The attached listing of FAR clauses indicates which clauses may not ("no") or may ("YES") be used in acquisitions for commercial items. The listing applies to clauses in effect through FAC 90-36. Note that this listing does NOT require inclusion of clauses, but merely provides that certain clauses MAY be used if they are appropriate. For use of a clause coded "CO" the contracting officer either must determine that the use of the clause is a commercial practice for the items being acquired, or obtain a waiver for use of the clause.
52.202-1 Definitions no n/a covered by 52.214-4(e) 52.203-2 Certificate of Independent Price Determination no n/a 52.203-3 Gratuities YES S 52.203-4 Contingent Fee Representation and Agreement no n/a See 12.503(a)(2) 53.203-5 Covenant Against Contingent Fees no n/a See 12.503(a)(2) 52.203-6 Restrictions on Subcontractor Sales to the Government * IBR With Alternate I, Covered by new 52.212-5, MUST BE CHECKED TO BE EFFECTIVE. See 12.503(c)(1) 52.203-7 Anti-Kickback Procedures no n/a See 12.503(b)(3) & 52.212-4(r) 52.204-5 Women-Owned Business no n/a covered by 52.212-3 52.203-8 Requirement for Certificate of Procurement Integrity no n/a 12.503(b)(4) 52.203-9 Requirement for Certificate of Procurement Integrity--Modification no n/a 12.503(b)(4) 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity * IBR Covered by new 52.212-5, MUST BE CHECKED TO BE EFFECTIVE.. 52.203-11 Certification and Disclosure Regarding payments to Influence Certain Federal Transactions no n/a Covered by new 52.212-3(e) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions no n/a Covered by new 52.212-4(r) 52.203-13 Procurement Integrity--Service Contracting YES S 3.104-10(d) 52.204-1 Approval of Contract no 52.204-2 Security Requirements YES A EO 52.204-3 Taxpayer Identification no n/a Covered by new 52.212-3(b) 52.204-4 Printing/Copying Double-Sided on Recycled Paper no n/a 52.207-1 Notice of Cost Comparison (Sealed Bidding) YES A specifically for A-76 acquisitions 52.207-2 Notice of Cost Comparison (Negotiated) YES A specifically for A-76 acquisitions 52.207-3 Right of First Refusal of Employment YES A specifically for A-76 acquisitions 52.207-4 Economic Purchase Quantity--Supplies YES C 52.207-5 Option to Purchase Equipment YES C 52.208-1 Required Sources for Jewel Bearings and Related Items YES S 52.208-2 Jewel Bearings and Related Items Certificate YES S 52.208-4 Vehicle Lease Payments YES CO 52.208-5 Condition of Leased Vehicles YES CO 52.208-6 Marking of Leased Vehicles YES CO 52.208-7 Tagging of Leased Vehicles YES CO 52.208-8 Helium Requirement Forecast and Required Sources for Helium no n/a 52.209-1 Qualification Requirements YES A 52.209-3 First Article Approval--Contractor Testing YES CO Falls under 12.301(e) 52.209-4 First Article Approval--Government Testing YES CO Falls under 12.301(e) 52.209-5 Certification Regarding Debarment, Suspension, Proposed Debarment, and Other Responsibility Matters no n/a 52.212-3(h) 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment no n/a 52.209-7 Organizational conflicts of Interest Certificate--Marketing Consultants no n/a 52.209-8 Organizational Conflicts of Interest Certificate--Advisory and Assistance Services no n/a 52.211-1 Availability of Specifications Listed in the GSA Index of Federal Specification, Standards and Commercial Item Descriptions no n/a Covered by 52.212-1(i). 52.211-2 Availability of Specifications Listed in the DOD Index of Specifications and Standards (DODISS) no n/a Covered by 52.212-1(i). 52.211-3 Availability of Specifications Not Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions no n/a Covered by 52.212-1(i). 52.211-4 Availability for Examination of Specifications Not Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions no n/a Covered by 52.212-1(i). 52.211-5 New Material. YES C See 11.302(a). 52.211-6 Listing of Used or Reconditioned Material, Residual Inventory, and Former Government Surplus Property YES C See 11.302(b). 52.211-7 Used or Reconditioned Material, Residual Inventory, and Former Government Surplus Property. YES C See 11.302(c). 