FAR CLAUSE GUIDANCE

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CLAUSECL_TITLEDATEPRESCRIBEDREFERENCE
52.202-1 Definitions JUL 2004 2.201 for all contracts over the simplified acquisition threshold FRS 187,229&232
Comments:  Defines 'agency head', 'commercial item', etc.
 
52.203-03 Gratuities APR 1984 3.202 for all contracts except those for personal services None
Comments:  None
 
52.203-05 Covenant Against Contingent Fees APR 1984 3.404(c) for all contracts exceeding the simpl.aquisit.threshold None
Comments:  None
 
52.203-06 Restrictions on Subcontractor Sales to the Government SEP 2006 3.503-2 for contracts for supplies or services over the simplified acq.threshold FRS 187, DOD/GSA/NASA (9/95)
Comments:  May not apply to research but could be applicable to purchases.
 
52.203-07 Anti-Kickback Procedures OCT 2010 3.502-3 for all contracts over the simplified acq. threshold None
Comments:  See also FRS 104, DOD/GSA/NASA (9/88). Flowdown excludes subpara. (c)(1) of the clause.
 
52.203-08 Cancellation, Recission, and Recovery of Funds for Illegal or Improper Activity JAN 1997 3.104-9(a) for all contracts over the simplified acq. threshold None
Comments:  If found in violation of Fed. Procurement Policy Act, contractor could pay penalties as well as amt. expended under the contract. See 52.203-10.
 
52.203-10 Price or Fee Adjustment for Illegal or Improper Activity JAN 1997 3.104-9(b) for all solicitations and contracts over the simplified acquisition threshold None
Comments:  Clause related to 52.203-08.
 
52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions SEP 2007 3.808(a) in solicitations for contracts over the simplified acq. Threshold C&G Memo 87-38 (10/20/87), 95-12 (10/20/95)
Comments:  See 52.203-12.
 
52.203-12 Limitation on Payments to Influence Certain Federal Transactions OCT 2010 3.808(b) for contracts over the simplified acq. threshold C&G Memo 90-2 Supp. 2 (7/12/90)
Comments:  Clause related to Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (52.203-11).
 
52.203-13 Contractor Code of Business Ethics and Conduct APR 2010 3.1004(a) in contracts > $5mil.performed w/in U.S. Audits/Compliance
Comments:  Contractor has 90 days to establish program that meets requirements set forth in clause.All disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency IG & CO. UC has Standards Statement.
 
52.203-14 Display of Hotline Poster(s) DEC 2007 3.1004(b) in contracts > $5mil.or agency set level if less & agency has a poster. Audits/Compliance
Comments:  Requires display of poster provided by agency unless Contractor has own hotline poster.UC has poster.Any other required poster must be named on clause.
 
52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 JUN 2010 3.907-7 all solicitations and contracts funded in whole or in part with Recovery Act funds. Audit/Compliance
Comments:  Contractor shall post notice of whistleblower employees rights and remedies.
 
52.203-16 Preventing Personal Conflicts of Interest DEC 2011 3.1106 for contracts which include services involving performance acquition functions closely associated with govt. functions None
Comments:  By definitions in 3.1101, would appear not to apply to research. "Means supporting or providing advise" to govt. agency for its activities.
 
52.204-01 Approval of Contract DEC 1989 4.103 for all contracts if required by agency procedures None
Comments:  None
 
52.204-02
Alternate: [with Alt I (APR 1984) for educational institutions]
Security Requirements APR 1996 4.404(a)and(b) when the contract may require access to classified information C&G Memo 87-38 (10/20/87)
Comments:  Applicable only if contract or subcontract involves access to classified info.If not removed,provide statement that campus doesn't perform classified research on-campus; wld terminate, etc.
 
52.204-03 Taxpayer Identification OCT 1998 4.905 in all solicitations unless the TIN will be obtained from another source. None
Comments:  In (d) fill in TIN from C&G Manual 10-540; in (e) check "Corp.Entity (tax-exempt)"; in (f) check "Offeror is not owned or . . ."
 
52.204-04 Printed or Copied Double-Sided on Recycled Paper MAY 2011 4.303 for contracts that exceed the simplified acquition threshold.  
Comments:  Required to use specified paper content, 2-sided, for submitted documents, reports, letters, etc
 
52.204-05 Women-Owned Business (Other Than Small Business) MAY 1999 4.603(b) for contracts over the simplified acquisition threshold FRS 215, DOD/GSA/NASA (9/95), C&G Memo 95-12 (3/4/99)
Comments:  The University is not a women-owned business
 
52.204-06 Data Universal Numbering System (DUNS) Number ARP 2008 4.603(a) in solicitations that are expected to result in requirement for generation of SF 279Federal Procurement Data System (FPDS) and don't contain 52.204-7. FRS 206, Feb. 1998
Comments:  Provide DUNS number of C&G Office from C&G Manual Chapt. 10
 
52.204-07 Central Contractor Registration APR 2008 4.1104 in solicitations and contracts. None
Comments:  Requires contractor to be resigered in CCR database.
 
52.204-08 Annual Representations and Certifications NOV 2011 4.1202 for solicitations except for commercials items None
Comments:  UC NAICS code is 61131. Allows for annual reps/certs on line at ORCA http://orca.bpn.gov
 
52.204-09 Personal Identity Verification of Contractor Personnel JAN 2011 4.1303 for solicitations/contracts when performance requires contractor to have routine physical access to federally-controlled facility or federal information system. None
Comments:  Requires NACI background checks&agency IDs for contractor personnel with routine subject access. Not used for intermittent access. Not applicable to work on campus.
 
