I. Definitions
As used throughout this Subcontract, the following terms shall have the meanings set forth below:
- The Subcontract – This executed contractual agreement between Meta Special Aerospace, Air Operations, Inc. (d/b/a Metrea Special Aerospace, ISR Inc.) and Meta Special Aerospace, Technical Services, Inc. (d/b/a Metrea Special Aerospace, Technical Services Inc.) and Seller listing supplies/services to be furnished and the consideration, therefore.
- Subcontract – The terms “subcontract’, “purchase order,” “order” and “agreement” are interchangeable and include any amendments or change orders.
- Buyer or Contractor – The party purchasing the supplies/services (Meta Special Aerospace, Air Operations, Inc. (d/b/a Metrea Special Aerospace, ISR Inc.) and Meta Special Aerospace, Technical Services, Inc. (d/b/a Metrea Special Aerospace, Technical Services Inc.)).
- Seller, Subcontractor or Vendor – The party that has entered into this subcontract with Meta Special Aerospace, Air Operations, Inc. (d/b/a Metrea Special Aerospace, ISR Inc.) and Meta Special Aerospace, Technical Services, Inc. (d/b/a Metrea Special Aerospace, Technical Services Inc.).
- Government – The United States of America or any department or agency thereof.
- Head of Agency or Secretary – The Secretary, Under Secretary, Assistant Secretary, or any other head or assistant head of an executive or military department or other federal agency of the Government of the United States of America. The term “his duly authorized representative” means any person or persons or board (other than the Contracting Officer) authorized to act for the Head of the Agency or the Secretary.
- Procuring Agency – The department of the Government having cognizance of the prime contract.
- Contracting Officer – The person having cognizance on behalf of the Government of the Prime Contract and any other officer or civilian employee of the Government who is properly designated as the Contracting Officer of the procuring agency. The term includes, except as otherwise provided in this subcontract, any authorized representatives of such Contracting Officer acting within the limits of his authority.
- Provision – Any part of this subcontract or attachment thereto including, but not limited to, any referenced or incorporated agreement, specification, documentation, data, or any clause(s) or part(s) or combination(s) thereof.
- Buyer’s Subcontract Representative – Such associate(s) of the Buyer, as the Seller has received notice from the Buyer, as having authority to act for and in behalf of the Buyer.
II. Gratitude and Kickbacks
Seller warrants that neither it nor any of its employees, agents, or representatives have offered or given, or will offer or give, any gratuities to Buyer’s associates, agents or representatives for the purpose of securing this contract or securing favorable treatment under this contract.
The Anti-Kickback Act of 1986, as referenced in FAR 52.203-7, is hereby incorporated into this subcontract as a condition of acceptance. If you have reasonable grounds to believe that a violation, as described in paragraph (b) of FAR 52.203-7, may have occurred, you should report this suspected violation to Meta Special Aerospace, Air Operations, Inc. (d/b/a Metrea Special Aerospace, ISR Inc.) and Meta Special Aerospace, Technical Services, Inc. (d/b/a Metrea Special Aerospace, Technical Services Inc.) Ethics Hotline at ethics@msa.metrea.aero. You may report a suspected violation anonymously.
III. Notice to Buyer of Labor Disputes
Whenever Seller has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this contract, Seller shall immediately give notice thereof, including all relevant information, to Buyer.
IV. GOVERNMENT CLAUSES
The clauses in FAR Subpart 52.2 and DFARS 252.2 referenced below, in effect on the date of this Subcontract, are incorporated herein and made a part of this Subcontract. To the extent that an earlier version of any such clause is included in the Prime Contract or Subcontract under which this Subcontract is issued, the date of the clause as it appears in such Prime Contract or Subcontract shall be controlling and said version shall be incorporated herein.
