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

Accept When Applicable "AWA"   REJECT                                     NEGOTIATE | Required Flow Down "R" | IN CONTRACT | FAR CLAUSE | PREFERRED  ALTERNATES | CLAUSE TITLE | DATE | PRESCRIBED | REFERENCE | COMMENT | Explanation | Possible Requested Changes to FAR Clauses
AWA |  |  | 52.202-01 |  | Definitions | 2004-07-01 00:00:00 | 2.201 for all contracts over the simplified acquisition threshold (as of 1/31/10, threshold was still $100,000, see FAR 2.101 for definition). |  | Comments:  Actual list of definitions found at FAR 2.201 | Standard clause included in most contracts over the simplified acquisition threshold to include standard definitions, found at FAR 2.201, in the contract, unless the contract agreement or reference to other FAR clauses define these definitions otherwise.
AWA |  |  | 52.203-03 |  | Gratuities | 1984-04-01 00:00:00 | 3.202 for all contracts > simplified acquisition threshold (as of 1/31/10, threshold was still $100,000, see FAR 2.101 for definition) |  | Comments:  None | Right of Contractor to proceed may be terminated by written notice if the agency head or a designee determines that the Contractor, its agent, or another representative offered or gave gratuity.
Reject |  |  | 52.203-04 |  | Reserved |  |  | University of California C & G Memo 95-12 (10/20/95) | Comment: C & G officer should obtain relevant information from PI before completing the certification.
AWA |  |  | 52.203-05 |  | Covenant Against Contingent Fees | 1984-04-01 00:00:00 | 3.404(c) for all contracts exceeding the simplified acquisition threshold (as of 1/31/10, threshold was still $100,000, see FAR 2.101 for definition) |  | Comments:  None | This is to ensure that the contract is not being acquired by improper means, e.g., someone who knows the right people or can pay them off to accept your contract.
AWA | R Required if subcontract > $100K. |  | 52.203-06 |  | Restrictions on Subcontractor Sales to the Government | 2006-09-01 00:00:00 | 3.503-2 for contracts for supplies or services over the simplified acquisition threshold (as of 1/31/10, threshold was still $100,000, see FAR 2.101 for definition) |  | Comments:  May not apply to research but could be applicable to purchases. | Contractor shall not enter into any agreement which may have the effect of restricting sales by such subcontractors directly to the Government of any item or process (including computer software) made or furnished by the subcontractor under this contract.
AWA | R Required if subcontract > $100K. |  | 52.203-07 |  | Anti-Kickback Procedures | 1995-07-01 00:00:00 | 3.502-3 for all contracts over the simplified acquisition. [NAME] (as of 1/31/10, threshold was still $100,000, see FAR 2.101 for definition). |  | Comments:  See also FRS 104, DOD/GSA/NASA (9/88). Flowdown excludes subpara. (c)(1) of the clause. | Similar to 52.203-5 above, this is to make sure nobody is getting a kickback - a monetary reward or gift - for obtaining a contract or subcontract.
AWA |  |  | 52.203-08 |  | Cancellation, Recission, and Recovery of Funds for Illegal or Improper Activity | 1997-01-01 00:00:00 | 3.104-9(a) for all contracts over the simplified acquisition. [NAME] (as of 1/31/10, threshold was still $100,000, see FAR 2.101 for definition). |  | Comments:  If found in violation of Fed. Procurement Policy Act, contractor could pay penalties as well as amt. expended under the contract. See 52.203-10. | This makes the contract cancelable if the contractor or someone else working on the contract engages in illegal or improper activities.
AWA |  |  | 52.203-10 |  | Price or Fee Adjustment for Illegal or Improper Activity | 1997-01-01 00:00:00 | 3.104-9(b) for all solicitations and contracts over the simplified acquisition threshold (as of 1/31/10, threshold was still $100,000, see FAR 2.101 for definition). |  | Comments:  Clause related to 52.203-08. | By introducing a penalty for illegal or improper activity, this clause aims to prevent such activity from taking place.
AWA | R Required if subcontract > $100K. |  | 52.203-11 |  | Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions | 2007-09-01 00:00:00 | 3.808 (a) in solicitations for contracts over the simplified acquisition. [NAME] (as of 1/31/10, threshold was still $100,000, see FAR 2.101 for definition). | C&G Memo 87-38 (10/20/87), 95-12 (10/20/95) http://www.ucop.edu/raohome/cgmemos/ | Comments:  See 52.203-12. | Certifies that no federal funds were used to influence awarding of contract or used  to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement.
AWA | R Required if subcontract > $100K. |  | 52.203-12 |  | Limitation on Payments to Influence Certain Federal Transactions | 2007-09-01 00:00:00 | 3.808(b) for contracts over the simplified acquisition. [NAME] (as of 1/31/10, threshold was still $100,000, see FAR 2.101 for definition). | C&G Memo 90-2 Supp. 2 (7/12/90) http://www.ucop.edu/raohome/cgmemos/ | Comments:  Clause related to Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (52.203-11). | This is to prevent lobbying and other means of influencing a government official to obtain a grant, cooperative agreement, loan or a contract. Requires use of OMB Standard Form LLL, Disclosure of Lobbying Activities, if have done so beyond clause's exceptions, para ( c ).
AWA | R Required if subcontract > than $5M. |  | 52.203-13 |  | Contractor Code of Business Ethics and Conduct | 2008-12-01 00:00:00 | 3.1004(a) for contracts that exceed $5,000,000 and period of performance is greater than 120 days. |  | Comment: UC Santa Cruz has "Administrative Responsibilities Handbook," issued by the Campus Controller's Office, that should suffice for written code of business ethics and conduct. | Requires contractor, within 90 days, to have written code of business ethics and conduct and to provide copy to all personnel working on contract. Also requires establishment of an internal reporting mechanism such as a hotline, to report suspected instances of improper conduct.
AWA | R Required if subcontract > than $5M. |  | 52.203-14 |  | Display of Hotline Posters | 2007-12-01 00:00:00 | 3.1004 (b) for contracts that exceed $5,000,000 or if agency has set level if less and agency has poster. |  | Requires display of poster provided by agency unless contractor has own hotline poster. | Must prominently display fraud hotline posters in common work areas related to contract.
AWA |  |  | 52.204-01 |  | Approval of Contract | 1989-12-01 00:00:00 | 4.103 for all contracts if required by agency procedures | None | Comments:  None | If agency requirements indicate the contract must state that it is not binding until signed by ___ agency official.
REJECT | R Requires regardless of $ amount. |  | 52.204-02 | Alt I (APR 1984) for educational institutions | Security Requirements | 1996-04-01 00:00:00 | 4.404(a)and(b) when the contract may require access to classified information | C&G Memo 87-38 (10/20/87) http://www.ucop.edu/raohome/cgmemos/ | Comments:  Applicable only if contract or subcontract involves access to classified info. Acceptable with Alt. I. If entire clause not removed, provide statement that campus doesn't perform classified research on-campus; would terminate, etc.  Some universities may prefer to keep clause in because if project reclassified in mid-stream, then university can terminate because cannot comply--a nonprejudicial out. | This clause applies to the extent that this contract involves access to information classified "Confidential," "Secret," or "Top Secret.  If so The Contractor shall comply with the Security Agreement (DD Form 441), including the National Industrial Security Program Operating Manual. | Please delete. [NAME] does not perform classified research.
AWA |  |  | 52.204-03 |  | Taxpayer Identification | 1998-10-01 00:00:00 | 4.905 in all solicitations unless the TIN will be obtained from another source. |  | Comments:  In (d) fill in TIN from C&G Manual 10-540; in (e) check "Corp. Entity (tax-exempt)"; in (f) check "Offeror is not owned or . . ."   http://www.ucop.edu/raohome/cgmanual/ | Must provide taxpayer identification information, including parent company, type of org, and TIN. Not required if 52.204-7 is included in contract.
AWA |  |  | 52.204-04 |  | Printed or Copied Double-Sided on Recycled Paper | 2000-08-01 00:00:00 | 4.303 for contracts that exceed the simplified acquisition threshold (as of 1/31/10, threshold was still $100,000, see FAR 2.101 for definition). |  | Comments:  Recommendation only, not a requirement | Contractor is encouraged to submit reports on double-sided, recycled paper, if reports are not to be submitted electronically.
AWA |  |  | 52.204-05 |  | Women-Owned Business (Other Than Small Business) | 1999-05-01 00:00:00 | 4.603(b) for contracts over the simplified acquisition threshold (as of 1/31/10, threshold was still $100,000, see FAR 2.101 for definition). | C&G Memo 95-12 (3/4/99)  http://www.ucop.edu/raohome/cgmemos/ | Comments:  The University of California is not a women-owned business | This box gets checked if an entity is at least 51 % of its stock is owned by one or more women and management and daily business operations are controlled by one or more women. CG memo 95-12 guidance is "check the box we are NOT a women-owned business.  http://www.ucop.edu/raohome/cgmemos/
AWA |  |  | 52.204-06 |  | Data Universal Numbering System (DUNS) Number | ARP 2008 | 4.603(a) in solicitations that are expected to result in requirement for generation of SF 279Federal Procurement Data System (FPDS) and don't contain 52.204-7. |  | Comments:  Provide [NAME] number of C&G Office from C&G [NAME]. 10   http://www.ucop.edu/raohome/cgmanual/ | [NAME] number is a 9 digit or "9 + 4" number required for any institution that submits grant applications to the federal government.
AWA |  |  | 52.204-07 | Alt. I if modifying an existing agreement | Central Contract Registration | ARP 2008 | 4.1104 for contracts unless excepted as noted in (a) |  | Comments: Requires registration in Central Contract Registration database. | Contractor can obtain [NAME] number by calling Dun and Bradstreet at [PHONE] or via Internet at http://www.dnd.com. Confirmation of registration can be done via Internet at http://www.ccr.org or calling [PHONE] or [PHONE].
 |  |  | 52.204-08 |  | Annual Representation and Certifications | 2006-01-01 00:00:00 | 4.1202 calls for Annual Certifications and Representations unless 52.204-07 is included that lists 27 certs and reps not to be included. |  | UC NAICS code is 61131. | Calls for annual updates of reps and certs at Online Representations and Certifications Application (ORCA) at http://orca.bpn.gov if 52.204-07 is included; if not included, then offeror verifies through submission of proposal that reps and certs are up-to-date within last 12 months at ORCA.
Consult UCOP | R Required when subcontract performance requires contractors to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. |  | 52.204-09 |  | Personal Identity Verification of Contractor Personnel | 2007-09-01 00:00:00 | 4.1303 in solicitations and contracts when contract performance requires contractors to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. The clause shall not be used when contractors require only intermittent access to Federally-controlled facilities. |  |  | For those contracts that implement Homeland Security Presidential Directive-12 (HSPD-12) that requires uniform identify verification standards; OMB guidance M-05-24; Federal Information Processing Standards Publication (FIPS PUB) Number 201.
AWA |  |  | 52.204-10 |  | Reporting Subcontract Awards | 2007-09-01 00:00:00 | 4.1401(a) for contracts greater than $500,000,00 ($500M). |  |  | Must report subcontract  data at http://www.esrs.gov for each subcontract greater than $1,000,000 ($1M).
AWA | R as subcontractors must provide specified information to prime. |  | 52.204-11 |  | American Recovery and Reinvestment Act—Reporting Requirements | 2009-03-01 00:00:00 | 4.1502 for use in all solicitations and contracts funded in whole or in part with Recovery Act funds, except classified solicitations and contracts. |  | Comment: Sets quarterly ARRA required reporting requirements for federal contracts.
AWA | Required in subcontracts that involve a major helium requirement |  | 52.208-08 |  | Required Sources for Helium and Helium Usage Data | 2002-04-01 00:00:00 | 8.505 if it is anticipated that performance of the contract involves a major helium requirement. |  | Comment: must purchase major helium requirements from Federal helium suppliers, to the extent that supplies are available. | Contractor must provide Federal Contracting officer with specific data after a delivery of helium from a Federal helium supplier, no laughing matter.
AWA |  |  | 52.209-05 |  | Certification Regarding Debarment, Suspension, Proposed Debarment, and Other Responsibility Matters | 2008-12-01 00:00:00 | 9.409(a) in solicitations for contracts expected to exceed simplified acquisition threshold (as of 1/31/10, threshold was still $100,000, see FAR 2.101 for definition). | C&G Memo 88-19 (11/8/88),C&G Memo 95-12 (10/20/95), http://www.ucop.edu/raohome/cgmemos/ | Comments:  Offeror states whether it is presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency or has committed crimes or offenses listed. New clause stayed 4/3/01. Old clause in place. | Certifies University of California is not presently debarred, suspended, proposed for debarment or declared ineligible for the award of contracts by any Federal Agency; have not been convicted of or had or currently have a civil judgment against University of California for fraud, embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, has not had one or more contracts terminated for default by any federal government.
