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CLAUSE | CL_TITLE | DATE | PRESCRIBED | REFERENCE |
---|---|---|---|---|
252.203-7000 | Requirements Relating to Compensation of Former DOD Officials | SEP 2011 | 203.171-4 in all solicitations and contracts. | None |
Comments: Contractor shall not knowingly pay "covered" (as defined) DOD official w/in 2 yrs of official leaving DOD w/out DOD written opinion. | ||||
252.203-7001 | Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies | DEC 2008 | 203.570-3 for all DoD contracts over the small purchase threshold | FRS 2152, DOD (3/99) |
Comments: Contractor cannot knowingly hire or use as a consultant,supervisor, etc. anyone convicted of fraud or any other felony arising out of a DoD contract. Restriction lasts for five years after conviction. Can get info. on individuals from DoD. | ||||
252.203-7002 | Requirement to Inform Employees of Whistleblower Rights | JAN 2009 | 203.970 in all solicitations and contracts | Pending |
Comments: Contractor shall provide employees with written federal whistleblower rights. | ||||
252.203-7003 | Agency Office of the Inspector General | DEC 2011 | 203.1004(a) in solicitations and contracts that include the FAR 52.203-13, Contractor Code of Business Ethics and Conduct | FAR 52.203-13 |
Comments: Provides contact info for DOD Inspector General. | ||||
252.203-7004 | Display of Fraud Hotline Poster(s) | SEP 2011 | 203.1004(b)(2)(ii) for contracts that $5 mil. | None |
Comments: Display DOD fraud hotline posters in workplace. | ||||
252.203-7005 | Representation Relating to Compensation of Former DoD Officials | NOV 2011 | 203.171-4(b) for all solicitations. | None |
Comments: All covered DoD officials receiving compensation under the contract are in compliance with post-employment restrictions. | ||||
252.204-7000 | Disclosure of Information | DEC 1991 | 204.404-70(a) for DoD contracts involving access to unclassified information that may be sensitive or inappropriate for release to the public | None |
Comments: Clause is unacceptable: would require prior written approval of the Contracting Officer before releasing virtually any information pertaining to the contract.DOD has offered alternative versions. | ||||
252.204-7001 | Commercial and Governmental Entity (CAGE) Code Reporting | AUG 1999 | 204.603-(1) when CCR (252.204-7004) not required or DOD doesn't have contractor CAGE code. | FRS 218 |
Comments: DoD does have CAGE codes for most UC locations. CAGE codes for C/G offices are found in C/G Manual Section 10-550. | ||||
252.204-7003 | Control of Government Personnel Work Product | APR 1992 | 204.404-70(b) for all DoD solicitations and contracts | None |
Comments: Contractor may not require govt personnel who visit or work on-site to relinquish control of their work product, pursuant to contractor procedures for handling confidential information and Patent Acknowledgement. | ||||
252.204-7004 | Alternate A Central Contractor Registration | SEP 2007 | 204.1104 for contracts w/ FAR52.204-7,Central Contractor Registration | FRS 207 |
Comments: Substitutes Alternate A for paragraph (a) of FAR 52.204-7.Requires CAGE code. | ||||
252.204-7007 | Alternate A, Annual Representations and Certifications | NOV 2011 | 204.1202 substitute for para. (c) of FAR 52.204-8 | None |
Comments: Offeror has completed annual reps & certs electronically via ORCA. | ||||
252.204-7008 | Export-Controlled Items | APR 2010 | 204.7304 in all solicitations & contracts | |
Comments: Requires Contractor to comply w/ all applicable laws & regulations regarding export-controlled items. | ||||
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 Pro | JAN 2009 | 204.470-3 in research/development soliciations/contracts involving fissionable/radiological materials; waste or nuclear power production | None |
Comments: Contractor is required to report activities involving fissionable or other radiological source materials or nuclear power production technologies or wast materials | ||||
252.205-7000 | Provision of Information to Cooperative Agreement Holders | DEC 1991 | 205.470-2 for DoD contracts over $1,000,000 | None |
Comments: Contractor is required to provide to cooperative agreement holders, upon request, information on personnel responsible for subcontracts. | ||||
252.209-7004 | Subcontracting with Firms that are Owned or Controlled by the Government of a Terrorist Country | DEC 2006 | 209.409 in solicitations and contracts with a value of $100,000 or more. | None |
