ACT Purchasing FAR & DFAR Clause Listing

QF-108 Rev D., October 11, 2023

FAR Regulation	Clause Number	Clause Title / Date / Applicability
FAR	52.203-3	Gratutities, April-84
FAR	52.203-5	Covenant Against Contingent Fees, May-14
FAR	52.203-6	Restrictions on Subcontractor Sales to the Government (June 2020), Alt I (Oct 1995). The Contractor agrees to incorporate the substance of this clause, including paragraph (c), in all subcontracts under this contract which exceed the simplified acquisition threshold.
FAR	52.203-7	Anti-Kickback Procedures (June 2020). Required for subcontracts over $150,000, including paragraph (c)(5), but excepting clause (c)(1) if the item purchased is considered a commercial item.
FAR	52.203-10	Price or Fee Adjustment for Illegal or Improper Activity, May-14
FAR	52.203-11	Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (If order exceeds $150,000) (Sept 2007)
FAR	52.203-12	Limitation on Payments to Influence Certain Federal Transactions (June 2020): Applies if this Contract exceeds $150,000.
FAR	52.203-13	Contractor Code of Business Ethics and Conduct (Nov 2021). If this contract exceeds $5,500,000 and the performance period is 120 days or more. All disclosures of violation of the civil False Claims Act or of the Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer).
FAR	52.203-14	Display of Hotline Poster(s) (If order exceeds $5,500,000) (Nov 2021)
FAR	52.203-15	Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010). Applicable if the Order is funded under the Recovery Act.
FAR	52.203-16	Preventing Personal Conflicts of Interest (June 2020): Applies if this Contract exceeds $150,000 and subcontract employees will perform acquisition functions closely associated with inherently governmental functions
FAR	52.203-17	Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (June 2020): Applies if this Contract exceeds $150,000.
FAR	52.203-19	Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017). The Contractor shall include the substance of this clause, including paragraph (f), in subcontracts under such contracts.
FAR	52.204-9	Personal Identity Verification of Contractor Personnel (Jan 2011): Applies where Seller will have physical access to a federally-controlled facility or access to a Federal information system.
FAR	52.204-10	Reporting Executive Compensation and First-Tier Subcontract Awards (June 2020): Subparagraph (d)(2) does not apply. If Seller meets the thresholds specified in paragraphs (d)(3) and (g)(2) of the clause, Seller shall report required executive compensation by posting the information to the Government’s System for Awards Management (SAM) database. All information posted will be available to the general public.
FAR	52.204-21	Basic Safeguarding of Covered Contractor Information Systems (Nov 2021). When the Contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system.
FAR	52.204-23	Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021). The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.
FAR	52.204-24	Representation Regarding Certain Telecommunications and Video Surveliiance Services or Equipment (Nov 2021)
FAR	52.204-25	Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)
FAR	52.204-27	Prohibition on a ByteDance Covered Application.
FAR	52.209-6	Protecting the Government’s Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Nov 2021): Applies if this Contract exceeds $35,000 unless Seller is furnishing COTS items. Notices provided by Seller shall be provided to Annapolis.
FAR	52.209-10	Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)
FAR	52.211-5	Material Requirements (Aug 2000)
FAR	52.211-15	Defense Priority and Allocation Requirements (Aug 2008): Applies if this Contract has a DPAS rating.
FAR	52.215-2	Audit and Records Negotiation (If order exceeds $150,000) (Nov 2021)
FAR	52.240-25	Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021). The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.
FAR	52.219-8	Utilization of Small Business Concerns (Oct 2018). If the subcontract offers further subcontracting opportunities and if the subcontract (except to small business concerns) exceeds $700,000.
FAR	52.219-9	Small Business Subcontracting Plan (If order exceeds $700,000 and if supplier is a Large Business) (Nov 2021)
FAR	52.221-1	Notice to the Government of Labor Disputes (Feb 1997)
FAR	52.222-4	Contract Work Hours and Safety Standards Act — Overtime Compensation (May 2018): Applies if this Contract requires or involves the employment of laborers or mechanics at any tier.
FAR	52.222-21	Prohibition of Segregated Facilities (Apr 2015). Applicable to all Orders.
FAR	52.222-26	Equal Opportunity (Sep 2016). Applicable if Buyer’s contract contains (b)(1) and (2) of 52.222-26.
FAR	52.222-35	Equal Opportunity for Veterans (June 2020). If the Order exceeds $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor.
