PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

52.213-4 Terms and Conditions--Simplified Acquisitions (Other Than Commercial Items).

Sec.
52.214-1	Solicitation Definitions--Sealed Bidding.
52.214-2	[Reserved]
52.214-3	Amendments to Invitations for Bids.
52.214-4	False Statements in Bids.
52.214-5	Submission of Bids.
52.214-6	Explanation to Prospective Bidders.
52.214-7	Late Submissions, Modifications, and Withdrawals of Bids.
52.214-8	[Reserved]
52.214-9	Failure to Submit Bid.
52.214-10	Contract Award--Sealed Bidding.
52.214-11	[Reserved]
52.214-12	Preparation of Bids.
52.214-13	Telegraphic Bids.
52.214-14	Place of Performance--Sealed Bidding.
52.214-15	Period for Acceptance of Bids.
52.214-16	Minimum Bid Acceptance Period.
52.214-17	Affiliated Bidders.
52.214-18	Preparation of Bids--Construction.
52.214-19	Contract Award--Sealed Bidding--Construction.
52.214-20	Bid Samples.
52.214-21	Descriptive Literature.
52.214-22	Evaluation of Bids for Multiple Awards.
52.214-23	Late Submissions, Modifications, and Withdrawals of Technical Proposals under Two-Step Sealed Bidding.
52.214-24	Multiple Technical Proposals.
52.214-25	Step Two of Two-Step Sealed Bidding.
52.214-26	Audit and Records--Sealed Bidding.
52.214-27	Price Reduction for Defective Cost or Pricing Data--Modifications--Sealed Bidding.
52.214-28	Subcontractor Cost or Pricing Data--Modifications--Sealed Bidding.
52.214-29	Order of Precedence--Sealed Bidding.
52.214-30	Annual Representations and Certifications--Sealed Bidding.
52.214-31	Facsimile Bids.
52.214-32	Late Submissions, Modifications, and Withdrawals of Bids (Overseas).
52.214-33	Late Submissions, Modifications, and Withdrawals of Technical Proposals under Two-Step Sealed Bidding (Overseas).
52.214-34	Submission of Offers in the English Language.
52.214-35	Submission of Offers in U.S. Currency.
52.215-1	Instructions to Offerors--Competitive Acquisition.
52.215-2	Audit and Records--Negotiation.
52.215-3	Request for Information or Solicitation for Planning Purposes.
52.215-4	[Reserved]
52.215-5	Facsimile Proposals.
52.215-6	Place of Performance.
52.215-7	Annual Representations and Certifications--Negotiation.
52.215-8	Order of Precedence--Uniform Contract Format.
52.215-9	Changes or Additions to Make-or-Buy Program.
52.215-10	Price Reduction for Defective Cost or Pricing Data.
52.215-11	Price Reduction for Defective Cost or Pricing Data--Modifications.
52.215-12	Subcontractor Cost or Pricing Data.
52.215-13	Subcontractor Cost or Pricing Data--Modifications.
52.215-14	Integrity of Unit Prices.
52.215-15	Pension Adjustments and Asset Reversions.
52.215-16	Facilities Capital Cost of Money.
52.215-17	Waiver of Facilities Capital Cost of Money.
52.215-18	Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions.
52.215-19	Notification of Ownership Changes.
52.215-20	Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data.
52.215-21	Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data--Modifications.
52.216-1	Type of Contract.
52.216-2	Economic Price Adjustment--Standard Supplies.
52.216-3	Economic Price Adjustment--Semistandard Supplies.
52.216-4	Economic Price Adjustment--Labor and Material.
52.216-5	Price Redetermination--Prospective.
52.216-6	Price Redetermination--Retroactive.
52.216-7	Allowable Cost and Payment.
52.216-8	Fixed Fee.
52.216-9	Fixed Fee--Construction.
52.216-10	Incentive Fee.
52.216-11	Cost Contract--No Fee.
52.216-12	Cost-Sharing Contract--No Fee.
52.216-13	Allowable Cost and Payment--Facilities.
52.216-14	Allowable Cost and Payment--Facilities Use.
52.216-15	Predetermined Indirect Cost Rates.
52.216-16	Incentive Price Revision--Firm Target.
52.216-17	Incentive Price Revision--Successive Targets.
52.216-18	Ordering.
52.216-19	Order Limitations.
52.216-20	Definite Quantity.
52.216-21	Requirements.
52.216-22	Indefinite Quantity.
52.216-23	Execution and Commencement of Work.
52.216-24	Limitation of Government Liability.
52.216-25	Contract Definitization.
52.216-26	Payments of Allowable Costs Before Definitization.
52.216-27	Single or Multiple Awards.
52.216-28	Multiple Awards for Advisory and Assistance Services.
52.217-1	[Reserved]
52.217-2	Cancellation Under Multi-year Contracts.
52.217-3	Evaluation Exclusive of Options.
52.217-4	Evaluation of Options Exercised at Time of Contract Award.
52.217-5	Evaluation of Options.
52.217-6	Option for Increased Quantity.
52.217-7	Option for Increased Quantity--Separately Priced Line Item.
52.217-8	Option to Extend Services.
52.217-9	Option to Extend the Term of the Contract.
52.218	[Reserved]
52.219-1	Small Business Program Representations.
52.219-2	Equal Low Bids.
52.219-3	Notice of Total HUBZone Set-Aside.
52.219-4	Notice of Price Evaluation Preference for HUBZone Small Business Concerns.
52.219-5	[Reserved]
52.219-6	Notice of Total Small Business Set-Aside.
52.219-7	Notice of Partial Small Business Set-Aside.
52.219-8	Utilization of of Small Business Concerns.
52.219-9	Small Business Subcontracting Plan.
52.219-10	Incentive Subcontracting Program.
52.219-11	Special 8(a) Contract Conditions.
52.219-12	Special 8(a) Subcontract Conditions.
52.219-13	[Reserved]
52.219-14	Limitations on Subcontracting.
52.219-15	[Reserved]
52.219-16	Liquidated Damages--Subcontracting Plan.
52.219-17	Section 8(a) Award.
52.219-18	Notification of Competition Limited to Eligible 8(a) Concerns.
52.219-19	Small Business Concern Representation for the Small Business Competitiveness Demonstration Program.
52.219-20	Notice of Emerging Small Business Set-Aside.
52.219-21	Small Business Size Representation for Targeted Industry Categories under the Small Business Competitiveness Demonstration Program.
52.219-22	Small Disadvantaged Business Status.
52.219-23	Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.
52.219-24	Small Disadvantaged Business Participation Program--Targets.
52.219-25	Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting.
52.219-26	Small Disadvantaged Business Participation Program--Incentive Subcontracting.
52.220-- 52.221 [Reserved]
52.222-1	Notice to the Government of Labor Disputes.
52.222-2	Payment for Overtime Premiums.
52.222-3	Convict Labor.
52.222-4	Contract Work Hours and Safety Standards Act--Overtime Compensation.
52.222-5	[Reserved]
52.222-6	Davis-Bacon Act.
52.222-7	Withholding of Funds.
52.222-8	Payrolls and Basic Records.
52.222-9	Apprentices and Trainees.
52.222-10	Compliance with Copeland Act Requirements.
52.222-11	Subcontracts (Labor Standards).
52.222-12	Contract Termination--Debarment.
52.222-13	Compliance with Davis-Bacon and Related Act Regulations.
52.222-14	Disputes Concerning Labor Standards.
52.222-15	Certification of Eligibility.
52.222-16	Approval of Wage Rates.
52.222-17	Labor Standards for Construction Work--Facilities Contracts.
52.222-18--52.222-19 [Reserved]
52.222-20	Walsh-Healey Public Contracts Act.
52.222-21	Prohibition of Segregated Facilities.
52.222-22	Previous Contracts and Compliance Reports.
52.222-23	Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction.
52.222-24	Preaward On-Site Equal Opportunity Compliance Evaluation.
52.222-25	Affirmative Action Compliance.
52.222-26	Equal Opportunity.
52.222-27	Affirmative Action Compliance Requirements for Construction.