In all such clauses, unless the context of the clause requires otherwise, the term “Contractor” shall mean Seller, the Term “Contract” shall mean this Subcontract, and the terms “Government”, “Contracting Officer” and equivalent phrases shall mean Buyer and Buyer’s Procurement Representative, respectively. It is intended that the referenced clauses shall apply to Seller in such manner as is necessary to reflect the position of Seller as a subcontractor to Buyer, to insure Seller’s obligations to Buyer and to the United States Government, and to enable Buyer to meet its obligations under its Prime Contract or Subcontract.
V. Federal Acquisition Regulation (FAR) clauses:
The following clauses are applicable to this Subcontract required by FAR:
CLAUSE NO. | TITLE OF CLAUSE
52.203 6 and Alt. I Restrictions on Subcontractor Sales to the Government (SEP 2006)
52.203 7 Anti Kickback Procedures (MAY 2014)
52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014)
52 203 12 Limitation on Payments to Influence Certain Federal Transactions (OCT 2010)
52.203-13 Contractor Code of Business Ethics and Conduct (OCT 2015)
52.203-14 Display of Hotline Poster(s) (OCT 2015)
52.204-2 Security Requirements (AUG 1996)
52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011)
52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015)
52.208 8 Required Sources for Helium and Helium Usage Data (APR 2014)
52.211-5 Material Requirements (AUG 2000)
52.211-15 Defense Priority and Allocation Requirements (APR 2008)
52.215 2 Audit and Records Negotiation, Alternate I (OCT 2010)
52.215 12 Subcontractor Certified Cost or Pricing Data (OCT 2010)
52.215 13 Subcontractor Certified Cost or Pricing Data – Modifications (OCT 2010)
52.215 14 Integrity of Unit Prices (OCT 2010)
52.215 15 Pension Adjustments and Asset Reversions (OCT 2010)
52.215-16 Facilities Capital Cost of Money (JUN 2003)
52.215-17 Waiver of Facilities Capital Cost of Money (OCT 1997)
52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other than Pensions (JUL 2005)
52.215-19 Notification of Ownership Changes (OCT 1997)
52.216-7 Allowable Cost and Payment (JUN 2013)
52.216-8 Fixed Fee (JUN 2011)
52.219-8 Utilization of Small Business Concerns (OCT 2014)
52.219 9 Small Business Subcontracting Plan (OCT 2015)
52.222 4 Contract Work Hours and Safety Standards Overtime Compensation (MAY 2014)
52.222-21 Prohibition of Segregated Facilities (APR 2015)
52.222 26 Equal Opportunity (APR 2015)
52.222 35 Equal Opportunity for Veterans (SEP 2010)
52.222-36 Equal Opportunity for Workers with Disabilities (JUL 2014)
52.222 37 Employment Reports on Veterans (FEB 2016)
52.222-41 Service Contract Labor Standards (MAY 2014)
52.223-7 Notice of Radioactive Materials (JAN 1997)
52.224-2 Privacy Act (APR 1984)
52.225-8 Duty-Free Entry (OCT 2010)
52.225-13 Restriction on Certain Foreign Purchases (JUN 2008)
52.227-1 Authorization and Consent (DEC 2007)
52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007)
52.227-3 Patent Indemnity Alternate III (APR 1984)
52.227-9 Refund of Royalties (APR 1984)
52.227-10 Filing of Patent Applications – Classified Subject Matter (DEC 2007)
52.227-11 Patent Rights – Ownership by the Contractor (MAY 2014)
52.227 13 Patent Rights – Ownership by the Government (DEC 2007)
52.227 14 Rights in Data General (MAY 2014)
52.227 23 Rights to Proposal Data (Technical) (JUN 1987)
52.228 3 Workers’ Compensation Insurance (Defense Base Act) (JUL 2014)
52.228-5 Insurance – Work on a Government Installation (JAN 1997)
52.228-7 Insurance – Liability to Third Persons (MAR 1996)
52.229-10 State of New Mexico Gross Receipts and Compensating Tax (APR 2003)
52.232-20 Limitation of Cost (APR 1984)
52.232-22 Limitation of Funds (APR 1984)
52.234-1 Industrial Resources Developed Under Defense Production Act Title III (DEC 1994)
52.236-13 Accident Prevention (NOV 1991)
52.237 7 Indemnification and Medical Liability Insurance (JAN 1997)
52.237-9 Waiver of Limitation on Severance Payments to Foreign Nationals (MAY 2014)
52.243-2 Changes – Cost Reimbursement (AUG 1987)
52.247-3 Capability to Perform a Contract for the Relocation of a Federal Office and Alternate I (FEB 2006)
52.247-63 Preference for U.S.-Flag Air Carriers (JUN 2003)
52.247 64 Preference for Privately Owned U.S. Flag Commercial Vessels (FEB 2006)
52.248-1 Value Engineering (OCT 2010)
VI. Department of Defense Acquisition Regulation Supplement Clauses or References to Department of Defense Acquisition Regulation Supplement
All references herein to “Department of Defense Acquisition Regulation Supplement” or “DFARS” shall mean the Department of Defense Acquisition Regulation which implements and supplements the Federal Acquisition Regulation.