AWA | R Required if subcontract > $30K. |  | 52.209-06 |  | Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment | 2006-09-01 00:00:00 | 9.409(b) for contracts over $30,000 | C&G Memo 88-19 (11/8/88)  http://www.ucop.edu/raohome/cgmemos/ | Comments:  Clause related to Certification Regarding Debarment, Suspension, Proposed Debarment and Other Responsibility Matters (52.209-05). Debarment in procurement area results in debarment for grants too. | The Contractor shall not enter into any subcontract in excess of $30,000 with a Contractor that is debarred, suspended, or proposed for debarment unless there is a compelling reason to do so.
REJECT |  |  | 52.209-07 |  | Reserved |  |  |  | Comment: If certification at 52.209-07 or 52.209-08 are required, solicit information from the PI on whether he/she believes that performance of the service under a Federal contract may give the PI an unfair advantage in competing for other government contracts, or that because of other activities or relationships the PI is unable to render impartial advice or assistance to the government.
REJECT |  |  | 52.209-08 |  | Reserved |  |  |  | Comment: If certification at 52.209-07 or 52.209-08 are required, solicit information from the PI on whether he/she believes that performance of the service under a Federal contract may give the PI an unfair advantage in competing for other government contracts, or that because of other activities or relationships the PI is unable to render impartial advice or assistance to the government.
AWA |  |  | 52.211-05 |  | Material Requirements | 2000-08-01 00:00:00 | 11.304 for supply contracts that are not commercial items. |  | Comments:  Not applicable to research unless the contract involves the incidental furnishing of parts--if so, parts should be new, as defined in this clause. | Must use new materials unless have prior approval of federal contracting officer to use used or reconditioned materials in performance of contract.
AWA |  |  | 52.211-14 |  | Notice of Priority Rating for National Defense, Emergency Preparedness, and Energy Program Use | 2008-04-01 00:00:00 | 11.604(a) in solicitations when the contract to be awarded will be a rated order. |  | Comments:  Requires federal CO to place notice of priority rating on rated orders and contractor to follow DPAS requirements (15 CFR 700) as checked by federal CO.
AWA |  |  | 52.211-15 |  | Defense Priority and Allocation Requirements | 1990-09-01 00:00:00 | 12.304(b) when the contract is a rated order (i.e. supports an authorized national defense program) |  | Comments:  Rated orders must be used with suppliers to obtain items needed to fill a rated order. Only a small number of Federal programs are authorized to use rated orders--see 15 CFR 700. | Rate order is certified for national defense use.15-cfr 700:This applies to defense contractors for the Dept. of the Army, in obtaining services, products, and materials to fill this order. Rated order required scheduling of operations to fill each rated order by the required delivery or performance date. | Please delete. This is not a subcontract for supplies.
AWA |  |  | 52.211-17 |  | Delivery of Excess Quantities | 1989-09-01 00:00:00 | 11.703(b) when a fixed-price supply contract is contemplated. |  | Comments: Unlikely university will receive a fixed-price supply contract. | Allows the government to keep quantities delivered under $250 of value. Provides government with option of returning supplies in excess of $250, at contractor's expense, or compensating contractor at unit price value. | Please delete as contract is not a fixed-price supply contract.
AWA |  |  | 52.212.3 |  | Offeror Representations and Certifications -- Commercial Items | 2009-08-01 00:00:00 | 12.301(b)(2) for use in contracts for the acquisition of commercial items, provides for a consolidated listing of certs & reps. |  | Comments: Unlikely universities would bid for provision of commercial items. | Refers to reps and certs universities provide annually at http:orca.bpn.gov, the ORCA web site.
AWA |  |  | 52.213-01 |  | Fast Payment Procedure | 1998-02-01 00:00:00 | 13.404 refers back to 13.402 for firm-fixed-price contracts for supplies and less than $25,000. |  | Comments: Unlikely university will receive a firm-fixed-price supply contract. | Allows use of Fast Payment Procedure. | Please delete as contract is not a firm-fixed-price supply contract.
AWA |  |  | 52.213-04 |  | Terms and Conditions-Simplified Acquisitions (Other Than Commercial Items) | 2009-10-01 00:00:00 | 13.302-5(d) for simplified acquisitions, less than $100K, exceeding the micro-purchase threshold ($3,000 as of 1/31/10) for other than commercial items. |  | Comments:  Provides a listing of standard FAR clauses, incorporating them by reference. | 30 clauses are listed and applicable as circumstances warrant. | Please make the following substitutions: for paragraph (d) substitute 52,246-9, for paragraph (e) substitute 52.249-14, for paragraph (f) substitute 52.249-5. Delete paragraphs (g) and (h).
AWA | R Required if subcontract > $25K. |  | 52.214-26 |  | Audit and Records - Sealed Bidding | 2009-03-01 00:00:00 | 14.201-7(a) for contracts over $650,000 |  | Comments:  Not applicable to research, not used in cost-reimbursement contracts. | If [NAME] was required to submit cost or pricing data in connection with the pricing of any modification to this contract, the Contracting Officer or an authorized representative shall have the right to examine and audit of records. | Please delete as contract is cost-reimbursement and for research.
AWA |  |  | 52.215-01 | Alt I or II for award after discussion with offeror | Instructions to Offerors - Competitive Acquisitions | 2004-01-01 00:00:00 | 15.209(a) in all competitive solicitations where the government intends to award a contract without discussion. |  | Comments:  Alt. I allows for discussion with offeror; Alt II allows submission of proposals which depart from stated requirements. | Provides specifications for submission, modification, revision and withdrawal of proposals.
AWA | R Required if subcontract > $100K. |  | 52.215-02 | Alt II for educational institutions | Audit and Records - Negotiation | 2009-03-01 00:00:00 | 15.209(b)(3) for contracts over the simplified acquisition threshold (as of 1/31/10, threshold was still $100,000, see FAR 2.101 for definition). |  | Comments:  Alt. II (APR 1998) makes A-133 applicable to the contract. It may not be necessary to provide for University access to subcontractor records because the Government audit agencies are generally willing to audit subcontracts when asked. | A-133 (applies to State, Local Governments and Nonprofit Organizations) sets forth standards for obtaining consistency and uniformity in expending Federal funds. | Please add Alternate II, which is prescribed for educational institutions.
AWA |  |  | 52.215-05 |  | Facsimile Proposals | 1997-10-01 00:00:00 | 15.209(e) in solicitations where facsimile proposals are authorized. |  | Comments:  Allows proposer to submit proposal, modifications, or revisions by facsimile as prescribed at 15.203(d). | If any portion received is unreadable, resubmission allowed; method and time of resubmission prescribed by contracting officer and will be considered as if it were received at date and time of original faxed submission
AWA |  |  | 52.215-06 |  | Place of Performance | 1997-10-01 00:00:00 | 15.209(f) in solicitations unless place of performance is specified by the government. | C&G Memo 95-12 (10/20/95)  http://www.ucop.edu/raohome/cgmemos/ | Comments:  Requires listing of other addresses where work may be performed. | See comments.
AWA |  |  | 52.215-07 |  | Annual Representations and Certifications - Negotiation | 1997-10-01 00:00:00 | 15.209(g) in solicitations if annual certifications are used. |  | Comments:  Allows annual representations and certifications in accordance with 14.213. | See comments.
AWA |  |  | 52.215-08 |  | Order of Precedence-Uniform Contract Format | 1997-10-01 00:00:00 | 15.209 (h) when gov't intends to make award without discussion. |  |  | Order of precedence to resolve inconsistencies: Schedule, representations, contract clauses, other docs, specifications.
AWA |  |  | 52.215-10 |  | Price Reduction for Defective Cost or Pricing Data | 1997-10-01 00:00:00 | 15.408(b) for negotiated contracts over $550,000 when certified cost or pricing data will be required from the contractor. | C&G Memo 89-5 (2/14/89)  http://www.ucop.edu/raohome/cgmemos/ | Comments:  Certification of cost/price data is not required for DOD contracts. (See DFARS 215.403-1(c)(4)(B) | If any price negotiated in connection w/the contract was under estimated, an offset amount  shall be allowed against the amount of the contract price (based on fact).  Not allowed if contractor knowingly submitted inaccurate data.  Applicable only to contracts over $550K (when cost/pricing data required).
AWA |  |  | 52.215-11 |  | Price Reduction for Defective Cost or Pricing Data - Modifications | 1997-10-01 00:00:00 | 15.408(c) for contract modifications when certified cost or pricing data will be required from contractor. | See reference for clause 52.215-10. | Comments:  Not used when contract already contains 52.215-10. | Do not use if 52.215-10 is used.  About decreasing cost if the pricing data was not complete, accurate or current. | Delete if 52.215-10 is used.
AWA | R Required if subcontract > $550K (FAR 15.403-4) |  | 52.215-12 |  | Subcontractor Cost or Pricing Data | 1997-10-01 00:00:00 | 15.408(d) for contracts that contain 52.215-10 |  | Comments:  Use when 52.215-10 is included. | The substance of this clause requires submission of cost or pricing data for subcontracts expected to exceed the threshold for submission of cost or pricing data $550K (FAR 15.403-4).  Only Applies when 52.215-10 is included.
AWA | R Required if subcontract > $550K (FAR 15.403-4) |  | 52.215-13 |  | Subcontractor Cost or Pricing Data - Modifications | 1997-10-01 00:00:00 | 15.408(e) for contracts that contain 52.215-11 |  | Comments:  Use when 52.215-11 is included. | Mandatory when 215-11 is in contract. Ability of government to decrease costs if the pricing data was not complete, accurate or current.  This pertains to subcontractors.
AWA | R Required if subcontract > $100K. |  | 52.215-14 | Alt I if not awarded under full competition | Integrity of Unit Prices | 1997-10-01 00:00:00 | 15.408(f)(1) for most contracts over the simplified acquisition threshold except when supplies are not required |  | Comments:  None | This clause is for proposals being submitted for the negotiation of prices for items of supplies.  The unit prices should be in proportion to the items' base cost.
AWA | R Required if subcontract > $550K and with commercial entity. |  | 52.215-15 |  | Pension Adjustments and Asset Reversions | 2004-01-01 00:00:00 | 15.408(g) for contracts subject to FAR 31 or where certified cost/price data are required |  | Comments:  Imposes certain obligations on contractor if the latter terminates a defined contribution pension plan. Flowdown required if subcontract is cost-reimbursement. | Contractor shall notify Contracting Officer when it determines that it will terminate a defined benefit pension plan or otherwise recapture such pension fund assets.   Contractor required to refund/credit the govt. for its equitable share of funds. Apply to all contracts & subcontracts that are subject to cost & pricing data (over $550K) or are subject to Subpart 31.2 (contracts w/commercial organizations). Educational institutions not subject to 31.2
REJECT |  |  | 52.215-16 | Use 215-17 instead. | Facilities Capital Cost of Money | 2003-06-01 00:00:00 | 15.408(h) in solicitations for commercial contracts subject to FAR 31.2 |  | Comments:  Not applicable to the University. | Use 52.215-17, not applicable to the University. | Please delete. [NAME] is not subject to subpart 31.2 of the FAR.
AWA |  |  | 52.215-17 |  | Waiver of Facilities Capital Cost of Money | 1997-10-01 00:00:00 | 15.408(i) when facilities capital cost of money costs are not included in the contractor's proposal |  | Comments:  Used instead of 52.215-16. | Includes wording to be included in a contract concerning the facilities capital cost of money as an unallowable cost if not included in the proposal.
AWA | R If subcontract subject to FAR part 31. |  | 52.215-18 |  | Reversion or Adjustment of Plans for Postretirement Benefits Other Than Pensions (PRB) | 1997-10-01 00:00:00 | 15.408(j) for contracts subject to FAR 31 or where certified cost/price data are required |  | Comments:  Imposes certain obligations on contractor if the latter terminates or reduces a plan for postretirement benefits other than pensions. Flowdown required if subcontract is cost-reimbursement. | Contractor shall notify Contracting Officer when it determines that it will terminate or reduce a PRB plan.  Contractor required to refund/credit the govt. for its equitable share of funds. Apply to all contracts & subcontracts that are subject to cost & pricing data (over $550K) or when subject to FAR 31.
AWA | R If subcontract subject to FAR part 31.2 (commercial organizations), or requires cost and pricing data. |  | 52.215-19 |  | Notification of Ownership Changes | 1997-10-01 00:00:00 | 15.408(k) for contracts that require cost and pricing data, or subject to 31.2 |  | Comments:  Educational institutions are not subject to 31.2. | Contractor must notify Contracting Officer (in writing, within 30 days) when they become aware that a change in ownership has occurred.  This clause should be included when cost/pricing data is required, or if subject to 31.2 (educational institutions not subject to 31.2)  Must flow down. | Please delete. [NAME] is not subject to subpart 31.2 of the FAR.
AWA |  |  | 52.215-20 | Alt IV if cost/pricing data not required | Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data | 1997-10-01 00:00:00 | 15.408(l)) in solicitations if it is reasonably certain that cost/pricing data or information other than cost/pricing data will be required |  | Comments:  Describes how to request an exception from requirement to submit cost/pricing data, and what to do if the request is denied | Explains how to request an exception to supplying cost and price data and what to do if the exception is denied.
