FEDERAL FLOWDOWN PROVISIONS FOR FEDERALLY FUNDED CONTRACTS

Transcription

1 FEDERAL FLOWDOWN PROVISIONS FOR FEDERALLY FUNDED CONTRACTS Applicable when solicitation or Purchase Order is in support of a Government Contract. General Provisions and Certifications for Government Contracts: The following clauses are applicable on solicitations and awards in support of Government Contracts and are hereby incorporated by reference into solicitations and any purchase orders with the same force and effect as if set forth in full text. To the extent that an earlier version of any such clause is included in the prime contract or subcontract under which solicitation or purchase order is issued, the date of the clause as it appears in such prime contract or subcontract shall be controlling and said version is incorporated herein. Where necessary to make the context of the Federal Acquisition Regulations (FAR), the Department of Defense Federal Acquisition Regulation Supplement (DFARS) and the NASA Federal Acquisition Regulation Supplement (NFS) clauses set forth in these General Provisions applicable to this solicitation or subcontract, the term Contractor shall mean Subcontractor, Seller or Supplier, the term Contract or Subcontract shall mean Purchase Order, the term Government shall mean Buyer or UCF and the term Contracting Officer shall mean Buyer s Purchasing Representative. It is intended that the referenced clauses shall apply to Seller, the legal entity which contracts with UCF under any solicitation or purchase order, in such manner as is necessary to reflect the position of Seller as a Supplier to UCF, Buyer and legal entity issuing a solicitation or purchase order; to insure Seller s obligations to UCF and the United States Government; and to enable UCF to meet its obligations under its prime contract or subcontract. All of the clauses hereby incorporated by reference may be found in the Federal Acquisition Regulations (FAR), the Department of Defense Federal Acquisition Regulation Supplement (DFARS) and the NASA Federal Acquisition Regulation Supplement (NFS). Copies of these regulations can be found at the following link: FAR Citation Title Definitions Security Requirements (applies when access of classified information is required) Defense Priority and Allocation Requirements Facilities Capital Cost of Money Waiver of Facilities Capital cost of Money (when cost of money is not proposed) Nondisplacement of Qualified Workers Prohibition of Segregated Facilities Previous Contracts & Compliance Reports Notification of Employee Rights Under the National Labor Relations Act Combating Trafficking in Persons Employment Eligibility Verification Minimum Wages Under Executive Order Clean Air and Water Notice of Radioactive Materials (applicable if radioactive materials are involved) Encouraging Contractor Policies to Ban Text Messaging While Driving Privacy Act (applicable if vendor is supplying design, development, or operation of a system of records on individuals) Buy American Supplies Buy American Act Free Trade Agreements Israeli Trade Act Restrictions on Certain Foreign Purchases Place of Manufacture

2 Prohibition on Contracting with Entities Engaged in Certain Activities or Transactions Relating to Iran Representation and Certifications Utilization of Indian Organizations and Indian Owned Economic Enterprises Filing of Patent Applications Classified Subject Matter Patent Rights Ownership by the Contractor (short form) Patent Rights Ownership by the Government (if criteria found in (e)(1) apply) Rights in Data General Discount for Prompt Payment Prompt Payment Providing Accelerated Payments to Small Business Subcontractors Protest After Award Notice of Intent to Disallow Costs Changes Fixed Price Changes Cost Reimbursement Subcontracts for Commercial Items Government Property Preference for U.S. Flag Air Carriers Preference for Privately Owned U.S. Flag Commercial Vessels Termination for Convenience of the Government (Fixed Price)(Short Form) (Acquisitions between $3,500 and the simplified acquisition threshold) Termination for Convenience of the Government (Fixed Price)(Acquisitions in excess of the simplified acquisition threshold) Termination for Convenience of the Government (Fixed Price)(Acquisitions for Dismantling and Demolition) Termination for Convenience of the Government (Fixed Price)(Service Contract) Termination for Convenience of the Government (Fixed Price)(Architect Engineer Services) Default (Fixed Price Supply and Service) Government Supply Sources Computer Generated Forms Applicable when price is greater than $2,500: Service Contract Labor Standards Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Requirements Exemption from Application of the Service Contract Labor Standards for Contracts for Certain Services Requirements Applicable when price is greater than $3,500: Child Labor Cooperation with Authorities and Remedies Assignment of Claims

3 Applicable when price is greater than $10, Equal Opportunity Prohibition of Segregated Facilities Applicable when price is greater than $15,000: Walsh Healy Public Contracts Act Affirmative Action for Workers with Disabilities Applicable when price is greater than $35,000: By submitting a signed proposal or quotation in response to UCF s solicitation, the supplier is providing a negative assurance in accordance with FAR Certification Regarding Debarment, Suspension, Proposed Debarment, and Other Responsibility Matters. Certification in paragraph (a) of this clause is material representation of fact upon which reliance is placed when making any resulting award Protecting the Government s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment Applicable when price is greater than $150,000: By submitting a signed proposal or quotation in response to GIT s solicitation, the supplier is providing positive assurance to the best of his or her knowledge and belief that on or after December 23, 1989: (1) No federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the awarding of any Federal contract, the making of any Federal grant, loan, or cooperative agreement; (2) If any funds other than Federal appropriated funds (including profit or fee received under a covered federal transaction) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the awarding of any resulting purchase order; and (3) He or she will include the language in this assurance in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of $150,000 shall certify and provide disclosure accordingly. Assurance and disclosure by submission of your signed proposal is a prerequisite for making or entering into any resulting purchase order imposed by section 1352, title 31, United States Code. Any person who makes expenditure prohibited under this provision or who fails to file or amend the disclosure form to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000 and not more than $100,000, for each such failure Gratuities Covenant Against Contingent Fees Restrictions on Sub Contractor Sales to the Government Anti Kickback Procedures Price or Fee Adjustment for Illegal or Improper Activity Limitation on Payments to Influence Certain Federal Transactions Preventing Personal Conflicts of Interest

