CTT's FARS / DFARSFLOW DOWN PROVISIONS

FLOW DOWN PROVISIONS FOR SUBCONTRACT/PURCHASE ORDERS FOR ITEMS UNDER A U.S. GOVERNMENT PRIME CONTRACT - DOMESTIC AND INTERNATIONAL/COMMERCIAL AND NON-COMMERCIAL ITEMS

 

The Federal Acquisition Regulation (FAR) and Defense Federal Acquisition Regulation Supplement (DFARS) clauses referenced below are incorporated herein by reference, with the same force and effect as if they were given in full text, and are applicable, including any notes following the clause citation, during the performance of this Contract unless made inapplicable by their respective notes, if any. When a clause uses a word or term that is defined in the FAR or DFARS, the word or term shall have the same meaning as in the definition in FAR 2.101, DFARS 202.101 in effect on the date of this Contract unless (i) a different definition is expressly set forth in this Contract; or (ii) the part, subpart, or section of the FAR, DFARS or supplement where the clause is prescribed provides a different meaning; or (iii) the word or term is defined in FAR Part 31, for use in  the cost  principles  and  procedures.  If the date or substance of any of the clauses listed below is different than the date or substance of the clause actually incorporated in the Prime Contract referenced by number herein, the date or substance of the clause incorporated by said Prime Contract shall apply instead. If applicable, class deviations found at https://www. acq.osd.mil/dpap/dars/class deviations.html shall take precedence over the relevant flow down. If corresponding FAR and DFARS clauses are referenced, DFARS has first precedence, followed by the FAR.

 

A. GOVERNMENT SUBCONTRACT

 

This Contract may be entered into by CTT INC and SELLER in support of a U.S. Government Contract, or in support of a higher-tier contractor in support of a contract with the U.S. Government.

 

As used in the clauses referenced below and otherwise in this Contract:

 

1.    “Commercial Item” means a commercial item as defined in FAR2.101 or DFARS 202.101.

 

2.    “Contract” means this Contract.

 

3.      “Contractor” means the supplier which is identified on the applicable CTT INC. purchase order and which is acting as the immediate subcontractor to CTT INC.

 

4.      “Prime Contract” means the contract between CTT INC and the U.S. Government or between CTT INC and its higher- tier contractor in support of a contract with the U.S. Government.

 

5.      “Subcontract” means any contract placed by SELLER or lower-tier subcontractors under this Contract.  In all clauses listed Page 1 of 17 herein, the terms “Government,” “Contracting Officer” and “Contractor” shall be revised to suitably identify the contracting parties herein and affect   the proper intent of the clause or provision except where further clarified or modified below. However, the words “Government” and “Contracting Officer” do not change when 1) a right, act, authorization or obligation can be granted or performed only by the Government or prime contract Contracting Officer or duly authorized representative and/or when 2) title to property is to be transferred directly to the Government.

 

6.      If any of the following clauses do not apply to this Subcontract/Purchase  Order, as defined in the respective FAR, DFARS or NAVSEA provision, such clauses are considered to be self-deleting.  Seller shall incorporate, and require that each lower tier contractor supporting this Purchase Order incorporate, all applicable regulations in accordance with the flow down requirements specified in such clauses.

 

B. AMENDMENTS REQUIRED BY PRIME CONTRACT

 

SELLER shall, at the request of CTT INC, accept amendments to this Contract to incorporate additional clauses and provisions herein or to change clauses and provisions hereof, as CTT INC may reasonably deem necessary in order to comply with the clauses and provisions of the applicable Prime Contractor with the clauses and provisions of amendments to such Prime Contract. If any such amendment to this Contract causes an increase or decrease in the price of, or the time required for, performance of any part of the Work under this Contract, an equitable adjustment shall be made pursuant to the “Contract Direction/Changes” clause of this Contract.

 

C. PRESERVATION  OF THE GOVE RNMENT ’S RIGHTS

 

If CTT INC furnishes designs, drawings, special tooling, equipment, engineering data or other technical or proprietary information (Furnished Items) to which the U.S. Government owns or has the right to authorize the use of, nothing herein shall be construed to mean that CTT INC, acting on its own behalf, may modify or limit any rights the Government may have to authorize the SELLER’s use of such Furnished Items in support of other U.S. Government prime contracts.

 

D. FAR FLOWDOWN CLAUSES

 

In accordance with FAR 52.252-1 and 52.252-2, and to the extent applicable to SELLER and to the extent required by CTT INC.’s contract with its customer, the following clauses and provisions are incorporated by reference and apply to this Contract as defined by the respective FAR clause or provision:

 

1.      The following clauses apply to this Contract as defined by the respective FAR clause (for Commercial and Non- Commercial Items):

 

52.203-15     WHISTLEBLOWER  PROTECTIONS UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (JUN 2010)

 

52.203-19     PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017)

 

52.204-2       SECURITY REQUIREMENTS (AUG 1996)

 

52.204-7       SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

 

52.204-9       PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

 

52.204-21     BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)

 

52.204-23     PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018)

 

52.204-24     REPRESENTATION  REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

 

52.204-25     PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG2020)

 

52.204-26     COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES – REPRESENT ATION (OCT 2020)

 

52.209-10     PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV 2015)

 

52.211-15     DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS (APR 2008) (When called out on the face of this contract)

 

52.215-20     REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OT HER THAN CERTIFIED COST OR PRICING DATA (OCT 2010)

 

52.215-21     REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OT HER THAN CERTIFIED COST OR PRICING DATA - MODIFICATIONS (JUN 2020)

 

52.215-22     LIMITATIONS ON PASS-THROUGH CHARGES— IDENTIFICATION OF SUBCONTRACT EFFORT (OCT

2009)

 

52.215-23     LIMITATIONS ON PASS-THROUGH CHARGES (JUN2020)

 

52.216-7       ALLOWABLE COST AND PAYMENT (AUG 2018) (Only section (h) applies)

 

52.219-8       UTILIZATION OF SMALL BUSINESS CONCERNS (OCT  2018) (If this Contract, except contracts to small business concerns, exceeds $250,000 the Contractor must include this clause in all lower tier subcontracts that offer subcontracting opportunities.)

 

52.222-1        NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)

 

52.222-20     CONTRACTS FOR MATERIALS, SUPPLIES, ARTICLES, AND EQUIPMENT (JUN 2020)

 

52.222-21     PROHIBITION OF SEGREGATED FACILIT IES (APR 2015)

 

52.222-26     EQUAL OPPORTUNITY (SEP 2016) (Only subparagraphs(c) (1)-(11) applies.)

