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SECTION E - INSPECTION AND ACCEPTANCE (CONTINUED)

SECTION E - INSPECTION AND ACCEPTANCE

52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984) FAR

 

SECTION F - DELIVERIES OR PERFORMANCE

52.247-34 F.O.B. DESTINATION (NOV 1991) FAR

 

52.247-60 GUARANTEED SHIPPING CHARACTERISTICS (JAN 2017) FAR

(a) The offeror is requested to complete paragraph (a)(1) of this clause, for each part or component which is packed or packaged separately. 

This information will be used to determine transportation costs for evaluation purposes. If the offeror does not furnish sufficient data in 

paragraph (a)(1) of this clause, to permit determination by the Government of the item shipping costs, evaluation will be based on the shipping 

characteristics submitted by the offeror whose offer produces the highest transportation costs or in the absence thereof, by the Contracting 

Officer's best estimate of the actual transportation costs. If the item shipping costs, based on the actual shipping characteristics, exceed the 

item shipping costs used for evaluation purposes, the Contractor agrees that the contract price shall be reduced by an amount equal to the 

difference between the transportation costs actually incurred, and the costs which would have been incurred if the evaluated shipping 

characteristics had been accurate. 

(1) To be completed by the offeror: 

(i) Type of container: Wood Box [ ] Fiber Box [ ], Barrel [ ], Reel [ ], Drum [ ], Other (Specify) ; 

(ii) Shipping configuration: Knocked-down [ ], Set-up [ ], Nested [ ], Other (specify) ; 

(iii) Size of container: ” (Length), × ” (Width), × ” (Height) = Cubic Ft; 

(iv) Number of items per container each; 

(v) Gross weight of container and contents Lbs; 

(vi) Palletized/skidded [ ] Yes [ ] No; 

(vii) Number of containers per pallet/skid ; 

(viii) Weight of empty pallet bottom/skid and sides Lbs; 

(ix) Size of pallet/skid and contents Lbs Cube ; 

(x) Number of containers or pallets/skids per railcar * 

(A) Size of railcar 

(B) Type of railcar 

(xi) Number of containers or pallets/skids per trailer * 

(A) Size of trailer Ft 

(B) Type of trailer 

* Number of complete units (line item) to be shipped in carrier's equipment. 

(2) To be completed by the Government after evaluation but before contract award: 

(i) Rate used in evaluation ; 

(ii) Tender/Tariff ; 

(iii) Item . 

(b) The guaranteed shipping characteristics requested in paragraph (a)(1) of this clause do not establish actual transportation requirements, 

which are specified elsewhere in this solicitation. The guaranteed shipping characteristics will be used only for the purpose of evaluating offers 

and establishing any liability of the successful offeror for increased transportation costs resulting from actual shipping characteristics which 

differ from those used for evaluation in accordance with paragraph (a) of this clause. 

(End of clause)

 

SECTION I - CONTRACT CLAUSES

52.202-1 DEFINITIONS (NOV 2013) FAR

 

52.203-3 GRATUITIES (APR 1984) FAR

 
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52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014) FAR

 

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006) FAR

 

52.203-7 ANTI-KICKBACK PROCEDURES (MAY 2014) FAR

 

52.203-8 CANCELLATION, RECISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014) FAR

 

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

 

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT 2010) FAR

 

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (OCT 2015) FAR

 

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF 

WHISTLEBLOWER RIGHTS (APR 2014) FAR

 

252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE-CONTRACT-RELATED FELONIES (DEC 

2008) DFARS

 

252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (AUG 2019) DFARS

 

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011) FAR

 

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016) FAR

 

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) FAR

 

52.204-20 PREDECESSOR OF OFFEROR (JUL 2016) FAR

As prescribed in 4.1804(d), insert the following provision: 

(a) Definitions. As used in this provision - 

“Commercial and Government Entity (CAGE) code” means - 

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and 

Government Entity (CAGE) Branch to identify a commercial or government entity; or 

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency 

(NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch 

records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code. 

