52.233-3 Protest after award.

52.234-52.235 [Reserved]

52.236-1 Performance of Work by the Contractor.

52.236-2 Differing Site Conditions. 52.236-3 Site Investigation and Conditions Affecting the Work.

52.236-4 Physical Data.

52.236-5 Material and Workmanship. 52.236-6 Superintendence by the Contractor.

52.236-7 Permits and Responsibilities. 52.236-8 Other Contracts.

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements.

52.236-10 Operations and Storage Areas. 52.236-11 Use and Possession Prior to Completion.

52.236-12 Cleaning Up.

52.236-13 Accident Prevention.

52.236-14 Availability and Use of Utility Services.

52.236-15 Schedules for Construction Contracts.

52.236-16 Quantity Surveys. 52.236-17 Layout of Work.

52.236-18 Work Oversight in Cost-Reimbursement Construction Contracts. 52.236-19 Organization and Direction of the Work.

52.236-20 Special Requirements. 52.236-21 Specifications and Drawings for

52.242-12 Report of Shipment (REPSHIP). 52.243-1 Changes-Fixed-Price.

52.243-2 Changes-Cost-Reimbursement. 52.243-3 Changes-Time-and-Materials

Labor-Hours.

52.243-4 Changes.

or

52.245-11 Government Property (Facilities Use).

52.245-12 Contract Purpose (Nonprofit Educational Institutions).

52.245-13 Accountable Facilities (Nonprofit Educational Institutions). 52.245-14 52.245-15

ties.

Use of Government Facilities. Transfer of Title to the Facili

52.245-16 Facilities Equipment Moderniza

tion.

52.245-17 Special Tooling.

52.245-18 Special Test Equipment.

52.245-19 Government Property Furnished "As Is."

52.246-1 Contractor Inspection Requirements.

52.246-2 Inspection of Supplies-FixedPrice.

52.246-3 Inspection of Supplies-Cost-Re

imbursement.

52.246-4 Inspection of Services-FixedPrice.

52.246-5 Inspection of Services-Cost-Re

imbursement.

52.246-6 Inspection-Time-and-Material

and Labor-Hour.

52.246-7 Inspection of Research and Development-Fixed-Price.

Federal Acquisition Regulation

Sec.

52.246-8 Inspection of Research and Development-Cost-Reimbursement.

52.246-9 Inspection of Research and Development (Short Form).

52.246-10 Inspection of Facilities. 52.246-11 Higher-Level Contract Quality Requirement (Government Specification).

52.246-12 Inspection of Construction. 52.246-13 Inspection-Dismantling, Demolition, or Removal of Improvements. 52.246-14 Inspection of Transportation. 52.246-15 Certificate of Conformance. 52.246-16 Responsibility for Supplies. 52.246-17 Warranty of Supplies of a Noncomplex Nature.

52.246-18 Warranty of Supplies of a Complex Nature.

52.246-19 Warranty of Systems and Equipment under Performance Specifications or Design Criteria.

52.246-20 Warranty of Services.

52.246-21 Warranty of Construction.

52.246-22 [Reserved]

52.246-23 Limitation of Liability.

52.246-24 Limitation

Value Items.

of Liability-High

52.246-25 Limitation of Liability-Services. 52.247-1 Commercial Bill of Lading Notations.

52.247-2 Permits, Authorities, chises.

or Fran

52.247-3 Capability to Perform a Contract for the Relocation of a Federal Office. 52.247-4 Inspection of Shipping and Receiving Facilities.

52.247-5 Familiarization with Conditions. 52.247-6 Financial Statement. 52.247-7 Freight Excluded.

52.247-8 Estimated Weights or Quantities

Not Guaranteed.

52.247-9 Agreed Weight-General Freight. 52.247-10 Net Weight-General Freight. 52.247-11 Net Weight-Household Goods or Office Furniture.

52.247-12 Supervision, Labor, or Materials. 52.247-13 Accessorial

Contracts.

ty.

52.247-31 F.o.b. Origin, Freight Allowed. 52.247-32 F.o.b. Origin, Freight Prepaid. 52.247-33 F.o.b. Origin, with Differentials. 52.247-34 F.o.b. Destination. 52.247-35 F.o.b. Destination, within Consignee's Premises.

52.247-36 F.a.s. Vessel, Port of Shipment. 52.247-37 F.o.b. Vessel, Port of Shipment. 52.247-38 F.o.b. Inland Carrier, Point of Exportation.

52.247-39 F.o.b. Inland Point, Country of Importation.

52.247-40 Ex Dock, Pier, or Warehouse, Port of Importation.

