252.204-7000 Disclosure of Information.
252.204-7001 Commercial and Government Entity (CAGE) Code
Reporting.
252.204-7002 Payment for Subline Items Not Separately Priced.
252.204-7003 Control of Government Personnel Work Product.
252.204-7004 Alternate A,
Central Contractor Registration.
252.204-7005 Oral Attestation of
Security Responsibilities.
252.204-7006 Billing Instructions.
252.204-7007 Alternate A, Annual Representations and Certifications.
252.204-7008 Requirements for Contracts Involving Export-Controlled Items.
252.204-7009 Reserved.
252.204-7010 Requirement for Contractor to Notify DoD if
the Contractor’s Activities are Subject
to Reporting Under the
U.S.-International Atomic Energy Agency Additional Protocol.
252.204-7000 Disclosure of Information.
As prescribed in 204.404-70(a), use the following clause:
DISCLOSURE OF INFORMATION
(DEC 1991)
(a) The Contractor shall not release to anyone
outside the Contractor's organization any unclassified information, regardless
of medium (e.g., film, tape, document), pertaining to any part of this contract
or any program related to this contract, unless—
(1) The Contracting Officer has given prior
written approval; or
(2) The information is otherwise in the public
domain before the date of release.
(b) Requests for approval shall identify the
specific information to be released, the medium to be used, and the purpose for
the release. The Contractor shall submit
its request to the Contracting Officer at least 45 days before the proposed
date for release.
(c) The Contractor agrees to include a similar
requirement in each subcontract under this contract. Subcontractors shall submit requests for
authorization to release through the prime contractor to the Contracting
Officer.
(End of clause)
252.204-7001 Commercial and Government Entity (CAGE) Code
Reporting.
As prescribed in 204.7207, use the following provision:
Commercial
and Government Entity (CAGE) Code Reporting
(AUG
1999)
(a) The offeror is requested to enter its CAGE
code on its offer in the block with its name and address. The CAGE code entered must be for that name
and address. Enter “CAGE” before the
number.
(b) If the offeror does not have a CAGE code, it
may ask the Contracting Officer to request one from the Defense Logistics
Information Service (DLIS). The
Contracting Officer will—
(1) Ask the Contractor to complete section B of a
DD Form 2051, Request for Assignment of a Commercial and Government Entity
(CAGE) Code;
(2) Complete section A and forward the form to
DLIS; and
(3) Notify the Contractor of its assigned CAGE
code.
(c) Do not delay submission of the offer pending
receipt of a CAGE code.
(End of provision)
252.204-7002
Payment for Subline Items Not Separately Priced.
As prescribed in 204.7104-1(b)(3)(iv), use the following clause:
Payment for Subline
Items Not Separately Priced (DEC 1991)
(a) If the schedule in this contract contains any
contract subline items or exhibit subline items identified as not separately
priced (NSP), it means that the unit price for that subline item is included in
the unit price of another, related line or subline item.
(b) The Contractor shall not invoice the
Government for any portion of a contract line item or exhibit line item which
contains an NSP until—
(1) The Contractor has delivered the total
quantity of all related contract subline items or exhibit subline items; and
(2) The Government has accepted them.
(c) This clause does not apply to technical data.
(End of clause)
252.204-7003
Control of Government Personnel Work Product.
As prescribed in 204.404-70(b), use the following clause:
CONTROL OF GOVERNMENT
PERSONNEL WORK PRODUCT (APR 1992)
The Contractor’s procedures for protecting against unauthorized
disclosure of information shall not require Department of Defense employees or
members of the Armed Forces to relinquish control of their work products,
whether classified or not, to the Contractor.
(End of clause)
252.204-7004 Alternate A,
Central Contractor Registration.
ALTERNATE A, CENTRAL CONTRACTOR REGISTRATION (SEP 2007)
As prescribed in
204.1104, substitute the following paragraph (a) for paragraph (a) of the
clause at FAR 52.204-7:
(a) Definitions. As used in this
clause--
“Central Contractor
Registration (CCR) database” means the primary Government repository for
contractor information required for the conduct of business with the
Government.
“Commercial and
Government Entity (CAGE) code” means—
(1) A code assigned
by the Defense Logistics Information Service (DLIS) to identify a commercial or
Government entity; or
(2) A code
assigned by a member of the North Atlantic Treaty Organization that DLIS
records and maintains in the CAGE master file.
This type of code is known as an “NCAGE code.”
“Data Universal
Numbering System (DUNS) number” means the 9-digit number assigned by Dun and
Bradstreet, Inc. (D&B) to identify unique business entities.