FAR	52.222-36	Affirmative Action for Workers with Disabilities (June 2020). If the Order exceeds $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor.
FAR	52.222-37	Employment Reports on Veterans (June 2020). If FAR 52.222-35 applies to Buyer’s contract and the Order is in excess of $150,000.00, unless exempted by rules, regulations, or Orders of the Secretary of Labor.
FAR	52.222-40	Notification of Employee Rights under the National Labor Relations Act (Dec 2010). Applies if this contract exceeds $150,000. Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
FAR	52.222-50	Combating Trafficking in Persons (Nov 2021). Applicable to supply purchases, other than COTS, (1) acquired outside the US, or services to be performed outside the US; and (2) Has an estimated value that exceeds $500,000.
FAR	52.222-50 Alt I	Combating Trafficking in Persons (Nov 2021) Alternate I (Mar 2015). (1) Insert the clause at 52.222-50, Combating Trafficking in Persons, in all solicitations and contracts. (2) Use the clause with its Alternate I when the contract will be performed outside the United States (as defined at 22.1702) and the contracting officer has been notified of specific U.S. directives or notices regarding combating trafficking in persons (such as general orders or military listings of “off-limits” local establishments) that apply to contractor employees at the contract place of performance. (b) Insert the provision at 52.222-56, Certification Regarding Trafficking in Persons Compliance Plan, in solicitations if – (1) It is possible that at least $500,000 of the value of the contract may be performed outside the United States; and (2) The acquisition is not entirely for commercially available off-the-shelf items.
FAR	52.222-54	Employment Eligibility Verification (Nov 2021). If Order exceeds $3,500.
FAR	52.222-55	Minimum Wages Under Executive Order 13658. (Jan 2022). Applicable if FAR 52.222-41 applies and the work will be performed, in whole or in part, in the United States. The Seller shall include the substance of this clause, including paragraph (h), in subcontracts for exempt services under this contract.
FAR	52.222-62	Paid Sick Leave Under Executive Order 13706 (Jan 2022): Applies if this Contract is subject to the Service Contract Labor Standards statute or the Wage Rate Requirements statute, and is to be performed in whole or in part in the United States.
FAR	52.223-3	Hazardous Material Identification and Material Safety Data (Feb 2021)
FAR	52.223-6	Drug-Free Workplace (May 2001)
FAR	52-223-11	Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016)
FAR	52.223-18	Encouraging Contractor Policies to Ban Text Messaging While Driving (June 2020). The Contractor shall insert the substance of this clause, including paragraph (d), in all subcontracts that exceed the micro-purchase threshold.
FAR	52.223-99	Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors (Oct 2021)
FAR	52.224-3	Privacy Training (Jan 2017): Applies if Seller will (1) have access to a system of records; (2) create, collect, use, process, store, maintain, disseminate, disclose, dispose, or otherwise handle personally identifiable information; or (3) design, develop, maintain, or operate a system of records.
FAR	52.225-1	Buy American – Supplies (Nov 2021). 41 U.S.C. chapter 83, Buy American, provides a preference for domestic end products for supplies acquired for use in the United States. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for an end product that is a COTS item (See 12.505(a)(1)).
FAR	52.225-8	Duty-Free Entry (Oct 2010). The Contractor shall include the substance of this clause in any subcontract if—(1) Supplies identified in the Schedule to be accorded duty-free entry will be imported into the customs territory of the United States; or (2) Other foreign supplies in excess of $15,000 may be imported into the customs territory of the United States.
FAR	52.225-13	Restrictions on Certain Foreign Purchases (Feb 2021). Applicable to all Orders, to include lower-tier subcontractors of the Contractor.
FAR	52.227-1	Authorization and Consent (June 2020): Applies if this Contract exceeds $150,000.
FAR	52.227-2	Notice and Assistance Regarding patent and Copyright Infringement (June 2020). Subcontracts that are expected to exceed the Simplified Acquisition Threshold.
FAR	52.227-9	Refund of Royalties (Apr 1984). Included in any subcontract in which the amount of royalties reported during negotiation of the subcontract exceeds $250,000.
FAR	52.227-10	Filing of Patent Applications – Classified Subject Matter (Dec 2007): Applies if this Contract covers or is likely to cover classified information.