52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards JUL 2010 4.1403(a) for solicitations/contracts > $25k Pending
Comments:  FSRS subcontractor reporting requirements.
 
52.204-11 American Recovery and Reinvestment Act—Reporting Requirements JUL 2010 4.502 for all contracts & solicitations funded in part or whole by ARRA funds. C&G Memo09-03,09-03S1& emails.
Comments:  Sets for quarterly ARRA required reporting requirements.
 
52.209-05 Certification Regarding Responsibility Matters APR 2010 9.409(a) in solicitations for contracts expected to exceed simplied acquisition threshold. C&G Memo 88-19 (11/8/88), FRS 112, DOD/GSA/NASA (5/89), C&G Memo 95-12 (10/20/95), FRS 190 & 228
Comments:  Offeror states whether it is presently debarred, suspended, proposed for debarment, or declared ineligible forthe award of contracts by any Federal agency or has committed crimes or offenses listed.
 
52.209-06 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment DEC 2010 9.409(b) for contracts over $30,000 C&G Memo 88-19 (11/8/88) & FRS 112, DOD/GSA/NASA (5/89)
Comments:  Clause related to Certification Regarding Debarment, Suspension, Proposed Debarment & Other Responsibility Matters (52.209-05). Debarment in procurement area results in debarment for grants too.Subs must state in writing whether debarred etc.
 
52.209-07 Information Regarding Responsibility Matters JAN 2011 9.104-7(b) for solicitations for contracts over $500,000. Audits/Compliance
Comments:  Offerer has entered accurate/complete information for FAPIIS system using CCR.
 
52.209-09 Updates of Publicly Available Information Regarding Responsibility Matters JAN 2011 9.104-7(c) for contracts over $500,000 Audits/Compliance
Comments:  Requires updates on FAPIIS information in a semi-annual basis during the contract.
 
52.211-05 Material Requirements AUG 2000 11.304 for supply contracts that are not commercial items. FRS 187 & 225
Comments:  Not applicable to research unless the contract involves the incidental furnishing of parts--if so, parts should be new, as defined in this clause.
 
52.211-14 Notice of Priority Rating for National Defense, Emergency Preparedness, and Energy Program Use APR 2008 11.604(a) in solicitations when the contract to be awarded will be a rated order.  
Comments:  Requires contractor to follow DPAS regulations if application.
 
52.211-15 Defense Priority and Allocation Requirements SEP 1990 12.304(b) when the contract is a rated order (i.e. supports an authorized national defense program) None
Comments:  Rated orders must be used with suppliers to obtain items needed to fill a rated order. Only a small number of Federal programs are authorized to use rated orders--see 15 CFR 700.
 
52.213-04 Terms and Conditions-Simplified Acquisitions (Other Than Commercial Items) AUG 2011 13.302-5(d) for simplified acquisitions exceeding the micro-purchase threshold for other than commercial items. None
Comments:  Provides a listing of standard FAR clauses, incorporating them by reference.
 
52.214-26 Audit and Records - Sealed Bidding OCT 2010 14.201-7(a)(1) for contracts over $650,000 FRS 186
Comments:  Not applicable to research, not used in cost-reimbursement contracts.
 
52.215-01
Alternate: Alt I or II for award after discussion with offeror
Instructions to Offerors - Competitive Acquisitions JAN 2004 15.209(a) in all competitive solicitations where the government intends to award a contract without discussion. None
Comments:  Alt. I allows for discussion with offeror; Alt II allows submission of proposals which depart from stated requirements.
 
52.215-02
Alternate: [with Alt II for educational institutions]
Audit and Records - Negotiation OCT 2010 15.209(b)(3) for contracts over the simplified acq. threshold FRS 217
Comments:  Alt. II (APR 1998) makes A-133 applicable to the contract. It may not be necessary to provide for University access to subcontractor records because the Government audit agencies are generally willing to audit subcontracts when asked.
 
52.215-05 Facsimile Proposals OCT 1997 15.209(e) in solicitations where facsimile proposals are authorized. None
Comments:  Allows proposer to submit proposal, modifications, or revisions by facsimile as prescribed at 15.203(d).
 
52.215-06 Place of Performance OCT 1997 15.209(f) in solicitations unless place of performance is specified by the government. C&G Memo 95-12 (10/20/95)
Comments:  Requires listing of other addresses where work may be performed.
 
52.215-08 Order of Precedence-Uniform Contract Format OCT 1997 15.209 (h)in solicitations and contracts using the format at 15.204. None
Comments:  Provides the order of precedence for resolving conflict in federal contracts.
 
52.215-10 Price Reduction for Defective Certified Cost or Pricing Data AUG 2011 15.408(b) for negotiated contracts over $700,000 when certified cost or pricing data will be required from the contractor. C&G Memo 89-5 (2/14/89)
Comments:  Certification of cost/price data is not required for DOD contracts. (See DFARS 215.403-1(c)(4)(B)
 
52.215-11 Price Reduction for Defective Cost or Pricing Data - Modifications AUG 2011 15.408(c) for contract modifications when certified cost or pricing data will be required from contractor. See reference for clause 52.215-10.
Comments:  Not used when contract already contains 52.215-10.
 
52.215-12 Subcontractor Cost or Pricing Data OCT 2010 15.408(d) for contracts that contain 52.215-10 None
Comments:  Use when 52.215-10 is included.
 
