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Dfars 252_232



252.232 thru 252.236

(Revised September 30, 2014)

252.232-7000 Advance Payment Pool.

As prescribed in 232.412-70(a), use the following clause:

ADVANCE PAYMENT POOL (DEC 1991)

(End of clause)

252.232-7001 Disposition of Payments.

As prescribed in 232.412-70(b), use the following clause:

DISPOSITION OF PAYMENTS (DEC 1991)

Payment will be by a dual payee Treasury check made payable to the contractor or the (insert the name of the disbursing office in the advance payment pool agreement), and will be forwarded to that disbursing office for appropriate disposition.

(End of clause)

252.232-7002 Progress Payments for Foreign Military Sales Acquisitions.

As prescribed in 232.502-4-70(a), use the following clause:

PROGRESS PAYMENTS FOR FOREIGN MILITARY SALES ACQUISITIONS (DEC 1991)

If this contract includes foreign military sales (FMS) requirements, the Contractor shall—

(End of clause)

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports.

As prescribed in 232.7004(a), use the following clause:

ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (JUN 2012)

(End of clause)

252.232-7004 DoD Progress Payment Rates.

As prescribed in 232.502-4-70(b), use the following clause:

DOD PROGRESS PAYMENT RATES (OCT 2001)

(End of clause)

252.232-7005 Reimbursement of Subcontractor Advance Payments--DoD Pilot Mentor-Protege Program.

As prescribed in 232.412-70(c), use the following clause:

REIMBURSEMENT OF SUBCONTRACTOR ADVANCE PAYMENTS--DOD PILOT MENTOR-PROTEGE PROGRAM (SEP 2001)

(End of clause)

252.232-7006 Wide Area WorkFlow Payment Instructions.

See DoD Class Deviation 2013-O0005, Wide Area WorkFlow Payment Instructions, issued on January 22, 2013. This deviation authorizes contractors performing work under contracts administered by ONR Regional Offices to use PayWeb, while it is being phased out, as an alternate method of sending submissions to Wide Area Workflow in addition to the more commonly used methods listed in DFARS 252.232-7006. This deviation remains in effect until September 30, 2014.

As prescribed in 232.7004(b), use the following clause:

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

___________________________________________________________

(Contracting Officer: Insert applicable document type(s).

Note: If a “Combo” document type is identified but not supportable by the Contractor’s business systems, an “Invoice” (stand-alone) and “Receiving Report” (stand-alone) document type may be used instead.)

____________________________________________________________

(Contracting Officer: Insert inspection and acceptance locations or “Not applicable.”)

Routing Data Table*

Field Name in WAWF

Data to be entered in WAWF

Pay Official DoDAAC

 

Issue By DoDAAC

 

Admin DoDAAC

 

Inspect By DoDAAC

 

Ship To Code

 

Ship From Code

 

Mark For Code

 

Service Approver (DoDAAC)

 

Service Acceptor (DoDAAC)

 

Accept at Other DoDAAC

 

LPO DoDAAC

 

DCAA Auditor DoDAAC

 

Other DoDAAC(s)

 

(*Contracting Officer: Insert applicable DoDAAC information or “See schedule”

if multiple ship to/acceptance locations apply, or “Not applicable.”)

________________________________________________________________

________________________________________________________________

(Contracting Officer: Insert applicable email addresses or “Not applicable.”)

_________________________________________________________________

(Contracting Officer: Insert applicable information or “Not applicable.”)

(End of clause)

252.232-7007 Limitation of Government’s Obligation.

As prescribed in 232.705-70, use the following clause:

LIMITATION OF GOVERNMENT’S OBLIGATION (APR 2014)

(End of clause)

252.232-7008 Assignment of Claims (Overseas).

As prescribed in 232.806(a)(1), use the following clause:

ASSIGNMENT OF CLAIMS (OVERSEAS) (JUN 1997)

(End of clause)

252.232-7009 Mandatory Payment by Governmentwide Commercial Purchase Card.

As prescribed in 232.1110, use the following clause:

MANDATORY PAYMENT BY GOVERNMENTWIDE COMMERCIAL PURCHASE CARD (DEC 2006)

The Contractor agrees to accept the Governmentwide commercial purchase card as the method of payment for orders or calls valued at or below the micro-purchase threshold in Part 2 of the Federal Acquisition Regulation, under this contract or agreement.

(End of clause)

252.232-7010 Levies on Contract Payments.