52.211-8 Time of Delivery YES C Requires tailoring 52.211-9 Desired and Required Time of Delivery YES C Requirtes tailoring 52.211-10 Commencement, Prosecution, and Completion of Work no n/a 52.211-11 Liquidated Damages--Supplies, Services, or Research and Development YES CO only if a commercial practice 52.211-12 Liquidated Damages--Construction no n/a 52.211-13 Time Extensions no n/a 52.211-14 Notice of Priority Rating for National Defense Use YES A 52.211-15 Defense Priority and Allocation Requirements YES A 52.211-16 Variation in Quantity YES C 52.211-17 Delivery of Excess Quantities YES C 52.211-18 Variation in Estimated Quantity YES C 52.212-1 Instructions to Offerors -- Commercial Items YES A 52.212-2 Evaluation -- Commercial Items YES A 52.212-3 Offeror Representations and Certifications - Commercial Items YES S/A 52.212-4 Contract Terms and Conditions -- Commercial Items YES A 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items YES S 52.213-1 Fast Payment Procedure YES C 52.213-2 Invoices no n/a Covered by 52.212-4(g) 52.213-3 Notice To Supplier no n/a 52.214-1 Solicitation Definitions--Sealed Bidding no n/a 52.214-2 Type of Business Organization--Sealed Bidding no n/a 52.214-3 Amendments to Invitations for Bids no n/a Covered by 52.212-1(b)(9) 52.214-4 False Statements in Bids no n/a 52.214-5 Submission of Bids. no n/a Covered by 52.212-1(b) 52.214-6 Explanation to Prospective Bidders no n/a 52.214-7 Late Submissions, Modifications, and Withdrawals of Bids no n/a 52.212-1(f) 52.214-9 Failure to Submit a Bid no n/a 52.214-10 Contract Award--Sealed bidding YES C Use in lieu of 52.212-2 per 12.301(c)(2). 52.214-12 Preparation of Bids no n/a 52.214-13 Telegraphic Bids YES C 52.214-14 Place of Performance--Sealed Bidding no n/a 52.214-15 Period for Acceptance of bids no n/a Covered by 52.212-1(c) 52.214-16 Minimum Bid Acceptance Period YES C (See GSAR Deviation) 52.214-17 Affiliated Bidders no n/a 52.214-19 Preparation of Bids--Construction no n/a 52.214-19 Contract Award--Sealed Bidding--Construction no n/a 52.214-20 Bid Samples no n/a Covered by 52.212-1(d) 52.214-21 Descriptive Literature no n/a Covered by 52.212-1(b)(4) 52.214-22 Evaluation of Bids for Multiple Awards no n/a Covered by 52.212-1(h) 52.214-23 Late Submissions, Modifications, and Withdrawals of Technical Proposals under Two-Step Sealed Bidding no n/a Covered by 52.212-1(f) 52.214-24 Multiple Technical Proposals no n/a Covered by 52.212-1(e) 52.214-25 Step Two of Two-Step Sealed Bidding no n/a 52.214-26 Audit and Records--Sealed Bidding no n/a 52.214-27 Price Reduction for Cost or Pricing Data--Modifications--Sealed Bidding no n/a 52.214-28 Subcontractor Cost or Pricing Data--Modifications--Sealed Bidding no n/a 52.214-29 Order of Precedence--Sealed Bidding no n/a 52.214-30 Annual Representations and Certifications--Sealed Bidding no n/a 52.214-31 Facsimile Bids no n/a 52.214-32 Late Submissions, Modifications, and Withdrawals of Bids (Overseas). no n/a 52.214-33 Late Submissions, Modifications and Withdrawals of Technical Proposals under Two-Step Sealed Bidding (Overseas) no n/a 52.214-34 Submission of Offers in the English Language YES C/S 25.407(d) 52.214-35 Submission of Offers in U.S. Currency YES C/S 25.407(d) 52.215-2 Audit and Records--Negotiation no n/a 52.212-5(d) 53.215-3 Solicitation for Information or Planning Purposes YES CO 52.215-4 Notice of Possible Standardization no n/a 52.215-5 Solicitation Definitions no n/a 52.215-6 Type of Business Organization no n/a 52.215-7 Unnecessarily Elaborate Proposals or Quotations no n/a 52.215-8 Amendments to Solicitations no n/a Covered by 52.212-1(b)(9) 52.215-9 Submission of Offers no n/a Covered by 52.212-1(b) 52.215-10 Late Submissions, Modifications, and Withdrawals of Proposals no n/a Covered by 52.212-1(f) 52.215-11 Authorized Negotiators YES A 52.215-12 Restriction on Disclosure and Use of Data no n/a 52.215-13 Preparation of Offers no n/a Covered by 52.212-1(b) 52.215-14 Explanation to Prospective Offerors no n/a 52.215-15 Failure to Submit Offer no n/a 52.215-16 Contract Award YES CO When 52.212-1(g) is not appropriate. 52.215-17 Telegraphic Proposals YES CO 52.215-18 Facsimile Proposals no n/a 52.215-19 Period for Acceptance of Offer no n/a Covered by 52.212-1(c) 52.215-20 Place of Performance no n/a 52.215-21 Changes or Additions to Make-or-Buy Program no n/a 52.215-22 Price Reduction for Defective Cost or Pricing Data no n/a See 12.503(c)(2) 52.215-23 Price Reduction for Defective Cost or Pricing Data--Modifications no n/a See 12.503(c)(2) 52.215-24 Subcontractor Cost or Pricing Data no n/a See 12.503(c)(2) 52.215-25 Subcontractor Cost or Pricing Data--Modifications no n/a See 12.503(c)(2) 52.215-26 Integrity of Unit Prices no n/a 52.215-27 Termination of Defined Benefit Pension Plans no n/a 52.215-30 Facilities Capital cost of Money no n/a 52.215-31 Waiver of Facilities Capital Cost of Money no n/a 52.215-33 Order of Precedence no n/a 52.215-34 Evaluation of Offers for Multiple Awards YES C May need tailoring in $ amount 52.215-35 Annual Representations and Certifications no n/a 52.215-36 Late Submissions, Modifications, and