Part 252—Solicitation Provisions and Contract Clauses
TABLE OF CONTENTS
(Revised August 2, 2016)
SUBPART 252.1--INSTRUCTIONS FOR USING PROVISIONS AND CLAUSES
252.101 Using Part 252.
SUBPART 252.2--TEXT OF PROVISIONS AND CLAUSES
252.201-7000 Contracting Officer's Representative.
252.203-7000 Requirements Relating to Compensation of Former DoD Officials.
252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies.
252.203-7002 Requirement to Inform Employees of Whistleblower Rights.
252.203-7003 Agency Office of the Inspector General.
252.203-7004 Display of Hotline Posters.
252.203-7005 Representation Relating to Compensation of Former DoD Officials.
252.204-7000 Disclosure of Information.
252.204-7001 Reserved.
252.204-7002 Payment for Subline Items Not Separately Priced.
252.204-7003 Control of Government Personnel Work Product.
252.204-7004 Alternate A, System for Award Management.
252.204-7005 Oral Attestation of Security Responsibilities.
252.204-7006 Billing Instructions.
252.204-7007 Alternate A, Annual Representations and Certifications.
252.204-7008 Compliance with Safeguarding Covered Defense Information Controls.
252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information.
252.204-7010 Requirement for Contractor to Notify DoD if the Contractor’s Activities
are Subject to Reporting Under the U.S.-International Atomic Energy
Agency Additional Protocol.
252.204.7011 Alternative Line Item Structure.
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident
Reporting.
252.204-7013 Limitations on the Use or Disclosure of Information by Litigation
Support Offerors.
252.204-7014 Limitations on the Use or Disclosure of Information by Litigation Support Contractors.
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support.
252.205-7000 Provision of Information to Cooperative Agreement Holders.
252.206-7000 Domestic Source Restriction.
252.208-7000 Intent to Furnish Precious Metals as Government-Furnished
Material.
252.209-7000 Reserved.
252.209-7001 Reserved.
252.209-7002 Disclosure of Ownership or Control by a Foreign Government.
252.209-7003 Reserve Officer Training Corps and Military Recruiting on Campus— Representation.
252.209-7004 Subcontracting with Firms that are Owned or Controlled by the
Government of a Country that is a State Sponsor of Terrorism.
252.209-7005 Reserve Officer Training Corps and Military Recruiting on Campus.
252.209-7006 Limitations on Contractors Acting as Lead System Integrators.
252.209-7007 Prohibited Financial Interests for Lead System Integrators.
252.209-7008 Notice of Prohibition Relating to Organizational Conflict of Interest—
Major Defense Acquisition Program.
252.209-7009 Organizational Conflict of Interest—Major Defense Acquisition
Program.
252.209-7010 Critical Safety Items.
252.211-7000 Acquisition Streamlining.
252.211-7001 Availability of Specifications, Standards, and Data Item Descriptions
Not Listed in the Acquisition Streamlining and Standardization
Information System (ASSIST), and Plans, Drawings, and Other
Pertinent Documents.
252.211-7002 Availability for Examination of Specifications, Standards, Plans,
Drawings, Data Item Descriptions, and Other Pertinent Documents.
252.211-7003 Item Unique Identification and Valuation.
252.211-7004 Alternate Preservation, Packaging, and Packing.
252.211-7005 Substitutions for Military or Federal Specifications and Standards.
252.211-7006 Passive Radio Frequency Identification.
252.211-7007 Reporting of Government-Furnished Property.
252.211-7008 Use of Government-Assigned Serial Numbers.
252.212-7000 Reserved.
252.212-7001 Reserved.
252.212-7002 Pilot Program for Acquisition of Military-Purpose Nondevelopmental Items.
252.213-7000 Notice to Prospective Suppliers on Use of Past Performance Information Retrieval System—Statistical Reporting in Past Performance Evaluations.
252.215-7000 Pricing Adjustments.
252.215-7001 Reserved.
252.215-7002 Cost Estimating System Requirements.
252.215-7003 Requirement for Submission of Data Other Than Certified Cost or Pricing Data—Canadian Commercial Corporation.
252.215-7004 Requirement for Submission of Data Other Than Certified Cost or Pricing Data—Modifications—Canadian Commercial Corporation.
252.215-7005 Evaluation Factor for Employing or Subcontracting with Members of
the Selected Reserve.
252.215-7006 Use of Employees or Individual Subcontractors Who are Members of the
Selected Reserve.
252.215-7007 Notice of Intent to Resolicit.
252.215-7008 Only One Offer.
252.215-7009 Proposal Adequacy Checklist
252.216-7000 Economic Price Adjustment--Basic Steel, Aluminum, Brass, Bronze,
or Copper Mill Products.
252.216-7001 Economic Price Adjustment–Nonstandard Steel Items.
252.216-7002 Alternate A, Time-and-Materials/Labor-Hour Proposal Requirements –
Non-Commercial Item Acquisition with Adequate Price Competition.
252.216-7003 Economic Price Adjustment–Wage Rates or Material Prices
Controlled by a Foreign Government.
252.216.7004 Award Fee Reduction or Denial for Jeopardizing the Health or Safety of
Government Personnel.
252.216-7005 Award-Fee Contracts.
252.216-7006 Ordering
252.216-7007 Economic Price Adjustment—Basic Steel, Aluminum, Brass, Bronze, or Copper Mill Products—Representation.
252.216-7008 Economic Price Adjustment—Wage Rates or Material Prices Controlled by a Foreign Government—Representation.
252.216-7009 Allowability of Legal Costs Incurred in Connection With a Whistleblower Proceeding.
252.216-7010 Requirements.
252.217-7000 Exercise of Option to Fulfill Foreign Military Sales Commitments.
252.217-7001 Surge Option.
252.217-7002 Offering Property for Exchange.
252.217-7003 Changes.
252.217-7004 Job Orders and Compensation.
252.217-7005 Inspection and Manner of Doing Work.
252.217-7006 Title.
252.217-7007 Payments.
252.217-7008 Bonds.
252.217-7009 Default.
252.217-7010 Performance.
252.217-7011 Access to Vessel.
252.217-7012 Liability and Insurance.
252.217-7013 Guarantees.
252.217-7014 Discharge of Liens.
252.217-7015 Safety and Health.
252.217-7016 Plant Protection.
252.217-7017 Reserved.
252.217-7018 Reserved.
252.217-7019 Reserved.
252.217-7020 Reserved.
252.217-7021 Reserved.
252.217-7022 Reserved.
252.217-7023 Reserved.
252.217-7024 Reserved.
252.217-7025 Reserved.
252.217-7026 Identification of Sources of Supply.
252.217-7027 Contract Definitization.
252.217-7028 Over and Above Work.
252.219-7000 Advancing Small Business Growth.
252.219-7001 Reserved.
252.219-7002 Reserved.
252.219-7003 Small Business Subcontracting Plan (DoD Contracts).
252.219-7004 Small Business Subcontracting Plan (Test Program).
252.219-7005 Reserved.
252.219-7006 Reserved.
252.219-7007 Reserved.
252.219-7008 Reserved.
252.219-7009 Section 8(a) Direct Award.
252.219-7010 Notification of Competition Limited to Eligible 8(a) Concerns— Partnership Agreement.
252.219-7011 Notification to Delay Performance.
252.222-7000 Restrictions on Employment of Personnel.
252.222-7001 Right of First Refusal of Employment–Closure of Military
Installations.
252.222-7002 Compliance with Local Labor Laws (Overseas).
252.222-7003 Permit from Italian Inspectorate of Labor.
252.222-7004 Compliance with Spanish Social Security Laws and Regulations.
252.222-7005 Prohibition on Use of Nonimmigrant Aliens–Guam.
252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements
252.222-7007 Representation Regarding Combating Trafficking in Persons.
252.223-7000 Reserved.
252.223-7001 Hazard Warning Labels.
252.223-7002 Safety Precautions for Ammunition and Explosives.
252.223-7003 Change in Place of Performance–Ammunition and Explosives.
252.223-7004 Drug-Free Work Force.
252.223-7005 Reserved.
252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous
Materials.
252.223-7007 Safeguarding Sensitive Conventional Arms, Ammunition, and
Explosives.
252.223-7008 Prohibition of Hexavalent Chromium.
252.225-7000 Buy American–Balance of Payments Program Certificate.
252.225-7001 Buy American and Balance of Payments Program.
252.225-7002 Qualifying Country Sources as Subcontractors.
252.225-7003 Report of Intended Performance Outside the United States and
Canada–Submission with Offer.
252.225-7004 Report of Intended Performance Outside the United States and
Canada–Submission after Award.
252.225-7005 Identification of Expenditures in the United States.
252.225-7006 Acquisition of the American Flag.
252.225-7007 Prohibition on Acquisition of United States Munitions List Items from
Communist Chinese Military Companies.
252.225-7008 Restriction on Acquisition of Specialty Metals.
252.225-7009 Restriction on Acquisition of Certain Articles Containing Specialty
Metals.
252.225-7010 Commercial Derivative Military Article–Specialty Metals Compliance
Certificate.
252.225-7011 Restriction on Acquisition of Supercomputers.
252.225-7012 Preference for Certain Domestic Commodities.
252.225-7013 Duty-Free Entry.
252.225-7014 Reserved.
252.225-7015 Restriction on Acquisition of Hand or Measuring Tools.
252.225-7016 Restriction on Acquisition of Ball and Roller Bearings.
252.225-7017 Photovoltaic Devices.
252.225-7018 Photovoltaic Devices—Certificate.
252.225-7019 Restriction on Acquisition of Anchor and Mooring Chain.
252.225-7020 Trade Agreements Certificate.
252.225-7021 Trade Agreements.
252.225-7022 Reserved.
252.225-7023 Preference for Products or Services from Afghanistan.
252.225-7024 Requirement for Products or Services from Afghanistan.
252.225-7025 Restriction on Acquisition of Forgings.
252.225-7026 Acquisition Restricted to Products or Services from Afghanistan.
252.225-7027 Restriction on Contingent Fees for Foreign Military Sales.
252.225-7028 Exclusionary Policies and Practices of Foreign Governments.
252.225-7029 Acquisition of Uniform Components for Afghan Military or Afghan National Police.
252.225-7030 Restriction on Acquisition of Carbon, Alloy, and Armor Steel Plate.
252.225-7031 Secondary Arab Boycott of Israel.
252.225-7032 Waiver of United Kingdom Levies–Evaluation of Offers.
252.225-7033 Waiver of United Kingdom Levies.
252.225-7034 Reserved.
252.225-7035 Buy American–Free Trade Agreements–Balance of Payments Program Certificate.
252.225-7036 Buy American–Free Trade Agreements–Balance of Payments Program.
252.225-7037 Evaluation of Offers for Air Circuit Breakers.
252.225-7038 Restriction on Acquisition of Air Circuit Breakers.
252.225-7039 Defense Contractors Performing Private Security Functions Outside the United States.
252.225-7040 Contractor Personnel Supporting U.S. Armed Forces Deployed Outside
the United States.
252.225-7041 Correspondence in English.
252.225-7042 Authorization to Perform.
252.225-7043 Antiterrorism/Force Protection Policy for Defense Contractors
Outside the United States.
252.225-7044 Balance of Payments Program–Construction Material.
252.225-7045 Balance of Payments Program–Construction Material Under Trade
Agreements.
252.225-7046 Exports by Approved Community Members in Response to the Solicitation.
252.225-7047 Exports by Approved Community Members in Performance of the Contract.
252.225-7048 Export-Controlled Items.
252.225-7049 Prohibition on Acquisition of Commercial Satellite Services from Certain Foreign Entities—Representations.
252.225-7050 Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism.
252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic
Enterprises–DoD Contracts
252.227-7000 Non-Estoppel.
252.227-7001 Release of Past Infringement.
252.227-7002 Readjustment of Payments.
252.227-7003 Termination.
252.227-7004 License Grant.
252.227-7005 License Term.
252.227-7006 License Grant–Running Royalty.
252.227-7007 License Term–Running Royalty.
252.227-7008 Computation of Royalties.
252.227-7009 Reporting and Payment of Royalties.
252.227-7010 License to Other Government Agencies.
252.227-7011 Assignments.
252.227-7012 Patent License and Release Contract.
252.227-7013 Rights in Technical Data–Noncommercial Items.
252.227-7014 Rights in Noncommercial Computer Software and Noncommercial
Computer Software Documentation.
252.227-7015 Technical Data–Commercial Items.
252.227-7016 Rights in Bid or Proposal Information.
252.227-7017 Identification and Assertion of Use, Release, or Disclosure
Restrictions.
252.227-7018 Rights in Noncommercial Technical Data and Computer Software– Small Business Innovation Research (SBIR) Program.
252.227-7019 Validation of Asserted Restrictions–Computer Software.
252.227-7020 Rights in Special Works.
252.227-7021 Rights in Data–Existing Works.
252.227-7022 Government Rights (Unlimited).
252.227-7023 Drawings and Other Data to Become Property of Government.
252.227-7024 Notice and Approval of Restricted Designs.
252.227-7025 Limitations on the Use or Disclosure of Government-Furnished
Information Marked with Restrictive Legends.
252.227-7026 Deferred Delivery of Technical Data or Computer Software.
252.227-7027 Deferred Ordering of Technical Data or Computer Software.
252.227-7028 Technical Data or Computer Software Previously Delivered to the
Government.