The following clauses are applicable to this order if required by DFARS:
Clause No. and DFARS Reference | Title of Clause
252.203-7001 Prohibition on Persons Convicted of Fraud or other Defense-Contract-Related Felonies Felonies (DEC 2008)
252.204-7000 Disclosure of Information (AUG 2013)
252.204-7012 Safeguarding Covered Defense information and Cyber Incident Reporting (OCT 2016) (Applies if the Subcontractor will have access to CDI)
252.208-7000 Intent to Furnish Precious Metals as Government-Furnished Material (DEC 1991)
252.211-7000 Acquisition Streamlining (OCT 2010)
252.219-7003 Small Business Subcontracting Plan (DOD Contracts) (MAR 2016)
252.222-7000 Restrictions on Employment of Personnel (MAR 2000)
252.223-7002 Safety Precautions for Ammunition and Explosives (MAY 1994)
252.223-7006 Prohibition on Storage, Treatment and Disposal of Toxic or Hazardous Materials Alt. I (SEP 2014)
252.225-7014 Reserved
252.225-7016 Restriction on Acquisition of Ball and Roller Bearings (JUN 2011)
252.225-7019 Restriction on Acquisition of Anchor and Mooring Chain (DEC 2009)
252.225-7025 Restriction on Acquisition of Forgings (DEC 2009)
252.225-7032 Waiver of United Kingdom Levies-Evaluation of Offers (APR 2003)
252.225-7037 Evaluation of Offers for Air Circuit Breakers (JUN 2005)
252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (SEP 2004)
252.227-7013 Rights in Technical Data – Noncommercial Items (FEB 2014)
252.227-7014 Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation (FEB 2014)
252.227-7016 Rights in Bid or Proposal Information (JAN 2011)
252.227-7018 Rights in Noncommercial Technical Data and Computer Software-Small Business Innovation Research (SBIR) Program (FEB 2014)
252.227-7019 Validation of Asserted Restrictions – Computer Software (SEP 2011)
252.227-7033 Rights in Shop Drawings (APR 1966)
252.227-7037 Validation of Restrictive Markings on Technical Data (JUN 2013)
252.228-7005 Accident Reporting and Investigation Involving Aircraft, Missiles and Space Launch Vehicles (DEC 1991)
252.229-7004 Status of Contractor as a Direct Contractor (Spain) (JUN 1997)
252.235-7002 Animal Welfare (DEC 2014)
252.235-7003 Frequency Authorization (MAR 2014)
252.239-7016 Telecommunications Security Equipment, Devices, Techniques, And Services (DEC 1991)
252.244-7000 Subcontracts for Commercial Items and Commercial Components (DoD Contracts) (JUN 2013)
252.247-7023 Transportation of Supplies by Sea (APR 2014)
252.247-7024 Notification of Transportation of Supplies by Sea (MAR 2000)
252.249-7002 Notification of Anticipated Contract Termination or Reduction (OCT 2015)
MANDATORY FAR/DFARS FLOWDOWN CLAUSES
I. Definitions
As used throughout this Subcontract, the following terms shall have the meanings set forth below:
- The Subcontract – This executed contractual agreement between Meta Special Aerospace, Air Operations, Inc. (d/b/a Metrea Special Aerospace, ISR Inc.) and Meta Special Aerospace, Technical Services, Inc. (d/b/a Metrea Special Aerospace, Technical Services Inc.) and Seller listing supplies/services to be furnished and the consideration, therefore.