As prescribed in 232.7102, use the following clause:

LEVIES ON CONTRACT PAYMENTS (DEC 2006)

(End of clause)

252.232-7011 Payments in Support of Emergencies and Contingency Operations.

As prescribed in 232.908, use the following clause:

PAYMENTS IN SUPPORT OF EMERGENCIES AND CONTINGENCY

OPERATIONS (MAY 2013)

(End of clause)

252.232-7012 Performance-Based Payments–Whole-Contract Basis.

As prescribed in 232.1005-70(a), use the following clause:

PERFORMANCE-BASED PAYMENTS-WHOLE-CONTRACT BASIS (MAR 2014)

Current performance-based payment(s) event(s) addressed by this request:

Contractor shall identify—

Amount

Totals

(1a) Negotiated value of all previously completed performance-based payment(s) event(s);

   

(1b) Negotiated value of the current performance-based payment(s) event(s);

   

(1c) Cumulative negotiated value of performance-based payment(s) events completed to date (1a) + (1b);

   

(2) Total costs incurred to date;

   

(3) Enter the amount from (1c) or (2), whichever is less;

   

(4) Cumulative amount of payments previously requested; and

   

(5) Payment amount requested for the current performance-based payment(s) event(s) (3) - (4).

   

(End of clause)

252.232-7013 Performance-Based Payments—Deliverable-Item Basis.

As prescribed in 232.1005-70(b), use the following clause:

PERFORMANCE-BASED PAYMENTS-DELIVERABLE-ITEM BASIS (APR 2014)

Current performance-based payment(s) event(s) addressed by this request:

Contractor shall identify—

Amount

Totals

(1a) Negotiated value of all previously completed performance-based payment(s) event(s);

   

(1b) Negotiated value of the current performance-based payment(s) event(s);

   

(1c) Cumulative negotiated value of performance-based payment(s) event(s) completed to date (1a) + (1b);

   

(2) Total costs incurred to date;

   

(3) Enter the amount from (1c) or (2), whichever is less;

   

(4) Cumulative amount of payments previously requested; and

   

(5) Payment amount requested for the current performance-based payment(s) event(s) (3) - (4).

   

(End of clause)

252.232-7014 Notification of Payment in Local Currency (Afghanistan).

As prescribed in 232.7202, use the following provision:

NOTIFICATION OF PAYMENT IN LOCAL CURRENCY

(AFGHANISTAN) (SEP 2014)

(End of provision)

252.233-7000 Reserved.

252.233-7001 Choice of Law (Overseas).

As prescribed in 233.215-70, use the following clause:

CHOICE OF LAW (OVERSEAS) (JUN 1997)

This contract shall be construed and interpreted in accordance with the substantive laws of the United States of America. By the execution of this contract, the Contractor expressly agrees to waive any rights to invoke the jurisdiction of local national courts where this contract is performed and agrees to accept the exclusive jurisdiction of the United States Armed Services Board of Contract Appeals and the United States Court of Federal Claims for the hearing and determination of any and all disputes that may arise under the Disputes clause of this contract.

(End of clause)

(Revised May 18, 2011)

252.234-7001 Notice of Earned Value Management System.

As prescribed in 234.203(1), use the following provision:

NOTICE OF EARNED VALUE MANAGEMENT SYSTEM (APR 2008)

(End of provision)

252.234-7002 Earned Value Management System.

As prescribed in 234.203(2), use the following clause:

EARNED VALUE MANAGEMENT SYSTEM (MAY 2011)

“Acceptable earned value management system” means an earned value management system that generally complies with system criteria in paragraph (b) of this clause.

“Earned value management system” means an earned value management system that complies with the earned value management system guidelines in the ANSI/EIA-748.

“Significant deficiency” means a shortcoming in the system that materially affects the ability of officials of the Department of Defense to rely upon information produced by the system that is needed for management purposes.

During such reviews, the Government and the Contractor will jointly assess the Contractor’s baseline to be used for performance measurement to ensure complete coverage of the statement of work, logical scheduling of the work activities, adequate resourcing, and identification of inherent risks.

