CHEERS Open Period 2 - All Technical Areas

Provisions and Clauses

DOCUMENT NUMBER SOLICITATION NUMBER
FA2384-24-S-2335 (Not Set)
Amendment 01
CLAUSES INCORPORATED BY REFERENCE
CLAUSE ALT NO/ YEAR-
CLAUSE TITLE SECTION
NO DEV NO MO
Requirements Relating to Compensation of Former DoD
252.203-7000 2011-09 SEC I
Officials.
Prohibition on Persons Convicted of Fraud or Other Defense-
252.203-7001 2023-01 SEC I
Contract-Related Felonies.
252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2022-12 SEC I
252.203-7003 Agency Office of the Inspector General. 2019-08 SEC I
252.203-7004 Display of Hotline Posters. 2023-01 SEC I
Representation Relating to Compensation of Former DoD
252.203-7005 2022-09 SEC K
Officials.
252.204-7000 Disclosure of Information. 2016-10 SEC I
252.204-7003 Control of Government Personnel Work Product. 1992-04 SEC I
252.204-7004 Antiterrorism Awareness Training for Contractors. 2023-01 SEC I
252.204-7006 Billing Instructions-Cost Vouchers 2023-05 SEC G
Compliance with Safeguarding Covered Defense Information
252.204-7008 2016-10 SEC K
Controls.
Safeguarding Covered Defense Information and Cyber
252.204-7012 2023-01 SEC I
Incident Reporting.
Notice of Authorized Disclosure of Information for Litigation
252.204-7015 2023-01 SEC I
Support.
Prohibition on the Acquisition of Covered Defense
252.204-7017 2021-05 SEC K
Telecommunications Equipment or Services-Representation.
Prohibition on the Acquisition of Covered Defense
252.204-7018 2023-01 SEC I
Telecommunications Equipment or Services.
252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements. 2023-11 SEC L
252.204-7020 NIST SP 800-171 DoD Assessment Requirements. 2023-11 SEC I
252.204-7022 Expediting Contract Closeout. 2021-05 SEC I
252.204-7024 Notice on the Use of the Supplier Performance Risk System. 2023-03 SEC L
252.205-7000 Provision of Information to Cooperative Agreement Holders. 2023-06 SEC I
Subcontracting with Firms that are Owned or Controlled by the
252.209-7004 2019-05 SEC I
Government of a Country that is a State Sponsor of Terrorism.
252.215-7002 Cost Estimating System Requirements. 2012-12 SEC I
252.215-7009 Proposal Adequacy Checklist. 2023-03 SEC L
Supplies and Services Provided by Nontraditional Defense
252.215-7013 2023-01 SEC L
Contractors.
Exception from Certified Cost or Pricing Data Requirements
252.215-7014 2022-12 SEC I
for Foreign Military Sales Indirect Offsets.
252.215-7016 Notification to Offerors-Postaward Debriefings. 2022-12 SEC L
252.216-7010 Postaward Debriefings for Task Orders and Delivery Orders. 2022-12 SEC I
252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements. 2023-01 SEC I
252.223-7004 Drug-Free Work Force. 1988-09 SEC I
Prohibition on Storage, Treatment, and Disposal of Toxic or
252.223-7006 2014-09 SEC I
Hazardous Materials.
252.223-7008 Prohibition of Hexavalent Chromium. 2023-01 SEC I
252.225-7000 Buy American--Balance of Payments Program Certificate. 2024-02 SEC K
252.225-7001 Buy American and Balance of Payments Program. 2024-02 SEC I
252.225-7002 Qualifying Country Sources as Subcontractors. 2022-03 SEC I
Report of Intended Performance Outside the United States and
252.225-7003 2020-10 SEC L
Canada -Submission with Offer
Report of Intended Performance Outside the United States and
Page 1 of 60

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252.225-7004 Canada -Submission after Award. 2020-10 SEC I
252.225-7012 Preference for Certain Domestic Commodities. 2022-04 SEC I
252.225-7048 Export-Controlled Items. 2013-06 SEC I
Representation Regarding Business Operations with the
252.225-7055 2022-05 SEC K
Maduro Regime.
Prohibition Regarding Business Operations with the Maduro
252.225-7056
Regime.
2023-01 SEC I
Preaward Disclosure of Employment of Individuals Who Work
252.225-7057 2022-08 SEC K
in the People's Republic of China.
Postaward Disclosure of Employment of Individuals Who
252.225-7058 2023-01 SEC I
Work in the People's Republic of China.
Prohibition on Certain Procurements from the Xinjiang
252.225-7059 2023-06 SEC K
Uyghur Autonomous Region-Representation.
Prohibition on Certain Procurements from the Xinjiang
252.225-7060 2023-06 SEC I
Uyghur Autonomous Region.
Utilization of Indian Organizations, Indian-Owned Economic
252.226-7001 2023-01 SEC I
Enterprises, and Native Hawaiian Small Business Concerns.
Rights in Technical Data-Other Than Commercial Products
252.227-7013
and Commercial Services.
2023-03 SEC I
Rights in Technical Data-Other Than Commercial Products
252.227-7013 ALT I 1995-06 SEC I
and Commercial Services. (Alternate I)
Rights in Other Than Commercial Computer Software and
252.227-7014 2023-03 SEC I
Other Than Commercial Computer Software Documentation.
Rights in Other Than Commercial Computer Software and
252.227-7014 ALT I Other Than Commercial Computer Software Documentation. 1995-06 SEC I
(Alternate I)
252.227-7022 Government Rights (Unlimited). 1979-03 SEC I
252.227-7038 Patent Rights-Ownership by the Contractor (Large Business) 2012-06 SEC I
252.227-7039 Patents--Reporting of Subject Inventions. 1990-04 SEC I
252.231-7000 Supplemental Cost Principles 1991-12 SEC G
252.232-7003 Electronic Submission of Payment Requests and Receiving 2018-12 SEC G
Reports.
252.232-7010 Levies on Contract Payments. 2006-12 SEC I
252.232-7011 Payments in Support of Emergencies and Contingency 2013-05 SEC I
Operations.
252.242-7004 Material Management and Accounting System. 2011-05 SEC I
252.242-7005 Contractor Business Systems. 2012-02 SEC I
252.242-7006 Accounting System Administration. 2012-02 SEC I
252.243-7001 Pricing of Contract Modifications. 1991-12 SEC I
252.243-7002 Requests for Equitable Adjustment. 2022-12 SEC I
252.244-7000 Subcontracts for Commercial Products or Commercial 2023-11 SEC I
Services.
252.244-7001 Contractor Purchasing System Administration. 2014-05 SEC I
252.245-7000 Government-Furnished Mapping, Charting, and Geodesy 2012-04 SEC I
Property.
252.245-7003 Contractor Property Management System Administration 2012-04 SEC I
252.245-7005 Management and Reporting of Government Property. 2024-01 SEC I
52.202-1 Definitions. 2020-06 SEC I
52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. 2014-05 SEC I
52.203-12 Limitation on Payments to Influence Certain Federal 2020-06 SEC I
Transactions.
52.203-13 Contractor Code of Business Ethics and Conduct. 2021-11 SEC I
Prohibition on Requiring Certain Internal Confidentiality
52.203-19 2017-01 SEC I
Agreements or Statements.
52.203-3 Gratuities. 1984-04 SEC I
52.203-5 Covenant Against Contingent Fees. 2014-05 SEC I
52.203-6 Restrictions on Subcontractor Sales to the Government. 2020-06 SEC I
52.203-7 Anti-Kickback Procedures. 2020-06 SEC I
Cancellation, Rescission, and Recovery of Funds for Illegal or
52.203-8 2014-05 SEC I
Improper Activity.
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52.204-10 Reporting Executive Compensation and First-Tier Subcontract 2020-06 SEC I
Awards.
52.204-13 System for Award Management Maintenance. 2018-10 SEC I
52.204-16 Commercial and Government Entity Code Reporting. 2020-08 SEC L
52.204-18 Commercial and Government Entity Code Maintenance. 2020-08 SEC I
Incorporation by Reference of Representations and
52.204-19 2014-12 SEC I
Certifications.
52.204-22 Alternative Line Item Proposal. 2017-01 SEC L
Prohibition on Contracting for Hardware, Software, and
52.204-23 Services Developed or Provided by Kaspersky Lab Covered 2023-12 SEC I
Entities.
Representation Regarding Certain Telecommunications and
52.204-24 2021-11 SEC K
Video Surveillance Services or Equipment.
Prohibition on Contracting for Certain Telecommunications
52.204-25 2021-11 SEC I
and Video Surveillance Services or Equipment.
52.204-27 Prohibition on a ByteDance Covered Application. 2023-06 SEC I
Federal Acquisition Supply Chain Security Act Orders-
52.204-29 2023-12 SEC K
Representation and Disclosures.
Printed or Copied Double-Sided on Postconsumer Fiber
52.204-4 2011-05 SEC I
Content Paper.
52.204-7 System for Award Management. 2018-10 SEC L
52.207-4 Economic Purchase Quantity-Supplies. 1987-08 SEC L
Solicitation of Offers from Small Business Concerns and
52.207-6 Small Business Teaming Arrangements or Joint Ventures 2022-12 SEC L
(Multiple-Award Contracts).
Prohibition on Contracting with Inverted Domestic
52.209-10 2015-11 SEC I
Corporations.
Violation of Arms Control Treaties or Agreements-
52.209-13 2021-11 SEC K
Certification.
Protecting the Government's Interest When Subcontracting
52.209-6 with Contractors Debarred, Suspended, or Proposed for 2021-11 SEC I
Debarment.
52.209-7 Information Regarding Responsibility Matters. 2018-10 SEC K
Updates of Publicly Available Information Regarding
52.209-9 2018-10 SEC I
Responsibility Matters.
52.210-1 Market Research. 2021-11 SEC I
52.211-17 Delivery of Excess Quantities. 1989-09 SEC F
52.211-5 Material Requirements. 2000-08 SEC I
52.215-10 Price Reduction for Defective Certified Cost or Pricing Data. 2011-08 SEC I
52.215-12 Subcontractor Certified Cost or Pricing Data. 2020-06 SEC I
52.215-15 Pension Adjustments and Asset Reversions. 2010-10 SEC I
52.215-16 Facilities Capital Cost of Money. 2003-06 SEC L
Reversion or Adjustment of Plans for Postretirement Benefits
52.215-18 2005-07 SEC I
(PRB) Other Than Pensions.
52.215-19 Notification of Ownership Changes. 1997-10 SEC I
52.215-2 Audit and Records-Negotiation. 2020-06 SEC I
Requirements for Certified Cost or Pricing Data and Data
52.215-20 2021-11 SEC L
Other Than Certified Cost or Pricing Data.
Requirements for Certified Cost or Pricing Data and Data
52.215-21 2021-11 SEC I
Other Than Certified Cost or Pricing Data-Modifications.
52.215-8 Order of Precedence-Uniform Contract Format. 1997-10 SEC I
52.216-12 Cost-Sharing Contract-No Fee. 1984-04 SEC I
52.216-8 Fixed Fee. 2011-06 SEC I
52.217-2 Cancellation Under Multi-year Contracts. 1997-10 SEC I
52.219-16 Liquidated Damages-Subcontracting Plan. 2021-09 SEC I
52.219-8 Utilization of Small Business Concerns. 2024-02 SEC I
52.219-9 Small Business Subcontracting Plan. 2023-09 SEC I
52.219-9 ALT II Small Business Subcontracting Plan. (Alternate II) 2016-11 SEC I
52.222-19 Child Labor-Cooperation with Authorities and Remedies. 2024-02 SEC I
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52.222-35 Equal Opportunity for Veterans. 2020-06 SEC I
52.222-36 Equal Opportunity for Workers with Disabilities. 2020-06 SEC I
52.222-37 Employment Reports on Veterans. 2020-06 SEC I
52.222-50 Combating Trafficking in Persons. 2021-11 SEC I
52.222-54 Employment Eligibility Verification. 2022-05 SEC I
52.223-18 Encouraging Contractor Policies to Ban Text Messaging While 2020-06 SEC I
Driving.
52.224-3 Privacy Training. 2017-01 SEC I
52.224-3 ALT I Privacy Training. (Alternate I) 2017-01 SEC I
52.225-13 Restrictions on Certain Foreign Purchases. 2021-02 SEC I
52.228-7 Insurance-Liability to Third Persons. 1996-03 SEC I
52.229-11 Tax on Certain Foreign Procurements-Notice and 2020-06 SEC K
Representation.
52.229-12 Tax on Certain Foreign Procurements. 2021-02 SEC I
52.229-3 Federal, State, and Local Taxes. 2013-02 SEC I
52.230-1 Cost Accounting Standards Notices and Certification. 2020-06 SEC K
52.230-2 Cost Accounting Standards. 2020-06 SEC I
52.230-6 Administration of Cost Accounting Standards. 2010-06 SEC I
52.230-7 Proposal Disclosure-Cost Accounting Practice Changes. 2005-04 SEC K
52.232-17 Interest. 2014-05 SEC I
52.232-20 Limitation of Cost. 1984-04 SEC I
52.232-22 Limitation of Funds. 1984-04 SEC I
52.232-23 Assignment of Claims. 2014-05 SEC I
52.232-33 Payment by Electronic Funds Transfer-System for Award 2018-10 SEC I
Management.
52.232-39 Unenforceability of Unauthorized Obligations. 2013-06 SEC I
Providing Accelerated Payments to Small Business
52.232-40 2023-03 SEC I
Subcontractors.