AWA |  |  | 52.215-21 | Alt IV if cost/pricing data not required | Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data--Modifications | 1997-10-01 00:00:00 | 15.408(m) in solicitations or contracts if it is reasonably certain that cost/pricing data or information other than cost/pricing data will be required for modifications |  | Comments:  Information other than cost/pricing data does not need to be certified | Describes when an exception may be granted.  [NAME] use of Alternate IV.
AWA |  |  | 52.216-07 |  | Allowable Cost and Payment | 2002-12-01 00:00:00 | 16.307(a) for cost-reimbursement (other than facilities) contracts |  | Comments:  Substitute "31.3" for "31.2" in paragraph (a) of the clause [cf. 52.216-15, paragraph (c)]. | Specifies how Govt will reimburse allowable costs on the contract with details about invoicing, reimbursing costs, payments to small bus. Concerns, establishments. Final indirect cost rates, use of billing rates, quick closeout procedures, audit of invoices and final payment. | Please delete reference to FAR Subpart 31.2 and substitute [NAME] (for educational institutions).
AWA |  |  | 52.216-08 |  | Fixed Fee | 1997-03-01 00:00:00 | 16.307(b) for most cost-plus-fixed-fee contracts |  | Comments:  University usually does not have cost-plus-fixed-fee contracts. | Specifies how Govt pays the contractor to perform the contract.  Allows for withholding/set aside part of the fixed fee to protect gov't interests until gov't satisfied with contract terms and conditions - Univ. not have fixed fee. | Please delete. [If] This will be a cost-reimbursement no fee [subcontract.
AWA |  |  | 52.216-11 | Alt I for educational institutions | Cost Contract - No Fee | 1984-04-01 00:00:00 | 16.307(e)(1)and(2) for cost-reimbursement contracts that provide no fee and are not cost-sharing |  | Comments:  None | Establishes that the gov't will not pay a fee under contract and establishes that this is a cost-reimbursable contract where the gov't may withhold a reserve to protect the gov't interests (after paid 80% of total est costs) Alt I is for contracts for R&D with educational institutions where the contracting officer can delete clause B -allowing reserve.
AWA |  |  | 52.216-12 | Alt I for educational institutions | Cost Sharing Contract - No Fee | 1984-04-01 00:00:00 | 16.307(f)(1)and(2) for cost-sharing contracts |  | Comments:  None | Same as 52.227-11, but for Cost Sharing contracts.
AWA |  |  | 52.216-15 |  | Predetermined Indirect Cost Rates | 1998-04-01 00:00:00 | 16.307(i) for cost-reimbursement research and development contracts with educational institutions |  | Comments:  None | Allowable Indirect Costs under this contract shall be obtained by applying predetermined indirect cost rates agreed upon by the parties. If the contract is a facilities contract, modify paragraph C by deleting the words "Subpart 31.1" and replacing them with "section 31.106"
 |  |  | 52.216-22 |  |  | 1995-10-01 00:00:00 | 16.506(e) when an indefinite-quantity contract is contemplated. |  | Comments: Unlikely university will receive an indefinite-quantity type contract. | Explains parameters of indefinite-quantity type contract (e.g., amounts are estimates and government may not order more than maximum specified in schedule nor less than minimum specified). | Please delete. Present contract is not an indefinite-quantity type. contract.
AWA |  |  | 52.216-26 |  | Payments of Allowable Costs before Definitization | 2002-12-01 00:00:00 | 16.604-4 (c ) include in each letter contract the clauses required by this regulation for the type of definitive contract contemplated |  | Comments:  None | Allows for payments for allowable costs to contractors and subcontractors prior to placement of definitive contract
AWA |  |  | 52.217-09 |  | Option to Extend the Term of the Contract | 2000-03-01 00:00:00 | 17.208(g) at option of the CO per 17.200 and 17.202 |  | Comments:  17.200 says does not apply to research contracts does not preclude the use of this option in research contracts. | Govt. may extend the term of contract provided that the Govt. provides preliminary written notice of this intent.  (Optional in research contracts).
AWA |  |  | 52.217-17 |  | Waiver of Facilities Capital Cost of Money | 1997-10-01 00:00:00 | 15.408 ( I ) If the prospective contractor does not propose facilities capital cost of money in its offer, the contracting officer shall insert the clause at 52.215-17, Waiver of Facilities Capital Cost of Money, in the resulting contract. |  | Comments: May not want to accept if university had to borrow money as part of project. | Provides for the waiver of facilities capital cost of money and then deemed as an unallowable cost in contract.
AWA |  |  | 52.218-18 |  | Ordering | 1995-10-01 00:00:00 | 16.506(a) a definite-quantity contract, a requirements contract, or an indefinite-quantity contract is contemplated. |  | Comments:  University usually does not have these type of contracts. | Explains ordering procedures. | Please delete. Not applicable to present contract.
AWA | R Required regardless of dollar amount. |  | 52.219-01 |  | Small Business Program Representations | 2004-05-01 00:00:00 | 19.308 (a) (1) in solicitations exceeding the micro-purchase threshold when the contract will be performed in the US or its outlying areas. | C&G Memo 95-12 (10/20/95)  http://www.ucop.edu/raohome/cgmemos/ | Comments:  The University is not a small business, small disadvantaged business, nor women-owned business. Check the box on the certification that the offeror is NOT a small business concern. | For sole source acquisitions, the SBA or contracting officer may protest the offerors small business status.  Not applicable b/c the University is not a small business.
REJECT |  |  | 52.219-04 |  | Notice of Price Evaluation Preference for HUBZone Small Business Concerns | 1999-01-01 00:00:00 | 19.1308(b) for solicitations/contracts by HUBZone small Businesses  w/full/open competition exceeding simplified acquisition threshold, (as of 1/31/10, threshold was still $100,000, see FAR 2.101 for definition). |  | Comments:  Adds evaluation preference for use of HUBZone small businesses. University of California not a HUBZone small business. | Offers will be evaluated by adding a factor of 10% to the price EXCEPT for those from HUBZone small business concerns (they receive price evaluation preferences). Used only in acquisitions that exceed the simplified acquisition threshold ($100K).
AWA | R Required if subcontract > $100K and subcontractor is not a small business. |  | 52.219-08 |  | Utilization of Small Business Concerns | 2000-10-01 00:00:00 | 19.708(a) for most contracts over the simplified acquisition threshold, (as of 1/31/10, threshold was still $100,000, see FAR 2.101 for definition). | C&G Memo 95-12  http://www.ucop.edu/raohome/cgmemos/ | Comments:  Contractor should award subcontracts, when feasible, to small, small disadvantaged, HUBZone, and women-owned businesses. SBA may review extent of these efforts. | It’s the Federal Government's policy to support Small Business concerns and therefore subcontracts should be awarded, when possible, to veteran-owned small business, small disadvantaged business', HUBZone small business and women owned business' to have the maximum opportunity to participate in performing contracts by any Federal agency.
AWA | R Requires if subcontract > $550K and subcontractor is not a small business. |  | 52.219-09 |  | Small Business Subcontracting Plan | 2008-04-01 00:00:00 | 19.708(b) for contracts that offer over $550,000  subcontracting possibilities | C&G Manual 16-F02  http://www.ucop.edu/raohome/cgmanual/ | Comments:  See also C&G Memo 90-8 (7/18/90) for information on forms SF-294 and SF-295. Subcontracting plan becomes part of the contract. | Alt I for sealed bids, lower bid submits plan- Alt II for proposals in response to solicitation, shall include subcontracting plan.
AWA |  |  | 52.219-10 |  | Incentive Subcontracting Program | 2001-10-01 00:00:00 | 19.708 ( c ) (1) when a subcontracting plan is required (see 19.702), and inclusion of a monetary incentive is, in the judgment of the contracting officer, necessary to increase subcontracting opportunities for small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, and women-owned small business concerns, and is commensurate with the efficient and economical performance of the contract. |  | Comments: None. | Provides for inclusion of financial incentives if contractor exceeds goals in subcontracting plan; up to federal contracting officer to include or not.
AWA |  |  | 52.219-16 |  | Liquidated Damages - Subcontracting Plan | 1999-01-01 00:00:00 | 19.708(b)(2) when the contract contains 52.219-09 | C&G Memo 90-5 (3/27/90) http://www.ucop.edu/raohome/cgmanual/ | Comments:  Carries risk of penalty if contractor willfully fails to meet subcontract plan goals. | Risk only if subcontract fails- relates ONLY if 52.219-9 applies(1) Insert the clause at 52.219-9, Small Business Subcontracting Plan, in solicitations and contracts that offer subcontracting possibilities, are expected to exceed $500,000 ($1,000,000 for construction of any public facility), and are required to include the clause at 52.219-8, Utilization of Small Business Concerns, unless the acquisition is set aside or is to be accomplished under the 8(a) program. When contracting by sealed bidding rather than by negotiation, the contracting officer shall use the clause with its Alternate I. When contracting by negotiation, and subcontracting plans are required with initial proposals as provided for in 19.705-2(d), the contracting officer shall use the clause with its Alternate II.
AWA |  |  | 52.219-22 |  | Small Disadvantaged Business Status | 1999-10-01 00:00:00 | 19.308 (b) in solicitations that include 52.219-23. | C&G Memo 90-5 (3/27/90) http://www.ucop.edu/raohome/cgmanual/ | Comments: Check the box on the certification that the offeror is not a small disadvantaged business concern. | Asks whether is small disadvantaged business concern.
AWA |  |  | 52.219-25 |  | Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting | 2008-04-01 00:00:00 | 19.1204(B) requires [NAME] to obtain Small Business Disadvantaged status from joint venture partners, team members and subcontractors. |  | Comment: None. | Addresses disadvantaged status for SBD joint venture partners & subcontractors.  Applicable  if contract or subcontract contains small disadvantaged business (SBD) participation targets.
Reject |  |  |  |  | Reserved
AWA |  |  | 52.222-01 |  | Notice to the Government of Labor Disputes | 1997-02-01 00:00:00 | 22.103-5 (a) for contracts designated by agency head to contain this clause |  | Comments:  None | Contracting Officer shall be immediately notified when actual or potential labor dispute will delay or threaten the timely performance of the contract. (could effect perform.)
AWA |  |  | 52.222-02 |  | Payment for Overtime Premiums | 1990-07-01 00:00:00 | 22.103-5(b) for most cost-reimbursement contracts over $100K. |  | Comments:  The word "zero" to be inserted in blank space indicated by an asterisk; clause is not applicable to operation of vessels. | The use of overtime is authorized under this contract if the overtime premium does not exceed *______________ or the overtime premium is paid for work -- | Please insert 0 in paragraph (a).
AWA |  |  | 52.222-03 |  | Convict Labor | 2003-06-01 00:00:00 | 22.202 for most contracts performed in the U.S. unless the contract is subject to Walsh-Healy Act |  | Comments:  None | No current convicts on payroll allowed.
AWA | R Required if subcontract > $100K. |  | 52.222-04 |  | Contract Work Hours and Safety Standards Act - Overtime Compensation | 2000-09-01 00:00:00 | 22.305 for contracts over the simplified acquisition. threshold that involve substantial employment of laborers or mechanics | C&G Manual 12-222&330  http://www.ucop.edu/raohome/cgmanual/ | Comments:  Generally not applicable to research. | For employment of laborers or mechanics who work over 40 hours in any week will be paid 1-1/2 times the basic rate.  CGM 12-222-Contract work Hours and Safety Standards Act;CGM12-330 Davis-Bacon Act-awards over $2000,flow down.
REJECT |  |  | 52.222-19 |  | Child Labor--Cooperation with Authorities and Remedies | 2004-06-01 00:00:00 | 22.1505 (b) for acquisitions above micro threshold for certain foreign end products. |  | Comment: not applicable to US universities. | Contractor can be suspended or debarred, and/or the contract terminated, if contractor has used forced or indentured child labor for end products.
REJECT |  |  | 52.222-20 |  | Walsh-Healy Public Contracts Act | 1996-12-01 00:00:00 | 22.610 supply contracts over $10,000 that are not exempt from the Act | C&G Manual 12-224&12-350  http://www.ucop.edu/raohome/cgmanual/ | Comments:  Not applicable to the University and should not be accepted. | For public contracts only, for manufacture of materials, supplies, etc. that exceed $10,000.  Incorporates by reference all stipulations required by Wash-Healey Public Contracts Act, and affirms that nobody will be paid less than minimum wage. | Please delete, not applicable to educational institutions.
AWA | R Required if subcontract subject to Equal Opportunity clause, FAR 52.222-26. |  | 52.222-21 |  | Prohibition of Segregated Facilities | 1999-02-01 00:00:00 | 22.810 (a) (1) in solicitations for contracts that will include 52.222-26 | C&G Memo 95-12 (10/20/95)  http://www.ucop.edu/raohome/cgmemos/ | Comments:  None | No segregated facilities allowed  except by gender for sleeping arrangement or restrooms.