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor. 

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a 

new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a 

company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending

on State law and specific circumstances. 

(b) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a Federal contract or grant within the last three 

years. 

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal 

contract or grant within the last three years (if more than one predecessor, list in reverse chronological order): 

Predecessor CAGE code: 

Predecessor legal name: 
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(Do not use a “doing business as” name) 

(End of provision) 

 

 

252.204-7009 LIMITATIONS ON THE USE OR DISCLOSURE OF THIRD-PARTY CONTRACTOR REPORTED CYBER INCIDENT 

INFORMATION (OCT 2016) DFARS

 

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

 

252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (DEC 1991) DFARS

 

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, 

SUSPENDED, OR PROPOSED FOR SUSPENSION (OCT 2015) FAR

 

252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE GOVERNMENT OF A COUNTRY 

THAT IS A STATE SPONSOR OF TERRORISM (MAY 2019) DFARS

 

52.210-1 MARKET RESEARCH (APR 2011) FAR

 

52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS (APR 2008) FAR

 

252.211-7005 SUBSTITUTIONS FOR MILITARY OR FEDERAL SPECIFICATIONS AND STANDARDS (NOV 2005) DFARS

(a) Definition. “SPI process,” as used in this clause, means a management or manufacturing process that has been accepted previously by 

the Department of Defense under the Single Process Initiative (SPI) for use in lieu of a specific military or Federal specification or standard at 

specific facilities. Under SPI, these processes are reviewed and accepted by a Management Council, which includes representatives of the 

Contractor, the Defense Contract Management Agency, the Defense Contract Audit Agency, and the military departments. 

(b) Offerors are encouraged to propose SPI processes in lieu of military or Federal specifications and standards cited in the solicitation. A 

listing of SPI processes accepted at specific facilities is available via the Internet at http://guidebook.dcma.mil/20/guidebook process.htm 

(paragraph 4.2). 

(c) An offeror proposing to use an SPI process in lieu of military or Federal specifications or standards cited in the solicitation shall 

(1) Identify the specific military or Federal specification or standard for which the SPI process has been accepted; 

(2) Identify each facility at which the offeror proposes to use the specific SPI process in lieu of military or Federal specifications or 

standards cited in the solicitation; 

(3) Identify the contract line items, subline items, components, or elements affected by the SPI process; and 

(4) If the proposed SPI process has been accepted at the facility at which it is proposed for use, but is not yet listed at the Internet site 

specified in paragraph (b) of this clause, submit documentation of Department of Defense acceptance of the SPI process. 

(d) Absent a determination that an SPI process is not acceptable for this procurement, the Contractor shall use the following SPI processes in 

lieu of military or Federal specifications or standards: 

 (Offeror insert information for each SPI process) 

 

SPI Process: 

Facility: 

Military or Federal Specification or Standard: 

Affected Contract Line Item Number, Subline Item Number, Component, or Element: 

 

(e) If a prospective offeror wishes to obtain, prior to the time specified for receipt of offers, verification that an SPI process is an acceptable 

replacement for military or Federal specifications or standards required by the solicitation, the prospective offeror 

(1) May submit the information required by paragraph (d) of this clause to the Contracting Officer prior to submission of an offer; but 

(2) Must submit the information to the Contracting Officer at least 10 working days prior to the date specified for receipt of offers. 

(End of clause)
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52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997) FAR

(a) The Contractor shall make the following notifications in writing: 

(1) When the Contractor becomes aware that a change in its ownership has occurred, or is certain to occur, that could result in changes in the 

valuation of its capitalized assets in the accounting records, the Contractor shall notify the Administrative Contracting Officer (ACO) within 30 

days. 

(2) The Contractor shall also notify the ACO within 30 days whenever changes to asset valuations or any other cost changes have occurred or 

are certain to occur as a result of a change in ownership. 