252.227-7029 Reserved.
252.227-7030 Technical Data–Withholding of Payment.
252.227-7031 Reserved.
252.227-7032 Rights in Technical Data and Computer Software (Foreign).
252.227-7033 Rights in Shop Drawings.
252.227-7034 Reserved.
252.227-7035 Reserved.
252.227-7036 Reserved.
252.227-7037 Validation of Restrictive Markings on Technical Data.
252.227-7038 Patent Rights–Ownership by the Contractor (Large Business).
252.227-7039 Patents–Reporting of Subject Inventions.
252.228-7000 Reimbursement for War-Hazard Losses.
252.228-7001 Ground and Flight Risk.
252.228-7002 Reserved.
252.228-7003 Capture and Detention.
252.228-7004 Bonds or Other Security.
252.228-7005 Accident Reporting and Investigation Involving Aircraft, Missiles,
and Space Launch Vehicles.
252.228-7006 Compliance with Spanish Laws and Insurance.
252.229-7000 Invoices Exclusive of Taxes or Duties.
252.229-7001 Tax Relief.
252.229-7002 Customs Exemptions (Germany).
252.229-7003 Tax Exemptions (Italy).
252.229-7004 Status of Contractor as a Direct Contractor (Spain).
252.229-7005 Tax Exemptions (Spain).
252.229-7006 Value Added Tax Exclusion (United Kingdom).
252.229-7007 Verification of United States Receipt of Goods.
252.229-7008 Relief from Import Duty (United Kingdom).
252.229-7009 Relief From Customs Duty and Value Added Tax on Fuel
(Passenger Vehicles) (United Kingdom).
252.229-7010 Relief from Customs Duty on Fuel (United Kingdom).
252.229-7011 Reporting of Foreign Taxes–U.S. Assistance Programs.
252.229-7012 Tax Exemptions (Italy)—Representation.
252.229-7013 Tax Exemptions (Spain)—Representation.
252.229-7014 Taxes—Foreign Contracts in Afghanistan.
252.229-7015 Taxes—Foreign Contracts in Afghanistan (North Atlantic Treaty Organization Status of Forces Agreement).
252.231-7000 Supplemental Cost Principles.
252.232-7000 Advance Payment Pool.
252.232-7001 Disposition of Payments.
252.232-7002 Progress Payments for Foreign Military Sales Acquisitions.
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports.
252.232-7004 DoD Progress Payment Rates.
252.232-7005 Reimbursement of Subcontractor Advance Payments–DoD Pilot
Mentor-Protege Program.
252.232-7006 Wide Area WorkFlow Payment Instructions.
252.232-7007 Limitation of Government’s Obligation.
252.232-7008 Assignment of Claims (Overseas).
252.232-7009 Mandatory Payment by Governmentwide Commercial Purchase Card.
252.232-7010 Levies on Contract Payments.
252.232-7011 Payments in Support of Emergencies and Contingency Operations.
252.232-7012 Performance-Based Payments–Whole-Contract Basis.
252.232-7013 Performance-Based Payments—Deliverable-Item Basis.
252.232-7014 Notification of Payment in Local Currency (Afghanistan).
252.233-7000 Reserved.
252.233-7001 Choice of Law (Overseas).
252.234-7001 Notice of Earned Value Management System.
252.234-7002 Earned Value Management System.
252.234-7003 Notice of Cost and Software Data Reporting System.
252.234-7004 Cost and Software Data Reporting System.
252.235-7000 Indemnification Under 10 U.S.C. 2354–Fixed Price.
252.235-7001 Indemnification Under 10 U.S.C. 2354–Cost Reimbursement.
252.235-7002 Animal Welfare.
252.235-7003 Frequency Authorization.
252.235-7004 Protection of Human Subjects.
252.235-7005 Reserved.
252.235-7006 Reserved.
252.235-7007 Reserved.
252.235-7008 Reserved.
252.235-7009 Reserved.
252.235-7010 Acknowledgement of Support and Disclaimer.
252.235-7011 Final Scientific or Technical Report.
252.236-7000 Modification Proposals–Price Breakdown.
252.236-7001 Contract Drawings and Specifications.
252.236-7002 Obstruction of Navigable Waterways.
252.236-7003 Payment for Mobilization and Preparatory Work.
252.236-7004 Payment for Mobilization and Demobilization.
252.236-7005 Airfield Safety Precautions.
252.236-7006 Cost Limitation.
252.236-7007 Additive or Deductive Items.
252.236-7008 Contract Prices–Bidding Schedules.
252.236-7009 Option for Supervision and Inspection Services.
252.236-7010 Overseas Military Construction–Preference for United States
Firms.
252.236-7011 Overseas Architect-Engineer Services–Restriction to United States
Firms.
252.236-7012 Military Construction on Kwajalein Atoll–Evaluation Preference.
252.236-7013 Requirement for Competition Opportunity for American Steel
Producers, Fabricators, and Manufacturers.
252.237-7000 Notice of Special Standards of Responsibility.
252.237-7001 Compliance with Audit Standards.
252.237-7002 Award to Single Offeror.
252.237-7003 Requirements.
252.237-7004 Area of Performance.
252.237-7005 Performance and Delivery.
252.237-7006 Subcontracting.
252.237-7007 Termination for Default.
252.237-7008 Group Interment.
252.237-7009 Permits.
252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel.
252.237-7011 Preparation History.
252.237-7012 Instruction to Offerors (Count-of-Articles).
252.237-7013 Instruction to Offerors (Bulk Weight).
252.237-7014 Loss or Damage (Count-of-Articles).
252.237-7015 Loss or Damage (Weight of Articles).
252.237-7016 Delivery Tickets.
252.237-7017 Individual Laundry.
252.237-7018 Special Definitions of Government Property.
252.237-7019 Training for Contractor Personnel Interacting with Detainees.
252.237-7020 Reserved.
252.237-7021 Reserved.
252.237-7022 Services at Installations Being Closed.
252.237-7023 Continuation of Essential Contractor Services.
252.237-7024 Notice of Continuation of Essential Contractor Services.
252.239-7000 Protection Against Compromising Emanations.
252.239-7001 Information Assurance Contractor Training and Certification.
252.239-7002 Access.
252.239-7003 Reserved.
252.239-7004 Orders for Facilities and Services.
252.239-7005 Rates, Charges, and Services.
252.239-7006 Tariff Information.
252.239-7007 Cancellation or Termination of Orders.
252.239-7008 Reuse Arrangements.
252.239-7009 Representation of Use of Cloud Computing.
252.239-7010 Cloud Computing Services.
252.239-7011 Special Construction and Equipment Charges.
252.239-7012 Title to Telecommunication Facilities and Equipment.
252.239-7013 Obligation of the Government.
252.239-7014 Term of Agreement.
252.239-7015 Continuation of Communication Service Authorizations.
252.239-7016 Telecommunications Security Equipment, Devices, Techniques,
and Services.
252.239-7017 Notice of Supply Chain Risk.
252.239-7018 Supply Chain risk.
252.241-7000 Superseding Contract.
252.241-7001 Government Access.
252.242-7000 Reserved.
252.242-7001 Reserved.
252.242-7002 Reserved.
252.242-7003 Reserved.
252.242-7004 Material Management and Accounting System.
252.242-7005 Contractor Business Systems.
252.242-7006 Accounting System Administration.
252.243-7000 Reserved.
252.243-7001 Pricing of Contract Modifications.
252.243-7002 Requests for Equitable Adjustment.
252.244-7000 Subcontracts for Commercial Items.
252.244-7001 Contractor Purchasing System Administration.
252.245-7000 Government-Furnished Mapping, Charting, and Geodesy Property.
252.245-7001 Tagging, Labeling, and Marking of Government-Furnished Property
252.245-7002 Reporting Loss of Government Property.
252.245-7003 Contractor Property Management System Administration.
252.245-7004 Reporting, Reutilization, and Disposal.
252.246-7000 Material Inspection and Receiving Report.
252.246-7001 Warranty of Data.
252.246-7002 Warranty of Construction (Germany).
252.246-7003 Notification of Potential Safety Issues.
252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military
Operations.
252.246-7005 Notice of Warranty Tracking of Serialized Items.
252.246-7006 Warranty Tracking of Serialized Items.
252.246-7007 Contractor Counterfeit Electronic Part Detection and Avoidance System.
252.246-7008 Sources of Electronic Parts.
252.247-7000 Hardship Conditions.
252.247-7001 Price Adjustment.
252.247-7002 Revision of Prices.
252.247-7003 Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost
Bearer.
252.247-7004 Indefinite Quantities–Fixed Charges.
252.247-7005 Indefinite Quantities–No Fixed Charges.
252.247-7006 Removal of Contractor's Employees.
252.247-7007 Liability and Insurance.
252.247-7008 Evaluation of Bids.
252.247-7009 Award.
252.247-7010 Scope of Contract.
252.247-7011 Period of Contract.
252.247-7012 Ordering Limitation.
252.247-7013 Contract Areas of Performance.
252.247-7014 Demurrage.
252.247-7015 Reserved.
252.247-7016 Contractor Liability for Loss or Damage.
252.247-7017 Erroneous Shipments.
252.247-7018 Subcontracting.
252.247-7019 Drayage.
252.247-7020 Additional Services.
252.247-7021 Returnable Containers Other Than Cylinders.
252.247-7022 Representation of Extent of Transportation by Sea.
252.247-7023 Transportation of Supplies by Sea.
252.247-7024 Notification of Transportation of Supplies by Sea.
252.247-7025 Reflagging or Repair Work.
252.247-7026 Evaluation Preference for Use of Domestic Shipyards–Applicable to
Acquisition of Carriage by Vessel for DoD Cargo in the Coastwise or
Noncontiguous Trade.
252.247-7027 Riding Gang Member Requirements.
252.247-7028 Application for U.S. Government Shipping Documentation/
Instructions.
252.249-7000 Special Termination Costs.
252.249-7001 Reserved.
252.249-7002 Notification of Anticipated Contract Termination or Reduction.
252.251-7000 Ordering From Government Supply Sources.
252.251-7001 Use of Interagency Fleet Management System (IFMS) Vehicles and
Related Services.
SUBPART 252.1--INSTRUCTIONS FOR USING PROVISIONS AND CLAUSES
(Revised June 26, 2015)
(b) Numbering.
(2) Provisions or clauses that supplement the FAR.
(ii)(B) DFARS provisions or clauses use a four digit sequential number in the 7000 series, e.g., -7000, -7001, -7002. Department or agency supplemental provisions or clauses use four digit sequential numbers in the 9000 series.
252.103 Identification of provisions and clauses.
For guidance on numbering department or agency provisions and clauses, see PGI 252.103
SUBPART 252.2--TEXT OF PROVISIONS AND CLAUSES
(Revised September 21, 1999)
252.201-7000 Contracting Officer's Representative.
As prescribed in 201.602-70, use the following clause:
CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)
(a) Definition. “Contracting officer's representative” means an individual designated in accordance with subsection 201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting officer to perform specific technical or administrative functions.
(b) If the Contracting Officer designates a contracting officer's representative (COR), the Contractor will receive a copy of the written designation. It will specify the extent of the COR's authority to act on behalf of the contracting officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.
(End of clause)
252.203-7000 Requirements Relating to Compensation of Former DoD Officials.
As prescribed in 203.171-4(a), use the following clause:
REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2011)
(a) Definition. “Covered DoD official,” as used in this clause, means an individual that—
(1) Leaves or left DoD service on or after January 28, 2008; and
(2)(i) Participated personally and substantially in an acquisition as defined in 41 U.S.C. 131 with a value in excess of $10 million, and serves or served—
(A) In an Executive Schedule position under subchapter II of chapter 53 of Title 5, United States Code;
(B) In a position in the Senior Executive Service under subchapter VIII of chapter 53 of Title 5, United States Code; or
(C) In a general or flag officer position compensated at a rate of pay for grade O-7 or above under section 201 of Title 37, United States Code; or
(ii) Serves or served in DoD in one of the following positions: program manager, deputy program manager, procuring contracting officer, administrative contracting officer, source selection authority, member of the source selection evaluation board, or chief of a financial or technical evaluation team for a contract in an amount in excess of $10 million.
(b) The Contractor shall not knowingly provide compensation to a covered DoD official within 2 years after the official leaves DoD service, without first determining that the official has sought and received, or has not received after 30 days of seeking, a written opinion from the appropriate DoD ethics counselor regarding the applicability of post-employment restrictions to the activities that the official is expected to undertake on behalf of the Contractor.
(c) Failure by the Contractor to comply with paragraph (b) of this clause may subject the Contractor to rescission of this contract, suspension, or debarment in accordance with 41 U.S.C. 2105(c).
(End of clause)
252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense Contract-Related Felonies.
As prescribed in 203.570-3, use the following clause:
PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE-CONTRACT-RELATED FELONIES (DEC 2008)
(a) Definitions. As used in this clause—
(1) “Arising out of a contract with the DoD” means any act in connection with—
(i) Attempting to obtain;
(ii) Obtaining; or
(iii) Performing a contract or first-tier subcontract of any agency, department, or component of the Department of Defense (DoD).
(2) “Conviction of fraud or any other felony” means any conviction for fraud or a felony in violation of state or Federal criminal statutes, whether entered on a verdict or plea, including a plea of nolo contendere, for which sentence has been imposed.