Comments: Cannot enter into subks > $30,000 w/ firm or subsidiary firm on Debarment List owned or controlled by govt. of terrorist county. | ||||
252.209-7005 | Reserve Officer Training Corps and Military Recruiting on Campus | JAN 2000 | 209.470-4 for DoD contracts to universities | FRS 189 |
Comments: Campus (or subunit) might be debarred if it prohibits military recruiters from coming on site or obtaining access to student directory. See memo 94-9. | ||||
252.211-7003 | Item Identification and Valuation | JUN 2011 | 211.274-6(a) in all DoD solicitations/contracts that require delivery of one or more items defined in clause | None |
Comments: Requires unique item identifiers & unit acquisition cost of items defined in clause & delivered to D0D | ||||
252.211-7007 | Reporting of Government-Furnished Equipment in the DOD Item Unique Identification (IUID) Registry | NOV 2008 | 211.274-5(b) in solicitations and contracts that contain FAR 52.245-1, Government Property, or 52.245-2, Government Property Installation Operation Services | None |
Comments: Sets forth requirements for how Contractor accountability & management of Government-furnished equipment shall be performed at the item level. | ||||
252.215-7000 | Pricing Adjustments | DEC 1991 | 215.408(1) for DOD contracts that contain FAR clauses 52.215-11, 52.215-12 or 52.215-13 | None |
Comments: This clause merely specifies that 'price adjustments' in FAR clauses having to do with cost or pricing data shall refer to aggregate increases or decreases in reimbursed costs. | ||||
252.215-7002 | Cost Estimating System Requirements | MAY 2011 | 215.408(2) in all solicitations and contracts to be awarded on the basis of cost or pricing data. | None |
Comments: Outlines policies, procedures,and practices for Contractor to estimate costs and other proposal data. | ||||
252.219-7003 | Small Business, Small Disadvantaged and Women-Owned Small Business Subcontracting Plan (DoD Contracts) | OCT 2011 | 219.708(b)(1)(A) for DoD contracts that contain FAR clause 52.219-09 | FRS 97, DOD (2/88), FRS 98, Part II Item E (3/88), FRS 171 |
Comments: See FAR 52.219-09. Allows the University to include subcontracts with historically black colleges and universities and minority institutions as counting toward subcontract goals. | ||||
252.223-7004 | Drug Free Work Force | SEP 1988 | 223.570-4 for DoD contracts involving access to classified information or when the Contracting Officer determines the contract involves classified information | FRS 104, DOD (9/88), C/G Memo 95-12 (12/20/95) |
Comments: Unless contract involves classified information and a DD-254 is issued, campuses are advised not to accept this clause because it requires drug testing for employees in sensitive positions. | ||||
252.225-7001 | Buy American Act and Balance of Payments Program | SEP 2011 | 225.1101(2) for DoD contracts for supplies unless using 252.225-7001; 7021; or 7036. | FRS 207 |
Comments: Not applicable unless contract includes deliverable supplies.Contractor shall deliver only domestic end products unless otherwise certified in offer. | ||||
252.225-7018 | Notice of Prohibition of Certain Contracts with Foreign Entities for the Conduct of Ballistic Missile Defense RDTandE | APR 2003 | 225.7017-4 in competitively negotiated solicitations for RDTandE in BMD programs | FRS 171 |
Comments: Cannot enter into contracts with foreign firm unless unique or performed in US. | ||||
252.225-7043 | Antiterrorism/Force Protection for Defense Contractors Outside the U.S. | JUN 2005 | 225.7403-2 in solicitations/contracts that require performance or travel outside the U.S. | None |
Comments: Sets forth Contractor requirements for registration & training if travel or work is outside U.S. | ||||
252.226-7001 | Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns | OCT 2003 | 226.104 for contracts for services or supplies >$500K for which subcontracts may exist. | FRS 236 |
Comments: Requires Contractor best efforts and provides incentives for participation of such organizations in subcontracts. | ||||
252.227-7013
Alternate: [with Alt I if limit govt.rights] |
Rights in Technical Data--Noncommercial Items | MAR 2011 | 227.7103-6(a) for most DoD contracts requiring delivery of technical data (except when the clause at 252.227-7015 is used) | FRS 184 |
Comments: Guidance in C/G Memo 84-31 is still useful: basically you must mark, and provide a schedule of, any technical data delivered under the contract in which you do not want the government to obtain unlimited rights. | ||||
252.227-7014
Alternate: [with Alt I if limiting govt. rights] |
Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation | MAR 2011 | 227.7203-6(a)(1) for DoD contracts requiring delivery of computer software/documentation | FRS 184 |
Comments: See 252.227-7013 | ||||
252.227-7015 | Technical Data--Commercial Items | DEC 2011 | 227.7102-4(a)(1) for DoD contracts requiring delivery of techical data pertaining to commercial items and the Government will not pay any portion of the development costs | FRS 184 |
Comments: This clause could be required to be flowed down even if not in the prime contract | ||||
252.227-7016 | Rights in Bid or Proposal Information | JAN 2011 | 227.7103-6(e)(1) for DoD contracts containing 252.227-7013 | FRS 184 |
Comments: Prevents the Government from sharing information in proposals with unauthorized persons during proposal evaluation, and from releasing proposal information outside the Government after award | ||||
252.227-7017 | Identification and Assertion of Use, Release, or Disclosure Restrictions | JAN 2011 | 227.7103-3(b) for DoD contracts containing 252.227-7013 | FRS 184 |
Comments: Requires notification in the proposal if it is anticipated that technical data will be delivered under the contract with other than unlimited rights. A schedule of such data must be attached to the proposal. | ||||
252.227-7019 | Validation of Asserted Restrictions--Computer Software | JUN 1995 | 227.7203-6(c) for DoD contracts containing 252.227-7014 | FRS 184 |
Comments: Requires that contractor maintain adquate records to justify claims for restricting software delivered under the contract, and the Government has the right to challenge such claims | ||||
252.227-7020 | Rights in Special Works | JUN 1995 | 227.7106(a) and 227.7205(a) for DoD contracts when the Government needs to control the distribution of data/software first produced in the perfomance of the contract | FRS 184 |
Comments: Acceptance of this clause means that the Government will own works produced for it under the contract;unlimited rights to all deliverables. An indemnity provision in para. (e) makes acceptance of this clause subject to Regental approval. | ||||
252.227-7025 | Limitations on the Use or Disclosure of Government Furnished Information Marked with Restrictive Legends | MAR 2011 | 227.7103-6(c), 252.7203-6(d)and 227.7104(f)(1) for DOD contracts when the Government will provide the contractor data/software that has been marked with another contractor's restrictive legends | FRS 184 |
Comments: Prevents contractor from using restricted data from another contractor for any purpose other than work on the contract. An indemnity provision in para. (c) (indemnification) makes acceptance of this clause subject to Regental approval. | ||||
252.227-7026 | Deferred Delivery of Technical Data or Computer Software | APR 1988 | 227.7103-8(a) when Govt wants to defer delivery of technical data. | None |
Comments: Inform PI that products defined in contract can be identified as "deferred delivery" at any time untl 2 yrs.after Govt. accepts other deliverables. | ||||
252.227-7027 | Deferred Ordering of Technical Data or Computer Software | ARR 1988 | 227.7103-8(b) when Govt. wants to order data generated not identified as a deliverable. | None |
Comments: Inform PI that Govt. can order data generated under contract until 3 yrs. after termination. | ||||
252.227-7030 | Technical Data - Witholding of Payment | OCT 1988 | 227.7103-6(e) for DoD contracts that contain DoD clause 252.227-7013 | None |
Comments: Allows the government to withhold up to 10% of the total contract amount if data required to be submitted are late or deficient. | ||||
252.227-7037 | Validation of Restrictive Markings on Technical Data | SEP 2011 | 227.7103-6(e)(4) for DoD contracts that contain DoD clause 252.227-7013 | FRS 184 |
Comments: Requires that contractor maintain adequate records to justify claims for restricting technical data delivered under the contract, and the Government has the right to challenge such claims | ||||
252.227-7039 | Patents - Reporting of Subject Inventions | APR 1990 | 227.303(1) for contracts containing FAR clause 52.227-11, Patent Rights - Ownership by the Contractor | None |
Comments: Requires interim and final invention reporting (including negative reports) on DD Form 882. | ||||
252.231-7000 | Supplemental Cost Principles | DEC 1991 | 231.100-70 for DoD contracts subject to FAR 31.1, 31.2, 31.6, or 31.7 | FRS 134, DOD (4/91), and FRS 151, DOD (9/92) |
Comments: Implements DFARS 231.3 which provides a deviation from A-21 26% cap on admin. IDC. | ||||