Withdrawals of Proposals (Overseas) no n/a 52.215-38 Preparation of Offers--Construction no n/a 52.215-39 Reversion or Adjustment of Plans for Post retirement Benefits Other than Pensions (PRB) no n/a 52.215-40 Notification of Ownership Changes no n/a 52.215-41 Requirements for Cost or Pricing Data or Information Other than Cost or Pricing Data YES A 52.215-42 Requirements for Cost or Pricing Data or Information Other than cost or Pricing Data -- Modifications YES A 52.215-43 Audit -- Commercial Items YES A 52.216-1 Type of Contract YES C 52.216-2 Economic Price Adjustment--Standard Supplies YES C 52.216-3 Economic Price Adjustment--Semistandard Supplies YES C 52.216-4 Economic Price Adjustment--Labor and Material YES C 52.216-5 Price Redetermination--Prospective no n/a See 16.201 52.216-6 Price Redetermination--Retroactive no n/a See 16.201 52.216-7 Allowable Cost and Payment no n/a See 16.201 52.216-8 Fixed Fee no n/a See 16.201 52.216-9 Fixed Fee--Construction no n/a See 16.201 52.216-10 Incentive Fee no n/a See 16.201 52.216-11 Cost Contract--No Fee no n/a See 16.201 52.216-12 Cost-Sharing Contract--No Fee no n/a See 16.201 52.216-13 Allowable Cost and Payment--Facilities no n/a See 16.201 52.216-14 Allowable Cost and Payment--Facilities Use no n/a See 16.201 52.216-15 Predetermined Indirect Cost Rates no n/a See 16.201 52.216-16 Incentive Price Revision--Firm Target no n/a See 16.201 52.216-17 Incentive Price Revision--Successive Targets no n/a See 16.201 52.216-18 Ordering YES C 52.216-19 Delivery Order Limitations YES C 52.216-20 Definite Quantity YES C 52.216-21 Requirements YES C 52.216-22 Indefinite Quantity YES C 52.216-23 Execution and Commencement of Work no n/a 52.216-24 Limitation of Government Liability no n/a 52.216-25 Contract Definitization no n/a 52.216-26 Payments of Allowable Costs Before Definitization no n/a 52.216-27 Single or Multiple Awards YES C 52.216-28 Multiple Awards for Advisory and Assistance Services no n/a 52.217-1 Limitation of Price and Contractor Obligations no n/a 52.217-2 Cancellation of Items no n/a 52.217-3 Evaluation Exclusive of Options YES A 52.217-4 Evaluation of Options Exercised at Time of Contract Award YES A 52.217-5 Evaluation of Options no n/a see 52.212-2(b) 52.217-6 Option for Increased Quantity YES C 52.217-7 Option for Increased Quantity--Separately Priced Line Item no n/a use 52.217-6 and tailor if necessary 52.217-8 Option to Extend Services YES C 52.217-9 Option to Extend the Term of the Contract YES C 52.219-1 Small Business Program Representationa no n/a Covered by 512-212-1 and -3. 52.219-2 Equal Low Bids no n/a Covered by 52.212-3. 52.219-6 Notice of Total Small Business Set-Aside YES S 52.219-7 Notice of Partial Small Business Set-Aside YES S 52.219-8 Utilization of Small, Small Disadvantaged and Women-Owned Small Business Concerns * IBR Covered by new 52.212-5, MUST BE CHECKED TO BE EFFECTIVE.. 52.219-9 Small, Small Disadvantaged and Women-Owned Small Business Subcontracting Plan * IBR Covered by new 52.212-5, MUST BE CHECKED TO BE EFFECTIVE.. 52.219-10 Incentive Subcontracting Program no n/a 52.219-11 Special 8(a) Contract Conditions YES S 52.219-12 Special 8(a) Subcontract Conditions YES S 52.219-14 Limitations on Subcontracting * IBR Covered by new 52.212-5, MUST BE CHECKED TO BE EFFECTIVE.. 52.219-15 Notice of Participation by Organizations for the Handicapped no n/a Authorization for Organizations for the Handicapped to participate in set-asides expired in FY 1995. 52.219-16 Liquidated Damages-- Subcontracting Plan YES S 52.219-17 Section 8(a) Award YES S 52.219-18 Notification of Competition Limited to Eligible 8(a) Concerns YES S 52.219-19 Small Business Concern Representation for the Small Business Competitiveness Demonstration Program no n/a Covered by new 512-212-3. 52.219-20 Notice of Emerging Small Business Set-Aside no n/a Covered by new 512-212-3. 52.219-21 Small Business Size Representation for Targeted Industry Categories under the Small Business Competitiveness Demonstration Program no n/a Covered by new 512-212-3. 52.222-1 Notice to the Government of Labor Disputes no n/a 52.222-2 Payment for Overtime Premiums no n/a 52.222-3 Convict Labor * IBR Covered by new 52.212-5. 