52.233-1 Disputes. 2014-05 SEC I
52.233-3 Protest after Award. 1996-08 SEC I
52.233-3 ALT I Protest after Award. (Alternate I) 1985-06 SEC I
52.233-4 Applicable Law for Breach of Contract Claim. 2004-10 SEC I
52.242-1 Notice of Intent to Disallow Costs. 1984-04 SEC I
52.242-13 Bankruptcy. 1995-07 SEC I
52.242-15 Stop-Work Order. 1989-08 SEC F
52.242-15 ALT I Stop-Work Order. (Alternate I) 1984-04 SEC F
52.242-17 Government Delay of Work. 1984-04 SEC F
52.242-3 Penalties for Unallowable Costs. 2022-12 SEC I
52.242-5 Payments to Small Business Subcontractors. 2017-01 SEC I
52.243-1 Changes-Fixed-Price. 1987-08 SEC I
52.243-2 Changes-Cost-Reimbursement. 1987-08 SEC I
52.244-6 Subcontracts for Commercial Products and Commercial 2025-03 SEC I
Services. (Deviation 2025-O0003)
52.245-1 Government Property. 2021-09 SEC I
52.245-9 Use and Charges. 2012-04 SEC I
52.246-16 Responsibility for Supplies. 1984-04 SEC E
52.246-2 Inspection of Supplies-Fixed-Price. 1996-08 SEC E
52.246-23 Limitation of Liability. 1997-02 SEC I
52.246-3 Inspection of Supplies-Cost-Reimbursement. 2001-05 SEC E
52.247-34 F.o.b. Destination. 1991-11 SEC F
52.247-35 F.o.b. Destination, Within Consignee's Premises. 1984-04 SEC F
52.247-6 Financial Statement. 1984-04 SEC L
52.249-2 Termination for Convenience of the Government (Fixed-Price). 2012-04 SEC I
52.249-6 Termination (Cost-Reimbursement). 2004-05 SEC I
52.249-8 Default (Fixed-Price Supply and Service). 1984-04 SEC I
52.253-1 Computer Generated Forms. 1991-01 SEC I
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252.204-7012 Safeguarding Covered Defense Information and Cyber 2024-05 SEC I
Incident Reporting (Deviation 2024-O00013 Revision 1)
252.225-7966 Prohibition Regarding Russian Fossil Fuel Business 2024-02 SEC I
Operations – Representation (Deviation 2024 – O0006,
Revision 1)
252.239-7009 Representation of Use of Cloud Computing. 2015-09 SEC K
252.204-7002 Payment for Contract Line or Subline Items Not Separately 2020-04 SEC G
Priced
252.219-7003 Small Business Subcontracting Plan (DoD Contracts). 2019-12 SEC I
Limitations on the Use or Disclosure of Government-
252.227-7025 2023-01 SEC I
Furnished Information Marked With Restrictive Legends
252.235-7000 Indemnification Under 10 U.S.C. 3861--Fixed Price. 2022-12 SEC I
252.235-7011 Final Scientific or Technical Report. 2019-12 SEC I
252.239-7018 Supply Chain Risk. 2022-12 SEC I
252.246-7007 Contractor Counterfeit Electronic Part Detection and 2023-01 SEC I
Avoidance System.
252.246-7008 Sources of Electronic Parts. 2023-01 SEC I
52.227-1 ALT I Authorization and Consent. (Alternate I) 1984-04 SEC I
52.227-1 Authorization and Consent. 2020-06 SEC I
52.227-10 Filing of Patent Applications-Classified Subject Matter. 2007-12 SEC I
Notice and Assistance Regarding Patent and Copyright
52.227-2 2020-06 SEC I
Infringement.
Basic Safeguarding of Covered Contractor Information
52.204-21 2021-11 SEC I
Systems.
52.215-17 Waiver of Facilities Capital Cost of Money. 1997-10 SEC I
52.215-23 Limitations on Pass-Through Charges. 2020-06 SEC I
52.215-23 ALT I Limitations on Pass-Through Charges. (Alternate I) 2009-10 SEC I
52.216-11 Cost Contract-No Fee. 1984-04 SEC I
52.216-11 ALT I Cost Contract-No Fee. (Alternate I) 1984-04 SEC I
Exemption from Application of the Service Contract Labor
52.222-51 Standards to Contracts for Maintenance, Calibration, or Repair 2014-05 SEC I
of Certain Equipment-Requirements.
52.223-6 Drug-Free Workplace. 2001-05 SEC I
52.243-1 ALT V Changes-Fixed-Price. (Alternate V) 1984-04 SEC I
52.246-26 Reporting Nonconforming Items. 2021-11 SEC I
52.246-4 Inspection of Services-Fixed-Price. 1996-08 SEC E
52.246-9 Inspection of Research and Development (Short Form). 1984-04 SEC E
52.249-9 Default (Fixed-Price Research and Development). 1984-04 SEC I
52.249-6 ALT IV Termination (Cost-Reimbursement). (Alternate IV) 1996-09 SEC I
52.244-5 Competition in Subcontracting. 1996-12 SEC I
52.246-7 Inspection of Research and Development-Fixed-Price. 1996-08 SEC E
52.246-8 Inspection of Research and Development-Cost-Reimbursement. 2001-05 SEC E
Inspection of Research and Development-Cost-
52.246-8 ALT I 1984-04 SEC E
Reimbursement. (Alternate I)
Termination for Convenience of the Government (Fixed-Price)
52.249-1 ALT I 1984-04 SEC I
(Short Form). (Alternate I)
Termination for Convenience of the Government (Fixed-Price)
52.249-1
(Short Form). 1984-04 SEC I
Termination for Convenience of the Government (Educational
52.249-5 2016-08 SEC I
and Other Nonprofit Institutions).
52.249-14 Excusable Delays. 1984-04 SEC I
Limitations on the Use or Disclosure of Third-Party Contractor
252.204-7009 2023-01 SEC I
Reported Cyber Incident Information.
Restriction on the Acquisition of Certain Magnets, Tantalum,
252.225-7052
and Tungsten. 2023-01 SEC I
Page 5 of 60

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252.228-7001 Ground and Flight Risk. 2023-03 SEC I
CLAUSES IN FULL TEXT
CLAUSE ALT NO/ YEAR-
CLAUSE TITLE
NO DEV NO MO
CLAUSE TEXT
52.204-2 Security Requirements. 2021-03
As prescribed in 4.404(a), insert the following clause:
Security Requirements (Mar 2021)
(a) This clause applies to the extent that this contract involves access to information classified
"Confidential," "Secret," or "Top Secret."
(b) The Contractor shall comply with-
(1) The Security Agreement DD Form441), including the National Industrial Security Program
Operating Manual (32 CFR part 117); and
(2) Any revisions to that manual, notice of which has been furnished to the Contractor.
(c) If, subsequent to the date of this contract, the security classification or security requirements under
this contract are changed by the Government and if the changes cause an increase or decrease in security
costs or otherwise affect any other term or condition of this contract, the contract shall be subject to an
equitable adjustment as if the changes were directed under the Changes clause of this contract.
(d) The Contractor agrees to insert terms that conform substantially to the language of this clause,
including this paragraph (d) but excluding any reference to the Changes clause of this contract, in all
subcontracts under this contract that involve access to classified information.
(End of clause)
Notification of Employee Rights Under the National Labor
52.222-40 2010-12
Relations Act.
As prescribed in 22.1605 , insert the following clause:
Notification of Employee Rights Under the National Labor Relations Act (DEC 2010)
(a) During the term of this contract, the Contractor shall post an employee notice, of such size and in
such form, and containing such content as prescribed by the Secretary of Labor, in conspicuous places in
and about its plants and offices where employees covered by the National Labor Relations Act engage in
activities relating to the performance of the contract, including all places where notices to employees are
customarily posted both physically and electronically, in the languages employees speak, in accordance
with 29 CFR471.2 (d) and (f).
(1) Physical posting of the employee notice shall be in conspicuous places in and about the
Contractor's plants and offices so that the notice is prominent and readily seen by employees who are
covered by the National Labor Relations Act and engage in activities related to the performance of the
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contract.
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(2) If the Contractor customarily posts notices to employees electronically, then the Contractor shall
also post the required notice electronically by displaying prominently, on any website that is maintained
by the Contractor and is customarily used for notices to employees about terms and conditions of
employment, a link to the Department of Labor's website that contains the full text of the poster. The link
to the Department's website, as referenced in (b)(3) of this section, must read, "Important Notice about
Employee Rights to Organize and Bargain Collectively with Their Employers."
(b) This required employee notice, printed by the Department of Labor, may be-
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(1) Obtained from the Division of Interpretations and Standards, Office of Labor-Management
Standards, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N-5609, Washington, DC
20210, (202) 693-0123, or from any field office of the Office of Labor-Management Standards or Office
of Federal Contract Compliance Programs;
(2) Provided by the Federal contracting agency if requested;
(3) Downloaded from the Office of Labor-Management Standards Web site at http://www.dol.gov
/olms/regs/compliance/EO13496.htm; or
(4) Reproduced and used as exact duplicate copies of the Department of Labor's official poster.
(c) The required text of the employee notice referred to in this clause is located at Appendix A,
Subpart A, 29 CFR Part 471.
(d) The Contractor shall comply with all provisions of the employee notice and related rules,
regulations, and orders of the Secretary of Labor.
(e) In the event that the Contractor does not comply with the requirements set forth in paragraphs (a)
through (d) of this clause, this contract may be terminated or suspended in whole or in part, and the
Contractor may be suspended or debarred in accordance with 29 CFR 471.14 and subpart 9.4. Such other
sanctions or remedies may be imposed as are provided by 29 CFR part 471, which implements Executive
Order 13496 or as otherwise provided by law.
(f) Subcontracts.
(1) The Contractor shall include the substance of this clause, including this paragraph (f), in every
subcontract that exceeds $10,000 and will be performed wholly or partially in the United States, unless
exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to section 3 of
Executive Order 13496 of January 30, 2009, so that such provisions will be binding upon each
subcontractor.
(2) The Contractor shall not procure supplies or services in a way designed to avoid the applicability
of Executive Order 13496 or this clause.
(3) The Contractor shall take such action with respect to any such subcontract as may be directed by
the Secretary of Labor as a means of enforcing such provisions, including the imposition of sanctions for
noncompliance.
(4) However, if the Contractor becomes involved in litigation with a subcontractor, or is threatened
with such involvement, as a result of such direction, the Contractor may request the United States,
through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.
(End of clause)
52.232-1 Payments. 1984-04
As prescribed in 32.111(a)(1), insert the following clause, appropriately modified with respect to
payment due date in accordance with agency regulations, in solicitations and contracts when a fixed-
price supply contract, a fixed-price service contract, or a contract for nonregulated communication
services is contemplated:
Payments (APR 1984)
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The Government shall pay the Contractor, upon the submission of proper invoices or vouchers, the
prices stipulated in this contract for supplies delivered and accepted or services rendered and accepted,
less any deductions provided in this contract. Unless otherwise specified in this contract, payment shall
be made on partial deliveries accepted by the Government if-
(a) The amount due on the deliveries warrants it; or
(b) The Contractor requests it and the amount due on the deliveries is at least $1,000 or 50 percent of
the total contract price.
(End of clause)
52.232-11 Extras. 1984-04
As prescribed in 32.111(c)(2), insert the following clause, appropriately modified with respect to
payment due dates in accordance with agency regulations, in solicitations and contracts when a fixed-
price supply contract, fixed-price service contract, or transportation contract is contemplated:
Extras (APR 1984)
Except as otherwise provided in this contract, no payment for extras shall be made unless such extras
and the price therefor have been authorized in writing by the Contracting Officer.
(End of clause)
52.232-25 Prompt Payment. 2017-01
As prescribed in 32.908(c), insert the following clause:
Prompt Payment (JAN 2017)
Notwithstanding any other payment clause in this contract, the Government will make invoice
payments under the terms and conditions specified in this clause. The Government considers payment as
being made on the day a check is dated or the date of an electronic funds transfer (EFT). Definitions of
pertinent terms are set forth in sections 2.101, 32.001, and 32.902 of the Federal Acquisition Regulation.
All days referred to in this clause are calendar days, unless otherwise specified. (However, see paragraph
(a)(4) of this clause concerning payments due on Saturdays, Sundays, and legal holidays.)
(a) Invoice payments- (1) Due date.
(i) Except as indicated in paragraphs (a)(2) and (c) of this clause, the due date for making invoice
payments by the designated payment office is the later of the following two events:
(A) The 30 thday after the designated billing office receives a proper invoice from the Contractor
(except as provided in paragraph (a)(1)(ii) of this clause).
(B) The 30 thday after Government acceptance of supplies delivered or services performed. For a
final invoice, when the payment amount is subject to contract settlement actions, acceptance is deemed
to occur on the effective date of the contract settlement.
(ii) If the designated billing office fails to annotate the invoice with the actual date of receipt at the
time of receipt, the invoice payment due date is the 30 thday after the date of the Contractor's invoice,
Page 10 of 60

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provided the designated billing office receives a proper invoice and there is no disagreement over
quantity, quality, or Contractor compliance with contract requirements.
(2) Certain food products and other payments.
(i) Due dates on Contractor invoices for meat, meat food products, or fish; perishable agricultural
commodities; and dairy products, edible fats or oils, and food products prepared from edible fats or oils
are-
(A) For meat or meat food products, as defined in section 2(a)(3) of the Packers and Stockyard Act
of1921 (7 U.S.C.182(3)), and as further defined in Pub.L.98-181, including any edible fresh or frozen
poultry meat, any perishable poultry meat food product, fresh eggs, and any perishable egg product, as
close as possible to, but not later than, the 7 thday after product delivery.
(B) For fresh or frozen fish, as defined in section 204(3) of the Fish and Seafood Promotion Act
of1986 (16 U.S.C.4003(3)), as close as possible to, but not later than, the 7 thday after product delivery.
(C) For perishable agricultural commodities, as defined in section 1(4) of the Perishable Agricultural
Commodities Act of1930 (7 U.S.C.499a(4)), as close as possible to, but not later than, the 10 thday after
product delivery, unless another date is specified in the contract.