 

(b) The Contractor shall- 

(1) Maintain current, accurate, and complete inventory records of assets and their costs; 

(2) Provide the ACO or designated representative ready access to the records upon request; 

(3) Ensure that all individual and grouped assets, their capitalized values, accumulated depreciation or amortization, and remaining useful lives 

are identified accurately before and after each of the Contractor's ownership changes; and 

(4) Retain and continue to maintain depreciation and amortization schedules based on the asset records maintained before each Contractor 

ownership change. 

 

(c) The Contractor shall include the substance of this clause in all subcontracts under this contract that meet the applicability requirement of 

FAR 15.408(k). 

(End of clause) 

 

 

 

252.215-7014 EXCEPTION FROM CERTIFIED COST OR PRICING DATA REQUIREMENTS FOR FOREIGN MILITARY SALES INDIRECT 

OFFSETS (JUN 2018) DFARS

 

52.219-28 POST AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013) FAR

As prescribed in 19.309(c), insert the following clause: 

(a) Definitions. As used in this clause. 

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that 

exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under 

the clause at 52.217-8, Option to Extend Services, or other appropriate authority. 

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of 

operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size 

standard in paragraph (c) of this clause. Such a concern is “not dominant in its field of operation” when it does not exercise a controlling or 

major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining 

whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial

resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, 

and nature of business activity. 

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size 

status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following: 

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the 

novation agreement was executed prior to inclusion of this clause in the contract. 

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include 

this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract. 

(3) For long-term contracts. 

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and 

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter. 

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that 

corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard 

corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards. 

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a 
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SECTION I - CONTRACT CLAUSES (CONTINUED)

construction or service contract, is 500 employees. 

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by 

validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and 

its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office 

in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of 

the validation or update. 

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not 

required to, take the actions required by paragraphs (e) or (g) of this clause. 

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code 

applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along 

with the contract number and the date on which the rerepresentation was completed: 

The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code assigned to contract number . 

[Contractor to sign and date and insert authorized signer's name and title]. 

(End of clause) 

 

52.222-19 CHILD LABOR - COOPERATION WITH AUTHORITIES AND REMEDIES (JAN 2020) FAR

 

52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015) FAR

 

52.222-26 EQUAL OPPORTUNITY (SEP 2016) FAR

 

52.222-26 EQUAL OPPORTUNITY (SEP 2016), ALT I (FEB 1999) FAR

As prescribed in 22.810(e), add the following as a preamble to the clause: 

Notice: The following terms of this clause are waived for this contract: [Contracting Officer shall list terms]. 

 

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015) FAR

 

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014) FAR

 

52.222-37 EMPLOYMENT REPORTS ON VETERANS (FEB 2016) FAR

 

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

 

52.223-6 DRUG-FREE WORKPLACE (MAY 2001) FAR

 

52.223-14 ACQUISITION OF EPEAT® - REGISTERED TELEVISION (JUN 2014) FAR

 

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

 

252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM—BASIC (DEC 2016), ALT I (DEC 2016) DFARS

 

252.225-7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS (DEC 2016) DFARS

 

252.225-7006 ACQUISITION OF THE AMERICAN FLAG (AUG 2015) DFARS

 

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

 

252.225-7021 TRADE AGREEMENTS (SEP 2019) DFARS

 
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52.226-6 PROMOTING EXCESS FOOD DONATION TO NONPROFIT ORGANIZATIONS (MAY 2014) FAR

 

252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC ENTERPRISES, AND NATIVE HAWAIIAN 

SMALL BUSINESS CONCERNS (SEP 2004) DFARS

 

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

 

52.232-17 INTEREST (MAY 2014) FAR

 

52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014) FAR

 

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) FAR

 

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018) DFARS

(a) Definitions. As used in this clause- 

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization. 

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF). 

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement 

system. 

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as 

authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports. 

(c) WAWF access. To access WAWF, the Contractor shall- 

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and 

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site. 

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice 

Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the 

WAWF home page at https://wawf.eb.mil/ 

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer 

Protocol. 

