DFAR

15.304 Evaluation Factors and Subfactors

[Access 15.304 Evaluation Factors and Subfactors - HTM]

[Deviation per DAR Tracking Number: 99-o0002, 15.304-(c)(3), Effective immediately, and until further notice]

Subpart 15.3-Source Selection

*****

15.304 Evaluation Factors and Subfactors

*****

(3)

(i) Except as set forth in paragraph (c) (3) (ii) of this section, past performance shall be evaluated in all source selections for negotiated competitive acquisitions[--

(A) For systems and operations support expected to exceed $5,000,000;

(B) For services, information technology, or science and technology expected to exceed $1,000,000; and

([ii]) Past performance need not be evaluated if the contracting officer documents the reason past performance is not an appropriate evaluation factor for the acquisition (OFPP Policy Letter 92-5).

****

15.408 Solicitation provisions and contract clauses

[Access 15.408 Solicitation provisions and contract clauses - HTM]

Class Deviation, DARS Tracking Number 2009-O0015, 23 Dec, 2009. See 15.408(n)(2)(i)(B)(2)(ii) below

(ii) A fixed-price contract with economic price adjustment ;(added per Class Deviation) or a fixed-price incentive contract awarded on the basis of adequate price competition

19.703 Eligibility requirements for participating in the program.

[Access 19.703 Eligibility requirements for participating in the program. - HTM]

DoD: See deviation 2008-O0009 for changes to 19.703 that are effective from 19 November 2009 until incorporated into the FAR, modified, or rescinded.

19.11 Price Evaluation Adjustment for Small Disadvantaged Business Concerns

[Access 19.11 Price Evaluation Adjustment for Small Disadvantaged Business Concerns - HTM]

DEVIATION:

OFFICE OF THE UNDER SECRETARY OF DEFENSE

3000 DEFENSE PENTAGON

WASHINGTON, DC 20301-3000

February 11, 2009

In reply refer to

DAR Tracking Number: 2009-O0003

MEMORANDUM FOR COMMANDER, UNITES STATES SPECIAL OPERATIONS

COMMAND (ATTN: ACQUISITION EXECUTIVE)

COMMANDER, UNITED STATES TRANSPORTATION COMMANDER, (ATTN: ACQUISITION EXECUTIVE)

DEPUTY ASSISTANT SECRETARY OF THE ARMY (POLICY AND PROCUREMENT), ASA(ALT)

DEPUTY ASSISTANT SECRETERY OF THE NAVY

(ACQUISITION & LOGISTICS MANAGEMENT), ASN(RDA)

DEPUTY ASSISTANT SECRETARY OF THE AIR FORCE (CONTRACTING), SAF/AQC

DIRECTORS, DEFENSE AGENCIES

DIRECTOR, DOD FIELD ACTIVITIES

SUBJECT: Class Deviation – Suspension of the Price Evaluation Adjustment for Small Disadvantaged Businesses

Department of Defense (DoD) contracting activities shall continue to suspend the use of the price evaluation adjustment for small disadvantaged businesses (SDBs) in DoD procurement, as prescribed in the Federal Regulation (FAR) subpart 19.11 and Defense Federal Acquisition Regulation Supplement (DFARS) subpart 219.11. The suspension is in effect for a one year period 30 days after the date of this deviation and applies to all solicitations issued from March 13, 2009 through March 12, 2010. The current deviation authority expires on March 9, 2009.

On November 4, 2008, in the case Rothe Development Corp. v. Dept. of Defense, the U.S. Court of Appeals for the Federal Circuit found 10 United States Code (U.S.C.) section 2323 unconstitutional. The appellate court returned the case to the U.S. District Court for the Western district of Texas with orders to enter judgment. The scope of the District Court’s final order, expected in the near future, will affect the future viability of section 2323. Additional guidance will be provided at that time.

Subsection 2323(e) of title 10, United States Code (U.S.C.), as amended by section 801 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 and section 816 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, requires DoD to suspend the regulation implementing the authority to enter into a contract for a price exceeding fair market cost if the Secretary determines at the beginning of the Fiscal Year that DoD achieved the five percent goal established in 10 U.S.C. 2323(a) in the most recent fiscal year for which data are available. Based on the current available data for Fiscal Year 2008, the determination is made that DoD exceeded the five percent goal established in 10 U.S.C. 2323(a) for contract awards to SDBs. Accordingly, use of the price evaluation adjustment prescribed in FAR 19.11 and DEARS 219.11 is suspended for DoD.