52.247-41 C.& f. Destination. 52.247-42 C.i.f. Destination.

52.247-43 F.o.b. Designated Air Carrier's Terminal, Point of Exportation.

52.247-44 F.o.b. Designated Air Carrier's Terminal, Point of Importation.

52.247-45 F.o.b. Origin and/or F.o.b. Destination Evaluation.

52.247-46 Shipping Point(s) Used in Evaluation of F.o.b. Origin Offers. 52.247-47 Evaluation-F.o.b. Origin. 52.247-48 F.o.b. Destination-Evidence of

Services-Moving

52.247-14 Contractor

or Points.

Receipt of Shipment.

52.247-15 Contractor

Responsibility

Loading and Unloading.

52.247-16 Contractor Responsibility Returning Undelivered Freight.

52.247-17 Charges.

52.247-53 Freight Classification Description.

52.247-54 Diversion of Shipment under F.o.b. Destination Contracts.

52.247-55 F.o.b. Point for Delivery of Government-Furnished Property.

52.247-56 Transit Arrangements. 52.247-57 Transportation Transit Privilege Credits.

52.247-58 Loading, Blocking, and Bracing of Freight Car Shipments. Origin-Carload 52.247-59 F.o.b.

Truckload Shipments.

and

52.247-60 Guaranteed Maximum Shipping Weights and Dimensions.

Sec.

52.247-61 F.o.b. Origin-Minimum Size of Shipments.

52.247-62 Specific Quantities Unknown. 52.247-63 Preference for U.S.-Flag Air Car

riers.

52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels. 52.248-1 Value Engineering.

52.248-2 Value Engineering Program-Architect-Engineer.

52.248-3 Value Engineering-Construction. 52.249-1 Termination for Convenience of

the Government (Fixed-Price) (Short Form). 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). 52.249-4 Termination for Convenience of the Government (Services) (Short Form).

52.249-5 Termination for Convenience of the Government (Educational and Other Nonprofit Institutions). 52.249-6 Termination (Cost-Reimbursement).

52.249-7 Termination (Fixed-Price Archi

52.000 Scope of part.

This part (a) gives instructions for using provisions and clauses in solicitations and/or contracts, (b) sets forth the solicitation provisions and contract clauses prescribed by this regula. tion, and (c) presents matrices listing the FAR provisions and clauses applicable to each principal contract type and/or purpose (e.g., fixed-price supply, cost-reimbursement research and development).

[48 FR 42478, Sept. 19, 1983; 48 FR 43273, Sept. 22, 1983]

Subpart 52.1-Instructions for Using Provisions and Clauses

52.100 Scope of subpart.

This subpart (a) gives instructions for using Part 52, including the explanation and use of provision and clause numbers, prescriptions, prefaces, and matrices; (b) prescribes procedures for incorporating, identifying, and modifying provisions and clauses in solicitations and contracts, and for using alternates; and (c) describes the derivation of FAR provisions and clauses.

[48 FR 42478, Sept. 19, 1983; 48 FR 43273, Sept. 22, 1983]

52.101 Using Part 52.

(a) Definitions. "Alternate" means a substantive variation of a basic provision or clause prescribed for use in a defined circumstance. It (1) adds wording to, (2) deletes wording from, or (3) substitutes specified wording for a portion of the basic provision or clause. The alternate version of a provision or clause is the basic provision or clause as changed by the addition, deletion, or substitution (see 52.105(a)).

"Contract clause" or "clause" means a term or condition used in contracts or in both solicitations and contracts, and applying after contract award or both before and after award.

"Modification," as used in this subpart, means a minor change in the details of a provision or clause that is specifically authorized by the FAR and does not alter the substance of the provision or clause (see 52.104).

"Solicitation provision" or "provision" means a term or condition used

only in solicitations and applying only before contract award.

"Substantially as follows" or "substantially the same as," when used in the prescription and preface of a provision or clause, means that authorization is granted to prepare and utilize a variation of that provision or clause to accommodate requirements that are peculiar to an individual acquisition; provided, that the variation includes the salient features of the FAR provision or clause, and is not inconsistent with the intent, principle, and substance of the FAR provision or clause or related coverage of the subject matter.