52.222-28 [Reserved]

Sec.
52.222-29	Notification of Visa Denial.
52.222-30--52.222-34 [Reserved]
52.222-35	Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era.
52.222-36	Affirmative Action for Workers with Disabilities.
52.222-37	Employment Reports on Disabled Veterans and Veterans of the Vietnam Era.
52.222-38--52.222-40 [Reserved]
52.222-41	Service Contract Act of 1965, as Amended.
52.222-42	Statement of Equivalent Rates for Federal Hires.
52.222-43	Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts).
52.222-44	Fair Labor Standards Act and Service Contract Act--Price Adjustment.
52.222-45	[Reserved]
52.222-46	Evaluation of Compensation for Professional Employees.
52.222-47	SCA Minimum Wages and Fringe Benefits Applicable to Successor Contract Pursuant to Predecessor Contractor Collective Bargaining Agreements (CBA).
52.222-48	Exemption from Application of Service Contract Act Provisions for Contracts for Maintenance, Calibration, and/or Repair of Certain Information Technology, Scientific and Medical and/or Office and Business Equipment--Contractor Certification.
52.222-49	Service Contract Act--Place of Performance Unknown.
52.222-50	Nondisplacement of Qualified Workers.
52.223-1	Clean Air and Water Certification.
52.223-2	Clean Air and Water.
52.223-3	Hazardous Material Identification and Material Safety Data.
52.223-4	Recovered Material Certification.
52.223-5	Pollution Prevention and Right-to-Know Information.
52.223-6	Drug-Free Workplace.
52.223-7	Notice of Radioactive Materials.
52.223-8	[Reserved]
52.223-9	Certification and Estimate of Percentage of Recovered Material Content for EPA Designated Items.
52.223-10	Waste Reduction Program.
52.223-11	Ozone-Depleting Substances.
52.223-12	Refrigeration Equipment and Air Conditioners.
52.223-13	Certification of Toxic Chemical Release Reporting.
52.223-14	Toxic Chemical Release Reporting.
52.224-1	Privacy Act Notification.
52.224-2	Privacy Act.
52.225-1	Buy American Certificate.
52.225-2	Waiver of Buy American Act for Civil Aircraft and Related Articles.
52.225-3	Buy American Act--Supplies.
52.225-4	Evaluation of Foreign Currency Offers.
52.225-5	Buy American Act--Construction Materials.
52.225-6	Balance of Payments Program Certificate.
52.225-7	Balance of Payments Program.
52.225-8	Buy American Act--Trade Agreements--Balance of Payments Program Certificate.
52.225-9	Buy American Act--Trade Agreements--Balance of Payments Program.
52.225-10	Duty-Free Entry.
52.225-11	Restrictions on Certain Foreign Purchases.
52.225-12	Notice of Buy American Act Requirement--Construction Materials.
52.225-13	Notice of Buy American Act Requirement--Construction Materials under Trade Agreements Act and North American Free Trade Agreement.
52.225-14	Inconsistency Between English Version and Translation of Contract.
52.225-15	Buy American Act--Construction Materials under Trade Agreements Act and North American Free Trade Agreement.
52.225-16--52.225-17 [Reserved]
52.225-18	European Union Sanction for End Products.
52.225-19	European Union Sanction for Services.
52.225-20	Buy American Act--North American Free Trade Agreement Implementation Act--Balance of Payments Program Certificate.
52.225-21	Buy American Act--North American Free Trade Agreement Implementation Act--Balance of Payments Program.
52.225-22	Balance of Payments Program--Construction Materials--NAFTA.
52.226-1	Utilization of Indian Organizations and Indian-Owned Economic Enterprises.
52.226-2	Historically Black College or University and Minority Institution Representation.
52.227-1	Authorization and Consent.
52.227-2	Notice and Assistance Regarding Patent and Copyright Infringement.
52.227-3	Patent Indemnity.
52.227-4	Patent Indemnity--Construction Contracts.
52.227-5	Waiver of Indemnity.
52.227-6	Royalty Information.
52.227-7	Patents--Notice of Government Licensee.
52.227-8	[Reserved]
52.227-9	Refund of Royalties.
52.227-10	Filing of Patent Applications--Classified Subject Matter.
52.227-11	Patent Rights--Retention by the Contractor (Short Form).
52.227-12	Patent Rights--Retention by the Contractor (Long Form).
52.227-13	Patent Rights--Acquisition by the Government.
52.227-14	Rights in Data--General.
52.227-15	Representation of Limited Rights Data and Restricted Computer Software.
52.227-16	Additional Data Requirements.
52.227-17	Rights in Data--Special Works.
52.227-18	Rights in Data--Existing Works.
52.227-19	Commercial Computer Software--Restricted Rights.
52.227-20	Rights in Data--SBIR Program.
52.227-21	Technical Data Declaration, Revision, and Withholding of Payment--Major Systems.
52.227-22	Major System--Minimum Rights.
52.227-23	Rights to Proposal Data (Technical).
52.228-1	Bid Guarantee.
52.228-2	Additional Bond Security.
52.228-3	Workers' Compensation Insurance (Defense Base Act).
52.228-4	Workers' Compensation and War-Hazard Insurance Overseas.
52.228-5	Insurance--Work on a Government Installation.
52.228-6	[Reserved]
52.228-7	Insurance--Liability to Third Persons.
52.228-8	Liability and Insurance--Leased Motor Vehicles.
52.228-9	Cargo Insurance.
52.228-10	Vehicular and General Public Liability Insurance.
52.228-11	Pledges of Assets.
52.228-12	Prospective Subcontractor Requests for Bonds.
52.228-13	Alternative Payment Protections.
52.228-14	Irrevocable Letter of Credit.
52.228-15	Performance and Payment Bonds--Construction.
52.228-16	Performance and Payment Bonds--Other Than Construction.
52.229-1	State and Local Taxes.
52.229-2	North Carolina State and Local Sales and Use Tax.
52.229-3	Federal, State, and Local Taxes.
52.229-4	Federal, State, and Local Taxes (Noncompetitive Contract).
52.229-5	Taxes--Contracts Performed in U.S. Possessions or Puerto Rico.
52.229-6	Taxes--Foreign Fixed-Price Contracts.
52.229-7	Taxes--Fixed-Price Contracts with Foreign Governments.
52.229-8	Taxes--Foreign Cost-Reimbursement Contracts.
52.229-9	Taxes--Cost-Reimbursement Contracts with Foreign Governments.
52.229-10	State of New Mexico Gross Receipts and Compensating Tax.
52.230-1	Cost Accounting Standards Notices and Certification.
52.230-2	Cost Accounting Standards.
52.230-3	Disclosure and Consistency of Cost Accounting Practices.
52.230-4	Consistency in Cost Accounting Practices.
52.230-5	Cost Accounting Standards--Educational Institution.
52.230-6	Administration of Cost Accounting Standards.
52.231	[Reserved]
52.232-1	Payments.
52.232-2	Payments under Fixed-Price Research and Development Contracts.
52.232-3	Payments under Personal Services Contracts.
52.232-4	Payments under Transportation Contracts and Transportation-Related Services Contracts.
52.232-5	Payments under Fixed-Price Construction Contracts.
52.232-6	Payment under Communication Service Contracts with Common Carriers.
52.232-7	Payments under Time-and-Materials and Labor-Hour Contracts.
52.232-8	Discounts for Prompt Payment.
52.232-9	Limitation on Withholding of Payments.
52.232-10	Payments under Fixed-Price Architect-Engineer Contracts.
52.232-11	Extras.
52.232-12	Advance Payments.
52.232-13	Notice of Progress Payments.
52.232-14	Notice of Availability of Progress Payments Exclusively for Small Business Concerns.
52.232-15	Progress Payments Not Included.
52.232-16	Progress Payments.
52.232-17	Interest.
52.232-18	Availability of Funds.
52.232-19	Availability of Funds for the Next Fiscal Year.
52.232-20	Limitation of Cost.
52.232-21	Limitation of Cost (Facilities).
52.232-22	Limitation of Funds.
52.232-23	Assignment of Claims.
52.232-24	Prohibition of Assignment of Claims.
52.232-25	Prompt Payment.
52.232-26	Prompt Payment for Fixed-Price Architect-Engineer Contracts.
52.232-27	Prompt Payment for Construction Contracts.
52.232-28	[Reserved]
52.232-29	Terms for Financing of Purchases of Commercial Items.
52.232-30	Installment Payments for Commercial Items.
52.232-31	Invitation to Propose Financing Terms.
52.232-32	Performance-Based Payments.
52.232-33	Mandatory Information for Electronic Funds Transfer Payment.
52.232-34	Optional Information for Electronic Funds Transfer Payment.
52.233-1	Disputes.
52.233-2	Service of Protest.
52.233-3	Protest after Award.
52.234-1	Industrial Resources Developed Under Defense Production Act Title III.
52.235	[Reserved]
52.236-1	Performance of Work by the Contractor.
52.236-2	Differing Site Conditions.
52.236-3	Site Investigation and Conditions Affecting the Work.
52.236-4	Physical Data.
52.236-5	Material and Workmanship.
52.236-6	Superintendence by the Contractor.
52.236-7	Permits and Responsibilities.
52.236-8	Other Contracts.
52.236-9	Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements.
52.236-10	Operations and Storage Areas.
52.236-11	Use and Possession Prior to Completion.
52.236-12	Cleaning Up.
52.236-13	Accident Prevention.
52.236-14	Availability and Use of Utility Services.
52.236-15	Schedules for Construction Contracts.
52.236-16	Quantity Surveys.
52.236-17	Layout of Work.
52.236-18	Work Oversight in Cost-Reimbursement Construction Contracts.
52.236-19	Organization and Direction of the Work.
52.236-20	[Reserved]
52.236-21	Specifications and Drawings for Construction.
52.236-22	Design Within Funding Limitations.
52.236-23	Responsibility of the Architect-Engineer Contractor.
52.236-24	Work Oversight in Architect-Engineer Contracts.
52.236-25	Requirements for Registration of Designers.
52.236-26	Preconstruction Conference.
52.236-27	Site Visit (Construction).

52.236-28 Preparation of Proposals--Construction.