(D) For dairy products, as defined in section 111(e) of the Dairy Production Stabilization Act of1983
(7 U.S.C.4502(e)), edible fats or oils, and food products prepared from edible fats or oils, as close as
possible to, but not later than, the 10 thday after the date on which a proper invoice has been received.
Liquid milk, cheese, certain processed cheese products, butter, yogurt, ice cream, mayonnaise, salad
dressings, and other similar products, fall within this classification. Nothing in the Act limits this
classification to refrigerated products. When questions arise regarding the proper classification of a
specific product, prevailing industry practices will be followed in specifying a contract payment due
date. The burden of proof that a classification of a specific product is, in fact, prevailing industry practice
is upon the Contractor making the representation.
(ii) If the contract does not require submission of an invoice for payment (e.g., periodic lease
payments), the due date will be as specified in the contract.
(3) Contractor's invoice. The Contractor shall prepare and submit invoices to the designated billing
office specified in the contract. A proper invoice must include the items listed in paragraphs (a)(3)(i)
through (a)(3)(x) of this clause. If the invoice does not comply with these requirements, the designated
billing office will return it within 7 days after receipt (3 days for meat, meat food products, or fish; 5
days for perishable agricultural commodities, dairy products, edible fats or oils, and food products
prepared from edible fats or oils), with the reasons why it is not a proper invoice. The Government will
take into account untimely notification when computing any interest penalty owed the Contractor.
(i) Name and address of the Contractor.
(ii) Invoice date and invoice number. (The Contractor should date invoices as close as possible to the
date of the mailing or transmission.)
(iii) Contract number or other authorization for supplies delivered or services performed (including
order number and line item number).
(iv) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or
services performed.
(v) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt
payment terms). Bill of lading number and weight of shipment will be shown for shipments on
Government bills of lading.
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(vi) Name and address of Contractor official to whom payment is to be sent (must be the same as that
in the contract or in a proper notice of assignment).
(vii) Name (where practicable), title, phone number, and mailing address of person to notify in the
event of a defective invoice.
(viii) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only
if required elsewhere in this contract.
(ix) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere
in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a
proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with
the applicable solicitation provision (e.g., 52.232-38, Submission of Electronic Funds Transfer
Information with Offer), contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System
for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for
Award Management), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by
EFT.
(x) Any other information or documentation required by the contract (e.g., evidence of shipment).
(4) Interest penalty. The designated payment office will pay an interest penalty automatically, without
request from the Contractor, if payment is not made by the due date and the conditions listed in
paragraphs (a)(4)(i) through (a)(4)(iii) of this clause are met, if applicable. However, when the due date
falls on a Saturday, Sunday, or legal holiday, the designated payment office may make payment on the
following working day without incurring a late payment interest penalty.
(i) The designated billing office received a proper invoice.
(ii) The Government processed a receiving report or other Government documentation authorizing
payment, and there was no disagreement over quantity, quality, or Contractor compliance with any
contract term or condition.
(iii) In the case of a final invoice for any balance of funds due the Contractor for supplies delivered or
services performed, the amount was not subject to further contract settlement actions between the
Government and the Contractor.
(5) Computing penalty amount. The Government will compute the interest penalty in accordance with
the Office of Management and Budget prompt payment regulations at 5 CFR Part 1315.
(i) For the sole purpose of computing an interest penalty that might be due the Contractor,
Government acceptance is deemed to occur constructively on the 7 thday (unless otherwise specified in
this contract) after the Contractor delivers the supplies or performs the services in accordance with the
terms and conditions of the contract, unless there is a disagreement over quantity, quality, or Contractor
compliance with a contract provision. If actual acceptance occurs within the constructive acceptance
period, the Government will base the determination of an interest penalty on the actual date of
acceptance. The constructive acceptance requirement does not, however, compel Government officials to
accept supplies or services, perform contract administration functions, or make payment prior to
fulfilling their responsibilities.
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(ii) The prompt payment regulations at 5 CFR1315.10(c) do not require the Government to pay
interest penalties if payment delays are due to disagreement between the Government and the Contractor
over the payment amount or other issues involving contract compliance, or on amounts temporarily
withheld or retained in accordance with the terms of the contract. The Government and the Contractor
shall resolve claims involving disputes and any interest that may be payable in accordance with the
clause at FAR 52.233-1, Disputes.
(6) Discounts for prompt payment. The designated payment office will pay an interest penalty
automatically, without request from the Contractor, if the Government takes a discount for prompt
payment improperly. The Government will calculate the interest penalty in accordance with the prompt
payment regulations at 5 CFR Part 1315.
(7) Additional interest penalty.
(i) The designated payment office will pay a penalty amount, calculated in accordance with the
prompt payment regulations at 5 CFR Part 1315 in addition to the interest penalty amount only if-
(A) The Government owes an interest penalty of $1 or more;
(B) The designated payment office does not pay the interest penalty within 10 days after the date the
invoice amount is paid; and
(C) The Contractor makes a written demand to the designated payment office for additional penalty
payment, in accordance with paragraph (a)(7)(ii) of this clause, postmarked not later than 40 days after
the invoice amount is paid.
(ii)
(A) The Contractor shall support written demands for additional penalty payments with the following
data. The Government will not request any additional data. The Contractor shall-
(1) Specifically assert that late payment interest is due under a specific invoice, and request payment
of all overdue late payment interest penalty and such additional penalty as may be required;
(2) Attach a copy of the invoice on which the unpaid late payment interest is due; and
(3) State that payment of the principal has been received, including the date of receipt.
(B) If there is no postmark or the postmark is illegible-
(1) The designated payment office that receives the demand will annotate it with the date of receipt,
provided the demand is received on or before the 40th day after payment was made; or
(2) If the designated payment office fails to make the required annotation, the Government will
determine the demand's validity based on the date the Contractor has placed on the demand, provided
such date is no later than the 40th day after payment was made.
(iii) The additional penalty does not apply to payments regulated by other Government regulations (e.
g., payments under utility contracts subject to tariffs and regulation).
(b) Contract financing payment. If this contract provides for contract financing, the Government will
make contract financing payments in accordance with the applicable contract financing clause.
(c) Fast payment procedure due dates. If this contract contains the clause at 52.213-1, Fast Payment
Procedure, payments will be made within 15 days after the date of receipt of the invoice.
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(d) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice
payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the
Contractor shall-
(1) Remit the overpayment amount to the payment office cited in the contract along with a description
of the overpayment including the-
(i) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors,
date(s) of overpayment);
(ii) Affected contract number and delivery order number if applicable;
(iii) Affected line item or subline item, if applicable; and
(iv) Contractor point of contact.
(2) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(End of clause)
52.232-8 Discounts for Prompt Payment. 2002-02
As prescribed in 32.111(b)(1), insert the following clause:
Discounts for Prompt Payment (FEB 2002)
(a) Discounts for prompt payment will not be considered in the evaluation of offers. However, any
offered discount will form a part of the award, and will be taken if payment is made within the discount
period indicated in the offer by the offeror. As an alternative to offering a discount for prompt payment
in conjunction with the offer, offerors awarded contracts may include discounts for prompt payment on
individual invoices.
(b) In connection with any discount offered for prompt payment, time shall be computed from the
date of the invoice. If the Contractor has not placed a date on the invoice, the due date shall be calculated
from the date the designated billing office receives a proper invoice, provided the agency annotates such
invoice with the date of receipt at the time of receipt. For the purpose of computing the discount earned,
payment shall be considered to have been made on the date that appears on the payment check or, for an
electronic funds transfer, the specified payment date. When the discount date falls on a Saturday,
Sunday, or legal holiday when Federal Government offices are closed and Government business is not
expected to be conducted, payment may be made on the following business day.
(End of clause)
52.243-6 Change Order Accounting. 1984-04
As prescribed in 43.205(f), the contracting officer may insert a clause, substantially the same as
follows:
Change Order Accounting (APR 1984)
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The Contracting Officer may require change order accounting whenever the estimated cost of a
change or series of related changes exceeds $100,000. The Contractor, for each change or series of
related changes, shall maintain separate accounts, by job order or other suitable accounting procedure, of
all incurred segregable, direct costs (less allocable credits) of work, both changed and not changed,
allocable to the change. The Contractor shall maintain such accounts until the parties agree to an
equitable adjustment for the changes ordered by the Contracting Officer or the matter is conclusively
disposed of in accordance with the Disputes clause.
(End of clause)
Payments under Fixed-Price Research and Development
52.232-2 1984-04
Contracts.
As prescribed in 32.111(a)(2), insert the following clause, as appropriately modified with respect to
payment due dates in accordance with agency regulations, in solicitations and contracts when a fixed-
price research and development contract is contemplated:
Payments under Fixed-Price Research and Development Contracts (APR 1984)
The Government shall pay the Contractor, upon submission of proper invoices or vouchers, the prices
stipulated in this contract for work delivered or rendered and accepted, less any deductions provided in
this contract. Unless otherwise specified, payment shall be made upon acceptance of any portion of the
work delivered or rendered for which a price is separately stated in the contract.
(End of clause)
52.232-9 Limitation on Withholding of Payments. 1984-04
As prescribed in 32.111(b)(2), insert a clause substantially as follows, appropriately modified with
respect to payment due dates in accordance with agency regulations, in solicitations and contracts when a
supply contract, service contract, time-and-materials contract, labor-hour contract, or research and
development contract is contemplated that includes two or more terms authorizing the temporary
withholding of amounts otherwise payable to the contractor for supplies delivered or services performed:
Limitation on Withholding of Payments (APR 1984)
If more than one clause or Schedule term of this contract authorizes the temporary withholding of
amounts otherwise payable to the Contractor for supplies delivered or services performed, the total of the
amounts withheld at any one time shall not exceed the greatest amount that may be withheld under any
one clause or Schedule term at that time; provided, that this limitation shall not apply to-
(a) Withholdings pursuant to any clause relating to wages or hours of employees;
(b) Withholdings not specifically provided for by this contract;
(c) The recovery of overpayments; and
(d) Any other withholding for which the Contracting Officer determines that this limitation is
inappropriate.
(End of clause)
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252.204-7007 ALT A Alternate A, Annual Representations and Certifications. 2023-11
ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (NOV 2023)
Substitute the following paragraphs (b), (d), and (e) for paragraphs (b) and (d) of the provision at FAR
52.204-8:
(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation,
paragraph (e) of this provision applies.
(2) If the provision at 52.204-7, System for Award Management, is not included in this
solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the
Offeror may choose to use paragraph (e) of this provision instead of completing the corresponding
individual representations and certifications in the solicitation. The Offeror shall indicate which option
applies by checking one of the following boxes:
(i) Paragraph (e) applies.
(ii) Paragraph (e) does not apply and the Offeror has completed the individual
representations and certifications in the solicitation.
(d)(1) The following representations or certifications in the SAM database are applicable to this
solicitation as indicated:
(i) 252.204-7016, Covered Defense Telecommunications Equipment or Services-
Representation. Applies to all solicitations.
(ii) 252.216-7008, Economic Price Adjustment-Wage Rates or Material Prices Controlled
by a Foreign Government. Applies to solicitations for fixed-price supply and service contracts when the
contract is to be performed wholly or in part in a foreign country, and a foreign government controls
wage rates or material prices and may during contract performance impose a mandatory change in wages
or prices of materials.
(iii) 252.225-7042, Authorization to Perform. Applies to all solicitations when
performance will be wholly or in part in a foreign country.
(iv) 252.225-7049, Prohibition on Acquisition of Certain Foreign Commercial Satellite
Services-Representations. Applies to solicitations for the acquisition of commercial satellite services.
(v) 252.225-7050, Disclosure of Ownership or Control by the Government of a Country
that is a State Sponsor of Terrorism. Applies to all solicitations expected to result in contracts of
$150,000 or more.
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(vi) 252.229-7012, Tax Exemptions (Italy)-Representation. Applies to solicitations and
contracts when contract performance will be in Italy.
(vii) 252.229-7013, Tax Exemptions (Spain)-Representation. Applies to solicitations and
contracts when contract performance will be in Spain.
(viii) 252.247-7022, Representation of Extent of Transportation by Sea. Applies to all
solicitations except those for direct purchase of ocean transportation services or those with an anticipated
value at or below the simplified acquisition threshold.
(2) The following representations or certifications in SAM are applicable to this solicitation
as indicated by the Contracting Officer: [Contracting Officer check as appropriate.]
(i) 252.209-7002, Disclosure of Ownership or Control by a Foreign Government.
(ii) 252.225-7000, Buy American-Balance of Payments Program Certificate.
(iii) 252.225-7020, Trade Agreements Certificate.
Use with Alternate I.
(iv) 252.225-7031, Secondary Arab Boycott of Israel.
(v) 252.225-7035, Buy American-Free Trade Agreements-Balance of Payments
Program Certificate.
Use with Alternate I.
Use with Alternate II.
Use with Alternate III.
Use with Alternate IV.
Use with Alternate V.
(vi) 252.226-7002, Representation for Demonstration Project for Contractors
Employing Persons with Disabilities.
(vii) 252.232-7015, Performance-Based Payments-Representation.
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(e) The Offeror has completed the annual representations and certifications electronically via the
SAM website at https://www.sam.gov. After reviewing the SAM database information, the Offeror
verifies by submission of the offer that the representations and certifications currently posted
electronically that apply to this solicitation as indicated in FAR 52.204-8(c) and paragraph (d) of this
provision have been entered or updated within the last 12 months, are current, accurate, complete, and
applicable to this solicitation (including the business size standard applicable to the NAICS code
referenced for this solicitation), as of the date of this offer, and are incorporated in this offer by reference
(see FAR 4.1201); except for the changes identified below [Offeror to insert changes, identifying change
by provision number, title, date]. These amended representation(s) and/or certification(s) are also
incorporated in this offer and are current, accurate, and complete as of the date of this offer.