- Subcontract – The terms “subcontract’, “purchase order,” “order” and “agreement” are interchangeable and include any amendments or change orders.
- Buyer or Contractor – The party purchasing the supplies/services (Meta Special Aerospace, Air Operations, Inc. (d/b/a Metrea Special Aerospace, ISR Inc.) and Meta Special Aerospace, Technical Services, Inc. (d/b/a Metrea Special Aerospace, Technical Services Inc.)).
- Seller, Subcontractor or Vendor – The party that has entered into this subcontract with Meta Special Aerospace, Air Operations, Inc. (d/b/a Metrea Special Aerospace, ISR Inc.) and Meta Special Aerospace, Technical Services, Inc. (d/b/a Metrea Special Aerospace, Technical Services Inc.).
- Government – The United States of America or any department or agency thereof.
- Head of Agency or Secretary – The Secretary, Under Secretary, Assistant Secretary, or any other head or assistant head of an executive or military department or other federal agency of the Government of the United States of America. The term “his duly authorized representative” means any person or persons or board (other than the Contracting Officer) authorized to act for the Head of the Agency or the Secretary.
- Procuring Agency – The department of the Government having cognizance of the prime contract.
- Contracting Officer – The person having cognizance on behalf of the Government of the Prime Contract and any other officer or civilian employee of the Government who is properly designated as the Contracting Officer of the procuring agency. The term includes, except as otherwise provided in this subcontract, any authorized representatives of such Contracting Officer acting within the limits of his authority.
- Provision – Any part of this subcontract or attachment thereto including, but not limited to, any referenced or incorporated agreement, specification, documentation, data, or any clause(s) or part(s) or combination(s) thereof.
- Buyer’s Subcontract Representative – Such associate(s) of the Buyer, as the Seller has received notice from the Buyer, as having authority to act for and in behalf of the Buyer.
Therefore, in the Federal Acquisition Regulations (FAR) and Defense Federal Acquisition Regulations Supplement (DFARS) clauses incorporated herein, unless the context of a clause requires otherwise, “Government” means Buyer, “Contracting Officer” means Buyer’s Procurement or Subcontract Representative or his authorized designee, “Contractor” means Seller, and the revision date of each clause shall be the same as contained in the Prime Contract; and “Prime Contract” means the Government contract identified in This Order and under which This Order was issued.
II. Commercial Item Clause
52.244-6 Subcontracts for Commercial Items
As prescribed in 44.403, insert the following clause:
Subcontracts for Commercial Items (DEC 2013)
(a) Definitions. As used in this clause—
“Commercial item” has the meaning contained Federal Acquisition Regulation 2.101, Definitions.
“Subcontract” includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the Contractor or subcontractor at any tier.
(b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial items or nondevelopmental items as components of items to be supplied under this contract.
(c) (1) The Contractor shall insert the following clauses in subcontracts for commercial items:
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509), if the subcontract exceeds $5.5 million and has a performance period of more than 120 days. In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer.
(ii) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5), if the subcontract is funded under the Recovery Act.
(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017).
(iv) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (Jun 2016), other than subcontracts for commercially available off-the-shelf items, if flow down is required in accordance with paragraph (c) of FAR clause 52.204-21.