 

52.222-41     SERVICE CONTRACT LABOR STANDARDS (AUG 2018)

 

52.222-50     COMBATING TRAFFICKING IN PERSONS (OCT 2020) (A requirement for a compliance plan and certification appropriate to the size and complexity of the contract is required if any portion of the contract (i) is for supplies, other than COTS items, acquired outside the United States, or services to be performed outside the United States, and (ii) has an estimated value that exceeds $550,000.)

 

52.222-54     EMPLOYMENT ELIGIBILITY VERIFICATION (OCT 2015)

 

52.222-55     MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (NOV 2020)

 

52.222-62     PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN 2017)

 

52.223-6       DRUG-FREE WORKPLACE (MAY 2001)

 

52.223-7       NOTICE OF RADIOACTIVE MATERIALS (JAN 1997) (In the blank insert “30.”)

 

52.223-11     OZONE-DEPLETING  SUBSTANCES AND HIGH GLOBAL WARMING POTENTIAL HYDROFLUOROCARBONS (JUN 2016)

 

52.223-18     ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (JUN 2020)

 

52.225-1       BUY AMERICAN––SUPPLIES (JAN 2021)

 

52.225-5       TRADE AGREEMENTS (OCT 2019)

 

52.225-8       DUTY-FREE ENTRY (OCT 2010)

 

52.225-13     RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (FEB 2021)

 

52.225-26     CONTRACTORS PERFORMING PRIVATE SECURITY FUNCTIONS OUTSIDE THE UNITED STATES (OCT 2016)

 

52.227-1        AUTHORIZATION  AND CONSENT (JUN 2020)

 

52.232-16      PROGRESS PAYMENTS (JUN 2020)

 

52.232-32      PERFORMANCE-BASED PAYMENTS (APR 2012)

 

52.232-40      PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS  (DEC 2013) (Applicable to small businesses only and only when CTT INC is the Prime contractor)

 

52.244-2        SUBCONTRACTS (JUN 2020) (Only sections (g) and (h)apply)

 

52.244-6        SUBCONTRACTS FOR COMMERCIAL ITEMS (NOV2020)

 

52.245-1       GOVERNMENT   PROPERTY (JAN  2017) (Applicable if Government property is furnished in the performance of this Contract.  "Contracting Officer" means “CTT INC” except in the definition of Property Administrator and in paragraphs (h) (1) (iii) and where it is unchanged, and in paragraphs (c) and (h) (4) where it includes CTT INC. "Government" is unchanged in the phrases "Government property" and "Government furnished property" and where elsewhere used except in paragraph (d) (1) where it means "CTT INC" and except in paragraphs (d) (2) and (g) where the term includes CTT INC." The following is added as paragraph (n) “” SELLER” shall provide to CTT INC immediate notice of any disapproval, withdrawal of approval, or non-acceptance by the Government of SELLER’s property control system.".)

 

52.245-9       USE AND CHARGES (APR 2012)

 

52.246-16     RESPONSIBILITY FOR SUPPLIES (APR 1984)

 

52.246-26     REPORTING NONCONFORMING  ITEMS (JUN 2020)

 

52.247-64     PREFERENCE FOR PRIVATELY OWNED U.S.-FLAG COMMERCIAL VESSELS (FEB 2006)

 

2.    The following additional clauses apply to this Contract as defined by the respective FAR clause if the value of this Contract equals or exceeds $10,000 (for Commercial and Non-Commercial Items):

 

52.222-40     NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010)

 

3.    The following additional clauses apply to this Contract as defined by the respective FAR clause if the value of this Contract equals or exceeds $15,000 (for Commercial and Non-Commercial Items):

 

52.222-36     EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020)

 

4.    The following additional clauses apply to this Contract as defined by the respective FAR clause if the value of this Contract equals or exceeds $30,000 (for Commercial and Non-Commercial Items):

 

52.204-10     REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (JUN 2020)

 

5.    The following additional clauses apply to this Contract as defined by the respective FAR clause if the value of this Contract equals or exceeds $250,000 (for Commercial and Non-Commercial Items):

 

52.203-3       GRAT UITIES (APR 1984)

 

52.203-12     LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JUN 2020)

 

52.203-17     CONTRACTOR EMPLOYEE WHISTLEBLOWER  RIGHTS AND REQUIREMENTS TO INFORM EMPLOYEES OF WHISTLEBLOWER  RIGHTS (JUN 2020).

 

52.222-35     EQUAL OPPORTUNITY FOR VETERANS (JUN 2020)

 

52.222-37     EMPLOYMENT REPORTS ON VETERANS (JUN 2020)

 

52.229-3       FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)

 

52.229-4       FEDERAL, STATE AND LOCAL TAXES (STATE AND LOCAL ADJUSTMENTS) (FEB 2013)

 

52.229-6       TAXES – FOREIGN FIXED-PRICE CONTRACTS (FEB  2013)

 

52.229-7       TAXES – FIXED-PRICE CONTRACTS WITH FOREIGN GOVERNMENTS (FEB 2013)

 

52.244-5       COMPETITION IN SUBCONTRACTING  (DEC 1996)

 

6.      The following additional clauses apply to this Contract as defined by the respective FAR clause if the value of this Contract equals or exceeds $750,000 (for Commercial and Non-Commercial Items): 52.219-9 SMALL BUSINESS SUBCONTRACTING  PLAN (JUN 2020).  (The SELLER’s subcontracting plan is incorporated herein by reference.)

 

52.219-16     LIQUIDATED DAMAGES – SUBCONTRACTING  PLAN (JAN 1999) (Delete subparagraphs (d) and (e).)

 

7.    The following additional clauses apply to this Contract as defined by the respective FAR clause if the value of this Contract equals or exceeds $5,500,000 (for Commercial and Non-Commercial Items):

 

52.209-11     REPRESENT ATION BY CORPORATIONS REGARDING DELIQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

 

52.209-1       CERTIFICATION REGARDING TAX MATTERS (OCT2020)

 

8.      The following additional clauses apply to this Contract as defined by the respective FAR clause if the value of this Contract equals or exceeds $6,000,000 and the period of performance exceeds 120 days (For Commercial and Non- Commercial Items):

 

52.203-13     CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (JUN 2020)

 

52.203-14     DISPLAY OF HOTLINE POSTER(S) (JUN 2020) (Contact CTT INC Procurement Representative if assistance is required obtaining any required posters.)