52.222-4 Contract Work Hours and Safety Standards Act--Overtime Compensation no n/a 12.503(b)(2) and 52.212-4(h) 52.222-6 Davis-Bacon Act no n/a 52.222-7 Withholding of Funds no n/a 52.222-8 Payrolls and Basic Records no n/a 52.222-9 Apprentices and Trainees no n/a 52.222-10 Compliance with Copeland Act Requirements no n/a 52.222-11 Subcontracts (Labor Standards). no n/a 52.222-12 Contract Termination--Debarment no n/a 52.222-13 Compliance with Davis-Bacon and Related Act Regulations no n/a 52.222-14 Disputes Concerning Labor Standards no n/a 52.222-15 Certification of Eligibility no n/a 52.222-16 Approval of Wage Rates no n/a 52.222-17 Labor Standards for Construction Work--Facilities Contracts no n/a 52.222-19 Walsh-Healey Public Contracts Act Representation no n/a See 12.503(a)(1) 52.222-20 Walsh-Healey Public Contracts Act no n/a See 12.503(a)(1) 52.222-21 Certification of Nonsegregated Facilities no n/a 52.212-3(d)(1) 52.222-22 Previous Contracts and Compliance Reports no n/a 52.212-3(d)(2) 52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity no n/a 52.222-24 Preaward On-Site Equal Opportunity Compliance Review YES S 52.222-25 Affirmative Action Compliance no n/a 52.212-3(d)(3) 52.222-26 Equal Opportunity * IBR Covered by new 52.212-5, MUST BE CHECKED TO BE EFFECTIVE.. 52.222-27 Affirmative Action Compliance Requirements for Construction no n/a 52.222-28 Equal Opportunity Preaward Clearance of Subcontracts no n/a 52.222-29 Notification of Visa Denial no n/a 52.222-35 Affirmative Action for special disables and Vietnam Era Veterans * IBR Covered by new 52.212-5, MUST BE CHECKED TO BE EFFECTIVE.. 52.222-36 Affirmative Action for Handicapped Workers * IBR Covered by new 52.212-5, MUST BE CHECKED TO BE EFFECTIVE.. 52.222-37 Employment Reports on Special Disabled Veterans and Veterans of the Vietnam Era * IBR Covered by new 52.212-5, MUST BE CHECKED TO BE EFFECTIVE.. 52.222-40 Service contract Act of 1965, as Amended--Contracts of $2500 or Less no n/a 52.222-41 Service Contract Act of 1965, as Amended * IBR Covered by new 52.212-5, MUST BE CHECKED TO BE EFFECTIVE.. 52.222-42 Statement of Equivalent Rates for Federal Hires * IBR Covered by new 52.212-5, MUST BE CHECKED TO BE EFFECTIVE.. 52.222-43 Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) * IBR Covered by new 52.212-5, MUST BE CHECKED TO BE EFFECTIVE.. 52.222-44 Fair Labor Standards Act and Service Contract Act--Price Adjustment * IBR Covered by new 52.212-5, MUST BE CHECKED TO BE EFFECTIVE.. 52.222-46 Evaluation of Compensation for Professional Employees YES A OFPP Policy Ltr 78-2 52.222-47 SCA Minimum Wages and Fringe Benefits Applicable to Successor Contract Pursuant to Predecessor Contractor Collective Bargaining Agreements (CBA) * IBR Covered by new 52.212-5, MUST BE CHECKED TO BE EFFECTIVE.. 52.222-48 Exemption from Application of Service Contract Act Provisions YES A 22.1006(e) and DOL regs in 29 CFR. 52.222-49 Service Contract Act--Place of Performance Unknown YES A 22.1006(f) and 29 CFR. 52.223-1 Clean Air and Water Certification no n/a 12.503(b)(1) & (5) 52.223-2 Clean Air and Water no n/a 12.503(b)(1) & (5) 52.223-3 Hazardous Material Identification and Material Safety Data YES S 52.223-4 Recovered Material Certification no n/a 52.223-5 Certification Regarding A Drug-Free Workplace no n/a 12.503(a)(4) 52.223-6 Drug-Free Workplace no n/a 12.503(a)(4) 52.223-7 Notice of Radioactive Materials YES S 52.223-8 Estimate of Percentage of Recovered Material for Designated Items to be Used in the Performance of the Contract YES S 12.301(e)(3) 52.223-9 Certification of Percentage of Recovered Material Content for EPA Designated Items Used in Performance of the Contract YES S 12.301(e)(3) 52.223-10 Waste Reduction Program. no n/a 52.223-11 Ozone-Depleting Substances YES S 52.223-12 Refrigeration Equipment and Air Conditioners no n/a 52.223-13 Certification of Toxic Chemical Release Reporting no n/a 52.223-14 Toxic Chemical Release Reporting no n/a 52.224-1 Privacy Act Notification YES S 52.224-2 Privacy Act. YES S 52.225-1 Buy American Certificate no n/a 52.212-3(f) 52.225-2 Waiver of Buy American Act for Civil Aircraft and Related Articles no n/a 52.225-3 Buy American Act--Supplies * IBR Covered by new 52.212-5, MUST BE CHECKED TO BE EFFECTIVE. 52.225-5 Buy American Act--Construction Materials no n/a 52.225-6 Balance of Payments Program Certificate no n/a 52.212-3(f) 52.225-7 Balance of Payments Program YES A 52.225-8 Buy American Act--Trade Agreements-- Balance of Payments Program Certificate no n/a 52.212-3(f) 52.225-9 Buy American Act--Trade Agreements-- Balance of Payments Program * IBR Covered by new 52.212-5, MUST BE CHECKED TO BE EFFECTIVE See GSAR deviation 552.225-9). 52.225-10 Duty-Free Entry YES A 52.225-11 Restrictions on Certain Foreign Purchases YES S 52.225-14 Inconsistency Between English Version and Translation of Contract YES CO 52.225-15 Buy American Act--Construction Materials under European Community and North American Free Trade Agreements no n/a 52.225-16 Buy American Act -- Supplies under European Community Agreement Certificate no n/a Covered by 52.212-5 52.225-17 Buy American Act --Supplies under European Community Agreement * IBR Covered by new 52.212-5, MUST BE CHECKED TO BE EFFECTIVE. 