(3) “Date of conviction” means the date judgment was entered against the individual.
(b) Any individual who is convicted after September 29, 1988, of fraud or any other felony arising out of a contract with the DoD is prohibited from serving—
(1) In a management or supervisory capacity on this contract;
(2) On the board of directors of the Contractor;
(3) As a consultant, agent, or representative for the Contractor; or
(4) In any other capacity with the authority to influence, advise, or control the decisions of the Contractor with regard to this contract.
(c) Unless waived, the prohibition in paragraph (b) of this clause applies for not less than 5 years from the date of conviction.
(d) 10 U.S.C. 2408 provides that the Contractor shall be subject to a criminal penalty of not more than $500,000 if convicted of knowingly—
(1) Employing a person under a prohibition specified in paragraph (b) of this clause; or
(2) Allowing such a person to serve on the board of directors of the contractor or first-tier subcontractor.
(e) In addition to the criminal penalties contained in 10 U.S.C. 2408, the Government may consider other available remedies, such as—
(1) Suspension or debarment;
(2) Cancellation of the contract at no cost to the Government; or
(3) Termination of the contract for default.
(f) The Contractor may submit written requests for waiver of the prohibition in paragraph (b) of this clause to the Contracting Officer. Requests shall clearly identify—
(1) The person involved;
(2) The nature of the conviction and resultant sentence or punishment imposed;
(3) The reasons for the requested waiver; and
(4) An explanation of why a waiver is in the interest of national security.
(g) The Contractor agrees to include the substance of this clause, appropriately modified to reflect the identity and relationship of the parties, in all first-tier subcontracts exceeding the simplified acquisition threshold in Part 2 of the Federal Acquisition Regulation, except those for commercial items or components.
(h) Pursuant to 10 U.S.C. 2408(c), defense contractors and subcontractors may obtain information as to whether a particular person has been convicted of fraud or any other felony arising out of a contract with the DoD by contacting The Office of Justice Programs, The Denial of Federal Benefits Office, U.S. Department of Justice, telephone 301-937-1542; www.ojp.usdoj.gov/BJA/grant/DPFC.html.
(End of clause)
252.203-7002 Requirement to Inform Employees of Whistleblower Rights.
As prescribed in 203.970, use the following clause:
REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013)
(a) The Contractor shall inform its employees in writing, in the predominant native language of the workforce, of contractor employee whistleblower rights and protections under 10 U.S.C. 2409, as described in subpart 203.9 of the Defense Federal Acquisition Regulation Supplement.
(b) The Contractor shall include the substance of this clause, including this paragraph (b), in all subcontracts.
(End of clause)
252.203-7003, Agency Office of the Inspector General.
As prescribed in 203.1004(a), use the following clause:
AGENCY OFFICE OF THE INSPECTOR GENERAL (DEC 2012)
The agency office of the Inspector General referenced in paragraphs (c) and (d) of FAR clause 52.203-13, Contractor Code of Business Ethics and Conduct, is the DoD Office of Inspector General at the following address:
Department of Defense Office of Inspector General
Investigative Policy and Oversight
Contractor Disclosure Program
4800 Mark Center Drive, Suite 11H25
Alexandria, VA 22350-1500
Toll Free Telephone: 866-429-8011
(End of clause)
252.203-7004 Display of Hotline Posters.
As prescribed in 203.1004(b)(2)(ii), use the following clause:
DISPLAY OF HOTLINE POSTERS (OCT 2015)
(a) Definition. “United States,” as used in this clause, means the 50 States, the District of Columbia, and outlying areas.
(b) Display of fraud hotline poster(s).
(1) The Contractor shall display prominently the DoD fraud hotline poster, prepared by the DoD Office of the Inspector General, in common work areas within business segments performing work in the United States under Department of Defense (DoD) contracts.
(2) If the contract is funded, in whole or in part, by Department of Homeland Security (DHS) disaster relief funds, the DHS fraud hotline poster shall be displayed in addition to the DoD fraud hotline poster. If a display of a DHS fraud hotline poster is required, the Contractor may obtain such poster from: _________________________________________________________.
[Contracting Officer shall insert the appropriate DHS contact information or website.]
(c) Display of Combating Trafficking in Persons and Whistleblower Protection hotline posters. The Contractor shall display prominently the DoD Combating Trafficking in Persons and Whistleblower Protection hotline posters, prepared by the DoD Office of the Inspector General, in common work areas within business segments performing work under DoD contracts.
(d)(1) These DoD hotline posters may be obtained from: Defense Hotline, The Pentagon, Washington, D.C. 20301-1900, or are also available via the internet at http://www.dodig.mil/hotline/hotline_posters.htm.
(2) If a significant portion of the employee workforce does not speak English, then the posters are to be displayed in the foreign languages that a significant portion of the employees speak. Contact the DoD Inspector General at the address provided in paragraph (d)(1) of this clause if there is a requirement for employees to be notified of this clause and assistance with translation is required.
(3) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic
version of these required posters at the website.
(e) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (e), in all subcontracts that exceed $5.5 million except when the subcontract is for the acquisition of a commercial item.
(End of clause)
252.203-7005 Representation Relating to Compensation of Former DoD Officials.
As prescribed in 203.171-4(b), insert the following provision:
REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV 2011)
(a) Definition. “Covered DoD official” is defined in the clause at 252.203-7000, Requirements Relating to Compensation of Former DoD Officials.
(b) By submission of this offer, the offeror represents, to the best of its knowledge and belief, that all covered DoD officials employed by or otherwise receiving compensation from the offeror, and who are expected to undertake activities on behalf of the offeror for any resulting contract, are presently in compliance with all post-employment restrictions covered by 18 U.S.C. 207, 41 U.S.C. 2101-2107, and 5 CFR parts 2637 and 2641, including Federal Acquisition Regulation 3.104-2.
(End of provision)
252.204-7000 Disclosure of Information.
As prescribed in 204.404-70(a), use the following clause:
DISCLOSURE OF INFORMATION (AUG 2013)
(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;
(2) The information is otherwise in the public domain before the date of release; or
(3) The information results from or arises during the performance of a project that has been scoped and negotiated by the contracting activity with the contractor and research performer and determined in writing by the contracting officer to be fundamental research in accordance with National Security Decision Directive 189, National Policy on the Transfer of Scientific, Technical and Engineering Information, in effect on the date of contract award and the USD (AT&L) memoranda on Fundamental Research, dated May 24, 2010, and on Contracted Fundamental Research, dated June 26, 2008, (available at DFARS PGI 204.4).
(b) Requests for approval under paragraph (a)(1) 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 10 business days before the proposed date for release.
(c) The Contractor agrees to include a similar requirement, including this paragraph (c), 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)
252.204-7002 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, System for Award Management.
ALTERNATE A, SYSTEM FOR AWARD MANAGEMENT (FEB 2014)
As prescribed in 204.1105, substitute the following paragraph (a) for paragraph (a) of the provision at FAR 52.204-7:
(a) Definitions. As used in this provision—
“System for Award Management (SAM) 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 SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR 32.11) for the same parent concern.
“Registered in the System for Award Management (SAM) database” means that—
(1) The contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, and Contractor and Government Entity (CAGE) code into the SAM database; and
(2) The contractor has completed the Core Data, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM database;
(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as part of the SAM registration process; and
(4) The Government has marked the record “Active.”
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.
As prescribed in 204.1202, use the following provision:
ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS
(JAN 2015)
Substitute the following paragraphs (d) and (e) for paragraph (d) of the provision at FAR 52.204-8:
(d)(1) The following representations or certifications in the System for Award Management (SAM) database are applicable to this solicitation as indicated:
(i) 252.209-7003, Reserve Officer Training Corps and Military Recruiting on Campus—Representation. Applies to all solicitations with institutions of higher education.
(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) 252.222-7007, Representation Regarding Combating Trafficking in Persons, as prescribed in 222.1771. Applies to solicitations with a value expected to exceed the simplified acquisition threshold.
(iv) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country.
(v) 252.225-7049, Prohibition on Acquisition of Commercial Satellite Services from Certain Foreign Entities—Representations. Applies to solicitations for the acquisition of commercial satellite services.
(vi) 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.
(vii) 252.229-7012, Tax Exemptions (Italy)—Representation. Applies to solicitations and contracts when contract performance will be in Italy.
(viii) 252.229-7013, Tax Exemptions (Spain)—Representation. Applies to solicitations and contracts when contract performance will be in Spain.
(ix) 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.
(e) The offeror has completed the annual representations and certifications electronically via the SAM website at https://www.acquisition.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)
252.204-7008 Compliance with Safeguarding Covered Defense Information Controls.
As prescribed in 204.7304(a), use the following provision:
COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION CONTROLS (DEC 2015)
(a) Definitions. As used in this provision—
“Controlled technical information,” “covered contractor information system,” and “covered defense information” are defined in clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting.
(b) The security requirements required by contract clause 252.204-7012, Covered Defense Information and Cyber Incident Reporting, shall be implemented for all covered defense information on all covered contractor information systems that support the performance of this contract.
(c) For covered contractor information systems that are not part of an information technology (IT) service or system operated on behalf of the Government (see 252.204-7012(b)(1)(ii))—
(1) By submission of this offer, the Offeror represents that it will implement the security requirements specified by National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, “Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations” (see http://dx.doi.org/10.6028/NIST.SP.800-171), not later than December 31, 2017.
(2)(i) If the Offeror proposes to vary from any of the security requirements specified by NIST SP 800-171 that is in effect at the time the solicitation is issued or as authorized by the Contracting Officer, the Offeror shall submit to the Contracting Officer, for consideration by the DoD Chief Information Officer (CIO), a written explanation of—
(A) Why a particular security requirement is not applicable; or
(B) How an alternative but equally effective, security measure is used to compensate for the inability to satisfy a particular requirement and achieve equivalent protection.
(ii) An authorized representative of the DoD CIO will adjudicate offeror requests to vary from NIST SP 800-171 requirements in writing prior to contract award. Any accepted variance from NIST SP 800-171 shall be incorporated into the
resulting contract.
(End of provision)
252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information.
As prescribed in 204.7304(b), use the following clause:
LIMITATIONS ON THE USE OR DISCLOSURE OF THIRD-PARTY CONTRACTOR REPORTED CYBER INCIDENT INFORMATION (DEC 2015)
(a) Definitions. As used in this clause—
“Compromise” means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred.
“Controlled technical information” means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.
“Covered defense information” means unclassified information that—
(1) Is—
(i) Provided to the contractor by or on behalf of DoD in connection with the performance of the contract; or
(ii) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract; and
(2) Falls in any of the following categories:
(i) Controlled technical information.
(ii) Critical information (operations security). Specific facts identified through the Operations Security process about friendly intentions, capabilities, and activities vitally needed by adversaries for them to plan and act effectively so as to guarantee failure or unacceptable consequences for friendly mission accomplishment (part of Operations Security process).
(iii) Export control. Unclassified information concerning certain items, commodities, technology, software, or other information whose export could reasonably be expected to adversely affect the United States national security and nonproliferation objectives. To include dual use items; items identified in export administration regulations, international traffic in arms regulations and munitions list; license applications; and sensitive nuclear technology information.
(iv) Any other information, marked or otherwise identified in the contract, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies (e.g., privacy, proprietary business information).
“Cyber incident” means actions taken through the use of computer networks that result in a compromise or an actual or potentially adverse effect on an information system and/or the information residing therein.
(b) Restrictions. The Contractor agrees that the following conditions apply to any information it receives or creates in the performance of this contract that is information obtained from a third-party’s reporting of a cyber incident pursuant to DFARS clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting (or derived from such information obtained under that clause):
(1) The Contractor shall access and use the information only for the purpose of furnishing advice or technical assistance directly to the Government in support of the Government’s activities related to clause 252.204-7012, and shall not be used for any other purpose.
(2) The Contractor shall protect the information against unauthorized release or disclosure.
(3) The Contractor shall ensure that its employees are subject to use and non-disclosure obligations consistent with this clause prior to the employees being provided access to or use of the information.
(4) The third-party contractor that reported the cyber incident is a third-party beneficiary of the non-disclosure agreement between the Government and Contractor, as required by paragraph (b)(3) of this clause.
(5) A breach of these obligations or restrictions may subject the Contractor to—
(i) Criminal, civil, administrative, and contractual actions in law and equity for penalties, damages, and other appropriate remedies by the United States; and
(ii) Civil actions for damages and other appropriate remedies by the third party that reported the cyber incident, as a third party beneficiary of this clause.
(c) Subcontracts. The Contractor shall include this clause, including this paragraph (c), in subcontracts, or similar contractual instruments, for services that include support for the Government’s activities related to safeguarding covered defense information and cyber incident reporting, including subcontracts for commercial items, without alteration, except to identify the parties.
(End of clause)
252.204-7010 Requirement for Contractor to Notify DoD if the Contractor’s Activities are Subject to Reporting Under the U.S.-International Atomic Energy Agency Additional Protocol.