 

9.    The following additional clauses apply to this Contract as defined by the respective FAR clause if the Contract is for a Non- Commercial Item:

 

52.208-8       REQUIRED SOURCES FOR HELIUM AND HELIUM USAGE DATA (AUG 2018)

 

52.211-5       MATERIAL REQUIREMENTS (AUG 2000)

 

52.215-10     PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA (AUG 2011) (Rights and obligations under this clause shall survive completion of the Work and final payment under this Contract.

 

52.215-11     PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA - MODIFICATIONS (JUN 2020) (Rights and obligations under this clause shall survive completion of the work and final payment under this Contract.

 

52.215-15     PENSION ADJUSTMENTS AND ASSET REVERSIONS (OCT 2010)

 

52.215-16     FACILITIES CAPITAL COST OF MONEY (JUNE 2003)

 

52.215-17     WAIVER OF FACILITIES CAPITAL COST OF MONEY (OCT 1997)

 

52.215-18     REVERSION OR ADJUSTMENT OF PLANS FOR POSTRETIREMENT  BENEFITS (PRB) OTHER THAN PENSIONS (JUL 2005)

 

52.215-19     NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997) (In paragraph (a)(1) and (a)(2) “30 days” is changed to “25 days.”)

 

52.223-3       HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (FEB 2021)

 

52.224-2        PRIVACY ACT (APR 1984)

 

52.227-9        REFUND OF ROYALTIES (APR 1984)

 

52.227-10     FILING OF PATENT APPLICATIONS-CLASSIFIED SUBJECT MATTER (DEC 2007)

 

52.227-11     PATENT RIGHTS-OWNERSHIP  BY THE CONTRACTOR (MAY 2014) (Reports required by this clause shall be filed with the agency identified in this Contract. If no agency is identified, contact the CTT INC Procurement Representative identified on the face of this Contract.)

 

52.227-13     PATENT RIGHTS-OWNERSHIP  BY THE GOVERNMENT (DEC 2007) (Reports required by this clause shall be filed with the agency identified in this Contract. If no agency is identified, contact the CTT INC Procurement Representative identified on the face of this Contract.)

 

52.227-14     RIGHTS IN DATA - GENERAL (MAY 2014)

 

52.228-3       WORKERS’ COMPENSATION INSURANCE (DEFENSE BASE ACT) (JUL 2014) (The SELLER shall insert, in all subcontracts under this Contract to which the Defense Base Act applies, a clause similar to this clause (including this sentence) imposing upon those subcontractors this requirement to comply with the Defense Base Act.)

 

52.228-4       WORKERS’ COMPENSATION AND WAR-HAZARD INSURANCE OVERSEAS (APR 1984) The SELLER shall insert, in all subcontracts under this Contract (i) to which the Defense Base Act would apply but for the waiver and (ii) to which the War Hazards Compensation Act would apply unless the Contactor elects to assume directly the liability to subcontractor employees, a clause similar to this  clause (including this sentence) imposing upon those subcontractors this requirement to provide workers ‘compensation insurance Coverage and/or war- hazard benefits.)

 

52.228-5       INSURANCE – WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

 

52.229-10     STATE OF NEW MEXICO GROSS RECEIPTS AND COMPENSATING TAX (APR 2003)

 

52.230-2       COST ACCOUNTING STANDARDS (JUN  2020) (When referenced in this Contract, full CAS Coverage applies. Delete paragraph (b) of the clause.)

 

52.230-3       DISCLOSURE AND CONSISTENCY OF COST ACCOUNTING PRACTICES (JUN 2020) (When referenced in this Contract, Modified CAS Coverage applies. Delete paragraph (b) of the clause.)

 

52.230-4       DISCLOSURE AND CONSISTENCY OF COST ACCOUNTING PRACTICES – FOREIGN CONCERNS (JUN 2020)

 

52.230-5       COST ACCOUNTING STANDARDS-EDUCATIONAL INSTITUTION (JUN 2020) (When referenced in this Contract, full CAS Coverage applies. Delete paragraph (b) of the clause.)

 

52.230-6       ADMINISTRATION  OF COST ACCOUNTING STANDARDS (JUN 2010)

 

52.233-3       PROTEST AFTER AWARD (AUG 1996) (In the event CTT INC Customer has directed CTT INC to stop performance of the Work under the Prime Contract under which this Contract is issued pursuant to FAR 33.1, CTT INC may, by written order to SELLER, direct Contractor to stop performance of the Work called for by this Contract. “30 days” means “20 days” in paragraph (b) (2). In paragraph (f) add after “33.104(h) (1)” “and recovers those costs from CTT INC.” For the purposes of this clause, the first reference to “Government” shall mean Government.)

 

52.234-1       INDUSTRIAL RESOURCES DEVELOPED UNDER TITLE III, DEFENSE PRODUCTION ACT (SEP 2016)

 

52.237-2       PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984)

 

52.239-1        PRIVACY OR SECURITY SAFEGUARDS (AUG 1996)

 

52.242-15     STOP-WORK ORDER (AUG 1989) (In paragraph (a) “90 days” is changed to “100 days,” in paragraph (b) “30 days” is changed to “20 days.”)

 

52.243-6       CHANGE ORDER ACCOUNTING (APR 1984) (Applicable only if the Prime Contract requires Change Order Accounting.)

 

52.247-63     PREFERENCE FOR U.S.-FLAG AIR CARRIERS (JUN 2003) (Applicable if this Contract involves international air transportation.)

 

10.  The following additional clauses apply to this Contract as defined by the respective FAR clause if the Contract equals or exceeds $150,000 and is for a Non-Commercial Items:

 

52.203-5       COVENANT AGAINST CONTINGENT FEES (MAY 2014)

 

52.203-6       RESTRICTIONS ON SUBCONTRACTOR  SALES TO THE GOVERNMENT (JUN 2020)

 

52.203-7       ANTI-KICKBACK PROCEDURES (JUN 2020)

 

52.203-10     PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

 

52.203-16     PREVENTING PERSONAL CONFLICTS OF INTEREST (JUN 2020)

 

52.204-5       WOMEN-OWNED BUSINESS (OT HER THAN SMALL BUSINESS) (OCT 2014)

 

52.215-2       AUDIT AND RECORDS-NEGOTIATION (JUN 2020)

 

52.215-14     INTEGRITY OF UNIT PRICES (JUN 2020) (Delete paragraph (b) of the clause.)

