252.204-7000 Disclosure of Information.
252.204-7001 Commercial and Government Entity (CAGE) Code
Reporting.
252.204-7002 Payment for Subline Items Not Separately Priced.
252.204-7003 Control of Government Personnel Work Product.
252.204-7004 Alternate A,
Central Contractor Registration.
252.204-7005 Oral Attestation of
Security Responsibilities.
252.204-7006 Billing Instructions.
252.204-7007
252.204-7008 Requirements for Contracts Involving
Export-Controlled Items.
252.204-7009 Requirements Regarding Potential Access to
Export-Controlled Items.
252.204-7000 Disclosure of Information.
As prescribed in 204.404-70(a), use the following clause:
DISCLOSURE OF INFORMATION
(DEC 1991)
(a) The Contractor shall not release to anyone
outside the Contractor's organization any unclassified information, regardless
of medium (e.g., film, tape, document), pertaining to any part of this contract
or any program related to this contract, unless—
(1) The Contracting Officer has given prior
written approval; or
(2) The information is otherwise in the public
domain before the date of release.
(b) Requests for approval shall identify the
specific information to be released, the medium to be used, and the purpose for
the release. The Contractor shall submit
its request to the Contracting Officer at least 45 days before the proposed
date for release.
(c) The Contractor agrees to include a similar
requirement in each subcontract under this contract. Subcontractors shall submit requests for
authorization to release through the prime contractor to the Contracting
Officer.
(End of clause)
252.204-7001 Commercial and Government Entity (CAGE) Code
Reporting.
As prescribed in 204.7207, use the following provision:
Commercial
and Government Entity (CAGE) Code Reporting
(AUG
1999)
(a) The offeror is requested to enter its CAGE
code on its offer in the block with its name and address. The CAGE code entered must be for that name
and address. Enter “CAGE” before the
number.
(b) If the offeror does not have a CAGE code, it
may ask the Contracting Officer to request one from the Defense Logistics
Information Service (DLIS). The
Contracting Officer will—
(1) Ask the Contractor to complete section B of a
DD Form 2051, Request for Assignment of a Commercial and Government Entity (CAGE)
Code;
(2) Complete section A and forward the form to
DLIS; and
(3) Notify the Contractor of its assigned CAGE
code.
(c) Do not delay submission of the offer pending
receipt of a CAGE code.
(End of provision)
252.204-7002
Payment for Subline Items Not Separately Priced.
As prescribed in 204.7104-1(b)(3)(iv), use the following clause:
Payment for Subline
Items Not Separately Priced (DEC 1991)
(a) If the schedule in this contract contains any
contract subline items or exhibit subline items identified as not separately
priced (NSP), it means that the unit price for that subline item is included in
the unit price of another, related line or subline item.
(b) The Contractor shall not invoice the
Government for any portion of a contract line item or exhibit line item which
contains an NSP until—
(1) The Contractor has delivered the total
quantity of all related contract subline items or exhibit subline items; and
(2) The Government has accepted them.
(c) This clause does not apply to technical data.
(End of clause)
252.204-7003
Control of Government Personnel Work Product.
As prescribed in 204.404-70(b), use the following clause:
CONTROL OF GOVERNMENT
PERSONNEL WORK PRODUCT (APR 1992)
The Contractor’s procedures for protecting against unauthorized
disclosure of information shall not require Department of Defense employees or
members of the Armed Forces to relinquish control of their work products,
whether classified or not, to the Contractor.
(End of clause)
252.204-7004 Alternate A,
Central Contractor Registration.
ALTERNATE A, CENTRAL CONTRACTOR REGISTRATION (SEP 2007)
As prescribed in
204.1104, substitute the following paragraph (a) for paragraph (a) of the
clause at FAR 52.204-7:
(a) Definitions. As used in this
clause--
“Central Contractor
Registration (CCR) database” means the primary Government repository for
contractor information required for the conduct of business with the
Government.
“Commercial and
Government Entity (CAGE) code” means—
(1) A code assigned
by the Defense Logistics Information Service (DLIS) to identify a commercial or
Government entity; or
(2) A code
assigned by a member of the North Atlantic Treaty Organization that DLIS
records and maintains in the CAGE master file.
This type of code is known as an “NCAGE code.”
“Data Universal
Numbering System (DUNS) number” means the 9-digit number assigned by Dun and
Bradstreet, Inc. (D&B) to identify unique business entities.
“Data Universal
Numbering System +4 (DUNS+4) number” means the DUNS number assigned by D&B
plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this
4-character suffix.) This 4-character suffix
may be assigned at the discretion of the business concern to establish additional
CCR records for identifying alternative Electronic Funds Transfer (EFT)
accounts (see Subpart 32.11 of the Federal Acquisition Regulation) for the same
parent concern.
“Registered in the CCR
database” means that—
(1) The Contractor has
entered all mandatory information, including the DUNS number or the DUNS+4
number, into the CCR database;
(2) The Contractor’s
CAGE code is in the CCR database; and
(3) The Government has validated all mandatory
data fields, to include validation of the Taxpayer Identification Number (TIN)
with the Internal Revenue Service, and has marked the records “Active.” The Contractor will be required to provide
consent for TIN validation to the Government as part of the CCR registration
process.
252.204-7005 Oral Attestation of
Security Responsibilities.
