***[FAR Clause 52.212-5 Poor Man's Guide (6-2-08)]{.underline}***

***(Prescriptions for the Clauses [within]{.underline} 52.212-5)***

**[A. PRESCRIPTIONS FOR CLAUSES IN 52.212-5(b)]{.underline}**

52.203-6 (With ALT I)

RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT

3.503-2

In purchases over the SAT.

52.219-3

NOTICE OF TOTAL HUBZONE SET-ASIDE

19.1308(a)

In purchases that are set aside for HUBZone small business concerns.

52.219-4

NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS

CONCERNS

19.1308(b)

In purchases over the SAT that are conducted using full and open
competition.

52.219-6

NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE

19.508(c)

In purchases that are set aside for small business concerns.

-ALT I - For a product in a class for which the SBA has waived the
nonmanufacturer rule.

-ALT II -- When Federal Prison Industries, Inc. is included in the
competition.

52.219-7

NOTICE OF PARTIAL SMALL BUSINESS SET-ASIDE

19.508(d)

In purchases that are partially set aside for small business concerns.

-ALT I - For a product in a class for which the SBA has waived the
nonmanufacturer rule.

-ALT II -- When Federal Prison Industries, Inc. is included in the
competition.

52.219-8

UTILIZATION OF SMALL BUSINESS CONCERNS

19.708(a)

In purchases over the SAT, unless (1) a personal services award is
contemplated or (2) the award, together with all of its subcontracts,
will be

performed entirely outside US and its outlying areas.

52.219-9

SMALL BUSINESS SUBCONTRACTING PLAN

19.708(b) & 1819.708

Purchases over \$550,000 that offer subcontracting possibilities and
include 52.219-8, unless set-aside for small business or is under 8(a)
program.

*NOTE: You [must]{.underline} use one of the following Alts. When
including the basic clause.*

-ALT I -- When contracting by sealed bidding.

-ALT II - When contracting by negotiation.

52.219-14

LIMITATIONS ON SUBCONTRACTING

19.508(e) & 19.811-3(e)

In purchases (1) for supplies, services, and construction over
\$100,000, if any portion is set aside for small business, or
(2)resulting from FAR Part 19.8, the 8(a) program.

52.219-16

LIQUIDATED DAMAGES -- SUBCONTRACTING PLAN

19.708(b)(2)

In purchases containing 52.219-9, "Small Business Subcontracting Plan"
or 52.219-9 with its Alts. I or II.

52.219-23

NOTICE OF PRICE EVALUATION ADJUSTMENT FOR SMALL DISADVANTAGED

BUSINESS CONCERNS

19.1104

In competitive acquisitions as determined by the Department of Commerce
in the authorized NAICS Industry Subsector, except, (1) less than or
equal to SAT, (2) 8(a), (3) small business set asides, (4) HUBZone small
business set asides, (5) SDVO small business set asides, (6) where price
is not a selection factor so that a price evaluation adjustment would
not be considered (e.g., A-E), and (7) where all fair and reasonable
offers are accepted (e.g., award of multiple award schedule contracts).
The CO shall insert the authorized price evaluation adjustment factor.

-ALT I - When CO determines that there are no small disadvantaged
business manufacturers that can meet the requirements of the
solicitation.

52.219-25

SMALL DISADVANTAGED BUSINESS PARTICIPATION PROGRAM -

DISADVANTAGED STATUS AND REPORTING

19.1204(b) & 19.1202-2

In competitive purchases over \$550,000 in the authorized NAICS Industry
Subsector per Department of Commerce, except small business set asides,
HUBZone small business set

asides, 8(a), negotiated acquisitions where the FAR 15.101-2 lowest
price technically acceptable source selection process is used, or
performance entirely outside US and territories.

52.219-26

SMALL DISADVANTAGED BUSINESS PARTICIPATION PROGRAM - INCENTIVE

SUBCONTRACTING

19.1204(c)

May include substantially as stated in purchases containing 52.219-25
\"Small

Disadvantaged Business Participation Program -- Disadvantaged Status and
Reporting\" to encourage increased subcontracting opportunities by
providing monetary incentives, but not if CO includes an award fee
provision in lieu of the incentive.

52.219-27

NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE

19.1407

In purchases exceeding the micropurchase threshold that are either set
aside for SDVOSBs, or sole-sourced to an SDVOSB.

52.219-28

POST AWARD SMALL BUSINESS PROGRAM REREPRESENTATION

19.308(d)

In purchases exceeding the micro-purchase threshold [unless]{.underline}
contract performance will be [outside]{.underline} the U.S. or its
outlying areas.