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports 

in WAWF for this contract/order: 

(1) Document type. The Contractor shall use the following document type(s). 

 

(Contracting Officer: Insert applicable document type(s). 

Note: If a “Combo” document type is identified but not supportable by the Contractor's business systems, an “Invoice” (stand-alone) and 

“Receiving Report” (stand-alone) document type may be used instead.) 

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified 

by the contracting officer. 

 

(Contracting Officer: Insert inspection and acceptance locations or “Not applicable.”) 

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF 

when creating payment requests and receiving reports in the system. 

Routing Data Table*

Field Name in WAWF Data to be entered in 

WAWF

Pay Official DoDAAC

Issue By DoDAAC

Admin DoDAAC

Inspect By DoDAAC

Ship To Code

Ship From Code
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Field Name in WAWF Data to be entered in 

WAWF

Mark For Code

Service Approver 

(DoDAAC)

Service Acceptor 

(DoDAAC)

Accept at Other DoDAAC

LPO DoDAAC

DCAA Auditor DoDAAC

Other DoDAAC(s)

(*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not 

applicable.”) 

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line 

item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant 

back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request. 

(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the “Send Additional Email Notifications” 

field of WAWF once a document is submitted in the system. 

 

(Contracting Officer: Insert applicable email addresses or “Not applicable.”) 

(g) WAWF point of contact. 

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact. 

(Contracting Officer: Insert applicable information or “Not applicable.”) 

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988. 

(End of clause)

 

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) DFARS

 

52.233-3 PROTEST AFTER AWARD (AUG 1996) FAR

 

52.242-13 BANKRUPTCY (JUL 1995) FAR

 

52.243-7 NOTIFICATION OF CHANGES (JAN 2017) FAR

As prescribed in 43.107, insert the following clause: 

(a) Definitions.“Contracting Officer,” as used in this clause, does not include any representative of the Contracting Officer. 

“Specifically Authorized Representative (SAR),” as used in this clause, means any person the Contracting Officer has so designated by written notice (a copy 

of which shall be provided to the Contractor) which shall refer to this paragraph and shall be issued to the designated representative before the SAR exercises 

such authority. 

(b) Notice. The primary purpose of this clause is to obtain prompt reporting of Government conduct that the Contractor considers to constitute a change to 

this contract. Except for changes identified as such in writing and signed by the Contracting Officer, the Contractor shall notify the Administrative 

Contracting Officer in writing promptly, within (to be negotiated) calendar days from the date that the Contractor identifies any Government conduct 

(including actions, inactions, and written or oral communications) that the Contractor regards as a change to the contract terms and conditions. On the basis 

of the most accurate information available to the Contractor, the notice shall state. 

(1) The date, nature, and circumstances of the conduct regarded as a change; 

(2) The name, function, and activity of each Government individual and Contractor official or employee involved in or knowledgeable about such conduct; 
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(3) The identification of any documents and the substance of any oral communication involved in such conduct; 

(4) In the instance of alleged acceleration of scheduled performance or delivery, the basis upon which it arose; 

(5) The particular elements of contract performance for which the Contractor may seek an equitable adjustment under this clause, including. 

(i) What line items have been or may be affected by the alleged change; 

(ii) What labor or materials or both have been or may be added, deleted, or wasted by the alleged change; 

(iii) To the extent practicable, what delay and disruption in the manner and sequence of performance and effect on 

continued performance have been or may be caused by the alleged change; 

(iv) What adjustments to contract price, delivery schedule, and other provisions affected by the alleged change are estimated; and 

(6) The Contractor's estimate of the time by which the Government must respond to the Contractor's notice to minimize cost, delay or disruption of 

performance. 