My staff point of contact for this subject is Ms. Susan Pollack at (703) 697-8336 or susan.pollack@osd.mil.

Shay D. Assad

Director, Defense Procurement

Part 31 Contract Cost Principles and Procedures

[Access Part 31 Contract Cost Principles and Procedures - HTM]

See Deviation (CPF Tracking Number: 2007-O0008) for all contracts awarded in conjunction with the Civil Reserve Air Fleet (CRAF) Program.

See Class Deviation 2007-O0007: Utilities Privatization.

31.203 Indirect costs.

[Access 31.203 Indirect costs - HTM]

Class Deviation (applies to paragraph ( c ) only.

OFFICE OF THE UNDER SECRETARY OF DEFENSE

3000 DEFENSE PENTAGON

WASHINGTON, DC 20301-3000

FEB 18 2009

In reply refer to

DAR Tracking Number: 2008-O0009

MEMORANDUM FOR COMMNDER UNITED STATES SPECIAL OPERATIONS

COMMAND, (ATTN: ACQUISITION EXECUTIVE)

COMMANDER UNITED STATES TRANSPORTATION COMMAND (ATTN: ACQUISITION EXECUTIVE)

DEPUTY ASSISTANT SECRETARY OF THE ARMY

(POLICY AND PROCUREMENT). ASA(ALT)

DEPUTY ASSISTANT SECRETARY OF THE NAVY

(ACQUISITION & LOGISTICS MANAGEMENT)

ASN(RDA)

DEPUTY ASSISTANT SECRETARY OF THE AIR FORCE

(CONTRACTING), SAF/AQC

DIRECTORS, DEFESNE AGENCIES

DIRECTORS, DOD FIELD ACTIVITIES

SUBJECT: Request for Deviation from FAR 31.203(c), Indirect Costs

On September 29, 2005, the Acting Director of Defense Procurement and Acquisition Policy authorized the attached deviation from the requirements of FAR 31.203( c) when costs disallowed under FAR 31.205-52 are required to be included in the indirect cost base. The deviation expired on September 30, 2008.

This memorandum extends the deviation until September 30, 2011.

Any questions concerning this memorandum should be addressed to Mr. JulianThrash, Senior Procurement Analyst, at 703~602-0310 or via e-mail at

Julian.trash@osd.mil

31.205-20 Interest and other financial costs.

[Access 31.205-20 Interest and other financial costs - HTM]

(DoD, see Class Deviation below)

Also: See Class Deviation 2007-O0007: Utilities Privatization.

OFFICE OF THE UNDER SECRETARY OF DEFENSE

3000 DEFENSE, PENTAGON

WASHINGTON, DC, 20301-3000

April 15 , 2002

ACQUISTION, TECHNOLOGY

AND LOGISTICS

DP(DAR)

In reply refer to:

DAR Tracking Number: 2002-O0003

MEMORANDUM FOR DRECT'ORS OF DEFEENSE AGENCIES

DEPUTY FOR ACQUISITION AND BUSINESS MANAGEMENT,ASN (RD&A) /ABM

DEPUTY ASSISTANT SECRETARY OF THE AIR FORCE (CONTRACTING) SAF/AQC

DEPUTY ASSISTANT SECRETARY OF THE ARMY (PROCUREMENT)

COMMANDER, DEFENSE CONTRACT MANAGEMENT COMMAND, DEFENSE LOGISTICS AGENCY

SUBJECT : Class Deviation - Interest Cost

I authorize a class deviation from the cost principle at Federal Acquisition Regulation (FAR) 31.205-20, Interest and other financial costs, for utilities privatization contracts under which previously Government-owned utility systems are conveyed by a Military Department or Defense Agency to a contractor. Pursuant to this deviation, the utilities privatization contractor will be permitted to recover its interest costs associated only with capital expenditures to acquire, renovate, replace, upgrade, and/or expand utility systems, and the contractor will not be permitted to receive facilities capital cost of money as a contract cost under FAR 31.205-10, Cost of money. Interest rates used to calculate allowable interest costs pursuant to this class deviation must be limited to 600 basis points above the Contract Disputes Act interest rate (41 U.S.C. 611) in effect at the time the contractor makes the capital expenditure. This class deviation is effective for utilities privatization contracts awarded from May 1. 2002 through April 30, 2007. Questions about this deviation may be addressed to Mr. Christopher Werner at (703) 695-9764, or Christopher.Werner@osd.mil.

