ACT Purchasing FAR & DFAR Clause Listing

ADVANCED COOLING TECHNOLOGIES, INC.
ACT FAR and DFAR Clause Listing

QF-108 Rev A., September 8, 2020


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.

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 (Sep 2006), 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 (2014).  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)
FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Sept 2007): Applies if this
Contract exceeds $150,000.
FAR 52.203-13 Contractor Code of Business Ethics and Conduct (Oct 2015). 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)
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 (Dec 2011): 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 (Apr 2014): 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 (Oct 2016): 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 (May 2016).  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 (Jul 2018).  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
FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or
Equipment
FAR 52.209-6 Protecting the Government’s Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015): 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
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)
FAR 52.240-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019). 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)
FAR 52.221-1 Notice to the Government of Labor Disputes
FAR 52.222-4 Contract Work Hours and Safety Standards Act — Overtime Compensation (July 2005): Applies if this Contract requires or involves the employment of laborers or mechanics at any tier.
FAR 52.222-17 Nondisplacement of Qualified Workers (May 2014): Applies if this Contract is for Services.
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 (Oct 2015). 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 (July 2014). 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 (Feb 2016). 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 (Jan 2019).  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 (Jan 2019) 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 (Oct 2015).  If Order exceeds $3,500.
FAR 52.222-55 Minimum Wages Under Executive Order 13658.  (Dec 2015).  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 2017): 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
FAR 52.223-6 Drug-Free Workplace
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 (Jul 2011). The Contractor shall insert the substance of this clause, including paragraph (d), in all subcontracts that exceed the micro-purchase threshold.
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 (2014). 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 (Jun 2008).  Applicable to all Orders, to include lower-tier subcontractors of the Contractor.
FAR 52.227-1 Authorization and Consent (Dec 2007): Applies if this Contract exceeds $150,000.
FAR 52.227-2 Notice and Assistance Regarding patent and Copyright Infringement (Dec 2007). 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
FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013). 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 (Apr 2015)
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 (May 2014) (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 (Oct 2010): 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 (Dec 2012): Applies when FAR 52.203-13 applies to this Contract.
DFARS 252.203-7004 Display of Fraud Hotline Posters (Oct 2016).  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 (Oct 2016). 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 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (Oct 2016): Applies if this Contract is for operationally critical support or for which performance will involve covered defense information.
DFARS 252.225-7013 Duty-Free Entry (May 2016): 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 2011) DFARS  252.227-7037 Validation of Restrictive Markings on Technical Data (Jun 2013)
DFARS 252.228-7005 Accident Reporting and Investigation Involving Aircraft, Missiles, and Space Launch Vehicles (Dec 1991): In paragraph (a) Note 5 applies.  In paragraph b) Note 3 applies.
DFARS 252.235-7003 Frequency Authorization – Basic (May 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 (Jun 2013)
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 (Apr 2014): 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)

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