52.225-18 European Community Sanction for End Products. * IBR Covered by new 52.212-5, MUST BE CHECKED TO BE EFFECTIVE. 52.225-19 European Community Sanction for Services * IBR Covered by new 52.212-5, MUST BE CHECKED TO BE EFFECTIVE. 52.225-20 Buy American Act--North American Free Trade Agreement Implementation Act--Balance of Payments Program Certificate no n/a 52.212-3 52.225-21 Buy American Act--North American Free Trade Agreement Implementation Act--Balance of Payments Program * IBR Covered by new 52.212-5, MUST BE CHECKED TO BE EFFECTIVE. 52.226-1 Utilization of Indian Organizations and Indian-Owned Economic Enterprises no n/a 52.227-1 Authorization and Consent no n/a 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement no n/a 52.227-3 Patent Indemnity no n/a Covered by 52.212-4(h ) 52.227-4 Patent Indemnity--Construction Contracts no n/a 52.227-5 Waiver of Indemnity no n/a 52.227-6 Royalty Information no n/a 52.227-7 Patents--Notice of Government Licensee no n/a 52.227-9 Refund of Royalties no n/a 52.227-10 Filing of Patent Applications--Classified Subject Matter no n/a 52.227-11 Patent Rights--Retention by the Contractor (Short Form) no n/a 52.227-12 Patent Rights--Retention by the Contractor (Long Form). no n/a 52.227-13 Patent Rights--Acquisition by the Government no n/a 52.227-14 Rights in Data--General no n/a 52.227-15 Representation of Limited Rights Data and Restricted Computer Software no n/a 52.227-16 Additional Data Requirements no n/a 52.227-17 Rights in Data--Special Works no n/a 52.227-18 Rights in Data--Existing Works no n/a 52.227-19 Commercial Computer Software--Restricted Rights no n/a 52.227-20 Rights in Data--SBIR Program no n/a 52.227-21 Technical Data Certification, Revision, and Withholding of Payment--Major Systems no n/a 52.227-22 Major System--Minimum Rights no n/a 52.227-23 Rights to Proposal Data (Technical). no n/a 52.228-1 Bid Guarantee YES CO 52.228-2 Additional Bond Security YES CO 52.228-3 Workers' Compensation Insurance (Defense Base Act). no n/a 52.228-4 Workers' Compensation and War-Hazard Insurance Overseas no n/a 52.228-5 Insurance--Work on a Government Installation YES C 52.228-6 Insurance--Immunity From Tort Liability no n/a 52.228-7 Insurance--Liability to Third Persons no n/a 52.228-8 Liability and Insurance--Leased Motor Vehicles YES CO 52.228-9 Cargo Insurance YES C 52.228-10 Vehicular and General Public Liability Insurance YES CO 52.228-11 Pledges of Assets YES CO 52.228-12 Prospective Subcontractor Requests for Bonds n/a 52.229-1 State and Local Taxes no n/a Covered by 52.212-4(k) & (l) 52.229-2 North Carolina State and Local Sales and Use Tax. no n/a Covered by 52.212-4(k) & (l) 52.229-3 Federal, State, and Local Taxes no n/a Covered by 52.212-4(k) & (l) 52.229-4 Federal, State, and Local Taxes (Noncompetitive Contract). no n/a Covered by 52.212-4(k) & (l) 52.229-5 Taxes--Contracts Performed in U.S. Possessions or Puerto Rico no n/a Covered by 52.212-4(k) & (l) 52.229-6 Taxes--Foreign Fixed-Price Contracts no n/a Covered by 52.212-4(k) 52.229-7 Taxes--Fixed-Price Contracts with Foreign Governments no n/a 52.229-8 Taxes--Foreign Cost-Reimbursement Contracts no n/a See 16.201 52.229-9 Taxes--Cost-Reimbursement Contracts with Foreign Governments no n/a See 16.201 52.229-10 State of New Mexico Gross Receipts and Compensating Tax no n/a Covered by 52.212-4(g) 52.230-1 Cost Accounting Standards Notices and Certification no Section 4205 of the Federal Acquisition Reform Act of 1995 specifically provides that CAS are not applicable to contracts and subcontracts for commercial items. 52.230-2 Cost Accounting Standards no See above 52.230-3 Disclosure and Consistency of Cost Accounting Practices no See above 52.230-4 Consistency in Cost Accounting Practices no See above 52.230-5 Administration of Cost Accounting Standards no See above 52.232-1 Payments no n/a Covered by 52.212-4(i) 52.232-2 Payments under Fixed-Price Research and Development Contracts no n/a 52.232-3 Payments under Personal Services Contracts no n/a 52.232-4 Payments under Transportation Contracts and Transportation-Related Services Contracts no n/a 52.232-5 Payments under Fixed-Price Construction Contracts no n/a 52.232-6 Payment under Communication Service Contracts with Common Carriers no n/a 52.232-7 Payments under Time-and-Materials and Labor-Hour Contracts no n/a 52.212-4(i) 52.232-8 Discounts for