FAR DFAR Supplement 2

FAR Supplement 2

U.S. Government Contract Flow-Down Provisions from the Department of Defense Federal Acquisition Regulation Supplement (DFARS)

1. When the materials or products furnished are for use in connection with a U. S. Government Department of Defense contract or subcontract, in addition to the Purchase Order General Terms and Conditions and Purchase Order Supplement #1 – the U.S. Government Contract Provisions from the FAR, the following Supplement #2 – the U.S. Government Contract Provisions from the Department of Defense Acquisition Regulation Supplement (DFARS) shall apply, as required by the terms of the applicable prime contract, or by operation of law or regulation. In the event of a conflict between these DFARS provisions and the Purchase Order General Terms and Conditions, the DFARS provisions shall control.

2. The following clauses set forth in the DFARS in effect as of the date of the prime contract are incorporated herein by reference with the same force and effect as if they were given in full text. In all clauses listed herein, the terms “Government”, “Contracting Officer” and “Contractor” shall be revised to suitably identify the contracting parties under this purchase order and effect the proper intent of the provision except where further clarified or modified below. Subcontractor”, however, shall mean “Seller’s Subcontractor” under this purchase order. The Seller, by signing its offer, hereby certifies compliance with the following clauses and is, therefore, eligible for award.

3. Clauses in this document may not be applicable to specific orders due to the type of subcontract/purchase order to be issued, dollar thresholds under requirements of the FAR, DFARS or Public Law or Mandatory Flow Down requirements of a particular prime contract. Clauses not applicable for these reasons shall not be removed from this document and will be considered by all parties to be without force and effect.

A. APPLICABLE TO ALL ORDERS:

1. Requirement to Inform Employees of Whistleblower Rights 252.203-7002

2. Disclosure of Information 252.204-7000

3. Alternate A, Central Contractor Registration 252.204-7004

4. Alternate A, Annual Representations and Certifications 252.204-7007

5. Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident

Information 252.204-7009

6. Safeguarding Covered Defense Information and Cyber Incident Reporting

(for Operationally Critical Support or where performance involves a covered contractor

information system) 252.204-7012

7. Reserved

8. Limitations on the Use or Disclosure of Information by Litigation Support Contractors 252.204-7014

9. Disclosure of Information by Litigation Support Contractors 252.204-7015

10. Intent to Furnish Precious Metals as Government-Furnished Material 252.208-7000

11. Disclosure of ownership of control by a foreign government 252.209-7002

12. Limitations on Contractors Acting as Lead System Integrators 252.209-7006

13. Prohibited Financial Interests for Lead System Integrators 252.209-7007

14. Item Unique Identification and Valuation 252.211-7003

15. Radio Frequency Identification 252.211-7006

16. Reporting of Government Furnished Equipment in DoD Item Unique Identification

(IUID) Registry 252.211-7007

17. Removed and Reserved 252.212-7001

18. Pricing Adjustments 252.215-7000

19. Cost Estimating System Requirements 252.215-7002

20. Award Fee Reduction or Denial for Jeopardizing the Health or Safety of

Government Personnel (applicable to Award Fee Orders only) 252.216-7004

21. Restrictions on Employment of Personnel 252.222-7000

22. Hazard Warning Labels 252.223-7001

23. Safety Precautions for Ammunition and Explosives 252.223-7002

24. Change in Place of Performance – Ammunition and Explosives 252.223-7003

25. Drug-Free Work Force 252.223-7004

26. Prohibition on Storage and Disposal of Toxic and Hazardous Materials 252.223-7006

27. Safeguarding Sensitive Conventional Arms, Ammunition and Explosives 252.223-7007

28. Prohibition of Hexavalent Chromium 252.223-7008

29. Buy American Act – Balance of Payments Program Certificate 252.225-7000

30. Buy American Act and Balance of Payments Program 252.225-7001

31. Prohibition on Acquisition of United States Munitions List Items from Communist

Chinese Military Companies 252.225-7007

32. Restriction on Acquisition of Specialty Metals (prime contracts at $150K or more requiring

delivery of specialty metals as end items) 252.225-7008

33. Restriction on Acquisition of Certain Articles Containing Specialty Metals (prime contracts

at $150K or more; excludes and reserves para (d) and (e)(1)) 252.225-7009

34. Commercial Derivative Military Article – Specialty Metals Compliance Certificate

(prime contracts at $150K or more, see clause for exceptions) 252.225-7010

35. Preference for Certain Domestic Commodities (prime contracts at $150K or more for

the acquisition of food, clothing, or cloth materials) 252.225-7012

36. Duty Free Entry 252.225-7013

37. Restriction on Acquisition of Hand or Measuring Tools (prime contracts at $150K

or more and both the prime contract and subcontract are for the acquisition of hand

or measuring tools either commercial or non-commercial as prime end items) 252.225-7015