 

52.222-4       CONTRACT WORK HOURS AND SAFETY STANDARDS ACT -OVERTIME COMPENSATION (MAR 2018)

 

52.222-38     COMPLIANCE WITH VETERANS’ EMPLOYMENT REPORTING REQUIREMENTS (FEB 2016)

 

52.227-2       NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (JUN 2020)

 

52.242-13     BANKRUPTCY (JUL 1995)

 

52.248-1       VALUE ENGINEERING (JUN 2020)

 

11.  The following additional clauses apply to this Contract as defined by the respective FAR clause if the Contract equals or exceeds $750,000 and is for a Non-Commercial Item:

 

52.215-12     SUBCONTRACTOR  COST OR PRICING DATA (JUN     2020)

 

52.215-13     SUBCONTRACTOR  COST OR PRICING DATA - MODIFICATIONS (JUN 2020)

 

12.  The following additional clauses apply to this Contract as defined by the respective FAR clause if the Contract equals or exceeds $10,000,000:

 

52.222-24     PREAWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE EVALUATION (FEB 1999)

 

13.  The following additional clauses apply to this Contract as defined by the respective FAR clause if the Contract is Fixed Price for Non- Commercial Items:

 

52.214-26     AUDIT AND RECORDS- SEALED BIDDING (JUN 2020)

 

52.214-27     PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA – MODIFICATIONS – SEALED BIDDING (JUN 2020)

 

52.214-28     SUBCONTRACTOR  CERTIFIED COST OR PRICING DATA – MODIFICATIONS – SEALED BIDDING (JUN 2020)

 

52.216-5       PRICE REDETERMINATION  - PROSPECTIVE (OCT 1997) (Applicable if the requirements of FAR 16.205-2 and FAR 16.205-3(a) through (d) have been met and this clause is expressly incorporated in this Contract. In subparagraph (j) change “the Contracting Officer shall promptly issue a decision in accordance with the Disputes clause” to “CTT INC shall promptly issue a decision, which decision may be appealed by SELLER pursuant to the Disputes/Jury Waiver clause of this Contract.”.)

 

52.216-6       PRICE REDETERMINATION-RETROACTIVE (OCT 1997) (In subparagraph (i) change “the Contracting Officer shall promptly issue a decision in accordance with the Disputes clause” to “CTT INC shall promptly issue a decision, which decision may be appealed by SELLER pursuant to the Disputes/Jury Waiver clause of this Contract.”)

 

52.216-16     INCENTIVE PRICE REVISION-FIRM TARGET (OCT 1997) ALTERNATE I (APR  1984) (In subparagraph (i) change “the Contracting Officer shall promptly issue a decision in accordance with the Disputes clause” to “CTT INC shall promptly issue a decision, which decision may be appealed by SELLER pursuant to the Disputes/Jury Waiver clause of this Contract.”.)

 

52.216-17     INCENTIVE PRICE REVISION– SUCCESSIVE TARGETS (OCT  1997) (In subparagraph (k) change “the Contracting Officer shall promptly issue a decision in accordance with the Disputes clause” to “CTT INC shall promptly issue a decision, which decision may be appealed by SELLER pursuant to the Disputes/Jury Waiver clause of this Contract.”)

 

52.243-1       CHANGES - FIXED PRICE (AUG 1987) (Replace paragraph (a) with the following:  CTT INC Procurement Representative may at any time, by written order, and without notice to sureties,  if any, direct  changes  within the general scope of this Contract in any one or more of the following: (i) technical requirements and descriptions, specifications, statement  of   work   (“ SOW”),  drawings   or  designs;  (ii) shipment or packing methods; (iii) place of delivery, inspection or acceptance;  (iv) reasonable adjustments in quantities or delivery schedules or both; (v) amount of CTT INC furnished   property;  and  (vi)  if  this  Contract includes services: (x) description of services to be performed; (y) time of performance (e.g., hours of the day, days of the week, etc.); and (z) place of performance. SELLER shall comply immediately with such direction.)

 

52.246-2       INSPECTION OF SUPPLIES - FIXED PRICE (AUG 1996)

 

52.246-4      INSPECTION OF SERVICES - FIXED PRICE (AUG  1996)

 

52.246-7       INSPECTION OF RESEARCH AND DEVELOPMENT – FIXED PRICE (AUG 1996).

 

52.249-2       TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (APR 2012) (In paragraph (n) “Government” means “CTT INC and the Government” and “Contracting Officer” means “CTT INC or the Contracting Officer.” In paragraph (c) “120 days” is changed to “60 days.” In paragraph (d) “15 days” is changed to “30 days,” and “45 days” is changed to “60 days.” In paragraph (e) “1 year” is changed to “6 months.” In paragraph (l) “90 days” is changed to “45 days.” Settlements and payments under this clause may be subject to the approval of the Contracting Officer.)

 

52.249-8       DEFAULT (FIXED PRICE SUPPLY AND SERVICE) (APR 1984) (Timely performance is a material element of this Contract.)

 

14.  The following additional clauses apply to this Contract as defined by the respective FAR clause if the Contract is Cost Type or Time and Material or Fixed Price Incentive for a Non-Commercial Items:

 

52.216-8       FIXED FEE (JUN 2011)

 

52.216-10     INCENTIVE FEE (JUN 2011) (The amounts in paragraph (e) are set forth on the face of this Contract. In subparagraphs (e) (4) (v) and (e) (4) (vi) where “Government” is unchanged.)

 

52.216-11     COST CONTRACT – NO FEE (APR 1984)

 

52.216-12     COST-SHARING CONTRACT – NO FEE (APR 1984)

 

52.222-2       PAYMENT FOR OVERTIME PREMIUMS (JUL 1990) (Insert ZERO in the Blank.)

 

52.229-8       TAXES – FOREIGN COST REIMBURSEMENT  CONTRACTS (MAR 1990)

 

52.229-9       TAXES – COST REIMBURSEMENT  CONTRACTS WITH FOREIGN GOVERNMENTS (MAR 1990)

 

52.232-7       PAYMENTS UNDER TIME-AND-MATERIALS AND LABOR-HOUR CONTRACTS (AUG 2012)

 

52.232-20     LIMITATION OF COST (APR 1984) (Applicable when this Contract becomes fully funded)

 

52.232-22     LIMITATION OF FUNDS (APR  1984) (Applicable if this Contract is incrementally funded. When this Contract becomes fully funded 52.232-20 shall apply in lieu of this clause.)

