Spreadsheet: 738229d7-d113-4d7c-bd04-9153eef02ffd
Sheet: DFAR

Accept When Applicable "AWA"   REJECT                                     NEGOTIATE | Required Flow Down "R" | IN CONTRACT | DFAR CLAUSE | PREFERRED  ALTERNATES | CLAUSE TITLE | DATE | PRESCRIBED | REFERENCE | COMMENT | EXPLANATION | Possible Requested Changes to DFAR Clauses
AWA |  |  | [PHONE] |  | Requirements Relating to Compensation of Former DoD Officials | 2009-01-01 00:00:00 | 203.174-4 in all solicitations and contracts |  | Comments:  Contractor shall not knowingly pay "covered" (as defined) DoD official w/in 2 years of official leaving DoD w/out DoD written opinion.
AWA | R Required for subcontracts exceeding the simplified acquisition threshold, except those for commercial items or components. |  | [PHONE] |  | Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies | 2008-12-01 00:00:00 | 203.570-3 for all DoD contracts over the simplified acquisition threshold |  | Comments:  Contractor cannot knowingly hire or use as a consultant, supervisor, etc. anyone convicted of fraud or any other felony arising out of a DoD contract. Restriction lasts for five years after conviction. Can get info. on individuals from DoD. | Prohibits certain individuals, convicted of fraud during the last 5 years, from being employed by a DOD contractor
AWA |  |  | [PHONE] |  | Display of DOD Hotline Poster | 1991-12-01 00:00:00 | 203.7002 for domestic DoD contracts over $5 million | C/G Memo 88-3 (2/16/88) | Comments:  Contractor must either display a 'fraud hotline' poster or have procedures whereby employees may report, in confidence, suspected cases of improper conduct. | Hot line or a mechanism by which employees may report suspected instances of improper conduct and instructions that encourage employees to make such reports.  UC: Existing UC policy of reporting suspected financial misconduct under extramural awards is contained in B&F [NAME].  UC Guidance: This clause does not apply to DOD contracts under $5 M and should not be included in such contracts.  Before accepting the subject clause in over $5M contracts, C&G should review the campus implementation of G-29 to make sure appropriate procedures are in place.  Once it's been determined a mechanism is in place, the clause maybe accepted.
AWA |  |  | [PHONE] |  | Requirement to Inform Employees of Whistleblower Rights | 2009-01-01 00:00:00 | 203.970 in all solicitations and contracts |  | Comments:  Contractor shall provide employees with written federal whistleblower rights.
REJECT | R Required in all subcontracts that may include research involving human subjects in accordance with 32 CFR Part 219, DoD Directive 3216.02, and 10 U.S.C. 980, including research that meets exemption criteria under 32 CFR 219.101(b). This clause does not apply to subcontracts that involve only the use of cadaver materials. |  | [PHONE] |  | Disclosure of Information | 1991-12-01 00:00:00 | 204.404-70(a) for DoD contracts involving access to unclassified information that may be sensitive or inappropriate for release to the public |  | Comments:  Clause is unacceptable: would require prior written approval of the Contracting Officer before releasing virtually any information pertaining to the contract. | Contractor cannot disclose information without prior written approval of Contracting Officer.
AWA |  |  | [PHONE] |  | Commercial and Governmental Entity (CAGE) Code Reporting | 1999-08-01 00:00:00 | 204.603-(1) when CCR ([PHONE]) not required or DOD doesn't have contractor CAGE code. |  | Comments:  DoD does have CAGE codes for most UC locations. CAGE codes for C/G offices are found in C/G Manual Section 10-550. | Offeror requested to enter CAGE code in block with name and address.  Enter "CAGE" before number. If offeror does not have CAGE request one from Defense Logistics Information Service (DLIS).
AWA |  |  | [PHONE] |  | Control of Government Personnel Work Product | 1992-04-01 00:00:00 | 204.404-70(b) for all DoD solicitations and contracts |  | Comments:  Contractor may not require govt personnel who visit or work on-site to relinquish control of their work product, pursuant to contractor procedures for handling confidential information and Patent Acknowledgement. | Basic IP protection for government personnel working with our PI
AWA |  |  | [PHONE] |  | Alternate A (Required Central Contractor Registration) | 2007-09-01 00:00:00 | 204.1104 for contracts w/ FAR52.204-7,Central Contractor Registration |  | Comments:  Substitutes Alternate A for paragraph (s) of FAR 52.204-7. Requires CAGE code. | In lieu of 52.204-7 of the FAR use this disclosure statement which calls for registration in the CCR database, CAGE number, and DUNS numbers.
AWA |  |  | [PHONE] |  | Alternate A, Annual Representations and Certifications | 2008-01-01 00:00:00 | 204.1202 substitute for para. ( c ) of FAR 52.204-8 |  | Comment: None. | Certification that offeror has completed annual reps & certs via ORCA.