Signed,

Deidre A. Lee

Director, Defense Procurement

31.205-41 Taxes.

[Access 31.205-41 Taxes - HTM]

See Class Deviation 2007-O0007: Utilities Privatization.

31.205-52 Asset valuations resulting from business combinations.

[Access 31.205-52 Asset valuations resulting from business combinations - HTM]

[DoD, see Class Deviation/ DAR Tracking Number 99-O0009 Posted under "Changes / Class Deviations" on the FARSite Web page, effective through 30 Sep, 2002]

32.906 Making payments.

[Access 32.906 Making payments - HTM]

DARS Tracking Number 2010-E0001 Class Deviation for use by USTRANSCOM applies to paragraph (a) (see below).

Class Deviation applies to paragraph (a) only.

OFFICE OF THE UNDER SECRETARY OF DEFENSE

3000 DEFENSE PENTAGON

WASHINGTON, DC 20301-3000

AUG 3 2010

In reply refer to

DAR Tracking Number: 2010-E0001

MEMORANDUM FOR COMMNDER UNITED STATES TRANSPORTATION COMMAND (ATTN: ACQUISITION EXECUTIVE)

SUBJECT: Class Deviation - Early Payments for Civilian Reserve Air Fleet (CRAF) Contracts

Effective October 1, 2010, this class deviation extends the authority for the United States Transportation Command (USTRANSCOM) to deviate from the requirements of FAR 32.906(a), Making Payments, to permit payments to air carriers in the CRAF program earlier than seven days prior to the later of (a) the 30th day after Government receipt of a proper invoice, or (b) the 30th day after the Government accepts the supplies/services is extended. This is an extension of the same authority previously granted under class deviation 2007-O0006.

Use by USTRANSCOM of this class deviation is contingent upon the following conditions:

- The negotiated payment terms do not provide for payments earlier than required by established commercial practices.

- Contract negotiations reflect an appropriate adjustment to profit in consideration of the early payments.

The deviation is effective until March 31, 2013, unless it is otherwise rescinded. My point of contact for this matter is Ms. Mary Overstreet, 703-602-0311 or mary.overstreet@osd.mil .

(signed by)

Shay D. Assad

Director, Defense Procurement and Acquisition Policy

42.1502 Policy.

[Access 42.1502 Policy - HTM]

[see DoD deviation below]

[Deviation per DAR Tracking Number: 99-o0002, until further notice]

42.1502 Policy.

(a)

[(1)] Except as provided in paragraph (b) of this section, agencies shall prepare an evaluation of contractor performance for each contract' in excess of [--

(A) $5,000,000 for systems and operations support contracts;

(B) $1,000,000 For services, and information technology contracts; and

(2) There is no dollar threshold for evaluating contractor performance under science and technology contracts.

(3)] In addition, interim evaluations should be prepared as specified by the agencies to provide current information for source selection purposes, for contracts with a period of performance, including options, exceeding one year. This evaluation is generally for the entity, division, or unit that performed the contract. The content and format of performance evaluations shall be established in accordance with agency procedures and should be tailored to the size, content, and complexity of the contractual requirements.

(b) Agencies shall not evaluate performance for contracts awarded under Subparts 8.6 and 8.7. Agencies shall evaluate construction contractor performance and architect/engineer contractor performance in accordance with 36.201 and 36.604, respectively.

* * * *

52.209-8 Updates of Information Regarding Responsibility Matters.