 

52.234-4       EARNED VALUE MANAGEMENT SYSTEM (NOV  2016)

 

52.242-1       NOTICE OF INTENT TO DISALLOW COSTS (APR 1984) (In paragraph (a)(2) the first time “60 days” is cited it shall be changed to “45 days”, the second time “60 days” is cited it shall be changed to “75 days”.)

 

52.243-2       CHANGES - COST REIMBURSEMENT  (AUG 1987). (Replace  paragraph  (a) with the following:  CTT INC Procurement Representative may at any time, by written order, and without notice to sureties, if any, direct changes within the general  scope  of this  Contract  in  any  one  or  more  of the following: (i) technical requirements and descriptions, specifications,   statement  of   work  (“ SOW”),  drawings   or designs; (ii) shipment or packing methods; (iii) place of delivery, inspection or acceptance;  (iv) reasonable adjustments in quantities or delivery schedules or both; (v) amount of CTT INC furnished property; and (vi) if this Contract includes services: (x) description of services to be performed;  (y) time of performance  (e.g., hours of the day, days of the week, etc.); and (z) place of performance.  Contractor shall comply immediately with such direction.)

 

52.243-3       CHANGES - TIME-AND-MATERIALS OR LABOR- HOURS (SEP 2000) (Replace paragraph (a) with the following: CTT INC Procurement Representative may at any time, by written order, and without notice to sureties, if any, direct changes within the general scope of this Contract in any one or more of the following: (i) technical requirements and descriptions, specifications, statement of work (“ SOW”), drawings or designs; (ii) shipment or packing methods; (iii) place  of delivery, inspection  or acceptance; (iv) reasonable e adjustments in quantities or delivery  schedules  or both; (v) amount of CTT INC furnished property; and (vi) if this Contract  includes

services: (x) description  of services to be performed; (y) time of performance (e.g., hours of the day, days of the week, etc.); and (z) place of performance. Contractor shall comply immediately with such direction.)

 

52.246-3       INSPECTION OF SUPPLIES - COST REIMBURSEMENT  (MAY 2001) (In subparagraph (e) change “60 days” to “120 days” and in subparagraph (f) change “6 months “to” 12 months”.)

 

52.246-5       INSPECTION OF SERVICES - COST REIMBURSEMENT  (APR 1984)

 

52.246-6       INSPECTION - TIME-AND-MATERIAL AND LABOR- HOUR (MAY 2001)

 

52.246-8       INSPECTION OF RESEARCH AND DEVELOPMENT – COST-REIMBURSEMENT (MAY 2001).

 

52.249-6       TERMINATION (COST-REIMBURSEMENT) (MAY 2004) (Substitute “60 days” for “120 days” and “60 days” for “120 days” in paragraph (d). Substitute “150 days” for “1 year” in paragraph (f).  Delete paragraph (j). Settlements and payments under this clause may be subject to the approval of the Contracting Officer.)

 

52.249-14     EXCUSABLE DELAYS (APR 1984)

 

15.  The following additional clauses apply to this Contract as defined by the respective FAR clause if the Contract is for a Commercial Item:

 

52.212-5       CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERICAL ITEMS (JAN 2021)

 

E. CERTIFICATIONS  AND REPRESENTATIONS

 

This Subsection contains certifications and representations that are material representations of fact upon which CTT INC will rely in making awards to Contractor. By submitting its written offer, or providing oral offers/quotations at the request of CTT INC, or accepting any Contract, Contractor certifies  to the representations  and certifications  as set forth  below in this Subsection .These certifications and representations shall apply whenever these terms and conditions are incorporated by reference in any Contract, agreement, other contractual document or any quotation, request for quotation (oral or written), request for proposal or solicitation (oral or written), issued by CTT INC. Contractor shall immediately notify CTT INC of any change of status with regard to these certifications and representations.

 

1.    The following additional clauses apply to this Contract as defined by the respective FAR clause:

 

52.203-2       Certificate of Independent Price Determination (APR 1985)

 

52.203-11     Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (SEP 2007)

 

52.209-2       Prohibition on Contracting with Inverted Domestic Corporations –Representation (NOV 2015)

 

52.225-20     Prohibition on Conducting Restricted Business Operations in Sudan – Certification (AUG 2009)

 

52.225-25     Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran – Representation and Certification (JUN 2020)

 

2.    The following additional referenced clauses apply to this Contract as written:

 

a)     FAR 52.209-5 Certification Regarding Responsibility Matters (AUG 2020) (1) The SELLER certifies, to the best of its knowledge and belief, that

 

The SELLER and/or any of its principals:

 

1)   Are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any

Federal agency;

 

2)   Have not, within a three-year  period preceding  this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery,  bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property.

 

3)   Are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph 2) of this provision; and

 

4)      Have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

 

i.               The SELLER has not, within a three-year period preceding this offer, had one or more contracts terminated for default t by any Federal agency.

 

b)   FAR 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (JUN 2020) incorporated herein by reference, with the same force and effect as if they were given in full text, and:

 

1) Contractor certifies that, to the best of its knowledge and belief, that Contractor and/or any of its principals, (as defined in FAR 52.209-6) are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency

 

2)  Contractor shall provide immediate written notice to CTT INC if, any time prior to award of any Contract, it learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

 

c)    FAR 52.222-22 Previous Contracts and Compliance Reports (FEB 1999).

 

Contractor represents that if Contractor has participated in a previous contract or subcontract subject to the Equal Opportunity clause (FAR 52.222-26) (i) Contractor has filed all required compliance reports and: (ii) that representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.

 

d)   FAR 52.222-25 Affirmative Action Compliance (APR 1984).

 

Contractor represents (1) that Contractor has developed and has on file at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 C.F.R. 60-1 and 60-2), or (2) that in the event such a program does not presently exist, Contractor will develop and place in operation such a written Affirmative Action Compliance Program within 120 days from the award of this Contract.

 

 

e)    FAR 52.209-7 (OCT 2018) Information Regarding Responsibility Matters.