REJECT | R required in all subcontracts that are expected to involve access to or generation of export-controlled items. |  | [PHONE] |  | Requirements for Contracts Involving Export-Controlled Items | 2008-07-01 00:00:00 | 204.7305(a) in solicitations & contracts expecting involvement of export-controlled items in performance of work. |  | Comments:  Requires Contractor to comply w/all applicable laws & regulations regarding export-controlled items. Universities not expected to be involved with export-controlled items in performance of work. |  | Please delete as work involves fundamental research and will not be involved with export-controlled items.
AWA |  |  | [PHONE] |  | Requirements Regarding Potential Access to Export-Controlled Items | 2008-07-01 00:00:00 | 204.7305(b) in solicitations & contracts for research & develop., supplies & services not requiring export-controlled items |  | Comments: If [NAME] becomes aware that export-controlled items are needed or generated, must notify CO. | Clause provides for ability to terminate contract if export-controlled item(s) become involved, (c)(2)(iii).
AWA | R required in all subcontracts that are subject to the provisions of the U.S.-IAEA AP. |  | [PHONE] |  | Requirement for Contractor to Notify DoD if the Contractor's Activities are Subject to Reporting under the U.S. International Atomic Energy Agency Additional Pro | 2009-01-01 00:00:00 | 204.470-3 in research/develop-ment solicitations/con-tracts involving fissionable/radio-logical materials; waste or nuclear power production |  | Comments:  [NAME] is required to report activities involving fissionable or other radiological source materials or nuclear power production technologies or waste materials.
AWA |  |  | [PHONE] |  | Provision of Information to Cooperative Agreement Holders | 1991-12-01 00:00:00 | 205.470-2 for DoD contracts over $500,000 |  | Comments:  Contractor is required to provide to cooperative agreement holders, upon request, information on personnel responsible for subcontracts.
AWA | R Required in subcontracts and purchase orders unless the Contractor knows that the item being purchased contains no precious metals. |  | [PHONE] |  | Intent to Furnish Precious Metals as Government-Furnished Material | 1991-12-01 00:00:00 | 208.7305(a) all solicitations and contracts except—(1)  When the contracting officer has determined that the required precious metals are not available from DSCP; (2)  When the contracting officer knows that the items being acquired do not require precious metals in their manufacture; or (3)  For acquisitions at or below the simplified acquisition threshold. |  | Comment: Unlikely applicability to university contracts. Have to list out what precious metals are involved.
REJECT |  |  | [PHONE]  Reserved, clause doesn't exist anymore |  | Acquisition from Subcontractors Subject to On-site Inspection under the INF Treaty  Reserved | 1995-11-01 00:00:00 | 209.103-70 for all non-commercial DoD contracts over the small purchase threshold |  | Comments:  Flowdown required only in non-commercial subcontracts over $100,000 | Clause states that contractor should not deny a subcontract award solely in part b/c of the actual or potential presence of Soviet inspectors at the facility.  Incorporate clause in all solicitations & contracts exceeding simplified acquisition threshold ($100K)
AWA |  |  | [PHONE] |  | Subcontracting with Firms that are Owned or Controlled by the Government of a Terrorist Country | 2006-12-01 00:00:00 | 209.409 for subcontracts with firms that are owned or controlled by the government of a terrorist country, in solicitations and contracts with a value of $100,000 or more. |  | Comments:  Cannot enter into subcontracts > $30,000 w/ firm or subsidiary firm on Debarment List owned or controlled by govt. of terrorist county. | The Contractor shall not enter into any subcontract in excess of $25K with a firm, or a subsidiary of a firm identified on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs, as being ineligible for the  award of Defense contracts or subcontracts because it is owned or controlled by the government of a terrorist country.  An exception can be made if the Government determines that there is a compelling reason to do so.
AWA |  |  | [PHONE] |  | Reserve Officer Training Corps and Military Recruiting on Campus | 2000-01-01 00:00:00 | 209.470-4 for DoD contracts to universities | C & G Memo 94-9 | Comments:  Campus (or subunit) might be debarred if it prohibits military recruiters from coming on site or obtaining access to student directory | Failure to allow recruiters on campus the government may terminate awards
AWA |  |  | [PHONE] |  | Reporting of Government-Furnished Equipment in the DoD Item Unique Identification (IUID) Registry | 2008-11-01 00:00:00 | 211.274-5(b) in solicitations and contracts that contain FAR 52.245-1, Government Property, or 52.245-2, Government Property Installation Operation Services | None | Comments:  Sets forth requirements for how Contractor accountability & management of Government-furnished equipment shall be performed at the item level.
