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Potential FAR-based Procurement Contract Clauses and Provisions

This opportunity has the potential to result in one or more of several different award instruments, including FAR-based procurement contracts, grants, cooperative agreements, or Other Transactions.

Below is a list of clauses and provisions that may apply if this opportunity results in one or more FAR-based procurement contracts, depending on the circumstances and rules for applicability. This list is not exhaustive, and the clauses and provisions that may apply will depend on the nature of the award, the award type, the award recipient, security or publication restrictions, and other factors. This list serves to put potential proposers and awardees on notice of potential requirements (including clauses and provisions) which may apply should they be selected for negotiation for potential award.

Full text for these clauses and provisions can be found at

FAR: https://www.acquisition.gov/browse/index/far

DFARS: https://www.acquisition.gov/dfars

Class Deviations to the FAR and DFARS can be found at: http://www.acq.osd.mil/dpap/dars/class_deviations.html

FAR 52.252-1 -- Solicitation Provisions Incorporated by Reference (FEB 1998)

This solicitation incorporates one or more provisions by reference, with the same force and effect as if they were given in full text. Upon request, the contracting officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at either of the following:

FAR: https://www.acquisition.gov/browse/index/far

DFARS: https://www.acquisition.gov/dfars

(End of Provision)

Protests to the Agency (For FAR-based procurement contracts only)

Interested parties may file an agency procurement protest directly with the DARPA Contracting Officer in accordance with FAR 33.103. An independent review at a level above the Contracting Officer is available only as an appeal of a Contracting Officer adverse decision on a protest. The responsible DARPA Official for conducting such independent review, if necessary, is the DARPA Head of the Contracting Activity (HCA).

(End of Clause)

