunications Security Equipment, Devices, Techniques, and Services.
As prescribed in 239.7411(d), use the following clause:
TELECOMMUNICATIONS SECURITY EQUIPMENT, DEVICES, TECHNIQUES, AND
SERVICES (DEC 1991)

(End of clause)

252.241-7000 Superseding Contract.
As prescribed in 241.501-70(a), use the following clause:
SUPERSEDING CONTRACT (DEC 1991)
This contract supersedes contract No. _________________, dated _____________ which provided similar services. Any capital credits accrued to the Government, any remaining credits due to the Government under the connection charge, or any termination liability are transferred to this contract, as follows:

(End of clause)

252.241-7001 Government Access.
As prescribed in 241.501-70(b), use the following clause:
GOVERNMENT ACCESS (DEC 1991)
Authorized representatives of the Government may have access to the Contractor's on-base facilities upon reasonable notice or in case of emergency.
(End of clause)

252.242-7000 Postaward Conference.
As prescribed in 242.570, use the following clause:
POSTAWARD CONFERENCE (DEC 1991)
The Contractor agrees to attend any postaward conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5.
(End of clause)

252.242-7001 Reserved.

252.242-7002 Reserved.

252.242-7003 Application for U.S. Government Shipping Documentation/Instructions.
As prescribed in 242.1404-2-70, use the following clause:
APPLICATION FOR U.S. GOVERNMENT SHIPPING
DOCUMENTATION/INSTRUCTIONS (DEC 1991)
The Contractor shall request Government bills of lading by submitting a DD Form 1659, Application for U.S. Government Shipping Documentation/Instructions, to the--

(End of clause)

252.242-7004 Material Management and Accounting System.
As prescribed in 242.7206, use the following clause:
MATERIAL MANAGEMENT AND ACCOUNTING SYSTEM (SEP 1996)

(End of clause)

252.242-7005 Cost/Schedule Status Report.
As prescribed in 242.1107-70(a), use the following clause:

COST/SCHEDULE STATUS REPORT (MAR 1998)

(End of clause)

252.242-7006 Cost/Schedule Status Report Plans.
As prescribed in 242.1107-70(b), use the following provision:
COST/SCHEDULE STATUS REPORT PLANS (MAR 1997)

(End of provision)

[per DFARS Case 95-D708 and D.L. 97-015, dated 29 July 97]
252.243-7000 Engineering Change Proposals.
As prescribed in 243.205-70, use the following clause:
ENGINEERING CHANGE PROPOSALS ([JUL 1997])

(End of clause)

ALTERNATE I ([MAY 1994])
As prescribed in 243.205-70, add the following paragraph (d) to the basic clause:

* Use a term suitable for the type of contract
** In cost reimbursement type contracts, replace this sentence with the following: "Change orders issued under the Changes clause of this contract are not an authorization to exceed the estimated cost in the schedule unless there is a statement in the change order, or other contract modification, increasing the estimated cost."
*** Insert a percentage of the contract price or a dollar amount

252.243-7001 Pricing of Contract Modifications.
As prescribed in 243.205-71, use the following clause:
PRICING OF CONTRACT MODIFICATIONS (DEC 1991)
When costs are a factor in any price adjustment under this contract, the contract cost principles and procedures in FAR Part 31 and DFARS Part 231, in effect on the date of this contract, apply.
(End of clause)


252.243-7002 Requests for Equitable Adjustment.
As prescribed in 243.205-72, use the following clause:

REQUESTS FOR EQUITABLE ADJUSTMENT (MAR 1998)

(a) The amount of any request for equitable adjustment to contract terms shall accurately reflect the contract adjustment for which the Contractor believes the Government is liable. The request shall include only costs for performing the change, and shall not include any costs that already have been reimbursed or that have been separately claimed. All indirect costs included in the request shall be properly allocable to the change in accordance with applicable acquisition regulations.
(b)In accordance with 10 U.S.C. 2410(a), any request for equitable adjustment to contract terms thatexceeds the simplified acquisition threshold shall bear, at the time of submission, the following certificate executed by an individual authorized to certify the request on behalf of the Contractor:
I certify that the request is made in good faith, and that the supporting data are accurate and complete to the best of may knowledge and belief.