AWA |  |  | [PHONE] |  | Pricing Adjustments | 1991-12-01 00:00:00 | 215.408(1) for DOD contracts that contain FAR clauses 52.215-11, 52.215-12 or 52.215-13 |  | Comments:  This clause merely specifies that 'price adjustments' in FAR clauses having to do with cost or pricing data shall refer to aggregate increases or decreases in reimbursed costs. | Since the Contracting Officer cannot request cost or pricing data for acquisitions at or below the simplified acquisition threshold, pricing adjustments are allowable as a modification to a contract when incomplete, inaccurate, or not current pricing data was furnished.
AWA |  |  | [PHONE] |  | Cost Estimating System Requirements | 2006-12-01 00:00:00 | 215.408(2) in all solicitations and contracts to be awarded on the basis of cost or pricing data. |  | Comments:  Outlines policies, procedures, and practices for Contractor to estimate costs and other proposal data. | [NAME] clause in solicitations & contracts >550K when cost or pricing data is required from the contractor or any subcontractor.  Says the [NAME] shall establish, maintain & comply w/an estimating system that is consistently applied & produces reliable, verifiable & documented cost estimates.  OK to Accept.
AWA |  |  | [PHONE] |  | Small Business, Small Disadvantaged and Women-Owned Small Business Subcontracting Plan (DoD Contracts) | 1996-04-01 00:00:00 | 219.708(b)(1)(A) for DoD contracts that contain FAR clause 52.219-09 |  | Comments:  See FAR 52.219-09. Allows the University to include subcontracts with historically black colleges and universities and minority institutions as counting toward subcontract goals. | Relates ONLY if 52.219-9 applies
AWA |  |  | [PHONE] |  | Combating Trafficking in Persons | 2006-10-01 00:00:00 | 222.1705 in solicitations & contracts performed outside the US. Do not use with FAR 52.222.50. |  | Comments: Contractor shall establish policies and procedures during the performance of the contract for ensuring its employees don't engage in or support trafficking in persons.
REJECT |  |  | [PHONE] |  | Drug Free Work Force | 1988-09-01 00:00:00 | 223.570-4 for DoD contracts involving access to classified information or when the Contracting Officer determines the contract involves classified information | C/G Memo 95-12 (12/20/95) | Comments:  Unless contract involves classified information and a DD-254 is issued, campuses are advised not to accept this clause because it requires drug testing for employees in sensitive positions. | Requires drug testing for employees in sensitive positions. Only applicable when contract involves access to classified info or when contractor determines clause is necessary for reasons of Natl. Security.  Only for clauses above $100K.
REJECT |  |  | [PHONE]  Reserved, clause doesn't exist anymore |  | Hazardous Waste Liability | 1992-10-01 00:00:00 | 223.7002 for DoD contracts specifically for the off-site treatment or disposal of hazardous wastes |  | Comments:  This clause has substantial liability and insurance provisions but does not apply when the generation of hazardous wastes is only incidental to the performance of the contract. Should not be accepted. | Removed
 |  |  | [PHONE]
AWA | R Required by University of California BUS-43, [NAME] 5 (if contract includes deliverable supplies). |  | [PHONE] |  | Buy American Act and Balance of Payments Program | 2003-04-01 00:00:00 | 225.1101(2) for DoD contracts for supplies unless using [PHONE]; 7021; or 7036. |  | Comments:  Not applicable unless contract includes deliverable supplies. Contractor shall deliver only domestic end products unless otherwise certified in offer. | This defines the Buy American Act terms for end products for qualifying countries and non-qualifying countries.  The Clause implements the Buy American Act with preference for domestic end products and qualifying country end products.  The contract can agree only to deliver domestic end products UNLESS the offer specifies delivery of other end products.  The clause also defines terms for the offer price for different types of end products and how to apply duty costs.
AWA |  |  | [PHONE] |  | Qualifying Country Sources As Subcontractors | 2003-04-01 00:00:00 | 225.1101 (3) for contracts that include [PHONE], or [PHONE] or [PHONE] |  | Comments: Defines "qualifying country" as listed in DFAR 225.872-1 | Qualifying countries are: Australia, Belgium, Canada, Denmark, Egypt, Federal Republic of Germany, France, Greece, Israel, Italy, Luxembourg, Netherlands, Norway, Portugal, Spain, Sweden, Switzerland, Turkey, UK of Great Britain and No. Ireland.  [NAME] by Purchase basis: Austria, Finland.