52.215-13 Subcontractor Cost or Pricing Data - Modifications OCT 2010 15.408(e) for contracts that contain 52.215-11 None
Comments:  Use when 52.215-11 is included.
 
52.215-14
Alternate: [with Alt I if not awarded under full competition]
Integrity of Unit Prices OCT 2010 15.408(f)(1) for most contracts over the simplified acquisition threshold except when supplies are not required None
Comments:  None
 
52.215-15 Pension Adjustments and Asset Reversions OCT 2010 15.408(g) for contracts subject to FAR 31 or where certified cost/price data are required None
Comments:  Imposes certain obligations on contractor if the latter terminates a defined contribution pension plan. Flowdown required if subcontract is cost-reimbursement.
 
52.215-16 Facilities Capital Cost of Money JUN 2003 15.408(h) in solicitations for commercial contracts subject to FAR 31.2 None
Comments:  Not applicable to the University.
 
52.215-17 Waiver of Facilities Capital Cost of Money OCT 1997 15.408(i) when facilities capital cost of money costs are not included in the contractor's proposal None
Comments:  Used instead of 52.215-16.
 
52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits Other Than Pensions (PRB) OCT 1997 15.408(j) for contracts subject to FAR 31 or where certified cost/price data are required None
Comments:  Imposes certain obligations on contractor if the latter terminates or reduces a plan for postretirement benefits other than pensions. Flowdown required if subcontract is cost-reimbursement.
 
52.215-19 Notification of Ownership Changes OCT 1997 15.408(k) for contracts that require cost and pricing data subject to 31.2 None
Comments:  Educational institutions are not subject to 31.2.
 
52.215-20
Alternate: [with Alt IV if cost/pricing data not required]
Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data OCT 2010 15.408(l)) in solicitations if it is reasonably certain that cost/pricing data or information other than cost/pricing data will be required None
Comments:  Describes how to request an exception from requirement to submit cost/pricing data, and what to do if the request is denied
 
52.215-21
Alternate: [with Alt IV if cost/pricing data not required]
Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data--Modifications OCT 2010 15.408(m) in solicitations or contracts if it is reasonably certain that cost/pricing data or information other than cost/pricing data will be required for modifications None
Comments:  Information other than cost/pricing data does not need to be certified
 
52.216-07 Allowable Cost and Payment JUN 2011 16.307(a) for cost-reimbursement (other than facilities) contracts FRS 233
Comments:  Substitute "31.3" for "31.2" in paragraph (a) of the clause [cf. 52.216-15, paragraph (c)].
 
52.216-08 Fixed Fee JUN 2011 16.307(b) for most cost-plus-fixed-fee contracts None
Comments:  Not applicable to the University.
 
52.216-11
Alternate: [with Alt I for educational institutions]
Cost Contract - No Fee APR 1984 16.307(e)(1)and(2) for cost-reimbursement contracts that provide no fee and are not cost-sharing None
Comments:  None
 
52.216-12
Alternate: [with Alt I for educational institutions]
Cost Sharing Contract - No Fee APR 1984 16.307(f)(1)and(2) for cost-sharing contracts None
Comments:  None
 
52.216-15 Predetermined Indirect Cost Rates APR 1998 16.307(g) for cost-reimbursement research and development contracts with educational institutions None
Comments:  None
 
52.217-09 Option to Extend the Term of the Contract MAR 2000 17.208(g) at option of the CO per 17.200 and 17.202 FRS 223
Comments:  17.200 says does not apply to research contracts but is an option.
 
52.219-01 Small Business Program Representations APR 2011 19.308(a)(1) in solicitations exceeding the micro-purchase threshold when the contract will be performed in the United States or its outlying areas. FRS 225, 213,199, 187;227; C&G Memo 95-12 (10/20/95)
Comments:  The University is not a small business, small disadvantaged business, nor women-owned business.
 
52.219-04 Notice of Price Evaluation Preference for HUBZone Small Business Concerns JAN 2011 19.1309(b) for solicitations/contracts w/full/open competition exceeding simplified acquisition threshold. None
Comments:  Adds evaluation preference for use of HUBZone businesses.
 
52.219-08 Utilization of Small Business Concerns JAN 2011 19.708(a) for most contracts over the simplified acquisition threshold FRS 217, 213; 187; 227; C&G Memo 95-12
Comments:  Contractor should award subcontracts, when feasible, to small, small disadvantaged, HUBZone, and women-owned businesses. SBA may review extent of these efforts.
 
52.219-09 Small Business Subcontracting Plan JAN 2011 19.708(b) for contracts over $650,000 that offer subcontracting possibilities C&G Manual 16-F02, FRS 213;187; 227
Comments:  Requires electronic reports via eSRS.See also C&G Memo 90-8 (7/18/90) for information on forms SF-294 and SF-295.
 
52.219-16 Liquidated Damages - Subcontracting Plan JAN 1999 19.708(b)(2) when the contract contains 52.219-09 C&G Memo 90-5 (3/27/90), FRS 213, 187 & 114
Comments:  Carries risk of penalty if contractor willfully fails to meet subcontract plan goals.
 
52.219-25 Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting DEC 2010 19.1204(b) in solicitations and contracts that consider the extent of participation of SDB concerns in performance of the contract None
Comments:  When subcontractor represents itself as SDB must be certified as SDB in CCR. Contractor must report.
 
52.222-01 Notice to the Government of Labor Disputes FEB 1997 22.103-5(a) for contracts designated by agency head to contain this clause None
Comments:  None
 
52.222-02 Payment for Overtime Premiums JUL 1990 22.103-5(b) for most cost-reimbursement contracts over the simplified acq. threshold None
Comments:  The word "zero" to be inserted in blank space indicated by an asterisk; clause is not applicable to operation of vessels.
 