FAR/DFARS Provision # Title Date Change
Any changes provided by the Offeror are applicable to this solicitation only, and do not result in an
update to the representations and certifications located in the SAM database.
(End of provision)
252.211-7003 Item Unique Identification and Valuation. 2023-01
As prescribed in 211.274-5(a), use the following clause:
ITEM UNIQUE IDENTIFICATION AND VALUATION (JAN 2023)
(a) Definitions. As used in this clause-
"Automatic identification device" means a device, such as a reader or interrogator, used to
retrieve data encoded on machine-readable media.
"Concatenated unique item identifier" means-
(1) For items that are serialized within the enterprise identifier, the linking together of
the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique
serial number within the enterprise identifier; or
(2) For items that are serialized within the original part, lot, or batch number, the linking
together of the unique identifier data elements in order of the issuing agency code; enterprise identifier;
original part, lot, or batch number; and serial number within the original part, lot, or batch number.
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"Data matrix" means a two-dimensional matrix symbology, which is made up of square or, in
some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and
Correction 200 (ECC200) specification found within International Standards Organization (ISO)
/International Electrotechnical Commission (IEC) 16022.
"Data qualifier" means a specified character (or string of characters) that immediately
precedes a data field that defines the general category or intended use of the data that follows.
"DoD recognized unique identification equivalent" means a unique identification method that
is in commercial use and has been recognized by DoD. All DoD recognized unique identification
equivalents are listed at https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html.
"DoD item unique identification" means a system of marking items delivered to DoD with
unique item identifiers that have machine-readable data elements to distinguish an item from all other
like and unlike items. For items that are serialized within the enterprise identifier, the unique item
identifier shall include the data elements of the enterprise identifier and a unique serial number. For
items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique
item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch
number; and the serial number.
" Enterprise " means the entity (e.g., a manufacturer or vendor) responsible for assigning
unique item identifiers to items.
" Enterprise identifier" means a code that is uniquely assigned to an enterprise by an issuing
agency.
"Government's unit acquisition cost" means-
(1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the
contract at the time of delivery;
(2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor's
estimated fully burdened unit cost to the Government at the time of delivery; and
(3) For items produced under a time-and-materials contract, the Contractor's estimated
fully burdened unit cost to the Government at the time of delivery.
"Issuing agency" means an organization responsible for assigning a globally unique identifier
to an enterprise, as indicated in the Register of Issuing Agency Codes for ISO/IEC 15459, located at
http://www.aimglobal.org/?Reg_Authority15459.
"Issuing agency code" means a code that designates the registration (or controlling) authority
for the enterprise identifier.
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"Item" means a single hardware article or a single unit formed by a grouping of
subassemblies, components, or constituent parts.
" Lot or batch number" means an identifying number assigned by the enterprise to a
designated group of items, usually referred to as either a lot or a batch, all of which were manufactured
under identical conditions.
"Machine-readable" means an automatic identification technology media, such as bar codes,
contact memory buttons, radio frequency identification, or optical memory cards.
"Original part number" means a combination of numbers or letters assigned by the enterprise
at item creation to a class of items with the same form, fit, function, and interface.
"Parent item" means the item assembly, intermediate component, or subassembly that has an
embedded item with a unique item identifier or DoD recognized unique identification equivalent.
"Serial number within the enterprise identifier" means a combination of numbers, letters, or
symbols assigned by the enterprise to an item that provides for the differentiation of that item from any
other like and unlike item and is never used again within the enterprise.
"Serial number within the part, lot, or batch number" means a combination of numbers or
letters assigned by the enterprise to an item that provides for the differentiation of that item from any
other like item within a part, lot, or batch number assignment.
"Serialization within the enterprise identifier" means each item produced is assigned a serial
number that is unique among all the tangible items produced by the enterprise and is never used again.
The enterprise is responsible for ensuring unique serialization within the enterprise identifier.
"Serialization within the part, lot, or batch number" means each item of a particular part, lot,
or batch number is assigned a unique serial number within that part, lot, or batch number assignment.
The enterprise is responsible for ensuring unique serialization within the part, lot, or batch number within
the enterprise identifier.
"Type designation" means a combination of letters and numerals assigned by the Government
to a major end item, assembly or subassembly, as appropriate, to provide a convenient means of
differentiating between items having the same basic name and to indicate modifications and changes
thereto.
"Unique item identifier" means a set of data elements marked on items that is globally unique
and unambiguous. The term includes a concatenated unique item identifier or a DoD recognized unique
identification equivalent.
"Unique item identifier type" means a designator to indicate which method of uniquely
identifying a part has been used. The current list of accepted unique item identifier types is maintained
at https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html.
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(b) The Contractor shall deliver all items under a contract line, subline, or exhibit line item.
(c) Unique item identifier.
(1) The Contractor shall provide a unique item identifier for the following:
(i) Delivered items for which the Government's unit acquisition cost is $5,000 or more,
except for the following line items:
Contract Line, Subline, or
Exhibit Line Item Number Item Description
(ii) Items for which the Government's unit acquisition cost is less than $5,000 that are
identified in the Schedule or the following table:
Contract Line, Subline, or
Exhibit Line Item Number Item Description
(If items are identified in the Schedule, insert "See Schedule in this table.)
(iii) Subassemblies, components, and parts embedded within delivered items, items with
warranty requirements, DoD serially managed reparables and DoD serially managed nonreparables as
specified in Attachment Number .
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(iv) Any item of special tooling or special test equipment as defined in FAR 2.101 that
have been designated for preservation and storage for a Major Defense Acquisition Program as specified
in Attachment Number .
(v) Any item not included in (i), (ii), (iii), or (iv) for which the contractor creates and
marks a unique item identifier for traceability.
(2) The unique item identifier assignment and its component data element combination shall
not be duplicated on any other item marked or registered in the DoD Item Unique Identification Registry
by the contractor.
(3) The unique item identifier component data elements shall be marked on an item using
two dimensional data matrix symbology that complies with ISO/IEC International Standard 16022,
Information technology - International symbology specification - Data matrix; ECC200 data matrix
specification.
(4) Data syntax and semantics of unique item identifiers. The Contractor shall ensure that-
(i) The data elements (except issuing agency code) of the unique item identifier are
encoded within the data matrix symbol that is marked on the item using one of the following three types
of data qualifiers, as determined by the Contractor:
(A) Application Identifiers (AIs) (Format Indicator 05 of ISO/IEC International
Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology -
EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data
Identifier and Application Identifier Standard.
(B) Data Identifiers (DIs) (Format Indicator 06 of ISO/IEC International Standard
15434), in accordance with ISO/IEC International Standard 15418, Information Technology - EAN/UCC
Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier
and Application Identifier Standard.
(C) Text Element Identifiers (TEIs) (Format Indicator 12 of ISO/IEC International
Standard 15434), in accordance with the Air Transport Association Common Support Data Dictionary;
and
(ii) The encoded data elements of the unique item identifier conform to the transfer
structure, syntax, and coding of messages and data formats specified for Format Indicators 05, 06, and 12
in ISO/IEC International Standard 15434, Information Technology - Transfer Syntax for High Capacity
Automatic Data Capture Media.
(5) Unique item identifier.
(i) The Contractor shall-
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(A) Determine whether to-
(1) Serialize within the enterprise identifier;
(2) Serialize within the part, lot, or batch number; or
(3) Use a DoD recognized unique identification equivalent (e.g. Vehicle
Identification Number); and
(B) Place the data elements of the unique item identifier (enterprise identifier; serial
number; DoD recognized unique identification equivalent; and for serialization within the part, lot, or
batch number only: original part, lot, or batch number) on items requiring marking by paragraph (c)(1) of
this clause, based on the criteria provided in MIL-STD-130, Identification Marking of U.S. Military
Property, latest version;
(C) Label shipments, storage containers and packages that contain uniquely
identified items in accordance with the requirements of MIL-STD-129, Military Marking for Shipment
and Storage, latest version; and
(D) Verify that the marks on items and labels on shipments, storage containers, and
packages are machine readable and conform to the applicable standards. The contractor shall use an
automatic identification technology device for this verification that has been programmed to the
requirements of Appendix A, MIL-STD-130, latest version.
(ii) The issuing agency code-
(A) Shall not be placed on the item; and
(B) Shall be derived from the data qualifier for the enterprise identifier.
(d) For each item that requires item unique identification under paragraph (c)(1)(i), (ii), or (iv) of
this clause or when item unique identification is provided under paragraph (c)(1)(v), in addition to the
information provided as part of the Material Inspection and Receiving Report specified elsewhere in this
contract, the Contractor shall report at the time of delivery, as part of the Material Inspection and
Receiving Report, the following information:
(1) Unique item identifier.
(2) Unique item identifier type.
(3) Issuing agency code (if concatenated unique item identifier is used).
(4) Enterprise identifier (if concatenated unique item identifier is used).
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(5) Original part number (if there is serialization within the original part number).
(6) Lot or batch number (if there is serialization within the lot or batch number).
(7) Current part number (optional and only if not the same as the original part number).
(8) Current part number effective date (optional and only if current part number is used).
(9) Serial number (if concatenated unique item identifier is used).
(10) Government's unit acquisition cost.
(11) Unit of measure.
(12) Type designation of the item as specified in the contract schedule, if any.
(13) Whether the item is an item of Special Tooling or Special Test Equipment.
(14) Whether the item is covered by a warranty.
(e) For embedded subassemblies, components, and parts that require DoD item unique
identification under paragraph (c)(1)(iii) of this clause or when item unique identification is provided
under paragraph (c)(1)(v), the Contractor shall report as part of the Material Inspection and Receiving
Report specified elsewhere in this contract, the following information:
(1) Unique item identifier of the parent item under paragraph (c)(1) of this clause that
contains the embedded subassembly, component, or part.
(2) Unique item identifier of the embedded subassembly, component, or part.
(3) Unique item identifier type.**
(4) Issuing agency code (if concatenated unique item
identifier is used).**
(5) Enterprise identifier (if concatenated unique item identifier is used).**
(6) Original part number (if there is serialization within the original part number).**
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(7) Lot or batch number (if there is serialization within the lot or batch number).**
(8) Current part number (optional and only if not the same as the original part number).**
(9) Current part number effective date (optional and only if current part number is used).**
(10) Serial number (if concatenated unique item identifier is used).**
(11) Description.
** Once per item.
(f) The Contractor shall submit the information required by paragraphs (d) and (e) of this clause as
follows:
(1) End items shall be reported using the receiving report capability in Wide Area WorkFlow
(WAWF) in accordance with the clause at 252.232-7003. If WAWF is not required by this contract, and
the contractor is not using WAWF, follow the procedures at http://dodprocurementtoolbox.com/site
/uidregistry/.
(2) Embedded items shall be reported by one of the following methods-
(i) Use of the embedded items capability in WAWF;
(ii) Direct data submission to the IUID Registry following the procedures and formats at
http://dodprocurementtoolbox.com/site/uidregistry/; or
(iii) Via WAWF as a deliverable attachment for exhibit line item number (fill in) ,
Unique Item Identifier Report for Embedded Items, Contract Data Requirements List, DD Form 1423.
(g) Subcontracts. If the Contractor acquires by subcontract, any item(s) for which item unique
identification is required in accordance with paragraph (c)(1) of this clause, the Contractor shall include
this clause, including this paragraph (g), in the applicable subcontract(s), including subcontracts for
commercial products or commercial services.
(End of clause)
252.215-7008 Only One Offer. 2022-12
As prescribed at 215.408(3), use the following provision:
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ONLY ONE OFFER (DEC 2022)
(a) Cost or pricing data requirements. After initial submission of offers, if the Contracting
Officer notifies the Offeror that only one offer was received, the Offeror agrees to-
(1) Submit any additional cost or pricing data that is required in order to determine whether
the price is fair and reasonable (10 U.S.C. 3705) or to comply with the statutory requirement for certified
cost or pricing data (10 U.S.C. 3702 and FAR 15.403-3); and
(2) Except as provided in paragraph (b) of this provision, if the acquisition exceeds the
certified cost or pricing data threshold and an exception to the requirement for certified cost or pricing
data at FAR 15.403-1(b)(2) through (5) does not apply, certify all cost or pricing data in accordance with
paragraph (c) of DFARS provision 252.215-7010, Requirements for Certified Cost or Pricing Data and
Data Other Than Certified Cost or Pricing Data, of this solicitation.
(b) Canadian Commercial Corporation. If the Offeror is the Canadian Commercial Corporation,
certified cost or pricing data are not required. If the Contracting Officer notifies the Canadian
Commercial Corporation that additional data other than certified cost or pricing data are required in
accordance with DFARS 225.870-4(c), the Canadian Commercial Corporation shall obtain and provide
the following:
(1) Profit rate or fee (as applicable).
(2) Analysis provided by Public Works and Government Services Canada to the Canadian
Commercial Corporation to determine a fair and reasonable price (comparable to the analysis required at
FAR 15.404-1).
(3) Data other than certified cost or pricing data necessary to permit a determination by the U.
S. Contracting Officer that the proposed price is fair and reasonable [U.S. Contracting Officer to
provide description of the data required in accordance with FAR 15.403-3(a)(1) with the notification].
(4) As specified in FAR 15.403-3(a)(4), an offeror who does not comply with a requirement
to submit data that the U.S. Contracting Officer has deemed necessary to determine price reasonableness
or cost realism is ineligible for award unless the head of the contracting activity determines that it is in
the best interest of the Government to make the award to that offeror.
(c) Subcontracts. Unless the Offeror is the Canadian Commercial Corporation, the Offeror shall
insert the substance of this provision, including this paragraph (c), in all subcontracts exceeding the
simplified acquisition threshold defined in FAR part 2.