Sec.
52.237-1		Site Visit.
52.237-2		Protection of Government Buildings, Equipment, and Vegetation.
52.237-3		Continuity of Services.
52.237-4		Payment by Government to Contractor.
52.237-5		Payment by Contractor to Government.
52.237-6		Incremental Payment by Contractor to Government.
52.237-7		Indemnification and Medical Liability Insurance.
52.237-8		Restriction on Severance Payments to Foreign Nationals.
52.237-9		Waiver of Limitation on Severance Payments to Foreign Nationals.
52.237-10		Identification of Uncompensated Overtime.
52.238		[Reserved]
52.239-1		Privacy or Security Safeguards.
52.240		[Reserved]
52.241		Utility Services Provisions and Clauses.
52.241-1		Electric Service Territory Compliance Representation.
52.241-2		Order of Precedence--Utilities.
52.241-3		Scope and Duration of Contract.
52.241-4		Change in Class of Service.
52.241-5		Contractor's Facilities.
52.241-6		Service Provisions.
52.241-7		Change in Rates or Terms and Conditions of Service for Regulated Services.
52.241-8		Change in Rates or Terms and Conditions of Service for Unregulated Services.
52.241-9		Connection Charge.
52.241-10		Termination Liability.
52.241-11		Multiple Service Locations.
52.241-12		Nonrefundable, Nonrecurring Service Charge.
52.241-13		Capital Credits.
52.242-1		Notice of Intent to Disallow Costs.
52.242-2		Production Progress Reports.
52.242-3		Penalties for Unallowable Costs.
52.242-4		Certification of Final Indirect Costs.
52.242-5--52.242-9 [Reserved]
52.242-10		F.o.b. Origin--Government Bills of Lading or Prepaid Postage.
52.242-11		F.o.b. Origin--Government Bills of Lading or Indicia Mail.
52.242-12		Report of Shipment (REPSHIP).
52.242-13		Bankruptcy.
52.242-14		Suspension of Work.
52.242-15		Stop-Work Order.
52.242-16		Stop-Work Order--Facilities.
52.242-17		Government Delay of Work.
52.243-1		Changes--Fixed-Price.
52.243-2		Changes--Cost-Reimbursement.
52.243-3		Changes--Time-and-Materials or Labor-Hours.
52.243-4		Changes.
52.243-5		Changes and Changed Conditions.
52.243-6		Change Order Accounting.
52.243-7		Notification of Changes.
52.244-1		[Reserved]
52.244-2		Subcontracts.
52.244-3		[Reserved]
52.244-4		Subcontractors and Outside Associates and Consultants (Architect-Engineer Services).
52.244-5		Competition in Subcontracting.
52.244-6		Subcontracts for Commercial Items and Commercial Components.
52.245-1		Property Records.
52.245-2		Government Property (Fixed-Price Contracts).
52.245-3		Identification of Government-Furnished Property.
52.245-4		Government-Furnished Property (Short Form).
52.245-5		Government Property (Cost-Reimbursement, Time-and-Material, or Labor-Hour Contracts).
52.245-6		Liability for Government Property (Demolition Services Contracts).
52.245-7		Government Property (Consolidated Facilities).
52.245-8		Liability for the Facilities.
52.245-9		Use and Charges.
52.245-10		Government Property (Facilities Acquisition).
52.245-11		Government Property (Facilities Use).
52.245-12		Contract Purpose (Nonprofit Educational Institutions).
52.245-13		Accountable Facilities (Nonprofit Educational Institutions).
52.245-14		Use of Government Facilities.
52.245-15		Transfer of Title to the Facilities.
52.245-16		Facilities Equipment Modernization.
52.245-17		Special Tooling.
52.245-18		Special Test Equipment.
52.245-19		Government Property Furnished "As Is."
52.246-1		Contractor Inspection Requirements.
52.246-2		Inspection of Supplies--Fixed-Price.
52.246-3		Inspection of Supplies--Cost-Reimbursement.
52.246-4		Inspection of Services--Fixed-Price.
52.246-5		Inspection of Services--Cost-Reimbursement.
52.246-6		Inspection--Time-and-Material and Labor-Hour.
52.246-7		Inspection of Research and Development-- Fixed Price.
52.246-8		Inspection of Research and Development-- Cost Reimbursement.
52.246-9		Inspection of Research and Development (Short Form).
52.246-10		Inspection of Facilities.
52.246-11		Higher-Level Contract Quality Requirement.
52.246-12		Inspection of Construction.
52.246-13		Inspection--Dismantling, Demolition, or Removal of Improvements.
52.246-14		Inspection of Transportation.
52.246-15		Certificate of Conformance.
52.246-16		Responsibility for Supplies.
52.246-17		Warranty of Supplies of a Noncomplex Nature.
52.246-18		Warranty of Supplies of a Complex Nature.
52.246-19		Warranty of Systems and Equipment under Performance Specifications or Design Criteria.
52.246-20		Warranty of Services.
52.246-21		Warranty of Construction.
52.246-22		[Reserved]
52.246-23		Limitation of Liability.
52.246-24		Limitation of Liability--High-Value Items.
52.246-25		Limitation of Liability--Services.
52.247-1		Commercial Bill of Lading Notations.
52.247-2		Permits, Authorities, or Franchises.
52.247-3		Capability to Perform a Contract for the Relocation of a Federal Office.
52.247-4		Inspection of Shipping and Receiving Facilities.
52.247-5		Familiarization with Conditions.
52.247-6		Financial Statement.
52.247-7		Freight Excluded.
52.247-8		Estimated Weights or Quantities Not Guaranteed.
52.247-9		Agreed Weight--General Freight.
52.247-10		Net Weight--General Freight.
52.247-11		Net Weight--Household Goods or Office Furniture.
52.247-12		Supervision, Labor, or Materials.
52.247-13		Accessorial Services--Moving Contracts.
52.247-14		Contractor Responsibility for Receipt of Shipment.
52.247-15		Contractor Responsibility for Loading and Unloading.
52.247-16		Contractor Responsibility for Returning Undelivered Freight.
52.247-17		Charges.
52.247-18		Multiple Shipments.
52.247-19		Stopping in Transit for Partial Unloading.
52.247-20		Estimated Quantities or Weights for Evaluation of Offers.
52.247-21		Contractor Liability for Personal Injury and/or Property Damage.
52.247-22		Contractor Liability for Loss of and/or Damage to Freight other than Household Goods.
52.247-23		Contractor Liability for Loss of and/or Damage to Household Goods.
52.247-24		Advance Notification by the Government.
52.247-25		Government-Furnished Equipment With or Without Operators.
52.247-26		Government Direction and Marking.
52.247-27		Contract Not Affected by Oral Agreement.
52.247-28		Contractor's Invoices.
52.247-29		F.o.b. Origin.
52.247-30		F.o.b. Origin, Contractor's Facility.
52.247-31		F.o.b. Origin, Freight Allowed.
52.247-32		F.o.b. Origin, Freight Prepaid.
52.247-33		F.o.b. Origin, with Differentials.
52.247-34		F.o.b. Destination.
52.247-35		F.o.b. Destination, within Consignee's Premises.
52.247-36		F.a.s. Vessel, Port of Shipment.
52.247-37		F.o.b. Vessel, Port of Shipment.
52.247-38		F.o.b. Inland Carrier, Point of Exportation.
52.247-39		F.o.b. Inland Point, Country of Importation.
52.247-40		Ex Dock, Pier, or Warehouse, Port of Importation.
52.247-41		C. & f. Destination.
52.247-42		C.i.f. Destination.
52.247-43		F.o.b. Designated Air Carrier's Terminal, Point of Exportation.
52.247-44		F.o.b. Designated Air Carrier's Terminal, Point of Importation.
52.247-45		F.o.b. Origin and/or F.o.b. Destination Evaluation.
52.247-46		Shipping Point(s) Used in Evaluation of F.o.b. Origin Offers.
52.247-47		Evaluation--F.o.b. Origin.
52.247-48		F.o.b. Destination--Evidence of Shipment.
52.247-49		Destination Unknown.
52.247-50		No Evaluation of Transportation Costs.
52.247-51		Evaluation of Export Offers.
52.247-52		Clearance and Documentation Requirements--Shipments to DOD Air or Water Terminal Transshipment Points.
52.247-53		Freight Classification Description.
52.247-54		[Reserved]
52.247-55		F.o.b. Point for Delivery of Government-Furnished Property.
52.247-56		Transit Arrangements.
52.247-57		Transportation Transit Privilege Credits.
52.247-58		Loading, Blocking, and Bracing of Freight Car Shipments.
52.247-59		F.o.b. Origin--Carload and Truckload Shipments.
52.247-60		Guaranteed Shipping Characteristics.
52.247-61		F.o.b. Origin--Minimum Size of Shipments.
52.247-62		Specific Quantities Unknown.
52.247-63		Preference for U.S.-Flag Air Carriers.
52.247-64		Preference for Privately Owned U.S.-Flag Commercial Vessels.
52.247-65		F.o.b. Origin, Prepaid Freight--Small Package Shipments.
52.247-66		Returnable Cylinders.
52.247-67		Submission of Commercial Transportation Bills to the General Services Administration for Audit.
52.248-1		Value Engineering.
52.248-2		Value Engineering--Architect-Engineer.
52.248-3		Value Engineering--Construction.
52.249-1		Termination for Convenience of the Government (Fixed-Price) (Short Form).
52.249-2		Termination for Convenience of the Government (Fixed-Price).
52.249-3		Termination for Convenience of the Government (Dismantling, Demolition, or Removal of Improvements).
52.249-4		Termination for Convenience of the Government (Services) (Short Form).
52.249-5		Termination for Convenience of the Government (Educational and Other Nonprofit Institutions).
52.249-6		Termination (Cost-Reimbursement).
52.249-7		Termination (Fixed-Price Architect-Engineer).
52.249-8		Default (Fixed-Price Supply and Service).
52.249-9		Default (Fixed-Price Research and Development).
52.249-10		Default (Fixed-Price Construction).
52.249-11		Termination of Work (Consolidated Facilities or Facilities Acquisition).
52.249-12		Termination (Personal Services).
52.249-13		Failure to Perform.
52.249-14		Excusable Delays.
52.250-1		Indemnification Under Public Law 85-804.
52.251-1		Government Supply Sources.
52.251-2		Interagency Fleet Management System Vehicles and Related Services.
52.252-1		Solicitation Provisions Incorporated by Reference.
52.252-2		Clauses Incorporated by Reference.
52.252-3		Alterations in Solicitation.
52.252-4		Alterations in Contract.
52.252-5		Authorized Deviations in Provisions.
52.252-6		Authorized Deviations in Clauses.
52.253-1		Computer Generated Forms.
	Subpart 52.3--Provision and Clause Matrix
52.300		Scope of subpart.
52.301		Solicitation provisions and contract clauses (Matrix).