AWA | R Required if subcontract subject to Equal Opportunity clause, FAR 52.222-26. |  | 52.222-22 |  | Previous Contracts and Compliance Reports | 1999-02-01 00:00:00 | 22.810 (a) (2) in solicitations for contracts that will include 52.222-26 | C&G Memo 95-12 (10/20/95) http://www.ucop.edu/raohome/cgmemos/ | Comments:  Both boxes should be checked 'has' | States that we and subcontractors have (or haven't) participated in Equal Opportunity clause, that we have (0r haven’t) filed all required reports, and that subcontractors will submit signed compliance reports before obtaining their subcontracts.
AWA |  |  | 52.222-24 |  | Preaward On Site Equal Opportunity Compliance Evaluation | 1999-02-01 00:00:00 | 22.810 (c) in solicitations for contracts over $10 million that will include 52.222-26. |  | Comments:  None | [NAME] that for contracts or subcontracts of $10milion or more, a preaward compliance evaluation is acceptable.
AWA |  |  | 52.222-25 |  | Affirmative Action Compliance | 1984-04-01 00:00:00 | 22.810 (d) in solicitations for contracts that will include 52.222-26. | C&G Memo 95-12 (10/20/95) http://www.ucop.edu/raohome/cgmemos/ | Comments:  First box should be checked 'has' | Affirms that we have on file an affirmative action program.
AWA | R Required |  | 52.222-26 |  | Equal Opportunity | 2002-04-01 00:00:00 | 22.810 (e) for most contracts | C&G Memo 95-12 (10/20/95) http://www.ucop.edu/raohome/cgmemos/ | Comments:  None | No discrimination against any employee based on race, color, religion, sex, or national origin.   UNIVERSITY OF CALIFORNIA policy also. CGM 95-12 deals with how UNIVERSITY OF CALIFORNIA will deal with compliance problems with certifications. NOT REQUIRED OUTSIDE OF US.
AWA | R Required for subcontracts > $100K;                                 R Required by University of California for subcontracts > $10K. |  | 52.222-35 |  | Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans | 2006-09-01 00:00:00 | 22.1310 (a) (1) for most contracts over $100,000 | C&G Memo 95-12 (10/20/95)  http://www.ucop.edu/raohome/cgmemos/ | Comments:  None | Non discrimination of veterans, special disabled or Vietnam era veterans, in hiring, advancement, rate of pay, job assignments, leave, and recreation sponsored by contractor/employer; including requirement of posting notices of openings, both in workplace and in State labor pool.
AWA | R Required for contracts > $10K |  | 52.222-36 |  | Affirmative Action for Workers With Disabilities | 1998-06-01 00:00:00 | 22.1408 (a) for most contracts over $10,000 | C&G Memo 95-122  http://www.ucop.edu/raohome/cgmemos/ | Comments:  None | Non discrimination of disabled applicants/workers, in hiring, advancement, rate of pay, job assignments, leave, and recreation sponsored by contractor/employer; including requirement of posting notices of opening and in State labor pool and notify union reps of compliance with provision of Rehabilitation Act of 1973.
AWA | R Required for contracts > $25K;                                 R Required by University of California for subcontracts > $10K. |  | 52.222-37 |  | Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans | 2006-09-01 00:00:00 | 22.1310 (b) for contracts that contain 52.222-35 |  | Comments:  Report is submitted annually by Office of the President, University of California, HR EEO. | Requires filing annually of VETS-100 form to supply counts of #s of persons, hired, vets, disabled vets, Vietnam vets.  Report is sent by University of California Office of the President officials.
AWA |  |  | 52.222-38 |  | Compliance with Veterans' Employment Reporting Requirements | 2001-12-01 00:00:00 | 22.1310(c) for solicitations exceeding the simplified acquisition threshold, (as of 1/31/10, threshold was still $100,000, see FAR 2.101 for definition). |  | Comments:  Offeror represents it has submitted VETS-100 report required by 52.222-37. Office of the President, University of California, HR EEO. | Offeror represents that if it has any contract containing clause 52.222-37 it has submitted the most recent VETS-100 report.
REJECT | R Required if subcontract for services and > $2,500 |  | 52.222-41 |  | Service Contract Act of 1965 | 2007-11-01 00:00:00 | 22.1006(a) for most service contracts over $2,500 | C&G Manual 12-223; F02 & http://www.ucop.edu/raohome/cgmanual/ | Comments:  Not applicable to research or to universities; applicable for service contracts like cleaning services or food services. | Requires the contractor to pay employees not less than minimum wage,  they must furnish fringe benefits and be paid at least on a semi-monthly basis.  Applicable to all service employees except those who are employed in an executive, administrative or professional capacity. See comments. Usually not applicable to universities because research staff and faculty would be classified as "professional" (29 CFR 541.3-Professional), not as service employees. | Please delete, not applicable to research and development [subcontracts.
REJECT | R Required if subcontract for services and > $2,500 |  | 52.222-42 |  | Statement of Equivalent Rates for Federal Hires | 1989-05-01 00:00:00 | 22.1006(b) for contracts over $2,500 and subject to the Service Contract Act | See 52.222-41 | Comments:  Not applicable to research or to universities. Reject for same reasons as 52.222-41. | Clause identifies classes of service employees expected to be employed and states wages and fringe benefits.  See comments.
AWA | R Required in subcontracts. |  | 52.222-50 |  | Combating Trafficking in Persons | 2009-02-01 00:00:00 | 22.1705 (a) for all contracts and solicitations. Alt I to be used when contract performed outside the United States. |  | Comment:  Inform PI and grant-related staff of government's zero tolerance policy on engaging in severe forms of trafficking, its consequences and penalties. | Clause implements Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104) and states US government's zero tolerance policy regarding trafficking in persons.
AWA | R Required in subcontracts; see clause for exceptions. |  | 52.222-54 |  | Employment Eligibility Verification | 2009-01-01 00:00:00 | 22.1803&12.301(d)(3) in all solicitations & contracts exceeding the simplified acquisition threshold, $100,000 as of 1/31/10. |  | Comments:  Contractor must enroll in E-Verify program & verify all employees assigned to federal contract. Contact [NAME] in HR | Applies only to federal contracts, not to federal grants or cooperative agreements which have separate but similar ARRA reporting requirements.
AWA |  |  | 52.223-11 |  | Ozone-Depleting Substances | 2001-05-01 00:00:00 | 23.804 in solicitations and contracts for ozone-depleting substances or for supplies that may contain or be manufactured with ozone-depleting substances. |  | Comments: None. | Explains procedures for labeling products produced by contractor that contain ozone-deleting substances and provides references to what those substances are.
Consult with campus EH & S before certifying compliance. |  |  | 52.223-01 |  | Biobased Product Certification | 2007-12-01 00:00:00 | 23.406(a) for contracts that require the delivery or special use of USDA-designated items listed by USDA in a procurement guideline (& CFR part 2902, subpart B. |  |  | We certify that use of USDA-designated item will comply with the applicable specifications or other contractual requirements.
Reserved |  |  | 52.223-02 |  | Clean Air and Water (applicable, if order exceeds $100,000) |  |  |  |  | Not in current FAR (marked reserved); FAR archives show that it was enacted in 1987, but has been removed from FAR Clauses in 1997; as the excluded parties list will determine violators to the Clean Air and Water Act to be ineligible for award.  Some agencies still require certification statements, which requirement should be passed on to subcontractors.
AWA | R University of California requires if subcontract involves hazardous materials |  | 52.223-03 | Alt I for all agencies except [NAME] | Hazardous Material Identification and Material Safety Data | 1997-01-01 00:00:00 | 23.303 for contracts requiring delivery of hazardous materials |  | Comments:  Applicable only if contract or subcontract involves delivery of hazardous materials. | Alt. I requires submission of Material Safety Data Sheets (MSDS's) for any hazardous materials required to be delivered under the contract. University of California requires flow down to subcontracts involving hazardous materials.
AWA |  |  | 52.223-05 |  | Pollution Prevention and Right-to-Know Information | 2003-08-01 00:00:00 | 23.1005 for contracts that provide for performance, in whole or in part, on a federal facility. |  | Comments: Two alternates are allowed, depending on nature of contract. | Defines "priority chemical" and "toxic chemical". All Federal facilities must comply with the Emergency Planning and Community Right-to-Know Act so Contractors are required to provide information needed by the Federal facility to comply.
AWA |  |  | 52.223-06 |  | Drug Free Workplace | 1997-01-01 00:00:00 | 23.505 for most contracts over the simplified acquisition threshold, (as of 1/31/10, threshold was still $100,000, see FAR 2.101 for definition). | C&G Memo 89-8 Supp. 3 (6/29/90)  http://www.ucop.edu/raohome/cgmemos/ | Comments:  Clause contained in most solicitations and contracts; certification no longer required. | No risk.
AWA | R Required if subcontract involves radioactive materials |  | 52.223-07 |  | Notice of Radioactive Materials | 1997-01-01 00:00:00 | 23.602 for most contracts for supplies which are or contain radioactive material |  | Comments:  Not applicable to research, applicable only for contracts that call for the provision of radioactive materials. | Contractor must notify Contracting Officer, in writing, prior to the delivery of, or prior to completion of any servicing required by the contract of any items containing radioactive material.  See comments. | Please delete, not applicable to this [subcontract.
AWA |  |  | 52.223-10 |  | Waste Reduction Program | 2000-08-01 00:00:00 | 23.705 for contractor operation of Government-owned or -leased facilities and all solicitations and contracts for support services at Government-owned or –operated facilities. |  | Comments: Unlikely to be applicable to university contracts. | For Contractor operation of a Govt owned or leased facility and for contracts that provide other support services at Govt owned or operated facilities For fixed price supply or service contract.
AWA |  |  | 52.223-13 |  | Certification of Toxic Chemical Release Reporting | 2003-08-01 00:00:00 | 23.906(a) in solicitations for all competitive contracts over $100,000 | C&G Memo 95-12 (10/20/95)  http://www.ucop.edu/raohome/cgmemos/ | Comments:  UNIVERSITY OF CALIFORNIA not subject to requirements. Check box (iv) for not falling within SIC designations 20-39 or NAICS.
AWA | R Required if subcontract noncommercial, first tier, > $100K and only if subcontractor is in SIC Classification 20-39. |  | 52.223-14 |  | Toxic Chemical Release Reporting | 2003-08-01 00:00:00 | 23.906(b) for all competitive contracts over $100,000 | C&G Memo 95-12 (9/13/96)  http://www.ucop.edu/raohome/cgmemos/ | Comments:  University is exempt from the reporting requirements because none of its facilities falls within SIC designations 20-39. Must be flowed down in noncommercial subcontracts over $100,000 with subcontractors with SIC designations 20-39 or NAICS. | As prescribed in 23.906(b) Flow down clauses (a) or (b).
NEGOTIATE |  |  | 52.224-01 |  | Privacy Act Notification | 1984-04-01 00:00:00 | 24.104(a) in solicitations for contracts requiring systems of records on individuals to accomplish an agency function | C&G Memo 87-17 (6/26/87)  http://www.ucop.edu/raohome/cgmemos/ | Comments:  Provides notice that the contractor is required to maintain a system of records, in which case 52.224-02 is applicable. | University of California's position is that this clause is not appropriate for research contracts and should negotiate out, using arguments defined in C & G Memo 87-17.
NEGOTIATE | R Required for subcontracts which require the design, development, or operation of a system of records as described in the Privacy Act. |  | 52.224-02 |  | Privacy Act | 1984-04-01 00:00:00 | 24.104(b) for contracts requiring systems of records on individuals to accomplish an agency function | C&G Memo 87-17 (6/26/87)  http://www.ucop.edu/raohome/cgmemos/ |  |  | Please delete, not applicable to this [subcontract.
AWA |  |  | 52.225-01 |  | Buy American Act - Supplies | 2003-06-01 00:00:00 | 25.1101(a)(1) for supply contracts exceeding $2500. | C&G Manual 16-F05  http://www.ucop.edu/raohome/cgmanual/ | Comments:  Applicable to research only if contract involves furnishing of supplies.
AWA |  |  | 52.225-02 |  | Buy American Act Certificate | 2003-06-01 00:00:00 | 25.1101(a)(2) for solicitations containing the clause 52.225-01 |  | Comments:  Not applicable to R/D contracts. Provides for listing of end products that are exceptions to Buy American Act (including NAFTA countries). | Tables for inserting the specified items and country of origin of components and end products restricted in 52.225-3, below.
AWA |  |  | 52.225-03 |  | Buy American Act-Supplies (reference to "Government" remains unchanged) | 2004-10-01 00:00:00 | 25.1101 for contracts for acquisition of supplies and acquisition of services involving supplies. |  |  | Contractor is to supply "domestic" components and end products unless in the contract a Free Trade Country (Canada, Chile, Mexico, or Singapore) or Israeli end product is specified for delivery (usually used with 52.225-4 which has tables for inserting the specified items) under the contract, or the contracting officer has determined that certain items will be considered domestic products under the contract.
