FAR DFAR 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