38. Restriction on Acquisition of Ball and Roller Bearings 252.225-7016

39. Restriction on Acquisition of Foreign Anchor and Mooring Chain 252.225-7019

40. Trade Agreements Certificate 252.225-7020

41. Trade Agreements 252.225-7021

42. Trade Agreements Certificate – Inclusion of Iraqi End Products 252.225-7022

43. Restriction on the Acquisition of Forgings 252.225-7025

44. Restriction on Contingent Fees for Foreign Military Sales (blank is filled in “zero”) 252.225-7027

45. Exclusionary Policies and Procedures of Foreign Governments 252.225-7028

46. Restriction on Acquisition of Carbon Alloy and Armor Steel Plate 252.225-7030

47. Secondary Arab Boycott of Israel 252.225-7031

48. Buy American Act – Free Trade Agreements – Balance of Payments Program Certificate 252.225-7035

49. Buy American Act – Free Trade Agreements – Balance of Payments Program 252.225-7036

50. Defense Contractors Performing Private Security Functions Outside of the United States 252.225-7039

51. Contractor personnel Authorized to Accompany U.S. Armed Forces Deployed Outside

the United States 252.225-7040

52. Antiterrorism / force Protection Policy for Defense Contractors Outside the United States 252.225-7043

53. Balance of Payments Program – Construction Material 252-225-7044

54. Balance of Payments Program – Construction Material Under Trade Agreements 252-225-7045

55. Exports By Approved Community Members in Response to the Solicitation 252.225-7046

56. Export by Approved Community Members in Performance of the Contract 252.225-7047

57. Export Controlled Items 252.225-7048

58. Contractor Personnel Performing in the U.S. Africa Area of Responsibility 252.225-7980

59. Additional Access to Contractor and Subcontractor Records (Deviation 2015-O0016) 252.225-7981

60. Prohibition on Providing Funds to the Enemy (Deviation 2015-O0016) 252.225-7993

61. Rights in Technical Data – Noncommercial Items 252.227-7013

62. Rights in Noncommercial Computer Software and Noncommercial Computer Software

Documentation 252.227-7014

63. Technical Data – Commercial Items 252.227-7015

64. Rights in Bid or Proposal Information 252.227-7016

65. Identification and Assertion of Use, Release, or Disclosure Restrictions 252.227-7017

66. Rights in Noncommercial Technical Data and Computer Software – Small Business

Innovation Research (SBIR) Program 252.227-7018

67. Validation of Asserted Restrictions – Computer Software 252.227-7019

68. Limitations on the Use or Disclosure of Government Furnished Information Marked with

Restrictive Legends 252.227-7025

69 Delivery of Technical Data or Computer Software 252.227-7026

70 Deferred Ordering of Technical Data or Computer Software 252.227-7027

71. Technical Data or Computer Software Previously Delivered to the Government 252.227-7028

72. Technical Data–Withholding of Payment 252.227-7030

73. Rights in Shop Drawings 252.227-7033

74. Validation of Restrictive Markings on Technical Data 252.227-7037

75. Patent Rights – Ownership by the Contractor 252.227-7038

76. Patents – Reporting of Subject Inventions 252.227-7039

77. Ground and Flight Risk 252.228-7001

78. Accident Reporting and Investigation Involving Aircraft, Missiles, and Space Launch

Vehicles 252.228-7005

79. Reporting of Foreign Taxes – U.S. Assistance Programs 252.229-7011

80. Taxes – Foreign Contracts in Afghanistan 252.229-7014

81. Supplemental Cost Principles (first tier subcontractors only) 252.231-7000

82. Frequency Authorization 252.235-7003

83. Protection of Human Subjects 252.235-7004

84. Requirement for Competition Opportunity for American Steel Producers, Fabricators

And Manufacturers (For Construction Subcontracts) 252.236-7013

85. Training for Contract Personnel Interacting with Detainees 252.237-7019

86. Continuation of Essential Contractor Services 252.237-7023