AWA |  |  | 52.225-05 |  | Trade Agreements | 2009-08-01 00:00:00 | 25.1101(c)(1) for contracts over $186,000 subject to the Trade Agreements Act | C&G Manual 16-F05  http://www.ucop.edu/raohome/cgmanual/ | Comments:  Not applicable to R/D contracts. Contractor must deliver domestic end products, Trade Agreement Act and NAFTA country products. | Contractor shall deliver under this contract only U.S.-made, designated country, Caribbean Basin country, or FTA country end products, except as provided under Trade Agreements clauses(225-02,03,05).
AWA |  |  | 52.225-08 |  | Duty-Free Entry (all references remain unchanged except "Contractor" shall refer to [NAME]) | 2000-02-01 00:00:00 | 25.1101 (e) for supplies contracts that may be imported into US as duty-free if acquisition > $100K. |  |  | For supplies not previously identified in [NAME] as duty-free, Contractor must request duty-free status from Contracting Officer at least 20 days prior to importation.
AWA | R Required in all subcontracts. |  | 52.225-13 |  | Restrictions on Certain Foreign Purchases | 2008-06-01 00:00:00 | 25.1103(a) for contracts exceeding $2,500. |  | Comments:  Contractor cannot acquire supplies or services from banned countries, such as Cuba, Iran, Sudan and North Korea. | Restrictions on purchasing from foreign nationals and foreign countries. Lists available at http://www.treas.gov/offices/enforcement/ofac/sdn
AWA |  |  | 52.225-16 |  | Sanctioned European Union Country Services | 2000-02-01 00:00:00 | 25.1103(c) for all services listed in FAR 25.601(a)(3)(i), including research and development or valued <$186,000. |  | Comments:  Precludes Contractor from performing work in a sanctioned EU country. Subcontracts are not covered. | Contractor shall not deliver any sanctioned European Union country end products.
AWA |  |  | 52.226-01 |  | Utilization of Indian Organizations and Indian-Owned Economic Enterprises | 2000-06-01 00:00:00 | 26.104 when the contract contains 52.219-09 |  | Comments:  Required in DoD contracts (that contain 52.219-09), optional in other Federal contracts. | The Contractor shall use it best efforts to give Indian organizations and Indian-owned economic enterprises the maximum practicable opportunity to participate in the subcontracts it awards with efficient performance of its contract.
AWA |  |  | 52.226-02 |  | Historically Black College or University and Minority Institution Representation | 2001-03-01 00:00:00 | 26.304 for solicitations exceeding micro-purchase threshold, $2,500, with higher education |  | Comments:  Check "is not" for both representations because University of California is not a HBCU or MI.
AWA | R Required if subcontract greater than simplified acquisition threshold (as of 1/31/10, threshold was still $100,000, see FAR 2.101 for definition). |  | 52.227-01 | Alt I for research and development contracts | Authorization and Consent | 2007-12-01 00:00:00 | 27.201-2(b) for domestic contracts over the simplified acquisition threshold (as of 1/31/10, threshold was still $100,000, see FAR 2.101 for definition). |  | Comments:  None | The Government authorizes and consents to all use and manufacture of any invention described in and covered by a US patent.  The liability to the Gov. for infringement of a patent will be determined by the provisions of the indemnity clause, if any, in this contract or subcontract. | Please use this clause with Alternate I for research and development [subcontracts, as prescribed in 52.201-2(b).
AWA | R Required if subcontract greater than simplified acquisition threshold (as of 1/31/10, threshold was still $100,000, see FAR 2.101 for definition). |  | 52.227-02 |  | Notice and Assistance Regarding Patent and Copyright Infringement | 2007-12-01 00:00:00 | 27.201-2(b) for solicitations and contracts which include 52.227-1. |  | Comments:  None | Clause says Contractor shall report to Contracting Officer each notice or claim of patent or copyright infringement. Only required when contract value exceeds simplified acquisition threshold ($100K).
REJECT |  |  | 52.227-03 |  | Patent Indemnity | 2007-12-01 00:00:00 | 27.201-2©(1) in solicitations and contracts for delivery of commercial items. |  | Comments:  Not applicable to research per 27.201-1(d). Alt I or II apply per 27.201-2 ( c)(2) "if contract Also requires delivery of items that are not commercial. | Clause says [NAME] required to reimburse Government for liability for patent infringement. Applicable to construction or contracts for supplies and services that normally are or have been sold or offered to sale by any supplier to the public. Not applicable to University R & D contracts. Not used when 52.227-1, "Authorization and Consent," with its alternate I, is used. (52.227-1, Alt. I says Government consents to use of all patented inventions in performance of contract.) | Please delete. Clause 52.227-1 will be used in this [subcontract with its Alternate I.
REJECT |  |  | 52.227-04 |  | Patent Indemnity - Construction Contracts | 2007-12-01 00:00:00 | 27.201-2(d)(1) for fixed-price contracts for dismantling, demolition, or removal of improvements. |  | Comments:  Not applicable to research, not used when contract contains 52.227-01 with Alternate I. | Use 52.227-1, Alt. I-mandatory flow down, Authorization and Consent.
AWA |  |  | 52.227-05 |  | Waiver of Indemnity | 1984-04-01 00:00:00 | 27.203-6 when it is appropriate to exempt one or more U.S. patents from the patent indemnity clause (52.227-03) |  | Comments:  None | Contracting Officer identifies patents waived of indemnification.
AWA |  |  | 52.227-06 |  | Royalty Information | 1984-04-01 00:00:00 | 27.204-2 in solicitations for contracts for which royalty information is desired or for which cost data are required |  | Comments:  None | When costs or charges for royalties total more than $250; detailed information required on each item of royalty or license fee.
AWA |  |  | 52.227-07 |  | Patents - Notice of Government Licensee | 1984-04-01 00:00:00 | 27.204-3(c) if the Government is obligated to pay a royalty on a patent involved in the prospective contract | C&G Memo 95-12 (10/20/95)  http://www.ucop.edu/raohome/cgmemos/ | Comments:  None | The [NAME] is obligated to pay a royalty applicable to the proposed acquisition and Contracting Officer must fill in patent number and royalty rate.
AWA | R Required if subcontract in which the amount of royalties reported during negotiation of the subcontract exceeds $250.00. |  | 52.227-09 |  | Refund of Royalties | 1984-04-01 00:00:00 | 27.206-2 for negotiated fixed-price contracts when there may or may not be substantial royalties paid by the contractor |  | Comments:  Not used in cost-reimbursement contracts. | Describes when a refund should be made of royalties.
REJECT | R Required in all subcontracts at any tier that cover or are likely to cover classified subject matter. |  | 52.227-10 |  | Filing of Patent Applications - Classified Subject Matter | 2007-12-01 00:00:00 | 27.203-2 for contracts that may result in a patent application containing classified subject matter |  | Comments:  Applicable only in classified contracts and subcontracts. | Clause says before Contractor files patent application disclosing subject matter of contract classified as "Secret" or higher, Contractor shall transmit application 30 days prior to application. Applicable only to contracts dealing with classified material. University of California does not do classified research. Do not accept clause. | Please delete. [NAME] does not perform classified research.
AWA | R Required in all subcontracts with small business or nonprofit organization. |  | 52.227-11 | Alts. III or IV for contracts for operation of gov't-owned, contractor-operated (GOCO) facilities | Patent Rights - Retention by Contractor (Short Form) | 2007-12-01 00:00:00 | 27.303 (b) (1) for all contracts unless an alternative is prescribed. |  | Comments:  This is the standard patent clause applicable to the University under Federal contracts. | Standard patent clause applicable to University under Federal contract. Contractor retains rights to inventions.
REJECT | R Required in all subcontracts with all other sellers. |  | 52.227-12 |  | Patent Rights - Retention by Contractor (Long Form) | 1997-01-01 00:00:00 | 27.303 (b) for most contracts with large businesses |  | Comments:  Not applicable to the University. |  | Please delete and use clause 52.227-11, "Patent Rights - Retention by the Contractor (Short Form)," which is prescribed for nonprofit institutions.
REJECT | R Required to include this clause (suitably modified to identify the parties) in all subcontracts, regardless of tier, for experimental, developmental, or research work. The subcontractor shall retain all rights provided for the Contractor in this clause, and the Contractor shall not, as part of the consideration for awarding the subcontract, obtain rights in the subcontractor’s subject inventions. |  | 52.227-13 | Use 52.227-11 instead | Patent Rights - Acquisition by the Government | 2007-12-01 00:00:00 | 27.303 (e) if contractor isn't located in US or agency head makes "exceptional circumstances" determination. |  | Comments:  Generally not applicable to the University. | Describes allocations of patent rights.  Generally not applicable to the University. | Please delete and use clause 52.227-11, "Patent Rights - Retention by the Contractor (Short Form)," which is prescribed for nonprofit institutions.
AWA | R Required The Contractor has the responsibility to obtain from its subcontractors all data and rights therein necessary to fulfill the Contractor’s obligations to the Government under this contract. If a subcontractor refuses to accept terms affording the Government such rights, the [NAME] shall promptly bring such refusal to the attention of the Contracting Officer and not proceed with subcontract award without further authorization. Use Alt. IV if seller is educational institution. |  | 52.227-14 | Alt IV for educational institutions | Rights in Data - General | 2007-12-01 00:00:00 | 27.409 (b) (1) in most contracts if it is contemplated that data will be produced, furnished or acquired. | C&G Memos 86-3 (2/3/86)  & 98-05 (9/16/98)  http://www.ucop.edu/raohome/cgmemos/ | Comments:  Requires action on the part of the contractor to prevent Government obtaining unlimited rights in delivered data. | Defines Rights in Data, use alternate IV for University. | Please use this clause with its Alternate IV which is prescribed for basic or applied research at universities.
AWA |  |  | 52.227-15 |  | Representation of Limited Rights Data and Restricted Computer Software | 2007-12-01 00:00:00 | 27.409 (c) for solicitations that include 52.227-14 when Contracting Officer wants limited rights & data restricted software identified in offer. | C&G Memo 95-12 (10/20/95)  http://www.ucop.edu/raohome/cgmemos/ | Comments:  See comment on 52.227-14        Clause aids gov't in determining whether to use Alternate II or III of standard clause (52.227-14). | Use caution with this clause; requires action to prevent gov't from obtaining unlimited rights in deliveree data; if contractor will withhold any data  or delivery of data under the contract that qualifies as limited rights data, the contractor must certify by checking a box for the requirements of the delivery of data - as none limited or some limited (must ID it).
AWA |  |  | 52.227-16 |  | Additional Data Requirements | 1987-06-01 00:00:00 | 27.409 (h) in R & D contracts (other than basic research under $500,000) unless data requirements specified in the contract | C&G Memos 86-3 (2/3/86) &  98-05 (9/16/98)  http://www.ucop.edu/raohome/cgmemos/ | Comments:  Not applicable to research unless contract exceeds $500,000. | Allows contracting officer to order date 1st produced or specified to be used in performance of contract un less protected by withholding clause.  If ordered to deliver data, can be compensated for converting data to specified form or delivery costs.  The contracting officer can also release these terms. | Please delete. This [subcontract is for basic or applied research at a university and the total is less than $500,000.
REJECT |  |  | 52.227-17 |  | Rights in Data - Special Works | 2007-12-01 00:00:00 | 27.409 (e) primarily in contracts for the production of data for the Government's internal use | C&G Memo 86-3 (2/3/86)  http://www.ucop.edu/raohome/cgmemos/ | Comments:  Not applicable to research. Can limit release of date, thereby creating publication restriction. Do not accept. | Allocates unlimited rights to gov't on data;  gives gov't right to limit the exercise of claim to copyright in data and may limit release and use of date.  Lists release, use restrictions and indemnity information also. | Please delete. [NAME] must be able to retain title to copyrighted works and publish without restrictions.
REJECT |  |  | 52.227-18 |  | Rights in Data - Existing Works | 2007-12-01 00:00:00 | 27.409 (f) for contracts exclusively for the acquisition of audiovisual and similar works | C&G Memo 86-3 (2/3/86)  http://www.ucop.edu/raohome/cgmemos/ | Comments:  Not applicable to research. | The Contractor grants the Govt the right to reproduce & display publicly (w/o modification) the material or subject matter called for under this contract, or for which the clause is specifically made applicable.  Not applicable to research contracts. | Please delete. This [subcontract is not for the acquisition of existing audiovisual and similar works of the type set forth in 27.405(b)(1).
AWA |  |  | 52.227-23 |  | Rights to Proposal Data (Technical) | 1987-06-01 00:00:00 | 27.409(s) when the Contracting Officer desires to acquire unlimited rights in proposal data | C&G Memos 86-3 (2/3/86) & 98-05 (9/16/98)  http://www.ucop.edu/raohome/cgmemos/ | Comments:  Requires action on the part of the contractor to prevent Government obtaining unlimited rights in proposal data. PI must identify exclude data in proposal if don't want Govt. to have unlimited rights. | In the event of an award, the Govt. shall have unlimited rights to technical data contained in the proposal - unless otherwise specified (by page numbers) in this clause.