As prescribed in 204.470-3, use the following clause:
REQUIREMENT FOR CONTRACTOR TO NOTIFY DOD IF THE CONTRACTOR’S ACTIVITIES ARE SUBJECT TO REPORTING UNDER THE U.S.-INTERNATIONAL ATOMIC ENERGY AGENCY ADDITIONAL PROTOCOL (JAN 2009)
(a) If the Contractor is required to report any of its activities in accordance with Department of Commerce regulations (15 CFR Part 781 et seq.) or Nuclear Regulatory Commission regulations (10 CFR Part 75) in order to implement the declarations required by the U.S.-International Atomic Energy Agency Additional Protocol (U.S.-IAEA AP), the Contractor shall—
(1) Immediately provide written notification to the following DoD Program Manager:
[Contracting Officer to insert Program Manager’s name, mailing address, e-mail address, telephone number, and facsimile number];
(2) Include in the notification—
(i) Where DoD contract activities or information are located relative to the activities or information to be declared to the Department of Commerce or the Nuclear Regulatory Commission; and
(ii) If or when any current or former DoD contract activities and the activities to be declared to the Department of Commerce or the Nuclear Regulatory Commission have been or will be co-located or located near enough to one another to result in disclosure of the DoD activities during an IAEA inspection or visit; and
(3) Provide a copy of the notification to the Contracting Officer.
(b) After receipt of a notification submitted in accordance with paragraph (a) of this clause, the DoD Program Manager will—
(1) Conduct a security assessment to determine if and by what means access may be granted to the IAEA; or
(2) Provide written justification to the component or agency treaty office for a national security exclusion, in accordance with DoD Instruction 2060.03, Application of the National Security Exclusion to the Agreements Between the United States of America and the International Atomic Energy Agency for the Application of Safeguards in the United States of America. DoD will notify the Contractor if a national security exclusion is applied at the Contractor’s location to prohibit access by the IAEA.
(c) If the DoD Program Manager determines that a security assessment is required—
(1) DoD will, at a minimum—
(i) Notify the Contractor that DoD officials intend to conduct an assessment of vulnerabilities to IAEA inspections or visits;
(ii) Notify the Contractor of the time at which the assessment will be conducted, at least 30 days prior to the assessment;
(iii) Provide the Contractor with advance notice of the credentials of the DoD officials who will conduct the assessment; and
(iv) To the maximum extent practicable, conduct the assessment in a manner that does not impede or delay operations at the Contractor’s facility; and
(2) The Contractor shall provide access to the site and shall cooperate with DoD officials in the assessment of vulnerabilities to IAEA inspections or visits.
(d) Following a security assessment of the Contractor’s facility, DoD officials will notify the Contractor as to—
(1) Whether the Contractor’s facility has any vulnerabilities where potentially declarable activities under the U.S.-IAEA AP are taking place;
(2) Whether additional security measures are needed; and
(3) Whether DoD will apply a national security exclusion.
(e) If DoD applies a national security exclusion, the Contractor shall not grant access to IAEA inspectors.
(f) If DoD does not apply a national security exclusion, the Contractor shall apply managed access to prevent disclosure of program activities, locations, or information in the U.S. declaration.
(g) The Contractor shall not delay submission of any reports required by the Department of Commerce or the Nuclear Regulatory Commission while awaiting a DoD response to a notification provided in accordance with this clause.
(h) The Contractor shall incorporate the substance of this clause, including this paragraph (h), in all subcontracts that are subject to the provisions of the U.S.-IAEA AP.
(End of clause)
252.204-7011 Alternative Line Item Structure.
As prescribed in 204.7109(b), insert the following provision:
ALTERNATIVE LINE ITEM STRUCTURE (SEP 2011)
(a) Line items are the basic structural elements in a solicitation or contract that provide for the organization of contract requirements to facilitate pricing, delivery, inspection, acceptance and payment. Line items are organized into contract line items, subline items, and exhibit line items. Separate line items should be established to account for separate pricing, identification (see section 211.274 of the Defense Federal Acquisition Regulation Supplement), deliveries, or funding. The Government recognizes that the line item structure in this solicitation may not conform to every offeror’s practices. Failure to correct these issues can result in difficulties in accounting for deliveries and processing payments. Therefore, offerors are invited to propose an alternative line item structure for items on which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract structure is economically and administratively advantageous to the Government and the Contractor.
(b) If an alternative line item structure is proposed, the structure must be consistent with subpart 204.71 of the Defense Federal Acquisition Regulation Supplement and PGI 204.71. A sample line item structure and a proposed alternative structure are as follows:
Solicitation:
ITEM NO. |
SUPPLIES/SERVICE |
QUANTITY |
UNIT |
UNIT PRICE |
AMOUNT |
0001 |
Computer, Desktop with CPU, Monitor, Keyboard and Mouse |
20 |
EA |
|
|
Alternative line item structure offer where monitors are shipped separately:
SUPPLIES/SERVICE |
QUANTITY |
UNIT |
UNIT PRICE |
AMOUNT | |
0001 |
Computer, Desktop with CPU, Keyboard and Mouse |
20 |
EA |
|
|
0002 |
Monitor |
20 |
EA |
||
(End of provision)
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.
As prescribed in 204.7304(c), use the following clause:
SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (DEC 2015)
(a) Definitions. As used in this clause—
“Adequate security” means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information.
“Compromise” means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred.
“Contractor attributional/proprietary information” means information that identifies the contractor(s), whether directly or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description, facility locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company.
“Contractor information system” means an information system belonging to, or operated by or for, the Contractor.
“Controlled technical information” means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.
“Covered contractor information system” means an information system that is owned, or operated by or for, a contractor and that processes, stores, or transmits covered defense information.
“Covered defense information” means unclassified information that—
(i) Is—
(A) Provided to the contractor by or on behalf of DoD in connection with the performance of the contract; or
(B) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract; and
(ii) Falls in any of the following categories:
(A) Controlled technical information.
(B) Critical information (operations security). Specific facts identified through the Operations Security process about friendly intentions, capabilities, and activities vitally needed by adversaries for them to plan and act effectively so as to guarantee failure or unacceptable consequences for friendly mission accomplishment (part of Operations Security process).
(C) Export control. Unclassified information concerning certain items, commodities, technology, software, or other information whose export could reasonably be expected to adversely affect the United States national security and nonproliferation objectives. To include dual use items; items identified in export administration regulations, international traffic in arms regulations and munitions list; license applications; and sensitive nuclear technology information.
(D) Any other information, marked or otherwise identified in the contract, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies (e.g., privacy, proprietary business information).
“Cyber incident” means actions taken through the use of computer networks that result in a compromise or an actual or potentially adverse effect on an information system and/or the information residing therein.
“Forensic analysis” means the practice of gathering, retaining, and analyzing computer-related data for investigative purposes in a manner that maintains the integrity of the data.
“Malicious software” means computer software or firmware intended to perform an unauthorized process that will have adverse impact on the confidentiality, integrity, or availability of an information system. This definition includes a virus, worm, Trojan horse, or other code-based entity that infects a host, as well as spyware and some forms of adware.
“Media” means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which information is recorded, stored, or printed within an information system.
‘‘Operationally critical support’’ means supplies or services designated by the Government as critical for airlift, sealift, intermodal transportation services, or logistical support that is essential to the mobilization, deployment, or sustainment of the Armed Forces in a contingency operation.
“Rapid(ly) report(ing)” means within 72 hours of discovery of any cyber incident.
“Technical information” means technical data or computer software, as those terms are defined in the clause at DFARS 252.227-7013, Rights in Technical Data-Non Commercial Items, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code.
(b) Adequate security. The Contractor shall provide adequate security for all covered defense information on all covered contractor information systems that support the performance of work under this contract. To provide adequate security, the Contractor shall—
(1) Implement information systems security protections on all covered contractor information systems including, at a minimum—
(i) For covered contractor information systems that are part of an Information Technology (IT) service or system operated on behalf of the Government—
(A) Cloud computing services shall be subject to the security requirements specified in the clause 252.239-7010, Cloud Computing Services, of this contract; and
(B) Any other such IT service or system (i.e., other than cloud computing) shall be subject to the security requirements specified elsewhere in this contract; or
(ii) For covered contractor information systems that are not part of an IT service or system operated on behalf of the Government and therefore are not subject to the security requirement specified at paragraph (b)(1)(i) of this clause—
(A) The security requirements in National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, “Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations,” http://dx.doi.org/10.6028/NIST.SP.800-171 that is in effect at the time the solicitation is issued or as authorized by the Contracting Officer, as soon as practical, but not later than December 31, 2017. The Contractor shall notify the DoD CIO, via email at osd.dibcsia@mail.mil, within 30 days of contract award, of any security requirements specified by NIST SP 800-171 not implemented at the time of contract award; or
(B) Alternative but equally effective security measures used to compensate for the inability to satisfy a particular requirement and achieve equivalent protection accepted in writing by an authorized representative of the DoD CIO; and
(2) Apply other information systems security measures when the Contractor reasonably determines that information systems security measures, in addition to those identified in paragraph (b)(1) of this clause, may be required to provide adequate security in a dynamic environment based on an assessed risk or vulnerability.
(c) Cyber incident reporting requirement.
(1) When the Contractor discovers a cyber incident that affects a covered contractor information system or the covered defense information residing therein, or that affects the contractor’s ability to perform the requirements of the contract that are designated as operationally critical support, the Contractor shall—
(i) Conduct a review for evidence of compromise of covered defense information, including, but not limited to, identifying compromised computers, servers, specific data, and user accounts. This review shall also include analyzing covered contractor information system(s) that were part of the cyber incident, as well as other information systems on the Contractor’s network(s), that may have been accessed as a result of the incident in order to identify compromised covered defense information, or that affect the Contractor’s ability to provide operationally critical support; and
(ii) Rapidly report cyber incidents to DoD at http://dibnet.dod.mil.
(2) Cyber incident report. The cyber incident report shall be treated as information created by or for DoD and shall include, at a minimum, the required elements at http://dibnet.dod.mil.
(3) Medium assurance certificate requirement. In order to report cyber incidents in accordance with this clause, the Contractor or subcontractor shall have or acquire a DoD-approved medium assurance certificate to report cyber incidents. For information on obtaining a DoD-approved medium assurance certificate, see http://iase.disa.mil/pki/eca/Pages/index.aspx.
(d) Malicious software. The Contractor or subcontractors that discover and isolate malicious software in connection with a reported cyber incident shall submit the malicious software in accordance with instructions provided by the Contracting Officer.
(e) Media preservation and protection. When a Contractor discovers a cyber incident has occurred, the Contractor shall preserve and protect images of all known affected information systems identified in paragraph (c)(1)(i) of this clause and all relevant monitoring/packet capture data for at least 90 days from the submission of the cyber incident report to allow DoD to request the media or decline interest.
(f) Access to additional information or equipment necessary for forensic analysis. Upon request by DoD, the Contractor shall provide DoD with access to additional information or equipment that is necessary to conduct a forensic analysis.
(g) Cyber incident damage assessment activities. If DoD elects to conduct a damage assessment, the Contracting Officer will request that the Contractor provide all of the damage assessment information gathered in accordance with paragraph (e) of this clause.
(h) DoD safeguarding and use of contractor attributional/proprietary information. The Government shall protect against the unauthorized use or release of information obtained from the contractor (or derived from information obtained from the contractor) under this clause that includes contractor attributional/proprietary information, including such information submitted in accordance with paragraph (c). To the maximum extent practicable, the Contractor shall identify and mark attributional/proprietary information. In making an authorized release of such information, the Government will implement appropriate procedures to minimize the contractor attributional/proprietary information that is included in such authorized release, seeking to include only that information that is necessary for the authorized purpose(s) for which the information is being released.
(i) Use and release of contractor attributional/proprietary information not created by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is not created by or for DoD is authorized to be released outside of DoD—
(1) To entities with missions that may be affected by such information;
(2) To entities that may be called upon to assist in the diagnosis, detection, or mitigation of cyber incidents;
(3) To Government entities that conduct counterintelligence or law enforcement investigations;
(4) For national security purposes, including cyber situational awareness and defense purposes (including with Defense Industrial Base (DIB) participants in the
program at 32 CFR part 236); or
(5) To a support services contractor (“recipient”) that is directly supporting Government activities under a contract that includes the clause at 252.204-7009, Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information.
(j) Use and release of contractor attributional/proprietary information created by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is created by or for DoD (including the information submitted pursuant to paragraph (c) of this clause) is authorized to be used and released outside of DoD for purposes and activities authorized by paragraph (i) of this clause, and for any other lawful Government purpose or activity, subject to all applicable statutory, regulatory, and policy based restrictions on the Government’s use and release of such information.
(k) The Contractor shall conduct activities under this clause in accordance with applicable laws and regulations on the interception, monitoring, access, use, and disclosure of electronic communications and data.
(l) Other safeguarding or reporting requirements. The safeguarding and cyber incident reporting required by this clause in no way abrogates the Contractor’s responsibility for other safeguarding or cyber incident reporting pertaining to its unclassified information systems as required by other applicable clauses of this contract, or as a result of other applicable U.S. Government statutory or regulatory requirements.
(m) Subcontracts. The Contractor shall—
(1) Include this clause, including this paragraph (m), in subcontracts, or similar contractual instruments, for operationally critical support, or for which subcontract performance will involve a covered contractor information system, including subcontracts for commercial items, without alteration, except to identify the parties;
and
(2) When this clause is included in a subcontract, require subcontractors to rapidly report cyber incidents directly to DoD at http://dibnet.dod.mil and the prime Contractor. This includes providing the incident report number, automatically assigned by DoD, to the prime Contractor (or next higher-tier subcontractor) as soon as practicable.