Prompt Payment no n/a Covered by 52.212-4(i) 52.232-9 Limitation on Withholding of Payments no n/a 52.232-10 Payments under Fixed-Price Architect-Engineer Contracts no n/a 52.232-11 Extras no n/a 52.232-12 Advance Payments no n/a 52.232-13 Notice of Progress Payments.. no n/a 52.232-14 Notice of Availability of Progress Payments Exclusively for Small Business Concerns no n/a 52.232-15 Progress Payments Not Included no n/a 52.232-16 Progress Payments no n/a 52.232-17 Interest YES A 52.232-18 Availability of Funds YES S 52.232-19 Availability of Funds for the Next Fiscal Year no n/a 52.232-20 Limitation of Cost no n/a 52.232-21 Limitation of Cost (Facilities) no n/a 52.232-22 Limitation of Funds no n/a 52.232-23 Assignment of Claims no n/a 52.212-4(b) 52.232-24 Prohibition of Assignment of Claims no n/a 52.232-25 Prompt Payment no n/a 52.212-4(i) 52.232-26 Prompt Payment for Fixed-Price Architect-Engineer Contracts no n/a 52.232-27 Prompt Payment for Construction Contracts no n/a 52.232-28 Electronic Funds Transfer Payment Methods. no n/a Covered by new 52.212-4(i) 52.232-29 Terms for Financing Purchases of Commercial Items YES A 52.232-31 Installment Payments for Commercial Items YES C 52.232-31 Invitation to Propose Financing Terms YES C 52.232-32 Performance-Based Payments YES A 52.233-1 Disputes * IBR Covered by new 52.212-4(d) 52.233-2 Service of Protest. YES A 52.233-3 Protest after Award * IBR Covered by new 512.2-5. 52.234-1 Industrial Resources Developed Under Defense Production Act Title III no n/a 52.236-1 Performance of Work by the Contractor no n/a 52.236-2 Differing Site Conditions no n/a 52.236-3 Site Investigation and Conditions Affecting the Work. no n/a 52.236-4 Physical Data no n/a 52.236-5 Material and Workmanship no n/a 52.236-6 Superintendence by the Contractor no n/a 52.236-7 Permits and Responsibilities no n/a 52.236-8 Other Contracts no n/a 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements no n/a 52.236-10 Operations and Storage Areas no n/a 52.236-11 Use and Possession Prior to Completion no n/a 52.236-12 Cleaning Up no n/a 52.236-13 Accident Prevention no n/a 52.236-14 Availability and Use of Utility Services no n/a 52.236-15 Schedules for Construction Contracts. no n/a 52.236-16 Quantity Surveys no n/a 52.236-17 Layout of Work no n/a 52.236-18 Work Oversight in Cost-Reimbursement Construction Contracts no n/a 52.236-19 Organization and Direction of the Work no n/a 52.236-21 Specifications and Drawings for Construction no n/a 52.236-22 Design Within Funding Limitations no n/a 52.236-23 Responsibility of the Architect-Engineer Contractor no n/a 52.236-24 Work Oversight in Architect-Engineer Contracts no n/a 52.236-25 Requirements for Registration of Designers no n/a 52.236-26 Preconstruction Conference no n/a 52.236-27 Site Visit (Construction) no n/a 52.237-1 Site Visit YES C 52.237-2 Protection of Government Buildings, Equipment, and Vegetation YES C 52.237-3 Continuity of Services YES CO 52.237-4 Payment by Government to Contractor no n/a 52.237-5 Payment by Contractor to Government no n/a 52.237-6 Incremental Payment by Contractor to Government no n/a 52.237-7 Indemnification and Medical Liability Insurance no n/a 52.237-8 Restriction on Severance Payments to Foreign Nationals no n/a 52.237-9 Waiver of Limitation on Severance Payments to Foreign Nationals no n/a 52.241-1 Electric Service Territory Compliance Representation no n/a 52.241-2 Order of Precedence--Utilities no n/a 52.241-3 Scope and Duration of Contract no n/a 52.241-4 Change in Class of Service no n/a 52.241-5 Contractor's Facilities no n/a . 52.241-6 Service Provisions no n/a 52.241-7 Change in Rates or Terms and Conditions of Service for Regulated Services no n/a 52.241-8 Change in Rates or Terms and Conditions of Service for Unregulated Services no n/a 52.241-9 Connection Charge. no n/a 52.241-10 Termination Liability no n/a 52.241-11 Multiple Service Locations no n/a 52.241-12 Nonrefundable, Nonrecurring Service Charge no n/a 52.241-13 Capital Credits no n/a 52.242-1 Notice of Intent to Disallow Costs no n/a 52.242-2 Production Progress Reports no n/a 52.242-3 Penalties for Unallowable Costs. no n/a 52.242-4 Certification of Indirect Costs no n/a 52.242-10 F.o.b. Origin--Government Bills of Lading or Prepaid Postage YES CO 52.242-11 F.o.b. Origin--Government Bills of Lading or Indicia Mail. no n/a 52.242-12 Report of Shipment (RESHIP) YES A 52.242-13 Bankruptcy no n/a 52.242-14 Suspension of Work no n/a 52.242-15 Stop-Work Order YES A 52.242-16 Stop-Work Order--Facilities YES A 52.242-17 Government Delay of Work no n/a 52.243-1 Changes--Fixed-Price