52.000 Scope of part.

This part--

(a) Gives instructions for using provisions and clauses in solicitations and/or contracts;

(b) Sets forth the solicitation provisions and contract clauses prescribed by this regulation; and

(c) Presents a matrix listing the FAR provisions and clauses applicable to each principal contract type and/or purpose (e.g., fixed-price supply, cost-reimbursement research and development).

Subpart 52.1--Instructions for Using Provisions and Clauses

52.100 Scope of subpart.

This subpart (a) gives instructions for using Part 52, including the explanation and use of provision and clause numbers, prescriptions, prefaces, and the matrix; (b) prescribes procedures for incorporating, identifying, and modifying provisions and clauses in solicitations and contracts, and for using alternates; and (c) describes the derivation of FAR provisions and clauses.

52.101 Using Part 52.

(a) Definitions.

"Alternate'' means a substantive variation of a basic provision or clause prescribed for use in a defined circumstance. It (1) adds wording to, (2) deletes wording from, or (3) substitutes specified wording for a portion of the basic provision or clause. The alternate version of a provision or clause is the basic provision or clause as changed by the addition, deletion, or substitution (see 52.105(a)).

"Contract clause" or "clause" means a term or condition used in contracts or in both solicitations and contracts, and applying after contract award or both before and after award.

"Modification," as used in this subpart, means a minor change in the details of a provision or clause that is specifically authorized by the FAR and does not alter the substance of the provision or clause (see 52.104).

"Solicitation provision" or "provision" means a term or condition used only in solicitations and applying only before contract award.

"Substantially as follows" or "substantially the same as," when used in the prescription and preface of a provision or clause, means that authorization is granted to prepare and utilize a variation of that provision or clause to accommodate requirements that are peculiar to an individual acquisition; provided, that the variation includes the salient features of the FAR provision or clause, and is not inconsistent with the intent, principle, and substance of the FAR provision or clause or related coverage of the subject matter.

(b) Numbering--(1) FAR provisions and clauses. Subpart 52.2 sets forth the text of all FAR provisions and clauses, each in its own separate subsection. The subpart is arranged by subject matter, in the same order as, and keyed to, the parts of the FAR. Each FAR provision or clause is uniquely identified. All FAR provision and clause numbers begin with "52.2," since the text of all FAR provisions and clauses appear in Subpart 52.2. The next two digits of the provision or clause number correspond to the number of the FAR subject part in which the provision or clause is prescribed. The FAR provision or clause number is then completed by a hyphen and a sequential number assigned within each section of Subpart 52.2. The following example illustrates the makeup of the FAR provision or clause number (see Figure 1 below).

(2)(i) Provisions or clauses that supplement the FAR. Provisions or clauses that supplement the FAR are--

(A) Prescribed and included in authorized agency acquisition regulations issued within an agency to satisfy the specific needs of the agency as a whole;

(B) Prescribed and included in a regulation issued by a suborganization of an agency to satisfy the needs of that particular suborganization; or

(C) Developed for use at a suborganizational level of an agency, not meant for repetitive use, but intended to meet the needs of an individual acquisition and, thus, impractical to include in either an agency or suborganization acquisition regulation. (See 1.301(c).)

(ii) Supplemental provisions or clauses published in agency acquisition regulations shall be in full text and the prescription for the use of each shall be included. Supplemental provisions or clauses published in agency acquisition regulations shall be numbered in the same manner in which FAR provisions and clauses are numbered except that--

(A) If it is included in an agency acquisition regulation that is published in the Federal Register and is codified in Title 48, Code of Federal Regulations (48 CFR), the number shall be preceded by the chapter number within 48 CFR assigned by the CFR staff; and

(B) The sequential number shall be "70" or a higher number (see 1.303).

(iii) The sequential number at the end of the number of a provision or clause that supplements the FAR, like its counterpart at the end of any FAR provision or clause number, indicates the subsection location of the provision or clause in Subpart 52.2 of the agency acquisition regulation

that contains its full text. If, for example, an agency acquisition regulation contains only one provision followed by only one clause supplementing the FAR in its section 52.236 (Construction and Architect-Engineer Contracts), then the sequential numbers would be "70" for the provision and "71" for the clause.

(c) Prescriptions. Each provision or clause in Subpart 52.2 is prescribed at that place in the FAR text where the subject matter of the provision or clause receives its primary treatment. The prescription includes all conditions, requirements, and instructions for using the provision or clause and its alternates, if any. The provision or clause may be referred to in other FAR locations.

(d) Prefaces. Within Subpart 52.2, each provision or clause is prefaced with--

(1) A cross-reference to the location in the FAR subject text that prescribes its use; and

(2) Directions for inserting it in solicitations and/or contracts.

(e) Matrix. (1) The matrix in Subpart 52.3 contains a column for each principal type and/or purpose of contract (e.g., fixed-price supply, cost reimbursement research and development). The matrix lists the--

(i) Required solicitation provisions;

(ii) Required-when-applicable solicitation provisions;

(iii) Optional solicitation provisions;

(iv) Required contract clauses;

(v) Required-when-applicable contract clauses; and

(vi) Optional contract clauses.

(2) For each provision or clause listed, the matrix provides information on--

(i) Whether incorporation by reference is or is not authorized (see 52.102);

(ii) The section of the Uniform Contract Format (UCF) in which it is to be located, if it is used in an acquisition that is subject to the UCF;

(iii) Its number;

(iv) The citation of the FAR text that prescribes its use; and

(v) Its title.

(3) Since the matrix does not provide sufficient information to determine the applicability of a provision or clause in the "required-when-applicable" and "optional" categories, contracting officers shall refer to the FAR text (cited in the matrix) that prescribes its use.

(4) The FAR matrix may be reproduced at agency levels, and at subordinate levels, for the purpose of supplementing it with agency-developed provisions and clauses. The resulting consolidated matrices may be included in agency acquisition regulations.

(f) Dates. Since they are subject to revision from time to time, all provisions, clauses, and alternates are dated; e.g., (Dec 1983). To avoid questions concerning which version of any provision, clause, or alternate is operative in any given solicitation or contract, its date shall be included whether it is incorporated by reference or in full text.

52.102 Incorporating provisions and clauses.

(a) Provisions and clauses should be incorporated by reference to the maximum practical extent, rather than being incorporated in full text, even if they--

(1) Are used with one or more alternates or on an optional basis;

(2) Are prescribed on a "substantially as follows" or "substantially the same as" basis, provided they are used verbatim;

(3) Require modification or the insertion by the Government of fill-in material (see 52.104); or

(4) Require completion by the offeror or prospective contractor. This instruction also applies to provisions completed as annual representations and certifications.

(b) Except for provisions and clauses prescribed in 52.107, any provision or clause that can be accessed electronically by the offeror or prospective contractor may be incorporated by reference in solicitations and/or contracts. However, the contracting officer, upon request, shall provide the full text of any provision or clause incorporated by reference.

(c) Agency approved provisions and clauses prescribed in agency acquisition regulations, and provisions and clauses not authorized by Subpart 52.3 to be incorporated by reference, need not be incorporated in full text, provided the contracting officer includes in the solicitation and contract a statement that--

(1) Identifies all provisions and clauses that require completion by the offeror or prospective contractor;

(2) Specifies that the provisions and clauses must be completed by the offeror or prospective contractor and must be submitted with the quotation or offer; and

(3) Identifies to the offeror or prospective contractor at least one electronic address where the full text may be accessed.

(d) An agency may develop a group listing of provisions and clauses that apply to a specific category of contracts. An agency group listing may be incorporated by reference in solicitations and/or contracts in lieu of citing the provisions and clauses individually, provided the group listing is made available electronically to offerors and prospective contractors.

(e) A provision or clause that is not available electronically to offerors and prospective contractors shall be incorporated in solicitations and/or contracts in full text if it is--

(1) A FAR provision or clause that otherwise is not authorized to be incorporated by reference (see Subpart 52.3); or

(2) A provision or clause prescribed for use in an agency acquisition regulation.

(f) Provisions or clauses may not be incorporated by reference by being listed in the--

(1) Provision at 52.252-3, Alterations in Solicitations; or

(2) Clause at 52.252-4, Alterations in Contract.