(End of clause)
252.204-7013 Limitations on the Use or Disclosure of Information by
Litigation Support Offerors.
As prescribed in 204.7403(a), use the following provision. If the solicitation is a request for quotations, the terms “quotation” and “Quoter” may be substituted for “offer” and “Offeror”.
LIMITATIONS ON THE USE OR DISCLOSURE OF INFORMATION BY LITIGATION SUPPORT OFFERORS (MAY 2016)
(a) Definitions. As used in this provision—
“Computer software” means computer programs, source code, source code listings, object code listings, design details, algorithms, processes, flow charts, formulae, and related material that would enable the software to be reproduced, recreated, or recompiled. Computer software does not include computer data bases or computer software documentation.
“Litigation information” means any information, including sensitive information, that is furnished to the contractor by or on behalf of the Government, or that is generated or obtained by the contractor in the performance of litigation support under a contract. The term does not include information that is lawfully, publicly available without restriction, including information contained in a publicly available solicitation.
“Litigation support” means administrative, technical, or professional services provided in support of the Government during or in anticipation of litigation.
“Sensitive information” means controlled unclassified information of a commercial, financial, proprietary, or privileged nature. The term includes technical data and computer software, but does not include information that is lawfully, publicly available without restriction.
“Technical data” means recorded information, regardless of the form or method of the recording, of a scientific or technical nature (including computer software documentation). The term does not include computer software or data incidental to contract administration, such as financial and/or management information.
(b) Limitations on use or disclosure of litigation information. Notwithstanding any other provision of this solicitation, by submission of its offer, the Offeror agrees and acknowledges that—
(1) All litigation information will be accessed and used for the sole purpose of providing litigation support;
(2) The Offeror will take all precautions necessary to prevent unauthorized disclosure of litigation information;
(3) The litigation information shall not be used by the Offeror to compete against a third party for Government or nongovernment contracts; and
(4) Upon completion of the authorized litigation support activities, the Offeror will destroy or return to the Government at the request of the Contracting Officer all litigation information in its possession.
(c) Indemnification and creation of third party beneficiary rights. By submission of its offer, the Offeror agrees—
(1) To indemnify and hold harmless the Government, its agents, and employees from any claim or liability, including attorneys’ fees, court costs, and expenses, arising out of, or in any way related to, the misuse or unauthorized modification, reproduction, release, performance, display, or disclosure of any litigation information; and
(2) That any third party holding proprietary rights or any other legally protectable interest in any litigation information, in addition to any other rights it may have, is a third party beneficiary who shall have a right of direct action against the Offeror, and against any person to whom the Offeror has released or disclosed such litigation information, for any such unauthorized use or disclosure of such information.
(d) Offeror employees. By submission of its offer, the Offeror agrees to ensure that its employees are subject to use and nondisclosure obligations consistent with this provision prior to the employees being provided access to or use of any litigation information covered by this provision.
(End of provision)
252.204-7014 Limitations on the Use or Disclosure of Information by Litigation Support Contractors.
As prescribed in 204.7403(b), use the following clause:
LIMITATIONS ON THE USE OR DISCLOSURE OF INFORMATION BY LITIGATION SUPPORT CONTRACTORS (MAY 2016)
(a) Definitions. As used in this clause—
“Computer software” means computer programs, source code, source code listings, object code listings, design details, algorithms, processes, flow charts, formulae, and related material that would enable the software to be reproduced, recreated, or recompiled. Computer software does not include computer data bases or computer software documentation.
“Litigation information” means any information, including sensitive information, that is furnished to the contractor by or on behalf of the Government, or that is generated or obtained by the contractor in the performance of litigation support work under a contract. The term does not include information that is lawfully, publicly available without restriction, including information contained in a publicly available solicitation.
“Litigation support” means administrative, technical, or professional services provided in support of the Government during or in anticipation of litigation.
"Litigation support contractor" means a contractor (including its experts, technical consultants, subcontractors, and suppliers) providing litigation support under a contract that contains this clause.
“Sensitive information” means controlled unclassified information of a commercial, financial, proprietary, or privileged nature. The term includes technical data and computer software, but does not include information that is lawfully, publicly available without restriction.
“Technical data” means recorded information, regardless of the form or method of the recording, of a scientific or technical nature (including computer software documentation). The term does not include computer software or data incidental to contract administration, such as financial and/or management information.
(b) Limitations on use or disclosure of litigation information. Notwithstanding any other provision of this contract, the Contractor shall—
(1) Access and use litigation information only for the purpose of providing litigation support under this contract;
(2) Not disclose litigation information to any entity outside the Contractor’s organization unless, prior to such disclosure the Contracting Officer has provided written consent to such disclosure;
(3) Take all precautions necessary to prevent unauthorized disclosure of litigation information;
(4) Not use litigation information to compete against a third party for Government or nongovernment contracts; and
(5) Upon completion of the authorized litigation support activities, destroy or return to the Government at the request of the Contracting Officer all litigation information in its possession.
(c) Violation of paragraph (b)(1), (b)(2), (b)(3), (b)(4), or (b)(5) of this clause, is a basis for the Government to terminate this contract.
(d) Indemnification and creation of third party beneficiary rights. The Contractor agrees—
(1) To indemnify and hold harmless the Government, its agents, and employees from any claim or liability, including attorneys’ fees, court costs, and expenses, arising out of, or in any way related to, the misuse or unauthorized modification, reproduction, release, performance, display, or disclosure of any litigation information; and
(2) That any third party holding proprietary rights or any other legally protectable interest in any litigation information, in addition to any other rights it may have, is a third party beneficiary under this contract who shall have a right of direct action against the Contractor, and against any person to whom the Contractor has released or disclosed such litigation information, for any such unauthorized use or disclosure of such information.
(e) Contractor employees. The Contractor shall ensure that its employees are subject to use and nondisclosure obligations consistent with this clause prior to the employees being provided access to or use of any litigation information covered by this clause.
(f) Flowdown. Include the substance of this clause, including this paragraph (f), in all subcontracts, including subcontracts for commercial items.
(End of clause)
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support.
As prescribed in 204.7403(c), use the following clause:
NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION SUPPORT (MAY 2016)
(a) Definitions. As used in this clause—
“Computer software” means computer programs, source code, source code listings, object code listings, design details, algorithms, processes, flow charts, formulae, and related material that would enable the software to be reproduced, recreated, or recompiled. Computer software does not include computer data bases or computer software documentation.
“Litigation support” means administrative, technical, or professional services provided in support of the Government during or in anticipation of litigation.
"Litigation support contractor" means a contractor (including its experts, technical consultants, subcontractors, and suppliers) providing litigation support under a contract that contains the clause at 252.204-7014, Limitations on the Use or Disclosure of Information by Litigation Support Contractors.
“Sensitive information” means controlled unclassified information of a commercial, financial, proprietary, or privileged nature. The term includes technical data and computer software, but does not include information that is lawfully, publicly available without restriction.
“Technical data” means recorded information, regardless of the form or method of the recording, of a scientific or technical nature (including computer software documentation). The term does not include computer software or data incidental to contract administration, such as financial and/or management information.
(b) Notice of authorized disclosures. Notwithstanding any other provision of this solicitation or contract, the Government may disclose to a litigation support contractor, for the sole purpose of litigation support activities, any information, including sensitive information, received--
(1) Within or in connection with a quotation or offer; or
(2) In the performance of or in connection with a contract.
(c) Flowdown. Include the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for commercial items.
(End of clause)
252.205-7000 Provision of Information to Cooperative Agreement Holders.
As prescribed in 205.470, use the following clause:
PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (DEC 1991)
(a) Definition. “Cooperative agreement holder” means a State or local government; a private, nonprofit organization; a tribal organization (as defined in section 4(c) of the Indian Self-Determination and Education Assistance Act (Pub. L. 93-268; 25 U.S.C. 450(c))); or an economic enterprise (as defined in section 3(e) of the Indian Financing Act of 1974 (Pub. L. 93-362; 25 U.S.C. 1452(e))) whether such economic enterprise is organized for profit or nonprofit purposes; which has an agreement with the Defense Logistics Agency to furnish procurement technical assistance to business entities.
(b) The Contractor shall provide cooperative agreement holders, upon their request, with a list of those appropriate employees or offices responsible for entering into subcontracts under defense contracts. The list shall include the business address, telephone number, and area of responsibility of each employee or office.
(c) The Contractor need not provide the listing to a particular cooperative agreement holder more frequently than once a year.
(End of clause)
252.206-7000 Domestic Source Restriction.
As prescribed at 206.302-3-70, use the following provision:
DOMESTIC SOURCE RESTRICTION (DEC 1991)
This solicitation is restricted to domestic sources under the authority of 10 U.S.C. 2304(c)(3). Foreign sources, except Canadian sources, are not eligible for award.
(End of provision)
252.208-7000 Intent to Furnish Precious Metals as Government-Furnished Material.
As prescribed in 208.7305(a), use the following clause:
INTENT TO FURNISH PRECIOUS METALS AS GOVERNMENT-FURNISHED MATERIAL (DEC 1991)
(a) The Government intends to furnish precious metals required in the manufacture of items to be delivered under the contract if the Contracting Officer determines it to be in the Government's best interest. The use of Government-furnished silver is mandatory when the quantity required is one hundred troy ounces or more. The precious metal(s) will be furnished pursuant to the Government Furnished Property clause of the contract.
(b) The Offeror shall cite the type (silver, gold, platinum, palladium, iridium, rhodium, and ruthenium) and quantity in whole troy ounces of precious metals required in the performance of this contract (including precious metals required for any first article or production sample), and shall specify the national stock number (NSN) and nomenclature, if known, of the deliverable item requiring precious metals.
|
Precious Metal* |
Quantity |
Deliverable Item (NSN and Nomenclature) |
____________________________________________________________________ | ||
____________________________________________________________________ | ||
____________________________________________________________________ | ||
____________________________________________________________________ | ||
____________________________________________________________________ | ||
____________________________________________________________________ | ||
____________________________________________________________________ | ||
*If platinum or palladium, specify whether sponge or granules are required.
(c) Offerors shall submit two prices for each deliverable item which contains precious metals--one based on the Government furnishing precious metals, and one based on the Contractor furnishing precious metals. Award will be made on the basis which is in the best interest of the Government.
(d) The Contractor agrees to insert this clause, including this paragraph (d), in solicitations for subcontracts and purchase orders issued in performance of this contract, unless the Contractor knows that the item being purchased contains no precious metals.
(End of clause)
252.209-7002 Disclosure of Ownership or Control by a Foreign Government
As prescribed in 209.104-70, use the following provision:
DISCLOSURE OF OWNERSHIP OR CONTROL BY A FOREIGN GOVERNMENT (JUN 2010)
(a) Definitions. As used in this provision—
(1) “Effectively owned or controlled” means that a foreign government or any entity controlled by a foreign government has the power, either directly or indirectly, whether exercised or exercisable, to control the election, appointment, or tenure of the Offeror’s officers or a majority of the Offeror’s board of directors by any means, e.g., ownership, contract, or operation of law (or equivalent power for unincorporated organizations).
(2) “Entity controlled by a foreign government”—
(i) Means—
(A) Any domestic or foreign organization or corporation that is effectively owned or controlled by a foreign government; or
(B) Any individual acting on behalf of a foreign government.
(ii) Does not include an organization or corporation that is owned, but is not controlled, either directly or indirectly, by a foreign government if the ownership of that organization or corporation by that foreign government was effective before October 23, 1992.
(3) “Foreign government” includes the state and the government of any country (other than the United States and its outlying areas) as well as any political subdivision, agency, or instrumentality thereof.
(4) “Proscribed information” means—
(i) Top Secret information;
(ii) Communications security (COMSEC) material, excluding controlled cryptographic items when unkeyed or utilized with unclassified keys;
(iii) Restricted Data as defined in the U.S. Atomic Energy Act of 1954, as amended;
(iv) Special Access Program (SAP) information; or
(v) Sensitive Compartmented Information (SCI).
(b) Prohibition on award. No contract under a national security program may be awarded to an entity controlled by a foreign government if that entity requires access to proscribed information to perform the contract, unless the Secretary of Defense or a designee has waived application of 10 U.S.C. 2536(a).
(c) Disclosure. The Offeror shall disclose any interest a foreign government has in the Offeror when that interest constitutes control by a foreign government as defined in this provision. If the Offeror is a subsidiary, it shall also disclose any reportable interest a foreign government has in any entity that owns or controls the subsidiary, including reportable interest concerning the Offeror’s immediate parent, intermediate parents, and the ultimate parent. Use separate paper as needed, and provide the information in the following format:
Offeror’s Point of Contact for Questions about Disclosure(Name and Phone Number with Country Code, City Codeand Area Code, as applicable) | |
Name and Address of Offeror |
|
Name and Address of Entity Controlled by a Foreign Government |
Description of Interest, Ownership Percentage, and Identification of Foreign Government |
(End of provision) | |
252.209-7003 Reserve Officer Training Corps and Military Recruiting on Campus—Representation.
As prescribed in 209.470-4(a), use the following provision:
RESERVE OFFICER TRAINING CORPS AND MILITARY RECRUITING ON CAMPUS—REPRESENTATION (MAR 2012)
(a) Definition. "Institution of higher education," as used in this provision, is defined in the clause at 252.209-7005, Reserve officer Training Corps and Military Recruiting on Campus.
