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52.242-1

52.242-2

Notice of Intent to Disallow Costs.
Production Progress Reports.

52.242-3 Penalties for Unallowable Costs. 52.242-4 Certification of Final Indirect Costs.

52.242-5-52.242-9 [Reserved]

52.242-10 F.o.b. Origin-Government Bills of

Lading or Prepaid Postage.

52.242-11 F.o.b. Origin-Government Bills of Lading or Indicia Mail.

52.242-12 Report of Shipment (REPSHIP). 52.242-13 Bankruptcy.

52.242-14 Suspension of Work.
52.242-15 Stop-Work Order.

52.242-16 Stop-Work Order-Facilities.
52.242-17 Government Delay of Work.
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.

52.243-5 Changes and Changed Conditions. 52.243-6 Change Order Accounting.

52.243-7 Notification of Changes. 52.244-1 Subcontracts Fixed-Price

tracts.

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tion.

Use of Government Facilities. Transfer of Title to the Facilities. Facilities Equipment Moderniza

Special Tooling.

Special Test Equipment.

52.245-19 Government Property Furnished "As Is."

(Cost-Reimbursement

ts.)

(Time-and-Materials

Ontracts.)

52.246-1 Contractor

ors and Outside Associants.

n in Subcontracting.

cts for Commercial Items

1 Components.

Records.

ent Property (Fixed-Price

cation of Government-Fur

ment-Furnished

rty.

7).

Property

nment Property (Cost-ReimTime-and-Material, or Labor

cracts).

ments.

52.246-2 Inspection

Dility for Government Property Cion Services Contracts).

vernment Property (Consolidated

es).

dability for the Facilities. Use and Charges.

Government Property (Facilities

isition).

Price.

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52.246-3 Inspection of Supplies-Cost-Reim

bursement.

52.246-4 Inspection of Services-Fixed-Price. 52.246-5 Inspection of Services-Cost-Reim

bursement.

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).

52.246-10 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 of

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52.247-20 Estimated Quantities or Weights for Evaluation of Offers.

52.247-21 Contractor Liability for Personal Injury and/or Property Damage. 52.247-22 Contractor Liability for Loss of and/or Damage to Freight other than Household Goods.

52.247-23 Contractor Liability for Loss of and/or Damage to Household Goods. 52.247-24 Advance Notification by the Gov

ernment.

52.247-25 Government-Furnished Equipment With or Without Operators.

52.247-26 Government Direction and Marking.

52.247-27 Contract Not Affected by Oral Agreement.

52.247-28 Contractor's Invoices. 52.247-29 F.o.b. Origin.

52.247-30 F.o.b. Origin, Contractor's Facil

ity.

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 Im

portation.

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52.247-50 No Evaluation of Transportation

Costs.

52.247-51 Evaluation of Export Offers.

52.247-52

Clearance and Documentation Requirements-Shipments to DOD Air or Water Terminal Transshipment Points. 52.247-53 Freight Classification Description. 52.247-54 [Reserved]

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.

52.247-59 F.o.b. Origin-Carload and Truckload Shipments.

52.247-60 Guaranteed Shipping Characteristics.

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 Carriers.

52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels. 52.247-65 F.o.b. Origin, Prepaid Freight— Small Package Shipments. 52.247-66 Returnable Cylinders. 52.247-67 Submission of Commercial Transportation Bills to the General Services Administration for Audit.

52.248-1 Value Engineering.

52.248-2 Value Engineering-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).

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52.251-2 Interagency Fleet Management System Vehicles and Related Services. 52.252-1 Solicitation Provisions Incorporated by Reference.

52.252-2 Clauses Incorporated by Reference. 52.252-3 Alterations in Solicitation. 52.252-4

Alterations in Contract.

52.252-5 Authorized Deviations in Provisions.

52.252-6 Authorized Deviations in Clauses. 52.253-1 Computer Generated Forms.

Subpart 52.3-Provision and Clause Matrix

52.300 Scope of subpart.

52.301 Solicitation provisions and contract clauses (Matrix).

AUTHORITY: 40 U.S.C. 486(c); 10 U.S.C. Chapter 137; and 42 U.S.C. 2473(c).

SOURCE: 48 FR 42478, Sept. 19, 1983, unless otherwise noted.

EDITORIAL NOTE: For a document removing derivation lines wherever they appeared in part 52, see 60 FR 48218, Sept. 18, 1995.

EFFECTIVE DATE NOTE: At 62 FR 5125951265, Sept. 30, 1997, sections 52.215-3 through 52.215-15 and 52.215-18 through 52.215-21 were revised, sections 52.215-16, 52.215-17, and 52.215-22 through 52.215-42 were removed, and part 52 was amended, effective Oct. 10, 1997. The superseded text consisting of the revised, removed, and amended sections remaining in effect until Oct. 10, 1997, appears in the October 1, 1996, revision of title 48 parts 52-99.

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 regulation, and (c) presents a matrix 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, as amended at 55 FR 3887, Feb. 5, 1990]

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 the matrix; (b) prescribes procedures

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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; prò¬ vided, 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

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(2) Provisions or clauses that supplement the FAR.

(1) Provisions or clauses that supplement the FAR are

(A) Prescribed and included in authorized agency acquisition regulations issued within an agency to satisfy 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) Matrix. (1) The matrix in subpart 52.3 contains a column for each principal type and/or purpose of contract (e.g., fixed-price supply, cost reimbursement research and development). The matrix lists the—

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

(iii) Optional solicitation provisions; (iv) Required contract clauses; (v)

Required-when-applicable

tract clauses; and

(vi) Optional contract clauses.

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(iv) The citation of the FAR text that prescribes its use; and (v) Its title.

(3) Since the matrix does 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) The FAR matrix may be reproduced at agency levels, and at subordinate levels, for the purpose of supplementing it 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 contract, its date shall be included whether it is incorporated by reference or in full text.

[48 FR 42478, Sept. 19, 1983; 48 FR 43273, Sept. 22, 1983, as amended at 55 FR 3887, Feb. 5, 1990; 62 FR 40237, July 25, 1997]

52.102 Incorporating provisions and

clauses.

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 authorized to be incorporated by reference (see subpart 52.3); or

(2) An agency acquisition regulation published by

(1) 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 a "substantially as follows" or

on

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