“Data Universal
Numbering System +4 (DUNS+4) number” means the DUNS number assigned by D&B
plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this
4-character suffix.) This 4-character
suffix may be assigned at the discretion of the business concern to establish
additional CCR records for identifying alternative Electronic Funds Transfer
(EFT) accounts (see Subpart 32.11 of the Federal Acquisition Regulation) for
the same parent concern.
“Registered in the CCR
database” means that—
(1) The Contractor has
entered all mandatory information, including the DUNS number or the DUNS+4
number, into the CCR database;
(2) The Contractor’s
CAGE code is in the CCR database; and
(3) The Government has validated all mandatory
data fields, to include validation of the Taxpayer Identification Number (TIN)
with the Internal Revenue Service, and has marked the records “Active.” The Contractor will be required to provide
consent for TIN validation to the Government as part of the CCR registration
process.
252.204-7005 Oral Attestation of
Security Responsibilities.
As prescribed in
204.404-70(c), use the following clause:
ORAL ATTESTATION OF SECURITY RESPONSIBILITIES (NOV 2001)
(a) Contractor employees
cleared for access to Top Secret (TS), Special Access Program (SAP), or Sensitive
Compartmented Information (SCI) shall attest orally that they will conform to
the conditions and responsibilities imposed by law or regulation on those
granted access. Reading aloud the first
paragraph of Standard Form 312, Classified Information Nondisclosure Agreement,
in the presence of a person designated by the Contractor for this purpose, and
a witness, will satisfy this requirement.
Contractor employees currently cleared for access to TS, SAP, or SCI may
attest orally to their security responsibilities when being briefed into a new
program or during their annual refresher briefing. There is no requirement to retain a separate
record of the oral attestation.
(b) If an employee
refuses to attest orally to security responsibilities, the Contractor shall
deny the employee access to classified information and shall submit a report to
the Contractor’s security activity.
(End of clause)
252.204-7006 Billing Instructions.
As prescribed in 204.7109, use the
following clause:
BILLING
INSTRUCTIONS (OCT 2005)
When
submitting a request for payment, the Contractor shall—
(a) Identify the contract line item(s) on the
payment request that reasonably reflect contract work performance; and
(b) Separately identify a payment amount for each
contract line item included in the payment request.
(End of
clause)
252.204-7007 Alternate A, Annual Representations and
Certifications.
ALTERNATE
A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS
(MAY 2010)
As prescribed in 204.1202, substitute the following paragraph (d) for paragraph (d) of the provision at FAR 52.204-8:
(d) The offeror has completed the annual
representations and certifications electronically via the Online
Representations and Certifications Application (ORCA) website at https://orca.bpn.gov/. After reviewing the ORCA database
information, the offeror verifies by submission of the offer that the
representations and certifications currently posted electronically have been
entered or updated within the last 12 months, are current, accurate, complete,
and applicable to this solicitation (including the business size standard
applicable to the NAICS code referenced for this solicitation), as of the date
of this offer, and are incorporated in this offer by reference (see FAR
4.1201); except for the changes identified below [offeror to insert changes,
identifying change by clause number, title, date]. These amended representation(s) and/or
certification(s) are also incorporated in this offer and are current, accurate,
and complete as of the date of this offer.
|
FAR/DFARS
Clause # |
Title |
Date |
Change |
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Any changes provided by the offeror are
applicable to this solicitation only, and do not result in an update to the
representations and certifications posted on ORCA.
252.204-7008
Requirements for Contracts Involving Export-Controlled Items.
As
prescribed in 204.7304(a), use the following clause:
REQUIREMENTS FOR CONTRACTS
INVOLVING EXPORT-CONTROLLED ITEMS (APR 2010)
(a) Definition. “Export-controlled
items,” as used in this clause, means items subject to the Export
Administration Regulations (EAR) (15 CFR Parts 730-774) or the International
Traffic in Arms Regulations (ITAR)(22 CFR Parts 120-130). The term includes:
(2) “Items,” defined in the EAR as “commodities",
"software", and "technology",” terms that are also defined in the EAR, 15 CFR
772.1.
(b) The Contractor shall comply with all applicable laws and regulations
regarding export-controlled items, including, but not limited to, the requirement for
contractors to register with the Department of State in accordance with the ITAR. The Contractor shall consult with the Department of State regarding any questions
relating to compliance with the ITAR and shall consult with the Department of Commerce regarding any questions relating to compliance with the EAR.
(c) The Contractor's
responsibility to comply with all applicable laws and regulations regarding
export-controlled items exists independent of, and is not established or limited
by, the information provided by this clause.