(v) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), if the subcontract offers further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212(a));
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496), if flow down is required in accordance with paragraph (f) of FAR clause 52.222-40.
(xii)(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xiii) 52.222-55, Minimum Wages under Executive Order 13658 (Dec 2015), if flowdown is required in accordance with paragraph (k) of FAR clause 52.222-55.
(xiv) 52.222-59, Reserved.
(xv) 52.222-60, Reserved.
(xvi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706), if flowdown is required in accordance with paragraph (m) of FAR clause 52.222-62.
(xvii)(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a) if flow down is required in accordance with 52.224-3(f).
(B) Alternate I (Jan 2017) of 52.224-3, if flow down is required in accordance with 52.224-3(f) and the agency specifies that only its agency-provided training is acceptable).
(xviii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xix) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013), if flow down is required in accordance with paragraph (c) of FAR clause 52.232-40.
(xx) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. App. 1241 and 10 U.S.C. 2631), if flow down is required in accordance with paragraph (d) of FAR clause 52.247-64).
(2) While not required, the Contractor may flow down to subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(d) The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded under this contract.
(End of clause)
III. Additional Required Clauses – Full Text
All subcontracts over $150,000 (inclusive of options) (at all tiers) except those for commercial items.
52.234-1 Industrial Resources Developed Under Defense Production Act Title III (Dec 1994)
IV. Definitions
a) Title III Industrial Resource – Materials, services, processes, or manufacturing equipment (including the processes, technologies, and ancillary services for the use of such equipment) established or maintained under the authority of Title III, Defense Production Act (50 U.S.C. App. 2091-2093).
b) Title III Project Contractor – A contractor that has received assistance for the development or manufacture of an industrial resource under 50 U.S.C. App. 2091-2093, Defense Production Act.
- The Contractor shall refer any request from a Title III project contractor for testing and qualification of a Title III industrial resource to the Contracting Officer.
- Upon the direction of the Contracting Officer, the Contractor shall test Title III industrial resources for qualification. The Contractor shall provide the test results to the Defense Production Act Office, Title III Program, located at Wright Patterson Air Force Base, Ohio 45433-7739.
- When the Contracting Officer modifies the contract to direct testing pursuant to this clause, the Government will provide the Title III industrial resource to be tested and will make an equitable adjustment in the contract for the costs of testing and qualification of the Title III industrial resource.
- The Contractor agrees to insert the substance of this clause, including paragraph (e), in every subcontract issued in performance of this contract.
(End of clause)
V. All Subcontracts (at all tiers)
Additional Required Clauses – Incorporated by Reference
The following FAR Clauses are incorporated by reference.
CLAUSE NO. | DESCRIPTION | WHEN REQUIRED
52.203-6 Restrictions on Subcontractor Sales to the Government
(when required) Except for commercial items and components.
52.203-7 Anti-Kickback Procedures
(when required) Subcontracts >$150K (at all tiers)
52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions
(when required) Flowed to all, subcontracts > $150K must certify.
52.203-12 Limitation on Payments to Influence Certain Federal Transactions
(when required) Flowed to all, subcontracts > $150K must certify.
52.203-13 Contractor Code of Business Ethics and Conduct
(when required) All subcontracts having a value in excess of $5M and performance period > 120 days.
52.204-2 Security Requirements
(when required) All subcontracts (at all tiers) involving access to classified information.
52.204-9 Personal Identity Verification of Contractor Personnel
(when required) When subcontractors are required to have routine physical access to a Federal-controlled information system.
52.214-26 Audit and Records-Sealed Bidding
(when required) All subcontracts (at all tiers) expected to exceed the threshold for submission of cost or pricing data FAR 15.403(a)(1)
52.214-28 Subcontractor Certified Cost or Pricing Data-Modifications-Sealed Bidding
(when required) Required only if in the prime contract.
52.215-2 Audit and Records-Negotiation
(when required) All subcontracts (at all tiers) that exceed the simplified
acquisition threshold and that are other than FFP.