 
 
 
 

 
 
 
 

(End of clause)

252.234-7003 Notice of Cost and Software Data Reporting System

As prescribed in 234.7101(a)(1), use the following provision:

NOTICE OF COST AND SOFTWARE DATA REPORTING SYSTEM

(NOV 2010)

(End of provision)

Alternate I (NOV 2010). As prescribed in 234.7101(a)(2), substitute the following paragraph (c) for paragraph (c) of the basic provision:

252.234-7004 Cost and Software Data Reporting System

As prescribed in 234.7101(b)(1), use the following clause

COST AND SOFTWARE DATA REPORTING SYSTEM (NOV 2010)

(End of clause)

Alternate I (NOV 2010). As prescribed in 234.7101(b)(2), substitute the following paragraph (b) for paragraph (b) of the basic clause:

(Revised March 28, 2014)

252.235-7000 Indemnification Under 10 U.S.C. 2354--Fixed Price.

As prescribed in 235.070-3, use the following clause:

INDEMNIFICATION UNDER 10 U.S.C. 2354--FIXED PRICE (DEC 1991)

(End of clause)

252.235-7001 Indemnification Under 10 U.S.C. 2354--Cost Reimbursement.

As prescribed in 235.070-3, use the following clause:

INDEMNIFICATION UNDER 10 U.S.C. 2354--COST REIMBURSEMENT
(DEC 1991)

(End of clause)

252.235-7002 Animal Welfare.

As prescribed in 235.072(a), use the following clause:

ANIMAL WELFARE (DEC 2011)

(End of clause)

252.235-7003 Frequency Authorization.

As prescribed in 235.072(b), use one of the following clauses:

FREQUENCY AUTHORIZATION—BASIC (MAR 2014)

(End of clause)

FREQUENCY AUTHORIZATION—ALTERNATE I (MAR 2014)

(End of clause)

252.235-7004 Protection of Human Subjects.

As prescribed in 235.072(e), use the following clause:

PROTECTION OF HUMAN SUBJECTS (JUL 2009)

(a) Definitions. As used in this clause—

(1) “Assurance of compliance” means a written assurance that an institution will comply with requirements of 32 CFR Part 219, as well as the terms of the assurance, which the Human Research Protection Official determines to be appropriate for the research supported by the Department of Defense (DoD) component (32 CFR 219.103).

(4) “Institution” means any public or private entity or agency (32 CFR 219.102(b)).

(5) “Institutional Review Board (IRB)” means a board established for the purposes expressed in 32 CFR Part 219 (32 CFR 219.102(g)).

(6) “IRB approval” means the determination of the IRB that the research has been reviewed and may be conducted at an institution within the constraints set forth by the IRB and by other institutional and Federal requirements (32 CFR 219.102(h)).

(b) The Contractor shall oversee the execution of the research to ensure compliance with this clause. The Contractor shall comply fully with 32 CFR Part 219 and DoD Directive 3216.02, applicable DoD component policies, 10 U.S.C. 980, and, when applicable, Food and Drug Administration policies and regulations.

(c) The Contractor shall not commence performance of research involving human subjects that is covered under 32 CFR Part 219 or that meets exemption criteria under 32 CFR 219.101(b), or expend funding on such effort, until and unless the conditions of either the following paragraph (c)(1) or (c)(2) have been met:

(2) The Contractor furnishes to the HRPO, with a copy to the Contracting Officer, a determination that the human research proposed meets exemption criteria in 32 CFR 219.101(b) and receives written notification from the Contracting Officer that the exemption is determined acceptable. The determination shall include citation of the exemption category under 32 CFR 219.101(b) and a rationale statement. In the event of a disagreement regarding the Contractor’s furnished exemption determination, the HRPO retains final judgment on what research activities or classes of research are covered or are exempt under the contract.

(d) DoD staff, consultants, and advisory groups may independently review and inspect the Contractor’s research and research procedures involving human subjects and, based on such findings, DoD may prohibit research that presents unacceptable hazards or otherwise fails to comply with DoD procedures.

(e) Failure of the Contractor to comply with the requirements of this clause will result in the issuance of a stop-work order under Federal Acquisition Regulation clause 52.242-15 to immediately suspend, in whole or in part, work and further payment under this contract, or will result in other issuance of suspension of work and further payment for as long as determined necessary at the discretion of the Contracting Officer.

(f) The Contractor shall include the substance of this clause, including this paragraph (f), in all subcontracts that may include research involving human subjects in accordance with 32 CFR Part 219, DoD Directive 3216.02, and 10 U.S.C. 980, including research that meets exemption criteria under 32 CFR 219.101(b). This clause does not apply to subcontracts that involve only the use of cadaver materials.