52.222-03 Convict Labor JUN 2003 22.202 for most contracts performed in the U.S. unless the contract is subject to Walsh-Healy Act None
Comments:  None
 
52.222-04 Contract Work Hours and Safety Standards Act - Overtime Compensation SEP 2000 22.305 for contracts over the simplified acq. threshold that involve substantial employment of laborers or mechanics C&G Manual 12-222&330
Comments:  Generally not applicable to research.
 
52.222-20 Walsh-Healy Public Contracts Act OCT 2010 22.610 supply contracts over $15,000 that are not exempt from the Act C&G Manual 12-224&12-350
Comments:  Not applicable to the University and should not be accepted.
 
52.222-21 Prohibition of Segregated Facilities FEB 1999 22.810(a)(1) in solicitations for contracts that will include 52.222-26 C&G Memo 95-12 (10/20/95) & FRS 213.
Comments:  None
 
52.222-22 Previous Contracts and Compliance Reports FEB 1999 22.810(a)(2) in solicitations for contracts that will include 52.222-26 C&G Memo 95-12 (10/20/95) & FRS 213.
Comments:  Both boxes should be checked 'has'
 
52.222-24 Preaward On Site Equal Opportunity Compliance Evaluation FEB 1999 22.810(c) in solicitations for contracts over $10 million that will include 52.222-26 None
Comments:  None
 
52.222-25 Affirmative Action Compliance APR 1984 22.810(d) in solicitations for contracts that will include 52.222-26 C&G Memo 95-12 (10/20/95) & FRS 213.
Comments:  First box should be checked 'has'
 
52.222-26 Equal Opportunity APR 2002 22.810(e) for most contracts C&G Memo 95-12 (10/20/95) & FRS 213.
Comments:  None
 
52.222-35 Equal Opportunity for Veterans SEP 2010 22.1310(a)(1) for most contracts over $100,000 C&G Memo 95-12 (10/20/95)
Comments:  None
 
52.222-36 Affirmative Action for Workers With Disabilities OCT 2010 22.1408(a) for most contracts over $15,000 C&G Memo 95-12&FRS232
Comments:  None
 
52.222-37 Employment Reports on Veterans Employment Reports on Veterans SEP 2010 22.1310(b) for contracts that contain 52.222-35 FRS 206&232
Comments:  Report is submitted annually by OP HR EEO.
 
52.222-38 Compliance with Veterans' Employment Reporting Requirements SEP 2010 22.1310(c) for solicitations exceeding the simplified acquisition threshold and not for commercial items. FRS 232
Comments:  Offeror represents it has submitted VETS-100 report required by 52.222-37. OP HR submits this report.
 
52.222-40 Notification of employee Rights Under the National Labor Relations Act NOV 2011 22.1605 in all solitations/contracts include.commercial items < simplified acquis.threshold None
Comments:  Contractor must post employee notice of NLRB coverage of employees.Not applicable to UC. UC is under HEERA, not NLRB.
 
52.222-41 Service Contract Act of 1965 NOV 2007 22.1006(a) for most service contracts over $2,500 C&G Manual 12-F02 & FRS 112, DOD/GSA/NASA (5/89)
Comments:  Not applicable to research.
 
52.222-42 Statement of Equivalent Rates for Federal Hires MAY 1989 22.1006(b) for contracts over $2,500 and subject to the Service Contract Act See 52.222-41
Comments:  Not applicable to research.
 
52.222-50 Combating Trafficking in Persons FEB 2009 22.1705(a) for all solicitations & contracts RPAC memo 11-02
Comments:  Notify employees as defined of Govt's zero tolerance policy on engaging in severe forms of trafficking.
 
52.222-54 Employment Eligibility Verification JAN 2009 22.1803 in all solicitions&contracts exceeding the simplified acquisition threshold on or after 9/8/09 HR 11/24/08 LETTER TO CAMPUS EVCS
Comments:  Contractor must enroll in E-Verify program & verify all employees assigned to federal contracts.
 
52.223-03
Alternate: [with Alt I for all agencies except DoD]
Hazardous Material Identification and Material Safety Data JAN 1997 23.303 for contracts requiring delivery of hazardous materials FRS 199
Comments:  Applicable only if contract or subcontract involves delivery of hazardous materials.
 
52.223-06 Drug-Free Workplace MAY 2001 23.505 for most contracts over the simplified acquisition threshold FRS 199, C&G Memo 89-8 Supp. 3 (6/29/90)
Comments:  Clause contained in most solicitations and contracts; Certification no longer required.
 
52.223-07 Notice of Radioactive Materials JAN 1997 23.602 for most contracts for supplies which are or contain radioactive material FRS 199
Comments:  Not applicable to research
 
52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving AUG 2011 23.1105 in all solicitations and contracts.  
Comments:  Contractor is encouraged to adopt and enforce policies that ban text messaging while driving. UC Policy stated in BUS-46. Also against Calif. Law
 
52.224-01 Privacy Act Notification APR 1984 24.104(a) in solicitations for contracts requiring systems of records on individuals to accomplish an agency function C&G Memo 87-17 (6/26/87)
Comments:  Provides notice that the contractor is required to maintain a system of records, in which case 52.224-02 is applicable.
 
52.224-02 Privacy Act APR 1984 24.104(b) for contracts requiring systems of records on individuals to accomplish an agency function C&G Memo 87-17 (6/26/87)
Comments:  Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act.
 