52.103 Identification of provisions and clauses.

(a) Whenever any FAR provision or clause is used without deviation in a solicitation or contract, whether it is incorporated by reference or in full text, it shall be identified by number, title, and date. This identification shall also be used if the FAR provision or clause is used with an authorized deviation, except that the contracting officer shall then insert "(DEVIATION)" after the date. Solicited firms and contractors will be advised of the meaning of this insertion through the use of the (1) provision at 52.252-5, Authorized Deviations in Provisions, or (2) clause at 52.252-6, Authorized Deviations in Clauses. The above mentioned provision and clause are prescribed in 52.107(e) and (f).

(b) Any provision or clause that supplements the FAR whether it is incorporated by reference or in full text shall be clearly identified by number, title, date, and name of the regulation. When a supplemental provision or clause is used with an authorized deviation, insert "(DEVIATION)" after the name of the regulation.

(c) A provision or clause of the type described in 52.101(b)(2)(i)(C) shall be identified by the title, date, and the name of the agency or suborganization within the agency that developed it.

(d) Except for provisions or clauses covered by 52.103(c), the following hypothetical examples illustrate how a provision or clause that supplements the FAR shall be identified when it is incorporated in solicitations and/or contracts by reference or in full text:

(1) If Part 14 (Sealed Bidding) of the X Agency Acquisition Regulation, published in the Federal Register and codified as Chapter 99 in 48 CFR, prescribes the use of a provision entitled "Bid Envelopes," dated October 1983, and that provision is sequentially the first provision or clause appearing in Section 52.214 of the X Agency Acquisition Regulation, then the identification of that provision shall be "9952.214-70--Bid Envelopes (Oct 1983)."

(2) Assume that Y, a major organizational element of the X Agency, is authorized to issue the Y Acquisition Regulation, which is not published in the Federal Register and codified in 48 CFR. If Part 36 (Construction and Architect-Engineer Contracts) of the Y Acquisition Regulation prescribes the use of a clause entitled "Refrigerated Display Cases," dated March 1983, pertaining to a specialized type of construction work, and that clause is sequentially the second provision or clause appearing in Section 52.236 of the Y Acquisition Regulation, then the identification of that clause shall be "52.236-71--Refrigerated Display Cases (Mar 1983)--Y Acquisition Regulation."

52.104 Procedures for modifying and completing provisions and clauses.

(a) Provisions and clauses shall not be modified unless the FAR authorizes their modification. Any such authorizations are contained in the provision or clause preface in Subpart 52.2; for example--

(1) "In the following clause, the stated 60-day period may be varied from 30 to 90 days;" or

(2) "Task Order" or other appropriate designation may be substituted for "Schedule" wherever that word appears in the clause.''

(b) When modifying provisions or clauses incorporated by reference, insert the changed wording directly below the title of the provision or clause identifying to the lowest level necessary (e.g., paragraph, sentence, word), to clearly indicate what is being modified.

(c) When modifying provisions or clauses incorporated in full text, modify the language directly by substituting the changed wording as permitted.

(d) When completing blanks in provisions or clauses incorporated by reference, insert the fill-in information directly below the title of the provision or clause identifying to the lowest level necessary to clearly indicate the blanks being filled in.

(e) When completing blanks in provisions or clauses incorporated in full text, insert the fill-in information in the blanks of the provision or clause.

52.105 Procedures for using alternates.

(a) A major variation in a provision or clause is accommodated by use of an alternate. All alternates to a given provision or clause are prescribed at the point in the FAR subject text where the provision or clause is itself prescribed. The alternates to each provision or clause are titled "Alternate I," "Alternate II," "Alternate III," and so on. In Subpart 52.2, the instructions for using these alternates appear after the basic provision or clause. A statement of the manner of and conditions for its use is given for each alternate. This statement shall be read in conjunction with the preface to the provision or clause.

(b) When an alternate is used, its date shall be cited along with the date of the basic provision or clause; e.g., 52.209-3 First Article Approval--Contractor Testing (Oct 1983)--Alternate I (Dec 1983).

(c) Under certain circumstances, a provision or clause may be used with two or more alternates. In these circumstances, each of the applicable alternates shall be cited, whether incorporated by reference or in full text; e.g., 52.209-3 First Article Approval--Contractor Testing (Oct 1983)--Alternate I (Dec 1983) and Alternate II (Feb 1984). However, under no circumstances may an alternate to a specific provision or clause be applied to any other provision or clause.

52.106 [Reserved]

52.107 Provisions and clauses prescribed in Subpart 52.1.

(a) The contracting officer shall insert the provision at 52.252-1, Solicitation Provisions Incorporated by Reference, in solicitations in order to incorporate provisions by reference.

(b) The contracting officer shall insert the clause at 52.252-2, Clauses Incorporated by Reference, in solicitations and contracts in order to incorporate clauses by reference.

(c) The contracting officer shall insert the provision at 52.252-3, Alterations in Solicitation, in solicitations in order to revise or supplement, as necessary, other parts of the solicitation that apply to the solicitation phase only, except for any provision authorized for use with a deviation.

(d) The contracting officer shall insert the clause at 52.252-4, Alterations in Contract, in solicitations and contracts in order to revise or supplement, as necessary, other parts of the contract, or parts of the solicitations that apply to the contract phase, except for any clause authorized for use with a deviation.

(e) The contracting officer shall insert the provision at 52.252-5, Authorized Deviations in Provisions, in solicitations that include any FAR or supplemental provision with an authorized deviation. Whenever any FAR or supplemental provision is used with an authorized deviation, the contracting officer shall identify it by the same number, title, and date assigned to the provision when it is used without deviation, include regulation name for any supplemental provision, except that the contracting officer shall insert "(DEVIATION)" after the date of the provision.

(f) The contracting officer shall insert the clause at 52.252-6, Authorized Deviations in Clauses, in solicitations and contracts that include any FAR or supplemental clause with an authorized deviation. Whenever any FAR or supplemental clause is used with an authorized deviation, the contracting officer shall identify it by the same number, title, and date assigned to the clause when it is used without deviation, include regulation name for any supplemental clause, except that the contracting officer shall insert "(DEVIATION)" after the date of the clause.

Subpart 52.2--Text of Provisions and Clauses

52.200 Scope of subpart.

This subpart sets forth the text of all FAR provisions and clauses (see 52.101(b)(1)), and for each provision and clause, gives (a) a cross-reference to the location in the FAR that prescribes its use, and (b) directions for including it in solicitations and/or contracts.

52.201 [Reserved]

52.202-1 Definitions.

As prescribed in Subpart 2.2, insert the following clause:

Definitions (Oct 1995)

(a) "Head of the agency" (also called "agency head") or "Secretary" means the Secretary (or Attorney General, Administrator, Governor, Chairperson, or other chief official, as appropriate) of the agency, including any deputy or assistant chief official of the agency; and the term "authorized representative" means any person, persons, or board (other than the Contracting Officer) authorized to act for the head of the agency or Secretary.

(b) "Commercial component" means any component that is a commercial item.

(c) "Commercial item" means--

(1) Any item, other than real property, that is of a type customarily used for nongovernmental purposes and that--

(i) Has been sold, leased, or licensed to the general public; or

(ii) Has been offered for sale, lease, or license to the general public;

(2) Any item that evolved from an item described in paragraph (c)(1) of this clause through advances in technology or performance and that is not yet available in the commercial marketplace, but will be available in the commercial marketplace in time to satisfy the delivery requirements under a Government solicitation;

(3) Any item that would satisfy a criterion expressed in paragraphs (c)(1) or (c)(2) of this clause, but for--

(i) Modifications of a type customarily available in the commercial marketplace; or

(ii) Minor modifications of a type not customarily available in the commercial marketplace made to meet Federal Government requirements. "Minor" modifications means modifications that do not significantly alter the nongovernmental function or essential physical characteristics of an item or component, or change the purpose of a process. Factors to be considered in determining whether a modification is minor include the value and size of the modification and the comparative value and size of the final product. Dollar values and percentages may be used as guideposts, but are not conclusive evidence that a modification is minor;

(4) Any combination of items meeting the requirements of paragraphs (c)(1), (2), (3), or (5) of this clause that are of a type customarily combined and sold in combination to the general public;

(5) Installation services, maintenance services, repair services, training services, and other services if such services are procured for support of an item referred to in paragraphs (c)(1), (2), (3), or (4) of this clause, and if the source of such services--

(i) Offers such services to the general public and the Federal Government contemporaneously and under similar terms and conditions; and

(ii) Offers to use the same work force for providing the Federal Government with such services as the source uses for providing such services to the general public;

(6) Services of a type offered and sold competitively in substantial quantities in the commercial marketplace based on established catalog or market prices for specific tasks performed under standard commercial terms and conditions. This does not include services that are sold based on hourly rates without an established catalog or market price for a specific service performed;

(7) Any item, combination of items, or service referred to in subparagraphs (c)(1) through (c)(6), notwithstanding the fact that the item, combination of items, or service is transferred between or among separate divisions, subsidiaries, or affiliates of a Contractor; or

(8) A nondevelopmental item, if the procuring agency determines the item was developed exclusively at private expense and sold in substantial quantities, on a competitive basis, to multiple State and local Governments.

(d) "Component" means any item supplied to the Federal Government as part of an end item or of another component.