Reject |  |  | 52.228-06 |  | Reserved
AWA |  |  | 52.228-07 |  | Insurance - Liability to Third Persons | 1996-03-01 00:00:00 | 28.311-1 for most non-construction cost-reimbursement contracts |  | Comments:  The University OF California does maintain a qualified self-insurance program. | The Contractor shall provide & maintain a quality self-insurance program that includes workers comp, bodily injury, property damage, etc.
AWA |  |  | 52.229-03 |  | Federal, State and Local Taxes (State and [NAME]) | 2003-04-01 00:00:00 | 29.401-3 for certain fixed-price noncompetitive negotiated domestic contracts over the simplified acquisition threshold (as of 1/31/10, threshold was still $100,000, see FAR 2.101 for definition). |  | Comments:  Not used in cost-reimbursement contracts; used when the contract price does not include contingencies for state/local taxes. | For adjustment amounts over $250, this clause ensures that the contract price will be adjusted to account for unanticipated or changed taxes. |  | Added to spreadsheet 3/31/05 by [NAME]
AWA | R Required that if a subcontractor under this contract obtains a foreign tax credit that reduces its Federal income tax liability. |  | 52.229-08 |  | Taxes - Foreign Cost-Reimbursement Contracts | 1990-03-01 00:00:00 | 29.402-2(a) for contracts wholly or partly performed in a foreign country |  | Comments:  None | a. Disallows foreign taxes as allowable cost if US is exempt by agreement with that country.    B. Contractors and subcontractors must pay to the US gov't. any foreign tax credit that reduces its federal income tax liability.
AWA |  |  | 52.230-01 |  | Cost Accounting Standards Notices and Certification | 2008-10-01 00:00:00 | 30.201-3 in solicitations for contracts that are subject to the Cost Accounting Standards | C & G Memo 95-12 (10/20/95) | Comments:  Check Part I, box 2. Part II - N/A; Part III - "No". | Simply means contract subject to CAS; not applicable to small businesses or foreign governments.
REJECT | R Required to comply with all CAS. |  | 52.230-02 |  | Cost Accounting Standards | 2008-10-01 00:00:00 | 30.201-4(a) for negotiated contracts unless exempt. |  | Comments:  Not applicable and should not be accepted. Use 52.230-5 for educational institutions. |  | Please delete and replace with 52.230-5, applicable to educational institutions.
REJECT | R Required in subcontracts not exempt from CAS & in excess of $500K |  | 52.230-03 |  | Disclosure and Consistency of Cost Accounting Standards | 2008-10-01 00:00:00 | 30.201-4(b)(1) for negotiated contracts over $500,000 using modified CAS unless exempt. |  | Comments:  Not applicable to University of California  campuses. Should not be accepted. University of California campuses do not use modified CAS coverage.
REJECT |  |  | 52.230-04 |  | Consistency in Cost Accounting Practices | 2008-10-01 00:00:00 | 30.201-4(c) for exempt contracts conducted in United Kingdom. |  | Comments:  Not applicable and should not be accepted.
AWA | R Required in subcontracts not exempt from CAS&  in excess of $500K |  | 52.230-05 |  | Cost Accounting Standards--Educational Institution | 1998-04-01 00:00:00 | 30.201-4(e) negotiated contracts with educational institutions. |  | Comments:  Applicable to  cost-type contracts in excess of $500,000 based upon submitted price data; may not be applicable to firm-fixed price contracts. | Other exemptions for subcontractors found at www.fedgovcontracts.com/ pe00-37.htm FLOW DOWN IF: only in excess of $500K & small businesses exempt.
AWA | R Required if subcontract subject to 52.230-2, 52.230-3, or 52.230-5. |  | 52.230-06 |  | Administration of Cost Accounting Standards | 2008-03-01 00:00:00 | 30.201-4(d)(1) for contracts which contain 52.230-02, 03 or 05. |  | Comments:  Applies to fixed price or cost-type contracts in excess of $500,000 based upon submitted price data. | Applies to the administration of Cost Accounting Stds for contracts  >$500K and subject to FAR 52.230-2, -3 or -5.  If change in cost acct practice, must submit cost impact proposal, describe cost acct practice change, disclose change, and lists monetary amount to withhold if not submitted.  Applies to subcontracts subject to FAR 52.230-2, -3, or -5.
AWA |  |  | 52.232.38 |  | Submission of Electronic Funds Transfer Information with Offer | 1999-05-01 00:00:00 | 32.110(g) if solicitation contains 52.232-34. |  | Comments:  When CCR isn't used, offeror is required to submit EFT information prior to award. | [NAME] to provide bank and other information to make electronic funds transfer for contract payment.
AWA |  |  | 52.232-01 |  | Payments | 1984-04-01 00:00:00 | 32.111(a)(1) for fixed-price supply or service contracts |  | Comments:  Not applicable to research. | Defines Government payment due dates when a fixed-price supply contract, service contract, or a contract for nonregulated communication services is contemplated.  See comments. | Please delete. This is not a fixed-price [subcontract.
AWA |  |  | 52.232-02 |  | Payments Under Fixed-Price Research and Development Contracts | 1984-04-01 00:00:00 | 32.111(a)(2) for fixed price R&D contracts |  | Comments:  Not used in cost-reimbursement contracts. | Defines Government payment due dates when a fixed-price research and development contract is contemplated | Please delete, this clause is not applicable to a cost-reimbursement contract.
AWA |  |  | 52.232-08 |  | Discounts for Prompt Payment | 2002-02-01 00:00:00 | 32.111(c)(1) for fixed-price supply or service contracts |  | Comments:  Not applicable to research, not used in cost-reimbursement contracts. | Discounts for prompt payment will not be considered in the evaluation of offers.  However, any offered discount will form a part of the award.  See comment. | Please delete, this will not be a fixed-price contract.
AWA |  |  | 52.232-09 |  | Limitation on Withholding of Payments | 1984-04-01 00:00:00 | 32.111(c)(2) for contracts authorizing temporary withholding |  | Comments:  None
AWA |  |  | 52.232-11 |  | [NAME] | 1984-04-01 00:00:00 | 32.111(d)(2) for fixed-price supply, service, or transportation contracts |  | Comments:  Not applicable to research. |  | Please delete, this will not be a fixed-price contract.
AWA |  |  | 52.232-12 | Alternates II, IV or V as indicated in Comments | Advance Payments | 2001-05-01 00:00:00 | 32.409-3(e); 32.412(a) when the Government will provide advance payments | C&G Memo 91-3 (2/4/91)  http://www.ucop.edu/raohome/cgmemos/ | Comments:  Alt I used when countersignature waived, [NAME] used when interest not charged, Alt V used when special bank account waived.
REJECT |  |  | 52.232-17 |  | Interest | 1996-06-01 00:00:00 | 32.617(a) for most fee-bearing contracts over the simplified acquisition threshold |  | Comments:  Not applicable to the University because clause not applicable to contracts without provision for profit or fee with nonprofit organizations. | Clause provides that all amounts that become payable by the Contractor to the Govt, shall bear simple interest from the date due until paid as a specified interest rate to be calculated. Clause also states that except as otherwise provided in the contract under a price reduction for defective cost or pricing data clause or a cost accounting standards clause, it applies.  This does not apply to state or local government or instrumentality.
AWA |  |  | 52.232-18 |  | Availability of Funds | 1984-04-01 00:00:00 | 32.705-1(a) for contracts beginning before the funds are available |  | Comments:  Makes payment by the Government subject to availability of funds. Work should not commence until funding is confirmed in writing by the Contract Officer.
AWA |  |  | 52.232-20 |  | Limitation of Costs | 1984-04-01 00:00:00 | 32.705-2(a) for most fully-funded cost-reimbursement contracts |  | Comments:  None | [NAME] won't pay more than agreed unless change order issued containing a statement increasing the estimated cost. Also states [NAME] will use "its best efforts" to perform the work.
AWA |  |  | 52.232-22 |  | Limitation of Funds | 1984-04-01 00:00:00 | 32.705-2(c) for incrementally-funded cost-reimbursement contracts |  | Comments:  None | For incrementally funded cost-reimbursement contracts, Contractor must inform gov't when it expects costs  in the next 60 days to exceed 75% of total and include estimate of amount of additional funds needed to continue performance.
AWA |  |  | 52.232-23 |  | Assignment of Claims | 1986-01-01 00:00:00 | 32.806(a)(1)and(2) in most contracts over $1,000 unless 52.232-24 is used |  | Comments:  None | Contractor can assign its rights to be paid amounts due to financial institution, unlikely to be applicable to educational institution.
AWA |  |  | 52.232-24 |  | Prohibition of Assignment of Claims | 1986-01-01 00:00:00 | 32.806(b) when the prohibition on the assignment of claims is in the Government's interest |  | Comments:  None | prohibits assignment of claims; unlikely to be applicable to educational institutions.
AWA |  |  | 52.232-25 |  | Prompt Payment | 2003-10-01 00:00:00 | 32.908(c) for most contracts |  | Comments:  None | [NAME] will make invoice payments: the 30th day after office receives invoice; or, the 30th after gov't acceptance of supplies delivered or services performed.  Invoice must contain all info detailed in this clause
AWA |  |  | 52.232-33 |  | Payment by Electronic Funds Transfer -- Central Contractor Registration | 2003-10-01 00:00:00 | 32.1110(a)(1) in all solicitations/contracts if the payment office uses the CCR database as source of EFT payment. |  | Comments:  All university of California campuses are registered on CCR. | CCR will generate the CAGE number if you don't have one, found at:  http://www.ccr.gov/
AWA |  |  | 52.232-34 |  | Payment by Electronic Funds Transfer -- Other than Central Contractor Registration | 1999-05-01 00:00:00 | 32.1110(a)(2) in solicitations/contracts where payment office cannot make EFT payments. |  | Comments:  Clause allows other type of EFT payment when govt. office doesn't use CCR, such as NASA. Replace (c) with EFT mechanism. | Describes how electronic payments are made if the Central Contractor Registration is not used.  Also who has liability if the information is incorrectly used ([NAME]) or incorrectly given (contractor).
AWA |  |  | 52.232-35 |  | Designation of Office for Government Receipt of Electronic Funds Transfer Information | 1999-05-01 00:00:00 | 32.1110(c) if EFT information is to be submitted to other than payment office. |  | Comments:  Informs contractor where to send the EFT information if CCR isn't used. | Allows Govt to establish office (in paragraph C of clause) to receive contractor's electronic funds transfer (EFT) information, in lieu of payment office in contract; contractor will send EFT info and EFT changes to this office; and Govt shall not use EFT info sent to any other office than that designated in paragraph C.
AWA |  |  | 52.233-01 | Alt I | Disputes | 2002-07-01 00:00:00 | 33.215 for most contracts |  | Comments:  Makes contract subject to Contract Disputes Act. Paragraph (g) provides for the use, by mutual consent, of alternative dispute resolution procedures. | Provides for contractor with regard to  disputes or claims for payment to the Contractor of over $100k, sets forth timeliness of claim and response, provides for alternative resolution procedure, appeals, and interest to contractor should resolution be determined in favor of contractor.  Also says contractor must continue to faithfully fulfill the contract terms during dispute resolution period.
AWA |  |  | 52.233-02 |  | Service of Protest | 2006-09-01 00:00:00 | 33.106(a) in solicitations for contracts over the simplified acquisition threshold (as of 1/31/10, threshold was still $100,000, see FAR 2.101 for definition). |  | Comments:  None | Protests that are filed directly w/an agency (or copies filed with the GAO) shall be served by obtaining written/dated acknowledgment of receipt.
AWA |  |  | 52.233-03 | Alt I for cost-reimbursement contracts | Protest After [NAME] | 1996-08-01 00:00:00 | 33.106(b) in all contracts |  | Comments:  None | This clause identifies the possible actions following a "protest" -a written objection by an interested party to a solicitation, to the cancellation of a solicitation, to an award or proposed award of the contract, or to a termination or cancellation of an award or contract if the written objection contains an allegation that it is based on improprieties concerning the ward or contract. Basically, a stop-work order may or may not be issued, and may or may not then be cancelled, and there are rules about adjusting the costs due to these actions. | Please add Alternate I, which is appropriate for a cost-reimbursement [subcontract.
AWA |  |  | 52.233-04 |  | Applicable Law for Breach of Contract Claim | 2004-10-01 00:00:00 | 33.215(b) for all contracts |  | none | [NAME] will apply to resolve any claim of breach of contract.
AWA |  |  | 52.237-02 |  | Protection of Government Buildings, Equipment and Vegetation | 1984-04-01 00:00:00 | 37.110(b) for contracts performed at Government installations |  | Comments:  None | The Contractor shall use care to avoid damaging existing buildings, equipment and vegetation on the Government installation.  If there is damage to any of the property, the Contractor must replace or repair the damage at no cost to the Government. | Please delete, not applicable to this [subcontract.
AWA |  |  | 52.237-03 |  | Continuity of Services | 1991-01-01 00:00:00 | 37.110 c for service contracts considered vital to the gov't |  |  | When services under the contract are considered vital to the Government. & must be continued w/o interruption and when upon contract expiration, a successor, either the Government. Or another contractor. One example would be in remote locations or services requiring personnel with special security clearances.