AWA |  |  | [PHONE] |  | Reporting of Contract Performance Outside the United States | 2003-04-01 00:00:00 | 225.7203(b) for contracts exceeding $500K. |  | Comments: None | Reporting required for contracts exceeding $10M when any part exceeding $500K could be performed inside the US or Canada but will be performed outside the US or Canada.  Also requires quarterly reporting for contract exceeding $500K, when any part that exceeds the simplified acquisition threshold will be performed outside the US.
 |  |  | [PHONE] Reserved, clause doesn't exist anymore |  | Buy American Act--Trade Agreements--Balance of Payments Program |  |  |  |  | Removed
 |  |  | [PHONE]   Reserved, clause doesn't exist anymore |  | Supplies To Be Accorded Duty-Free Entry |  |  |  |  | This clause is marked "Reserved"
 |  |  | [PHONE] Reserved, clause doesn't exist anymore |  | Duty Free Entry - Qualifying Country Supplies (End Products and Components) | 1998-03-01 00:00:00 | 225.605-70(a) for DoD contracts for supplies that are to be used in the United States |  | Comments:  Not applicable unless contract includes deliverable supplies. Allows the contractor to obtain supplies from a 'qualifying' foreign supplier without payment of duties. | Exception include: Contracting Officer can approve other sources than "qualifying" and imported prior to contract date.  Also states how to prepare documents for Customs and what duty needs to be paid on imports not used in project
 |  |  | [PHONE]  Reserved, clause doesn't exist anymore |  | Duty-Free Entry--Additional Provisions |  |  |  |  | Removed
AWA |  |  | [PHONE] |  | Preference for Certain Domestic Commodities | 2004-06-01 00:00:00 | 225.7002-3(a) for contracts that exceed simplified acquisition threshold |  | Comments: None | Under the contract the contractor is required to deliver certain items either as end products or components that have been grown, reprocesses, reused or produced in the US.
AWA | R Required in all subcontracts for items containing specialty metals |  | [PHONE] |  | Preference for Domestic Specialty Metals | 2003-04-01 00:00:00 | 225.7002-3(b)(1)  in contracts over 100k, and restriction on acquisition of hand or measuring tools. |  |  | Clause states that "Specialty Metals" must be melted in US, possessions, or Puerto Rico if greater than simplified acquisition threshold.   Does not apply to "Specialty metals" melted or manufactured in qualifying country or purchased by a subcontractor at any tier
AWA | R Required in all subcontracts, except those for: (1) Commercial items other than ball or roller bearings; or (2) Items that do not contain ball or roller bearings. |  | [PHONE] |  | Restriction on Acquisition of [NAME] and Roller Bearings | 2004-04-01 00:00:00 | Prescription clause, 225.7009-4(a), appears to be reserved. |  | Comments: None | All ball and roller bearings and ball and roller bearing components (including miniature and instrument ball bearings) delivered under this contract, either as end items or components of end items, shall be wholly manufactured in the United States or Canada.
AWA |  |  | [PHONE] |  | Notice of Prohibition of Certain Contracts with Foreign Entities for the Conduct of Ballistic Missile Defense RDTandE | 2003-04-01 00:00:00 | 225.7017-4 in competitively negotiated solicitations for RDTandE in BMD programs |  | Comments:  Cannot enter into contracts with foreign firm unless unique or performed in US. | The DoD will not enter into a contract with a foreign government or firm if the contract is for the conduct of research, development, test or evaluation in connection with the Ballistic Missile Defense Program.  Exceptions are if the contract will be performed within the US or the contract is exclusively for research, development, test or evaluation in connection with anti-tactical ballistic missile systems.  Other exceptions are if the foreign gov. or firm agrees to share a substantial portion of the total contract cost, or if the US Government determines that a US firm cannot competently perform the contract at a price equal to or less than a foreign gov. or firm can perform the contract.
REJECT |  |  | [PHONE]  Reserved, clause doesn't exist anymore |  | Reporting Of Contract Performance Outside The United States |  |  |  |  | The clause applies to offers > $10M when parts of the contract >$500M  can be performed outside the US or Canada or in contracts >$500K when any part > than the simplified acq. threshold will be performed outside the US, unless it is the outsider's principal place of performance for the contract (ie. subcontractor).  The clause also specifies the need to submit reports within 10 days of each government quarter on DD Form 2139.  The clause lists details about how to handle subcontracts and purchases outside of the US.
REJECT |  |  | [PHONE] Reserved, clause doesn't exist anymore |  | [NAME] of Israel | 2003-04-01 00:00:00 | 225.1103(2) |  |  | Defines foreign person and United States person. If the offeror is a foreign person, the offeror certifies, by submission of an offer, that it does not comply with the Secondary Arab Boycott of Israel and is not taking or knowingly agreeing to take any action with respect to the Secondary Boycott of Israel by Arab countries. | Please delete. Offeror is not a foreign person.
AWA |  |  | [PHONE] |  | Antiterrorism/Force Protection for Defense Contractors Outside the US | 2005-06-01 00:00:00 | 225.7403-2 in solicitations/contracts that require performance or travel outside the U.S. |  | Comments: Sets forth contractor requirements for registration & training if travel or work is outside U.S.
AWA | R Required in all subcontracts exceeding $500,000 |  | [PHONE] |  | Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns | 2003-10-01 00:00:00 | 226.104 for contracts for services or supplies >$500K for which subcontracts may exist. |  | Comments:  Requires Contractor best efforts and provides incentives for participation of such organizations in subcontracts. | The Contractor shall use best efforts to give Indian orgs., Indian-owned economic enterprises, and Native Hawaiian small business concerns the maximum practicable opportunity to participate in the subcontracts it awards, to the fullest extent consistent with efficient performance of the contract.  The Contractor may request an incentive payment in accordance with this clause.