no If it is industry practice to use a unilateral changes provision, you may tailor 52.212-4(c) to provide for them. 52.243-2 Changes--Cost-Reimbursement no n/a 16.201 52.243-3 Changes--Time-and-Materials or Labor-Hours no n/a 16.201 52.243-4 Changes no n/a 52.243-5 Changes and Changed Conditions no n/a 52.243-6 Change Order Accounting. no n/a 52.243-7 Notification of Changes. no n/a 52.244-1 Subcontracts (Fixed-Price Contracts). no n/a 52.244-2 Subcontracts (Cost-Reimbursement and Letter Contracts). no n/a 16.201 52.244-3 Subcontracts (Time-and-Materials and Labor-Hour Contracts). no n/a 16.201 52.244-4 Subcontractors and Outside Associates and Consultants no n/a 52.244-5 Competition in Subcontracting no n/a 52.244-6 Subcontracts for Commercial Items and Commercial components n/a 52.245-1 Property Records no n/a 52.245-2 Government Property (Fixed-Price Contracts). YES CO 52.245-3 Identification of Government-Furnished Property. no n/a 52.245-4 Government-Furnished Property (Short Form). YES CO 52.245-5 Government Property (Cost-Reimbursement, Time-and-Material, or Labor-Hour Contracts). no n/a 16.201 52.245-6 Liability for Government Property (Demolition Services Contracts). no n/a 52.245-7 Government Property (Consolidated Facilities). no n/a 52.245-8 Liability for the Facilities no n/a 52.245-9 Use and Charges no n/a 52.245-10 Government Property (Facilities Acquisition). no n/a 52.245-11 Government Property (Facilities Use). no n/a 52.245-12 Contract Purpose (Nonprofit Educational Institutions). no n/a 52.245-13 Accountable Facilities (Nonprofit Educational Institutions). no n/a 52.245-14 Use of Government Facilities no n/a 52.245-15 Transfer of Title to the Facilities no n/a 52.245-16 Facilities Equipment Modernization no n/a 52.245-17 Special Tooling no n/a 52.245-18 Special Test Equipment no n/a 52.245-19 Government Property Furnished "As Is" no n/a 52.246-1 Contractor Inspection Requirements no n/a 52.246-2 Inspection of Supplies--Fixed-Price no n/a Covered by 52.212-4(a) 52.246-3 Inspection of Supplies--Cost-Reimbursement no n/a 16.201 52.246-4 Inspection of Services--Fixed-Price no n/a Covered by 52.212-4(a) 52.246-5 Inspection of Services--Cost-Reimbursement no n/a 16.201 52.246-6 Inspection--Time-and-Material and Labor-Hour no n/a 16.201 52.246-7 Inspection of Research and Development-- Fixed Price. no n/a 52.246-8 Inspection of Research and Development-- Cost Reimbursement no n/a 16.201 52.246-9 Inspection of Research and Development (Short Form). no n/a 52.246-10 Inspection of Facilities no n/a 52.246-11 Higher-Level Contract Quality Requirement (Government Specification). YES CO 52.246-12 Inspection of Construction no n/a 52.246-13 Inspection--Dismantling, Demolition, or Removal of Improvements no n/a 52.246-14 Inspection of Transportation no n/a 52.246-15 Certificate of Conformance no n/a 52.246-16 Responsibility for Supplies no n/a 52.212-4(j) 52.246-17 Warranty of Supplies of a Noncomplex Nature no n/a 52.212-4(o) 52.246-18 Warranty of Supplies of a Complex Nature no n/a 52.212-4(o) 52.246-19 Warranty of Systems and Equipment under Performance Specifications or Design Criteria no n/a 52.246-20 Warranty of Services no n/a 52.212-4(o) 52.246-21 Warranty of Construction no n/a 52.246-23 Limitation of Liability no n/a 52.212-4(p) 52.246-24 Limitation of Liability--High-Value Items no n/a 52.246-25 Limitation of Liability--Services no n/a 52.247-1 Commercial Bill of Lading Notations YES C 52.247-2 Permits, Authorities, or Franchises no n/a 52.247-3 Capability to Perform a Contract for the Relocation of a Federal Office no n/a 52.247-4 Inspection of Shipping and Receiving Facilities no n/a 52.247-5 Familiarization with Conditions no n/a 52.247 Financial Statement no n/a 52.247-7 Freight Excluded no n/a 52.247-8 Estimated Weights or Quantities Not Guaranteed. no n/a 52.247-9 Agreed Weight--General Freight no n/a 52.247-10 Net Weight--General Freight no n/a 52.247-11 Net Weight--Household Goods or Office Furniture no n/a 52.247-12 Supervision, Labor, or Materials no n/a 52.247-13 Accessorial Services--Moving Contracts no n/a 52.247-14 Contractor Responsibility for Receipt of Shipment no n/a 52.247-15 Contractor Responsibility for Loading and Unloading no n/a 52.247-16 Contractor Responsibility for Returning Freight no n/a 52.247-17 Charges. no n/a 52.247-18 Multiple Shipments no n/a 52.247-19 Stopping in Transit for Partial Unloading no n/a 52.247-20 Estimated Quantities or Weights for Evaluation of Offers no n/a 52.247-21 Contractor Liability for Personal Injury and/or Property Damage no n/a 52.247-22 Contractor Liability for Loss of and/or