AWA | Required in all subcontracts under this contract for health care services and shall require such subcontractors to provide evidence of and maintain insurance in accordance with this clause. At least 5 days before the commencement of work by any subcontractor, the [NAME] shall furnish to the Contracting Officer evidence of such insurance. |  | 52.237-7 |  | Indemnification and Medical Liability Insurance | 1997-01-01 00:00:00 | 37.403 in solicitations and contracts for nonpersonal health care services. |  | Comments: Unlikely to be included in contracts with universities without medical schools unless done through subcontract to third party. | Explains requirements for contractor to have medical liability insurance.
AWA |  |  | 52.242-01 |  | Notice of Intent to Disallow Costs | 1984-04-01 00:00:00 | 42.802 for most contracts |  | Comments:  None | Contracting officer may issue notice of intent to disallow specified incurred costs that have been determined to be unallowable under terms. Contractor may submit response to justify costs.
AWA |  |  | 52.242-03 |  | Penalties for Unallowable Costs | 1995-10-01 00:00:00 | 42.709-6 in cost-reimbursement contracts over $500,000 |  | Comments:  Contractors may be subject to monetary penalties for including unallowable costs in their indirect cost proposals
REJECT |  |  | 52.242-04 |  | Certification of Final Indirect Costs | 1997-01-01 00:00:00 | 42.703-2(f) for contracts providing for final indirect cost rates |  | Comments:  Does not apply to the University of California (which uses predetermined or provisional rates) | Shows language to use and who signs in indirect cost certificates. | Please delete. This clause is not necessary for educational institutions.
AWA |  |  | 52.242-13 |  | Bankruptcy | 1995-07-01 00:00:00 | 42.903 for all contracts over the simplified acquisition threshold, $100K as of 12/04. |  | Comments:  None | In any contract over simplified acquisition. threshold and states that if we go bankrupt we'll notify, in writing, the government contract officer within 5 days of initiation of proceeding related to bankruptcy.
NEGOTIATE |  |  | 52.242-15 | Alt I for cost reimbursement R&D contracts | Stop Work Order | 1989-08-01 00:00:00 | 42.1305(b) for contracts for supplies, services, or research and development |  | Comments:  Not generally appropriate for University-conducted research; Can be accepted if necessary. Termination clause (52.249-05) should be sufficient to protect the Government's interest. If can't remove, must have Alt I & 52.249-05. | This clause established responsibility for both parties when gov't issues stop-work order which the gov't has up to 90 days to cancel.  [NAME] can be reimbursed for allowable costs prior to stop-work order and for uncancellable obligations.  This clause is optional for FP SVC, try to remove. | Please use this clause with its Alternate I since this is a cost-reimbursement [sub]contract. [NAME] will accept this clause with the understanding that [NAME] will be able to terminate the subcontract if staff are not available to resume work after a period of work stoppage.                     Add the following in case of subcontracts: "This clause shall only apply if a Stop Work Order is issued under the prime contract. Buyer will notify the [NAME], and the [NAME] will stop work in accordance with the terms of FAR Clause 52.242-15 and its Alternate I."
AWA |  |  | 52.243-01 | With Alt V for research and development contracts | Changes - Fixed-Price | 1987-08-01 00:00:00 | 43.205(a)(6) for most fixed-price contracts |  | Comments:  Not used in cost-reimbursement contracts. | The Contracting Officer, by written order, make changes to the contract including: design, spec, shipping methods, place of inspection, deliverance…  [NAME] has 30 days to ask for an adjustment in the award. | Please change to FAR 52.243-2, "Changes - cost Reimbursement," with Alternate V for R & D [sub]contracts.
AWA |  |  | 52.243-02 | With Alt V for research and development contracts | Changes - Cost Reimbursement | 1987-08-01 00:00:00 | 43.205(b)(6) for cost-reimbursement contracts if "desired" |  | Comments:  Generally not appropriate for basic research. | CO by written order (at any time) make changes within the general scope of the contract for: Specifications, method of shipping/packing or place of delivery.  If changes cause an increase/decrease in est. cost or time of performance, the CO shall make equitable adj to est cost, delivery or completion schedule, amount of fixed fee or other affected terms.  Contractor must assert right to adj within 30 days fm receipt of order.  Alt 1 - for Services/no Supplies; [NAME] and Supplies; [NAME]; Alt 4 Facilities Contract; and Alt 5 for R/D.
AWA |  |  | 52.243-06 |  | Change Order Accounting | 1984-04-01 00:00:00 | 43.205(f) for certain contracts of significant technical complexity when numerous changes are anticipated |  | Comments:  Requires special change order accounting for changes over $100,000. | Requires change order accounting (and specifies what to include) whenever the est. cost of a change exceeds $100K - Contractor shall maintain accounting until equitable adjustment is ordered or matter disposed.
AWA |  |  | 52.243-07 |  | Notification of Changes | 1984-04-01 00:00:00 | 43.106 for contracts over $1 million that are for the acquisition of major weapons systems |  | Comments:  Not applicable to research. | Applies to R&D and acquisition contracts for purchase of weapons over $1M allowing the contractor to request adjustments for changes in contract scope, price or delivery schedule, or both.
AWA |  |  | 52.244-02 | Alt I for contracts with civilian agencies except NASA | Subcontracts | 2007-06-01 00:00:00 | 44.204(a)(2) for most cost-reimbursement contracts |  | Comments:  If contractor has an approved purchasing system, consent is not required to subcontract, unless specifically identified by the contracting officer in the subcontracts clause of the contract. | For cost reimbursement contract, if [NAME] does not have a federally "approved purchasing system," or a FP contract above the SAT, must request from Contracting Officer a consent to subcontract, addressing 7 (A-G) issues in clause, before actually issuing a subcontract.
AWA |  |  | 52.244-05 |  | Competition in Subcontracting | 1996-12-01 00:00:00 | 44.204(e) for most contracts over the simplified acquisition. threshold |  | Comments:  None | To the maximum extent practical, Contractor shall select subcontractors on a competitive basis.
AWA | Required, Required in subcontracts for commercial items |  | 52.244-06 |  | Subcontracts for Commercial Items | 2009-12-01 00:00:00 | 44.403 in contracts for commercial supplies or services other than commercial items. | University of California BUS-43 Sup.5.1. | Comments:  Contractor shall flowdown clauses listed in subcontracts for supplies and services for commercial or other than commercial items/components | To the maximum extent practicable, Contractor shall require its subcontractors to incorporate commercial or nondevelopmental items  as component of items to be supplied under this contract. For those subcontracts for commercial items, clause specifies 5 clauses to be included in subcontracts.
AWA |  |  | 52.245-01 | Alt. II for educational institutions | Government Property | 2007-06-01 00:00:00 | 45.107 (a) for all cost-reimbursement, time-and-materials, and labor-hour type solicitations and contracts. |  | Comments: None.
AWA |  |  | 52.245-02 | Alt II for educational institutions | Government Property (Fixed-Price Contracts) | 2004-05-01 00:00:00 | 45.106(b)(1) for most fixed-price contracts |  | Comments:  Not used in cost-reimbursement contracts. | Explains delivery, use, changes, title & administration of Govt. owned Property being used under the terms of the contract. | Please use with Alternate II, which is prescribed for nonprofit educational institutions.
REJECT |  |  | 52.245-04 |  | Government-Furnished Property (Short Form) | 2003-06-01 00:00:00 | 45.106(d) for fixed-price contracts involving Government-furnished property having an acquisition cost less than $50,000 |  | Comments:  Not applicable to the University. | [NAME] rules for the use of government-furnished property.  Not applicable to the University.
AWA | Required, Required if subcontractor receives GFE from the prime |  | 52.245-05 | Alt I for educational institutions | Government Property (Cost-Reimbursement, Time-and-Material or Labor-Hour Contracts) | 2004-05-01 00:00:00 | 45.106(f)(1) for most cost-reimbursement contracts |  | Comments:  None | This 20-page clause is the Government's basic clause dealing with "Government-furnished property," also known as Government -furnished Equipment (GFE). Government retains title and Contractor keeps track of it Equipment bought with contract funds, not GFE, costing less than $5,000 belongs to [NAME]; requires prior approval. Title to equipment purchased with contract funds and worth more than $5,000 shall vest as set forth in contract. No UNIVERSITY OF CALIFORNIA guidance Ask for title to property. | Please use with Alternate I, which is prescribed for nonprofit educational institutions.
AWA | Required, Required if subcontract involves the use of special tooling |  | 52.245-17 |  | Special Tooling (references to "Government" remain unchanged) | 2004-05-01 00:00:00 | 45.306-5  insert  in fixed price contracts and those where government is providing special tooling or contractor is manufacturing special tooling for government |  | Comments:  None | Special tool supplied by government or manufactured for government, title remains with government.  Supplied by government on AS-IS basis.  Clause includes how to track the property.
AWA | Required, Required if subcontract involves use of special test equipment or components |  | 52.245-18 |  | Special Test Equipment | 1993-02-01 00:00:00 | 45.307-3 for negotiated contracts involving special test equipment acquired for the Government |  | Comments:  None | Defines "special test equipment". The Contractor may acquire or fabricate special test equipment at Gov. expense when the equipment is not itemized in the contract, with prior approval of the Contracting Officer.
AWA |  |  | 52.245-19 |  | Government Property Furnished 'As Is' | 1984-04-01 00:00:00 | 45.308-2 for most contracts when Government production and research property is to be furnished "as is" |  | Comments:  None | Government makes no warranty whatsoever with respect to Government. Property furnished "as is."  Any modification to such property will be done at [NAME]'s expense with prior permission of the Contracting Officer.
AWA |  |  | 52.246-02 |  | Inspection of Supplies-Fixed-Price (the Government shall also have full rights of inspection) | 1996-08-01 00:00:00 | 46.302 insert if fixed price contract greater than 100k or if Contracting Officer feels in the government interest. |  | Comments:  None | Clause states how inspection records of materials and supplies must be kept, Government rights to also inspect materials and supplies and what needs to be done if materials and supplies are found not acceptable.
REJECT |  |  | 52.246-03 |  | Inspection of Supplies - Cost Reimbursement | 2001-03-01 00:00:00 | 46.303 in cost-reimbursement contracts involving the furnishing of supplies |  | Comments:  Not applicable to research. | Contractor shall provide and maintain an inspection system acceptable to the [NAME].  [NAME] has right to inspect and test contract supplies.  [NAME] may require contractor to replace or correct any supplies not in conformity. Will reimburse for costs of reperformance, but no additional contract fees. | Please delete and replace with 52.246-9, "Inspection of Research and Development (Short Form).
REJECT |  |  | 52.246-04 | 52.246-9 (short form) | Inspection of Services - Fixed-Price | 1996-08-01 00:00:00 | 46.304 for fixed-price service contracts over the simplified acquisition threshold (as of 1/31/10, threshold was still $100,000, see FAR 2.101 for definition). |  | Comments:  Not used in cost-reimbursement contracts, not applicable to research. | Fixed price contract only. | Please delete and replace with 52.246-9, "Inspection of Research and Development (Short Form).
REJECT |  |  | 52.246-05 |  | Inspection of Services - Cost Reimbursement | 1984-04-01 00:00:00 | 46.305 for cost-reimbursement service contracts |  | Comments:  Not applicable to research. | This FAR gives a definition of services, records to be kept, rights of government to inspect, test and consequences of non-conformance. | Please delete and replace with 52.246-9, "Inspection of Research and Development (Short Form).
REJECT |  |  | 52.246-06 |  | Inspection - Time-and-Material and Labor-Hour | 2001-03-01 00:00:00 | 46.306 for time-and-material and labor-hour contracts |  | Comments:  Not applicable to research. Change instrument from TM/LH to other type | Lists definitions of clause; Contractor must provide and maintain an inspection system accept to the Govt covering the material, fabricating methods, work and services under the contract; provide, maintain and make available records of inspected work.  Govt has right to inspect and test all materials furbished and services provided.  Contractor to provide all reas. facilities/assistance for inspection on contractor site. Items assumed accepted 60 days after delivery to Govt.  Up to 6 months after acceptance, Govt may require contractor to replace/correct if item failed to meet contract requirements.  If [NAME] fails to replace/correct, clause lists action Govt can take with some exceptions.  Alt I lists change in clause if inspection/acceptance take place at contractor's plant. | Please delete and replace with 52.246-9, "Inspection of Research and Development (Short Form).
REJECT |  |  | 52.246-07 | 52.246-9 (short form) | Inspection of Research and Development - Fixed Price | 1996-08-01 00:00:00 | 46.307(a) for fixed-price contracts over simplified acquisition threshold requiring delivery other than designs/reports (as of 1/31/10, threshold was still $100,000, see FAR 2.101 for definition). |  | Comments:  52.246-09 should be used instead. | For R & D fixed price contracts allows govt.  right to inspect and test all work called for by the contract before acceptance and  right to reject nonconforming work, or accept work and reduce contract amt. Negotiate out to replace with 52.246-9.