 

If SELLER has current active Federal contracts and grants with a total value greater than $10,000,000, the SELLER represents, by submission of this offer, that the information it has entered in the FAPIIS is current, accurate, and complete as of the date of the submission of the offer with regard to the following:

 

1.      Whether SELLER and/or any of its principals has, with in the last five years, been subject of a proceeding at the Federal or State level that resulted in a criminal conviction, a civil proceeding with a finding of fault and liability that results in the payment of $5,000 or more, or an administrative proceeding with a finding of fault and liability that results in a fine of $5,000 or more or restitution for damages in excess of $100,000.

 

2.      The SELLER shall post the information of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisitions.gov

 

3.     The following additional representations apply:

 

CONFLICT OF INTEREST

 

a)     Seller acknowledges that FAR Subpart 9.5, Organizational and Consultant Conflicts of Interest, governs Work performed under this Agreement.

 

b)   Seller represents and warrants that there are no actual, potential, or perceived conflicts of interest associated with its Work for CTT INC; that it will comply with all CTT INC policies and procedures related to Work with current United States Government employees; and that it is not prohibited by law or regulation from receiving compensation from CTT INC for delivering and/or performing Work under this Agreement. Should any actual, potential, or perceived conflict of interest arise in connection with this Agreement, Seller shall notify CTT INC immediately, but in no event later than one (1) calendar day after becoming aware of such conflict of interest.

 

c)     CTT INC, at its sole discretion and on a case-by-case basis, will determine whether a conflict of interest exists or is likely to arise.   If CTT INC determines that an actual, potential, or perceived conflict of interest exists, it may impose on Seller appropriate constraints to neutralize or mitigate that conflict of interest, up to and including, termination of this Agreement.

 

d)   The term  Seller  as  used  in  this  Article  shall  mean:  (1)  the organization entering into this Agreement with CTT INC; (2) all business organizations with which Seller may merge, join, or affiliate,  now or in the future and in any manner whatsoever, or which hold or may obtain, by purchase, merger,  or otherwise, direct   or   indirect   control   of   Seller;   (3) Seller’s   parent organization, if any, and any of its present or future subsidiaries, associates, affiliates,  or holding companies, and; (4) any organization or enterprise over which Seller has direct or indirect control, now or in the future.

 

e)     In connection with a particular constraint, Seller may submit a proposal to CTT INC for the purpose of indicating potential measures to avoid or mitigate a conflict.  CTT INC, at its sole discretion, may accept or reject Seller’s proposal

 

4.   52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS-CERTIFICATION (FEB 2021)

 

a)     This provision does not apply to acquisitions at or below the simplified acquisition threshold or to acquisitions of commercial items as defined at FAR 2.101.

 

b)   Certification by submission of offer and/or acceptance of this order

 

(1)  The SELLER certifies that:

 

(i)          It does not engage and has not engaged in any activity that contributed to or was a significant factor in the President’s or Secretary of State’s determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C.

2593a). The report is available at https://www.state.gov/t/avc/rls/rpt/; and

(ii)         No  entity owned  or controlled  by the Offeror  has engaged  in  any  activity  that contributed  to or was  a significant  factor   in  the  President’s  or  Secretary   of State’s determination that a foreign  country is in violation of its obligations  undertaken   in  any  arms control, nonproliferation,  or disarmament agreement  to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available at https://www.state.gov/t/avc/rls/rpt/; IF SELLER instead is providing separate information with its offer in accordance with paragraph (d)(2) of this provision. These Terms must be amended based on such submission and acceptance thereof.

 

F. DFARS FLOWDOWN CLAUSES

 

Note: If the respective PO or Subcontract identifies this as non-Department of Defense, then the following clauses do not apply:

 

1.    The following additional clauses apply to this Contract as defined by the respective DFARS clause (for Commercial and

Non-Commercial Items):

 

252.204-7000      DISCLOSURE OF INFORMATION (OCT 2016)

 

252.204-7008       COMPLIANCE    WITH    SAFEGUARDING     COVERED DEFENSE INFORMATION CONTROLS (OCT 2016)

 

252.204-7009       LIMITATIONS ON THE USE AND DISCLOSURE OF THIRD-PARTY CONTRACTOR REPORTED CYBER INCIDENT INFORMATION (OCT 2016)

 

252.204-7010       REQUIREMENT FOR CONTRACTOR TO NOTIFY DOD IF THE CONTRACTOR’S ACTIVITIES ARE SUBJECT TO REPORTING UNDER THE U.S.-INTERNATIONAL AT OMIC ENERGY AGENCY ADDITIONAL PROT OCOL (JAN 2009)

 

252.204-7012       SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (DEC 2019)

 

252.204-7015       NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION SUPPORT (MAY 2016)

 

252.204-701         PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES (JAN 2021)

 

252.204-7019       NOTICE OF NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (NOV 2020)

 

252.204-7020       NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (NOV 2020)

 

252.204-7021       CYBERSECURITY  MAT URITY MODEL CERTIFICATION REQUIREMENTS (NOV 2020)

 

252.208-7000       INTENT TO FURNISH PRECIOUS METALS AS GOVERNMENT-FURNISHED MATERIAL (DEC 1991)

 

252.209-7999       REPRESENT ATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW

 

252.211-7003       ITEM UNIQUE IDENTIFICATION  AND VALUATION (MAR 2016)

 

252.211-7007       REPORTING OF GOVERNMENT-FURNISHED PROPERTY (AUG 2012)

 

252.219-7003       SMALL BUSINESS SUBCONTRACTING  PLAN (DoD Contracts) (DEC 2019)

 

252.219-7004       SMALL BUSINESS SUBCONTRACTING  PLAN (TEST PROGRAM) (MAY 2019)

 

252.223-7001       HAZARD WARNING LABELS (DEC 1991)

 

252.223-7002       SAFETY PRECAUTIONS FOR AMMUNITION AND EXPLOSIVES (MAY 1994)

 

252.223-7003       CHANGE IN PLACE OF PERFORMANCE -AMMUNITION AND EXPLOSIVES (DEC 1991)

 

252.223-7006       PROHIBITION ON STORAGE, TREATMENT. AND DISPOSAL OF TOXIC OR HAZARDOUS MATERIALS (SEP 2014)

 

252.223-7007       SAFEGUARDING SENSITIVE CONVENTIONAL ARMS, AMMUNITION, AND EXPLOSIVES (SEP 1999)

 

252.223-7008       PROHIBITION OF HEXAVALENT CHROMIUM (JUN 2013)