(End of provision)
252.217-7027 Contract Definitization. 2023-05
As prescribed in 217.7406(b), use the following clause:
CONTRACT DEFINITIZATION (MAY 2023)
(a) A [insert specific type of contract action] is contemplated. The Contractor agrees to
begin promptly negotiating with the Contracting Officer the terms of a definitive contract that will
include-
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(1) All clauses required by the Federal Acquisition Regulation (FAR) on the date of
execution of the undefinitized contract action;
(2) All clauses required by law on the date of execution of the definitive contract action; and
(3) Any other mutually agreeable clauses, terms, and conditions.
(b) The Contractor agrees to submit a [insert type of proposal; e.g., fixed-price or cost-and-
fee] proposal and certified cost or pricing data supporting its proposal. Notwithstanding FAR 52.216-26,
Payments of Allowable Costs Before Definitization, failure to meet the qualifying proposal date in the
contract definitization schedule could result in the Contracting Officer withholding an amount up to 5
percent of all subsequent requests for financing until the Contracting Officer determines that a proposal
is qualifying.
(c) The schedule for definitizing this contract action is as follows [insert target date for
definitization of the contract action and dates for submission of proposal, beginning of negotiations, and,
if appropriate, submission of the make-or-buy and subcontracting plans and certified cost or pricing
data]:
(d) If agreement on a definitive contract action to supersede this undefinitized contract action is
not reached by the target date in paragraph (c) of this clause, or within any extension of it granted by the
Contracting Officer, the Contracting Officer may, with the approval of the head of the contracting
activity, determine a reasonable price or fee in accordance with FAR subpart 15.4 and part 31, subject to
Contractor appeal as provided in the Disputes clause. In any event, the Contractor shall proceed with
completion of the contract, subject only to the Limitation of Government Liability clause.
(1) After the Contracting Officer's determination of price or fee, the contract shall be
governed by-
(i) All clauses required by the FAR on the date of execution of this undefinitized contract
action for either fixed-price or cost-reimbursement contracts, as determined by the Contracting Officer
under this paragraph (e);
(ii) All clauses required by law as of the date of the Contracting Officer's determination;
and
(iii) Any other clauses, terms, and conditions mutually agreed upon.
(2) To the extent consistent with paragraph (d)(1) of this clause, all clauses, terms, and
conditions included in this undefinitized contract action shall continue in effect, except those that by
their nature apply only to an undefinitized contract action.
(e) The definitive contract resulting from this undefinitized contract action will include a
negotiated [insert "cost/price ceiling" or "firm-fixed price"] in no event to exceed [insert the
not-to-exceed amount].
(End of clause)
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2007-12
Patent Rights-Ownership by the Contractor (Large Business)
252.227-7038 ALT I
(Alternate I)
ALTERNATE I (DEC 2007).
As prescribed in 227.303(2)(ii), add the following paragraph (b)(2)(v) to the basic clause:
(v) The license shall include the right of the Government to sublicense foreign governments, their
nationals, and international organizations pursuant to the following treaties or international agreements:
*.
[* Contracting Officer to complete with the names of applicable existing treaties or international
agreements. This paragraph is not intended to apply to treaties or agreements that are in effect on the
date of the award but are not listed.]
252.232-7006 Wide Area WorkFlow Payment Instructions. 2023-01
As prescribed in 232.7004(b), use the following clause:
WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)
(a) Definitions. As used in this clause-
"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely
identifies a unit, activity, or organization.
"Document type" means the type of payment request or receiving report available for creation in
Wide Area WorkFlow (WAWF).
"Local processing office (LPO)" is the office responsible for payment certification when payment
certification is done external to the entitlement system.
"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic
Submission of Payment Requests and Receiving Reports.
(b) Electronic invoicing. The WAWF system provides the method to electronically process
vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation
Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving
Reports.
(c) WAWF access. To access WAWF, the Contractor shall-
(1) Have a designated electronic business point of contact in the System for Award
Management at https://www.sam.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures
for self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-
Based Training Course and use the Practice Training Site before submitting payment requests through
WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at
https://wawf.eb.mil/
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(e) WAWF methods of document submission. Document submissions may be via web entry,
Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor shall use the following information when
submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:
(1) Document type. The Contractor shall submit payment requests using the following
document type(s):
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost
voucher.
(ii) For fixed price line items-
(A) That require shipment of a deliverable, submit the invoice and receiving report
specified by the Contracting Officer.
(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price
line items that require shipment of a deliverable.)
(B) For services that do not require shipment of a deliverable, submit either the
Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable
invoice and receiving report, as specified by the Contracting Officer.
(Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving
report document type(s) for fixed price line items for services.)
(iii) For customary progress payments based on costs incurred, submit a progress
payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial financing, submit a commercial financing request.
(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR)
52.213-1 is included in the contract.
[Note: The Contractor may use a WAWF "combo" document type to create some combinations of
invoice and receiving report in one step.]
(3) Document routing. The Contractor shall use the information in the Routing Data Table
below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in
the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC
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Issue By DoDAAC
Admin DoDAAC
Inspect By DoDAAC
Ship To Code
Ship From Code
Mark For Code
Service Approver (DoDAAC)
Service Acceptor (DoDAAC)
Accept at Other DoDAAC
LPO DoDAAC
DCAA Auditor DoDAAC
Other DoDAAC(s)
(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance
locations apply, insert "See Schedule" or "Not applicable.")
(**Contracting Officer: If the contract provides for progress payments or performance-based
payments, insert the DoDAAC for the contract administration office assigned the functions under FAR
42.302(a)(13).)
(4) Payment request. The Contractor shall ensure a payment request includes documentation
appropriate to the type of payment request in accordance with the payment clause, contract financing
clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements
of DFARS Appendix F.
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the
following contracting activity's WAWF point of contact.
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(Contracting Officer: Insert applicable information or "Not applicable.")
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
252.232-7007 Limitation of Government's Obligation. 2014-04
As prescribed in 232.706-70, use the following clause:
LIMITATION OF GOVERNMENT'S OBLIGATION (APR 2014)
(a) Contract line item(s) [Contracting Officer insert after negotiations] is/are incrementally
funded. For this/these item(s), the sum of $ [Contracting Officer insert after negotiations] of the total
price is presently available for payment and allotted to this contract. An allotment schedule is set forth in
paragraph (j) of this clause.
(b) For item(s) identified in paragraph (a) of this clause, the Contractor agrees to perform up to the
point at which the total amount payable by the Government, including reimbursement in the event of
termination of those item(s) for the Government's convenience, approximates the total amount currently
allotted to the contract. The Contractor is not authorized to continue work on those item(s) beyond that
point. The Government will not be obligated in any event to reimburse the Contractor in excess of the
amount allotted to the contract for those item(s) regardless of anything to the contrary in the clause
entitled "Termination for Convenience of the Government." As used in this clause, the total amount
payable by the Government in the event of termination of applicable contract line item(s) for
convenience includes costs, profit, and estimated termination settlement costs for those item(s).
(c) Notwithstanding the dates specified in the allotment schedule in paragraph (j) of this clause,
the Contractor will notify the Contracting Officer in writing at least ninety days prior to the date when, in
the Contractor's best judgment, the work will reach the point at which the total amount payable by the
Government, including any cost for termination for convenience, will approximate 85 percent of the total
amount then allotted to the contract for performance of the applicable item(s). The notification will state
(1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any,
needed to continue performance of applicable line items up to the next scheduled date for allotment of
funds identified in paragraph (j) of this clause, or to a mutually agreed upon substitute date. The
notification will also advise the Contracting Officer of the estimated amount of additional funds that will
be required for the timely performance of the item(s) funded pursuant to this clause, for a subsequent
period as may be specified in the allotment schedule in paragraph (j) of this clause or otherwise agreed to
by the parties. If after such notification additional funds are not allotted by the date identified in the
Contractor's notification, or by an agreed substitute date, the Contracting Officer will terminate any item
(s) for which additional funds have not been allotted, pursuant to the clause of this contract entitled
"Termination for Convenience of the Government."
(d) When additional funds are allotted for continued performance of the contract line item(s)
identified in paragraph (a) of this clause, the parties will agree as to the period of contract performance
which will be covered by the funds. The provisions of paragraphs (b) through (d) of this clause will
apply in like manner to the additional allotted funds and agreed substitute date, and the contract will be
modified accordingly.
(e) If, solely by reason of failure of the Government to allot additional funds, by the dates
indicated below, in amounts sufficient for timely performance of the contract line item(s) identified in
paragraph (a) of this clause, the Contractor incurs additional costs or is delayed in the performance of the
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work under this contract and if additional funds are allotted, an equitable adjustment will be made in the
price or prices (including appropriate target, billing, and ceiling prices where applicable) of the item(s),
or in the time of delivery, or both. Failure to agree to any such equitable adjustment hereunder will be a
dispute concerning a question of fact within the meaning of the clause entitled "Disputes."
(f) The Government may at any time prior to termination allot additional funds for the
performance of the contract line item(s) identified in paragraph (a) of this clause.
(g) The termination provisions of this clause do not limit the rights of the Government under the
clause entitled "Default." The provisions of this clause are limited to the work and allotment of funds for
the contract line item(s) set forth in paragraph (a) of this clause. This clause no longer applies once the
contract is fully funded except with regard to the rights or obligations of the parties concerning equitable
adjustments negotiated under paragraphs (d) and (e) of this clause.
(h) Nothing in this clause affects the right of the Government to terminate this contract pursuant to
the clause of this contract entitled "Termination for Convenience of the Government."
(i) Nothing in this clause shall be construed as authorization of voluntary services whose
acceptance is otherwise prohibited under 31 U.S.C. 1342.
(j) The parties contemplate that the Government will allot funds to this contract in accordance
with the following schedule:
On execution of contract $
(month) (day), (year) $
(month) (day), (year) $
(month) (day), (year) $
(End of clause)
252.247-7023 Transportation of Supplies by Sea. 2023-01
Basic. As prescribed in 247.574(b) and (b)(1), use the following clause:
TRANSPORTATION OF SUPPLIES BY SEA-BASIC (JAN 2023)
(a) Definitions. As used in this clause-
"Components" means articles, materials, and supplies incorporated directly into end products
at any level of manufacture, fabrication, or assembly by the Contractor or any subcontractor.
"Department of Defense" (DoD) means the Army, Navy, Air Force, Marine Corps, and
defense agencies.
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"Foreign-flag vessel" means any vessel that is not a U.S.-flag vessel.
"Ocean transportation" means any transportation aboard a ship, vessel, boat, barge, or ferry
through international waters.
"Subcontractor" means a supplier, materialman, distributor, or vendor at any level below the
prime contractor whose contractual obligation to perform results from, or is conditioned upon, award of
the prime contract and who is performing any part of the work or other requirement of the prime contract.
"Supplies" means all property, except land and interests in land, that is clearly identifiable for
eventual use by or owned by the DoD at the time of transportation by sea.
(i) An item is clearly identifiable for eventual use by the DoD if, for example, the
contract documentation contains a reference to a DoD contract number or a military destination.
(ii) "Supplies" includes (but is not limited to) public works; buildings and facilities;
ships; floating equipment and vessels of every character, type, and description, with parts,
subassemblies, accessories, and equipment; machine tools; material; equipment; stores of all kinds; end
items; construction materials; and components of the foregoing.
"U.S.-flag vessel" means a vessel of the United States or belonging to the United States,
including any vessel registered or having national status under the laws of the United States.
(b)(1) The Contractor shall use U.S.-flag vessels when transporting any supplies by sea under this
contract.
(2) A subcontractor transporting supplies by sea under this contract shall use U.S.-flag
vessels if-
(i) This contract is a construction contract; or
(ii) The supplies being transported are-
(A) Other than commercial products; or
(B) Commercial products that-
(1) The Contractor is reselling or distributing to the Government without
adding value (generally, the Contractor does not add value to items that it subcontracts for f.o.b.
destination shipment);
(2) Are shipped in direct support of U.S. military contingency operations,
exercises, or forces deployed in humanitarian or peacekeeping operations; or
(3) Are commissary or exchange cargoes transported outside of the Defense
Transportation System in accordance with 10 U.S.C. 2643.
(c) The Contractor and its subcontractors may request that the Contracting Officer authorize
shipment in foreign-flag vessels, or designate available U.S.-flag vessels, if the Contractor or a
subcontractor believes that-
(1) U.S.-flag vessels are not available for timely shipment;
(2) The freight charges are inordinately excessive or unreasonable; or
(3) Freight charges are higher than charges to private persons for transportation of like goods.
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(d) The Contractor must submit any request for use of foreign-flag vessels in writing to the
Contracting Officer at least 45 days prior to the sailing date necessary to meet its delivery schedules. The
Contracting Officer will process requests submitted after such date(s) as expeditiously as possible, but
the Contracting Officer's failure to grant approvals to meet the shipper's sailing date will not of itself
constitute a compensable delay under this or any other clause of this contract. Requests shall contain at a
minimum-
(1) Type, weight, and cube of cargo;
(2) Required shipping date;
(3) Special handling and discharge requirements;
(4) Loading and discharge points;
(5) Name of shipper and consignee;
(6) Prime contract number; and
(7) A documented description of efforts made to secure U.S.-flag vessels, including points of
contact (with names and telephone numbers) with at least two U.S.-flag carriers contacted. Copies of
telephone notes, telegraphic and facsimile message or letters will be sufficient for this purpose.
(e) The Contractor shall, within 30 days after each shipment covered by this clause, provide the
Contracting Officer and the Maritime Administration, Office of Cargo Preference, U.S. Department of
Transportation, 400 Seventh Street SW, Washington, DC 20590, one copy of the rated on board vessel
operating carrier's ocean bill of lading, which shall contain the following information:
(1) Prime contract number;
(2) Name of vessel;
(3) Vessel flag of registry;
(4) Date of loading;
(5) Port of loading;
(6) Port of final discharge;
(7) Description of commodity;
(8) Gross weight in pounds and cubic feet if available;
(9) Total ocean freight in U.S. dollars; and
(10) Name of steamship company.