Potential clauses and provisions

Accordion item
FAR
Body
NumberTitle
52.202-1Definitions
52.203-10Price or Fee Adjustment for Illegal or Improper Activity
52.203-11Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions
52.203-12Limitation on Payments to Influence Certain Federal Transactions
52.203-13Contractor Code of Business Ethics and Conduct
52.203-14Display of Hotline Posters
52.203-16Preventing Personal Conflicts of Interest
52.203-17Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights
52.203-18Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements - Representation
52.203-19Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements
52.203-2Certificate of Independent Price Determination
52.203-3Gratuities
52.203-5Covenant Against Contingent Fees
52.203-6Restrictions on Subcontractor Sales to the Government
52.203-7Anti-Kickback Procedures
52.203-8Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity
52.204-1Approval of Contract
52.204-10Reporting Executive Compensation and First-Tier Subcontract Awards
52.204-12Unique Entity Identifier Maintenance
52.204-13System for Award Management Maintenance
52.204-16Commercial and Government Entity Code Reporting
52.204-17Ownership or Control of Offeror
52.204-18Commercial and Government Entity Code Maintenance
52.204-19Incorporation by Reference of Representations and Certifications
52.204-2Security Requirements
52.204-20Predecessor of Offeror
52.204-21Basic Safeguarding of Covered Contractor Information Systems
52.204-22Alternative Line Item Proposal
52.204-23Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities
52.204-24Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment
52.204-25Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment
52.204-3Taxpayer Identification
52.204-4Printed or Copied Double-Sided on Postconsumer Fiber Content Paper
52.204-5Women-Owned Business (Other Than Small Business)
52.204-6Unique Entity Identifier
52.204-7System for Award Management
52.204-8Annual Representations and Certifications
52.204-9Personal Identity Verification of Contractor Personnel
52.209-10Prohibition on Contracting with Inverted Domestic Corporations
52.209-11Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law
52.209-13Violation of Arms Control Treaties or Agreements - Certifications
52.209-2Prohibition on Contracting with Inverted Domestic Corporations - Representation
52.209-5Certification Regarding Responsibility Matters
52.209-6Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment
52.209-7Information Regarding Responsibility Matters
52.209-9Updates of Publicly Available Information Regarding Responsibility Matters
52.210-1Market Research
52.211-11Liquidated Damages - Supplies, Services, or Research and Development
52.211-14Notice of Priority Rating for National Defense, Emergency Preparedness, and Energy Program Use
52.211-15Defense Priority and Allocation Requirements
52.215-1Instructions to Offerors - Competitive Acquisition
52.215-10Price Reduction for Defective Cost or Pricing Data
52.215-11Price Reduction for Defective Cost or Pricing Data - Modifications
52.215-12Subcontractor Certified Cost or Pricing Data
52.215-13Subcontractor Certified Cost or Pricing Data - Modifications
52.215-14Integrity of Unit Prices
52.215-14 ALT1Integrity of United Prices - ALT1
52.215-15Pension Adjustments and Asset Reversions
52.215-16Facilities Capital Cost of Money
52.215-17Waiver of Facilities Capital Cost of Money
52.215-18Reversion of Adjustment of Plans for Postretirement Benefits Other Than Pensions
52.215-19Notification of Ownership Changes
52.215-2Audit and Records - Negotiation
52.215-2 ALT2Audit and Records - Negotiation ALT2
52.215-20Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data
52.215-21Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data - Modifications
52.215-22Limitations on Pass-Through Charges - Identification of Subcontract Effort
52.215-23 ALT1Limitations on Pass-Through Charges ALT1
52.215-3Request for Information or Solicitation for Planning Purposes
52.215-5Facsimile Proposals
52.215-6Place of Performance
52.215-8Order of Precedence - Uniform Contract Format
52.216 ALT1Cost Contract - No Fee ALT1
52.216-1Type of Contract
52.216-10Incentive Fee
52.216-11Cost Contract - No Fee
52.216-12Cost-Sharing Contract - No Fee
52.216-15Predetermined Indirect Cost Rates
52.216-26Payments of Allowable Costs Before Definitization
52.216-7Allowable Cost and Payment
52.216-8Fixed Fee
52.217-4Evaluation of Options Exercised at Time of Contract Award
52.217-5Evaluation of Options   
52.217-8Option to Extend Services
52.217-9Option to Extend the Term of the Contract
52.219-1Small Business Program Representations
52.219-14Limitations on Subcontracting
52.219-16Liquidated Damages - Subcontracting Plan
52.219-28Post-Award Small Business Program Representation
52.219-6Notice of Total Small Business Set-Aside
52.219-8Utilization of Small Business Concerns
52.219-9Small Business Subcontracting Plan
52.222-17Nondisplacement of Qualified Workers
52.222-2Payment for Overtime Premiums
52.222-20Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000
52.222-21Prohibition of Segregated Facilities
52.222-22Previous Contracts and Compliance Reports
52.222-24Preaward On-Site Equal Opportunity Compliance Evaluation
52.222-25Affirmative Action Compliance
52.222-26Equal Opportunity
52.222-3Convict Labor
52.222-35Equal Opportunity for Veterans
52.222-36Equal Opportunity for Workers with Disabilities
52.222-37Employment Reports on Veterans
