Federal Contract Terms and Conditions

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The FAR and DFAR clauses cited below, where applicable by their terms, are incorporated herein by reference as if set forth in full text. The full text of all clauses incorporated by reference is available at http://www.acquisition.gov/. The effective version of each FAR or DFAR clause shall be the same version as that which appears in the University of Michigan’s prime contract, or higher-tier subcontract under which this Agreement is a subcontract. Copies are available upon request.

When the services, materials or products furnished are for use in connection with or support of a U.S. Government contract or subcontract, in addition to the University of Michigan’s General Terms and Conditions, the following provisions shall apply, as required by the terms of the prime contract, or by operation of law or regulation. Otherwise, the University’s General Terms and Conditions shall govern in the event of a conflict between these FAR and DFARS provisions and the University of Michigan’s General Provisions.

The following clauses set forth in the FAR and DFARS in effect as of the date of the prime contract are incorporated herein by reference with the same force and effect as if they were in full text. In all clauses listed herein, the terms "Buyer", “Government”, “Contracting Officer” and “Contractor” shall be revised to suitably identify the University of Michigan herein and affect the proper intent of the provision except where further clarified or modified below. “Subcontractor,” however, shall mean “Supplier” under this purchase order.

Clauses in this document may not be applicable to specific orders due to the type of subcontract/purchase order to be issued, dollar thresholds under requirements of the FAR, DFARS or Public Law or Mandatory Flow Down requirements of a particular prime contract. Clauses that are not applicable are deemed self-deleting, shall not be removed from this document, and will be considered by all parties to be without force and effect. It is the Supplier’s obligation to contact the University of Michigan regarding any confusion, ambiguity, or questions the Supplier may have regarding applicability of the following clauses in the chart below.

Description

Federal Contracts - Procurement Services FAR/DFAR Clauses

Applicable to All Orders

The following FAR clauses apply to all contracts, purchase orders, delivery orders, or any agreement between the University of Michigan and the Supplier where the end customer is the United States Government:

No. Title of Provision FAR Clause
1 Definitions 52.202-01
2 Security Requirements 52.204-02
3 Prohibition on Contracting for Hardware, Software and Services Developed or Provided by Kaspersky Lab and Other Covered Entities 52.204-23
4 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment 52.204-25
5 Federal Acquisition Supply Chain Security Act Orders 52.204-30
6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment 52.209-06
7 Convict Labor 52.222-03
8 Child Labor – Cooperation with Authorities and Remedies 52.222-19
9 Service Contract Act of 1965, as Amended 52.222-41
10 Combating Trafficking in Persons 52.222-50
11 Employment Eligibility Verification 52.222-54
12 Notice of Radioactive Materials 52.223-07
13 Ozone Depleting Substances 52.223-11
14 Contractor Policy to Ban Text Messaging While Driving 52.223-18
15 Privacy Act 52.224-02
16 Buy American Act – Supplies 52.225-01
17 Buy American Act Certificate 52.225-02
18 Trade Agreement 52.225-05
19 Trade Agreements – Certificate 52.225-06
20 Duty-Free Entry 52.225-08
21 Restrictions on Certain Foreign Purchases 52.225-13
22 Authorization and Consent – Alternate l 52.227-01
23 Additional Data Requirements 52.227-16
24 Refund of Royalties 52.227-09
25 Filing of Patent Applications – Classified Subject Matter 52.227-10
26 Patent Rights – Ownership by the Contractor 52.227-11
27 Patent Rights-Ownership by the Government 52.227-13
28 Rights in Data – General 52.227-14
29 Commercial Computer Software License 52.227-19
30 Workers Compensation Insurance (Defense Base Act) 52.228-03
31 Workers Compensation and War-Hazard Insurance Overseas 52.228-04
32 Insurance – Work on a Government Installation 52.228-05
33 Limitation on the Withholding of Payments 52.232-09
34 Progress Payments 52.232-16
35 Applicable Law for Breach of Contract Claim 52.233-04
36 Industrial Resources Developed Under Defense Production Act Title III 52.234-01
37 Accident Prevention 52.236-13
38 Competition in Subcontracting 52.244-05
39 Subcontracts for Commercial Items 52.244-06
40 Government Property 52.245-01
41 Government Property Installation Operation Services 52.245-02
42 Use and Charges 52.245-09
43 Preference for U.S. – Flag Air Carriers 52.247-63
44 Preference for Privately Owned U.S. – Flag Commercial Vessels 52.247-64
45 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (if the subcontract will be funded in whole or in part under the Recovery Act 52.203-15
46 Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment 52.222-51
47 Exemption from Application of the Service Contract Act to Contracts for Certain Services - Requirements 52.222-53
48 Rights in Data - Special Works 52.227-17
49 Rights in Data - Existing Works 52.227-18
50 Disclosure and Consistency of Cost Accounting Practices 52.230-03
51 Computer Generated Form 52.253-01