FAR	52.229-3	Federal, State, and Local Taxes (Feb 2013)
FAR	52.232-40	Providing Accelerated Payments to Small Business Subcontractors (Nov 2021). Applies if Contractor is a small business concern. This clause does not apply if Contractor. does not receive accelerated payments under the prime contract. Not all agencies provide accelerated payments.
FAR	52.234-1	Industrial Resources Developed under Title III, Defense Production Act (Sept 2016): Notes 1 and 2 apply.
FAR	52.242-13	Bankruptcy (Jul 1995): Notes 1 and 2 apply.
FAR	52.244-6	Subcontracts for Commercial Items (Jan 2022)
FAR	52.247-63	Preference for U.S.-Flag Air Carriers (June 2003): Applies if this Contract involves international air transportation.
FAR	52.247-64	Preference for Privately Owned U. S. Flag Commercial Vessels, Preference for Privately Owned U.S. Flag Commercial Vessels (Nov 2021) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.247-64 and applies only if ocean transport maybe involved in the Order.
FAR	52.248-1	Value Engineering (June 2020): Applies if this Contract exceeds $150,000.

DFAR Regulation	Clause Number	Clause Title / Date / Applicability
DFARS	252.203-7001	Prohibition on Persons Convicted of Fraud or Other Defense Contract-Related Felonies (Dec 2008): Applies if this Contract exceeds $150,000 and is for other than commercial items or components.
DFARS	252.203-7002	Requirement to Inform Employees of Whistleblower Rights (Sep 2013). The Contractor shall include the substance of this clause, including paragraph (b), in all subcontracts.
DFARS	252.203-7003	Agency Office of the Inspector General (Aug 2019): Applies when FAR 52.203-13 applies to this Contract.
DFARS	252.203-7004	Display of Fraud Hotline Posters (Aug 2019). The Contractor shall include this clause, including paragraph (d), in all subcontracts that exceed $5,500,000 except when the subcontract is for the acquisition of a commercial item.
DFARS	252.204-7000	Disclosure of Information (Oct 2016): Applies if this Contract involves access to or generation of unclassified information that may be sensitive and inappropriate for release to the public.
DFARS	252.204-7009	Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information (Oct 2016). The Contractor shall include this clause, including paragraph (c), in subcontracts, or similar contractual instruments, for services that include support for the Government’s activities related to safeguarding covered defense information and cyber incident reporting, including subcontracts for commercial items, without alteration, except to the identified parties.
DFARS	252.204-7012	Safeguarding Covered Defense Information and Cyber Incident Reporting (Dec 2019). The Contractor shall: (1) Include this clause, including paragraph (m), in subcontracts, or similar contractual instruments, for operationally critical support, or for which subcontract performance will involve a covered contractor information system, including subcontracts for commercial items without alteration, except to identify the parties; and (2) Require subcontractors to— (i) Notify the prime Contractor (or next higher-tier subcontractor) when submitting a request to vary from a NIST SP 800-171 security requirement to the Contracting Officer, in accordance with paragraph (b)(2)(ii)(B) of this clause; and (ii) Provide the incident report number, automatically assigned by DoD, to the prime Contractor (or next higher-tier subcontractor) as soon as practicable, when reporting a cyber incident to DoD as required in paragraph (c) of this clause.
DFARS	252.204-7015	Notice of Authorized Disclosure for Litigation Support (May 2016)
DFARS	252.222-7006	Restriction on the Use of Mandatory Arbitration Agreements (Dec 2010): The certification in paragraph (b)(2) applies to both Seller in its own capacity and to Seller’s covered subcontractors.
DFARS	252.223-7001	Hazard Warning Labels (Dec 1991): Applies if this Contract requires the delivery of hazardous materials.
DFARS	252.223-7008	Prohibition of Hexavalent Chromium (Jun 2013): Note 2 applies.
DFARS	252.225-7007	Prohibition on Acquisition of Certain Items from Communist Chinese Military Companies (Dec 2018): Applies if this Contract is for an item on the United States Munitions List or the 600 series of the Commerce Control List
DFARS	252.225-7009	Restriction on Acquisition of Certain Articles Containing Specialty Metals (Oct 2019). The Contractor shall exclude and reserve paragraph (d) and this paragraph (e)(1) when flowing down this clause to subcontracts. The Contractor shall insert paragraphs (a) through (c) and this paragraph (e)(2) of this clause in subcontracts, including subcontracts for commercial items, that are for items containing specialty metals to ensure compliance of the end products that the Contractor will deliver to the Government. When inserting this clause in subcontracts, the Contractor shall (i) Modify paragraph (c)(6) of this clause only as necessary to facilitate management of the minimal content exception at the prime contract level. The minimal content exception does not apply to specialty metals contained in high-performance magnets; and (ii) Not further alter the clause other than to identify the appropriate parties.