52.222-38Compliance with Veterans' Employment Reporting Requirements
52.222-4Contract Work Hours and Safety Standards - Overtime Compensation
52.222-40Notification of Employee Rights Under the National Labor Relations Act
52.222-50Combating Trafficking in Persons
52.222-54Employment Eligibility Verification
52.222-56Certification Regarding Trafficking in Persons Compliance Plan
52.222-62Paid Sick Leave Under Executive Order 13706
52.223-18Encouraging Contractor Policies to Ban Text Messaging While Driving
52.223-5Pollution Prevention and Right-to-Know Information
52.223-6Drug-Free Workplace
52.225-1Buy American - Supplies
52.225-13Restrictions on Certain Foreign Purchases
52.225-2Buy American Certificate
52.225-25Prohibition Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran - Representations and Certifications
52.226-2Historically Black College or University and Minority Institution Representation
52.227-1 ALT1Authorization and Consent ALT1
52.227-11Patent Rights - Ownership by the Contractor
52.227-14Rights in Data - General
52.227-14  ALT 5Rights in Data - General ALT 5
52.227-14 ALT 1Rights in Data - General ALT 1
52.227-14 ALT 2Rights in Data - General ALT 2
52.227-14 ALT 3Rights in Data - General ALT 3
52.227-14 ALT 4Rights in Data - General ALT 4
52.227-15Representation of Limited Rights Data and Restricted Computer Software
52.227-16Additional Data Requirements
52.227-17Rights in Data - Special Works
52.227-18Rights in Data - Existing Work
52.227-19Commercial Computer Software License
52.227-2Notice and Assistance Regarding Patent and Copyright Infringement
52.227-20Rights in Data - SBIR Program
52.228-7Insurance - Liability to Third Persons
52.230-1Cost Accounting Standards Notices and Certification
52.230-2Cost Accounting Standards  
52.230-2 DEVCost Accounting Standards (Deviation 2018-O0015)
52.230-4Disclosure and Consistency of Cost Accounting Practices - Foreign Concerns
52.230-5Cost Accounting Standards - Educational Institutions (Deviation 2018-O0015)
52.230-6Administration of Cost Accounting Standards
52.230-7Proposal Disclosure - Cost Accounting Practice Changes
52.232-17Interest
52.232-20Limitation of Cost
52.232-22Limitation of Funds
52.232-23 ALT1Assignment of Claims ALT1
52.232-25Prompt Payment
52.232-33Payment by Electronic Funds Transfer - System for Award Management
52.232-39Unenforceability of Unauthorized Obligations
52.232-40Providing Accelerated Payments to Small Business Subcontractors
52.232-9Limitation on Withholding of Payments
52.233-1Disputes
52.233-3 ALT1Protest After Award - ALT1
52.233-4Applicable Law for Breach of Contract Claim
52.242-1Notice of Intent to Disallow Costs
52.242-13Bankruptcy
52.242-15 ALT1Stop-Work Order ALT 1
52.242-3Penalties for Unallowable Costs
52.242-4Certification of Final Indirect Costs
52.243-1 ALT 5Changes Fixed-Price ALT 5
52.243-2 ALT 5Changes Cost-Reimbursement ALT 5
52.243-2 ALT5Changes - Cost-Reimbursement ALT5
52.243-6Change Order Accounting
52.244-2Subcontracts 
52.244-5Competition in Subcontracting
52.244-6Subcontracts for Commercial Items
52.245-1Government Property
52.245-1 ALT 2Government Property ALT 2
52.245-9Use and Charges
52.246-11Higher Level Contract Quality Requirement
52.246-15Certificate of Conformance
52.246-16Responsibility for Supplies
52.246-18Warranty of Supplies of a Complex Nature
52.246-18 ALT 2Warranty of Supplies of a Complex Nature ALT 2
52.246-18 ALT 3Warranty of Supplies of a Complex Nature ALT 3
52.246-18 ALT 4Warranty of Supplies of a Complex Nature ALT 4
52.246-19Warranty of Systems and Equipment under Performance Specifications or Design Criteria
52.246-19 ALT 1Warranty of Systems and Equipment under Performance Specifications or Design Criteria ALT 1
52.246-19 ALT 2Warranty of Systems and Equipment under Performance Specifications or Design Criteria ALT 2
52.246-19 ALT 3Warranty of Systems and Equipment under Performance Specifications or Design Criteria ALT 3
52.246-2Inspection of Supplies - Fixed Price
52.246-3Inspection of Supplies - Cost Reimbursement
52.246-4Inspection of Services - Fixed Price
52.246-5Inspection of Services - Cost Reimbursement
52.246-7Inspection of Research and Development - Fixed Price
52.246-8Inspection of Research and Development - Cost Reimbursement
52.246-9Inspection of Research and Development (Short Form)
52.247-1Commercial Bill of Lading Notations
52.247-34F.O.B. Destination
52.247-63Preference for U.S. Flag Air Carriers
52.249-12Termination (Personal Services)
52.249-14Excusable Delays
52.249-5Termination for Convenience of the Government (Educational and Other Nonprofit Institutions)
52.249-6Termination (Cost-Reimbursement)
52.249-9Default (Fixed-Price Research and Development)
52.252-2Clauses Incorporated by Reference
52.252-6Authorized Deviations in Clauses
52.253-1Computer Generated Forms
DFARS
Body
NumberTitle
252.201-7000Contracting Officer's Representative
252.203-7000Requirements Relating to Compensation of Former DoD Officials
252.203-7001Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies
252.203-7002Requirement to Inform Employees of Whistleblower Rights
252.203-7003Agency Office of the Inspector General
252.203-7004Display of Hotline Posters
252.203-7005Representation Relating to Compensation of Former DoD Officials
252.204-7000Disclosure of Information
252.204-7003Control of Government Personnel Work Product
252.204-7004Antiterrorism Awareness Training for Contractors
252.204-7006Billing Instructions
252.204-7007Alternate A, Annual Representations and Certifications