(f) If this contract exceeds the simplified acquisition threshold, the Contractor shall provide with
its final invoice under this contract a representation that to the best of its knowledge and belief-
(1) No ocean transportation was used in the performance of this contract;
(2) Ocean transportation was used and only U.S.-flag vessels were used for all ocean
shipments under the contract;
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(3) Ocean transportation was used, and the Contractor had the written consent of the
Contracting Officer for all foreign-flag ocean transportation; or
(4) Ocean transportation was used and some or all of the shipments were made on foreign-
flag vessels without the written consent of the Contracting Officer. The Contractor shall describe these
shipments in the following format:
ITEM DESCRIPTION CONTRACT LINE ITEMS
QUANTITY
TOTAL
(g) If this contract exceeds the simplified acquisition threshold and the final invoice does not
include the required representation, the Government will reject and return it to the Contractor as an
improper invoice for the purposes of the Prompt Payment clause of this contract. In the event there has
been unauthorized use of foreign-flag vessels in the performance of this contract, the Contracting Officer
is entitled to equitably adjust the contract, based on the unauthorized use.
(h) If the Contractor indicated in response to the solicitation provision, Representation of Extent
of Transportation by Sea, that it did not anticipate transporting by sea any supplies; however, after the
award of this contract, the Contractor learns that supplies will be transported by sea, the Contractor shall-
(1) Notify the Contracting Officer of that fact; and
(2) Comply with all the terms and conditions of this clause.
(i) Subcontracts. In the award of subcontracts, for the types of supplies described in paragraph (b)
(2) of this clause, including subcontracts for commercial products, the Contractor shall flow down the
requirements of this clause as follows:
(1) The Contractor shall insert the substance of this clause, including this paragraph (i), in
subcontracts that exceed the simplified acquisition threshold in part 2 of the Federal Acquisition
Regulation.
(2) The Contractor shall insert the substance of paragraphs (a) through (e) of this clause, and
this paragraph (i), in subcontracts that are at or below the simplified acquisition threshold in part 2 of the
Federal Acquisition Regulation.
(End of clause)
52.204-8 Annual Representations and Certifications. 2025-01
(DEVIATION 2005-O0003)
As prescribed in 4.1202(a), insert the following provision:
Annual Representations and Certifications (Jan 2025)
(a)
(1) The North American Industry Classification System (NAICS) code for
this acquisition is__________________ [insert NAICS code].
(2) The small business size standard is _____________ [insert size standard].
(3) The small business size standard for a concern that submits an offer, other than on a construction or
service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce
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is 500 employees, or 150 employees for information technology value-added resellers under NAICS code
541519 if the acquisition—
(i) Is set aside for small business and has a value above the simplified acquisition threshold;
(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the
price evaluation preference; or
(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or
women-owned small business set-aside or sole-source award regardless of dollar value.
(b)
(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph
(d) of this provision applies.
(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and
the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose
to use paragraph (d) of this provision instead of completing the corresponding individual representations and
certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the
following boxes:
(i) □ Paragraph (d) applies.
(ii) □ Paragraph (d) does not apply and the offeror has completed the individual representations and
certifications in the solicitation.
(c)
(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a
firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless–
(A) The acquisition is to be made under the simplified acquisition procedures in part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions.
This provision applies to solicitations expected to exceed $150,000.
(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality
Agreements or Statements-Representation. This provision applies to all solicitations.
(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the
provision at 52.204-7, System for Award Management.
(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies
to solicitations that-
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(vi) 52.204-26, Covered Telecommunications Equipment or Services-Representation. This provision applies
to all solicitations.
(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation.
(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where
the contract value is expected to exceed the simplified acquisition threshold.
(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a
Felony Conviction under any Federal Law. This provision applies to all solicitations.
(x) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except
those in which the place of performance is specified by the Government.
(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance
is specified by the Government.
(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies
to solicitations when the contract is for supplies to be delivered or services to be performed in the United
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States or its outlying areas, or when the contracting officer has applied part 19 in accordance
with 19.000(b)(1)(ii).
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast
Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award
contract with more than one NAICS code assigned.
(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding
and the contract is for supplies to be delivered or services to be performed in the United States or its outlying
areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).
(xiv) [Reserved]
(xv) [Reserved]
(xvi) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies
to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and
the contract is not for acquisition of commercial products or commercial services.
(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the
delivery or specify the use of biobased products in USDA-designated product categories; or include the
clause at 52.223-2, Reporting of Biobased Products Under Service and Construction Contracts.
(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or
specify the use of, EPA–designated items.
(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation. This
provision applies to solicitations that include the provision at 52.204-7.
(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause
at 52.225-1.
(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates II
and III.) This provision applies to solicitations containing the clause at 52.225-3.
(A) If the acquisition value is less than $50,000, the basic provision applies.
(B) If the acquisition value is $50,000 or more but is less than $100,000, the provision with its Alternate II
applies.
(C) If the acquisition value is $100,000 or more but is less than $102,280, the provision with its Alternate III
applies.
(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause
at 52.225-5.
(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-Certification. This
provision applies to all solicitations.
(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions
Relating to Iran-Representation and Certifications. This provision applies to all solicitations.
(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This
provision applies to solicitations for research, studies, supplies, or services of the type normally acquired
from higher educational institutions.
(2) The following representations or certifications are applicable as indicated by the Contracting Officer:
[Contracting Officer check as appropriate.]
__ (i) 52.204-17, Ownership or Control of Offeror.
__ (ii) 52.204-20, Predecessor of Offeror.
__ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
__ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for
Maintenance, Calibration, or Repair of Certain Equipment- Certification.
__ (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for
Certain Services-Certification.
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__ (vi) 52.227-6, Royalty Information.
__ (A) Basic.
__ (B) Alternate I.
__ (vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The offeror has completed the annual representations and certifications electronically in SAM website
accessed through https://www.sam.gov. After reviewing the SAM information, the offeror verifies by
submission of the offer that the representations and certifications currently posted electronically that apply to
this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12
months, are current, accurate, complete, and applicable to this solicitation (including the business size
standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are
incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to
insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or
certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of
this offer.
FAR Clause # Title Date Change
_____________________________
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to
the representations and certifications posted on SAM.
(End of provision)
52.204-8 ALT I Annual Representations and Certifications. (Alternate I) 2023-03
Alternate I (MAR 2023). As prescribed in 4.1202(a) , substitute the following paragraph (a) for
paragraph (a) of the basic provision:
(a)(1) The North American Industry Classification System (NAICS) codes and corresponding size
standards for this acquisition are as follows; the categories or portions these NAICS codes are assigned
to are specified elsewhere in the solicitation:
NAICS Code Size standard
[Contracting Officer to insert NAICS codes and size standards].
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(2) The small business size standard for a concern that submits an offer, other than on a
construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture,
process, or produce, (i.e., nonmanufacturer), is 500 employees, or 150 employees for information
technology value-added resellers under NAICS code 541519, if the acquisition-
(i) Is set aside for small business and has a value above the simplified acquisition threshold;
(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the
offeror waives the price evaluation preference; or
(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged
women-owned, or women-owned small business set-aside or sole-source award regardless of dollar
value.
Liquidated Damages-Supplies, Services, or Research and
52.211-11 2000-09
Development.
As prescribed in 11.503(a), insert the following clause in solicitations and contracts:
Liquidated Damages-Supplies, Services, or Research and Development (Sept 2000)
(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in
this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages
of $ per calendar day of delay [Contracting Officer insert amount].
(b) If the Government terminates this contract in whole or in part under the Default-Fixed-Price
Supply and Service clause, the Contractor is liable for liquidated damages accruing until the Government
reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are
in addition to excess costs of repurchase under the Termination clause.
(c) The Contractor will not be charged with liquidated damages when the delay in delivery or
performance is beyond the control and without the fault or negligence of the Contractor as defined in the
Default-Fixed-Price Supply and Service clause in this contract.
(End of clause)
Requirements for Certified Cost or Pricing Data and Data Other
52.215-20 ALT III 1997-10
Than Certified Cost or Pricing Data. (Alternate III)
Alternate III (OCT 1997). As prescribed in 15.408 (l), add the following paragraph (c) to the basic
provision (if Alternate II is also used, redesignate the following paragraph as paragraph (d)).
(c) Submit the cost portion of the proposal via the following electronic media: [Insert media
format, e.g.,electronic spreadsheet format, electronic mail, etc.]
III)
Requirements for Certified Cost or Pricing Data and Data Other
52.215-21 ALT III Than Certified Cost or Pricing Data-Modifications. (Alternate
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1997-10
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Alternate III (OCT 1997). As prescribed in 15.408 (m), add the following paragraph (c) to the basic
clause (if Alternate II is also used, redesignate the following paragraph as paragraph (d)):
(c) Submit the cost portion of the proposal via the following electronic media: [Insert media
format]
52.216-1 Type of Contract. 1984-04
As prescribed in 16.105 , complete and insert the following provision:
Type of Contract (APR 1984)
The Government contemplates award of a [Contracting Officer insert specific type of contract]
contract resulting from this solicitation.
(End of provision)
52.216-7 Allowable Cost and Payment. 2018-08
As prescribed in 16.307(a), insert the following clause:
Allowable Cost and Payment (AUG 2018)
(a) Invoicing.
(1) The Government will make payments to the Contractor when requested as work progresses, but
(except for small business concerns) not more often than once every 2 weeks, in amounts determined to
be allowable by the Contracting Officer in accordance with Federal Acquisition Regulation (FAR)
subpart 31.2 in effect on the date of this contract and the terms of this contract. The Contractor may
submit to an authorized representative of the Contracting Officer, in such form and reasonable detail as
the representative may require, an invoice or voucher supported by a statement of the claimed allowable
cost for performing this contract.
(2) Contract financing payments are not subject to the interest penalty provisions of the Prompt
Payment Act. Interim payments made prior to the final payment under the contract are contract financing
payments, except interim payments if this contract contains Alternate I to the clause at 52.232-25.
(3) The designated payment office will make interim payments for contract financing on the
[Contracting Officer insert day as prescribed by agency head; if not prescribed, insert "30th"] day after
the designated billing office receives a proper payment request. In the event that the Government
requires an audit or other review of a specific payment request to ensure compliance with the terms and
conditions of the contract, the designated payment office is not compelled to make payment by the
specified due date.
(b) Reimbursing costs.
(1) For the purpose of reimbursing allowable costs (except as provided in paragraph (b)(2) of this
clause, with respect to pension, deferred profit sharing, and employee stock ownership plan
contributions), the term "costs" includes only-
(i) Those recorded costs that, at the time of the request for reimbursement, the Contractor has paid by
cash, check, or other form of actual payment for items or services purchased directly for the contract;
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(ii) When the Contractor is not delinquent in paying costs of contract performance in the ordinary
course of business, costs incurred, but not necessarily paid, for-
(A) Supplies and services purchased directly for the contract and associated financing payments to
subcontractors, provided payments determined due will be made-
(1) In accordance with the terms and conditions of a subcontract or invoice; and
(2) Ordinarily within 30 days of the submission of the Contractor##s payment request to the
Government;
(B) Materials issued from the Contractor's inventory and placed in the production process for use on
the contract;
(C) Direct labor;
(D) Direct travel;
(E) Other direct in-house costs; and
(F) Properly allocable and allowable indirect costs, as shown in the records maintained by the
Contractor for purposes of obtaining reimbursement under Government contracts; and
(iii) The amount of financing payments that have been paid by cash, check, or other forms of payment
to subcontractors.
(2) Accrued costs of Contractor contributions under employee pension plans shall be excluded until
actually paid unless-
(i) The Contractor's practice is to make contributions to the retirement fund quarterly or more
frequently; and
(ii) The contribution does not remain unpaid 30 days after the end of the applicable quarter or shorter
payment period (any contribution remaining unpaid shall be excluded from the Contractor's indirect costs
for payment purposes).
(3) Notwithstanding the audit and adjustment of invoices or vouchers under paragraph (g) of this
clause, allowable indirect costs under this contract shall be obtained by applying indirect cost rates
established in accordance with paragraph (d) of this clause.
(4) Any statements in specifications or other documents incorporated in this contract by reference
designating performance of services or furnishing of materials at the Contractor's expense or at no cost to
the Government shall be disregarded for purposes of cost-reimbursement under this clause.
(c) Small business concerns. A small business concern may receive more frequent payments than
every 2 weeks.
(d) Final indirect cost rates.
(1) Final annual indirect cost rates and the appropriate bases shall be established in accordance with
subpart 42.7 of the Federal Acquisition Regulation (FAR) in effect for the period covered by the indirect
cost rate proposal.
(2)
(i) The Contractor shall submit an adequate final indirect cost rate proposal to the Contracting Officer
(or cognizant Federal agency official) and auditor within the 6-month period following the expiration of
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each of its fiscal years. Reasonable extensions, for exceptional circumstances only, may be requested in
writing by the Contractor and granted in writing by the Contracting Officer. The Contractor shall support
its proposal with adequate supporting data.
(ii) The proposed rates shall be based on the Contractor's actual cost experience for that period. The
appropriate Government representative and the Contractor shall establish the final indirect cost rates as
promptly as practical after receipt of the Contractor's proposal.
(iii) An adequate indirect cost rate proposal shall include the following data unless otherwise
specified by the cognizant Federal agency official:
(A) Summary of all claimed indirect expense rates, including pool, base, and calculated indirect rate.
(B) General and Administrative expenses (final indirect cost pool). Schedule of claimed expenses by
element of cost as identified in accounting records (Chart of Accounts).