REJECT |  |  | 52.246-08 | Alt I in no-fee contracts; prefer use of 52.246-09 | Inspection of Research and Development - Cost-Reimbursement | 2001-03-01 00:00:00 | 46.308 for cost-reimbursement research and development contracts requiring delivery of items other than designs/reports |  | Comments:  52.246-09 should be used instead. Govt. may require Contractor to redo unacceptable work, and, if [NAME] fails to do so, may charge [NAME] for any increased cost. | Govt. has the right to inspect performance and premises of work being conducted under the contract/sub-contract. If work is unacceptable, contractor will be charged w/increased cost of re-doing it.  Govt. also has the right to terminate the contract if work is not corrected w/promptness.  Use 52.246-09 (short-form) instead. | Please use with Alternate I, [if] this will be a no-fee [sub]contract.
AWA |  |  | 52.246-09 |  | Inspection of Research and Development (Short Form) | 1984-04-01 00:00:00 | 46.309 when 52.246-07 or 52.246-08 are not used |  | Comments:  This is the preferred inspection clause. | For R & D contracts, Government has right to inspect premises at reasonable times UNIVERSITY OF CALIFORNIA prefers this clause, rather than 52.246-7 or 52.246-08. Mentions subcontractors but not explicitly a flow down.
AWA |  |  | 52.246-16 |  | Responsibility for Supplies | 1984-04-01 00:00:00 | 46.316 for supplies, services and research fixed-price exceeding simplified threshold. |  | Comments:  Generally not applicable to research but could be found in a fixed price contract. | Clause explains when the title for supplies moves from the Contractor to the Government.  This determines who is responsible for risk of loss or damage to supplies. | Please delete, since this will not be a fixed-price contract.
REJECT |  |  | 52.246-23 |  | Limitation of Liability | 1997-02-01 00:00:00 | 46.805(a)(1) for contracts over the simplified acquisition threshold requiring delivery of items that are not high-value (as of 1/31/10, threshold was still $100,000, see FAR 2.101 for definition). |  | Comments:  Not applicable unless contract requires delivery of high-value items. University OF California doesn't maintain self-insurance program of kind described. If clause isn't removed, agency should be informed University of California doesn't have insurance reserve for purposes stated in clause. If gov't insisted on clause, then it would have to pay for it to be purchased. | States that contractor will not be liable for loss or damage of property of the government that occurs after the government has accepted supplies delivered under the contract or results from defects or deficiencies in the supplies.  Also that this limitation of liability doesn't apply when defect/deficiency results from willful misconduct on contractor's part. | Please use 52.246-25, "Limitation of Liability - Services."
AWA |  |  | 52.246-24 |  | Limitation of Liability -- High Value Items | 1997-02-01 00:00:00 | 46.805(a)(2) for contracts over the simplified acquisition threshold requiring delivery of high-value items (as of 1/31/10, threshold was still $100,000, see FAR 2.101 for definition). |  | Comments:  Not applicable unless contract requires delivery of high-value items. University doesn't maintain self-insurance program of kind described. If clause isn't removed, agency should be informed University of California doesn't have an insurance reserve for purposes stated in clause | The Contactor shall not be liable for loss of or damage to property of the Government, except if the [NAME] carries insurance, or has a reserve for self-insurance. If this is the case the Contractor shall be liable to the Gov. for loss of or damage to Gov. property. | Please delete, not applicable to this [sub]contract.
REJECT |  |  | 52.246-25 |  | Limitation of Liability - Services | 1997-02-01 00:00:00 | 46.805(a)(4) for service contracts over the simplified acquisition threshold, (as of 1/31/10, threshold was still $100,000, see FAR 2.101 for definition). |  | Comments:  Not applicable to research. | This clause states the Contractor is not liable for loss of or damage to property of the government. that occurs after the acceptance of services ; results from any defects or deficiencies in the services performed or materials furnished (from willful misconduct or lack o good faith).  If the Contractor carries insurance for such damage suffered by the Government., to the extent of such insurance, contractor shall be liable. | Please delete, not applicable to this [sub]contract.
REJECT |  |  | 52.247-01 |  | Commercial Bill of Lading | 1984-04-01 00:00:00 | 47.104-4 for cost reimbursement contracts involving movement of household goods or fixed price [NAME] contracts |  | Comments:  Not applicable to research. | If contracting officer authorizes supplies to be shipped on commercial bill of lading and contractor will be reimbursed for transportation costs as direct allowable costs, the contractor shall ensure before shipping that the commercial shipping docs have the information detailed out in this clause. | Please delete, not applicable to this [sub]contract.
AWA |  |  | 52.247-29 |  | F.o.b. Origin | 2006-02-01 00:00:00 | 47.303-1(c) when the delivery term is f.o.b. origin |  | Comments:  Not applicable to research. | "Free on board" ([NAME]) means without charge to the purchaser for delivery on board or into a carrier at a specified location.
AWA |  |  | 52.247-34 |  | F.o.b. Destination | 1991-11-01 00:00:00 | 47.303-6(c) when the delivery term is f.o.b. destination |  | Comments:  Not applicable to research. | For goods sent to the Government, it is not liable for transportation charges until they accept delivery.  Also outlines contract responsibilities.
AWA | Required, Required if subcontract involves international air transportation |  | 52.247-63 |  | Preference for U.S.-Flag Air Carriers | 2003-06-01 00:00:00 | 47.405 whenever international air transportation may occur under the contract. |  | Comments:  Applies only if contract or subcontract involves international air travel. | Implements Fly America Act requiring use of US Flag air carries for Govt funded air transport of personnel and property to the extent service with US carriers is available.  Funds can be disallowed if US carrier is avail but not used.  Can provide a statement as to the reason a US carrier was not used on invoices for reimbursement.
AWA | Required, Required if subcontract involves ocean transportation of supplies subject to the Cargo Preference Act of 1954 |  | 52.247-64 |  | Preference For Privately Owned U.S.-Flag Commercial Vessels | 2006-02-01 00:00:00 | 47.507(a)-(c) for contracts involving ocean transportation of supplies subject to the Cargo Preference Act of 1954 |  | Comments:  None | Requires compliance with Cargo Preference Act, 50% of ocean transported goods, supplies, and equipment must be shipped on US privately owned vessels, providing of bills of lading with specified information to the contracting officer within 20 - 30 days when transporting within and outside of the US, respectively. Mandatory flow down except for construction, ocean transportation services and/or direct supplies to military.
REJECT |  |  | 52.247-67 |  | Submission of Commercial Transportation Bills to the General Services Administration for Audit | 2006-02-01 00:00:00 | 47.103-2 for cost reimbursement contracts involving direct charges for transportation |  | Comments:  Paperwork burden has not been cleared for use with nonprofits--clause should not be accepted. | Contractor shall submit commercial transportation bills to GSA for audit.  Only submit freight bills over $50.
REJECT |  |  | 52.248-01 |  | Value Engineering | 2000-02-01 00:00:00 | 48.201 for certain contracts over the simplified acquisition threshold (research and development contracts are exempted) (as of 1/31/10, threshold was still $100,000, see FAR 2.101 for definition). |  | Comments:  Not applicable to research. | Encourages contractor to develop, prepare and submit value engineering change proposals (VECPs) voluntarily. | Please delete, not applicable to nonprofit institutions.
REJECT |  |  | 52.249-01 |  | Termination for Convenience of the Government (Fixed Price) (Short Form) | 1984-04-01 00:00:00 | 49.502(a)(1)&(2) for certain fixed-price contracts under the simplified acquisition  threshold (as of 1/31/10, threshold was still $100,000, see FAR 2.101 for definition). |  | Comments:  52.249-05 should be used instead. | Clause is to be inserted in contracts of $100K or less except in contracts for research and development with an educational or nonprofit institution. The clause states  the Contracting Officer may terminate the contract, in whole or in part, when it is in the Government's interest. | Please delete and replace with 52.249-5, "Termination for Convenience of the Government (Educational and Other Nonprofit Institutions)."
REJECT |  |  | 52.249-02 |  | Termination for convenience of the Government (Fixed-Price) | 2004-05-01 00:00:00 | 49.502(B)(1)(I)  in solicitations and contracts when a fixed-price contract is contemplated |  | Comments:  52.249-05 should be used instead. | This basically lets the agency terminate the work under the contract because they feel it's "in the Government's interest".
REJECT |  |  | 52.249-04 |  | Termination for Convenience of the Government (Services) | 1984-04-01 00:00:00 | 49.502(c) for certain fixed-price service contracts |  | Comments:  Not applicable to research, 52.249-05 should be used instead. | 52.249-5 is to be used for Educational and Other Nonprofit Institutions. | Please delete and replace with 52.249-5, "Termination for Convenience of the Government (Educational and Other Nonprofit Institutions)."
AWA | Required, Required if subcontractor is educational institution or nonprofit; use 52.249-1 or 52.249-2 for other entities. |  | 52.249-05 |  | Termination for Convenience of the Government (Educational and Other Nonprofit Institutions) | 1996-09-01 00:00:00 | 49.502(d) for research and development contracts at educational institutions |  | Comments:  None | [NAME] may terminate work under contract if in [NAME] interest.
REJECT |  |  | 52.249-06 |  | Termination (Cost-Reimbursement) | 1996-09-01 00:00:00 | 49.503(a)(1)and(3) for cost-reimbursement contracts except those for research conducted by an educational institution |  | Comments:  52.249-05 should be used instead. | Not applicable to educational institutions. | Please delete and replace with 52.249-5, "Termination for Convenience of the Government (Educational and Other Nonprofit Institutions)."
REJECT |  |  | 52.249-08 |  | Default (Fixed-Price Supply and Service) | 1984-04-01 00:00:00 | 49.504(a)(1) for fixed-price supply or service contracts the simplified acquisition  threshold (as of 1/31/10, threshold was still $100,000, see FAR 2.101 for definition). |  | Comments:  Not applicable to research. | This lets the agency terminate the contract if the contractor defaults in any way, e.g., doesn't complete the work in a timely manner. For fixed price contracts only. Not R & D. | Please delete, since FAR 49.504(b) specifies that this is not prescribed for educational institutions.
REJECT |  |  | 52.249-09 |  | Default (Fixed-Price Research and Development) | 1984-04-01 00:00:00 | 49.504(b) for most fixed-price research and development contracts except those performed by an educational institution |  | Comments:  Not applicable to the University. | As prescribed in 49.504(b) excepts educational or nonprofit institutions from this clause. | Please delete, since FAR 49.504(b) specifies that this is not prescribed for educational institutions.
AWA |  |  | 52.249-14 |  | Excusable Delays | 1984-04-01 00:00:00 | 49.505(d) in most fee-bearing cost-reimbursement contracts |  | Comments:  University of California usually does not participate in fee-bearing cost reimbursement contracts. Clause only applicable to fee-bearing contracts. | Used in contracts for supplies, services, construction and R/D on a fee basis for cost-reimbursement contract, (time/materials, facilities and facilities acquisition contracts and construction-with modification).  Contractor shall not be in default for any failure to perform under the contract if failure is due to causes beyond the control and w/o fault or negligence of contractor unless it is a default of subcontractor.  Lists examples.  If not fault of sub and contractor for same reason, not in default.  Lists exceptions.
AWA |  |  | 52.251-01 |  | Government Supply Sources | 1984-04-01 00:00:00 | 51.107 when the Contracting Officer may authorize contractor to acquire supplies or services from a Government source |  | Comments:  None | Clause added to contract where contracting officer foresees purchase of supplies from Government supply sources, which property when purchased shall remain property of the government at the expiration of the contract, and shall not be considered government furnished property, merely government property.
AWA |  |  | 52.252-02 |  | Clauses Incorporated by Reference | 1998-02-01 00:00:00 | 52.107(b) for all contracts in order to incorporate clauses by reference |  | Comments:  States that contract incorporates certain clauses by reference and they have the same force as if they were given in full text. | States that contract incorporates certain clauses by reference that have the same force as if they were given in full text. Contracting officer to make full text available upon request.
AWA |  |  | 52.252-04 |  | Alterations in Contract | 1984-04-01 00:00:00 | 52.107(d) in order to revise or supplement, as necessary, other parts of the contract |  | Comments:  Provides that the contract may be altered and calls for the alterations, if any, to be listed. | Gives wording and format to use if there will be any alteration in the contract.
AWA |  |  | 52.252-06 |  | Authorized Deviations in Clauses | 1984-04-01 00:00:00 | 52.107(f) for contracts that include any clause with an authorized deviation |  | Comments:  Used to identify any clauses in the contract that may deviate from standard FAR clauses. | When any FAR or supplemental clause is used with an authorized deviation, the Contracting Officer must identify it by the same number, title, and date assigned to the clause when it is used without deviation.
AWA |  |  | 52.253-01 |  | Computer Generated Forms | 1991-01-01 00:00:00 | 53.111 for contracts that require contractors to submit data on Standard or Optional Forms prescribed by the FAR |  | Comments:  Allows contractor to submit computer-generated facsimiles of forms. | Self-explanatory. This is the last clause in Part 52.