252.232-7000 | Advance Payment Pool | DEC 1991 | 232.412-70(a) for any contract that will be subject to the terms of an advance payment pool agreement with an educational institution | C/G Memo 92-14 (5/26/92) |
Comments: Can't accept. States that advance payments will be made in accordance with the institution's advance payment pool agreement. UC no longer has any. | ||||
252.232-7003 | Electronic Submission of Payment Requests and Receiving Reports | MAR 2008 | 232.7004 for DoD contracts | FRS 240 |
Comments: Sets forth the electronic forms which Contractor must use to submit invoice using Wide Area WorkFlow. | ||||
252.235-7002 | Animal Welfare | DEC 1991 | 235.071(a) for DoD contract involving research on live vertebrate animals | None |
Comments: Requires compliance with USDA animal care and treatment requirements. | ||||
252.235-7004 | Protection of Human Subjects | JUL 2009 | 235.072(e) in solicitations & contracts that include or may include research involving human subjects | None |
Comments: Contractor can't start work or expend funds until DOD has copies of assurance & IRB approval & DOD CO approves these documents. | ||||
252.235-7010 | Acknowledgment of Support and Disclaimer | MAY 1995 | 235.071(c) for DoD research and development contracts | None |
Comments: Requires acknowledgement of government support in publications arising out of the work | ||||
252.235-7011 | Final Scientific or Techincal Report | NOV 2004 | 235.072(d) for DoD research and development contracts | None |
Comments: Provides address for sending two copies of technical reports w/SF-298."Approved" means for DTIC publication and not restricting contractor publication. | ||||
252.242-7004 | Material Management and Accounting System | MAY 2011 | 242.7204 for DoD contracts over the small purchase threshold except those with edu.instit, nonprofits,and small businesses. | FRS 228 |
Comments: Not applicable to educational institutions. | ||||
252.242-7006 | Accounting System Administration | MAY 2011 | 242.7503 for solicitations/contracts for cost-reimbursement; incentive type; time/materials or labor-hour contract | None |
Comments: Sets forth criteria for "acceptable accounting system" & "significant deficiency." | ||||
252.244-7001 | Contractor Purchasing System Administration | MAY 2011 | 244.305-71 in solicitations/contracts containing FAR 52.244-2, Subcontracts | None |
Comments: Sets forth criteria for "acceptable purchasing system" including subcontracting | ||||
252.245-7001 | Tagging, Labeling, and Marking of Government-Furnished Property | FEB 2011 | 245.107(b) in solicitations/contracts containing 52.245-1. | None |
Comments: Sets forth the labeling requiremetns for govt-furnished equipment. | ||||
252.245-7002 | Reporting Loss of Government Property | FEB 2011 | 245.107(c) in solicitations/contracts containing 52.245-1. | None |
Comments: Sets forth the requirements for reporting loss of govt. property. | ||||
252.245-7003 | Contractor Property Management system Administration | MAY 2011 | 245.107 in solicitations/contracts containing FAR 52.245-1, Govt. Property | None |
Comments: Sets forth "acceptable property management system"; Defines "significant deficiency." | ||||
252.245-7004 | Reporting, Reutilization, and Disposal | AUG 2011 | 245.107(e) in solicitations and contracts that contain FAR 52.245-1 | None |
Comments: unless disposition is in contract, requires Contractor to complete SF1428 in PCARSS. May not be applicable to research property, but will be in contracts. | ||||
252.246-7000 | Material Inspection and Receiving Report | MAR 2008 | 246.370 for solicitation and contracts with separate and distinct deliverables | None |
Comments: Furnish Material Inspection and Receiving Report per DFARS Append.F at delivery of services using Wide Area WorkFlow | ||||
252.247-7023 | Transportation of Supplies by Sea | MAY 2002 | 247.573(b) for most DoD contracts | FRS 236 |
Comments: Requires the contractor to use U.S. flag vessels to transport any supplies furnished in the performance of the contract. | ||||
252.249-7002 | Notification of Proposed Contract Termination or Reduction | OCT 2010 | 249.7003(c) for all DoD contracts of $650,000 or more | FRS 171 |
Comments: Warns contractor that if Congress cuts DoD funding then contract might be cut back, contractor must then notify employees and subcontractors (where subK > $550,000) | ||||
252.251-7000 | Ordering from Government Supply Sources | NOV 2004 | 251.107 for DoD contracts that contain FAR clause 52.251-01 | None |
Comments: Outlines procedures for placing orders for government-owned supplies. | ||||