(C) Overhead expenses (final indirect cost pool). Schedule of claimed expenses by element of cost as
identified in accounting records (Chart of Accounts) for each final indirect cost pool.
(D) Occupancy expenses (intermediate indirect cost pool). Schedule of claimed expenses by element
of cost as identified in accounting records (Chart of Accounts) and expense reallocation to final indirect
cost pools.
(E) Claimed allocation bases, by element of cost, used to distribute indirect costs.
(F) Facilities capital cost of money factors computation.
(G) Reconciliation of books of account (i.e., General Ledger) and claimed direct costs by major cost
element.
(H) Schedule of direct costs by contract and subcontract and indirect expense applied at claimed rates,
as well as a subsidiary schedule of Government participation percentages in each of the allocation base
amounts.
(I) Schedule of cumulative direct and indirect costs claimed and billed by contract and subcontract.
(J) Subcontract information. Listing of subcontracts awarded to companies for which the contractor is
the prime or upper-tier contractor (include prime and subcontract numbers; subcontract value and award
type; amount claimed during the fiscal year; and the subcontractor name, address, and point of contact
information).
(K) Summary of each time-and-materials and labor-hour contract information, including labor
categories, labor rates, hours, and amounts; direct materials; other direct costs; and, indirect expense
applied at claimed rates.
(L) Reconciliation of total payroll per IRS form 941 to total labor costs distribution.
(M) Listing of decisions/agreements/approvals and description of accounting/organizational changes.
(N) Certificate of final indirect costs (see 52.242-4, Certification of Final Indirect Costs).
(O) Contract closing information for contracts physically completed in this fiscal year (include
contract number, period of performance, contract ceiling amounts, contract fee computations, level of
effort, and indicate if the contract is ready to close).
(iv) The following supplemental information is not required to determine if a proposal is adequate,
but may be required during the audit process:
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(A) Comparative analysis of indirect expense pools detailed by account to prior fiscal year and
budgetary data.
(B) General organizational information and limitation on allowability of compensation for certain
contractor personnel. See 31.205-6(p). Additional salary reference information is available at
https://www.whitehouse.gov/wp-content/uploads/2017/11
/ContractorCompensationCapContractsAwardedBeforeJune24.pdf and https://www.whitehouse.gov/wp-
content/uploads/2017/11/ContractorCompensationCapContractsAwardedafterJune24.pdf.
(C) Identification of prime contracts under which the contractor performs as a subcontractor.
(D) Description of accounting system (excludes contractors required to submit a CAS Disclosure
Statement or contractors where the description of the accounting system has not changed from the
previous year's submission).
(E) Procedures for identifying and excluding unallowable costs from the costs claimed and billed
(excludes contractors where the procedures have not changed from the previous year's submission).
(F) Certified financial statements and other financial data (e.g., trial balance, compilation, review, etc.
).
(G) Management letter from outside CPAs concerning any internal control weaknesses.
(H) Actions that have been and/or will be implemented to correct the weaknesses described in the
management letter from subparagraph (G) of this section.
(I) List of all internal audit reports issued since the last disclosure of internal audit reports to the
Government.
(J) Annual internal audit plan of scheduled audits to be performed in the fiscal year when the final
indirect cost rate submission is made.
(K) Federal and State income tax returns.
(L) Securities and Exchange Commission 10-K annual report.
(M) Minutes from board of directors meetings.
(N) Listing of delay claims and termination claims submitted which contain costs relating to the
subject fiscal year.
(O) Contract briefings, which generally include a synopsis of all pertinent contract provisions, such
as: contract type, contract amount, product or service(s) to be provided, contract performance period, rate
ceilings, advance approval requirements, pre-contract cost allowability limitations, and billing limitations.
(v) The Contractor shall update the billings on all contracts to reflect the final settled rates and update
the schedule of cumulative direct and indirect costs claimed and billed, as required in paragraph (d)(2)(iii)
(I) of this section, within 60 days after settlement of final indirect cost rates.
(3) The Contractor and the appropriate Government representative shall execute a written
understanding setting forth the final indirect cost rates. The understanding shall specify (i) the agreed-
upon final annual indirect cost rates, (ii) the bases to which the rates apply, (iii) the periods for which the
rates apply, (iv) any specific indirect cost items treated as direct costs in the settlement, and (v) the
affected contract and/or subcontract, identifying any with advance agreements or special terms and the
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applicable rates. The understanding shall not change any monetary ceiling, contract obligation, or
specific cost allowance or disallowance provided for in this contract. The understanding is incorporated
into this contract upon execution.
(4) Failure by the parties to agree on a final annual indirect cost rate shall be a dispute within the
meaning of the Disputes clause.
(5) Within 120 days (or longer period if approved in writing by the Contracting Officer) after
settlement of the final annual indirect cost rates for all years of a physically complete contract, the
Contractor shall submit a completion invoice or voucher to reflect the settled amounts and rates. The
completion invoice or voucher shall include settled subcontract amounts and rates. The prime contractor
is responsible for settling subcontractor amounts and rates included in the completion invoice or voucher
and providing status of subcontractor audits to the contracting officer upon request.
(6)
(i) If the Contractor fails to submit a completion invoice or voucher within the time specified in
paragraph (d)(5) of this clause, the Contracting Officer may-
(A) Determine the amounts due to the Contractor under the contract; and
(B) Record this determination in a unilateral modification to the contract.
(ii) This determination constitutes the final decision of the Contracting Officer in accordance with the
Disputes clause.
(e) Billing rates. Until final annual indirect cost rates are established for any period, the Government
shall reimburse the Contractor at billing rates established by the Contracting Officer or by an authorized
representative (the cognizant auditor), subject to adjustment when the final rates are established. These
billing rates-
(1) Shall be the anticipated final rates; and
(2) May be prospectively or retroactively revised by mutual agreement, at either party's request, to
prevent substantial overpayment or underpayment.
(f) Quick-closeout procedures. Quick-closeout procedures are applicable when the conditions in FAR
42.708(a) are satisfied.
(g) Audit. At any time or times before final payment, the Contracting Officer may have the
Contractor's invoices or vouchers and statements of cost audited. Any payment may be-
(1) Reduced by amounts found by the Contracting Officer not to constitute allowable costs; or
(2) Adjusted for prior overpayments or underpayments.
(h) Final payment.
(1) Upon approval of a completion invoice or voucher submitted by the Contractor in accordance with
paragraph (d)(5) of this clause, and upon the Contractor's compliance with all terms of this contract, the
Government shall promptly pay any balance of allowable costs and that part of the fee (if any) not
previously paid.
(2) The Contractor shall pay to the Government any refunds, rebates, credits, or other amounts
(including interest, if any) accruing to or received by the Contractor or any assignee under this contract,
to the extent that those amounts are properly allocable to costs for which the Contractor has been
reimbursed by the Government. Reasonable expenses incurred by the Contractor for securing refunds,
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rebates, credits, or other amounts shall be allowable costs if approved by the Contracting Officer. Before
final payment under this contract, the Contractor and each assignee whose assignment is in effect at the
time of final payment shall execute and deliver-
(i) An assignment to the Government, in form and substance satisfactory to the Contracting Officer,
of refunds, rebates, credits, or other amounts (including interest, if any) properly allocable to costs for
which the Contractor has been reimbursed by the Government under this contract; and
(ii) A release discharging the Government, its officers, agents, and employees from all liabilities,
obligations, and claims arising out of or under this contract, except-
(A) Specified claims stated in exact amounts, or in estimated amounts when the exact amounts are not
known;
(B) Claims (including reasonable incidental expenses) based upon liabilities of the Contractor to third
parties arising out of the performance of this contract; provided, that the claims are not known to the
Contractor on the date of the execution of the release, and that the Contractor gives notice of the claims
in writing to the Contracting Officer within 6 years following the release date or notice of final payment
date, whichever is earlier; and
(C) Claims for reimbursement of costs, including reasonable incidental expenses, incurred by the
Contractor under the patent clauses of this contract, excluding, however, any expenses arising from the
Contractor's indemnification of the Government against patent liability.
(End of clause)
Notice of Price Evaluation Preference for HUBZone Small
52.219-4 2022-10
Business Concerns.
As prescribed in 19.1309(b), insert the following clause:
Notice of Price Evaluation preference for HUBZone Small Business Concerns (Oct 2022)
(a) Evaluation preference.
(1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except-
(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and
(ii) Otherwise successful offers from small business concerns.
(2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which
award may be made. Other evaluation factors described in the solicitation shall be applied before
application of the factor.
(3) When the two highest rated offerors are a HUBZone small business concern and a large business,
and the evaluated offer of the HUBZone small business concern is equal to the evaluated offer of the
large business after considering the price evaluation preference, award will be made to the HUBZone
small business concern.
(b) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the
evaluation preference, in which case the factor will be added to its offer for evaluation purposes.
Offeror elects to waive the evaluation preference.
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(c) Joint venture. A HUBZone joint venture agrees that, in the performance of the contract, at least 40
percent of the aggregate work performed by the joint venture shall be completed by the HUBZone small
business parties to the joint venture. Work performed by the HUBZone small business parties to the joint
venture must be more than administrative functions.
(End of clause)
52.222-2 Payment for Overtime Premiums. 1990-07
As prescribed in 22.103-5(b), insert the following clause:
Payment for Overtime Premiums (July 1990)
(a) The use of overtime is authorized under this contract if the overtime premium does not exceed *
or the overtime premium is paid for work-
(1) Necessary to cope with emergencies such as those resulting from accidents, natural disasters,
breakdowns of production equipment, or occasional production bottlenecks of a sporadic nature;
(2) By indirect-labor employees such as those performing duties in connection with administration,
protection, transportation, maintenance, standby plant protection, operation of utilities, or accounting;
(3) To perform tests, industrial processes, laboratory procedures, loading or unloading of
transportation conveyances, and operations in flight or afloat that are continuous in nature and cannot
reasonably be interrupted or completed otherwise; or
(4) That will result in lower overall costs to the Government.
(b) Any request for estimated overtime premiums that exceeds the amount specified above shall
include all estimated overtime for contract completion and shall-
(1) Identify the work unit; e.g., department or section in which the requested overtime will be used,
together with present workload, staffing, and other data of the affected unit sufficient to permit the
Contracting Officer to evaluate the necessity for the overtime;
(2) Demonstrate the effect that denial of the request will have on the contract delivery or performance
schedule;
(3) Identify the extent to which approval of overtime would affect the performance or payments in
connection with other Government contracts, together with identification of each affected contract; and
(4) Provide reasons why the required work cannot be performed by using multishift operations or by
employing additional personnel.
* Insert either "zero" or the dollar amount agreed to during negotiations. The inserted figure does not
apply to the exceptions in paragraph (a)(1) through (a)(4) of the clause.
(End of clause)
52.233-2 Service of Protest. 2006-09
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As prescribed in 33.106 , insert the following provision:
Service of Protest (Sept 2006)
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly
with an agency, and copies of any protests that are filed with the Government Accountability Office
(GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated
acknowledgment of receipt from . [Contracting Officer designate the official or location
where a protest may be served on the Contracting Officer.]
(b) The copy of any protest shall be received in the office designated above within oneday of filing a
protest with the GAO.
(End of provision)
52.242-4 Certification of Final Indirect Costs. 1997-01
As prescribed in 42.703-2(f), insert the following clause:
Certification of Final Indirect Costs (JAN 1997)
(a) The Contractor shall-
(1) Certify any proposal to establish or modify final indirect cost rates;
(2) Use the format in paragraph (c) of this clause to certify; and
(3) Have the certificate signed by an individual of the Contractor's organization at a level no lower
than a vice president or chief financial officer of the business segment of the Contractor that submits the
proposal.
(b) Failure by the Contractor to submit a signed certificate, as described in this clause, may result in
final indirect costs at rates unilaterally established by the Contracting Officer.
(c) The certificate of final indirect costs shall read as follows:
Certificate of Final Indirect Costs
This is to certify that I have reviewed this proposal to establish final indirect cost rates and to the best
of my knowledge and belief:
1. All costs included in this proposal (identify proposal and date) to establish final indirect cost rates
for (identify period covered by rate) are allowable in accordance with the cost principles of the Federal
Acquisition Regulation (FAR) and its supplements applicable to the contracts to which the final indirect
cost rates will apply; and
2. This proposal does not include any costs which are expressly unallowable under applicable cost
principles of the FAR or its supplements.
Firm:
Signature:
Name of Certifying Official:
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Title:
Date of Execution:
(End of clause)
52.244-2 Subcontracts. 2020-06
As prescribed in 44.204(a)(1), insert the following clause:
Subcontracts (Jun 2020)
(a) Definitions. As used in this clause-
"Approved purchasing system" means a Contractor's purchasing system that has been reviewed and
approved in accordance with part 44 of the Federal Acquisition Regulation (FAR).
"Consent to subcontract" means the Contracting Officer's written consent for the Contractor to enter
into a particular subcontract.
Subcontract means any contract, as defined in FAR subpart 2.1, entered into by a subcontractor to
furnish supplies or services for performance of the prime contract or a subcontract. It includes, but is not
limited to, purchase orders, and changes and modifications to purchase orders.
(b) When this clause is included in a fixed-price type contract, consent to subcontract is required only
on unpriced contract actions (including unpriced modifications or unpriced delivery orders), and only if
required in accordance with paragraph (c) or (d) of this clause.
(c) If the Contractor does not have an approved purchasing system, consent to subcontract is required
for any subcontract that-
(1) Is of the cost-reimbursement, time-and-materials, or labor-hour type; or
(2) Is fixed-price and exceeds-
(i) For a contract awarded by the Department of Defense, the Coast Guard, or the National
Aeronautics and Space Administration, the greater of the simplified acquisition threshold, as defined in
FAR 2.101 on the date of subcontract award, or 5 percent of the total estimated cost of the contract; or
(ii) For a contract awarded by a civilian agency other than the Coast Guard and the National
Aeronautics and Space Administration, either the simplified acquisition threshold, as defined in FAR
2.101 on the date of subcontract award, or 5 percent of the total estimated cost of the contract.
