Subchapter E - General Contracting

Requirements

Federal Acquisition Regulation

Federal Acquisition Regulation

Part 27 - Patents, Data, and Copyrights

27.000 Scope of part.

27.001 Definition.

Subpart 27.1 - General

27.101 Applicability.

27.102 General guidance.

Subpart 27.2 - Patents and Copyrights

27.200 Scope of subpart.

27.201 Patent and copyright infringement liability.

27.201-1 General.

27.201-2 Contract clauses.

27.202 Royalties.

27.202-1 Reporting of royalties.

27.202-2 Notice of Government as a licensee.

27.202-3 Adjustment of royalties.

27.202-4 Refund of royalties.

27.202-5 Solicitation provisions and contract clause.

27.203 Security requirements for patent applications containing classified

subject matter.

27.203-1 General.

27.203-2 Contract clause.

27.204 Patented technology under trade agreements.

27.204-1 Use of patented technology under the United States-MexicoCanada Agreement.

27.204-2 Use of patented technology under the General Agreement on

Tariffs and Trade (GATT).

Subpart 27.3 - Patent Rights under Government Contracts

27.300 Scope of subpart.

27.301 Definitions.

27.302 Policy.

27.303 Contract clauses.

27.304 Procedures.

27.304-1 General.

27.304-2 Contracts placed by or for other Government agencies.

27.304-3 Subcontracts.

27.304-4 Appeals.

27.305 Administration of patent rights clauses.

27.305-1 Goals.

27.305-2 Administration by the Government.

27.305-3 Securing invention rights acquired by the Government.

27.305-4 Protection of invention disclosures.

27.306 Licensing background patent rights to third parties.
Subpart 27.4 - Rights in Data and Copyrights

27.400 Scope of subpart.

27.401 Definitions.

27.402 Policy.

27.403 Data rights-General.

27.404 Basic rights in data clause.

27.404-1 Unlimited rights data.

27.404-2 Limited rights data and restricted computer software.

27.404-3 Copyrighted works.

27.404-4 Contractor’s release, publication, and use of data.

27.404-5 Unauthorized, omitted, or incorrect markings.

27.404-6 Inspection of data at the contractor’s facility.

27.405 Other data rights provisions.

27.405-1 Special works.

27.405-2 Existing works.

27.405-3 Commercial computer software.

27.405-4 Other existing data.

27.406 Acquisition of data.

27.406-1 General.

27.406-2 Additional data requirements.

27.406-3 Major system acquisition.

27.407 Rights to technical data in successful proposals.

27.408 Cosponsored research and development activities.

27.409 Solicitation provisions and contract clauses.

Subpart 27.5 - Foreign License and Technical Assistance Agreements

27.501 General.

Part 28 - Bonds and Insurance

28.000 Scope of part.

28.001 Definitions.

Subpart 28.1 - Bonds and Other Financial Protections

28.100 Scope of subpart.

28.101 Bid guarantees.

28.101-1 Policy on use.

28.101-2 Solicitation provision or contract clause.

28.101-3 Authority of an attorney-in-fact for a bid bond.

28.101-4 Noncompliance with bid guarantee requirements.

28.102 Performance and payment bonds and alternative payment protections

for construction contracts.

28.102-1 General.

28.102-2 Amount required.

28.102-3 Contract clauses.

28.103 Performance and payment bonds for other than construction

contracts.

28.103-1 General.

28.103-2 Performance bonds.

28.103-3 Payment bonds.

28.103-4 Contract clause.

28.104 Annual performance bonds.

28.105 Other types of bonds.

28.105-1 Advance payment bonds.

28.105-2 Patent infringement bonds.
28.106 Administration.

28.106-1 Bonds and bond-related forms.

28.106-2 Substitution of surety bonds.

28.106-3 Additional bond and security.

28.106-4 Contract clause.

28.106-5 Consent of surety.

28.106-6 Furnishing information.

28.106-7 Withholding contract payments.

28.106-8 Payment to subcontractors or suppliers.