252.204-7008Compliance with Safeguarding Covered Defense Information Controls
252.204-7009Limitations on the Use of Disclosure of Third-Party Contractor Reported Cyber Incident Information
252.204-7012Safeguarding Covered Defense Information and Cyber Incident Reporting
252.204-7015Notice of Authorized Disclosure of Information for Litigation Support
252.204-7016Covered Defense Telecommunications Equipment or Services – Representation
252.204-7017Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services – Representation
252.204-7018Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
252.204-7019Notice of NIST SP 800-171 DoD Assessment Requirements
252.204-7020NIST SP 800-171 DoD Assessment Requirements
252.205-7000Provision of Information to Cooperative Agreement Holders
252.209-7002Disclosure of Ownership or Control by a Foreign Government
252.209-7003Reserve Officer Training Corps and Military Recruiting on Campus - Representation
252.209-7004Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism
252.209-7005Reserve Officer Training Corps and Military Recruiting on Campus
252.209-7010Critical Safety Items
252.211-7007Reporting of Government-Furnished Property
252.215-7002Cost Estimating System Requirements
252.215-7008Only One Offer
252.215-7009Proposal Adequacy Checklist
252.215-7010Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data
252.215-7011Requirements for Submission of Proposals to the Administrative Contracting Officer and Contract Auditor
252.215-7012Requirements for Submission of Proposals via Electronic Media
252.215-7013Supplies and Services Provided by Nontraditional Defense Contractors
252.219-7003Small Business Subcontracting Plan
252.219-7003 DEVSmall Business Subcontracting Plan (Deviation 2018-O0007)
252.219-7004Small Business Subcontracting Plan (Test Program)
252.222-7000Restrictions on Employment of Personnel
252.222-7006Restrictions on the Use of Mandatory Arbitration Agreements
252.223-7004Drug-Free Workforce
252.223-7999Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors (Deviation 2021-O0009, Revision 2)
252.225-7002Qualifying Country Sources as Subcontractors
252.225-7012Preference for Certain Domestic Commodities
252.225-7048Export-Controlled Items
252.226-7001Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns
252.227-2020Rights in Special Works
252.227-2021Rights in Data - Existing Works
252.227-2022Government Rights (Unlimited)
252.227-7000Non-Estoppel
252.227-7001Release of Patent Infringement
252.227-7002Readjustment of Payments
252.227-7003Termination
252.227-7004License Grant
252.227-7005License Term
252.227-7006License Grant - Running Royalty
252.227-7007License Term - Running Royalty
252.227-7008Computation of Royalties
252.227-7009Reporting and Payment of Royalties
252.227-7010License to Other Government Agencies
252.227-7011Assignments
252.227-7012Patent License and Release Contract
252.227-7013Rights in Technical Data - Noncommercial Items
252.227-7013 ALT 1Rights in Technical Data - Noncommercial Items ALT 1
252.227-7013 ALT 2Rights in Technical Data - Noncommercial Items ALT 2
252.227-7014Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation
252.227-7015Technical Data - Commercial Items
252.227-7016Rights in Bid or Proposal Information
252.227-7017Identification and Assertion of Use, Release, or Disclosure Restrictions
252.227-7018Rights in Noncommercial Technical Data and Computer Software - Small Business Innovation Research (SBIR) Program
252.227-7019Validation of Asserted Restrictions - Computer Software
252.227-7025Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends
252.227-7026Deferred Delivery of Technical Data or Computer Software
252.227-7027Deferred Ordering of Technical Data or Computer Software
252.227-7028Technical Data or Computer Software Previously Delivered to the Government
252.227-7030Technical Data - Withholding of Payment
252.227-7037Validation of Restrictive Markings on Technical Data
252.227-7038Patent Rights - Ownership by the Contractor (Large Business)
252.227-7039Patents - Reporting of Subject Inventions
252.231-7000Supplemental Cost Principles
252.232-7003Electronic Submission of Payment Requests and Receiving Reports
252.232-7006Wide Area Workflow Payment Instructions
252.232-7007Limitation of Government's Obligation
252.232-7010Levies on Contract Payments
252.233-7001Choice of Law (Overseas)
252.235-7010Acknowledgement of Support and Disclaimer
252.235-7011Final Scientific or Technical Report
252.242-7004Material Management and Accounting System
252.242-7005Contractor Business Systems
252.242-7006Accounting System Administration
252.243-7001Pricing of Contract Modifications
252.243-7002Requests for Equitable Adjustment
252.244-7000Subcontracts for Commercial Items
252.244-7001Contractor Purchasing System Administration
252.245-7001Tagging, Labeling, and Marking of Government-Furnished Property
252.245-7002Reporting Loss of Government Property
252.245-7003Contractor Property Management System Administration
252.245-7004Reporting, Reutilization, and Disposal
252.246-7000Material Inspection and Receiving Report
252.246-7001Warranty of Data
252.246-7001 ALT 2Warranty of Data ALT 2
252.246-7005Notice of Warranty Tracking of Serialized Items
252.246-7006Warranty Tracking of Serialized Items
252.247-7023Transportation of Supplies by Sea
252.247-7024Notification of Transportation of Supplies by Sea
252.249.7000Special Termination Costs

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