52.215-12 Subcontractor Certified Cost or Pricing Data
(when required) All subcontracts expected to exceed the simplified acquisition threshold.
52.215-13 Subcontractor Certified Cost or Pricing Data- Modifications
(when required) All subcontracts expected to exceed the simplified acquisition threshold.
52.215-14 Integrity of Unit Prices
(when required) All subcontracts over the simplified acquisition threshold and for items other than: construction or architect-engineer services; utility services; services where supplies are not required; commercial items; and petroleum products.
52.215-15 Pension Adjustments and Asset Reversions
(when required) All subcontracts that meet the requirements in FAR 15.408(g)
52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other than Pensions
(when required) All subcontracts that meet the requirements in FAR 15.408(j)
52.215-19 Notification of Ownership Changes
(when required) All subcontracts that meet the requirements in FAR 15.408(k)
52.219-9 Small Business Subcontracting Plan
(when required) All subcontracts awarded in excess of $700,000 except if for commercial items and components.
52.222-4 Contract Work Hours and Safety Standards – Overtime Compensation
(when required) All subcontracts exceeding $150K (at all levels) paragraphs (a) – (d) only.
52.222-21 Prohibition of Segregated Facilities
(when required) All subcontracts subject to the Equal Opportunity clause.
52.222-26 Equal Opportunity
(when required) All subcontracts that are not exempted under Executive Order 11246.
52.222-27 Affirmative Action Compliance Requirements for Construction
(when required) All subcontracts over $10K
52.222-35 Equal Opportunity for Veterans
(when required) All subcontracts of $150K or more
52.222-36 Equal Opportunity for Workers with Disabilities
(when required) All subcontracts over $15K
52.222-37 Employment Reports on Veterans
(when required) All subcontracts $150K and more except for commercial items and components
52.222-41 Service Contract Labor Standards
(when required) All subcontracts subject to the act except those for commercial items and components.
52.224-2 Privacy Act
(when required) All subcontracts subject to the act regarding record systems.
52.225-8 Duty Free Entry
(when required) All subcontracts over $15,000 subject to duty-free purchase of foreign supplies.
52.225-13 Restrictions on Certain Foreign Purchases
(when required) All subcontracts (at all tiers)
52.227-1 Authorization and Consent
(when required) All subcontracts (at all tiers) in excess of the simplified. acquisition threshold.
52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement
(when required) All subcontracts (at all tiers) in excess of the simplified acquisition threshold.
52.227-3 Patent Indemnity Alternate III
52.227-9 Refund of Royalties
(when required) All subcontracts (at all tiers) if the royalty payment exceeds $250.
52.227-10 Filing of Patent Applications- Classified Subject Matter
(when required) All subcontracts (at all tiers) that cover or are likely to cover classified subject matter.
52.227-11 Patent Rights – Ownership by the Contractor
(when required) All subcontracts (at all tiers) for experimental, developmental or research work.
52.227-13 Patent Rights – Ownership by the Government
(when required) All subcontracts (at all tiers) for experimental, developmental or research work.
52.227-14 Rights in Data – General
52.228-3 Workers’ Compensation Insurance (Defense Base Act)
(when required) All subcontracts at all tiers
52.228-5 Insurance – Work on a Government Installation
52.229-2 North Carolina State and Local Sales and Use Tax
(when required) Construction only.
52.229-10 State of New Mexico Gross Receipts and Compensating Tax
(when required) All subcontracts (at all tiers) that meet the criteria in FAR 29.401-6(b) (1 through 3).
52.232-16 Progress Payments
(when required) To Small Businesses Only
52.236-13 Accident Prevention
(when required) All subcontracts (at all tiers)
52.237-7 Indemnification and Medical Liability Insurance
(when required) All subcontracts (at all tiers) if the effort is for health care services
52.247-3 Capability to Perform a Contract for the Relocation of a Federal Office and Alternate I (FEB 2006)
(when required) Only if subcontractor performs the move on behalf of the prime.