[Access 52.209-8 Updates of Information Regarding Responsibility Matters (Deviation) - HTM]

See deviation 2011-O0001 below

[Class Deviation- 2011-O0001, Public Access to Information in the Federal Awardee

Performance and Integrity Information System (FAPIIS). This clause deviation is effective on Oct 12, 2010, and remains in effect until incorporated into the FAR, or until otherwise rescinded.

52.209-8 Updates of Information Regarding Responsibility Matters (DEVIATION).

As prescribed at 9.104-7(c), insert the following clause:

UPDATES OF INFORMATION REGARDING RESPONSIBILITY MATTERS (DEVIATION) (OCT 2010)

(a)

(1) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the Central Contractor Registration database at http://www.ccr.gov (see 52.204-7).

(2) At the first semi-annual update on or after April 15, 2011, the Contractor shall post again any required information that the Contractor posted prior to April 15, 2011.

(b)

(1) The Contractor will receive notification when the Government posts new information to the Contractor's record.

(2) The Contractor will have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) Public access to information in FAPIIS.

(i) Public requests for system information that was posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(ii) As required by section 3010 of Public Law 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(End of clause)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items.

[Access 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Oct 2010) (Deviation) - HTM]

(DoD components, see SPS Deviation below)

[Class Deviation- 2009-O0005, Commercial Item Omnibus Clauses for Acquisitions Using the Standard Procurement System. This clause deviation is effective on May 1, 2009, and remains in effect until April 30, 2014, or until otherwise rescinded.

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (OCT 2010) (DEVIATION)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(b)

(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(i) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) Reserved.

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) Reserved

(viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.)

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.)

(xii) 52.222-54, Employment Eligibility Verification (Jan 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately-Owned U.S.- Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

Alternate I (Feb 2000) (Deviation). As prescribed in 12.301(b)(4), delete paragraph (a) from the basic clause, redesignate paragraph (b)(1) as paragraph (a), and redesignate paragraphs (b)(1)(i) through (b)(1)(xiv) as paragraphs (a)(1) through (a)(14) and redesignate paragraph (b)(2) as paragraph (b).

Alternate II (Oct 2010) (Deviation). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (a)(1) and (b)(1) for paragraphs (a)(1) and (b)(1) of the basic clause as follows:

(a)

(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to-

(i) Examine any of the Contractor's or any subcontractors' records that pertain to, and involve transactions relating to, this contract; and

(ii) Interview any officer or employee regarding such transactions.

(b)

(1) Notwithstanding the requirement of any other clause in this contract, the Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than-

(i) Paragraph (a) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (a)(1)(ii) does not flow down; and

(ii) Those clauses listed in this paragraph (b)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(A) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter1 (41 U.S.C. 251 note)).

(B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2009) (Section 1553 of Pub. L. 111-5).

(C) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(D) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(E) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(F) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(G) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(H) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

(I) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, of Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(J) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

(K) 52.222-54, Employment Eligibility Verification (Jan 2009).

(L) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(M) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

52.219-8 Utilization of Small Business Concerns.

[Access 52.219-8 Utilization of Small Business Concerns (May 2004) (Deviation) - HTM]

DoD: See 52.219-8 Deviation, following this clause.

DoD: Deviation 2009-O0009 given below, is effective from 19 November 2009 until incorporated into the FAR, modified, or rescinded.

52.219-8 - Utilization of Small Business Concerns. (DEVIATION)

As prescribed in 19.708(a), insert the following clause:

Utilization of Small Business Concerns (May 2004) (DEVIATION)

(a) It is the policy of the United States that small business concerns, veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns, and women-owned small business concerns shall have the maximum practicable opportunity to participate in performing contracts let by any Federal agency, including contracts and subcontracts for subsystems, assemblies, components, and related services for major systems. It is further the policy of the United States that its prime contractors establish procedures to ensure the timely payment of amounts due pursuant to the terms of their subcontracts with small business concerns, veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns, and women-owned small business concerns.

(b) The Contractor hereby agrees to carry out this policy in the awarding of subcontracts to the fullest extent consistent with efficient contract performance. The Contractor further agrees to cooperate in any studies or surveys as may be conducted by the United States Small Business Administration or the awarding agency of the United States as may be necessary to determine the extent of the Contractor's compliance with this clause.

"HUBZone small business concern" means a small business concern that appears on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration.

