RCUH Policies and Procedures
Federal Provisions – 1 Revised 10/24/2016 Attachment 32b FEDERAL PROVISIONS GOVERNMENT SUBCONTRACT PROVISIONS INCORPORATED IN ALL SUBCONTRACTS/PURCHASE ORDERS (UNDER FEDERAL PRIME CONTRACTS) Since this is a subcontract under a U.S. Government Prime Contract awarded to the Research Corporation of the University of Hawaii (RCUH), the Federal Acquisition Regulation (FAR), the Defense Federal Acquisition Regulations Supplement (DFARS), and other clauses and provisions listed below, if applicable, are hereby incorporated in this subcontract by reference with the same force and effect as if set forth in full text. The complete text for all clauses and provisions is available online at http://farsite.hill.af.mil/vffar1.htm and http://farsite.hill.af.mil/VFDFAR1.HTM or from the RCUH. The Contractor hereby acknowledges possession of the FAR or is otherwise familiar with all of the clauses and provisions incorporated herein by reference, and agrees to perform the applicable requirements under this subcontract. In the event of a conflict between the terms and conditions of this section and any other provisions of this subcontract, the terms and conditions of this section shall prevail. The terms “contractor/subcontractor,” “Government,” and “Contracting Officer,” as used in the clauses incorporated by this reference, shall be deemed to refer to the “Seller,” “Buyer,” and the “Research Corporation of the University of Hawaii”, respectively. THE FOLLOWING PROVISIONS APPLY: Applies to orders of any amount FAR: 52.202-1 Definitions 52.204-2 Security Requirements (applies if there is access to classified information) 52.208-8 Required Sources for Helium and Helium Usage Data 52.211-15 Defense Priority and Allocation Requirements (Applies to rated orders certified for national defense, emergency preparedness, and energy program use. In such event, Seller is required to follow all the provisions of the Defense Priorities and Allocations System regulation (15 CFR 700)) 52.215-15 Pension Adjustments and Asset Reversions 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions 52.215-19 Notification of Ownership Changes 52.215-20 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data 52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data – Modifications 52.216-7 Allowable Cost and Payment 52.216-8 Fixed Fee 52.216-11 Cost Contract–No Fee 52.222-6 Construction Wage Rate Requirements 52.222-7 Withholding of Funds 52.222-8 Payrolls and Basic Records 52.222-9 Apprentices and Trainees 52.222-10 Compliance with Copeland Act Requirements 52.222-11 Subcontracts (Labor Standards) 52.222-12 Contract Termination–Debarment 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations 52.222-14 Disputes Concerning Labor Standards 52.222-15 Certification of Eligibility 52.222-22 Previous Contracts and Compliance Reports 52.222-25 Affirmative Action Compliance 52.222-41 Service Contract Labor Standards 52.222-50 Combating Trafficking in Persons 52.222-51 Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment 52.223-7 Notice of Radioactive Materials 52.223-11 Ozone-Depleting Substances (applies if the work was manufactured with or contains ozonedepleting substances) 52.224-2 Privacy Act 52.225-1 Buy American—Supplies 52.225-2 Buy American Certificate 52.225-5 Trade Agreements 52.225-6 Trade Agreements Certificate 52.225-13 Restrictions on Certain Foreign Purchases 52.227-9 Refund of Royalties 52.227-10 Filing of Patent Applications–Classified Subject Matter 52.227-11 Patent Rights–Ownership by the Contractor 52.227-13 Patent Rights–Ownership by the Government 52.227-14 Rights in Data—General 52.227-16 Additional Data Requirements Federal Provisions – 2 Revised 10/24/2016 52.227-17 Rights in Data—Special Works 52.227-18 Rights in Data—Existing Works 52.227-19 Commercial Computer Software License (applies if existing computer software is to be delivered under the subcontract) 52.228-3 Workers’ Compensation Insurance (Defense Base Act) (if Defense Base Act applies) 52.228-4 Workers’ Compensation and War-Hazard Insurance Overseas (applies to public-work contracts performed outside the U.S., when the Secretary of Labor waives the