(e) "Nondevelopmental item" means--

(1) Any previously developed item of supply used exclusively for governmental purposes by a Federal agency, a State or local government, or a foreign government with which the United States has a mutual defense cooperation agreement;

(2) Any item described in paragraph (e)(1) of this definition that requires only minor modification or modifications of a type customarily available in the commercial marketplace in order to meet the requirements of the procuring department or agency; or

(3) Any item of supply being produced that does not meet the requirements of paragraph (e)(1) or (e)(2) solely because the item is not yet in use.

(f) "Contracting Officer" means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the Contracting Officer acting within the limits of their authority as delegated by the Contracting Officer.

(g) Except as otherwise provided in this contract, the term "subcontracts" includes, but is not limited to, purchase orders and changes and modifications to purchase orders under this contract.

(End of clause)

Alternate I (Apr 1984). If the contract is for personal services; construction; architect-engineer services; or dismantling, demolition, or removal of improvements, delete paragraph (c) of the basic clause.

52.203-1 [Reserved]

52.203-2 Certificate of Independent Price Determination.

As prescribed in 3.103-1, insert the following provision. If the solicitation is a Request for Quotations, the terms "Quotation" and "Quoter" may be substituted for "Offer" and "Offeror."

Certificate of Independent Price Determination (Apr 1985)

(a) The offeror certifies that--

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to--

(i) Those prices;

(ii) The intention to submit an offer;, or

(iii) The methods or factors used to calculate the prices offered.

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory--

(1) Is the person in the offeror's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision; or

(2)(i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision ____________________ [insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization];

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this provision have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies subparagraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

(End of provision)

52.203-3 Gratuities.

As prescribed in 3.202, insert the following clause:

Gratuities (Apr 1984)

(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative--

(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government; and

(2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.

(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.

(c) If this contract is terminated under paragraph (a) of this clause, the Government is entitled--

(1) To pursue the same remedies as in a breach of the contract; and

(2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subparagraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.)

(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

(End of clause)

52.203-4 [Reserved]

52.203-5 Covenant Against Contingent Fees.

As prescribed in 3.404, insert the following clause:

Covenant Against Contingent Fees (Apr 1984)

(a) The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of the contingent fee.

(b) "Bona fide agency," as used in this clause, means an established commercial or selling agency, maintained by a contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper influence.

"Bona fide employee," as used in this clause, means a person, employed by a contractor and subject to the contractor's supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence.

"Contingent fee," as used in this clause, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract.

"Improper influence," as used in this clause, means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter.

(End of clause)

52.203-6 Restrictions on Subcontractor Sales to the Government.

As prescribed in 3.503-2, insert the following clause:

Restrictions on Subcontractor Sales to the Government (Jul 1995)

(a) Except as provided in (b) of this clause, the Contractor shall not enter into any agreement with an actual or prospective subcontractor, nor otherwise act in any manner, which has or may have the effect of restricting sales by such subcontractors directly to the Government of any item or process (including computer software) made or furnished by the subcontractor under this contract or under any follow-on production contract.

(b) The prohibition in (a) of this clause does not preclude the Contractor from asserting rights that are otherwise authorized by law or regulation.

(c) The Contractor agrees to incorporate the substance of this clause, including this paragraph (c), in all subcontracts under this contract which exceed $100,000.

(End of clause)

Alternate I (Oct 1995). As prescribed in 3.503-2, substitute the following paragraph in place of paragraph (b) of the basic clause:

(b) The prohibition in paragraph (a) of this clause does not preclude the Contractor from asserting rights that are otherwise authorized by law or regulation. For acquisitions of commercial items, the prohibition in paragraph (a) applies only to the extent that any agreement restricting sales by subcontractors results in the Federal Government being treated differently from any other prospective purchaser for the sale of the commercial item(s).

52.203-7 Anti-Kickback Procedures.

As prescribed in 3.502-3, insert the following clause:

Anti-Kickback Procedures (Jul 1995)

(a) Definitions.

"Kickback," as used in this clause, means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided, directly or indirectly, to any prime Contractor, prime Contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract..

"Person," as used in this clause, means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual.

"Prime contract," as used in this clause, means a contract or contractual action entered into by the United States for the purpose of obtaining supplies, materials, equipment, or services of any kind.

"Prime Contractor" as used in this clause, means a person who has entered into a prime contract with the United States.

"Prime Contractor employee," as used in this clause, means any officer, partner, employee, or agent of a prime Contractor.

"Subcontract," as used in this clause, means a contract or contractual action entered into by a prime Contractor or subcontractor for the purpose of obtaining supplies, materials, equipment, or services of any kind under a prime contract.

"Subcontractor," as used in this clause, (1) means any person, other than the prime Contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract, and (2) includes any person who offers to furnish or furnishes general supplies to the prime Contractor or a higher tier subcontractor.

"Subcontractor employee," as used in this clause, means any officer, partner, employee, or agent of a subcontractor.

(b) The Anti-Kickback Act of 1986 (41 U.S.C. 51-58) (the Act), prohibits any person from--

(1) Providing or attempting to provide or offering to provide any kickback;

(2) Soliciting, accepting, or attempting to accept any kickback; or

(3) Including, directly or indirectly, the amount of any kickback in the contract price charged by a prime Contractor to the United States or in the contract price charged by a subcontractor to a prime Contractor or higher tier subcontractor.

(c)(1) The Contractor shall have in place and follow reasonable procedures designed to prevent and detect possible violations described in paragraph (b) of this clause in its own operations and direct business relationships.

(2) When the Contractor has reasonable grounds to believe that a violation described in paragraph (b) of this clause may have occurred, the Contractor shall promptly report in writing the possible violation. Such reports shall be made to the inspector general of the contracting agency, the head of the contracting agency if the agency does not have an inspector general, or the Department of Justice.

(3) The Contractor shall cooperate fully with any Federal agency investigating a possible violation described in paragraph (b) of this clause.

(4) The Contracting Officer may (i) offset the amount of the kickback against any monies owed by the United States under the prime contract and/or (ii) direct that the Prime Contractor withhold from sums owed a subcontractor under the prime contract the amount of the kickback. The Contracting Officer may order that monies withheld under subdivision (c)(4)(ii) of this clause be paid over to the Government unless the Government has already offset those monies under subdivision (c)(4)(i) of this clause. In either case, the Prime Contractor shall notify the Contracting Officer when the monies are withheld.

(5) The Contractor agrees to incorporate the substance of this clause, including subparagraph (c)(5) but excepting subparagraph (c)(1), in all subcontracts under this contract which exceed $100,000.

(End of clause)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity.

As prescribed in 3.104-9(a), insert the following clause in solicitations and contracts:

Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (Jan 1997)

(a) If the Government receives information that a contractor or a person has engaged in conduct constituting a violation of subsection (a), (b), (c), or (d) of section 27 of the Office of Federal Procurement Policy Act (41 U.S.C. 423) (the Act), as amended by section 4304 of the National Defense Authorization Act for Fiscal Year 1996 (Pub. L. 104-106), the Government may--

(1) Cancel the solicitation, if the contract has not yet been awarded or issued; or

(2) Rescind the contract with respect to which--

(i) The Contractor or someone acting for the Contractor has been convicted for an offense where the conduct constitutes a violation of subsection 27(a) or (b) of the Act for the purpose of either--

(A) Exchanging the information covered by such subsections for anything of value; or

(B) Obtaining or giving anyone a competitive advantage in the award of a Federal agency procurement contract; or

(ii) The head of the contracting activity has determined, based upon a preponderance of the evidence, that the Contractor or someone acting for the Contractor has engaged in conduct constituting an offense punishable under subsection 27(e)(1) of the Act.

(b) If the Government rescinds the contract under paragraph (a) of this clause, the Government is entitled to recover, in addition to any penalty prescribed by law, the amount expended under the contract.

(c) The rights and remedies of the Government specified herein are not exclusive, and are in addition to any other rights and remedies provided by law, regulation, or under this contract.

(End of clause)

52.203-9 [Reserved]

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity.

As prescribed in 3.104-9(b), insert the following clause:

Price or Fee Adjustment for Illegal or Improper Activity (Jan 1997)

(a) The Government, at its election, may reduce the price of a fixed-price type contract and the total cost and fee under a cost-type contract by the amount of profit or fee determined as set forth in paragraph (b) of this clause if the head of the contracting activity or designee determines that there was a violation of subsection 27(a), (b), or (c) of the Office of Federal Procurement Policy Act, as amended (41 U.S.C. 423), as implemented in section 3.104 of the Federal Acquisition Regulation.

(b) The price or fee reduction referred to in paragraph (a) of this clause shall be--

(1) For cost-plus-fixed-fee contracts, the amount of the fee specified in the contract at the time of award;

(2) For cost-plus-incentive-fee contracts, the target fee specified in the contract at the time of award, notwithstanding any minimum fee or "fee floor" specified in the contract;

(3) For cost-plus-award-fee contracts--

(i) The base fee established in the contract at the time of contract award;

(ii) If no base fee is specified in the contract, 30 percent of the amount of each award fee otherwise payable to the Contractor for each award fee evaluation period or at each award fee determination point.

(4) For fixed-price-incentive contracts, the Government may--

(i) Reduce the contract target price and contract target profit both by an amount equal to the initial target profit specified in the contract at the time of contract award; or

(ii) If an immediate adjustment to the contract target price and contract target profit would have a significant adverse impact on the incentive price revision relationship under the contract, or adversely affect the contract financing provisions, the Contracting Officer may defer such adjustment until establishment of the total final price of the contract. The total final price established in accordance with the incentive price revision provisions of the contract shall be reduced by an amount equal to the initial target profit specified in the contract at the time of contract award and such reduced price shall be the total final contract price.