"Service-disabled veteran-owned small business concern"-

(1) Means a small business concern-

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern" means a small business as defined pursuant to Section 3 of the Small Business Act and relevant regulations promulgated pursuant thereto.

"Small disadvantaged business concern" means a small business concern that represents, as part of its offer, that it meets the criteria consistent with 13 CFR 124.1002-

(1) Not less than 51 percent of which is unconditionally and directly owned by one or more socially and economically disadvantaged individuals who are citizens of the United States, the management and daily business operations of which are controlled by one or more socially and economically disadvantaged individuals; and

(2) Where the concern is owned by one or more individuals, and each individual represents that their net worth does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2).

"Veteran-owned small business concern" means a small business concern-

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned small business concern" means a small business concern-

(1) That is at least 51 percent owned by one or more women, or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

(d) Contractors acting in good faith may rely on written representations by their subcontractors regarding their status as a small business concern, a veteran-owned small business concern, a service-disabled veteran-owned small business concern, a HUBZone small business concern, a small disadvantaged business concern, or a women-owned small business concern.

(End of clause)

52.219-25 Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting.

[Access 52.219-25 -- Small Disadvantaged Business participation Program-Disadvantaged Status and Reporting. (Deviation) - HTM]

DoD: See 52.219-25 Deviation, following this clause.

DoD: Deviation 2008-O0009 given below, is effective from 19 November 2009 until incorporated into the FAR, modified, or rescinded.

52.219-25 -- Small Disadvantaged Business participation Program-Disadvantaged Status and Reporting. (DEVIATION)

As prescribed in 19.1204(b), insert the following clause:

Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Apr 2008) (DEVIATION)

(a) Disadvantaged status for joint venture partners, team members, and subcontractors. This clause addresses disadvantaged status for joint venture partners, teaming arrangement members, and subcontractors and is applicable if this contract contains small disadvantaged business (SDB) participation targets. The Contractor may accept self- representations of small disadvantaged status from joint venture partners and teaming arrangement members, and subcontractors.

(b) Reporting requirement. If this contract contains SDB participation targets, the Contractor shall report on the participation of SDB concerns at contract completion, or as otherwise provided in this contract. Reporting may be on Optional Form 312, Small Disadvantaged Business Participation Report, in the Contractor's own format providing the same information, or accomplished through using the Electronic Subcontracting Reporting System's Small Disadvantaged Business Participation Report. This report is required for each contract containing SDB participation targets. If this contract contains an individual Small Business Subcontracting Plan, reports shall be submitted with the final Individual Subcontract Report at the completion of the contract.

(End of clause)

52.222-54 Employment Eligibility Verification.

[Access 52.222-99 - Notification Of Employee Rights Under The National Labor Relations Act - HTM]

(See Class Deviation 2010-O0013 for Clause prescription)

52.222-99 - Notification Of Employee Rights Under The National Labor Relations Act.

NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEVIATION 2010-O0013) (JUN 2010)

(a) During the term of this contract, the Contractor shall post a notice, of such size and in such form, and containing such content as prescribed by the Secretary of Labor, in conspicuous places in and about its plants and offices where employees covered by the National Labor Relations Act engage in activities relating to the performance of the contract, including all places where notices to employees are customarily posted both physically and electronically, in the languages employees speak, in accordance with 29 CFR 471.2 (d) and (f).

(1) Physical posting of the employee notice shall be in conspicuous places in and about the Contractor's plants and offices so that the notice is prominent and readily seen by employees who are covered by the National Labor Relation Act and engage in activities related to the performance of the contract.

(2) If the Contractor customarily posts notices to employees electronically, then the Contractor shall also post the required notice electronically by displaying prominently, on any website that is maintained by the Contractor and is customarily used for notices to employees about terms and conditions of employment, a link to the Department of Labor's website that contains the full text of the poster. The link to the Department's website, as referenced in (b) (3) of this section, must read, "Important Notice about Employee Rights to Organize and Bargain Collectively with Their Employers."