 

The following FAR clauses apply to all contracts, purchase orders, delivery orders, or any agreement valued over $10,000.00 between the University of Michigan and the Supplier where the end customer is the United States Government:

No. Title of Provision FAR Clause
1 Reporting Executive Compensation and First-Tier Subcontract Awards (Over $30,000) 52.204-10
2 Prohibition of Segregated Facilities 52.222-21
3 Equal Opportunity 52.222-26
4 Notification of Employee Rights Under the National Labor Relations Act 52.222-40

 

Applicable to All Orders Over the Simplified Acquisition Threshold (SAT)

The following FAR clauses apply to all contracts, purchase orders, delivery orders, or agreement valued over the SAT between the University of Michigan and the Supplier where the end customer is the United States Government:

No. Title of Provision FAR Clause
1 Gratuities 52.203-03
2 Covenants Against Contingent Fees 52.203-05
3 Restrictions on Subcontractor Sales to the Government 52.203-06
4 Anti-Kickback Procedures 52.203-07
5 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity 52.203-08
6 Price or Fee Adjustment for Illegal or Improper Activities 52.203-10
7 Limitation on Payments to Influence Certain Federal Transactions 52.203-12
8 Contractor Employee Whistleblower Rights and Requirements to Inform Employees of Whistleblower Rights 52.203-17
9 Printed or Copied Double-Sided on Recycled Paper (Over the Simplified Acquisition Threshold) 52.204-04
10 Audit and Records – Negotiation 52.215-02
11 Integrity of Units Prices 52.215-14
12 Utilization of Small Business Concerns 52.219-08
13 Equal Opportunity for Veterans ($100K) 52.222-35
14 Employment Reports Veterans ($100K) 52.222-37
15 Drug-Free Workplace 52.223-06
16 Notice and Assistance Regarding Patent and Copyright Infringement 52.227-02
17 Bankruptcy 52.242-13
18 Subcontracts 52.244-02
19 Inspection of Supplies, Fixed Price Contracts 52.246-02
20 Inspection of Supplies, Cost Reimbursement 52.246-03
21 Inspection of Services, Fixed Price Contracts 52.246-04
22 Inspection of Services, Cost Reimbursement 52.246-05
23 Responsibility for Supplies 52.246-16
24 Value Engineering 52.248-01

 

ORDERS OVER $650,000 ALSO INCLUDE THE FOLLOWING FAR CLAUSES:

The following FAR clauses apply to all contracts, purchase orders, delivery orders, or any agreement valued over $650,000.00 between the University of Michigan and the Supplier where the end customer is the United States Government:

No. Title of Provision FAR Clause
1 Code of Business Ethics and Conduct (over $5 million and the period of performance is Over 120 days) 52.203-13
2 Display of Hotline Poster (over $5 million) 52.203-14
3 Pension Adjustment and Asset Reversions ($700,000) 52.215-15
4 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) other than Pensions 52.215-18
5 Notification of Ownership Changes 52.215-19
6 Small Business Subcontracting Plan ($700,000) (Construction $1.5M) 52.219-09
7 Liquidated Damages – Subcontracting Plan 52.219-16
8 Cost Accounting Standards (CAS) ($750,000) 52.230-02

 

UNLESS OTHERWISE EXEMPT, THE FOLLOWING FAR CLAUSES ARE ALSO INCLUDED:

No. Title of Provision FAR Clause
1 Price Reduction for Defective Certified Cost or Pricing 52.215-10
2 Subcontractor Certified Cost or Pricing Data ($750,000) 52.215-12
3 Subcontractor Certified Cost of Pricing Data – Modifications ($750,000) 52.215-13
4 Requirements for Certified Cost or Pricing Data or Information Other Than Cost or Pricing data 52.215-20
5 Requirements for Certified Cost or Pricing Data or Information Other Than Cost or Pricing data - modifications 52.215-21
6 Limitation on Pass-Through Charges (see application and exceptions in FAR 15.408(n)(2) 52.215-23

 