(5) For firm-fixed-price contracts, by 10 percent of the initial contract price or a profit amount determined by the Contracting Officer from records or documents in existence prior to the date of the contract award.

(c) The Government may, at its election, reduce a prime contractor's price or fee in accordance with the procedures of paragraph (b) of this clause for violations of the Act by its subcontractors by an amount not to exceed the amount of profit or fee reflected in the subcontract at the time the subcontract was first definitively priced.

(d) In addition to the remedies in paragraphs (a) and (c) of this clause, the Government may terminate this contract for default. The rights and remedies of the Government specified herein are not exclusive, and are in addition to any other rights and remedies provided by law or under this contract.

(End of clause)

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions.

As prescribed in 3.808, insert the following provision:

Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Apr 1991)

(a) The definitions and prohibitions contained in the clause, at FAR 52.203-12, Limitation on Payments to Influence Certain Federal Transactions, included in this solicitation, are hereby incorporated by reference in paragraph (b) of this certification.

(b) The offeror, by signing its offer, hereby certifies to the best of his or her knowledge and belief that on or after December 23, 1989--

(1) No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement;

(2) If any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with this solicitation, the offeror shall complete and submit, with its offer, OMB standard form LLL, Disclosure of Lobbying Activities, to the Contracting Officer; and

(3) He or she will include the language of this certification in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly.

(c) Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by section 1352, title 31, United States Code. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure form to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.

(End of provision)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions.

As prescribed in 3.808, insert the following clause:

Limitation on Payments to Influence Certain Federal Transactions (Jun 1997)

(a) Definitions.

"Agency," as used in this clause, means executive agency as defined in 2.101.

"Covered Federal action," as used in this clause, means any of the following Federal actions:

(1) The awarding of any Federal contract.

(2) The making of any Federal grant.

(3) The making of any Federal loan.

(4) The entering into of any cooperative agreement.

(5) The extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

"Indian tribe" and "tribal organization," as used in this clause, have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450B) and include Alaskan Natives.

"Influencing or attempting to influence," as used in this clause, means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action.

"Local government," as used in this clause, means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government.

"Officer or employee of an agency," as used in this clause, includes the following individuals who are employed by an agency:

(1) An individual who is appointed to a position in the Government under Title 5, United States Code, including a position under a temporary appointment.

(2) A member of the uniformed services, as defined in subsection 101(3), Title 37, United States Code.

(3) A special Government employee, as defined in section 202, Title 18, United States Code.

(4) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, Title 5, United States Code, appendix 2.

"Person," as used in this clause, means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit, or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization with respect to expenditures specifically permitted by other Federal law.

"Reasonable compensation," as used in this clause, means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government.

"Reasonable payment," as used in this clause, means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector.

"Recipient," as used in this clause, includes the Contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other Indian organization with respect to expenditures specifically permitted by other Federal law.

"Regularly employed," as used in this clause, means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days.

"State," as used in this clause, means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States, an agency or instrumentality of a State, and multi-State, regional, or interstate entity having governmental duties and powers.

(b) Prohibitions. (1) Section 1352 of Title 31, United States Code, among other things, prohibits a recipient of a Federal contract, grant, loan, or cooperative agreement from using appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any of the following covered Federal actions: the awarding of any Federal contract; the making of any Federal grant; the making of any Federal loan; the entering into of any cooperative agreement; or the modification of any Federal contract, grant, loan, or cooperative agreement.

(2) The Act also requires Contractors to furnish a disclosure if any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a Federal contract, grant, loan, or cooperative agreement.

(3) The prohibitions of the Act do not apply under the following conditions:

(i) Agency and legislative liaison by own employees. (A) The prohibition on the use of appropriated funds, in subparagraph (b)(1) of this clause, does not apply in the case of a payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action if the payment is for agency and legislative liaison activities not directly related to a covered Federal action.

(B) For purposes of subdivision (b)(3)(i)(A) of this clause, providing any information specifically requested by an agency or Congress is permitted at any time.

(C) The following agency and legislative liaison activities are permitted at any time where they are not related to a specific solicitation for any covered Federal action:

(1) Discussing with an agency the qualities and characteristics (including individual demonstrations) of the person's products or services, conditions or terms of sale, and service capabilities.

(2) Technical discussions and other activities regarding the application or adaptation of the person's products or services for an agency's use.

(D) The following agency and legislative liaison activities are permitted where they are prior to formal solicitation of any covered Federal action--

(1) Providing any information not specifically requested but necessary for an agency to make an informed decision about initiation of a covered Federal action;

(2) Technical discussions regarding the preparation of an unsolicited proposal prior to its official submission; and

(3) Capability presentations by persons seeking awards from an agency pursuant to the provisions of the Small Business Act, as amended by Pub. L. 95-507, and subsequent amendments.

(E) Only those services expressly authorized by subdivision (b)(3)(i)(A) of this clause are permitted under this clause.

(ii) Professional and technical services. (A) The prohibition on the use of appropriated funds, in subparagraph (b)(1) of this clause, does not apply in the case of--

(1) A payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action, if payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action.

(2) Any reasonable payment to a person, other than an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action if the payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action. Persons other than officers or employees of a person requesting or receiving a covered Federal action include consultants and trade associations.

(B) For purposes of subdivision (b)(3)(ii)(A) of this clause, "professional and technical services" shall be limited to advice and analysis directly applying any professional or technical discipline. For example, drafting of a legal document accompanying a bid or proposal by a lawyer is allowable. Similarly, technical advice provided by an engineer on the performance or operational capability of a piece of equipment rendered directly in the negotiation of a contract is allowable. However, communications with the intent to influence made by a professional (such as a licensed lawyer) or a technical person (such as a licensed accountant) are not allowable under this section unless they provide advice and analysis directly applying their professional or technical expertise and unless the advice or analysis is rendered directly and solely in the preparation, submission or negotiation of a covered Federal action. Thus, for example, communications with the intent to influence made by a lawyer that do not provide legal advice or analysis directly and solely related to the legal aspects of his or her client's proposal, but generally advocate one proposal over another are not allowable under this section because the lawyer is not providing professional legal services. Similarly, communications with the intent to influence made by an engineer providing an engineering analysis prior to the preparation or submission of a bid or proposal are not allowable under this section since the engineer is providing technical services but not directly in the preparation, submission or negotiation of a covered Federal action.

(C) Requirements imposed by or pursuant to law as a condition for receiving a covered Federal award include those required by law or regulation and any other requirements in the actual award documents.

(D) Only those services expressly authorized by subdivisions (b)(3)(ii)(A)(1) and (2) of this clause are permitted under this clause.

(E) The reporting requirements of FAR 3.803(a) shall not apply with respect to payments of reasonable compensation made to regularly employed officers or employees of a person.

(c) Disclosure. (1) The Contractor who requests or receives from an agency a Federal contract shall file with that agency a disclosure form, OMB standard form LLL, Disclosure of Lobbying Activities, if such person has made or has agreed to make any payment using nonappropriated funds (to include profits from any covered Federal action), which would be prohibited under subparagraph (b)(1) of this clause, if paid for with appropriated funds.

(2) The Contractor shall file a disclosure form at the end of each calendar quarter in which there occurs any event that materially affects the accuracy of the information contained in any disclosure form previously filed by such person under subparagraph (c)(1) of this clause. An event that materially affects the accuracy of the information reported includes--

(i) A cumulative increase of $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or

(ii) A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal action; or

(iii) A change in the officer(s), employee(s), or Member(s) contacted to influence or attempt to influence a covered Federal action.

(3) The Contractor shall require the submittal of a certification, and if required, a disclosure form by any person who requests or receives any subcontract exceeding $100,000 under the Federal contract.

(4) All subcontractor disclosure forms (but not certifications) shall be forwarded from tier to tier until received by the prime Contractor. The prime Contractor shall submit all disclosures to the Contracting Officer at the end of the calendar quarter in which the disclosure form is submitted by the subcontractor. Each subcontractor certification shall be retained in the subcontract file of the awarding Contractor.

(d) Agreement. The Contractor agrees not to make any payment prohibited by this clause.

(e) Penalties. (1) Any person who makes an expenditure prohibited under paragraph (a) of this clause or who fails to file or amend the disclosure form to be filed or amended by paragraph (b) of this clause shall be subject to civil penalties as provided for by 31 U.S.C. 1352. An imposition of a civil penalty does not prevent the Government from seeking any other remedy that may be applicable.

(2) Contractors may rely without liability on the representation made by their subcontractors in the certification and disclosure form.

(f) Cost allowability. Nothing in this clause makes allowable or reasonable any costs which would otherwise be unallowable or unreasonable. Conversely, costs made specifically unallowable by the requirements in this clause will not be made allowable under any other provision.

(End of clause)

52.204-1 Approval of Contract.

As prescribed in 4.103, insert the following clause:

Approval of Contract (Dec 1989)

This contract is subject to the written approval of [identify title of designated agency official here] and shall not be binding until so approved.

(End of clause)

52.204-2 Security Requirements.

As prescribed in 4.404(a), insert the following clause:

Security Requirements (Aug 1996)

(a) This clause applies to the extent that this contract involves access to information classified "Confidential," "Secret," or "Top Secret."