Subpart 28.2 - Sureties and Other Security for Bonds

28.200 Scope of subpart.

28.201 Requirements for security.

28.202 Acceptability of corporate sureties.

28.203 Individual Sureties.

28.203-1 Acceptability of individual sureties.

28.203-2 Substitution of assets.

28.203-3 Release of security interest.

28.203-4 Solicitation provision and contract clause.

28.203-5 Exclusion of individual sureties.

28.204 Alternatives in lieu of corporate or individual sureties.

28.204-1 United States bonds or notes.

28.204-2 Certified or cashier’s checks, bank drafts, money orders, or

currency.

28.204-3 Irrevocable letter of credit.

28.204-4 Contract clause.

Subpart 28.3 - Insurance

28.301 Policy.

28.302 Notice of cancellation or change.

28.303 Insurance against loss of or damage to Government property.

28.304 Risk-pooling arrangements.

28.305 Overseas workers’ compensation and war-hazard insurance.

28.306 Insurance under fixed-price contracts.

28.307 Insurance under cost-reimbursement contracts.

28.307-1 Group insurance plans.

28.307-2 Liability.

28.308 Self-insurance.

28.309 Contract clauses for workers’ compensation insurance.

28.310 Contract clause for work on a Government installation.

28.311 Solicitation provision and contract clause on liability insurance under

cost-reimbursement contracts.

28.311-1 Contract clause.

28.311-2 Agency solicitation provisions and contract clauses.

28.312 Contract clause for insurance of leased motor vehicles.

28.313 Contract clauses for insurance of transportation or transportationrelated services.

Part 29 - Taxes

29.000 Scope of part.

29.001 Definitions.

Subpart 29.1 - General

29.101 Resolving tax problems.

Subpart 29.2 - Federal Excise Taxes
29.201 General.

29.202 General exemptions.

29.203 Other Federal tax exemptions.

29.204 Federal excise tax on specific foreign contract payments.

Subpart 29.3 - State and Local Taxes

29.300 Scope of subpart.

29.301 [Reserved]

29.302 Application of State and local taxes to the Government.

29.303 Application of State and local taxes to Government contractors and

subcontractors.

29.304 Matters requiring special consideration.

29.305 State and local tax exemptions.

Subpart 29.4 - Contract Clauses

29.401 Domestic contracts.

29.401-1 Indefinite-delivery contracts for leased equipment.

29.401-2 Construction contracts performed in North Carolina.

29.401-3 Federal, State, and local taxes.

29.401-4 New Mexico gross receipts and compensating tax.

29.402 Foreign contracts.

29.402-1 Foreign fixed-price contracts.

29.402-2 Foreign cost-reimbursement contracts.

29.402-3 Tax on certain foreign procurements.

29.402-4 Taxes—Foreign Contracts in Afghanistan.

Part 30 - Cost Accounting Standards Administration

30.000 Scope of part.

30.001 Definitions.

Subpart 30.1 - General

30.101 Cost Accounting Standards.

30.102 Cost Accounting Standards Board Publication.

Subpart 30.2 - CAS Program Requirements

30.201 Contract requirements.

30.201-1 CAS applicability.

30.201-2 Types of CAS coverage.

30.201-3 Solicitation provisions.

30.201-4 Contract clauses.

30.201-5 Waiver.

30.201-6 Findings.

30.201-7 Cognizant Federal agency responsibilities.

30.202 Disclosure requirements.

30.202-1 General requirements.

30.202-2 Impracticality of submission.

30.202-3 Amendments and revisions.

30.202-4 Privileged and confidential information.

30.202-5 Filing Disclosure Statements.

30.202-6 Responsibilities.

30.202-7 Determinations.

30.202-8 Subcontractor Disclosure Statements.

Subpart 30.3 - CAS Rules and Regulations [Reserved]

Subpart 30.4 - Cost Accounting Standards [Reserved]

Subpart 30.5 - Cost Accounting Standards for Educational Institutions [Reserved]

Subpart 30.6 - CAS Administration
30.601 Responsibility.

30.602 Materiality.

30.603 Changes to disclosed or established cost accounting practices.

30.603-1 Required changes.

30.603-2 Unilateral and desirable changes.