(b) Limitation on contract award. Except as provided in paragraph (c) of this provision, an institution of higher education is ineligible for contract award if the Secretary of Defense determines that the institution has a current policy or practice (regardless of when implemented) that prohibits or in effect prevents—
(1) The Secretary of a military department from maintaining, establishing, or operating a unit of the Senior Reserve Officer Training Corps (ROTC) (in accordance with 10 U.S.C. 654 and other applicable Federal laws) at that institution;
(2) A student at that institution from enrolling in a unit of the Senior ROTC at another institution of higher education;
(3) The Secretary of a military department or the Secretary of Transportation from gaining entry to campuses, or access to students (who are 17 years of age or older) on campuses, for purposes of military recruiting; or
(4) Military recruiters from accessing, for purposes of military recruiting, the following information pertaining to students (who are 17 years of age or older) enrolled at that institution:
(i) Name.
(ii) Address.
(iii) Telephone number.
(iv) Date and place of birth.
(v) Educational level.
(vi) Academic major.
(vii) Degrees received.
(viii) Most recent educational institution enrollment.
(c) Exception. The limitation in paragraph (b) of this provision does not apply to an institution of higher education if the Secretary of Defense determines that the institution has a long-standing policy of pacifism based on historical religious affiliation.
(d) Representation. By submission of its offer, the offeror represents that the institution does not have any policy or practice described in paragraph (b) of this clause, unless the Secretary of Defense has determined that the institution has a long-standing policy of pacifism based on historical religious affiliation.
(End of provision)
252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.
As prescribed in 209.409, use the following clause:
SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE GOVERNMENT OF A COUNTRY THAT IS A STATE SPONSOR OF TERRORISM (OCT 2015)
(a) Unless the Government determines that there is a compelling reason to do so, the Contractor shall not enter into any subcontract in excess of $35,000 with a firm, or a subsidiary of a firm, that is identified in the Exclusions section of the System for Award Management (SAM Exclusions) as being ineligible for the award of Defense contracts or subcontracts because it is owned or controlled by the government of a country that is a state sponsor of terrorism.
(b) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing, before entering into a subcontract with a party that is identified, in SAM Exclusions, as being ineligible for the award of Defense contracts or subcontracts because it is owned or controlled by the government of a country that is a state sponsor of terrorism. The notice must include the name of the proposed subcontractor and the compelling reason(s) for doing business with the subcontractor notwithstanding its inclusion in SAM Exclusions.
(End of clause)
252.209-7005 Reserve Officer Training Corps and Military Recruiting on Campus.
As prescribed in 209.470-4(b), use the following clause:
RESERVE OFFICER TRAINING CORPS AND MILITARY RECRUITING ON CAMPUS (MAR 2012)
(a) Definition. "Institution of higher education," as used in this clause, means an institution that meets the requirements of 20 U.S.C. 1001 and includes all subelements of such an institution.
(b) Limitation. Except as provided in paragraph (c) of this clause, the Contractor shall not, during performance of this contract, have any policy or practice that prohibits or in effect prevents—
(1) The Secretary of a military department from maintaining, establishing, or operating a unit of the Senior Reserve Officer Training Corps (ROTC) (in accordance with 10 U.S.C. 654 and other applicable Federal laws) at that institution;
(2) A student at that institution from enrolling in a unit of the Senior ROTC at another institution of higher education;
(3) The Secretary of a military department or the Secretary of Transportation from gaining entry to campuses, or access to students (who are 17 years of age or older) on campuses, for purposes of military recruiting; or
(4) Military recruiters from accessing, for purposes of military recruiting, the following information pertaining to students (who are 17 years of age or older) enrolled at that institution:
(i) Name.
(ii) Address.
(iii) Telephone number.
(iv) Date and place of birth.
(v) Educational level.
(vi) Academic major.
(vii) Degrees received.
(viii) Most recent educational institution enrollment.
(c) Exception. The limitation in paragraph (b) of this clause does not apply to an institution of higher education if the Secretary of Defense determines that—
(1) The institution has ceased the policy or practice described in paragraph (b) of this clause; or
(2) The institution has a long-standing policy of pacifism based on historical religious affiliation.
(d) Notwithstanding any other clause of this contract, if the Secretary of Defense determines that the Contractor misrepresented its policies and practices at the time of contract award or has violated the prohibition in paragraph (b) of this clause—
(1) The Contractor will be ineligible for further payments under this and any other contracts with the Department of Defense; and
(2) The Government will terminate this contract for default for the Contractor's material failure to comply with the terms and conditions of award.
(End of clause)
252.209-7006 Limitations on Contractors Acting as Lead System Integrators.
As prescribed in 209.570-4(a), use the following provision:
LIMITATIONS ON CONTRACTORS ACTING AS LEAD SYSTEM INTEGRATORS (JAN 2008)
(a) Definitions. “Lead system integrator,” “lead system integrator with system responsibility,” and “lead system integrator without system responsibility,” as used in this provision, have the meanings given in the clause of this solicitation entitled “Prohibited Financial Interests for Lead System Integrators” (DFARS 252.209-7007).
(b) General. Unless an exception is granted, no contractor performing lead system integrator functions in the acquisition of a major system by the Department of Defense may have any direct financial interest in the development or construction of any individual system or element of any system of systems.
(c) Representations.
(1) The offeror represents that it does [ ] does not [ ] propose to perform this contract as a lead system integrator with system responsibility.
(2) The offeror represents that it does [ ] does not [ ] propose to perform this contract as a lead system integrator without system responsibility.
(3) If the offeror answered in the affirmative in paragraph (c)(1) or (2) of this provision, the offeror represents that it does [ ] does not [ ] have any direct financial interest as described in paragraph (b) of this provision with respect to the system(s), subsystem(s), system of systems, or services described in this solicitation.
(d) If the offeror answered in the affirmative in paragraph (c)(3) of this provision, the offeror should contact the Contracting Officer for guidance on the possibility of submitting a mitigation plan and/or requesting an exception.
(e) If the offeror does have a direct financial interest, the offeror may be prohibited from receiving an award under this solicitation, unless the offeror submits to the Contracting Officer appropriate evidence that the offeror was selected by a subcontractor to serve as a lower-tier subcontractor through a process over which the offeror exercised no control.
(f) This provision implements the requirements of 10 U.S.C. 2410p, as added by Section 807 of the National Defense Authorization Act for Fiscal Year 2007 (Pub. L. 109-364).
(End of provision)
252.209-7007 Prohibited Financial Interests for Lead System Integrators.
As prescribed in 209.570-4(b), use the following clause:
PROHIBITED FINANCIAL INTERESTS FOR LEAD SYSTEM INTEGRATORS (JUL 2009)
(a) Definitions. As used in this clause—
(1) “Lead system integrator” includes “lead system integrator with system responsibility” and “lead system integrator without system responsibility.”
(2) “Lead system integrator with system responsibility” means a prime contractor for the development or production of a major system, if the prime contractor is not expected at the time of award to perform a substantial portion of the work on the system and the major subsystems.
(3) “Lead system integrator without system responsibility” means a prime contractor under a contract for the procurement of services, the primary purpose of which is to perform acquisition functions closely associated with inherently governmental functions (see section 7.503(d) of the Federal Acquisition Regulation) with respect to the development or production of a major system.
(b) Limitations. The Contracting Officer has determined that the Contractor meets the definition of lead system integrator with [ ] without [ ] system responsibility. Unless an exception is granted, the Contractor shall not have any direct financial interest in the development or construction of any individual system or element of any system of systems while performing lead system integrator functions in the acquisition of a major system by the Department of Defense under this contract.
(c) Agreement. The Contractor agrees that during performance of this contract it will not acquire any direct financial interest as described in paragraph (b) of this clause, or, if it does acquire or plan to acquire such interest, it will immediately notify the Contracting Officer. The Contractor further agrees to provide to the Contracting Officer all relevant information regarding the change in financial interests so that the Contracting Officer can determine whether an exception applies or whether the Contractor will be allowed to continue performance on this contract. If a direct financial interest cannot be avoided, eliminated, or mitigated to the Contracting Officer’s satisfaction, the Contracting Officer may terminate this contract for default for the Contractor’s material failure to comply with the terms and conditions of award or may take other remedial measures as appropriate in the Contracting Officer’s sole discretion.
(d) Notwithstanding any other clause of this contract, if the Contracting Officer determines that the Contractor misrepresented its financial interests at the time of award or has violated the agreement in paragraph (c) of this clause, the Government may terminate this contract for default for the Contractor’s material failure to comply with the terms and conditions of award or may take other remedial measures as appropriate in the Contracting Officer’s sole discretion.
(e) This clause implements the requirements of 10 U.S.C. 2410p, as added by Section 807 of the National Defense Authorization Act for Fiscal Year 2007 (Pub. L. 109-364), and Section 802 of the National Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110-181).
(End of clause)
252.209-7008 Notice of Prohibition Relating to Organizational Conflict of Interest—Major Defense Acquisition Program.
As prescribed in 209.571-8(a), use the following provision:
NOTICE OF PROHIBITION RELATING TO ORGANIZATIONAL CONFLICT OF INTEREST—MAJOR DEFENSE ACQUISITION PROGRAM (DEC 2010)
(a) Definitions. “Major subcontractor” is defined in the clause at 252.209-7009, Organizational Conflict of Interest—Major Defense Acquisition Program.
(b) This solicitation is for the performance of systems engineering and technical assistance for a major defense acquisition program or a pre-major defense acquisition program.
(c) Prohibition. As required by paragraph (b)(3) of section 207 of the Weapons System Acquisition Reform Act of 2009 (Pub. L. 111-23), if awarded the contract, the contractor or any affiliate of the contractor is prohibited from participating as a prime contractor or a major subcontractor in the development or production of a weapon system under the major defense acquisition program or pre-major defense acquisition program, unless the offeror submits, and the Government approves, an Organizational Conflict of Interest Mitigation Plan.
(d) Request for an exception. If the offeror requests an exception to the prohibition of paragraph (c) of this provision, then the offeror shall submit an Organizational Conflict of Interest Mitigation Plan with its offer for evaluation.
(e) Incorporation of Organizational Conflict of Interest Mitigation Plan in contract. If the apparently successful offeror submitted an acceptable Organizational Conflict of Interest Mitigation Plan, and the head of the contracting activity determines that DoD needs the domain experience and expertise of the highly qualified, apparently successful offeror in accordance with FAR 209.571-7(c), then the Contracting Officer will incorporate the Organizational Conflict of Interest Mitigation Plan into the resultant contract, and paragraph (d) of the clause at 252.209-7009 will become applicable.
(End of provision)
252.209-7009 Organizational Conflict of Interest—Major Defense Acquisition Program.
As prescribed in 209.571-8(b), use the following clause:
ORGANIZATIONAL CONFLICT OF INTEREST—
MAJOR DEFENSE ACQUISITION PROGRAM (OCT 2015)
(a) Definition. “Major subcontractor,” as used in this clause, means a subcontractor that is awarded a subcontract that equals or exceeds—
(i) Both the certified cost or pricing data threshold and 10 percent of the value of the contract under which the subcontracts are awarded; or
(ii) $55 million.
(b) This contract is for the performance of systems engineering and technical assistance for a major defense acquisition program or a pre-major defense acquisition program.
(c) Prohibition. Except as provided in paragraph (d) of this clause, as required by paragraph (b)(3) of section 207 of the Weapons System Acquisition Reform Act of 2009 (Pub. L. 111-23), the Contractor or any affiliate of the Contractor is prohibited from participating as a prime contractor or major subcontractor in the development or production of a weapon system under the major defense acquisition program or pre-major defense acquisition program.
(d) Organizational Conflict of Interest Mitigation Plan. If the Contractor submitted an acceptable Organizational Conflict of Interest Mitigation Plan that has been incorporated into this contract, then the prohibition in paragraph (c) of this clause does not apply. The Contractor shall comply with the Organizational Conflict of Interest Mitigation Plan. Compliance with the Organizational Conflict of Interest Mitigation Plan is a material requirement of the contract. Failure to comply may result in the Contractor or any affiliate of the Contractor being prohibited from participating as a contractor or major subcontractor in the development or production of a weapon system under the program, in addition to any other remedies available to the Government for noncompliance with a material requirement of a contract.
(End of clause)
252.209-7010 Critical Safety Items.
As prescribed in 209.270-5, use the following clause:
CRITICAL SAFETY ITEMS (AUG 2011)
(a) Definitions.
“Aviation critical safety item” means a part, an assembly, installation equipment, launch equipment, recovery equipment, or support equipment for an aircraft or aviation weapon system if the part, assembly, or equipment contains a characteristic any failure, malfunction, or absence of which could cause—
(i) A catastrophic or critical failure resulting in the loss of, or serious damage to, the aircraft or weapon system;
(ii) An unacceptable risk of personal injury or loss of life; or
(iii) An uncommanded engine shutdown that jeopardizes safety.
“Design control activity” means—
(i) With respect to an aviation critical safety item, the systems command of a military department that is specifically responsible for ensuring the airworthiness of an aviation system or equipment, in which an aviation critical safety item is to be used; and
(ii) With respect to a ship critical safety item, the systems command of a military department that is specifically responsible for ensuring the seaworthiness of a ship or ship equipment, in which a ship critical safety item is to be used.
