DFARS CLAUSE GUIDANCE

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CLAUSECL_TITLEDATEPRESCRIBEDREFERENCE
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.