(d) If the Contractor has an approved purchasing system, the Contractor nevertheless shall obtain the
Contracting Officer's written consent before placing the following subcontracts:
(e)
(1) The Contractor shall notify the Contracting Officer reasonably in advance of placing any
subcontract or modification thereof for which consent is required under paragraph (b), (c), or (d) of this
clause, including the following information:
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(i) A description of the supplies or services to be subcontracted.
(ii) Identification of the type of subcontract to be used.
(iii) Identification of the proposed subcontractor.
(iv) The proposed subcontract price.
(v) The subcontractor's current, complete, and accurate certified cost or pricing data and Certificate of
Current Cost or Pricing Data, if required by other contract provisions.
(vi) The subcontractor's Disclosure Statement or Certificate relating to Cost Accounting Standards
when such data are required by other provisions of this contract.
(vii) A negotiation memorandum reflecting-
(A) The principal elements of the subcontract price negotiations;
(B) The most significant considerations controlling establishment of initial or revised prices;
(C) The reason certified cost or pricing data were or were not required;
(D) The extent, if any, to which the Contractor did not rely on the subcontractor's certified cost or
pricing data in determining the price objective and in negotiating the final price;
(E) The extent to which it was recognized in the negotiation that the subcontractor's certified cost or
pricing data were not accurate, complete, or current; the action taken by the Contractor and the
subcontractor; and the effect of any such defective data on the total price negotiated;
(F) The reasons for any significant difference between the Contractor's price objective and the price
negotiated; and
(G) A complete explanation of the incentive fee or profit plan when incentives are used. The
explanation shall identify each critical performance element, management decisions used to quantify
each incentive element, reasons for the incentives, and a summary of all trade-off possibilities considered.
(2) The Contractor is not required to notify the Contracting Officer in advance of entering into any
subcontract for which consent is not required under paragraph (b), (c), or (d) of this clause.
(f) Unless the consent or approval specifically provides otherwise, neither consent by the Contracting
Officer to any subcontract nor approval of the Contractor's purchasing system shall constitute a
determination-
(1) Of the acceptability of any subcontract terms or conditions;
(2) Of the allowability of any cost under this contract; or
(3) To relieve the Contractor of any responsibility for performing this contract.
(g) No subcontract or modification thereof placed under this contract shall provide for payment on a
cost-plus-a-percentage-of-cost basis, and any fee payable under cost-reimbursement type subcontracts
shall not exceed the fee limitations in FAR 15.404-4(c)(4)(i).
(h) The Contractor shall give the Contracting Officer immediate written notice of any action or suit
filed and prompt notice of any claim made against the Contractor by any subcontractor or vendor that, in
the opinion of the Contractor, may result in litigation related in any way to this contract, with respect to
which the Contractor may be entitled to reimbursement from the Government.
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[Document continues — 10 more pages]

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Solicitation

Continuing Human Enabling, Enhancing, Restoring and
Sustaining (CHEERS)
Open Period Solicitation 2 – All Technical Areas
FA2384-24-S-2335
Contents
1.0 Overview Information ....................................................................... 3
2.0 Full Text Announcement ................................................................... 5
2.1 Program Description ......................................................................... 5
2.2 Statement of Objective/Description of Technical Areas .......................... 5
2.3 Deliverable Items ............................................................................. 5
2.4 Schedule ........................................................................................ 5
2.5 Other Requirements ......................................................................... 5
2.6 Science and Technology (S&T) Protection ............................................ 5
2.7 Other Information ........................................................................... 5
2.7.1 Government Furnished Property (GFP) Availability ............................. 6
2.7.2 Base Support/ Network Access ..................................................... 6
2.7.3 Multiple awards subject to Fair Opportunity .................................... 6
2.7.4 Data Rights Desired .................................................................... 6
2.7.5 Human or Animal Subject use ...................................................... 6
2.7.6 Military Equipment Valuation........................................................ 6
2.7.7 Hazardous or Radioactive Materials ............................................... 6
2.7.8 Ozone Depleting Substances ........................................................ 6
2.7.9 Ground or Flight Testing .............................................................. 6
3.0 Award Information ........................................................................... 6
4.0 Cost Sharing or Matching .................................................................. 6
4.1 Other ............................................................................................. 6
4.1.1 Foreign Participation ................................................................... 6
4.1.2 White Paper Limits ...................................................................... 6
5.0 White Paper / Proposal and Submission Information ............................. 6
5.1 Overview ........................................................................................ 6
5.2 First Step (White Paper) Instructions .................................................. 7
5.3 Second Step (Proposal) Instructions.................................................. 7
Page 1 of 8
As of 20 Nov 2025

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6.0 White Paper / Proposal Review Information ........................................ 7
7.0 Award Administration Information .................................................... 7
7.1 Award Notices ................................................................................. 7
8.0 Other Information ........................................................................... 7
8.1 Acquisition of Commercial Items: ....................................................... 7
8.2 Representative List of Clauses ........................................................... 7
List of Attachments ............................................................................... 8
Page 2 of 8
As of 20 Nov 2025

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Continuing Human Enabling, Enhancing, Restoring, and Sustaining (CHEERS)
Multiple Authority Announcement (MAA)
Open Period 2 - 2 – Step
To access hyperlinks from this electronic solicitation – Hit CTRL and click on the
link.
1.0 Overview Information
Air Force Research Laboratory, Human Effectiveness Directorate
Federal Agency Name & the United States Air Force School of Medicine (AFRL/RH &
USAFSAM)
MAA Number and FA2384-24-S-2233, Continuing Human Enabling, Enhancing,
Title Restoring, and Sustaining (CHEERS)
Applicable MAA All Technical Areas listed under Attachment 2 and Attachment 3
Technical Area(s) of CHEERS MAA.
Solicitation Authority 10 U.S.C. 4023 – Procurement for Experimental Purposes
Solicitation
FA2384-24-S-2335
Number and
Title Open Period 2 – All Technical Areas
Solicitation Type Initial Solicitation
Solicitation Format Open Period 2-Step
WHITE PAPER DUE DATE AND TIME: White papers will be
Step 1 White Paper
accepted through 30 September 2027. Only white papers are
Submission Due Date
due at this time.
Submit white papers to AFRL.711HPW.MAA@us.af.mil
PROPOSAL DUE DATE AND TIME: To be provided in the
Step 2 Proposal Due Requests for Proposals sent to offerors that submit White Papers
Date considered to meet the needs of the Air Force.
TBD - Dependent upon the approach proposed. Note: Total value
Estimated Program
of all awards issued under this Open Period Solicitation will not
Cost
exceed $499.87M.
TBD – The Air Force anticipates multiple awards for this
solicitation. However, the Air Force reserves the right to award
Anticipated Number
zero, one, or more contracts for all, some or none of the solicited
of Awards
effort based on the offeror’s ability to perform desired work and
funding fluctuations.
Contract/Instrument TBD, but types available are Contracts, IDIQs, 10 U.S.C 4021,
Types 10 U.S.C 4022, and 10 U.S.C. 4023.
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Program Manager(s):
Kelly Kaleda, AFRL/RHW, kelly.kaleda.4@us.af.mil
Stacey Martens, AFRL/RHD, stacey.martens@us.af.mil
Dr. Lindy Lutz, AFRL/RHB, lindy.lutz.2@us.af.mil
Agency Contacts Linda Armstrong, AFRL/USAFSAM, linda.armstrong.7@us.af.mil
Contracting Officer:
Amber Taylor, AFRL/RAKH, amber.taylor.9@us.af.mil Ashlee
Green AFRL/RAKH, ashlee.green.1@us.af.mil
Address general MAA questions as stated in paragraph 2.2
below to:
AFRL.711HPW.MAA@us.af.mil
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Notice:
All terms of MAA and Industry Guide apply unless specifically addressed in Call.
2.0 Full Text Announcement
2.1 Program Description:
The Air Force Research Laboratory, Human Effectiveness Directorate (RH) and the United
States Air Force School of Aerospace Medicine (USAFSAM), is soliciting white papers (and
potentially later technical and cost proposals) on the research located in the attached
Statements of Objectives to the MAA.
This Solicitation is limited to those efforts that meet the requirements of 10 USC 4023,
which includes the Secretary of Defense and the Secretaries of the military departments
may each buy ordnance, signal, chemical activity, transportation, energy, medical, space-
flight, telecommunications, and aeronautical supplies, including parts and accessories, and
designs thereof, that the Secretary of Defense or the Secretary concerned considers
necessary for experimental or test purposes in the development of the best supplies that
are needed for the national defense.
2.2 Statement of Objective/Description of Technical Areas:
Please see all Technical Areas listed in the Statements of Objectives attached to the CHEERS
MAA.
Address technical questions to the org box listed below:
AFRL.711HPW.MAA@us.af.mil
Address contracting questions to the org box listed below:
AFRL.711HPW.MAA@us.af.mil
2.3 Deliverable Items:
a. Data Items: TBD
b. Software: TBD
c. Hardware: TBD
d. Other: TBD
2.4 Schedule:
a. Overall Period of Performance: TBD
b. Data Item Delivery: TBD
c. Software Delivery: TBD
d. Hardware Delivery: TBD
2.5 Other Requirements:
a. Program Security Classification: TBD – See CHEERS MAA, Section 2.7 (a)
Program Security Classification for further information.
b. Export Control: TBD – See CHEERS MAA, Section 2.7 (d) Export Control for
further information.
c. Contractor Performance Assessment Reporting System (CPARS): May
apply to FAR-based awards resulting from this Solicitation. See CHEERS MAA
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Industry Guide, Chapter 6 for additional details.
2.6 Science and Technology (S&T) Protection:
See MAA paragraph 2.8 Science and Technology (S&T) Protection and CHEERS MAA Industry
Guide, Chapter 3 for further information.
2.7 Other Information:
2.7.1 Government Furnished Property (GFP) Availability:
See CHEERS MAA, Section 2.9.1 Government Furnished Property (GFP Availability) for
further information.
2.7.2 Base Support/ Network Access:
See CHEERS MAA, Section 2.9.2 Base Support/Network Access for further information.
2.7.3 Multiple awards subject to Fair Opportunity:
Not applicable.
2.7.4 Data Rights Desired:
See CHEERS MAA Industry Guide, Chapter 3 for additional details.
2.7.5 Military Equipment Valuation:
TBD - Dependent upon the approach proposed.
2.7.6 Human or Animal Subject Use:
TBD - Dependent upon the approach proposed.
2.7.7 Hazardous or Radioactive Materials:
TBD - Dependent upon the approach proposed.
2.7.8 Ozone Depleting Substances:
TBD - Dependent upon the approach proposed.
2.7.9 Ground or Flight Testing:
TBD - Dependent upon the approach proposed.
3.0 Award Information:
Anticipated funding: TBD - No award will be made under this solicitation until funds are
available.
4.0 Cost Sharing or Matching:
Cost Sharing is not required.
4.1 Other:
4.1.1 Foreign Participation:
See CHEERS MAA, Section 4.4.1 Foreign Participation for additional details.
4.1.2 White Paper Limits:
There are no limits on the number of white papers an offeror may submit. If an offeror
submits multiple white papers, each white paper must provide unique approaches.
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5.0 White Paper / Proposal and Submission Information:
5.1 Overview:
This Solicitation consists of a Two-Step Process described in detail below. White
Papers/Proposals submitted shall be in accordance with the CHEERS MAA, the CHEERS MAA
Industry Guide, and this Solicitation. The Government intends to review white
papers/proposals and award some, all, or none of the proposals received without
negotiation/discussion; however, the Government reserves the right to negotiate with those
offeror(s) whose proposal is selected for funding.
ONLY WHITE PAPERS ARE BEING SOLICITED AT THIS TIME.
5.2 First Step (White Paper) Instructions:
See CHEERS MAA, Industry Guide Chapter 4.
5.3 Second Step (Proposal) Instructions:
See CHEERS MAA, Industry Guide Chapter 4. Any deviations from the CHEERS MAA Industry
Guide will be identified in the Request for Proposal (RFP) issued to those offerors who have
submitted White Papers identified as further interest to AFRL.
6.0 White Paper / Proposal Review Information:
See CHEERS MAA, Industry Guide Chapter 5.
7.0 Award Administration Information:
7.1 Award Notices:
An email response will be sent notifying offerors that their white paper has been received.
Offerors will be notified of the disposition of their white paper.
Please note: 180 days is a notional timeframe for a white paper to be reviewed and could be
longer based on the government white paper review cycle. Those offerors submitting white
papers assessed as meeting Air Force needs will be asked to submit a technical and cost
proposal. An offeror submitting a proposal without first submitting a white paper will not be
eligible for an award. The cost of preparing white papers in response to this Solicitation is
not considered an allowable direct charge to any resulting or any other contract; however, it
may be an allowable expense to the normal bid and proposal indirect cost as specified in
FAR 31.205-18.
8.0 Other Information:
8.1 Acquisition of Commercial Items:
Based upon market research, the Government is not using the policies contained in FAR Part
12, Acquisition of Commercial Items, in this solicitation.
8.2 Representative List of Clauses
Attachment 1, Representative List of Provisions and Clauses is provided for informational
purposes. Individual Representations and Certifications may be requested as part of an RFP
issued to those offerors who submitted White Papers determined to be of further interest to
AFRL. The FAR(S) clauses referenced in the attachment may not apply to awards made
pursuant to Non-FAR authorities, however those efforts may utilize the attachment as a
starting point for negotiation of articles.
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ATTACHMENTS
1. Representative List of Provisions and Clauses
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