“Ship critical safety item” means any ship part, assembly, or support equipment containing a characteristic, the failure, malfunction, or absence of which could cause—
(i) A catastrophic or critical failure resulting in loss of, or serious damage to, the ship; or
(ii) An unacceptable risk of personal injury or loss of life.
(b) Identification of critical safety items. One or more of the items being procured under this contract is an aviation or ship critical safety item. The following items have been designated aviation critical safety items or ship critical safety items by the designated design control activity:
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(Insert additional lines as necessary)
(c) Heightened quality assurance surveillance. Items designated in
paragraph (b) of this clause are subject to heightened, risk-based surveillance by the designated quality assurance representative.
(End of clause)
252.209-7998 Representation Regarding Conviction of a Felony Criminal
Violation under any Federal or State Law.
See Class Deviation 2012-O0007, Prohibition Against Contracting with Corporations that Have a Felony Conviction, dated March 9, 2012. Contracting officers shall include the provision at 252.209-7998 in all solicitations that will use funds made available by Division H of the Consolidated Appropriations Act, 2012, including solicitations for acquisition of commercial items under FAR part 12, and shall apply the restrictions included in the deviation. This deviation is effective beginning March 9, 2012, and remains in effect until incorporated in the FAR or DFARS or otherwise rescinded.
252.209-7999 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law.
See Class Deviation 2012-O0004, Prohibition Against Contracting With Corporations That Have an Unpaid Delinquent Tax Liability or a Felony Conviction under Federal Law, dated January 23, 2012. Contracting officers shall include this provision in all solicitations that will use funds made available by Division A of the Consolidated Appropriations Act, 2012, including solicitations for acquisition of commercial items under FAR part 12, and shall apply the restrictions included in the deviation. This deviation is effective beginning January 23, 2012, and remains in effect until incorporated in the FAR or DFARS or otherwise rescinded.
(Revised June 7, 2016)
252.211-7000 Acquisition Streamlining.
As prescribed in 211.002-70, use the following clause:
ACQUISITION STREAMLINING (OCT 2010)
(a) The Government's acquisition streamlining objectives are to—
(1) Acquire systems that meet stated performance requirements;
(2) Avoid over-specification; and
(3) Ensure that cost-effective requirements are included in future acquisitions.
(b) The Contractor shall—
(1) Prepare and submit acquisition streamlining recommendations in accordance with the statement of work of this contract; and
(2) Format and submit the recommendations as prescribed by data requirements on the contract data requirements list of this contract.
(c) The Government has the right to accept, modify, or reject the Contractor's recommendations.
(d) The Contractor shall insert this clause, including this paragraph (d), in all
subcontracts over $1.5 million, awarded in the performance of this contract.
(End of clause)
252.211-7001 Availability of Specifications, Standards, and Data Item Descriptions Not Listed in the Acquisition Streamlining and Standardization Information System (ASSIST), and Plans, Drawings, and Other Pertinent Documents.
As prescribed in 211.204(c), use the following provision:
AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM DESCRIPTIONS NOT LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION INFORMATION SYSTEM (ASSIST), AND PLANS, DRAWINGS, AND OTHER PERTINENT DOCUMENTS (MAY 2006)
Offerors may obtain the specifications, standards, plans, drawings, data item descriptions, and other pertinent documents cited in this solicitation by submitting a request to:
(Activity) |
||
(Complete Address) |
||
Include the number of the solicitation and the title and number of the specification, standard, plan, drawing, or other pertinent document.
(End of provision)
252.211-7002 Availability for Examination of Specifications, Standards, Plans, Drawings, Data Item Descriptions, and Other Pertinent Documents.
As prescribed in 211.204(c), use the following provision:
AVAILABILITY FOR EXAMINATION OF SPECIFICATIONS, STANDARDS, PLANS, DRAWINGS, DATA ITEM DESCRIPTIONS, AND OTHER PERTINENT DOCUMENTS (DEC 1991)
The specifications, standards, plans, drawings, data item descriptions, and other pertinent documents cited in this solicitation are not available for distribution but may be examined at the following location:
(Insert complete address) |
(End of provision)
252.211-7003 Item Unique Identification and Valuation.
As prescribed in 211.274-6(a)(1), use the following clause:
ITEM UNIQUE IDENTIFICATION AND VALUATION (MAR 2016)
(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.
“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 http://www.acq.osd.mil/dpap/pdi/uid/iuid_equivalents.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.
“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 http://www.acq.osd.mil/dpap/pdi/uid/uii_types.html.
(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 ____.
(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—
(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).
(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).**
(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 items.
(End of clause)
252.211-7004 Alternate Preservation, Packaging, and Packing.
As prescribed in 211.272, use the following provision:
ALTERNATE PRESERVATION, PACKAGING, AND PACKING (DEC 1991)
(a) The Offeror may submit two unit prices for each item--one based on use of the military preservation, packaging, or packing requirements of the solicitation; and an alternate based on use of commercial or industrial preservation, packaging, or packing of equal or better protection than the military.
(b) If the Offeror submits two unit prices, the following information, as a minimum, shall be submitted with the offer to allow evaluation of the alternate—
(1) The per unit/item cost of commercial or industrial preservation, packaging, and packing;
(2) The per unit/item cost of military preservation, packaging, and packing;
(3) The description of commercial or industrial preservation, packaging, and packing procedures, including material specifications, when applicable, to include—
(i) Method of preservation;
(ii) Quantity per unit package;
(iii) Cleaning/drying treatment;
(iv) Preservation treatment;
(v) Wrapping materials;
(vi) Cushioning/dunnage material;
(vii) Thickness of cushioning;
(viii) Unit container;
(ix) Unit package gross weight and dimensions;
(x) Packing; and
(xi) Packing gross weight and dimensions; and
(4) Item characteristics, to include—
(i) Material and finish;
(ii) Net weight;
(iii) Net dimensions; and
(iv) Fragility.
(c) If the Contracting Officer does not evaluate or accept the Offeror's proposed alternate commercial or industrial preservation, packaging, or packing, the Offeror agrees to preserve, package, or pack in accordance with the specified military requirements.
(End of provision)
252.211-7005 Substitutions for Military or Federal Specifications and Standards.
As prescribed in 211.273-4, use the following clause:
SUBSTITUTIONS FOR MILITARY OR FEDERAL SPECIFICATIONS AND STANDARDS (NOV 2005)
(a) Definition. “SPI process,” as used in this clause, means a management or manufacturing process that has been accepted previously by the Department of Defense under the Single Process Initiative (SPI) for use in lieu of a specific military or Federal specification or standard at specific facilities. Under SPI, these processes are reviewed and accepted by a Management Council, which includes representatives of the Contractor, the Defense Contract Management Agency, the Defense Contract Audit Agency, and the military departments.
(b) Offerors are encouraged to propose SPI processes in lieu of military or Federal specifications and standards cited in the solicitation. A listing of SPI processes accepted at specific facilities is available via the Internet at http://guidebook.dcma.mil/20/guidebook_process.htm (paragraph 4.2).
(c) An offeror proposing to use an SPI process in lieu of military or Federal specifications or standards cited in the solicitation shall
(1) Identify the specific military or Federal specification or standard for which the SPI process has been accepted;
(2) Identify each facility at which the offeror proposes to use the specific SPI process in lieu of military or Federal specifications or standards cited in the solicitation;
(3) Identify the contract line items, subline items, components, or elements affected by the SPI process; and
(4) If the proposed SPI process has been accepted at the facility at which it is proposed for use, but is not yet listed at the Internet site specified in paragraph (b) of this clause, submit documentation of Department of Defense acceptance of the SPI process.
(d) Absent a determination that an SPI process is not acceptable for this procurement, the Contractor shall use the following SPI processes in lieu of military or Federal specifications or standards:
(Offeror insert information for each SPI process)
SPI Process: |
|||
Facility: |
|||
Military or Federal Specification or Standard: |
|||
Affected Contract Line Item Number, Subline Item Number, Component, or Element: |
|||
(e) If a prospective offeror wishes to obtain, prior to the time specified for receipt of offers, verification that an SPI process is an acceptable replacement for military or Federal specifications or standards required by the solicitation, the prospective offeror
(1) May submit the information required by paragraph (d) of this clause to the Contracting Officer prior to submission of an offer; but
(2) Must submit the information to the Contracting Officer at least 10 working days prior to the date specified for receipt of offers.
(End of clause)
252.211-7006 Passive Radio Frequency Identification.
As prescribed in 211.275-3, use the following clause:
PASSIVE RADIO FREQUENCY IDENTIFICATION (JUN 2016)
(a) Definitions. As used in this clause—
“Advance shipment notice” means an electronic notification used to list the contents of a shipment of goods as well as additional information relating to the shipment, such as passive radio frequency identification (RFID) or item unique identification (IUID) information, order information, product description, physical characteristics, type of packaging, marking, carrier information, and configuration of goods within the transportation equipment.
“Bulk commodities” means the following commodities, when shipped in rail tank cars, tanker trucks, trailers, other bulk wheeled conveyances, or pipelines:
(1) Sand.
(2) Gravel.
(3) Bulk liquids (water, chemicals, or petroleum products).
(4) Ready-mix concrete or similar construction materials.
(5) Coal or combustibles such as firewood.
(6) Agricultural products such as seeds, grains, or animal feed.
“Case” means either a MIL-STD-129 defined exterior container within a palletized unit load or a MIL-STD-129 defined individual shipping container.
“Electronic Product Code™ (EPC)” means an identification scheme for universally identifying physical objects via RFID tags and other means. The standardized EPC data consists of an EPC (or EPC identifier) that uniquely identifies an individual object, as well as an optional filter value when judged to be necessary to enable effective and efficient reading of the EPC tags. In addition to this standardized data, certain classes of EPC tags will allow user-defined data. The EPC Tag Data Standards will define the length and position of this data, without defining its content.
“EPCglobal®” means a subscriber-driven organization comprised of industry leaders and organizations focused on creating global standards for the adoption of passive RFID technology.
“Exterior container” means a MIL-STD-129 defined container, bundle, or assembly that is sufficient by reason of material, design, and construction to protect unit packs and intermediate containers and their contents during shipment and storage. It can be a unit pack or a container with a combination of unit packs or intermediate containers. An exterior container may or may not be used as a shipping container.
“Palletized unit load” means a MIL-STD-129 defined quantity of items, packed or unpacked, arranged on a pallet in a specified manner and secured, strapped, or fastened on the pallet so that the whole palletized load is handled as a single unit. A palletized or skidded load is not considered to be a shipping container. A loaded 463L System pallet is not considered to be a palletized unit load. Refer to the Defense Transportation Regulation, DoD 4500.9-R, Part II, Chapter 203, for marking of 463L System pallets.
“Passive RFID tag” means a tag that reflects energy from the reader/interrogator or that receives and temporarily stores a small amount of energy from the reader/interrogator signal in order to generate the tag response. The only acceptable tags are EPC Class 1 passive RFID tags that meet the EPCglobal™ Class 1 Generation 2 standard.
“Radio frequency identification (RFID)” means an automatic identification and data capture technology comprising one or more reader/interrogators and one or more radio frequency transponders in which data transfer is achieved by means of suitably modulated inductive or radiating electromagnetic carriers.
“Shipping container” means a MIL-STD-129 defined exterior container that meets carrier regulations and is of sufficient strength, by reason of material, design, and construction, to be shipped safely without further packing (e.g., wooden boxes or crates, fiber and metal drums, and corrugated and solid fiberboard boxes).
(b)(1) Except as provided in paragraph (b)(2) of this clause, the Contractor shall affix passive RFID tags, at the case- and palletized-unit-load packaging levels, for shipments of items that—
(i) Are in any of the following classes of supply, as defined in DoD 4140.1-R, DoD Supply Chain Materiel Management Regulation, AP1.1.11:
(A) Subclass of Class I – Packaged operational rations.
(B) Class II – Clothing, individual equipment, tentage, organizational tool kits, hand tools, and administrative and housekeeping supplies and equipment.
(C) Class IIIP – Packaged petroleum, lubricants, oils, preservatives, chemicals, and additives.
(D) Class IV – Construction and barrier materials.
(E) Class VI – Personal demand items (non-military sales items).
(F) Subclass of Class VIII – Medical materials (excluding pharmaceuticals, biologicals, and reagents – suppliers should limit the mixing of excluded and non-excluded materials).
(G) Class IX – Repair parts and components including kits, assemblies and subassemblies, reparable and consumable items required for maintenance support of all equipment, excluding medical-peculiar repair parts; and
(ii) Are being shipped to one of the locations listed at http://www.acq.osd.mil/log/sci/RFID_ship-to-locations.html or to—
(A) A location outside the contiguous United States when the shipment has been assigned Transportation Priority 1, or to—
(B) The following location(s) deemed necessary by the requiring activity:
Contract Line, Subline, or Exhibit Line Item Number |
Location Name |
City |
State |
DoDAAC |
(2) The following are excluded from the requirements of paragraph (b)(1) of this clause:
(i) Shipments of bulk commodities.
(ii) Shipments to locations other than Defense Distribution Depots when the contract includes the clause at FAR 52.213-1, Fast Payment Procedures.
(c) The Contractor shall—
(1) Ensure that the data encoded on each passive RFID tag are globally unique (i.e., the tag ID is never repeated across two or more RFID tags and conforms to the requirements in paragraph (d) of this clause;
(2) Use passive tags that are readable; and
(3) Ensure that the passive tag is affixed at the appropriate location on the specific level of packaging, in accordance with MIL-STD-129 (Section 4.9.2) tag placement specifications.