AWA | R Required whenever any technical data for noncommercial items is to be obtained from a subcontractor or supplier for delivery to the Government under this contract. |  | [PHONE] | Alt. I if [NAME] wishes to limit gov't's rights to disseminate the delivered data so that the Contractor can. | Rights in Technical Data--Noncommercial Items | 1995-11-01 00:00:00 | 227.7103-6(a) for most DoD contracts requiring delivery of technical data (except when the clause at [PHONE] is used) |  |  | Serves as the basic DOD "data rights" clause; includes an Alt I depending on content. Contractor grants rights in Technical Data to Government unless data is marked by [NAME] as limited. See Guidance in C & G Memo 84-31. OK to accept, burden to mark data as limited with appropriate legend if [NAME]. I for any technical data delivered under contract in which contractor does not want the government to obtain unlimited rights.
AWA | R Required whenever any noncommercial computer software or computer software documentation is to be obtained from a subcontractor or supplier for delivery to the Government under this contract. |  | [PHONE] | Alt. I if [NAME] wishes to limit gov't's rights to disseminate the delivered data so that the Contractor can. | Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation | 1995-06-01 00:00:00 | 227.7203-6(a)(1) for DoD contracts requiring delivery of computer software/documentation |  | Comments:  See [PHONE] | States specific & restricted license rights the Govt. has in relation to noncommercial computer software & software documentation.
AWA | This clause could be required to be flowed down even if not in the prime contract. Review with Federal Contract Officer. |  | [PHONE] |  | Technical Data--Commercial Items | 1995-11-01 00:00:00 | 227.7102-3 for DoD contracts requiring delivery of technical data pertaining to commercial items and the Government will not pay any portion of the development costs |  | Comments:  This clause could be required to be flowed down even if not in the prime contract | Check with PI or subcontractor if proprietary technical data will be used. Gives government unrestricted right to use, modify, release, perform, display, or disclose technical data of certain types. Releases government from liability for any release or disclosure of technical data not marked to indicate that the data are licensed data subject to use, modification, etc. restrictions.
AWA | R Required to include this clause in all subcontracts or similar contractual instruments and require its subcontractors or suppliers to do so without alteration, except to identify the parties. |  | [PHONE] |  | Rights in Bid or Proposal Information | 1995-06-01 00:00:00 | 227.7103-6(e)(1) for DoD contracts containing [PHONE] |  | Comments:  Prevents the Government from sharing information in proposals with unauthorized persons during proposal evaluation, and from releasing proposal information outside the Government after award | Prior to contract award the Government may reproduce the bid or proposal to the extent necessary to evaluate the offer. Subsequent to the contract award the Government may release, perform, display or disclose information contained in the bid only within the Government.
AWA |  |  | [PHONE] |  | Identification and Assertion of Use, Release, or Disclosure Restrictions | 1995-06-01 00:00:00 | 227.7103-3(b) for DoD contracts containing [PHONE] |  | Comments:  Requires notification in the proposal if it is anticipated that technical data will be delivered under the contract with other than unlimited rights. A schedule of such data must be attached to the proposal. | At the time a proposal is submitted, PI needs to indicate if any technical data will be delivered under the contract other than UNLIMITED rights.  If so, a list must be provided. (i.e., using patented or copyrighted software, must disclose your proprietary software attached to the proposal or contract.)
AWA | R Required whenever any noncommercial technical data or computer software is to be obtained from a subcontractor or supplier for delivery to the Government under this contract. |  | [PHONE] | Alt. I if [NAME] wishes to sell publications based on deliverables and limit gov't's rights. | Rights in Noncommercial Technical Data and Computer Software--Small Business Innovation Research (SBIR) Program | No Date | 227.7104(a) |  |  | General Government rights in data clause but applicable to SBIR contracts. University usually does not receive SBIR contract but may receive subcontract from SBIR. OK to accept, same burdens as [PHONE] to mark with appropriate legend.
AWA | R Required for subcontracts that will be furnishing computer software to the Government in the performance of this contract. |  | [PHONE] |  | Validation of Asserted Restrictions--Computer Software | 1995-06-01 00:00:00 | 227.7203-6(c) for DoD contracts containing [PHONE] |  | Comments:  Requires that contractor maintain adequate records to justify claims for restricting software delivered under the contract, and the Government has the right to challenge such claims | Contractor shall maintain records to justify any markings that assert restrictions on Gov'ts rights to use, modify, reproduce, release, disclose computer software delivered under this contract and shall be prepared to furnish the Contracting Officer a written justification for this restriction.