52.225-01 Buy American Act - Supplies JUN 2003 25.1101(a)(1) for supply contracts exceeding $2500. C&G Manual 16-F05
Comments:  Applicable to research only if contract involves furnishing of supplies.
 
52.225-02 Buy American Act Certificate JUN 2003 25.1101(a)(2) for solicitations containing the clause 52.225-01 None
Comments:  Not applicable to R/D contracts. Provides for listing of end products that are exceptions to Buy American Act (including NAFTA countries).
 
52.225-05 Trade Agreements AUG 2009 25.1101(c)(1) for contracts over $186,000 subject to the Trade Agreements Act C&G Manual 16-F05
Comments:  Not applicable to R/D contracts. Contractor must deliver domestic end products, Trade Agreement Act and NAFTA country products.
 
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 25.1103(a) in solicitations and contracts. None
Comments:  Contractor cannot acquire supplies or services from banned countries.
 
52.226-01 Utilization of Indian Organizations and Indian-Owned Economic Enterprises JUN 2000 26.104 when the contract contains 52.219-09 None
Comments:  Required in DoD contracts (that contain 52.219-09), optional in other Federal contracts.
 
52.226-02 Historically Black College or University and Minority Institution Representation MAR 2001 26.304 for solicitations exceeding micro-purchase threshold with higher education None
Comments:  Check "is not" for both representations.
 
52.227-01
Alternate: [with Alt I for research and development contracts]
Authorization and Consent DEC 2007 27.201-2(a)(i) for domestic solicitations & contracts over the simplified acq. Threshold None
Comments:  None
 
52.227-02 Notice and Assistance Regarding Patent and Copyright Infringement DEC 2007 27.201-2(b) for solicitations & contracts which include 52.227-1 None
Comments:  None
 
52.227-03 Patent Indemnity DEC 2007 27.201-2(c)(1) in solicitations & contracts for delivery of commercial items. None
Comments:  Not applicable to research per 27.201-1(d). ALT I or II apply per 27.201-2(c)(2)"if the contracts ALSO requires delivery of items that are not commercial."
 
52.227-04 Patent Indemnity - Construction Contracts DEC 2007 27.201-2(d)(1) for construction contracts None
Comments:  Not applicable to research.
 
52.227-05 Waiver of Indemnity APR 1984 27.201-2(e) when it is appropriate to exempt one or more U.S. patents from the patent indemnity clause (52.227-03) None
Comments:  None
 
52.227-06 Royalty Information APR 1984 27.202-5(a)(1) in solicitations for contracts for which royalty information is desired or for which cost data are required None
Comments:  None
 
52.227-07 Patents - Notice of Government Licensee APR 1984 27.202-5(b) if the Government is obligated to pay a royalty on a patent involved in the prospective contract C&G Memo 95-12 (10/20/95)
Comments:  None
 
52.227-09 Refund of Royalties APR 1984 27.202-5(c) for negotiated fixed-price contracts when there may or may not be substantial royalties paid by the contractor None
Comments:  Not used in cost-reimbursement contracts.
 
52.227-10 Filing of Patent Applications - Classified Subject Matter DEC 2007 27.203-2 for contracts that may result in a patent application containing classified subject matter None
Comments:  Applicable only in classified contracts and subcontracts.
 
52.227-11 Patent Rights - Ownership by the Contractor DEC 2007 27.303(b)(1) for all contracts unless an alternative is prescribed. None
Comments:  This is the standard patent clause applicable to the University under federal contracts.
 
52.227-13 Patent Rights - Ownership by the Government DEC 2007 27.303(e) if contractor isn't located in US or agency head makes "exceptional circumstances" determination. OTT Memo 99-05
Comments:  Generally not applicable to the University.
 
52.227-14
Alternate: [with Alt IV for educational institutions]
Rights in Data - General DEC 2007 27.409(b)(1) in most contracts if it is contemplated that data will be produced, furnished or acquired C&G Memos 86-3 (2/3/86) & FRS 88, DOD/GSA/NASA (5/87) & 98-05 (9/16/98)
Comments:  Requires action contractor to designate restricted data to prevent Government obtaining unlimited rights in delivered data.
 
52.227-15 Representation of Limited Rights Data and Restricted Computer Software DEC 2007 27.409(c) for solicitations that include 52.227-14 when CO wants limited rights data& restricted software identified in offer. C&G Memo 95-12 (10/20/95)
Comments:  See comment on 52.227-14
 
52.227-16 Additional Data Requirements JUN 1987 27.409(d) in RandD contracts (other than basic research under $500,000) unless data requirements specified in the contract C&G Memos 86-3 (2/3/86) & FRS 83, DOD/GSA/NASA (12/86) & 98-05 (9/16/98)
Comments:  Not applicable to research unless contract is less than $500,000.
 
52.227-17 Rights in Data - Special Works DEC 2007 27.409(e) primarily in contracts for production of data for the Government's internal use C&G Memo 86-3 (2/3/86)
Comments:  Not applicable to research. Publication restriction. Do not accept.
 
52.227-18 Rights in Data - Existing Works DEC 2007 27.409(f) for contracts exclusively for the acquisition of audiovisual and similar works C&G Memo 86-3 (2/3/86)
Comments:  Not applicable to research.
 
52.227-23 Rights to Proposal Data (Technical) JUN 1987 27.409(l) when the Contracting Officer desires to acquire unlimited rights in proposal data C&G Memos 86-3 (2/3/86) & 98-05 (9/16/98)
Comments:  Requires action on the part of the contractor to prevent Government obtaining unlimited rights in proposal data. PI must identify&exclude data in proposal if don't want Govt. to have unlimited rights.
 