(b) Numbering. (1) FAR provisions and clauses. Subpart 52.2 sets forth the texts of all FAR provisions and clauses, each in its own separate subsection. The subpart is arranged by subject matter, in the same order as, and keyed to, the parts of the FAR. Each FAR provision or clause is uniquely identified. All FAR provision and clause numbers begin with "52.2," since the texts of all FAR provisions and clauses appear in Subpart 52.2. The next two digits of the provision or clause number correspond to the number of the FAR subject part in which the provision or clause is prescribed. The FAR provision or clause number is then completed by a hyphen and a sequential number assigned within each section of Subpart 52.2. The following example illustrates the makeup of the FAR provision or clause number:

fy the specific needs of the agency as a whole;

(B) Prescribed and included in a regulation issued by a suborganization of an agency to satisfy the needs of that particular suborganization; or

(C) Developed for use at a suborganizational level of an agency, not meant for repetitive use, but intended to meet the needs of an individual acquisiton and, thus, impractical to include in either an agency or suborganization acquisition regulation. (See 1.301(c).)

(ii) Supplemental provisions or clauses published in agency acquisition regulations shall be in full text and the prescription for the use of each shall be included. Supplemental provisions or clauses published in agency acquisition regulations shall be numbered in the same manner in which FAR provisions and clauses are numbered except that

(A) If it is included in an agency acquisition regulation that is published in the Federal Register and is codified in Title 48, Code of Federal Regulations (48 CFR), the number shall be preceded by the chapter number within 48 CFR assigned by the CFR staff; and

(B) The sequential number shall be "70" or a higher number (see 1.303).

(iii) The sequential number at the end of the number of a provision or clause that supplements the FAR, like its counterpart at the end of any FAR provision or clause number, indicates the subsection location of the provision or clause in Subpart 52.2 of the agency acquisition regulation that contains its full text. If, for example, an agency acquisition regulation contains only one provision followed by only one clause supplementing the FAR in its section 52.236 (Construction and Architect-Engineer Contracts), then the sequential numbers would be "70" for the provision and "71" for the clause.

(c) Prescriptions. Each provision or clause in Subpart 52.2 is prescribed at that place in the FAR text where the subject matter of the provision or clause receives its primary treatment. The prescription includes all conditions, requirements, and instructions for using the provision or clause and its alternates, if any. The provision or

clause may be referred to in other FAR locations.

(d) Prefaces. Within Subpart 52.2, each provision or clause is prefaced with (1) a cross-reference to the location in the FAR subject text that prescribes its use, and (2) directions for inserting it in solicitations and/or contracts.

(e) Matrices. (1) Subpart 52.3 consists of a series of matrices, one for each principal type and/or purpose of contract (e.g., fixed-price supply, costreimbursement research and development). Each matrix lists the

(i) Required solicitation provisions; (ii) Required-when-applicable solicitation provisions;

(iii) Optional solicitation provisions; (iv) Required contract clauses; (v) Required-when-applicable contract clauses; and

(vi) Optional contract clauses.

(2) For each provision or clause listed, the matrix provides information on

(i) Whether it may be incorporated by reference or is to be set forth in full text;

(ii) The section of the Uniform Contract Format (UCF) in which it is to be located, if it is used in an acquisition that is subject to the UCF;

(iii) Its number;

(iv) The citation of the FAR text that prescribes its use; and

(v) Its title.

(3) Since the matrices do not provide sufficient information to determine the applicability of a provision or clause in the "required-when-applicable" and "optional" categories, contracting officers shall refer to the FAR text (cited in the matrix) that prescribes its use.

(4) FAR matrices may be reproduced at agency levels, and at subordinate levels, for the purpose of supplementing them with agency-developed provisions and clauses. The resulting consolidated matrices may be included in agency acquisition regulations.

(f) Dates. Since they are subject to revision from time to time, all provisions, clauses, and alternates are dated; e.g., (DEC 1983). To avoid questions concerning which version of any provision, clause, or alternate is operative in any given solicitation or con

52.102-1 Incorporation by reference.

(a) Except as specified in 52.102-2 provisions and clauses may be incorporated by reference in solicitations and/ or contracts if they are prescribed in(1) The FAR and are identified by & single asterisk in the matrices (see Subpart 52.3); or

(2) An agency acquisition regulation published by

(i) The Secretary of Defense for use throughout the Department of Defense (DOD); or

(ii) The head of an agency outside the DOD for agency-wide use.

(b) The provisions and clauses referred to in 52.102-1(a) should be incorporated by reference to the maximum practical extent, rather than being incorporated in full text, even if they (1) are used with one or more alternates or on an optional basis, (2) are prescribed on a "substantially as follows" or "substantially the same as" basis; provided, that they are used verbatim, or (3) require modification or the insertion by the Government of fill-in material (see 52.104). However, the contracting officer, upon request, shall provide the full text of any provision or clause incorporated by refer