87. Notice of Continuation of Essential Contractor Services 252.237-7024

88. Protection Against Compromising Emanations 252.239-7000

89. Information Assurance Contractor Training and Certification 252.239-7001

90. Cloud Computing Services 252.239-7010

91. Telecommunications Security Equipment, Devices, Techniques, and Services 252.239-7016

92. Supply Chain Risk 252.239-7018

93. Pricing of Contract Modifications 252.243-7001

94. Subcontracts for Commercial Items and Commercial Components (DoD contracts) 252.244-7000

95. Tagging, Labeling, and Marking Government Furnished Property 252.245-7001

96. Reporting Loss of Government Property 252-245-7002

97. Contractor Property Management System 252.245-7003

98. Reporting, Re-utilization and Disposal 252.245-7004

99. Material Inspection and Receiving Report 252.246-7000

100. Notification of Potential Safety Issues 252.246-7003

101. Safety of Facilities, Infrastructure, and Equipment for Military Operations 252.246-7004

102. Counterfeit Electronic Part Detection and Avoidance System 252.246-7007

103. Sources of Electronic Parts 252.246-7008

104. Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer 252.247-7003

A. ORDERS OVER THE SIMPLIFIED ACQUISITION THRESHOLD ALSO INCLUDE

THE FOLLOWING:

1. Prohibition on persons convicted of Fraud or other Defense – Contract-related felonies 252.203-7001

2. Disclosure of ownership or control by the government of a Terrorist County 252.209-7001

3.

4.

Subcontracting with Firms that are Owned or Controlled by the Government of a

Terrorist Country

Additional Access to Contractor and Subcontractor Records in the United States Central

Command Theater of Operations

252.209-7004

252.225-7994

5. Requests for Equitable Adjustment 252.243-7002

6. Contractor Purchasing System Administration (BASIC – if 52.244-2 applies or ALT I if

if 252.246-7007 applies)

252.244-7001

7. Representation of Extent of Transportation by Sea 252.247-7022

8. Transportation of Supplies by Sea 252.247-7023

9. Notification of Transportation of Supplies by Sea 252.247-7024

1.

C. ORDERS OVER $500,000 ALSO INCLUDE THE FOLLOWING:

Small Business Subcontracting Plan (DoD Contracts)

252.219-7003

2.

3.

Report of Intended Performance Outside the United States and Canada – Submission

with Offer)

Report of Intended Performance Outside the United States & Canada – Submission

After Award

252.225-7003

252.225-7004

4. Removed and Reserved 252.225-7006

5. Utilization of Indian Organizations, Indian- Owned Economic Enterprises, and Native

Hawaiian Small Business Concerns)

252.226-7001

6. Notification of Anticipated Contract Termination or Reduction 252.249-7002

D. ORDERS OVER $1,000,000 OR AS SPECIFIED ALSO INCLUDE THE FOLLOWING:

1. Agency Office of the Inspector General 252.203-7003

2. Display of Fraud Hotline Posters 252.203-7004

3. Acquisition Streamlining 252.211-7000

4. Restrictions on the Use of Mandatory Arbitration Agreements 252.222-7006

5. Waiver of United Kingdom Levies – Evaluation of Offers 252.225-7032

6. Waiver of United Kingdom Levies 252.225-7033

E. ORDERS FOR MAJOR DEFENSE ACQUISITION PROGRAMS INCLUDE THE

FOLLOWING:

1. Notice of Prohibition Relating to Organizational Conflict of Interest – Major Defense

Acquisition Program 252.209-7008

2. Organizational Conflict of Interest – Major Defense Acquisition Program 252-209-7009

3. Notice of Cost and Software Data Reporting System 252.234-7003

4. Cost and Software Data Reporting System 252.234-7004

4. CERTIFICATIONS

The Seller, by signing its offer, hereby certifies compliance with the following clauses and is,

Therefore, eligible for award.

A. Representation Regarding Combating Trafficking in Persons 252.222-7007

B. Representation of Use of Cloud Computing 252.239-7009