52.228-7 Insurance - Liability to Third Persons MAR 1996 28.311-1 for most non-construction cost-reimbursement contracts None
Comments:  The University does maintain a qualified self-insurance program.
 
52.229-4 Federal, State and Local Taxes (State and Local Adjustments) APR 2003 29.401-3 for certain fixed-price noncompetitive negotiated domestic contracts over the simplified acq. Threshold None
Comments:  Not used in cost-reimbursement contracts; used when the contract price does not include contingencies for state/local taxes.
 
52.229-8 Taxes - Foreign Cost-Reimbursement Contracts MAR 1990 29.402-2(a) for contracts wholly or partly performed in a foreign country Memo dtd 2/8/91 from UCR to RAO
Comments:  None
 
52.230-1 Cost Accounting Standards Notices and Certification OCT 2008 30.201-3 in solicitations for contracts that are subject to the Cost Accounting Standards C&G Memo 95-12 (10/20/95)
Comments:  Check Part I, box 2. Part II - N/A; Part III - "No".
 
52.230-2 Cost Accounting Standards OCT 2010 30.201-4(a) for negotiated contracts unless exempt. None
Comments:  Not applicable and should not be accepted. Use 52.230-5 for educational institutions.
 
52.230-3 Disclosure and Consistency of Cost Accounting Standards OCT 2008 30.201-4(b)(1) for negotiated contracts over $650,000 using modified CAS unless exempt. None
Comments:  Not applicable to UC campuses. Should not be accepted. UC campuses do not use modified CAS coverage.
 
52.230-4 Disclosure and Consistency of Cost Accounting Practices - Foreign Concerns JUN 2010 30.201-4(c) for contracts negotiated with foreign concerns not including foreign govts.unless exempt from CAS. None
Comments:  Not applicable and should not be accepted.
 
52.230-5 Cost Accounting Standards--Educational Institution OCT 2010 30.201-4(e) negotiated contracts with educational institutions. None
Comments:  Applicable to fixed price or cost-type contracts in excess of $650,000 based upon submitted price data.
 
52.230-6 Administration of Cost Accounting Standards JUN 2010 30.201-4(d)(1) for contracts which contain 52.230-02, 03 or 05. None
Comments:  Applies to fixed price or cost-type contracts in excess of $500,000 based upon submitted price data.
 
52.232-01 Payments APR 1984 32.111(a)(1) for fixed-price supply or service contracts None
Comments:  Not applicable to research.
 
52.232-02 Payments Under Fixed-Price Research and Development Contracts APR 1984 32.111(a)(2) for fixed price R&D contracts None
Comments:  Not used in cost-reimbursement contracts.
 
52.232-08 Discounts for Prompt Payment FEB 2002 32.111(c)(1) for fixed-price supply or service contracts None
Comments:  Not applicable to research, not used in cost-reimbursement contracts.
 
52.232-09 Limitation on Withholding of Payments APR 1984 32.111(c)(2) for contracts authorizing temporary withholding None
Comments:  None
 
52.232-11 Extras APR 1984 32.111(d)(2) for fixed-price supply, service, or transportation contracts None
Comments:  Not applicable to research.
 
52.232-12
Alternate: [with Alts II, IV, or V as indicated in Comments]
Advance Payments MAY 2001 32.409-3(e); 32.412(a) when the Government will provide advance payments C&G Memo 91-3 (2/4/91)
Comments:  Alt I used when countersignature waived, Alt IV used when interest not charged, Alt V used when special bank account waived.
 
52.232-17 Interest OCT 2010 32.617(a) for most fee-bearing contracts over the simplified acquisition threshold None
Comments:  Not applicable to the University.
 
52.232-18 Availability of Funds APR 1984 32.705-1(a) for contracts beginning before the funds are available None
Comments:  Makes payment by the Government subject to availability of funds. Work should not commence until funding is assured.
 
52.232-20 Limitation of Costs APR 1984 32.705-2(a) for most fully-funded cost-reimbursement contracts None
Comments:  None
 
52.232-22 Limitation of Funds APR 1984 32.705-2(b) for incrementally-funded cost-reimbursement contracts None
Comments:  None
 
52.232-23 Assignment of Claims JAN 1986 32.806(a)(1)and(2) in most contracts over $1,000 unless 52.232-24 is used None
Comments:  None
 
52.232-24 Prohibition of Assignment of Claims JAN 1986 32.806(b) when the prohibition on the assignment of claims is in the Government's interest None
Comments:  None
 
52.232-25 Prompt Payment OCT 2003 32.908(c) for most contracts FRS 97, DOD/GSA/NASA (2/88)
Comments:  None
 
52.232-33 Payment by Electronic Funds Transfer -- Central Contractor Registration OCT 2003 32.1110(a)(1) in all solicitations/contracts if the payment office uses the CCR database as source of EFT payment. FRS 215 (3/99)
Comments:  All UC campuses are registered on DOD CCR.
 
52.232-34 Payment by Electronic Funds Transfer -- Other than Central Contractor Registration MAY 1999 32.1110(a)(2) in solicitations/contracts where payment office cannot make EFT payments. FRS 215 (3/99) & FRS216 (4&5/99)
Comments:  Clause allows other type of EFT payment when govt. office doesn't use CCR, such as NASA. Replace (c) with EFT mechanism.
 