(c) Continued performance. Following submission of the notice required by paragraph (b) of this clause, the Contractor shall diligently continue performance 

of this contract to the maximum extent possible in accordance with its terms and conditions as construed by the Contractor, unless the notice reports a 

direction of the Contracting Officer or a communication from a SAR of the Contracting Officer, in either of which events the Contractor shall continue 

performance; provided, however, that if the Contractor regards the direction or communication as a change as described in paragraph (b) of this clause, notice 

shall be given in the manner provided. All directions, communications, interpretations, orders and similar actions of the SAR shall be reduced to writing 

promptly and copies furnished to the Contractor and to the Contracting Officer. The Contracting Officer shall promptly countermand any action which 

exceeds the authority of the SAR. 

(d) Government response. The Contracting Officer shall promptly, within (to be negotiated) calendar days after receipt of notice, respond to the notice in 

writing. In responding, the Contracting Officer shall either. 

(1) Confirm that the conduct of which the Contractor gave notice constitutes a change and when necessary direct the mode of further performance; 

(2) Countermand any communication regarded as a change; 

(3) Deny that the conduct of which the Contractor gave notice constitutes a change and when necessary direct the mode of further performance; or 

(4) In the event the Contractor's notice information is inadequate to make a decision under paragraphs (d)(1), (2), or (3) of this clause, advise the Contractor 

what additional information is required, and establish the date by which it should be furnished and the date thereafter by which the Government will respond. 

(e) Equitable adjustments. 

(1) If the Contracting Officer confirms that Government conduct effected a change as alleged by the Contractor, and the conduct causes an increase or 

decrease in the Contractor's cost of, or the time required for, performance of any part of the work under this contract, whether changed or not changed by 

such conduct, an equitable adjustment shall be made. 

(i) In the contract price or delivery schedule or both; and 

(ii) In such other provisions of the contract as may be affected. 

(2) The contract shall be modified in writing accordingly. In the case of drawings, designs or specifications which are defective and for which the 

Government is responsible, the equitable adjustment shall include the cost and time extension for delay reasonably incurred by the Contractor in attempting 

to comply with the defective drawings, designs or specifications before the Contractor identified, or reasonably should have identified, such defect. When the 

cost of property made obsolete or excess as a result of a change confirmed by the Contracting Officer under this clause is included in the equitable 

adjustment, the Contracting Officer shall have the right to prescribe the manner of disposition of the property. The equitable adjustment shall not include 

increased costs or time extensions for delay resulting from the Contractor's failure to provide notice or to continue performance as provided, respectively, in 

paragraphs (b) and (c) of this clause. 
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Note: The phrases “contract price” and “cost” wherever they appear in the clause, may be appropriately modified to apply to cost-reimbursement or 

incentive contracts, or to combinations thereof. 

(End of clause) 

 

 

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENTS (DEC 2012) DFARS

As prescribed in 243.205-71, use the following clause: 

(a) The amount of any request for equitable adjustment to contract terms shall accurately reflect the contract adjustment for which the 

Contractor believes the Government is liable. The request shall include only costs for performing the change, and shall not include any costs 

that already have been reimbursed or that have been separately claimed. All indirect costs included in the request shall be properly allocable 

to the change in accordance with applicable acquisition regulations. 

(b) In accordance with 10 U.S.C. 2410(a), any request for equitable adjustment to contract terms that exceeds the simplified acquisition 

threshold shall bear, at the time of submission, the following certificate executed by an individual authorized to certify the request on behalf of 

the Contractor: 

I certify that the request is made in good faith, and that the supporting data are accurate and complete to the best of my knowledge and 

belief. 

 

(Official's Name) 

 

(Title) 

 

(c) The certification in paragraph (b) of this clause requires full disclosure of all relevant facts, including 

(1) Certified cost or pricing data, if required, in accordance with subsection 15.403-4 of the Federal Acquisition Regulation (FAR); and 

(2) Data other than certified cost or pricing data, in accordance with subsection 15.403-3 of the FAR, including actual cost data and data to 

support any estimated costs, even if certified cost or pricing data are not required. 