----------------------------------------------------------------------
(Official's Name)

----------------------------------------------------------------------
(Title)

(1) Requests for routine contract payments; for example, requests for payment for accepted supplies and services, routine vouchers under a cost-reimbursement type contract, or progress payment invoices; or
(2) Final adjustment under an incentive provision of the contract.
(End of clause)

252.244-7000 Subcontracts for Commercial Items and Commercial Components (DoD Contracts).
As prescribed in 244.403, use the following clause:
SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL COMPONENTS
(DOD CONTRACTS) (FEB 1997)
In addition to the clauses listed in paragraph (c) of the Subcontracts for Commercial Items and Commercial Components 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)

252.245-7000 Government-Furnished Mapping, Charting, and Geodesy Property.
As prescribed in 245.310-70, use the following clause:
GOVERNMENT-FURNISHED MAPPING, CHARTING, AND GEODESY PROPERTY
(DEC 1991)

(End of clause)

252.245-7001 Reports of Government Property.
As prescribed in 245.505-14(a), use the following clause:
REPORTS OF GOVERNMENT PROPERTY (MAY 1994)

(End of clause)

252.246-7000 Material Inspection and Receiving Report.
As prescribed in 246.370, use the following clause:
MATERIAL INSPECTION AND RECEIVING REPORT (DEC 1991)
At the time of each delivery of supplies or services under this contract, the Contractor shall prepare and furnish to the Government a material inspection and receiving report in the manner and to the extent required by Appendix F, Material Inspection and Receiving Report, of the Defense FAR Supplement.
(End of clause)

252.246-7001 Warranty of Data.
As prescribed in 246.710(1), use the following clause:
WARRANTY OF DATA (DEC 1991)

(End of clause)

ALTERNATE I (DEC 1991)
As prescribed in 246.710(2), substitute the following for paragraph (d)(3) of the basic clause:

ALTERNATE II (DEC 1991)
As prescribed at 246.710(3), substitute the following paragraph for paragraph (d)(3) of the basic clause:

252.246-7002 Warranty of Construction (Germany).
As prescribed in 246.710(4), use the following clause:
WARRANTY OF CONSTRUCTION (GERMANY) (JUN 1997)

(End of clause)

252.247-7000 Hardship Conditions.
As prescribed in 247.270-7(a), use the following clause:
HARDSHIP CONDITIONS (DEC 1991)

(End of clause)

252.247-7001 Price Adjustment.
As prescribed in 247.270-7(b), use the following clause:
PRICE ADJUSTMENT (JAN 1997)

(End of clause)

252.247-7002 Revision of Prices.
As prescribed in 247.270-7(c), use the following clause:
REVISION OF PRICES (DEC 1991)

(End of clause)

252.247-7003 Termination.
As prescribed in 247.270-7(d), use the following clause:
TERMINATION (DEC 1991)

(End of clause)

252.247-7004 Indefinite Quantities--Fixed Charges.
As prescribed in 247.270-7(e), use the following clause:
INDEFINITE QUANTITIES--FIXED CHARGES (DEC 1991)
The amount of work and services the Contractor may be ordered to furnish shall be the amount the Contracting Officer may order from time to time. In any event, the Government is obligated to compensate the Contractor the monthly lump sum specified in the Schedule entitled Fixed Charges, for each month or portion of a month the contract remains in effect.
(End of clause)

252.247-7005 Indefinite Quantities--No Fixed Charges.
As prescribed in 247.270-7(f), use the following clause:
INDEFINITE QUANTITIES-NO FIXED CHARGES (DEC 1991)
The amount of work and services the Contractor may be ordered to furnish shall be the amount the Contracting Officer may order from time to time. In any event, the Government shall order, during the term of this contract, work or services having an aggregate value of not less than $100.
(End of clause)

252.247-7006 Removal of Contractor's Employees.
As prescribed in 247.270-7(g), use the following clause:
REMOVAL OF CONTRACTOR'S EMPLOYEES (DEC 1991)
The Contractor agrees to use only experienced, responsible, and capable people to perform the work. The Contracting Officer may require that the Contractor remove from the job, employees who endanger persons or property, or whose continued employment under this contract is inconsistent with the interest of military security.
(End of clause)

252.247-7007 Liability and Insurance.
As prescribed in 247.270-7(h), use the following clause:
LIABILITY AND INSURANCE (DEC 1991)

(End of clause)

252.247-7008 Evaluation of Bids.
As prescribed in 247.271-4(a), use the following provision:
EVALUATION OF BIDS (DEC 1991)

(End of provision)

ALTERNATE I (DEC 1991)
As prescribed in 247.271-4(a), add the following paragraph (e) to the basic clause:

252.247-7009 Award.
As prescribed in 247.271-4(b), use the following provision:
AWARD (DEC 1991)

(End of provision)

252.247-7010 Scope of Contract.
As prescribed in 247.271-4(d), use the following clause:
SCOPE OF CONTRACT (DEC 1991)

(End of clause)

252.247-7011 Period of Contract.
As prescribed in 247.271-4(e), use the following clause:
PERIOD OF CONTRACT (DEC 1991)

(End of clause)