52.232-35 Designation of Office for Government Receipt of Electronic Funds Transfer Information MAY 1999 32.1110(c) if EFT information is to be submitted to other than payment office. FRS 215 (3/99)
Comments:  Informs contractor where to send the EFT information if CCR isn't used.
 
52.232-38 Submission of Electronic Funds Transfer Information with Offer MAY 1999 32.110(g) if solicitation contains 52.232-34. FRS 215 (3/99)
Comments:  When CCR isn't used, offeror is required to submit EFT information prior to award.
 
52.233-1 Disputes JUL 2002 33.215 for most contracts FRS 187, DOD/GSA/NASA (9/95)
Comments:  Makes contract subject to Contract Disputs Act. Paragraph (g) provides for the use, by mutual consent, of alternative dispute resolution procedures.
 
52.233-2 Service of Protest SEP 2006 33.106(a) in solicitations for contracts over the simplified acquisition threshold FRS 187, DOD/GSA/NASA (9/95)
Comments:  None
 
52.233-3
Alternate: [with Alt I for cost-reimbursement contracts]
Protest After Award AUG 1996 33.106(b) in all contracts FRS 187, DOD/GSA/NASA (9/95)
Comments:  None
 
52.233-4 Applicable Law For Breach Of Contract Claim OCT 2004 33.215(b) for all solicitations and contracts. None
Comments:  "United States law will apply to resolve any claim of breach of this contract."
 
52.237-2 Protection of Government Buildings, Equipment and Vegetation APR 1984 37.110(b) for contracts performed at Government installations None
Comments:  None
 
52.242-01 Notice of Intent to Disallow Costs APR 1984 42.802 for most contracts None
Comments:  None
 
52.242-03 Penalties for Unallowable Costs OCT 1995 42.709-6 in cost-reimbursement contracts over $500,000 FRS 186
Comments:  Contractors may be subject to monetary penalties for including unallowable costs in their indirect cost proposals
 
52.242-04 Certification of Final Indirect Costs JAN 1997 42.703-2(f) for contracts providing for final indirect cost rates FRS 199 and 186
Comments:  Does not apply to the University (which uses predetermined or provisional rates)
 
52.242-13 Bankruptcy JUL 1995 42.903 for all contracts over the simplified acq. threshold None
Comments:  None
 
52.242-15
Alternate: [with Alt I for cost reimbursement R&D contracts]
Stop Work Order AUG 1989 42.1305(b) for contracts for supplies, services, or research and development None
Comments:  Not generally appropriate for University-conducted research;Can be accepted if necessary. Termination clause (52.249-05) should be sufficient to protect the Government's interest.If can't remove, must have Alt I & 52.249-05.
 
52.243-1
Alternate: [with Alt V for research and development contracts]
Changes - Fixed-Price AUG 1987 43.205(a)(6) for most fixed-price contracts None
Comments:  Not used in cost-reimbursement contracts.
 
52.243-2
Alternate: [with Alt V for research and development contracts]
Changes - Cost Reimbursement AUG 1987 43.205(b)(1) for cost-reimbursement contracts if "desired" None
Comments:  Generally not appropriate for basic research.
 
52.243-6 Change Order Accounting APR 1984 43.205(f) for certain contracts of significant technical complexity when numerous changes are anticipated None
Comments:  Requires special change order accounting for changes over $100,000.
 
52.243-7 Notification of Changes APR 1984 43.107 for contracts over $1 million that are for the acquisition of major weapons systems None
Comments:  Not applicable to research.
 
52.244-2
Alternate: [Alt I for civilian agencies except NASA]
Subcontracts OCT 2010 44.204(a)(2) for most cost-reimbursement contracts FRS 208
Comments:  If contractor has an approved purchasing system, consent is not required to subcontract, unless specifically identified by the contracting officer in the subcontracts clause of the contract.
 
52.244-5 Competition in Subcontracting DEC 1996 44.204(e) for most contracts over the simplified acq. threshold FRS 190
Comments:  None
 
52.244-6
Alternate: [w/Alt I when sub is > $5mil.
Subcontracts for Commercial Items DEC 2010 44.403 in contracts for other than those for commercial items. FRS 187& 229
Comments:  Contractor shall flowdown clauses listed in subcontracts for supplies and services for commercial or other than commercial items/components (BUS-43 Sup. 5.1)
 
52.245-01
Alternate: [with Alt II for educational institutions]
Government Property AUG 2010 45.107(a) for all cost-reimbursement, time-and-materials, and labor-hour type solicitations & contracts None
Comments:  None
 
52.246-03 Inspection of Supplies - Cost Reimbursement MAR 2001 46.303 in cost-reimbursement contracts involving the furnishing of supplies None
Comments:  Not applicable to research.
 
52.246-04 Inspection of Services - Fixed-Price AUG 1996 46.304 for fixed-price service contracts over the simplified acquisition threshold None
Comments:  Not used in cost-reimbursement contracts, not applicable to research.
 
52.246-05 Inspection of Services - Cost Reimbursement APR 1984 46.305 for cost-reimbursement service contracts None
Comments:  Not applicable to research. Cannot be accepted as it includes reperformance, an unfunded liablity.
 
52.246-06 Inspection - Time-and-Material and Labor-Hour MAR 2001 46.306 for time-and-material and labor-hour contracts None
Comments:  Not applicable to research.
 
52.246-07 Inspection of Research and Development - Fixed Price AUG 1996 46.307(a) for fixed-price contracts over simplified acq. threshold requiring delivery other than designs/reports None
Comments:  52.246-09 should be used instead.
 