(d) The certification requirement in paragraph (b) of this clause does not apply to 

(1) Requests for routine contract payments; for example, requests for payment for accepted supplies and services, routine vouchers under 

a cost-reimbursement type contract, or progress payment invoices; or 

(2) Final adjustments under an incentive provision of the contract. 

(End of clause)

 

252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUN 2013) DFARS

 

52.246-18 WARRANTY OF SUPPLIES OF A COMPLEX NATURE (MAY 2001) FAR

As prescribed in 46.710(b)(1), insert a clause substantially as follows: 

 (a) Definitions. As used in this clause -- 

“Acceptance” means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of 

another, ownership of existing and identified supplies, or approves specific services rendered, as partial or complete performance of the 

contract. 

“Supplies” means the end items furnished by the Contractor and related services required under this contract. The word does not include 

“data.” 

(b) Contractor's obligations. 

(1) The Contractor warrants that for [Contracting Officer shall state the specific warranty period after delivery, or the specified event whose 

occurrence will terminate the warranty period; e.g., the number of miles or hours of use, or combinations of any applicable events or periods 

of time] all supplies furnished under this contract will be free from defects in material and workmanship and will conform with all 
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requirements of this contract; provided, however, that with respect to Government-furnished property, the Contractor's warranty shall extend 

only to its proper installation, unless the Contractor performs some modification or other work on the property, in which case the Contractor's 

warranty shall extend to the modification or other work. 

(2) Any supplies or parts thereof corrected or furnished in replacement shall be subject to the conditions of this clause to the same extent as 

supplies initially delivered. This warranty shall be equal in duration to that set forth in paragraph (b)(1) of this clause and shall run from the 

date of delivery of the corrected or replaced supplies. 

(3) The Contractor shall not be obligated to correct or replace supplies if the facilities, tooling, drawings, or other equipment or supplies 

necessary to accomplish the correction or replacement have been made unavailable to the Contractor by action of the Government. In the 

event that correction or replacement has been directed, the Contractor shall promptly notify the Contracting Officer, in writing, of the 

nonavailability. 

(4) The Contractor shall also prepare and furnish to the Government data and reports applicable to any correction required (including 

revision and updating of all affected data called for under this contract) at no increase in the contract price. 

(5) When supplies are returned to the Contractor, the Contractor shall bear the transportation costs from the place of delivery specified in the 

contract (irrespective of the f.o.b. point or the point of acceptance) to the Contractor's plant and return. 

(6) All implied warranties of merchantability and “fitness for a particular purpose” are excluded from any obligation contained in this contract. 

(c) Remedies available to the Government. 

(1) In the event of a breach of the Contractor's warranty in paragraph (b)(1) of this clause, the Government may, at no increase in contract 

price -- 

(i) Require the Contractor, at the place of delivery specified in the contract (irrespective of the f.o.b. point or the point of acceptance) or at 

the Contractor's plant, to repair or replace, at the Contractor's election, defective or nonconforming supplies; or 

(ii) Require the Contractor to furnish at the Contractor's plant the materials or parts and installation instructions required to successfully 

accomplish the correction. 

(2) If the Contracting Officer does not require correction or replacement of defective or nonconforming supplies or the Contractor is not 

obligated to correct or replace under paragraph (b)(3) of this clause, the Government shall be entitled to an equitable reduction in the 

contract price. 

(3) The Contracting Officer shall notify the Contractor in writing of any breach of the warranty in paragraph (b) of this clause within . 

[Contracting Officer shall insert specific period of time in which notice shall be given to the Contractor; e.g., “45 days after delivery of the 

nonconforming supplies.”; “45 days of the last delivery under this contract.”; or “45 days after discovery of the defect.”] The Contractor shall 

submit to the Contracting Officer a written recommendation within [Contracting Officer shall insert period of time] as to the corrective action 

required to remedy the breach. After the notice of breach, but not later than [Contracting Officer shall insert period within which the 

warranty remedies should be exercised] after receipt of the Contractor's recommendation for corrective action, the Contracting Officer may, 

in writing, direct correction or replacement as in paragraph (c)(1) of this clause, and the Contractor shall, notwithstanding any disagreement 

regarding the existence of a breach of warranty, comply with this direction. If it is later determined that the Contractor did not breach the 

warranty in paragraph (b)(1) of this clause, the contract price will be equitably adjusted. 