(d) Data syntax and standards. The Contractor shall encode an approved RFID tag using the instructions provided in the EPC™ Tag Data Standards in effect at the time of contract award. The EPC™ Tag Data Standards are available at http://www.epcglobalinc.org/standards/.
(1) If the Contractor is an EPCglobal™ subscriber and possesses a unique EPC™ company prefix, the Contractor may use any of the identifiers and encoding instructions described in the most recent EPC™ Tag Data Standards document to encode tags.
(2) If the Contractor chooses to employ the DoD identifier, the Contractor shall use its previously assigned Commercial and Government Entity (CAGE) code and shall encode the tags in accordance with the tag identifier details located in the DoD Suppliers' Passive RFID Information Guide at http://www.acq.osd.mil/log/sci/ait.html. If the Contractor uses a third-party packaging house to encode its tags, the CAGE code of the third-party packaging house is acceptable.
(3) Regardless of the selected encoding scheme, the Contractor with which the Department holds the contract is responsible for ensuring that the tag ID encoded on each passive RFID tag is globally unique, per the requirements in paragraph (c)(1).
(e) Advance shipment notice. The Contractor shall use Wide Area WorkFlow (WAWF), as required by DFARS 252.232-7003, Electronic Submission of Payment Requests, to electronically submit advance shipment notice(s) with the RFID tag ID(s) (specified in paragraph (d) of this clause) in advance of the shipment in accordance with the procedures at https://wawf.eb.mil/.
(End of clause)
252.211-7007 Reporting of Government-Furnished Property.
As prescribed in 211.274-6(b), use the following clause:
REPORTING OF GOVERNMENT-FURNISHED PROPERTY (AUG 2012)
(a) Definitions. As used in this clause—
“Commercial and Government entity (CAGE) code” means—
(i) A code assigned by the Defense Logistics Agency Logistics Information Service to identify a commercial or Government entity; or
(ii) A code assigned by a member of the North Atlantic Treaty Organization that the Defense Logistics Agency Logistics Information Service records and maintains in the CAGE master file. The type of code is known as an “NCAGE code.”
“Contractor-acquired property” has the meaning given in FAR clause 52.245-1. Upon acceptance by the Government, contractor-acquired property becomes Government-furnished property.
“Government-furnished property” has the meaning given in FAR clause 52.245-1.
“Item unique identification (IUID)” means a system of assigning, reporting, and marking DoD property with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items.
“IUID Registry” means the DoD data repository that receives input from both industry and Government sources and provides storage of, and access to, data that identifies and describes tangible Government personal property. The IUID Registry is—
(i) The authoritative source of Government unit acquisition cost for items with unique item identification (see DFARS 252.211-7003) that were acquired after January 1, 2004;
(ii) The master data source for Government-furnished property; and
(iii) An authoritative source for establishing the acquisition cost of end-item equipment.
“National stock number (NSN)” means a 13-digit stock number used to identify items of supply. It consists of a four-digit Federal Supply Code and a nine-digit National Item Identification Number.
“Nomenclature” means—
(i) The combination of a Government-assigned type designation and an approved item name;
(ii) Names assigned to kinds and groups of products; or
(iii) Formal designations assigned to products by customer or supplier (such as model number or model type, design differentiation, or specific design series or configuration).
“Part or identifying number (PIN)” means the identifier assigned by the original design activity, or by the controlling nationally recognized standard, that uniquely identifies (relative to that design activity) a specific item.
“Reparable” means an item, typically in unserviceable condition, furnished to the Contractor for maintenance, repair, modification, or overhaul.
“Serially managed item” means an item designated by DoD to be uniquely tracked, controlled, or managed in maintenance, repair, and/or supply systems by means of its serial number.
“Supply condition code” means a classification of materiel in terms of readiness for issue and use or to identify action underway to change the status of materiel (see http://www2.dla.mil/j-6/dlmso/elibrary/manuals/dlm/dlm_pubs.asp).
“Unique item identifier (UII)” means a set of data elements permanently marked on an item that is globally unique and unambiguous and never changes, in order to provide traceability of the item throughout its total life cycle. The term includes a concatenated UII or a DoD recognized unique identification equivalent.
“Unit acquisition cost” has the meaning given in FAR clause 52.245-1.
(b) Reporting Government-furnished property to the IUID Registry. Except as provided in paragraph (c) of this clause, the Contractor shall report, in accordance with paragraph (f), Government-furnished property to the IUID Registry as follows:
(1) Up to and including December 31, 2013, report serially managed Government-furnished property with a unit-acquisition cost of $5,000 or greater.
(2) Beginning January 1, 2014, report—
(i) All serially managed Government-furnished property, regardless of unit-acquisition cost; and
(ii) Contractor receipt of non-serially managed items. Unless tracked as an individual item, the Contractor shall report non-serially managed items to the Registry in the same unit of packaging, e.g., original manufacturer’s package, box, or container, as it was received.
(c) Exceptions. Paragraph (b) of this clause does not apply to–
(1) Contractor-acquired property;
(2) Property under any statutory leasing authority;
(3) Property to which the Government has acquired a lien or title solely because of partial, advance, progress, or performance-based payments;
(4) Intellectual property or software;
(5) Real property; or
(6) Property released for work in process.
(d) Data for reporting to the IUID Registry. To permit reporting of Government-furnished property to the IUID Registry, the Contractor’s property management system shall enable the following data elements in addition to those required by paragraph (f)(1)(iii) (A)(1) through (3), (5), (7), (8), and (10) of the Government Property clause of this contract (FAR 52.245-1):
(1) Received/Sent (shipped) date.
(2) Status code.
(3) Accountable Government contract number.
(4) Commercial and Government Entity (CAGE) code on the accountable
Government contract.
(5) Mark record.
(i) Bagged or tagged code (for items too small to individually tag or mark).
(ii) Contents (the type of information recorded on the item, e.g., item internal control number).
(iii) Effective date (date the mark is applied).
(iv) Added or removed code/flag.
(v) Marker code (designates which code is used in the marker identifier, e.g., D=CAGE, UN=DUNS, LD=DODAAC).
(vi) Marker identifier, e.g., Contractor’s CAGE code or DUNS number.
(vii) Medium code; how the data is recorded, e.g., barcode, contact memory button.
(viii) Value, e.g., actual text or data string that is recorded in its human-
readable form.
(ix) Set (used to group marks when multiple sets exist).
(6) Appropriate supply condition code, required only for reporting of reparables, per Appendix 2 of DoD 4000.25-2-M, Military Standard Transaction Reporting and Accounting Procedures manual (http://www2.dla.mil/j-6/dlmso/elibrary/manuals/dlm/dlm_pubs.asp).
(e) When Government-furnished property is in the possession of subcontractors, Contractors shall ensure that reporting is accomplished using the data elements required in paragraph (d) of this clause.
(f) Procedures for reporting of Government-furnished property. Except as provided in paragraph (c) of this clause, the Contractor shall establish and report to the IUID Registry the information required by FAR clause 52.245-1, paragraphs (e) and (f)(1)(iii), in accordance with the data submission procedures at http://www.acq.osd.mil/dpap/pdi/uid/data_submission_information.html.
(g) Procedures for updating the IUID Registry.
(1) Except as provided in paragraph (g)(2), the Contractor shall update the IUID Registry at https://iuid.logisticsinformationservice.dla.mil/ for changes in status, mark, custody, condition code (for reparables only), or disposition of items that are—
(i) Received by the Contractor;
(ii) Delivered or shipped from the Contractor’s plant, under Government instructions, except when shipment is to a subcontractor or other location of the Contractor;
(iii) Consumed or expended, reasonably and properly, or otherwise accounted for, in the performance of the contract as determined by the Government property administrator, including reasonable inventory adjustments;
(iv) Disposed of; or
(v) Transferred to a follow-on or other contract.
(2) The Contractor need not report to the IUID Registry those transactions reported or to be reported to the following DCMA etools:
(i) Plant Clearance Automated Reutilization and Screening System (PCARSS); or
(ii) Lost, Theft, Damaged or Destroyed (LTDD) system.
(3) The contractor shall update the IUID Registry as transactions occur or as otherwise stated in the Contractor’s property management procedure.
(End of clause)
252.211-7008 Use of Government-Assigned Serial Numbers
As prescribed in 211.274-6(c), use the following clause:
USE OF GOVERNMENT-ASSIGNED SERIAL NUMBERS (SEP 2010)
(a) Definitions. As used in this clause—
“Government-assigned serial number” means a combination of letters or numerals in a fixed human-readable information format (text) conveying information about a major end item, which is provided to a contractor by the requiring activity with accompanying technical data instructions for marking the Government-assigned serial number on major end items to be delivered to the Government.
“Major end item” means a final combination of component parts and/or materials which is ready for its intended use and of such importance to operational readiness that review and control of inventory management functions (procurement, distribution, maintenance, disposal, and asset reporting) is required at all levels of life cycle management. Major end items include aircraft; ships; boats; motorized wheeled, tracked, and towed vehicles for use on highway or rough terrain; weapon and missile end items; ammunition; and sets, assemblies, or end items having a major end item as a component.
“Unique item identifier (UII)” means a set of data elements permanently marked on an item that is globally unique and unambiguous and never changes in order to provide traceability of the item throughout its total life cycle. The term includes a concatenated UII or a DoD-recognized unique identification equivalent.
(b) The Contractor shall mark the Government-assigned serial numbers on those major end items as specified by line item in the Schedule, in accordance with the technical instructions for the placement and method of application identified in the terms and conditions of the contract.
(c) The Contractor shall register the Government-assigned serial number along with the major end item’s UII at the time of delivery in accordance with the provisions of the clause at DFARS 252.211-7003(d).
(d) The Contractor shall establish the UII for major end items for use throughout the life of the major end item. The Contractor may elect, but is not required, to use the Government-assigned serial number to construct the UII.
(End of clause)
(Revised June 30, 2016)
252.212-7002 Pilot Program for Acquisition of Military-Purpose Nondevelopmental Items.
As prescribed in 212.7103, use the following provision:
PILOT PROGRAM FOR ACQUISITION OF MILITARY-PURPOSE NONDEVELOPMENTAL ITEMS (JUN 2016)
(a) Definitions. As used in this provision—
“Military-purpose nondevelopmental item” means a nondevelopmental item that meets a validated military requirement, as determined in writing by the responsible program manager, and has been developed exclusively at private expense. An item shall not be considered to be developed at private expense if development of the item was paid for in whole or in part through—
(1) Independent research and development costs or bid and proposal costs, per the definition in FAR 31.205-18, that have been reimbursed directly or indirectly by a Federal agency or have been submitted to a Federal agency for reimbursement; or
(2) Foreign government funding.
“Nondevelopmental item” is defined in FAR 2.101 and also includes previously developed items of supply that require modifications other than those customarily available in the commercial marketplace if such modifications are consistent with the requirement at 212.7102-1(c)(1).
(b) Notice. This is a procurement action under section 866 of the National Defense Authorization Act for Fiscal Year 2011, Pilot Program for Acquisition of Military-Purpose Nondevelopmental Items, as modified by section 892 of the National Defense Authorization Act for Fiscal Year 2016 (Pub. L. 114-92), and is subject to the limitations outlined in 212.7102.
(End of provision)
(Revised June 26, 2015)
252.213-7000 Notice to Prospective Suppliers on Use of Past Performance Information Retrieval System—Statistical Reporting in Past Performance Evaluations.
As prescribed in 213.106-2-70, use the following provision:
NOTICE TO PROSPECTIVE SUPPLIERS ON USE OF PAST PEFORMANCE INFORMATION RETRIEVAL SYSTEM—STATISTICAL REPORTING IN PAST
PERFORMANCE EVALUATIONS (JUN 2015)
(a) The Past Performance Information Retrieval System-Statistical Reporting (PPIRS-SR) application (http://www.ppirs.gov/) will be used in the evaluation of suppliers’ past performance in accordance with DFARS 213.106-2(b)(i).
(b) PPIRS-SR collects quality and delivery data on previously awarded contracts and orders from existing Department of Defense reporting systems to classify each supplier’s performance history by Federal supply class (FSC) and product or service code (PSC). The PPIRS-SR application provides the contracting officer quantifiable past performance information regarding a supplier's quality and delivery performance for the FSC and PSC of the supplies being purchased.
(c) The quality and delivery classifications identified for a supplier in PPIRS-SR will be used by the contracting officer to evaluate a supplier’s past performance in conjunction with the supplier’s references (if requested) and other provisions of this solicitation under the past performance evaluation factor. The Government reserves the right to award to the supplier whose quotation or offer represents the best value to the Government.
(d) PPIRS-SR classifications are generated monthly for each contractor and can be reviewed by following the access instructions in the PPIRS-SR User’s Manual found at https://www.ppirs.gov/pdf/PPIRS-SR_UserMan.pdf. Contractors are granted access to PPIRS-SR for their own classifications only. Suppliers are encouraged to review their own classifications, the PPIRS-SR reporting procedures and classification methodology detailed in the PPIRS-SR User's Manual, and PPIRS-SR Evaluation Criteria available from the references at
https://www.ppirs.gov/pdf/PPIRS-SR_DataEvaluationCriteria.pdf. The method to challenge a rating generated by PPIRS-SR is provided in the User’s Manual.
(End of provision)
