FAR-DFAR Flowdown Clauses for NGDS Subcontracts and POs

Government “Flow Down” Contract Provisions.

The term “FAR” and “DFAR,” when used in the following provisions, means the cited portion of the Federal Acquisition Regulations and Defense Federal Acquisition Regulations (which can be found at: http://farsite.hill.af.mil/). Subject to the interpretation rules set forth in Section 2 below, and only as applicable to this Subcontract and the Subcontractor, the following FAR and DFAR clauses and provisions are incorporated by reference in this Subcontract with the same force and effect as if they were given in full text (“FAR Flow Down Provisions”), clauses that do not apply to this subcontract and subcontract type are self- deleting:

 

FAR Clause, Title, and Date of Clause

Applicable to All Subcontracts

  • 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities – Jul 2018
  • 52.204-25  Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment – Aug 2019
  • 52.222-21 Prohibition of Segregated Facilities – Apr 2015
  • 52.222-26 Equal Opportunity – Apr 2015
  • 52.222-50 Combating Trafficking in Persons – Mar 2015
  • 52.225-13 Restrictions on Certain Foreign Purchases – Jun 2008
  • 52.227-11 Patent Rights – Ownership by the Contractor – May 2014 (Note: In accordance with FAR 27.303(b)(2), paragraph (e) is modified to include the requirements in FAR 27.303(b)(2)(i) through(iv). The frequency of reporting in (i) is annual.
  • 52.227-14 Rights in Data – General – May 2014
  • 52.230-2 Cost Accounting Standards – May 2014
  • 52.232-40 Providing Accelerated Payments to Small Business Subcontractors – Dec 2013
  • 52.245-1 Government Property, Alt II – Apr 2012

 

Contracts $10,000+

  • 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving – Aug 2011

 

Contracts $25,000+

  • 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards – Jul 2013

 

Contracts $30,000+

  • 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment – Aug 2013

 

Contracts $150,000+

  • 252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense Contract-Related Felonies – Dec 2008
  • 52.203-6 Restrictions on Subcontractor Sales to the Government – Sep 2006
  • 52.203-7 Anti-Kickback Procedures – May 2014
  • 52.203-12 Limitation on Payments to Influence Certain Federal Transactions – Oct 2010
  • 52.203-17 Contractor Employee Whistleblower Rights and Requirements to Inform Employees of Whistleblower Rights – Apr 2014
  • 52.222-35 Equal Opportunity for Veterans – Jul 2014
  • 52.222-37 Employment Reports on Veterans – Jul 2014

 

Contracts $250,000+

  • 52.215-14 Integrity of Unit Prices – Oct 2010
  • 52.219-8 Utilization of Small Business Concerns – Oct 2018
  • 52.222-40 Notification of Employee Rights Under National Labor Relations Act – Dec 2010
  • 52.222-54 Employment Eligibility Verification – Aug 2013
  • 52.223-99 Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors – Oct 2021

 

Contracts $650,000+

  • 52.219-9 Small Business Subcontracting Plan – Oct 2014

 

Contracts $6M+

  • 52.203-13 Contractor Code of Business Ethics and Conduct – Nov 2021
  • 52.203-14 Display of Hotline Poster(s) – Nov 2021

 

DFAR Clause, Title, and Date of Clause

Applicable to All Subcontracts

  • 252.203-7002 Requirement to Inform Employees of Whistleblower Rights – Jan 2009
  • 252.204-7000 Disclosure of Information – Oct 2016
  • 252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information – Oct 2016
  • 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
  • 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support – May 2016
  • 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services – Dec 2019
  • 252.211-7003 Item Identification and Valuation – Jan 2011
  • 252.225-7007 Prohibition on Acquisition of Certain Items from Communist Chinese Military Companies – Dec 2018
  • 252.225-7013 Duty-Free Entry – Dec 2009
  • 252.225-7048 Export-Controlled Items – Jun 2013
  • 252.225-7055 Representation Regarding Business Operations with the Maduro Regime – May 2022
  • 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime – May 2022
  • 252.227-7013 Rights in Technical Data-Noncommercial Items – Feb 2012
  • 252.227-7014 Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation – Feb 2012
  • 252.227-7037 Validation of Restrictive Markings on Technical Data –Jun 2012

 

Contracts $1M+

  • 252.225-7033 Waiver of United Kingdom Levies – Apr 2003

 

Rules for Interpretation of FAR Flow Down Provisions in this Subcontract.

Where appropriate to accomplish the purpose of the FAR or to protect BioFire’s interest, the FAR Flow Down Provisions incorporated by reference herein shall be interpreted and construed, to the extent appropriate, as set forth below..

  1. Except as provided for in subsection (b) below, whenever the following terms are used in the FAR Flow Down Provisions, they shall have the meaning set forth below:
    1. The term “Contract” shall mean “this Subcontract.”
    2. The term “Subcontract” shall mean “lower tier subcontract.”
    3. The term “Government,” “Contracting Officer,” “agency head” and equivalent terms shall mean BioFire.
    4. The term “Contractor” shall mean Subcontractor and, if required by the clause, “lower tier Subcontractors.”
  2. The definitions in subsection (a) shall not be applicable to the following clauses or to the terms therein, to the extent specified:
    1. Whenever there is a reference to “Government Property,” “Government Equipment,” “Government-Owned Property,” or equivalent terms which refer to Government property, these terms shall each remain unchanged.
    2. Whenever there is a reference to the right to inspect, examine or audit records, or to request or obtain information or reports from Contractor, the Government and BioFire shall have that right as respects Subcontractor.
    3. All references to a right to appeal or to the “Disputes” clause in the FAR Flow Down Provisions are hereby deleted. In no event shall any reference to a “Disputes” clause be construed to permit Subcontractor to prosecute or appeal either directly or indirectly or in the name of BioFire to the Contracting Officer of the Prime Contract.
    4. The terms “Government” or “Contracting Officer” do not change: (A) when a right, act, authorization or obligation can be granted or performed only by the Government, (B) when access to proprietary financial information or other proprietary data is required, (C) when title to property is to be transferred directly to Government.

Updated: September 23, 2022