52.247-63 Preference for U.S.-Flag Carriers
(when required) Only if international air transportation is anticipated.
52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels
(when required) All subcontracts (at any tier) unless the prime is at or below the simplified acquisition threshold.
52.248-1 Value Engineering
(when required) All subcontracts $150K or more.
VI. The following DFARS Mandatory Flow Down Clauses through Change Notice 20140528 (5/28/14) are incorporated by reference.
CLAUSE NO. | DESCRIPTION | WHEN REQUIRED
252.203-7001 Prohibition on Persons Convicted of Fraud or other Defense-Contract-Related Felonies
(when required) All first tier subcontracts in excess of the simplified acquisition threshold except those for commercial items or components
252.204-7000 Disclosure of Information
(when required) Under DoD prime contracts
252.204-7012 Safeguarding Covered Defense information and Cyber Incident Reporting
252.208-7000 Intent to Furnish Precious Metals as Government-Furnished Material
(when required) Only if the items being purchased, contain precious metals.
252.211-7000 Acquisition Streamlining
(when required) All subcontracts (at any tier) over $1,500,000
252.219-7003 Small Business Subcontracting Plan (DoD Contracts)
(when required) Under DoD prime contracts
252.222-7000 Restrictions on Employment of Personnel
(when required) All subcontracts (at all tiers)
252.223-7006 Prohibition on Storage, Treatment and Disposal of Toxic and Hazardous Material
(when required) All subcontracts (at all tiers) which require, may require, or permits a subcontractor to treat or dispose of non DoD-owned toxic or hazardous materials.
252.225-7014 Reserved
252.225-7016 Restriction on Acquisition of Ball and Roller Bearings
(when required) All subcontracts (at all tiers) unless commercial items other than ball bearings or items that do not contain ball or roller bearings.
252.225-7019 Restriction on Acquisition of Anchor and Mooring Chain
(when required) All subcontracts (at all tiers) for anchor and mooring chain four inches in diameter and under.
252.225-7025 Restriction on Acquisition of Forgings
(when required) All subcontracts at all tiers unless items purchased contain none of the restricted forging items.
252.225-7032 Waiver of United Kingdom Levies – Evaluation of Offerors
(when required) All subcontracts (at all tiers) where value is over $1 million with an U.K. firm.
252.225-7037 Evaluation of Offers for Air Circuit Breakers
(when required) All subcontracts that involve supplies to be accorded duty-free entry.
252.227-7013 Rights in Technical Data—Noncommercial Items
252.227-7014 Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation
252.227-7016 Rights in Bid or Proposal Information
(when required) All subcontracts (all tiers)
252.227-7019 Validation of Asserted Restrictions—Computer Software
(when required) All subcontracts (at all tiers)
252.227-7033 Rights in Shop Drawings
(when required) All subcontracts (at all tiers)
252.227-7037 Validation of Restrictive Markings on Technical Data
(when required) All subcontracts (at all tiers) except for commercial items or components.
252.229-7004 Status of Contractor as a Direct Contractor (Spain)
(when required) All subcontracts (at all tiers)
252.239-7016 Telecommunications Security Equipment, Devices, Techniques, and Services
252.244-7000 Subcontracts for Commercial Items and Commercial Components (DoD Contracts)
(when required) All subcontracts (all tiers)
252.246-7003 Notification of Potential Safety Issues
(when required) All subcontracts (all tiers)
252.247-7023 Transportation of Supplies by Sea
(when required) All subcontracts (at all tiers) except for commercial items or components
252.247-7024 Notification of Transportation of Supplies by Sea
(when required) All subcontracts (at all tiers) except for commercial items or components
252.249-7002 Notification of Anticipated Contract Termination or Reduction
(when required) All subcontracts (at all tiers) valued at $150K or more