(4) If supplies are corrected or replaced, the period for notification of a breach of the Contractor's warranty in paragraph (c)(3) of this clause 

shall be [Contracting Officer shall insert period within which the Contractor must be notified of a breach as to corrected or replaced 

supplies] from the furnishing or return by the Contractor to the Government of the corrected or replaced supplies or parts thereof, or, if 

correction or replacement is effected by the Contractor at a Government or other activity, for [Contracting Officer shall insert period within 

which the Contractor must be notified of a breach of warranty as to corrected or replaced supplies] thereafter. 

(5) The rights and remedies of the Government provided in this clause are in addition to and do not limit any rights afforded to the 

Government by any other clause of the contract. 

(End of clause) 

 

 

252.247-7023 TRANSPORATION OF SUPPLIES BY SEA -- BASIC (FEB 2019) DFARS

(a) Definitions. As used in this clause -- 

“Components” means articles, materials, and supplies incorporated directly into end products at any level of manufacture, fabrication, or 

assembly by the Contractor or any subcontractor. 

“Department of Defense” (DoD) means the Army, Navy, Air Force, Marine Corps, and defense agencies. 

“Foreign-flag vessel” means any vessel that is not a U.S.-flag vessel. 
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“Ocean transportation” means any transportation aboard a ship, vessel, boat, barge, or ferry through international waters. 

“Subcontractor” means a supplier, materialman, distributor, or vendor at any level below the prime contractor whose contractual obligation to 

perform results from, or is conditioned upon, award of the prime contract and who is performing any part of the work or other requirement of 

the prime contract. 

“Supplies” means all property, except land and interests in land, that is clearly identifiable for eventual use by or owned by the DoD at the time 

of transportation by sea. 

(i) An item is clearly identifiable for eventual use by the DoD if, for example, the contract documentation contains a reference to a 

DoD contract number or a military destination. 

(ii) “Supplies” includes (but is not limited to) public works; buildings and facilities; ships; floating equipment and vessels of every 

character, type, and description, with parts, subassemblies, accessories, and equipment; machine tools; material; equipment; stores 

of all kinds; end items; construction materials; and components of the foregoing. 

“U.S.-flag vessel” means a vessel of the United States or belonging to the United States, including any vessel registered or having national 

status under the laws of the United States. 

(b)(1) The Contractor shall use U.S.-flag vessels when transporting any supplies by sea under this contract. 

 (2) A subcontractor transporting supplies by sea under this contract shall use U.S.-flag vessels if -- 

 (i) This contract is a construction contract; or 

 (ii) The supplies being transported are -- 

 (A) Noncommercial items; or 

 (B) Commercial items that -- 

(1) The Contractor is reselling or distributing to the Government without adding value (generally, the Contractor does not add value to 

items that it subcontracts for f.o.b. destination shipment); 

(2) Are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or 

peacekeeping operations; or 

(3) Are commissary or exchange cargoes transported outside of the Defense Transportation System in accordance with 10 U.S.C. 

2643. 

(c) The Contractor and its subcontractors may request that the Contracting Officer authorize shipment in foreign-flag vessels, or designate 

available U.S.-flag vessels, if the Contractor or a subcontractor believes that -- 

 (1) U.S.-flag vessels are not available for timely shipment; 

 (2) The freight charges are inordinately excessive or unreasonable; or 

 (3) Freight charges are higher than charges to private persons for transportation of like goods. 