Damage to Freight other than Household Goods no n/a 52.247-23 Contractor Liability for Loss of and/or Damage to Household Goods no n/a 52.247-24 Advance Notification by the Government no n/a 52.247-25 Government-Furnished Equipment with or without Operators no n/a 52.247-26 Government Direction and Marking no n/a 52.247-27 Contract not Affected by Oral Agreement no n/a 52.247-28 Contractor's Invoices no n/a 52.247-29 F.o.b. Origin YES C 52.247-30 F.o.b. Origin, Contractor's Facility. YES C 52.247-31 F.o.b. Origin, Freight Allowed YES C 52.247-32 F.o.b. Origin, Freight Prepaid YES C 52.247-33 F.o.b. Origin, with Differentials YES C 52.247-34 F.o.b. Destination YES C 52.247-35 F.o.b. Destination, within Consignee's Premises YES C 52.247-36 F.a.s. Vessel, Port of Shipment YES C 52.247-37 F.o.b. Vessel, Port of Shipment YES C 52.247-38 F.o.b. Inland Carrier, Point of Exportation YES C 52.247-39 F.o.b. Inland Point, Country of Importation YES C 52.247-40 Ex Dock, Pier, or Warehouse, Port of Importation YES C 52.247-41 C. & f. Destination YES C 52.247-42 C.i.f. Destination YES C 52.247-43 F.o.b. Designated Air Carrier's Terminal, Point of Exportation YES C 52.247-44 F.o.b. Designated Air Carrier's Terminal, Point of Importation YES C 52.247-45 F.o.b. Origin and/or F.o.b. Destination Evaluation YES C 52.247-46 Shipping Point(s) Used Evaluation of F.o.b. Origin Offers YES CO 52.247-47 Evaluation--F.o.b. Origin YES CO 52.247-48 F.o.b. Destination--Evidence of Shipment YES C 52.247-49 Destination Unknown YES C 52.247-50 No Evaluation of Transportation Costs. YES CO 52.247-51 Evaluation of Export Offers YES CO 52.247-52 Clearance and Documentation Requirements Shipments to DOD Air or Water Terminal Transshipment Points YES CO 52.247-53 Freight Classification Description YES C 52.247-54 Diversion of Shipment under F.o.b. Destination Contracts. YES CO 52.247-55 F.o.b. Point for Delivery of Government-Furnished Property YES CO 52.247-56 Transit Arrangements no n/a 52.247-57 Transportation Transit Privilege Credits YES C 52.247-58 Loading, Blocking, and Bracing of Freight Car Shipments YES C 52.247-59 F.o.b. Origin--Carload and Truckload Shipments YES CO 52.247-60 Guaranteed Shipping Characteristics YES CO 52.247-61 F.o.b. Origin--Minimum Size of Shipments YES CO 52.247-62 Specific Quantities Unknown YES C 52.247-63 Preference for U.S.-Flag Air Carriers no n/a See 12.503. Covered by new 52.212-4(r) 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels * IBR Covered by new 52.212-5, MUST BE CHECKED TO BE EFFECTIVE.. Alt I may also be used. 52.247-65 F. o. b. Origin, Prepaid Freight--small package Shipments YES CO 52.247-66 Returnable Cylinders YES C 52.247-67 Submission of Commercial Transportation Bills to the General Services Administration for Audit no n/a 52.248-1 Value Engineering YES A OMB Circular A-131 52.248-2 Value Engineering--Architect- Engineer no n/a 52.248-3 Value Engineering--Construction no n/a 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form). no n/a Covered by 52.212-4(l) 52.249-2 Termination for Convenience of the Government (Fixed-Price). no n/a Covered by 52.212-4(l) 52.249-3 Termination for Convenience of the Government (Dismantling, Demolition, or Removal of Improvements) no n/a 52.249-4 Termination for Convenience of the Government (Services) (Short Form no n/a 52.249-5 Termination for Convenience of the Government (Educational and Other Nonprofit Institutions). no n/a 52.249-6 Termination (Cost-Reimbursement) no n/a 52.249-7 Termination (Fixed-Price Architect-Engineer). no n/a 52.249-8 Default (Fixed-Price Supply and Service). no n/a Covered by 52.212-4(m) 52.249-9 Default (Fixed-Price Research and Development). no n/a 52.249-10 Default (Fixed-Price Construction). no n/a 52.249-11 Termination of Work (Consolidated Facilities or Facilities Acquisition) no n/a 52.249-12 Termination (Personal Services). no n/a 52.249-13 Failure to Perform no n/a 52.249-14 Excusable Delays no n/a 52.250-1 Indemnification Under Public Law 85-804 no n/a 52.251-1 Government Supply Sources no n/a 52.251-2 Interagency Fleet Management system (IFMS) Vehicles and Related Services no n/a 52.252-1 Solicitation Provisions Incorporated by Reference no n/a 52.252-2 Clauses Incorporated by Reference no n/a 52.252-3 Alterations in Solicitation. no n/a 52.252-4 Alterations in Contract. no n/a 52.252-5 Authorized Deviations in Provisions no n/a 52.252-6 Authorized Deviations in Clauses no n/a 52.253-1 Computer Generated Forms no n/aGeneral Services Administration COMMERCIAL ITEMS CLAUSE LISTING Office of Acquisiton Policy NOT AN OFFICIAL DOCUMENT. DRAFT DATE: 3/6/96