FAR-HHSAR Flowdown Clauses for NIH Subcontracts and POs

Government “Flow Down” Contract Provisions.

The term “FAR” and “HHSAR,” when used in the following provisions, means the cited portion of the Federal Acquisition Regulations and Health and Human Services 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 HHSAR 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

  • 52.203-6 Restrictions on Subcontractor Sales to the Government – Sep 2006 (for $150k+)
  • 52.203-7 Anti-Kickback Procedures – May 2014 (for $150k+)
  • 52.203-12 Limitation on Payments to Influence Certain Federal Transactions – Oct 2010 (for $150k+)
  • 52.203-17 Contractor Employee Whistleblower Rights and Requirements to Inform Employees of Whistleblower Rights – Apr 2014 (for $150k+)
  • 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements – Feb 2015
  • 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards – Jul 2013 ($25k+)
  • 52.209-6 Protecting the Government’s Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment – Aug 2013 ($30k+)
  • 52.215-2 Audit and Records – Negotiation – Oct 2010
  • 52.215-12 Subcontractor Certified Cost or Pricing Data – Oct 2010
  • 52.215-14 Integrity of Unit Prices – Oct 2010 (for $150k+)
  • 52.219-8 Utilization of Small Business Concerns – Oct 2018 (for $250k+)
  • 52.219-9 Small Business Subcontracting Plan – Oct 2014 (for $650k+)
  • 52.219-28 Post-Award Small Business Program Representative – Jul 2013
  • 52.222-3 Convict Labor – Jun 2003
  • 52.222-21 Prohibition of Segregated Facilities – Apr 2015
  • 52.222-26 Equal Opportunity – Apr 2015
  • 52.222-35 Equal Opportunity for Veterans – Jul 2014 ($150k+)
  • 52.222-36 Equal Opportunity for Workers with Disabilities – Jul 2014 ($15k+)
  • 52.222-37 Employment Reports on Veterans – Jul 2014 ($150k+)
  • 52.222-40 Notification of Employee Rights Under National Labor Relations Act – Dec 2010 (for $250k+)
  • 52.222-50 Combating Trafficking in Persons – Mar 2015
  • 52.222-54 Employment Eligibility Verification – Aug 2013 (for $250k+)
  • 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving – Aug 2011
  • 52.225-13 Restrictions on Certain Foreign Purchases – Jun 2008
  • 52.227-1 Authorization and Consent – Dec 2007, Alternate I (Apr 1984)
  • 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement – Dec 2007
  • 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
  • 52.244-6 Subcontracts for Commercial Items – Apr 2015
  • 52.245-1 Government Property, Alt II – Apr 2012

  

HHSAR Clause, Title, and Date of Clause

  • 352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations – Jan 2010
  • 352.223-70 Safety and Health – Dec 2015
  • 352.227-70 Publications and Publicity – Jan 2006
  • 352.237-74 Non-Discrimination in Service Delivery – Dec 2015

 

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.”
    5. The definitions in subsection (a) shall not be applicable to the following clauses or to the terms therein, to the extent specified:
    6. 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.
    7. 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.
    8. 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.
    9. 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: March 1, 2019