(End of clause)

252.235-7005 Reserved.

252.235-7006 Reserved.

252.235-7007 Reserved.

252.235-7008 Reserved.

252.235-7009 Reserved.

252.235-7010 Acknowledgment of Support and Disclaimer.

As prescribed in 235.072(c), use the following clause:

ACKNOWLEDGMENT OF SUPPORT AND DISCLAIMER (MAY 1995)

(End of clause)

252.235-7011 Final Scientific or Technical Report.

As prescribed in 235.072(d), use the following clause:

FINAL SCIENTIFIC OR TECHNICAL REPORT (NOV 2004)

The Contractor shall—

(End of clause)

(Revised June 25, 2013)

252.236-7000 Modification Proposals--Price Breakdown.

As prescribed in 236.570(a), use the following clause:

MODIFICATION PROPOSALS--PRICE BREAKDOWN (DEC 1991)

(End of clause)

252.236-7001 Contract Drawings and Specifications.

As prescribed in 236.570(a), use the following clause:

CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

Title

File

 

Drawing No.

(End of clause)

252.236-7002 Obstruction of Navigable Waterways.

As prescribed in 236.570(b)(1), use the following clause:

OBSTRUCTION OF NAVIGABLE WATERWAYS (DEC 1991)

(End of clause)

252.236-7003 Payment for Mobilization and Preparatory Work.

As prescribed in 236.570(b)(2), use the following clause:

PAYMENT FOR MOBILIZATION AND PREPARATORY WORK (JAN 1997)

(End of clause)

252.236-7004 Payment for Mobilization and Demobilization.

As prescribed in 236.570(b)(2), use the following clause:

PAYMENT FOR MOBILIZATION AND DEMOBILIZATION (DEC 1991)

(End of clause)

252.236-7005 Airfield Safety Precautions.

As prescribed in 236.570(b)(3), use the following clause. At some airfields, the width of the primary surface is 1,500 feet (750 feet on each side of the runway centerline). In such instances, substitute the proper width in the clause.

AIRFIELD SAFETY PRECAUTIONS (DEC 1991)

7 feet horizontally). It continues to the point of intersection with the—

150 feet above the established airfield elevation); or

500 feet above the established airfield elevation), whichever is applicable.

(End of clause)

252.236-7006 Cost Limitation.

As prescribed in 236.570(b)(4), use the following provision:

COST LIMITATION (JAN 1997)

(End of provision)

252.236-7007 Additive or Deductive Items.

As prescribed in 236.570(b)(5), use the following provision:

ADDITIVE OR DEDUCTIVE ITEMS (DEC 1991)

(End of provision)

252.236-7008 Contract Prices--Bidding Schedules.

As prescribed in 236.570(b)(6), use the following provision:

CONTRACT PRICES--BIDDING SCHEDULES (DEC 1991)

(End of provision)

252.236-7009 Option for Supervision and Inspection Services.

As prescribed in 236.609-70, use the following clause:

OPTION FOR SUPERVISION AND INSPECTION SERVICES (DEC 1991)

(End of clause)

252.236-7010 Overseas Military Construction--Preference for United States Firms.

As prescribed in 236.570(c)(1), use the following provision:

OVERSEAS MILITARY CONSTRUCTION--PREFERENCE FOR

UNITED STATES FIRMS (JAN 1997)

(End of provision)

252.236-7011 Overseas Architect-Engineer Services--Restriction to United States Firms.

As prescribed in 236.609-70(b), use the following provision:

OVERSEAS ARCHITECT-ENGINEER SERVICES--RESTRICTION TO

UNITED STATES FIRMS (JAN 1997)

(End of provision)

252.236-7012 Military Construction on Kwajalein Atoll--Evaluation Preference.

As prescribed in 236.570(c)(2), use the following provision:

MILITARY CONSTRUCTION ON KWAJALEIN ATOLL--EVALUATION PREFERENCE (MAR 1998)

(End of provision)

252.236-7013 Requirement for Competition Opportunity for American Steel Producers, Fabricators, and Manufacturers.

As prescribed in 236.570(d), use the following clause:

REQUIREMENT FOR COMPETITION OPPORTUNITY FOR AMERICAN STEEL

PRODUCERS, FABRICATORS, AND MANUFACTURERS (JUN 2013)

material, including subcontracts for the acquisition of commercial items.

(End of clause)

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