30.604 Processing changes to disclosed or established cost accounting

practices.

30.605 Processing noncompliances.

30.606 Resolving cost impacts.

30.607 Subcontract administration.

Part 31 - Contract Cost Principles and Procedures

31.000 Scope of part.

31.001 Definitions.

31.002 Availability of accounting guide.

Subpart 31.1 - Applicability

31.100 Scope of subpart.

31.101 Objectives.

31.102 Fixed-price contracts.

31.103 Contracts with commercial organizations.

31.104 Contracts with educational institutions.

31.105 Construction and architect-engineer contracts.

31.106 [Reserved]

31.107 Contracts with State, local, and federally recognized Indian tribal

governments.

31.108 Contracts with nonprofit organizations.

31.109 Advance agreements.

31.110 Indirect cost rate certification and penalties on unallowable costs.

Subpart 31.2 - Contracts with Commercial Organizations

31.201 General.

31.201-1 Composition of total cost.

31.201-2 Determining allowability.

31.201-3 Determining reasonableness.

31.201-4 Determining allocability.

31.201-5 Credits.

31.201-6 Accounting for unallowable costs.

31.201-7 Construction and architect-engineer contracts.

31.202 Direct costs.

31.203 Indirect costs.

31.204 Application of principles and procedures.

31.205 Selected costs.

31.205-1 Public relations and advertising costs.

31.205-2 [Reserved]

31.205-3 Bad debts.

31.205-4 Bonding costs.

31.205-5 [Reserved]

31.205-6 Compensation for personal services.

31.205-7 Contingencies.

31.205-8 Contributions or donations.

31.205-9 [Reserved]

31.205-10 Cost of money.

31.205-11 Depreciation.
31.205-12 Economic planning costs.

31.205-13 Employee morale, health, welfare, food service, and

dormitory costs and credits.

31.205-14 Entertainment costs.

31.205-15 Fines, penalties, and mischarging costs.

31.205-16 Gains and losses on disposition or impairment of

depreciable property or other capital assets.

31.205-17 Idle facilities and idle capacity costs.

31.205-18 Independent research and development and bid and

proposal costs.

31.205-19 Insurance and indemnification.

31.205-20 Interest and other financial costs.

31.205-21 Labor relations costs.

31.205-22 Lobbying and political activity costs.

31.205-23 Losses on other contracts.

31.205-24 [Reserved]

31.205-25 Manufacturing and production engineering costs.

31.205-26 Material costs.

31.205-27 Organization costs.

31.205-28 Other business expenses.

31.205-29 Plant protection costs.

31.205-30 Patent costs.

31.205-31 Plant reconversion costs.

31.205-32 Precontract costs.

31.205-33 Professional and consultant service costs.

31.205-34 Recruitment costs.

31.205-35 Relocation costs.

31.205-36 Rental costs.

31.205-37 Royalties and other costs for use of patents.

31.205-38 Selling costs.

31.205-39 Service and warranty costs.

31.205-40 Special tooling and special test equipment costs.

31.205-41 Taxes.

31.205-42 Termination costs.

31.205-43 Trade, business, technical and professional activity costs.

31.205-44 Training and education costs.

31.205-45 [Reserved]

31.205-46 Travel costs.

31.205-47 Costs related to legal and other proceedings.

31.205-48 Research and development costs.

31.205-49 Goodwill.

31.205-50 [Reserved]

31.205-51 Costs of alcoholic beverages.

31.205-52 Asset valuations resulting from business combinations.

Subpart 31.3 - Contracts with Educational Institutions

31.301 Purpose.

31.302 General.

31.303 Requirements.

Subpart 31.4 - [Reserved]

Subpart 31.5 - [Reserved]

Subpart 31.6 - Contracts with State, Local, and Federally Recognized Indian Tribal
Governments

31.601 Purpose.

31.602 General.

31.603 Requirements.

Subpart 31.7 - Contracts with Nonprofit Organizations

31.701 Purpose.

31.702 General.

31.703 Requirements.

Part 32 - Contract Financing

32.000 Scope of part.

32.001 Definitions.

32.002 Applicability of subparts.

32.003 Simplified acquisition procedures financing.

32.004 Contract performance in foreign countries.

32.005 Consideration for contract financing.

32.006 Reduction or suspension of contract payments upon finding of fraud.

32.006-1 General.