4 Contractor Employee Whistleblower Rights and Requirements to Inform Employees of Whistleblower Rights Audit and Records Negotiation (Alt II) Integrity of Unit Prices Utilization of Small Business Concerns Contract Work Hours and Safety Standards Act Overtime Compensation Equal Opportunity for Veterans Employment Reports on Veterans Employment Eligibility Verification Drug Free Workplace Authorization and Consent Notice and Assistance Regarding Patent and Copyright Infringement Bankruptcy Competition in Subcontracting Inspection of Supplies Fixed Price Inspection of Services Fixed Price Limitation of Liability High Value Items Value Engineering Applicable when price is greater than $500,000: Liquidated Damages Subcontracting Plan Combating Trafficking in Persons Utilization of Indian Organizations and Indian Owned Economic Enterprises Cost Accounting Standards Disclosure and Consistency of Cost Accounting Practices Cost Accounting Standards Educational Institutions Administration of Cost Accounting Standards Subcontracts Fixed Price Contracts Applicable when price is greater than $550,000: Subcontractor Cost or Pricing Data Reversion or Adjustment of Plans for Postretirement Benefits other than Pensions (PRB) Applicable when price is greater than $750,000: Audit and Records Sealed Bidding Price Reduction for Defective Cost or Pricing Data Pension Adjustments and Asset Reversions Notification of Ownership Changes Small Business and Small Disadvantaged Business Subcontracting Plans Liquidated Damages Subcontracting Plan Disclosure and Consistency of Cost Accounting Practices Administration of Cost Accounting Standards

5 Applicable when price is greater than $1,000,000: Equal Opportunity Preaward Clearance Notification of Changes (Note: Paragraph (b) 30 days; Paragraph (d) 60 days) Applicable when price is greater than $5,000,000: Contractor Code of Business Ethics and Conduct Personal Identity Verification of Contractor Personnel Required Sources for Helium and Helium Usage Date Applicable when the prime agreement is from the U.S. Department of Defense (DoD): Statutory Prohibitions on Compensation to Former Department of Defense Employees Prohibition on Persons Convicted on Fraud or Other Defense Contract Related Felonies Display of DoD Hotline Poster Disclosure of Information Safeguarding Covered Defense Information and Cyber Incident Reporting Provision of Information to Cooperative Agreement Holders Pricing Adjustment Small Business and Small Disadvantaged Business Subcontracting Plan (DoD Contracts) Incentive for Subcontracting with Small Businesses, Small Disadvantaged Businesses, Historically Black Colleges and Universities, and Minority Institutions Buy American Act and Balance of Payments Program Qualifying Country Sources as Subcontractors Trade Agreements Act Duty Free Entry Qualifying Country End Products and Supplies Restriction on Acquisition of Ball and Roller Bearings Utilization of Indian Organization, Indian Owned Economic Enterprises, and Native Hawaiian Small Business Concerns Rights in Technical Data and Computer Software Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation Rights in Noncommercial Technical Data and Computer Software Small Business Innovation Research (SBIR) Program Deferred Delivery of Technical Data or Computer Software Deferred Ordering of Technical Data or Computer Software Technical Data Withholding of Payment Validation of Restrictive Markings on Technical Data Patent Rights Ownership Patents Reporting of Subject Inventions Export Controlled Items

6 Supplemental Cost Principles Certification of Claims and Requests for Adjustment or Relief Material Management and Accounting System Subcontracts for Commercial Items Material Inspection and Receiving Report (Note: Not required for subcontracts for which the deliverable is a scientific or technical report) Counterfeit Electronic Part Detection and Avoidance System Transportation of Supplies by Sea Notification of Transportation of Supplies by Sea Notification of Substantial Impact on Employment Ordering from Government Supply Sources Applicable when the prime agreement is from the U.S. Department of Defense (DoD): Security Requirements for Unclassified Information Technology Resources Restrictions on Printing and Duplicating Individual Subcontracting Reporting Drug and Alcohol Free Workforce Export Licenses Patent Rights Ownership by the Contractor New Technology Other than a Small Business Firm or Non Profit Organization Designation of New Technology Representative and Patent Representative Invention Reporting and Rights Foreign Aircraft Ground and Flight Risk Cross Waiver of Liability for Science Exploration Activities Unrelated to International Space Station Determination of Compensation Reasonableness Pension Portability NASA Contractor Financial Management Reporting Geographic Participation in the Aerospace Program Protection of Florida Manatee