(d) The Contractor must submit any request for use of foreign-flag vessels in writing to the Contracting Officer at least 45 days prior to the 

sailing date necessary to meet its delivery schedules. The Contracting Officer will process requests submitted after such date(s) as 

expeditiously as possible, but the Contracting Officer's failure to grant approvals to meet the shipper's sailing date will not of itself constitute a 

compensable delay under this or any other clause of this contract. Requests shall contain at a minimum -- 

 (1) Type, weight, and cube of cargo; 

 (2) Required shipping date; 

 (3) Special handling and discharge requirements; 

 (4) Loading and discharge points; 

 (5) Name of shipper and consignee; 

 (6) Prime contract number; and 

(7) A documented description of efforts made to secure U.S.-flag vessels, including points of contact (with names and telephone 

numbers) with at least two U.S.-flag carriers contacted. Copies of telephone notes, telegraphic and facsimile message or letters will 

be sufficient for this purpose. 

(e) The Contractor shall, within 30 days after each shipment covered by this clause, provide the Contracting Officer and the Maritime 

Administration, Office of Cargo Preference, U.S. Department of Transportation, 400 Seventh Street SW, Washington, DC 20590, one copy of 

the rated on board vessel operating carrier's ocean bill of lading, which shall contain the following information: 

 (1) Prime contract number; 

 (2) Name of vessel; 

 (3) Vessel flag of registry; 

 (4) Date of loading; 

 (5) Port of loading; 
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SECTION I - CONTRACT CLAUSES (CONTINUED)

(6) Port of final discharge; 

 (7) Description of commodity; 

 (8) Gross weight in pounds and cubic feet if available; 

 (9) Total ocean freight in U.S. dollars; and 

 (10) Name of steamship company. 

(f) If this contract exceeds the simplified acquisition threshold, the Contractor shall provide with its final invoice under this contract a 

representation that to the best of its knowledge and belief -- 

 (1) No ocean transportation was used in the performance of this contract; 

 (2) Ocean transportation was used and only U.S.-flag vessels were used for all ocean shipments under the contract; 

(3) Ocean transportation was used, and the Contractor had the written consent of the Contracting Officer for all foreign-flag ocean 

transportation; or 

(4) Ocean transportation was used and some or all of the shipments were made on foreign-flag vessels without the written consent of 

the Contracting Officer. The Contractor shall describe these shipments in the following format: 

 

* ITEM DESCRIPTION CONTRACT LINE 

 ITEMS QUANTITY

TOTAL

(g) If this contract exceeds the simplified acquisition threshold and the final invoice does not include the required representation, the 

Government will reject and return it to the Contractor as an improper invoice for the purposes of the Prompt Payment clause of this contract. In 

the event there has been unauthorized use of foreign-flag vessels in the performance of this contract, the Contracting Officer is entitled to 

equitably adjust the contract, based on the unauthorized use. 

(h) If the Contractor indicated in response to the solicitation provision, Representation of Extent of Transportation by Sea, that it did not 

anticipate transporting by sea any supplies; however, after the award of this contract, the Contractor learns that supplies will be transported by 

sea, the Contractor shall -- 

(1) Notify the Contracting Officer of that fact; and 

 (2) Comply with all the terms and conditions of this clause. 

(i) In the award of subcontracts, for the types of supplies described in paragraph (b)(2) of this clause, including subcontracts for commercial 

items, the Contractor shall flow down the requirements of this clause as follows: 

(1) The Contractor shall insert the substance of this clause, including this paragraph (i), in subcontracts that exceed the simplified 

acquisition threshold in part 2 of the Federal Acquisition Regulation. 

(2) The Contractor shall insert the substance of paragraphs (a) through (e) of this clause, and this paragraph (i), in subcontracts that 

are at or below the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation. 

(End of clause)

 

52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (APR 2012) FAR

 

52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984) FAR

 

52.253-1 COMPUTER GENERATED FORMS (JAN 1991) FAR

 

252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES 

(DEC 2019) DFARS

 

SECTION J - LIST OF ATTACHMENTS

List of Attachments

File Name Description

ATTACH_Sterling_Signed_

Award

Sterling Signed Award.pdf