(d) Nothing in the terms of this contract adds, changes, supersedes, or waives any of the requirements of applicable Federal laws, Executive orders, and regulations,
including but not limited to—
(1) The Export Administration Act of 1979, as
amended (50 U.S.C. App. 2401, et seq.);
(2) The Arms Export Control Act of 1976 (22
U.S.C. 2751, et seq.);et seq.);
(3) The International Emergency Economic Powers Act (50 U.S.C. 1701, et seq.);
(4) The Export Administration Regulations (15 CFR
Parts 730-774);
(5) The International Traffic in Arms Regulations (22 CFR Parts 120-130);
and
(6) Executive Order 13222, as extended;
(f) The Contractor shall include
the substance of this clause, including this paragraph (e), in all subcontracts. items.
(End of clause)
252.204-7010 Requirement for Contractor to Notify DoD if
the Contractor’s Activities are Subject to Reporting Under the
U.S.-International Atomic Energy Agency Additional Protocol.
As prescribed in 204.470-3, use the
following clause:
REQUIREMENT
FOR CONTRACTOR TO NOTIFY DOD IF THE CONTRACTOR’S ACTIVITIES ARE SUBJECT TO REPORTING
UNDER THE U.S.-INTERNATIONAL ATOMIC ENERGY AGENCY ADDITIONAL PROTOCOL (JAN
2009)
(a) If the Contractor is required
to report any of its activities in accordance with Department of Commerce
regulations (15 CFR Part 781 et seq.)
or Nuclear Regulatory Commission regulations (10 CFR Part 75) in order to
implement the declarations required by the U.S.-International Atomic Energy
Agency Additional Protocol (U.S.-IAEA AP), the Contractor shall—
(1)
Immediately provide written notification to the following DoD Program
Manager:
[Contracting Officer to insert Program Manager’s name, mailing
address, e-mail address, telephone number, and facsimile number];
(2)
Include in the notification—
(i)
Where DoD contract activities or information are located relative to the
activities or information to be declared to the Department of Commerce or the
Nuclear Regulatory Commission; and
(ii) If or when any current or former DoD contract
activities and the activities to be declared to the Department of Commerce or
the Nuclear Regulatory Commission have been or will be co-located or located
near enough to one another to result in disclosure of the DoD activities during
an IAEA inspection or visit; and
(3)
Provide a copy of the notification to the Contracting Officer.
(b) After receipt of a
notification submitted in accordance with paragraph (a) of this clause, the DoD
Program Manager will—
(1) Conduct a security assessment to determine if
and by what means access may be granted to the IAEA; or
(2) Provide written justification to the
component or agency treaty office for a national security exclusion, in
accordance with DoD Instruction 2060.03, Application of the National Security
Exclusion to the Agreements Between the United States of America and the
International Atomic Energy Agency for the Application of Safeguards in the
(c) If the DoD Program Manager
determines that a security assessment is required—
(1)
DoD will, at a minimum—
(i) Notify the Contractor that DoD officials
intend to conduct an assessment of vulnerabilities to IAEA inspections or
visits;
(ii) Notify the Contractor of the time at which
the assessment will be conducted, at least 30 days prior to the assessment;
(iii) Provide the Contractor with advance notice of
the credentials of the DoD officials who will conduct the assessment; and
(iv) To the maximum extent practicable, conduct
the assessment in a manner that does not impede or delay operations at the
Contractor’s facility; and
(2)
The Contractor shall provide access to the site and shall cooperate with
DoD officials in the assessment of vulnerabilities to IAEA inspections or
visits.
(d) Following a security
assessment of the Contractor’s facility, DoD officials will notify the
Contractor as to—
(1) Whether the Contractor’s facility has any
vulnerabilities where potentially declarable activities under the U.S.-IAEA AP
are taking place;
(2) Whether additional security measures are
needed; and
(3) Whether DoD will apply a national security
exclusion.
(e) If DoD applies a national
security exclusion, the Contractor shall not grant access to IAEA inspectors.
(f) If DoD does not apply a
national security exclusion, the Contractor shall apply managed access to
prevent disclosure of program activities, locations, or information in the
(g) The Contractor shall not
delay submission of any reports required by the Department of Commerce or the
Nuclear Regulatory Commission while awaiting a DoD response to a notification
provided in accordance with this clause.
(h) The Contractor shall
incorporate the substance of this clause, including this paragraph (h), in all
subcontracts that are subject to the provisions of the U.S.-IAEA AP.
(End of
clause)