REJECT |  |  | [PHONE] |  | Rights in Special Works | 1995-06-01 00:00:00 | 227.7106(a) and 227.7205(a) for DoD contracts when the Government needs to control the distribution of data/software first produced in the performance of the contract |  | Comments:  Acceptance of this clause means that the Government will own works produced for it under the contract. An indemnity provision in para. (e) makes acceptance of this clause subject to UC Regental approval. | Try to negotiate out (3rd party liability) Requires University of California Regental approval prior to acceptance.
REJECT |  |  | [PHONE] |  | Limitations on the Use or Disclosure of Government Furnished Information Marked with Restrictive Legends | 1995-06-01 00:00:00 | 227.7103-6(c), 252.7203-6(d)and 227.7104(f)(1) for DOD contracts when the Government will provide the contractor data/software that has been marked with another contractor's restrictive legends |  | Comments:  Prevents contractor from using restricted data from another contractor for any purpose other than work on the contract. An indemnity provision in para. (c) makes acceptance of this clause subject to Regental approval. | Technical data or computer software provided to the Contractor as Government furnished information under this contract may be subject to restrictions on use, modification, reproduction, release, performance, display or further disclosure. Requires Regental Approval prior  to acceptance.
AWA | Required |  | [PHONE] |  | Deferred Delivery of Technical Data or Computer Software | 1988-04-01 00:00:00 | 227.7103-8(a) when Govt wants to defer delivery of technical data. |  | Comments:  Inform PI that products defined in contract can be identified as "deferred delivery" at any time until 2 yrs. after Govt. accepts other deliverables. | Government has the right to require, within 2 years after acceptance of all other items to be delivered under the contract (or termination of contract, whichever is later), delivery of technical data identified as "deferred delivery" data or software in the contract. Applicable to data from subcontractors.
AWA | Required |  | [PHONE] |  | Deferred Ordering of Technical Data or Computer Software | 1988-04-01 00:00:00 | 227.7103-8(b) when Govt. wants to order data generated not identified as a deliverable. |  | Comments:  Inform PI that Govt. can order data generated under contract until 3 yrs. after termination. | Govt./Contractor may order technical data or computer software w/in a period of 3 yrs after contract termination.
AWA | Required |  | [PHONE] |  | Technical data or computer software previously delivered to the government | 1995-06-01 00:00:00 | 227.7103-6(d): in solicitations when the resulting contract will require the contractor to deliver technical data.  227.7104(f)(2): for SBIR contracts.         or 227.7203-6(e) |  |  | Requirement to attach identification to technical data or computer software delivered to the Government under any contract or subcontract.  Specifies what is required in the attachment. |  | Added to spreadsheet 3/31/05 from [NAME]
NEGOTIATE |  |  | [PHONE] |  | Technical Data - Withholding of Payment | 1988-10-01 00:00:00 | 227.7103-6(e) for DoD contracts that contain DoD clause [PHONE] |  | Comments:  Allows the government to withhold up to 10% of the total contract amount if data required to be submitted are late or deficient. | If specified data is not delivered according to date in contract, Contracting Officer may withhold 10% of total value of contract. No University of California guidance. Try to negotiate out. | Please delete. Withholding payment to a nonprofit educational institution represent unfair financial burden.
AWA | R Required to include the clause at FAR 52.227-12, Patent Rights--Retention by the Contractor (Long Form), suitably modified to identify the parties, in all subcontracts, regardless of tier, for experimental, developmental, or research work to be performed by other than a small business firm or nonprofit organization. |  | [PHONE] |  | Patents - Subcontracts | 1984-04-01 00:00:00 | 227.304-4 for DoD contracts containing FAR clause 52.227-11 |  | Comments:  Applies only to subcontracts with other than nonprofits or small businesses. | Long patent form for all subcontracts, regardless of tier other than small business or nonprofit organization
 |  |  | [PHONE]
Reject |  |  | [PHONE] Reserved, clause doesn't exist anymore |  | Declaration of Technical Data Conformity | 1997-01-01 00:00:00 | 227.7103-6(e)(3) for DoD contracts that contain DoD clause [PHONE] | C/G Memo 95-12 (10/20/95) | Comments:  Requires a declaration to accompany delivered technical data, to the effect that the data are complete and accurate. The PI would normally sign the certificate when required. Progress reports would generally not be considered 'technical data.' | REMOVED - AMENDMENT MADE TO DFAR 227.71 (JUNE 8, 2004)
AWA | Required with its subcontractors or suppliers at any tier requiring the delivery of technical data, except contractual instruments for commercial items or commercial components |  | [PHONE] |  | Validation of Restrictive Markings on Technical Data | 1999-09-01 00:00:00 | 227.7103-6(e)(4) for DoD contracts that contain DoD clause [PHONE] |  | Comments:  Requires that contractor maintain adequate records to justify claims for restricting technical data delivered under the contract, and the Government has the right to challenge such claims | The contractor or subcontractor is responsible for maintaining records sufficient to justify the validity of its markings that impose restriction on the Government and others to use, duplicate, or disclose technical data delivered under the contract or subcontract.  Through a specific process the Government may challenge the restriction.