(b) This required notice, printed by the Department of Labor, may be-

(1) Obtained from the Division of Interpretations and Standards, Office of Labor-Management Standards, u.S. Department of Labor, 200 Constitution Avenue, NW, Room N-5609, Washington, DC 20210, (202) 693-0123, or from any field office of the Office of Labor-Management Standards or Office of Federal Contract Compliance Programs;

(2) Provided by the Federal contracting agency, if requested] ;

(3) Bownloaded from the Office of Labor-Management Standards web site at www.dol.gov/olms/regs/compliance/E013496; or

(4) Reproduced and used [as] exact duplicate copies of the Department of Labor's official poster.

(c) The required text of the Employee Notification referred to in this clause is located at Appendix A, Subpart A, 29 CFR part 471.

(d) The Contractor shall comply with all provisions of the Employee Notice and related rules, regulations, and orders of the Secretary of Labor.

(e) In the event that the Contractor does not comply with the requirements set forth in paragraphs (a) through (d) of this clause, this contract may be terminated or suspended in whole or in part, and the Contractor may be suspended or debarred in accordance with 29 CFR 471.14 and FAR Subpart 9.4. Such other sanctions or remedies may be imposed as are provided by 29 CFR Part 471, which implements E.O. 13496 or as otherwise provided by law.

(f) Subcontracts.

(1) The Contractor shall include the substance of this clause, including this paragraph (f), in every subcontract that exceeds $10,000 and will be performed wholly or partially in the United States, unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to section 3 of Executive Order 13496 of January 30, 2009, so that such provisions will be binding upon each subcontractor.

(2) The Contractor shall not procure supplies or services in a way designed to avoid the applicability of Executive Order 13496 or this clause.

(3) The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means of enforcing such provisions, including the imposition of sanctions for non compliance.

(4) However, if the Contractor becomes involved in litigation with a subcontractor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.

(End of Clause)

52.231 [Reserved]

[Access 52.231 [Reserved] - HTM]

See Deviation (CPF Tracking Number: 2007-O0008) for all contracts awarded in conjunction with the Civil Reserve Air Fleet (CRAF) Program.

52.232-25 Prompt Payment.

[Access 52.232-25 Payments In Support of Emergency and Contingency Operations (Deviation 2009-00011) - HTM]

(DoD components, see Class Deviation below)

Class Deviation - Federal Acquisition Regulation (FAR) 32.9 Prompt Payment for Emergencies and Contingency Operations. This clause deviation is effective on August 19, 2009, and remains in effect until incorporated into the DFARS.

Insert the following clause in lieu of the clauses prescribed in FAR 32.9 in contracts when an emergency, as defined in the Disaster Relief Act of 1974; contingency operation (see FAR 2.101(b)); or the release or threatened release of hazardous substances (as defined in 4 U.S.C. 9606, Section 106) occurs, and the Head of the Contracting Activity has made a determination that the provisions of FAR 32.9 do not apply-

52.232-25 -- PAYMENTS IN SUPPORT OF EMERGENCY AND CONTINGENCY OPERATIONS (DEVIATION 2009-00011)

(a) Notwithstanding any other payment clause in this contract, the Government will make invoice payments under the terms and conditions specified in this clause. The Government considers payment as being made on the day a check is dated or the date of an electronic funds transfer (EFT). Definitions of pertinent terms are set forth in sections 2.101,32.001, and 32.902 of the Federal Acquisition Regulation.

(b) Invoice payments-

(1) Due date.

(i) Payment will be made as soon as possible once a proper invoice is received and matched with the contract and the receiving/acceptance report.

(ii) If the contract does not require submission of an invoice for payment (e.g., periodic lease payments), the due date will be as specified in the contract.

(2) Contractor's invoice. The Contractor shall prepare and submit invoices to the designated billing office specified in the contract. A proper invoice should include the items listed in paragraphs (a)(2)(i) through (a)(2)(x) of this clause.

(i) Name and address of the Contractor.

(ii) Invoice date and invoice number. (The Contractor should date invoices as close as possible to the date of the mailing or transmission.)

(iii) Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number).

(iv) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.

(v) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.

(vi) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

(vii) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

(viii) Taxpayer Identification Number (TIN) - (when required). The TIN is required for all payees subject to the U.S. Internal Revenue Code.