52.246-08
Alternate: [with Alt I in no-fee contracts]
Inspection of Research and Development - Cost-Reimbursement MAR 2001 46.308 for cost-reimbursement research and development contracts requiring delivery of items other than designs/reports None
Comments:  52.246-09 should be used instead. Govt. may require Contractor to redo unacceptable work, and, if Contractor fails to do so, may charge Contractor for any increased cost.
 
52.246-09 Inspection of Research and Development (Short Form) APR 1984 46.309 when 52.246-07 or 52.246-08 are not used None
Comments:  This is the preferred inspection clause.
 
52.246-16 Responsibility for Supplies APR 1984 46.316 for supplies, services and research fixed-price exceeding simplified threshold. None
Comments:  Generally not applicable to research but could be found in a fixed price contract.
 
52.246-23 Limitation of Liability FEB 1997 46.805(a)(1) for contracts over the simplified acq. threshold requiring delivery of supplies/items specified in 46.801 that are not high-value None
Comments:  Not applicable unless contract requires delivery of high-value supplies.Univ. doesn't maintain self-insurance program of kind described.If clause isn't removed, agency should be informed UC doesn't have insurance reserve for purposes stated in clause.
 
52.246-24 Limitation of Liability -- High Value Items FEB 1997 46.805(a)(2) for contracts over the simplified acq. threshold requiring delivery of high-value items/supplies specified in 46.801. None
Comments:  Not applicable unless contract requires delivery of high-value supplies.Univ. doesn't maintain self-insurance program of kind described.If clause isn't removed, agency should be informed UC doesn't have an insurance reserve for purposes stated in clause
 
52.246-25 Limitation of Liability - Services FEB 1997 46.805(a)(4) for service contracts over the simplified acq. threshold None
Comments:  Not applicable to research.
 
52.247-29 F.o.b. Origin FEB 2006 47.303-1(c) when the delivery term is f.o.b. origin None
Comments:  Not applicable to research.
 
52.247-34 F.o.b. Destination NOV 1991 47.303-6(c) when the delivery term is f.o.b. destination None
Comments:  Not applicable to research.
 
52.247-63 Preference for U.S.-Flag Air Carriers JUN 2003 47.405 whenever international air transportation may occur under the contract. FRS 199
Comments:  Applies only if contract or subcontract involves international air travel.
 
52.247-64 Preference For Privately Owned U.S.-Flag Commercial Vessels FEB 2006 47.507(a)-(c) for contracts involving ocean transportation of supplies subject to the Cargo Preference Act of 1954 None
Comments:  None
 
52.247-67 Submission of Commercial Transportation Bills to the General Services Administration for Audit FEB 2006 47.103-2 for cost reimbursement contracts involving direct charges for transportation FRS 178
Comments:  Paperwork burden has not been cleared for use with nonprofits--clause should not be accepted. See Reply Request Letter 2/16/95.
 
52.248-01 Value Engineering OCT 2010 48.201 for certain contracts over the simplified acq. threshold (research and development contracts are exempted) None
Comments:  Not applicable to research.
 
52.249-01 Termination for Convenience of the Government (Fixed Price) (Short Form) APR 1984 49.502(a)(1) for certain fixed-price contracts under the simplified acq. Threshold None
Comments:  52.249-05 should be used instead.
 
52.249-04 Termination for Convenience of the Government (Services) APR 1984 49.502(c) for certain fixed-price service contracts None
Comments:  Not applicable to research, 52.249-05 should be used instead.
 
52.249-05 Termination for Convenience of the Government (Educational and Other Nonprofit Institutions) SEP 1996 49.502(d) for research and development contracts at educational institutions None
Comments:  None
 
52.249-06 Termination (Cost-Reimbursement) SEP 1996 49.503(a)(1)and(3) for cost-reimbursement contracts except those for research conducted by an educational institution None
Comments:  52.249-05 should be used instead.
 
52.249-08 Default (Fixed-Price Supply and Service) APR 1984 49.504(a)(1) for fixed-price supply or service contracts the simplified acq. threshold None
Comments:  Not applicable to research.
 
52.249-09 Default (Fixed-Price Research and Development) APR 1984 49.504(b) for most fixed-price research and development contracts except those performed by an educational institution None
Comments:  Not applicable to the University.
 
52.249-14 Excusable Delays APR 1984 49.505(b) in solicitations/contracts for supplies,services,constructions,research&develop.on a fee basis cost-reimbursement contract. None
Comments:  Not applicable to the University.
 
52.251-01 Government Supply Sources AUG 2010 51.107 when the Contracting Officer may authorize contractor to acquire supplies or services from a Government source None
Comments:  None
 
52.252-02 Clauses Incorporated by Reference FEB 1998 52.107(b) for all contracts in order to incorporate clauses by reference None
Comments:  States that contract incorporates certain clauses by reference and they have the same force as if they were given in full text.
 
52.252-04 Alterations in Contract APR 1984 52.107(d) in order to revise or supplement, as necessary, other parts of the contract None
Comments:  Provides that the contract may be altered and calls for the alterations, if any, to be listed.
 
52.252-06 Authorized Deviations in Clauses APR 1984 52.107(f) for contracts that include any clause with an authorized deviation None
Comments:  Used to identify any clauses in the contract that may deviate from standard FAR clauses.
 
52.253-01 Computer Generated Forms JAN 1991 53.111 for contracts that require contractors to submit data on Standard or Optional Forms prescribed by the FAR None
Comments:  Allows contractor to submit computer-generated facsimiles of forms.