FAR DFAR Supplement 3

FAR DFAR Supplement 3

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

When the Goods or Services furnished are for use in connection with a U.S. Government contract or subcontract qualify as “commercial items” under FAR 2.101, then in addition to the Purchase Order General Terms and Conditions, the following provisions 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 FAR provisions and the Purchase Order General Terms and Conditions, the FAR provisions shall
The following clauses set forth in the FAR 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 in full text. In all clauses listed herein, the terms “Government”, “Contracting Officer” and “Contractor” shall be revised to suitably identify the contracting parties herein and effect the proper intent of the of the provision except where further clarified or modified below. Subcontractor”, however, shall mean “Seller’s Subcontractor” under this purchase order. Seller, by signing its offer, hereby certifies compliance with the following clauses and is, therefore, eligible for award.

A. APPLICABLE TO ALL COMMERCIAL ITEM ORDERS:

  1. Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan. 2017) 52.203-19
  1. Prohibition of Segregated Facilities (Apr. 2015) 222-21
  1. Equal Opportunity (Sept. 2016) (E.O. 11246) 222-26
  1. Equal Opportunity for Veterans (Oct. 2015) (38 U.S.C. 4212(a)) 222-35
  1. Equal Opportunity for Workers with Disabilities (Jul. 2014) (29 U.S.C. 793) 222-36
  1. Employment Reports for Veterans (Feb. 2016) (38 U.S.C. 4212) 222-37
  1. Combating Trafficking in Persons (Mar. 2015) 222-50
  1. Contractors Performing Private Security Functions Outside the United States (Oct. 2016) (10 U.S.C. 2302) 52.225-26

B.     APPLICABLE TO CERTAIN COMMERCIAL ITEM ORDERS (AS INDICATED):

  1. Contractor Code of Business Ethics and Conduct (Oct. 2015) (41 U.S.C. 3509)
    • only if the subcontract exceeds $5.5 million and has a performance period over 120 days 52.203-13
  1. Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun. 2010)
    • only if the subcontract is funded under the Recovery Act 52.203-15
  2. Basic Safeguarding of Covered Contractor Information Systems (Jun. 2016)
    • only if subcontract is not for commercial off-the-shelf items and flow down is required in accordance with subsection (c) of FAR 52.204-21 52.204-21
  3. Utilization of Small Business Concerns (Nov. 2016) (15 U.S.C. 637(d)(2))
    • only if subcontract is not with SBC and exceeds $700,000 (or $1.5 million for construction) 52.219-8
  1. Minimum Wages under Executive Order 13658 (Dec. 2015)
    • only if flow down is required in accordance with paragraph (k) of FAR 52.222-55 52.222-55
  1. Paid Sick Leave under Executive Order 13706 (Jan. 2017) (E.O. 13706)
    • only if flow down is required in accordance with paragraph (m) of FAR 52.222-62 52.222-62
  1. Privacy Training (Jan. 2017) (5 U.S.C. 552a)
    • only if flow down is required in accordance with paragraph (f) of FAR 52.224-3 52.224-3
  1. Providing Accelerated Payments to Small Business Subcontractors (Dec. 2013)
    • only if flow down is required in accordance with paragraph (c) of FAR 52.232-40 52.232-40
  1. Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb. 2006) (46 U.S.C. 2631)
    • only if flow down is required in accordance with paragraph (d) of FAR 52.247-64 52.247-64