32.006-2 Definition.

32.006-3 Responsibilities.

32.006-4 Procedures.

32.006-5 Reporting.

32.007 Contract financing payments.

32.008 Notification of overpayment.

32.009 Providing accelerated payments to small business contractors and to prime

contractors that subcontract with a small business concern.

32.009-1 General.

32.009-2 Contract clause.

Subpart 32.1 - Financing for Other Than a Commercial Purchase

32.100 Scope of subpart.

32.101 Authority.

32.102 Description of contract financing methods.

32.103 Progress payments under construction contracts.

32.104 Providing contract financing.

32.105 Uses of contract financing.

32.106 Order of preference.

32.107 Need for contract financing not a deterrent.

32.108 Financial consultation.

32.109 Termination financing.

32.110 Payment of subcontractors under cost-reimbursement prime

contracts.

32.111 Contract clauses for non-commercial purchases.

32.112 Nonpayment of subcontractors under contracts other than for

commercial products and commercial services.

32.112-1 Subcontractor assertions of nonpayment.

32.112-2 Subcontractor requests for information.

32.113 Customary contract financing.

32.114 Unusual contract financing.

Subpart 32.2 - Commercial Product and Commercial Service Purchase Financing

32.200 Scope of subpart.

32.201 Statutory authority.

32.202 General.
32.202-1 Policy.

32.202-2 Types of payments for commercial product and commercial

service purchases.

32.202-3 Conducting market research about financing terms.

32.202-4 Security for Government financing.

32.203 Determining contract financing terms.

32.204 Procedures for contracting officer-specified commercial contract

financing.

32.205 Procedures for offeror-proposed commercial contract financing.

32.206 Solicitation provisions and contract clauses.

32.207 Administration and payment of commercial financing payments.

Subpart 32.3 - Loan Guarantees for Defense Production

32.300 Scope of subpart.

32.301 Definitions.

32.302 Authority.

32.303 General.

32.304 Procedures.

32.304-1 Application for guarantee.

32.304-2 Certificate of eligibility.

32.304-3 Asset formula.

32.304-4 Guarantee amount and maturity.

32.304-5 Assignment of claims under contracts.

32.304-6 Other collateral security.

32.304-7 Contract surety bonds and loan guarantees.

32.304-8 Other borrowing.

32.305 Loan guarantees for terminated contracts.

32.306 Loan guarantees for subcontracts.

Subpart 32.4 - Advance Payments for Other Than Commercial Acquisitions

32.400 Scope of subpart.

32.401 Statutory authority.

32.402 General.

32.403 Applicability.

32.404 Exclusions.

32.405 Applying Pub.L.85-804 to advance payments under sealed bid

contracts.

32.406 Letters of credit.

32.407 Interest.

32.408 Application for advance payments.

32.409 Contracting officer action.

32.409-1 Recommendation for approval.

32.409-2 Recommendation for disapproval.

32.409-3 Security, supervision, and covenants.

32.410 Findings, determination, and authorization.

32.411 Agreement for special account at a financial institution.

32.412 Contract clause.

Subpart 32.5 - Progress Payments Based on Costs

32.500 Scope of subpart.

32.501 General.

32.501-1 Customary progress payment rates.

32.501-2 Unusual progress payments.

32.501-3 Contract price.
32.501-4 [Reserved]

32.501-5 Other protective terms.

32.502 Preaward matters.

32.502-1 Use of customary progress payments.

32.502-2 Contract finance office clearance.

32.502-3 Solicitation provisions.

32.502-4 Contract clauses.

32.503 Postaward matters.

32.503-1 [Reserved]

32.503-2 Supervision of progress payments.

32.503-3 Initiation of progress payments and review of accounting

system.

32.503-4 Approval of progress payment requests.

32.503-5 Administration of progress payments.

32.503-6 Suspension or reduction of payments.