52.222-3

CONVICT LABOR

22.202

In purchases above the micro-purchase threshold, unless:

a\) the award will be performed [outside]{.underline} the US, Puerto
Rico, the Northern Mariana Islands, American Samoa, Guam, or the U.S.
Virgin Islands;

b\) the award is for [non]{.underline}commercial supplies and therefore,
subject to the Walsh-Healey Public Contracts Act (which contains a
separate prohibition against convict labor);

c\) the supplies or services are to be purchased from Federal Prison
Industries, Inc.); or

d\) the acquisition involves the purchase, from any State prison, of
finished supplies that may be secured in the open market or from
existing stocks, as distinguished from supplies requiring special
fabrication.

52.222-19

CHILD LABOR\--COOPERATION WITH AUTHORITIES AND REMEDIES

22.1505(b)

In purchases for supplies over the micro-purchase threshold.

52.222-21

PROHIBITION OF SEGREGATED FACILITIES

22.810(a)(1)

In purchases that include 52.222-26, \"Equal Opportunity\".

52.222-26

EQUAL OPPORTUNITY

22.810(e)

In purchases over \$10K unless the award is exempt from all of the
requirements of E.O. 11246 (e.g. National Security or specific exemption
by Deputy Assistant Secretary, see 22.807(a)).

-ALT I - If award is exempt from one or more, but not all, of the
requirements E.O. 11246.

52.222-35

EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS, VETERANS OF THE

VIETNAM ERA, AND OTHER ELIGIBLE VETERANS

22.1310(a)(1)

In purchases over \$100,000 unless work will be performed outside US by
employees recruited outside US or agency head has waived it in
accordance with 22.1305.

52.222-36

AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES

22.1408(a)

In purchases over \$10,000, except when\-- (1) both the performance of
the work and the recruitment of workers will occur outside the US,
Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the
U.S. Virgin Islands, and Wake Island; or (2) the agency head has waived,
in accordance with 22.1403(a) or 22.1403(b), all the terms of the
clause.

-ALT I - If the agency head waives one or more (but not all) of the
terms of the clause.

52.222-37

EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS, VETERANS OF THE

VIETNAM ERA, AND OTHER ELIGIBLE VETERANS

22.1310(b)

In purchases where 52.222-35 is used (i.e. over \$100,000).

52.222-39

NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION DUES OR FEES

22.1605(a)

In purchases over \$100,000.

52.222-50

COMBATING TRAFFICKING IN PERSONS

22.1705(a)

In all purchases.

\- ALT I - When the contract will be performed outside the United States
(as defined at
[25.003](http://www.acquisition.gov/comp/far/current/html/Subpart 25_1.html#wp1118780)),
and the CO has been notified of specific U.S. directives or notices
regarding combating trafficking in persons (such as general orders or
military listings of "off-limits" local establishments) that apply to
contractor employees at the contract place of performance.

52.223-9

ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-

DESIGNATED PRODUCTS

23.406(b)

In purchases over \$100,000 that are for, or specify the use of EPA
designated products containing recovered materials. CO\'s should refer
to EPA\'s list of EPA-designated products at <http://www.epa.gov/cpg/>.

-ALT I - If technical personnel advise that estimates can be verified.

52.223-15

Energy Efficiency in Energy-Consuming Products

23.206

Unless exempted by the Agency Head *(Which has [not]{.underline} been
processed by NASA to date)*, include in purchases when energy-consuming
products listed in the ENERGY STAR® Program\* or Federal Energy
Management Program (FEMP)\*\* will be---

\(a\) Delivered;

\(b\) Acquired by the contractor for use in performing services at a
Federally-controlled facility;

\(c\) Furnished by the contractor for use by the Government; or

\(d\) Specified in the design of a building or work, or incorporated
during its construction, renovation, or maintenance.

\* <http://www.energystar.gov/products>

\*\*
<http://www1.eere.energy.gov/femp/procurement/eep_requirements.html>

52.223-16  IEEE 1680 Standard for the Environmental Assessment of
Personal Computer Products

23.706(b)(1)

Unless a NASA-developed exception applies *(Which has not been processed
to date),* include in purchases for

\(i\) Personal computer products;

\(ii\) Services that require furnishing of personal computer products
for use by the Government; or

\(iii\) Contractor operation of Government-owned facilities.

-ALT I - When there are sufficient electronic Product Environmental
Assessment Tool (EPEAT)\* "Silver"-registered products available to meet
agency needs.

\* [http://www.epeat.net](http://www.epeat.net/)

52.225-1

BUY AMERICAN ACT\--SUPPLIES

25.1101(a)(1) & 1825.103(a)(ii) & (iii)

See the following URL for proper application:

<http://www.grc.nasa.gov/WWW/ProcWeb/225.htm>

52.225-3

BUY AMERICAN ACT\--NORTH AMERICAN FREE TRADE AGREEMENT\--ISRAELI

TRADE ACT

25.1101(b)(1)(i)

See the following URL for proper application of basic clause and
alternates:

<http://www.grc.nasa.gov/WWW/ProcWeb/225.htm>

52.225-5

TRADE AGREEMENTS

25.1101(c)(1) & 1825.1101(c)(1)

See the following URL for proper application:

<http://www.grc.nasa.gov/WWW/ProcWeb/225.htm>

52.225-13

RESTRICTIONS ON CERTAIN FOREIGN PURCHASES

25.1103(a)

In purchases over the micropurchase threshold unless an exception
applies. (Exceptions: Purchases under the SAT using simplified
procedures, total small business set-asides, awards in support of U.S.
national security, awards for essential spare, repair, or replacement
parts not otherwise available from non-sanctioned countries.)