As prescribed in
204.404-70(c), use the following clause:
ORAL ATTESTATION OF SECURITY RESPONSIBILITIES (NOV 2001)
(a) Contractor employees
cleared for access to Top Secret (TS), Special Access Program (SAP), or Sensitive
Compartmented Information (SCI) shall attest orally that they will conform to
the conditions and responsibilities imposed by law or regulation on those
granted access. Reading aloud the first
paragraph of Standard Form 312, Classified Information Nondisclosure Agreement,
in the presence of a person designated by the Contractor for this purpose, and
a witness, will satisfy this requirement.
Contractor employees currently cleared for access to TS, SAP, or SCI may
attest orally to their security responsibilities when being briefed into a new
program or during their annual refresher briefing. There is no requirement to retain a separate
record of the oral attestation.
(b) If an employee
refuses to attest orally to security responsibilities, the Contractor shall
deny the employee access to classified information and shall submit a report to
the Contractor’s security activity.
(End of clause)
252.204-7006 Billing Instructions.
As prescribed in 204.7109, use the
following clause:
BILLING
INSTRUCTIONS (OCT 2005)
When
submitting a request for payment, the Contractor shall—
(a) Identify the contract line item(s) on the
payment request that reasonably reflect contract work performance; and
(b) Separately identify a payment amount for each
contract line item included in the payment request.
(End of
clause)
252.204-7007 Alternate A, Annual Representations and
Certifications.
ALTERNATE
A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS
(JAN
2008)
As prescribed in 204.1202, substitute the
following paragraph (c) for paragraph (c) of the provision at FAR 52.204-8:
(c) The offeror has completed the annual
representations and certifications electronically via the Online
Representations and Certifications Application (ORCA) website at https://orca.bpn.gov/. After reviewing the ORCA database
information, the offeror verifies by submission of the offer that the
representations and certifications currently posted electronically 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/DFARS
Clause # |
Title |
Date |
Change |
|
|
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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 ORCA.
252.204-7008 Requirements for Contracts Involving
Export-Controlled Items.
As prescribed in 204.7305(a), use the following clause:
REQUIREMENTS FOR CONTRACTS INVOLVING
EXPORT-CONTROLLED ITEMS (JUL 2008)
(a) Definition.
“Export-controlled items,” as used in this clause, means items
subject to the Export Administration Regulations (EAR) (15 CFR Parts 730-774)
or the International Traffic in Arms Regulations (22 CFR Parts 120-130). The term includes:
(2) “Items,” defined in the EAR as “commodities,
software, and technology,” terms that are also defined in the EAR, 15 CFR
772.1. Regarding the release of items
subject to the EAR to foreign nationals within the
(b)
The parties anticipate that, in the performance of this contract, the
Contractor will generate or need access to export-controlled items.
(c) The Contractor shall comply with all
applicable laws and regulations regarding export-controlled items, including the requirement for contractors to register with
the Department of State in accordance with the ITAR. The Contractor shall consult with the
Department of State regarding any questions relating to the ITAR and with the
Department of Commerce regarding any questions relating to the EAR.
(d)
The Contractor's responsibility to comply with all applicable laws and
regulations regarding export-controlled items exists independent of, and is not
established or limited by, the information provided by this clause.
(e)
Nothing in the terms of this contract is intended to change, supersede,
or waive any of the requirements of applicable Federal laws, Executive orders,
and regulations, including but not limited to—
(1) The Export Administration Act
of 1979, as amended (50 U.S.C. App. 2401-2420);
(2) The Arms Export Control Act of
1976 (22 U.S.C. 2751 et seq.);
(3) The International Emergency
Economic Powers Act (50 U.S.C. 1701-1707);
(4) The Export Administration
Regulations (15 CFR Parts 730-774);
(5) The International Traffic in
Arms Regulations (22 CFR Parts 120-130);
(6) Executive Order 13222, as
extended;
(7) DoD Directive 2040.2,
International Transfers of Technology, Goods, Services, and Munitions; and
(8) DoD Industrial Security
Regulation (DoD 5220.22-R).
(f)
The Contractor shall include the substance of this clause, including
this paragraph (f), in all subcontracts that are expected to involve access to
or generation of export-controlled items.
(End of clause)
252.204-7009 Requirements Regarding Potential Access to
Export-Controlled Items.
As
prescribed in 204.7305(b), use the following clause:
REQUIREMENTS REGARDING POTENTIAL ACCESS TO EXPORT-CONTROLLED ITEMS (JUL
2008)
(a) Definition.
“Export-controlled items,” as used in this clause, means items
subject to the Export Administration Regulations (EAR) (15 CFR Parts 730-774)
or the International Traffic in Arms Regulations (22 CFR Parts 120-130). The term includes:
(2) “Items,” defined in the EAR as “commodities,
software, and technology,” terms that are also defined in the EAR, 15 CFR
772.1. Regarding the release of items
subject to the EAR to foreign nationals within the
(b)
The parties do not anticipate that, in the performance of this contract,
the Contractor will generate or need access to export-controlled items.
(c)
If, during the performance of this contract, the Contractor becomes
aware that the Contractor will generate or need access to export-controlled
items—
(1) The Contractor shall notify
the Contracting Officer in writing; and
(2) The Contracting Officer will
expeditiously—
(i) Modify the contract to include the Defense
Federal Acquisition Regulation Supplement clause 252.204-7008, Requirements for
Contracts Involving Export-Controlled Items;
(ii) Negotiate a contract modification that
eliminates the requirement for performance of work that would involve
export-controlled items; or
(iii) Terminate the contract, in whole or in part,
as may be appropriate, for the convenience of the Government, in accordance
with the Termination clause of the contract.
(End of clause)