(ix) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision (e,g., 52.232-38, Submission of Electronic Funds Transfer Information with Offer), contract clause (e,g., 52.232-33, Payment by Electronic Funds Transfer- Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration), or applicable agency procedures.

(x) Any other information or documentation required by the contract (e,g., evidence of shipment).

(3) Discounts for prompt payment. The designated payment office will take cost-effective discounts, if the payment is made within the discount terms of the contract.

(4) Contract financing payment. If this contract provides for contract financing, the Government will make contract financing payments in accordance with the applicable contract financing clause.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment, including the-

(A) Circumstances of the overpayment (e,g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number if applicable;

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Periodic Review. The Head of the Contracting Activity shall make subsequent determinations as the operational area evolves into a more stable environment to enable the provisions of the Prompt Payment Act to apply.

(End of clause)

52.232-26 Prompt Payment for Fixed-Price Architect-Engineer Contracts.

[Access 52.232-26 Payments In Support of Emergency and Contingency Operations (Deviation 2009-00011) - HTM]

(DoD components, see Class Deviation below)

52.232-26 -- PAYMENTS IN SUPPORT OF EMERGENCY AND CONTINGENCY OPERATIONS (DEVIATION 2009-00011)

(b) Invoice payments-

(1) Due date.

(i) Payment will be made as soon as possible once a proper invoice is received and matched with the contract and the receiving/acceptance report.

(ii) If the contract does not require submission of an invoice for payment (e.g., periodic lease payments), the due date will be as specified in the contract.

(i) Name and address of the Contractor.

(ii) Invoice date and invoice number. (The Contractor should date invoices as close as possible to the date of the mailing or transmission.)

(iii) Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number).

(iv) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.

(vi) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

(vii) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

(viii) Taxpayer Identification Number (TIN) - (when required). The TIN is required for all payees subject to the U.S. Internal Revenue Code.

(ix) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(x) Any other information or documentation required by the contract (e,g., evidence of shipment).

(3) Discounts for prompt payment. The designated payment office will take cost-effective discounts, if the payment is made within the discount terms of the contract.

(4) Contract financing payment. If this contract provides for contract financing, the Government will make contract financing payments in accordance with the applicable contract financing clause.

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment, including the-

(A) Circumstances of the overpayment (e,g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number if applicable;

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(End of clause)

52.232-27 Prompt Payment for Construction Contracts.

[Access 52.232-27 Payments in Support of Emergency And Contingency Operations (Deviation 2009-00011) - HTM]

(DoD components, see Class Deviation below)

52.232-27 -- PAYMENTS IN SUPPORT OF EMERGENCY AND CONTINGENCY OPERATIONS (DEVIATION 2009-00011)

(b) Invoice payments-

(1) Due date.

(i) Payment will be made as soon as possible once a proper invoice is received and matched with the contract and the receiving/acceptance report.

(ii) If the contract does not require submission of an invoice for payment (e.g., periodic lease payments), the due date will be as specified in the contract.

(i) Name and address of the Contractor.

(ii) Invoice date and invoice number. (The Contractor should date invoices as close as possible to the date of the mailing or transmission.)

(iii) Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number).

(iv) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.

(vi) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

(vii) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

(viii) Taxpayer Identification Number (TIN) - (when required). The TIN is required for all payees subject to the U.S. Internal Revenue Code.

(ix) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(x) Any other information or documentation required by the contract (e,g., evidence of shipment).

(3) Discounts for prompt payment. The designated payment office will take cost-effective discounts, if the payment is made within the discount terms of the contract.

(4) Contract financing payment. If this contract provides for contract financing, the Government will make contract financing payments in accordance with the applicable contract financing clause.

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment, including the-

(A) Circumstances of the overpayment (e,g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number if applicable;

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(End of clause)

Part 31 Contract Cost Principles and Procedures

Class Deviation 2011-O0006: Utilities Privatization - FAR Part 31

Class Deviation 2007-O0007: Utilities Privatization - FAR Part 31

31.205-20 Interest and other financial costs.

Class Deviation 2011-O0006: Utilities Privatization - FAR Section 31.205-20

Class Deviation 2007-O0007: Utilities Privatization - FAR Section 31.205-20