52.226-4

NOTICE OF DISASTER OR EMERGENCY AREA SET-ASIDE

26.205(b)

In purchases for major disaster or emergency assistance services that
are set-aside for a local firm under 26.202-1.

52.226-5

RESTRICTIONS ON SUBCONTRACTING OUTSIDE DISASTER OR EMERGENCY AREA

26.205(c)

In purchases that contain 52.226-4, "Notice of Disaster or Emergency
Area Set-Aside".

52.232-29

TERMS FOR FINANCING OF PURCHASES OF COMMERCIAL ITEMS

32.206(b)(2)

In purchases for commercial items when Government financing will be
involved in accordance with 32.202-1.

52.232-30

INSTALLMENT PAYMENTS FOR COMMERCIAL ITEMS

32.206(g)

In purchases for commercial items where installment payments are either
customary or are authorized by NASA Headquarters.

52.232-33

PAYMENT BY ELECTRONIC FUNDS TRANSFER\--CENTRAL CONTRACTOR

REGISTRATION

32.1110(a)(1) & 1832.1110(a)(1)

[NASA DOES NOT USE! Use FAR 52.232-34!]{.underline}

52.232-34

PAYMENT BY ELECTRONIC FUNDS TRANSFER -- OTHER THAN CENTRAL CONTRACTOR
REGISTRATION

32.1110(a)(2)

In purchases that require electronic funds transfer as the method for
payment.

52.232-36

PAYMENT BY THIRD PARTY

32.1110(d) and (e)(3)

In purchases where payment will be made by a charge to a Government

account with a third party such as a Governmentwide commercial

purchase card.

52.239-1

PRIVACY OR SECURITY SAFEGUARDS

39.107

In purchases for IT which require security of IT, and/or are for the

design, development or operation of a system of records using

commercial IT services or support services.

52.247-64

PREFERENCE FOR PRIVATELY OWNED U.S.-FLAG COMMERCIAL VESSELS

47.507(a)

In purchases that may involve ocean transportation of supplies

subject to the Cargo Preference Act of 1954. (For application of

the Cargo Preference Act of 1954, see 47.502(a)(3), 47.503(a),

and 47.504.)

-ALT I - If an applicable statute requires, or if it has been determined
under agency procedures, that the supplies to be furnished under the
purchase must be transported exclusively in privately owned U.S.-flag
commercial vessels (see 47.502(a)(1) and 47.503(b)).

**[B. PRESCRIPTIONS FOR CLAUSES IN 52.212-5(c)]{.underline}**

52.222-41

SERVICE CONTRACT ACT OF 1965

22.1006(a)

In purchases for services over \$2500 that are subject to the Act (See
22.1003-3 and 22.1003-4 for services that are [not]{.underline} subject
to the Act).

52.222-42

STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES

22.1006(b)

In purchases for services over \$2500 that are subject to Service
Contract Act.

52.222-43

FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT-PRICE

ADJUSTMENT (MULTIPLE YEAR AND OPTION CONTRACTS)

22.1006(c)(1)

In FP purchases for services over the SAT which contain 52.222-41 and
are

multiple year awards or awards with options to renew. May be used in
awards

that do not exceed the SAT.

52.222-44

FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT\--PRICE

ADJUSTMENT

22.1006(c)(2)

In FP purchases for services over the SAT which contain 52.222-41. May
be

used in awards that do not exceed the SAT.

52.222-51

EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT ACT TO CONTRACTS FOR
MAINTENANCE, CALIBRATION, OR REPAIR OF CERTAIN EQUIPMENT -- REQUIREMENTS

22.1006(e)(2)

In purchases for any of the above services on the type of equipment
listed at 22.1003-4(c)(1), over the micropurchase threshold, where the
CO has made a written determination, in accordance with 22.1003-4(c)(3)
(ii), that the Service Contract Act does [not]{.underline} apply.

52.222-53

EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT ACT TO CONTRACTS FOR
CERTAIN SERVICES -- REQUIREMENTS

22.1006(e)(4)

In purchases for services listed at 22.1003-4(d)(1) where the CO has
determined, in accordance with 22.1003-4(d)(3), that the Service
Contract Act does [not]{.underline} apply.

52.237-11

ACCEPTING AND DISPENSING OF \$1 COIN

37.116-2

In purchases for services that involve business operations conducted in
U.S. coins and currency, including vending machines, on any premises
owned by the U.S. or under the control of any agency or instrumentality
of the U.S.