applicability of the Defense Base Act) 52.228-5 Insurance–Work on a Government Installation 52.229-10 State of New Mexico Gross Receipts and Compensating Tax 52.232-7 Payments Under Time and Materials and Labor-Hour Contracts 52.232-16 Progress Payments 52.232-20 Limitation of Cost 52.232-27 Prompt Payment for Construction Contracts 52.232-40 Providing Accelerated Payment to Small Business Subcontractors 52.234-1 Industrial Resources Developed Under Defense Production Act Title III 52.236-13 Accident Prevention 52.237-7 Indemnification and Medical Liability Insurance 52.243-1 Changes—Fixed-Price 52.243-2 Changes—Cost-Reimbursement 52.243-3 Changes—Time-and-Materials or Labor-Hours 52.243-4 Changes 52.243-5 Changes and Changed Conditions 52.243-6 Change Order Accounting 52.243-7 Notification of Changes 52.244-6 Subcontracts for Commercial Items 52.245-1 Government Property 52.245-2 Government Property Installation Operation Services 52.246-1 Contractor Inspection Requirements 52.246-3 Inspection of Supplies – Cost-Reimbursement 52.246-5 Inspection of Services – Cost-Reimbursement 52.246-6 Inspection – Time-and-Material and Labor-Hour 52.246-7 Inspection of Research and Development – Fixed-Price 52.246-8 Inspection of Research and Development – Cost-Reimbursement 52.246-9 Inspection of Research and Development (Short Form) 52.246-13 Inspection – Dismantling, Demolition, or Removal of Improvements 52.246-16 Responsibility for Supplies 52.247-63 Preference for U.S.-Flag Air Carriers 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) 52.249-4 Termination for Convenience of the Government (Services) (Short Form) (NOT applicable to suppliers) 52.249-5 Termination for Convenience of the Government (Educational and other Nonprofit Institutions) 52.249-6 Termination (Cost-Reimbursement) 52.249-8 Default (Fixed-Price Supply and Service) (NOT applicable to suppliers) 52.249-12 Termination (Personal Services) 52.249-14 Excusable Delays DFARS: 252.204-7000 Disclosure of Information 252.208-7000 Intent to Furnish Precious Metals as Government-Furnished Material 252.217-7012 Liability and Insurance 252.222-7000 Restrictions on Employment of Personnel 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic and Hazardous Materials 252.225-7012 Preference for Certain Domestic Commodities 252.225-7013 Duty-Free Entry 252.225-7016 Restriction on Acquisition of Ball and Roller Bearings 252.225-7019 Restriction on Acquisition of Anchor and Mooring Chain 252.225-7025 Restriction on Acquisition of Forgings 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 252.227-7018 Rights in Noncommercial Technical Data and Computer Software–Small Business Innovation Research (SBIR) Program 252.227-7019 Validation of Asserted Restrictions–Computer Software 252.227-7033 Rights in Shop Drawings 252.227-7037 Validation of Restrictive Markings on Technical Data 252.227.7039 Patents-Reporting of Subject Inventions 252.235-7000 Indemnification under 10 U.S.C. 2354–Fixed Price 252.235-7001 Indemnification under 10 U.S.C. 2354–Cost Reimbursement Federal Provisions – 3 Revised 10/24/2016 252.235-7002 Animal Welfare 252.235-7003 Frequency Authorization 252.239-7016 Telecommunications Security Equipment, Devices, Techniques and Services 252.244-7000 Subcontracts for Commercial Items 252.247-7023 Transportation of Supplies by Sea 252.247-7024 Notification of Transportation of Supplies by Sea Applies if order is over $3,500 FAR: 52.222-54 Employment Eligibility Verification (applicable to contract containing the FAR E-Verify clause) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving Applies if order is over $10,000 FAR: 52.222-21 Prohibition of Segregated Facilities 52.222-26 Equal Opportunity 52.222-27 Affirmative Action Compliance Requirements for Construction 52.222-40 Notification of Employee Rights Under the National Labor Relations Act Applies if order is over $15,000 FAR: 52.222-36 Equal Opportunity for Workers with Disabilities 52.225-8 Duty-Free Entry Applies if order is over $30,000 FAR: 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards Applies if order is over $35,000 FAR: 52.209-5 Certification Regarding Responsibility Matters 