252.247-7012 Ordering Limitation.
As prescribed in 247.271-4(g), use the following clause:
ORDERING LIMITATION (DEC 1991)

(End of clause)

252.247-7013 Contract Areas of Performance.
As prescribed in 247.271-4(h), use the following clause and complete paragraph (b) by defining each area of performance as required (see 247.271-2(b)):
CONTRACT AREAS OF PERFORMANCE (DEC 1991)

(End of clause)

252.247-7014 Demurrage.
As prescribed in 247.271-4(i), use the following clause:
DEMURRAGE (DEC 1991)
The Contractor shall be liable for all demurrage, detention, or other charges as a result of its failure to load or unload trucks, freight cars, freight terminals, vessel piers, or warehouses within the free time allowed under applicable rules and tariffs.
(End of clause)

252.247-7015 Requirements.
As prescribed in 216.505(d), substitute the following paragraph (f) for paragraph (f) of the basic clause at FAR 52.216-21.

ALTERNATE I (DEC 1991)

252.247-7016 Contractor Liability for Loss or Damage.
As prescribed in 247.271-4(k), use the following clause:
CONTRACTOR LIABILITY FOR LOSS OR DAMAGE (DEC 1991)

(End of clause)

252.247-7017 Erroneous Shipments.
As prescribed in 247.271-4(l), use the following clause:
ERRONEOUS SHIPMENTS (DEC 1991)

(End of clause)

252.247-7018 Subcontracting.
As prescribed in 247.271-4(m), use the following clause:
SUBCONTRACTING (DEC 1991)
The Contractor shall not subcontract without the prior written approval of the Contracting Officer. The facilities of any approved subcontractor shall meet the minimum standards required by this contract.
(End of clause)

252.247-7019 Drayage.
As prescribed in 247.271-4(n), use the following clause:
DRAYAGE (DEC 1991)

(End of clause)

252.247-7020 Additional Services.
As prescribed in 247.271-4(o), use the following clause:
ADDITIONAL SERVICES (DEC 1991)
The Contractor shall provide additional services not included in the schedule, but required for satisfactory completion of the services ordered under this contract, at a rate comparable to the rate for like services as contained in tenders on file with the Interstate Commerce Commission, state regulatory bodies, or the Military Traffic Management Command, in effect at time of order.
(End of clause)

252.247-7021 Returnable Cylinders and Other Containers.
As prescribed in 247.305-70, use the following clause:
RETURNABLE CONTAINERS OTHER THAN CYLINDERS (MAY 1995)

These containers shall become Government property.

(End of clause)

252.247-7022 Representation of Extent of Transportation by Sea.
As prescribed in 247.573(a), use the following provision:
REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (AUG 1992)

(End of provision)

252.247-7023 Transportation of Supplies by Sea.
As prescribed in 247.573(b), use the following clause:
TRANSPORTATION OF SUPPLIES BY SEA (NOV 1995)

(End of clause)

252.247-7024 Notification of Transportation of Supplies by Sea.
As prescribed in 247.573(c), use the following clause:
NOTIFICATION OF TRANSPORTATION OF SUPPLIES BY SEA (NOV 1995)

(End of clause)

252.247-7025 Reflagging or Repair Work.
As prescribed in 247.573(d), use the following clause:
REFLAGGING OR REPAIR WORK (MAY 1995)

(End of clause)

252.248-7000 Preparation of Value Engineering Change Proposals.
As prescribed in 248.270, use the following clause:
PREPARATION OF VALUE ENGINEERING CHANGE PROPOSALS (MAY 1994)
Prepare value engineering change proposals, for submission pursuant to the value engineering clause of this contract, in the format prescribed by the version of MIL-STD-973 in effect on the date of contract award.
(End of clause)

252.249-7000 Special Termination Costs.
As prescribed in 249.501-70, use the following clause:
SPECIAL TERMINATION COSTS (DEC 1991)

(End of clause)

252.249-7001 Reserved.

252.249-7002 Notification of Anticipated Contract Termination or Reduction.
As prescribed in 249.7003(c), use the following clause:
NOTIFICATION OF ANTICIPATED CONTRACT TERMINATION OR REDUCTION
(DEC 1996)

(End of clause)

252.251-7000 Ordering From Government Supply Sources.
As prescribed in 251.107, use the following clause:
ORDERING FROM GOVERNMENT SUPPLY SOURCES (MAY 1995)

(End of clause)

252.251-7001 Use of Interagency Fleet Management System (IFMS) Vehicles and Related Services.
As prescribed in 251.205, use the following clause:
USE OF INTERAGENCY FLEET MANAGEMENT SYSTEM (IFMS) VEHICLES
AND RELATED SERVICES (DEC 1991)

(End of clause)

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