(b) The Contractor shall comply with--

(1) The Security Agreement (DD Form 441), including the National Industrial Security Program Operating Manual (DOD 5220.22-M); and

(2) Any revisions to that manual, notice of which has been furnished to the Contractor.

(c) If, subsequent to the date of this contract, the security classification or security requirements under this contract are changed by the Government and if the changes cause an increase or decrease in security costs or otherwise affect any other term or condition of this contract, the contract shall be subject to an equitable adjustment as if the changes were directed under the Changes clause of this contract.

(d) The Contractor agrees to insert terms that conform substantially to the language of this clause, including this paragraph (d) but excluding any reference to the Changes clause of this contract, in all subcontracts under this contract that involve access to classified information.

(End of clause)

Alternate I (Apr 1984). If a cost contract for research and development with an educational institution is contemplated, add the following paragraphs (e), (f), and (g) to the basic clause:

(e) If a change in security requirements, as provided in paragraphs (b) and (c), results (1) in a change in the security classification of this contract or any of its elements from an unclassified status or a lower classification to a higher classification, or (2) in more restrictive area controls than previously required, the Contractor shall exert every reasonable effort compatible with the Contractor's established policies to continue the performance of work under the contract in compliance with the change in security classification or requirements. If, despite reasonable efforts, the Contractor determines that the continuation of work under this contract is not practicable because of the change in security classification or requirements, the Contractor shall notify the Contracting Officer in writing. Until resolution of the problem is made by the Contracting Officer, the Contractor shall continue safeguarding all classified material as required by this contract.

(f) After receiving the written notification, the Contracting Officer shall explore the circumstances surrounding the proposed change in security classification or requirements, and shall endeavor to work out a mutually satisfactory method whereby the Contractor can continue performance of the work under this contract.

(g) If, 15 days after receipt by the Contracting Officer of the notification of the Contractor's stated inability to proceed, (1) the application to this contract of the change in security classification or requirements has not been withdrawn, or (2) a mutually satisfactory method for continuing performance of work under this contract has not been agreed upon, the Contractor may request the Contracting Officer to terminate the contract in whole or in part. The Contracting Officer shall terminate the contract in whole or in part, as may be appropriate, and the termination shall be deemed a termination under the terms of the Termination for the Convenience of the Government clause.

Alternate II (APR 1984). If employee identification is required for security or other reasons in a construction contract or architect-engineer contract, add the following paragraph (e) to the basic clause:

(e) The Contractor shall be responsible for furnishing to each employee and for requiring each employee engaged on the work to display such identification as may be approved and directed by the Contracting Officer. All prescribed identification shall immediately be delivered to the Contracting Officer, for cancellation upon the release of any employee. When required by the Contracting Officer, the Contractor shall obtain and submit fingerprints of all persons employed or to be employed on the project.

52.204-3 Taxpayer Identification.

As prescribed in 4.905, insert the following provision:

Taxpayer Identification (Oct 1998)

(a) Definitions.

"Common parent," as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.

"Taxpayer Identification Number (TIN)," as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number.

(b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.

(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.

(d) Taxpayer Identification Number (TIN).

* TIN: _____________________.

* TIN has been applied for.

* TIN is not required because:

* Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

* Offeror is an agency or instrumentality of a foreign government;

* Offeror is an agency or instrumentality of the Federal Government.

(e) Type of organization.

* Sole proprietorship;

* Partnership;

* Corporate entity (not tax-exempt);

* Corporate entity (tax-exempt);

* Government entity (Federal, State, or local);

* Foreign government;

* International organization per 26 CFR 1.6049-4;

* Other _________________________.

(f) Common parent.

* Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.

* Name and TIN of common parent:

Name _____________________________

TIN ______________________________

(End of provision)

52.204-4 Printing/Copying Double-Sided on Recycled Paper.

As prescribed in 4.304, insert the following clause:

Printing/Copying Double-Sided on Recycled Paper (June 1996)

(a) In accordance with Executive Order 12873, dated October 20, 1993, as amended by Executive Order 12995, dated March 25, 1996, the Offeror/Contractor is encouraged to submit paper documents, such as offers, letters, or reports, that are printed/copied double-sided on recycled paper that has at least 20 percent postconsumer material.

(b) The 20 percent standard applies to high-speed copier paper, offset paper, forms bond, computer printout paper, carbonless paper, file folders, white woven envelopes, and other uncoated printed and writing paper, such as writing and office paper, book paper, cotton fiber paper, and cover stock. An alternative to meeting the 20 percent postconsumer material standard is 50 percent recovered material content of certain industrial by-products.

(End of clause)

52.204-5 Women-Owned Business.

As prescribed in 4.603(b), insert the following provision:

Women-Owned Business (Oct 1995)

(a) Representation. The offeror represents that it * is, * is not a women-owned business concern.

(b) Definition. "Women-owned business concern," as used in this provision, means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

(End of provision)

52.204-6 Data Universal Numbering System (DUNS) Number.

As prescribed in 4.603(a), insert the following provision:

Data Universal Numbering System (DUNS) Number (Apr 1998)

(a) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" followed by the DUNS number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number is a nine-digit number assigned by Dun and Bradstreet Information Services.

(b) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. A DUNS number will be provided immediately by telephone at no charge to the offeror. For information on obtaining a DUNS number, the offeror, if located within the United States, should call Dun and Bradstreet at 1-800-333-0505. The offeror should be prepared to provide the following information:

(1) Company name.

(2) Company address.

(3) Company telephone number.

(4) Line of business.

(5) Chief executive officer/key manager.

(6) Date the company was started.

(7) Number of people employed by the company.

(8) Company affiliation.

(c) Offerors located outside the United States may obtain the location and phone number of the local Dun and Bradstreet Information Services office from the Internet home page at http://www.dnb.com/. If an offeror is unable to locate a local service center, it may send an e-mail to Dun and Bradstreet at globalinfo@mail.dnb.com.

(End of provision)

52.205--52.206 [Reserved]

52.207-1 Notice of Cost Comparison (Sealed-Bid).

As prescribed in 7.305(a), insert the following provision:

Notice of Cost Comparison (Sealed-Bid) (Feb 1993)

(a) This solicitation is part of a Government cost comparison to determine whether accomplishing the specified work under contract or by Government performance is more economical. If Government performance is determined to be more economical, this solicitation will be canceled and no contract will be awarded.

(b) The Government's cost estimate for performance by the Government will be based on the work statement in this solicitation and will be submitted by designated agency personnel to the Contracting Officer in a sealed envelope not later than the time set for bid opening. At the public bid opening, the Contracting Officer will open the bids and the envelope containing the cost estimate for Government performance and announce the result. This announcement will be based on an initial comparison of the cost of Government performance with the cost of contract performance, as indicated on the cost comparison form.

(c) The abstract of bids, completed cost comparison form, and detailed data supporting the cost estimate for Government performance will be made available to interested parties for review for a period of _________________ [insert a number from 15 to 30, depending on the complexity of the matter (see 7.306(a)(1)(iv))] working days, beginning with the date the documents are available to interested parties. The Government will not make a final determination either for contract or Government performance during this period. During this period, directly affected parties may file with the Contracting Officer written requests, based on specific objections, for administrative review of the cost comparison result under the agency appeals procedures. The appeals procedure shall be used only to resolve questions concerning the calculation of the cost comparison and will not apply to decisions regarding selection of one bidder in preference to another. Agency determinations under the appeals procedure shall be final.

(d) After evaluation of bids and resolution of any requests under the appeals procedure, the Contracting Officer will either award a contract or cancel this solicitation. The completed cost comparison analysis will be made available to interested parties.

(e) A cost estimate for Government performance is considered a bid for purposes of this solicitation's Late Modifications of Bids or Withdrawal of Bids provision, and a late modification that displaces an otherwise low cost estimate for Government performance shall not be considered.

(End of provision)

52.207-2 Notice of Cost Comparison (Negotiated).

As prescribed in 7.305(b), insert the following provision:

Notice of Cost Comparison (Negotiated) (Feb 1993)

(a) This solicitation is part of a Government cost comparison to determine whether accomplishing the specified work under contract or by Government performance is more economical. If Government performance is determined to be more economical, this solicitation will be canceled and no contract will be awarded.

(b) The Government's cost estimate for performance by the Government will be based on the work statement in this solicitation and will be submitted by designated agency personnel to the Contracting Officer in a sealed envelope not later than the time set for receipt of initial proposals.

(c) After completion of proposal evaluation, negotiation, and selection of the most advantageous proposal, the Contracting Officer, in the presence of the preparer of the cost estimate for Government performance, will open the sealed cost estimate envelope. These officials will make a cost comparison before public announcement. Depending on whether the cost comparison result favors performance under contract or Government performance, the procedure in either subparagraph (1) or (2) following applies:

(1) If the result of the cost comparison favors performance under contract and administrative approval is obtained, the Contracting Officer will award a contract and publicly reveal the completed cost comparison form showing the cost estimate for Government performance, its detailed supporting data, and the Contractor's name. However, this award is conditioned on the offer remaining the more economical alternative after (i) completion of a public review period of ________ [insert a numeral from 15 to 30, depending upon the complexity of the matter (see 7.306(b)(3))] working days beginning with the date this information is available to interested parties and (ii) resolution of any requests for review under the agency appeals procedure (s