AWA |  |  | [PHONE] |  | Patents - Reporting of Subject Inventions | 1990-04-01 00:00:00 | 227.303(a) for contracts containing FAR clause 52.227-11, Patent Rights - Retention by the Contractor (Short Form) |  | Comments:  Requires interim and final invention reporting (including negative reports) on DD Form 882.
AWA |  |  | 252.229-03 |  | Federal State, and Local Taxes | 2003-04-01 00:00:00 | 29.401-3 in solicitations and contracts if— (1) The contract is to be performed wholly or partly within the United States, its possessions or territories, Puerto Rico, or the Northern Mariana Islands; (2) A fixed-price contract is contemplated; and (3) The contract is expected to exceed the simplified acquisition threshold. |  |  | All Federal, State and Local taxes should be included in the prices of the contract.  If new taxes are created or increased during the award period, the contractor is required to pay.
REJECT |  |  | [PHONE] |  | Supplemental Cost Principles | 1991-12-01 00:00:00 | 231.100-70 for DoD contracts subject to FAR 31.1, 31.2, 31.6, or 31.7 |  | Comments:  This clause was used to implement subpart 231.303 for any DoD contract subject to A-21. Subpart 231.303 has been rescinded and so this clause is no longer required in contracts with educational institutions. | If found applicable under Part 31 of FAR, allowability determined with Part 231 of DFAR.  Contract not subject for FAR 31.
REJECT |  |  | [PHONE] |  | Advance Payment Pool | 1991-12-01 00:00:00 | 232.412-70(a) for any contract that will be subject to the terms of an advance payment pool agreement with an educational institution | C/G Memo 92-14 (5/26/92) | Comments:  Can't accept. States that advance payments will be made in accordance with the institution's advance payment pool agreement. University of California no longer has any.
AWA |  |  | [PHONE] |  | Electronic Submission of Payment Requests | 2008-03-01 00:00:00 | 232.7004 for DoD contracts |  | Comments:  Sets forth the electronic forms which Contractor must use to submit invoice using Wide Area WorkFlow.
REJECT |  |  | [PHONE] |  | Reduction or Suspension of Contract Payments Upon Finding of Fraud | 1992-08-01 00:00:00 | 232.111-70 for all contracts |  | Comments:  Advance, partial or progress payments may be suspended if Government has evidence that request for payment is based on fraud. | The Administrative Contracting Officer (ACO) may unilaterally issue a contract modification requiring the Contractor to withhold amounts from its billings until a reserve is set aside in an amount that the ACO considers necessary to protect the Government’s interests. The ACO may withhold 5 percent of the amounts due under this paragraph (a), but the total amount withheld shall not exceed $50,000. | Please delete, or lower the withholding percentage to 2% of the total contract price.  [NAME] is conducting basic research, and as an educational institution does not have the financial resources available to cover such set asides.              Also, required under FAR 52.232-7 which doesn't apply to university research contracts.
AWA | R Required in all subcontracts involving research of live vertebrate animals. |  | [PHONE] |  | Animal Welfare | 1991-12-01 00:00:00 | 235.071(a) for DoD contract involving research on live vertebrate animals |  | Comments:  Requires compliance with USDA animal care and treatment requirements. |  | Please delete if contract does not involve animal research.
AWA | R Required in all subcontracts that may include research involving human subjects in accordance with 32 CFR Part 219, DoD Directive 3216.02, and 10 U.S.C. 980, including research that meets exemption criteria under 32 CFR 219.101(b). This clause does not apply to subcontracts that involve only the use of cadaver materials. |  | [PHONE] |  | Protection of Human Subjects | 2009-07-01 00:00:00 | 235.072(e) in solicitations and contracts that include or may include research involving human subjects. |  | Comments: Contractor can't start work or expend funds until DoD has copies of assurance & IRB approval & DoD CO approves these documents.
AWA |  |  | [PHONE] |  | Acknowledgment of Support and Disclaimer | 1995-05-01 00:00:00 | 235.071(c) for DoD research and development contracts |  | Comments:  Requires acknowledgement of government support in publications arising out of the work | Contractor shall include acknowledgment of Govt support in publication and add disclaimer that the opinions, etc in material are not nec.views of contract agency.
AWA |  |  | [PHONE] |  | Final Scientific or Technical Report | 1999-09-01 00:00:00 | 235.071(d) for DoD research and development contracts |  | Comments:  Provides address for sending two copies of technical reports w/SF-298."Approved" means for DTIC publication and not restricting contractor publication.
 |  |  | [PHONE] Reserved, clause doesn't exist anymore |  | Identification of Uncompensated Overtime | 1992-04-01 00:00:00 | 237.170-3 in all DoD solicitations for service contracts expected to be $100,000 or more where the services are acquired on the basis of hours worked |  | Comments:  Not applicable to research. The University does not in any case use uncompensated overtime rates to calculate proposal budgets.