32.503-7 [Reserved]

32.503-8 Liquidation rates-ordinary method.

32.503-9 Liquidation rates-alternate method.

32.503-10 Establishing alternate liquidation rates.

32.503-11 Adjustments for price reduction.

32.503-12 Maximum unliquidated amount.

32.503-13 [Reserved]

32.503-14 Protection of Government title.

32.503-15 Application of Government title terms.

32.503-16 Risk of loss.

32.504 Subcontracts under prime contracts providing progress payments.

Subpart 32.6 - Contract Debts

32.600 Scope of subpart.

32.601 General.

32.602 Responsibilities.

32.603 Debt determination.

32.604 Demand for payment.

32.605 Final decisions.

32.606 Debt collection.

32.607 Installment payments and deferment of collection.

32.607-1 Installment payments.

32.607-2 Deferment of collection.

32.608 Interest.

32.608-1 Interest charges.

32.608-2 Interest credits.

32.609 Delays in receipt of notices or demands.

32.610 Compromising debts.

32.611 Contract clause.

Subpart 32.7 - Contract Funding

32.700 Scope of subpart.

32.701 [Reserved]

32.702 Policy.

32.703 Contract funding requirements.

32.703-1 General.

32.703-2 Contracts conditioned upon availability of funds.

32.703-3 Contracts crossing fiscal years.
32.704 Limitation of cost or funds.

32.705 Unenforceability of Unauthorized Obligations.

32.706 Contract clauses.

32.706-1 Clauses for contracting in advance of funds.

32.706-2 Clauses for limitation of cost or funds.

32.706-3 Clause for unenforceability of unauthorized obligations.

Subpart 32.8 - Assignment of Claims

32.800 Scope of subpart.

32.801 Definitions.

32.802 Conditions.

32.803 Policies.

32.804 Extent of assignee’s protection.

32.805 Procedure.

32.806 Contract clauses.

Subpart 32.9 - Prompt Payment

32.900 Scope of subpart.

32.901 Applicability.

32.902 Definitions.

32.903 Responsibilities.

32.904 Determining payment due dates.

32.905 Payment documentation and process.

32.906 Making payments.

32.907 Interest penalties.

32.908 Contract clauses.

32.909 Contractor inquiries.

Subpart 32.10 - Performance-Based Payments

32.1000 Scope of subpart.

32.1001 Policy.

32.1002 Bases for performance-based payments.

32.1003 Criteria for use.

32.1004 Procedures.

32.1005 Solicitation provision and contract clause.

32.1006 [Reserved]

32.1007 Administration and payment of performance-based payments.

32.1008 Suspension or reduction of performance-based payments.

32.1009 Title.

32.1010 Risk of loss.

Subpart 32.11 - Electronic Funds Transfer

32.1100 Scope of subpart.

32.1101 Statutory requirements.

32.1102 Definitions.

32.1103 Applicability.

32.1104 Protection of EFT information.

32.1105 Assignment of claims.

32.1106 EFT mechanisms.

32.1107 Payment information.

32.1108 Payment by Governmentwide commercial purchase card.

32.1109 EFT information submitted by offerors.

32.1110 Solicitation provision and contract clauses.

Part 33 Protests, Disputes, and Appeals

33.000 Scope of part.
33.001 General.

Subpart 33.1 - Protests

33.101 Definitions.

33.102 General.

33.103 Protests to the agency.

33.104 Protests to GAO.

33.105 Protest at the U.S. Court of Federal Claims.

33.106 Solicitation provision and contract clause.

Subpart 33.2 - Disputes and Appeals

33.201 Definitions.

33.202 Disputes.

33.203 Applicability.

33.204 Policy.

33.205 Relationship of the Disputes statute to Pub. L.85-804.

33.206 Initiation of a claim.

33.207 Contractor certification.

33.208 Interest on claims.

33.209 Suspected fraudulent claims.

33.210 Contracting officer’s authority.

33.211 Contracting officer’s decision.

33.212 Contracting officer’s duties upon appeal.

33.213 Obligation to continue performance.

33.214 Alternative dispute resolution (ADR).

33.215 Contract clauses.