 

252.225-7001       BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM (DEC 2017)

 

252.225-7007       PROHIBITION ON ACQUISITION OF CERTAIN ITEMS FROM COMMUNIST CHINESE MILITARY COMPANIES (DEC 2018)

 

252.225-7008       RESTRICTION ON ACQUISITION OF SPECIALTY METALS (MAR 2013)

 

252.225-7009       RESTRICTION ON ACQUISITION OF CERTAIN ARTICLES CONTAINING SPECIALTY METALS (DEC 2019) (paragraphs (c) (6), (d), and (e) (1) are deleted)

 

252.225-7010       COMMERCIAL DERIVATIVE MILITARY ARTICLE- SPECIALTY METALS COMPLIANCE CERTIFICATE (JUL 2009)

 

252.225-7012       PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (DEC 2017)

 

252.225-7013      DUTY-FREE ENTRY (APR 2020)

 

252.225-7015       RESTRICTION ON ACQUISITION OF HAND OR MEASURING TOOLS (JUN 2005)

 

252.225-7016       RESTRICTION ON ACQUISITION OF BALL AND ROLLER BEARINGS (JUN 2011)

 

252.225-7017       PHOT OVOLTAIC DEVICES (JAN 2020)

 

252.225-7018       PHOT OVOLTAIC DEVICES – CERTIFICATE (JAN 2020)

 

252.225-7021       TRADE AGREEMENTS-BASIC  (SEP 2019) (Applicable in lieu of the clause at FAR 52.225-5 TRADE AGREEMENTS)

 

252.225-7025       RESTRICTION ON ACQUISITION OF FORGINGS (DEC 2009)

 

252.225-7030       RESTRICTION ON ACQUISITION OF CARBON, ALLOY, AND ARMOR STEEL PLATE (DEC 2006)

 

252.225-7031       SECONDARY ARAB BOYCOTT OF ISRAEL (JUN 2005)

 

252.225-7032       WAIVER OF UNITED KINGDOM LEVIES- EVALUATION OF OFFERS (APR 2003)

 

252.225-7033       WAIVER OF UNITED KINGDOM LEVIES (APR 2003)

 

252.225-7036       BUY AMERICAN – FREE TRADE AGREEMENTS – BALANCE OF PAYMENTS PROGRAM-BASIC  (DEC 2017)

 

252.225-7039       DEFENSE CONTRACTORS PERFORMING PRIVATE SECURITY FUNCTIONS OUTSIDE OF THE UNITED STATES (JUN 2016)

 

252.225-7040       CONTRACTOR PERSONNEL SUPPORTING U.S. ARMED FORCES DEPLOYED OUTSIDE THE UNITED STATES (OCT 2015)

 

252.225-7043       ANTITERRORISM/FORCE PROTECTION FOR DEFENSE CONTRACTORS OUTSIDE THE UNITED STATES (JUN 2015)

 

252.225-7048      EXPORT-CONTROLLED ITEMS (JUN 2013)

 

252.226-7001       UTILIZATION OF INDIAN ORGANIZATIONS,  INDIAN- OWNED ECONOMIC ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS (APR 2019) (In e (1), “Contractor” shall mean CTT INC.)

 

252.229-7011       REPORTING OF FOREIGN TAXES – U.S. ASSISTANCE PROGRAMS (SEP 2005)

 

252.231-7000       SUPPLEMENTAL COST PRINCIPLES (DEC 1991)

 

252.232-7015       PERFORMANCE-BASED PAYMENTS – REPRESENTATION  (APR 2020) (REQUIRED FOR CONTRACTS THAT INCLUDE PERFORMANCE-BASED PAYMENTS)

 

252.232-7016       NOTICE OF PROGRESS PAYMENTS OR PERFORMANCE-BASED PAYMENTS (APR 2020) (REQUIRED FOR CONTRACTS THAT INCLUDE PERFORMANCE-BASED PAYMENTS)

 

252.232-7017       ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS  – PROHIBITION ON FEES AND CONSIDERATION  (APR 2020) (APPLICABLE TO SMALL BUSINESSES ONLY AND ONLY WHEN CTT INC IS THE PRIME CONTRACTOR)

 

252.235-7003       FREQUENCY AUT HORIZATION-BASIC  (MAR 2014)

 

252.237-7019       TRAINING FOR CONTRACTOR PERSONNEL INTERACTING WITH DETAINEES (JUN 2013)

 

252.239-7009       REPRESENT ATION OF USE OF CLOUD COMPUTING (SEP 2015)

 

252.239-7010      CLOUD COMPUTING SERVICES (OCT 2016)

 

252.239-7016       TELECOMMUNICATIONS SECURITY EQUIPMENT, DEVICES, TECHNIQUES, AND SERVICES (DEC 1991)

 

252.239-7017       NOTICE OF SUPPLY CHAIN RISK (FEB 2019)

 

252.239-7018       SUPPLY CHAIN RISK (FEB 2019)

 

252.243-7001       PRICING OF CONTRACT MODIFICATIONS (DEC 1991)

 

252.244-7000       SUBCONTRACTS FOR COMMERCIAL ITEMS (DoD CONTRACTS) (OCT 2020)

 

252.245-7004       REPORTING, REUTILIZATION, AND DISPOSAL (DEC 2017)

 

252.246-7001       WARRANTY OF DATA-BASIC (MAR 2014) ALT ERNATE II (MAR 2014)

 

252.246-7003       NOTIFICATION OF POTENTIAL SAFETY ISSUES (JUN 2013) (SUPPLIER   shall   provide   notifications to   CTT INC and the ACO and PCO for the Prime Contract.)

 

252.246-7007       CONTRACTOR COUNTERFEIT ELECTRONIC PART DETECTION AND AVOIDANCE SYSTEM (Applicable for CAS-covered suppliers) (AUG 2016)

 

252.246-7008       SOURCES OF ELECTRONIC PARTS (MAY 2018)

 

Under Clause  COUNTERFEIT PARTS: PREVENTION AND NOTIFICATION, paragraph c): Additionally, the SELLER’S Counterfeit Parts Prevention and Detection system shall have expanding levels of control based on increasing risk in order to ensure that human safety and mission success are not compromised. Determination of risk shall be based on the assessed probability of receiving a counterfeit electronic part, the probability that the inspection or test method selected will detect a Counterfeit Electronic Part, and the potential negative consequences of a Counterfeit Electronic Part being used. The system shall include a process for keeping continually informed of current counterfeiting information, trends and GIDEP reports, using such information to continuously update internal procedures and systems as necessary. The system shall consider means to contribute to the abolishment of Counterfeit Electronic Parts proliferation.