DFARS	252.223-7999	Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors (Deviation 2021-O0009)
DFARS	252.225-7013	Duty-Free Entry (Mar 2022): Notes 1 and 2 apply in paragraph (c).
DFARS	252.225-7048	Export-Controlled Items (Jun 2013). The Contractor shall include the substance of this clause, including paragraph (e), in all subcontracts.
DFARS	252.226-7001	Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (April 2019): Applies if this Contract exceeds $500,000. Note 2 applies to paragraph (c) the first time “Contracting Officer” appears. In subparagraph (f)(1) “Contractor” shall mean ” Advanced Cooling Technologies, Inc.” Advanced Cooling Technologies, Inc. shall have no liability to Seller for any incentive payment unless and until the Government provides said incentive payment to Advanced Cooling Technologies, Inc.
DFARS	252.227-7013	Rights in Technical Data – Noncommercial Items (Feb 2014)
DFARS	252.227-7014	Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation (Feb 2014) DFARS 252.227-7015 Technical Data – Commercial Items (Feb 2014): Applies to commercial items delivered under this Contract.
DFARS	252.227-7016	Rights in Bid or Proposal Information (Jan 2011): Applies unless this Contract is for commercial items.
DFARS	252.227-7019	Validation of Asserted Restrictions – Computer Software (Sept 2016) DFARS 252.227-7037 Validation of Restrictive Markings on Technical Data (Apr 2022)
DFARS	252.228-7005	Accident Reporting and Investigation Involving Aircraft, Missiles, and Space Launch Vehicles (Nov 2019): In paragraph (a) Note 5 applies. In paragraph b) Note 3 applies.
DFARS	252.235-7003	Frequency Authorization – Basic (Mar 2014): Applies if this Contract requires developing, producing, constructing, testing, or operating a device requiring a frequency authorization. Note 2 applies.
DFARS	252.244-7000	Subcontracts for Commercial Items (Jan 2021)
DFARS	252.246-7003	Notification of Potential Safety Issues (Jun 2013): Applies if this Contract is for (i) parts identified as critical safety items; (ii) systems and subsystems, assemblies, and subassemblies integral to a system; or (iii) repair, maintenance, logistics support, or overhaul services for systems and subsystems, assemblies, subassemblies, and parts integral to a system. Seller shall provide notifications to Advanced Cooling Technologies, Inc. and the Contracting Officer identified to Seller.
DFARS	252.246-7007	Contractor Counterfeit Electronic Part Detection and Avoidance System (Aug 2016). The Contractor shall include the substance of this clause, excluding the introductory text and including only paragraphs (a) through (e), in subcontracts, including subcontracts for commercial items, for electronic parts or assemblies containing electronic parts.
DFARS	252.246-7008	Sources of Electronic Parts (May 2018). Subcontracts. The Contractor shall include the substance of this clause, including paragraph (e), in subcontracts, including subcontracts for commercial items that are for electronic parts or assemblies containing electronic parts, unless the subcontractor is the original manufacturer.
DFARS	252.247-7023	Transportation of Supplies by Sea – Basic (Feb 2019): Applies in lieu of FAR 52.247-64 in all Contracts for ocean transportation of supplies. In the first sentence of paragraph (g), insert a period after “Contractor” and delete the balance of the sentence. Paragraph (f) and (g) shall not apply if this Contract is at or below $150,000. Notes 1 and 2 apply to paragraph (g).
DFARS	225.770-2	Prohibition on acquisition of certain items from Communist Chinese military companies (Dec 2018). Prohibition does not apply to components and parts of covered items unless the components and parts are themselves covered by the USML or the 600 series of the CCL.
DFARS	5252.227-9507	Notice Regarding the Dissemination of Export-Controlled Technical Data (NAVAIR) (Oct 2005)

The following additional clauses may apply to this Purchase Order. The requirements flowed down in the purchase order shall also be flowed down to the supplier’s sub-tier supplier(s) as applicable.

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