AWA |  |  | [PHONE] |  | Postaward Conference | 1991-12-01 00:00:00 | 242.570 for all contracts. |  | Comments: Up to federal Contracting Officer to decide whether postaward orientation is necessary. Check budget to see if travel funds included. | The Contractor agrees to attend any postaward conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5.
REJECT |  |  | [PHONE] |  | Material Management and Accounting System | 2009-07-01 00:00:00 | 242.7204 for DoD contracts over the small purchase threshold except those with edu. instit, nonprofits, and small businesses. |  | Comments:  Not applicable to educational institutions. | MMAS  system for planning, controlling and accounting for the acquisition, use, issuing and disposition of material.  Systems must reas. forecast material requirements, ensure material is based on valid-time phased requirements, maintains consistent equitable unbiased logic for costing, and contractor takes reasonable action to comply with MMAS stds, disclosure and maintenance, as well as deficiencies. | Please delete as not applicable to educational institutions.
 |  |  | [PHONE] Reserved, clause doesn't exist anymore |  | Engineering Change Proposals | 1999-09-01 00:00:00 | 243.205-70 for DoD contracts where it is anticipated that the Contracting Officer will need detailed information when initiating an engineering change |  | Comments:  Clause requires change proposals to be prepared in accordance with MIL-STD-973 (can be obtained using form DD 1425).
AWA |  |  | [PHONE] |  | Requests for Equitable Adjustment | 1998-03-01 00:00:00 | 243.205-71 |  |  | Specifies that the amount of any request for equitable adjustment to contract terms shall accurately reflect the contract adjustment for which the govt is liable and any request for equity. adj that exceeds the simplified acquisition, shall have identified certification.
AWA |  |  | [PHONE] |  | Subcontracts for Commercial Items and Commercial Components (DOD Contracts) | 2000-03-01 00:00:00 | 244.403 |  |  | Adds additional clauses to be included in subcontracts not included by 52.244-6. No University of California guidance (UC usually not a subcontractor to deliver commercial items)
AWA | Required by University of California BUS-43, [NAME] 5 (if subcontract involves acquisition of gov't property) |  | [PHONE] |  | Reports of Government Property | 1994-05-01 00:00:00 | 245.505-14(a) for DoD contracts containing FAR clauses 52.245-2, -5, -7, -10, or -11 |  | Comments:  The requirement for submitting form DD 1662 is moved from part 245 of the DFARS to part 252 (i.e. will now be in a contract clause). | Contractor must provide an annual property report on DD Form 1662 for all Government property accountable for under contract. Due no later than October 31. Contract also responsible for Government property at subcontractor locations.
NEGOTIATE |  |  | [PHONE] |  | Material Inspection and Receiving Report | 2008-03-01 00:00:00 | 246.370 for solicitation and contracts with separate and distinct deliverables |  | Comments:  Furnish Material Inspection and Receiving Report per DFARS Append. F at delivery of services using Wide Area WorkFlow. | Clause requires filing a "Material Inspection and Receiving Report" (DD Form 250) when contract calls for separate and distinct deliverables. Report NOT required when contract deliverable is a scientific or technical report; or is a R & D contract not requiring the delivery of separately priced end items. No University of California guidance. Try to negotiate out because probably not applicable to university contract.
AWA | Required under specific circumstances, see para b(2) of clause. |  | [PHONE] | Three alternates available, depending on circumstances. | Transportation of Supplies by Sea | 2002-05-01 00:00:00 | 247.573(b) for most DoD contracts |  | Comments:  Requires the contractor to use U.S. flag vessels to transport any supplies furnished in the performance of the contract. | Clause is contingent on whether will be transporting supplies by sea. Must use US-flag vessels; if can't, must request authorization from Contracting Officer.
AWA | Required under specific circumstances, see para b of clause. |  | [PHONE] |  | Notification Of Transportation Of Supplies By Sea |  |  |  |  | Clause states that if had not anticipated transporting by sea but during contract learns that will be transporting by sea, then shall notify Contracting Officer and comply with requirements of [PHONE].
AWA | Required in subcontracts greater than $100K |  | [PHONE] |  | Notification of Proposed Contract Termination or Reduction | 2006-12-01 00:00:00 | 249.7003(c) for all DoD contracts of $550,000 or more |  | Comments:  Warns contractor that if Congress cuts DoD funding then contract might be cut back, contractor must then notify employees and subcontractors (where subcontract > $550,000)
AWA |  |  | [PHONE] |  | Ordering from Government Supply Sources | 2004-11-01 00:00:00 | 251.107 for DoD contracts that contain FAR clause 52.251-01 |  | Comments:  Outlines procedures for placing orders for government-owned supplies.