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment Applies if order is over $70,000 FAR: 52.248-3 Value Engineering—Construction Applies if order is over $150,000 FAR: 52.203-3 Gratuities 52.203-6 Restrictions on Subcontractor Sales to the Government 52.203-7 Anti-Kickback Procedures 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions 52.203-12 Limitation on Payments to Influence Certain Federal Transactions 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights 52.215-2 Audit and Records—Negotiation 52.215-14 Integrity of Unit Prices 52.219-8 Utilization of Small Business Concerns 52.222-4 Contract Work Hours and Safety Standards Act—Overtime Compensation 52.222-35 Equal Opportunity for Veterans 52.222-37 Employment Reports on Veterans 52.227-1 Authorization and Consent 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement 52.246-2 Inspection of Supplies – Fixed-Price 52.246-4 Inspection of Services – Fixed-Price Federal Provisions – 4 Revised 10/24/2016 52.246-12 Inspection of Construction 52.248-1 Value Engineering 52.249-2 Termination for Convenience of the Government (Fixed-Price) 52.249-3 Termination for Convenience of the Government (Dismantling, Demolition, or Removal of Improvements) 52.249-9 Default (Fixed-Price Research and Development) (NOT applicable to suppliers) 52.249-10 Default (Fixed-Price Construction) DFARS: 252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies 252.249-7002 Notification of Anticipated Contract Termination or Reduction Applies if order is over $700,000 FAR: 52.219-9 Small Business Subcontracting Plan DFARS: 252.225-7003 Report of Intended Performance Outside the United States and Canada—Submission with Offer 252.22-7004 Report of Intended Performance Outside the United States and Canada—Submission after Award Applies if order is over $750,000 FAR: 15.403-4 Requiring Certified Cost or Pricing Data 52.214-26 Audit and Records—Sealed Bidding 52.214-28 Subcontractor Certified Cost or Pricing Data—Modifications—Sealed Bidding 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data—Modifications 52.215-12 Subcontractor Certified Cost or Pricing Data 52.215-13 Subcontractor Certified Cost or Pricing Data—Modifications 52.230-2 Cost Accounting Standards 52.230-3 Disclosure and Consistency of Cost Accounting Practices 52.230-5 Cost Accounting Standards–Educational Institution 52.230-6 Administration of Cost Accounting Standards Applies if order is over $1,000,000 DFARS: 252.225-7033 Waiver of United Kingdom Levies Applies if order is over $1,500,000 DFARS: 252.211-7000 Acquisition Streamlining Applies if order is over $5,500,000 FAR: 52.203-13 Contractor Code of Business Ethics and Conduct COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS APPLICABLE TO SUBCONTRACTOR AGREEMENTS NOT COVERED BY THE FAR: Subcontractor shall comply with the cost principles of the OMB, in 2 CFR Part 200, Subpart E. AUDIT REPORT AND OTHER CLAUSES FOR SUBCONTRACTOR AGREEMENTS: AUDIT REPORTS Subcontractor shall comply with the requirements of 2 CFR Part 200, Compliance Supplement Appendix XI. Subcontractor further agrees to provide the awarding institution with copies of any of the independent auditors’ reports Federal Provisions – 5 Revised 10/24/2016 which present instances of non-compliance with federal laws and regulations which bear directly on the performance or administration of this Agreement. In cases of such non-compliance, Subcontractor will provide copies of responses to auditors’ reports and a plan for corrective action. All records and reports prepared in accord with the requirements of 2 CFR Part 200, Compliance Supplement Appendix XI, shall be available for inspection by representatives of the awarding institutions or the government during normal business hours. AUDIT COSTS Subcontractor agrees that it shall be solely responsible for all costs to conduct any independent audit as required by 2 CFR Part 200, Compliance Supplement Appendix XI, for assuring compliance under this subaward. DISALLOWANCES Subcontractor agrees that it shall be solely responsible for reimbursing the RCUH for all costs which may be disallowed as a result of non-compliance with any applicable laws, rules, or regulations.