APPLICABLE TO COST REIMBURSEMENT, TIME & MATERIAL OR LABOR HOUR ORDERS:

The following FAR clauses apply to all contracts, purchase orders, delivery orders, or any agreement based upon the type of the contract, cost reimbursement, time and material, or labor hours, between the University of Michigan and the Supplier where the end customer is the United States Government:

No. Title of Provision FAR Clause
1 Allowable Cost and Payment (cost reimbursement) – Supplier agrees to execute assignment documents in order to meet subsection (d)(5) 52.216-07
2 Cost Contract – No Fee – applicable if this is a cost no fee order 52.216-11
3 Cost Sharing Contract – No Fee – applicable if there is a cost sharing, no fee order 52.216-12
4 Payment for Overtime premiums – insert “0%” in paragraph (a) unless indicated otherwise on the face of this order 52.222-02
5 Limitation of Cost (if fully funded) 52.232-20
6

Inspection – Time and Material and Labor Hour – “Contracting Officer” means “University of Michigan representative” and “Government” means “University of Michigan representative and Government” (provided that an inspection system accepted by the Government will be deemed accepted by the University of Michigan), and where “Government” first appears in paragraph (k) it shall mean “Government and the University of Michigan.” The provisions in this clause for access, right to inspect, safety protection, and relief from liability apply equally to the University of Michigan and the Government.

 52.246-06
7 Excusable Delay 52.249-14

 

APPLICABLE TO CONSTRUCTION ORDERS:

The following FAR clauses apply to all contracts, purchase orders, delivery orders, or any agreement based upon the type of the contract, cost reimbursement, time and material, or labor hours, between the University of Michigan and the Supplier where the end customer is the United States Government:

No. Title of Provision FAR Clause
1 Subcontracts (Labor Standards) 52.222-11
2 Affirmative Action Compliance Requirements for Construction (over $10,000) 52.222-27
3 Notice of Requirement for Project Labor Agreement 52.222-33
4 Project Labor Agreement 52.222-34
5 Affirmative Procurement of Bio-based Products Under Service and Construction Contracts 52.223-02
6 Buy American Act – Construction Materials 52.225-09
7 Notice of Buy American Act / Balance of Payments Program Requirement – Construction Materials 52.225-10
8 Buy American Act – Construction Materials Under Trade Agreements 52.225-11
9 Required Use of American Iron, Steel, and Manufactured Goods, Buy American Act –Construction Materials 52.225-21
10 Notice of Required Use of American Iron, Steel, and Manufactured Goods – Buy American Act - Construction Materials 52.225-22
11 Required Use of American Iron, Steel, and Manufactured Goods, Buy American Act –Construction Materials Under Trade Agreements 52.225-23
12 Notice of Required Use of American Iron, Steel, and Manufactured Goods – Buy American Act – Construction Materials Under Trade Agreements 52.225-24
13 Prompt payment for construction contracts 52.232-27
14 Inspection of Construction 52.246-12
15 Value Engineering – Construction over $65K 52.248-03
16 Davis-Bacon Act 52.222-06

 

DFARS

The following DFARS clauses apply to all contracts, purchase orders, delivery orders, or any agreement between the University of Michigan and the Supplier where the end customer is any agency within the United States Department of Defense:

No. Title of Provision FAR Clause
1 Safeguarding Covered Defense Information and Cyber Incident Reporting 252.204-7012
2 Item Unique Identification and Valuation 252.211-7003
3 Duty Free Entry 252.225-7013
4 Prohibition Regarding Russian Fossil Fuel Business Operations 252.225-7967
5 Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation 252.227-7014
6 Patents - Subcontracts 252.227-7034
7 Supplemental Cost Principles 252.237-7000
8 Subcontracts for Commercial Items and Commercial Components (DoD contracts) 252.244-7000
9 Contractor Counterfeit Electronic Part Detection and Avoidance System 252.246-7007
10 Sources of Electronic Parts 252.246-7008

 

Applicable to All Orders Over the Simplified Acquisition Threshold (SAT)

The following DFARS clauses apply to all contracts, purchase orders, delivery orders, or any agreement valued over the SAT between Supplier and the Supplier where the end customer is any agency within the United States Department of Defense:

No. Title of Provision FAR Clause
1 Prohibition on persons convicted of Fraud or other Defense – Contract related felonies 252.203-7001
2 Transportation of Supplies by Sea 252.247-7023
3 Notification of Transportation of Supplies by Sea 252.247-7024
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