 

Additionally, for either products delivered under this contract containing Electronic Parts or Electronic Parts procured for this contract:  If Electronic Parts are determined to be Counterfeit Electronic Parts or Suspect Counterfeit Electronic Parts, notification will also be made not later than 60 days after such determination to the Government-Industry  Data Exchange Program (GIDEP).

 

 

2.    The following additional clauses apply to this Contract as defined by the respective DFARS clause if the value of this

Contract equals or exceeds $150,000 (for Commercial and Non-Commercial Items):

 

252.209-7002       DISCLOSURE OF OWNERSHIP OR CONTROL BY A FOREIGN GOVERNMENT (JUN 2010)

 

252.225-7050       DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A COUNTRY THAT IS A STATE SPONSOR OF TERRORISM (DEC 2018)

 

252.244-7001       CONTRACTOR PURCHASING SYSTEM ADMINISTRATION  (MAY 2014)

 

252.247-7023       TRANSPORTATION  OF SUPPLIES BY SEA-BASIC (FEB 2019) (Applicable in lieu of FAR 52.247-64 in all Contracts for ocean transportation of supplies. In the first sentence of paragraph (g), insert a period after “Contractor” and delete the balance of the sentence. Paragraph (f) and (g) shall not apply if this Contract is at or below $150,000.)

 

252.249-7002       NOTIFICATION OF ANTICIPATED CONTRACT TERMINATION OR REDUCTION (JUN 2020)

 

3.      The following additional clauses apply to this Contract as defined by the respective FAR clause if the Contract equals or exceeds $5,500,000 and is for a Non-Commercial Item:

 

252.203-7004         DISPLAY OF HOTLINE POSTER(S) (AUG 2019)

 

4.    The following additional clauses apply to this Contract as defined by the respective DFARS clause if the Contract is for a

Non-Commercial Item:

 

252.203-7002       REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER  RIGHTS (SEP 2013)

 

252.215-7002      COST ESTIMATING SYSTEM REQUIREMENT (DEC2012)

 

252.222-7000       RESTRICTIONS ON EMPLOYMENT OF PERSONNEL (MAR 2000)

 

252.227-7013       RIGHTS IN TECHNICAL DATA-NON-COMMERCIAL ITEMS (FEB 2014) (Applicable in lieu of FAR 52.227-14)

 

252.227-7014       RIGHTS IN NON-COMMERCIAL  COMPUTER SOFTWARE AND NON-COMMERCIAL COMPUTER SOFTWARE DOCUMENT ATION (FEB 2014)

 

252.227-7016       RIGHTS IN BID OR PROPOSAL INFORMATION (JAN 2011)

 

252.227-7018       RIGHTS IN NONCOMMERCIAL  TECHNICAL DATA AND COMPUTER SOFTWARE-SMALL  BUSINESS INNOVATION RESEARCH (SBIR) PROGRAM (FEB 2014)

 

252.227-7019       VALIDATION OF ASSERTED RESTRICTIONS- COMPUTER SOFTWARE (SEP 2016)

 

252.227-7025       LIMITATIONS ON THE USE OR DISCLOSURE OF GOVERNMENT-FURNISHED INFORMATION MARKED WITH RESTRICTIVE LEGENDS (MAY 2013)

 

252.227-7026       DEFERRED DELIVERY OF TECHNICAL DATA OR COMPUTER SOFTWARE (APR 1988)

 

252.227-7027       DEFERRED ORDERING OF TECHNICAL DATA OR COMPUTER SOFTWARE (APR 1988)

 

252.227-7028       TECHNICAL DATA OR COMPUTER SOFTWARE PREVIOUSLY DELIVERED TO THE GOVERNMENT (JUN1995) (In this clause, the term “contract” and “subcontract “shall not change in meaning.)

 

252.227-7030       TECHNICAL DATA - WITHHOLDING OF PAYMENT (MAR 2000)

 

252.227-7037       VALIDATION   OF   RESTRICTIVE MARKINGS   ON TECHNICAL DATA (SEP 2016)

 

252.227-7038       PATENT RIGHTS - OWNERSHIP BY THE CONTRACTOR (LARGE BUSINESS) (JUN 2012)

 

252.228-7001      GROUND AND FLIGHT RISK (JUN 2010)

 

252.228-7005       MISHAP REPORTING AND INVESTIGATION INVOLVING AIRCRAFT, MISSILES, AND SPACE LAUNCH VEHICLES (NOV 2019)

 

252.242-7005        CONTRACTOR BUSINESS SYSTEMS (FEB 2012)

 

5.      The following additional clauses apply to this Contract as defined by the respective DFARS clause if the Contract equals or exceeds $150,000 and is for a Non-Commercial Item:

 

252.203-7001       PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE CONTRACT-RELATED FELONIES (DEC 2008) (In this clause, the terms “contract,” “contractor,” and “subcontract” shall not change in meaning in paragraphs (a) thru (d).)

 

6.      The following additional clauses apply to this Contract as defined by the respective DFARS clause if the Contract equals or exceeds $1,000,000 and is for a Non-Commercial Item:

 

252.222-7006       RESTRICTIONS ON THE USE OF MANDATORY ARBITRATION AGREEMENTS (DEC 2010)

 

7.      The following additional clauses apply to this Contract as defined by the respective DFARS clause if the Contract equals or exceeds $50,000,000 and is for a Non-Commercial Item:

 

252.234-7004       COST AND SOFTWARE DATA REPORTING SYSTEM- BASIC (NOV 2014)

 

8.    The following additional clauses apply to this as defined by the respective DFARS clause if the Contract is for a Commercial Item:

 

252.227-7015       TECHNICAL DATA - COMMERCIAL ITEMS (FEB 2014)

 

9.    The following additional clauses apply to this Contract as defined by the respective DFARS clause if the Contract is Cost Type, Incentive or T&M:

 

252.234-7002       EARNED VALUE MANAGEMENT SYSTEM (MAY 2011)

 

252.242-7004       MATERIAL MANAGEMENT AND ACCOUNTING SYSTEM (MAY 2011)

 

252.242-7006       ACCOUNTING SYSTEM ADMINISTRATION  (FEB 2012)