The following clauses includes FAR amendments through FAC 90-34, 1995. DOD FAR amendments through DAC 91-9, 1995. AFMC amendments through AFMC FAC 95-2, 1995. AFARS through AFAC 92-48, 1995.
The following clauses apply to all CLINs except 0003 - 0005 & 0008- 0010 unless otherwise noted. 1. FAR CLAUSES INCORPORATED HEREIN BY REFERENCE
52.202-1 Definitions OCT 1995
52.203-3 Gratuities APR 1984
52.203-5 Covenant Against Contingent Fees APR 1984
52.203-6 Restrictions on Subcontractor Sales to the Government OCT 1995
52.203-7 Anti-Kickback Procedures JUL 1995
52.203-9 Requirement for Certificate of Procurement Integrity-Modification SEP 1995
52.203-10 Price or Fee Adjustment for Illegal or Improper Activity SEP 1990
52.203-12 Limitation on Payments to Influence Certain Federal Transactions JAN 1990
52.203-13 Procurement Integrity-Service Contracting SEP 1990
52.204-2 Security Requirements APR 1984
52.204-4 Printing/Copying Double-Sided on Recycled Paper MAY 1995
52.208-1 Required Sources for Jewel Bearings and Related Items APR 1984
52.209-6 Protecting the Government's Interest When Subcontracting With JUL 1995
Contractors Debarred, Suspended, or Proposed for Debarment
52.211-5 New Material MAY 1995
52.211-7 Other than New Material, Residual Inventory, and Former MAY 1995
Government Surplus Property
52.211-15 Defense Priority Allocation Requirements SEP 1990
52.215-2 Audit and Records-Negotiation OCT 1995
52.215-23 Price Reduction for Defective Cost or Pricing Data-Modifications OCT 1995
52.215-25 Subcontractor Cost or Pricing Data-Modifications OCT 1995
52.215-26 Integrity of Unit Prices OCT 1995
52.215-27 Termination of Defined Benefit Pension Plans SEP 1989
52.215-33 Order of Precedence JAN 1986
52.215-39 Reversion or Adjustment of Plans for Post-Retirement FEB 1995
Benefits Other Than Pensions (PRB)
52.215-40 Notification of Ownership Changes FEB 1995
52.215-41 Requirements for Cost or Pricing Data or Information OCT 1995
Other than Cost or Pricing Data --Alternate IV
52.215-42 Requirements for Cost & Pricing Data or Information OCT 1995
Other than Cost or Pricing Data -- Modification
52.216-7 Allowable Cost and Payment JUL 1995
52.216-8 Fixed Fee (CLIN 0006) JUL 1995
52.217-7 Option for Increased Quantity - Separately Priced Line Item MAR 1989
Fill-in * * To be provided by Offeror
52.219-8 Utilization of Small, Small Disadvantaged and Woman-Owned OCT 1995
Small Business Concerns
52.219-9 Small Business and Small Disadvantaged Business FEB 1995
Subcontracting Plan
52.219-16 Liquidated Damages -- Subcontracting Plan OCT 1995
52.222-1 Notice to the Government of Labor Disputes APR 1984
52.222-2 Payment for Overtime Premiums (In paragraph (a) insert "zero") JUL 1990
52.222-3 Convict Labor APR 1984
52.222-20 Walsh Healey Public Contracts Act APR 1984
52.222-26 Equal Opportunity APR 1984
52.222-28 Equal Opportunity Pre-Award Clearance of Subcontracts APR 1984
52.222-35 Affirmative Action for Special Disabled and Vietnam Era Veterans APR 1984
52.222-36 Affirmative Action for Handicapped Workers APR 1984
52.222-37 Employment Reports on Special Disabled Veterans JAN 1988
and Veterans of the Vietnam Era
52.223-2 Clean Air and Water APR 1984
52.223-3 Hazardous Material Identification and Material Safety Data NOV 1991
52.223-6 Drug-Free Workplace JUL 1990
52.223-14 Toxic Chemical Release Reporting OCT 1995
52.225-10 Duty Free Entry APR 1984
52.225-11 Restrictions on Certain Foreign Purchases MAY 1992
52.226-1 Utilization of Indian Organizations and Indian-Owned AUG 1991
Economic Enterprises
52.227-1 Authorization and Consent --Alternate I (JUL 1995) APR 1984
52.227-2 Notice and Assistance Regarding Patent and APR 1984
Copyright Infringement
52.227-10 Filing of Patent Applications -Classified Subject Matter APR 1984
52.227-12 Patent Rights -Retention by the Contractor (Long Form) JUN 1989
52.227-19 Commerical Computer Software - Restricted Rights JUN 1987
52.228-7 Insurance -Liability to Third Persons APR 1984
52.229-10 State of New Mexico Gross Receipts and Compensating Tax OCT 1988
(In paragraph (c) insert "United States Air Force Phillips
Laboratory and the New Mexico Taxation and Revenue Department".)
(In paragraph (g) insert "The United States Air Force, Phillips Laboratory")
52.230-2 Cost Accounting Standards AUG 1992
52.230-5 Administration of Cost Accounting Standards FEB 1995
52.232-9 Limitation on Withholding of Payments APR 1984
52.232-17 Interest JAN 1991
52.232-22 Limitation of Funds (0001, 0002, 0006, 0007,0011, 0012) APR 1984
52.232-23 Assignment of Claims Alternate I (APR 1984) JAN 1986
52.232-25 Prompt payment MAR 1994
52.232-28 Electronic Funds Transfer Payment Methods APR 1989
52.233-1 Disputes Alternate I (DEC 1991) OCT 1995
52.233-3 Protest After Award--Alternate I (JUN 1985) OCT 1995
52.237-2 Protection of Government Buildings, Equipment, and Vegetation. APR 1984
52.242-1 Notice of Intent to Disallow Costs APR 1984
52.242-4 Certification of Indirect Costs OCT 1995
52.242-13 Bankruptcy JUL 1995
52.242-10 F.O.B. Origin-Government Bills of Lading or Prepaid Postage APR 1984
52.243-1 Changes - Fixed Price-- Alternate V (APR 1984) AUG 1987
52.243-2 Changes -Cost-Reimbursement -- Alternate II ( APR 1984) AUG 1987
Alternate V (APR 1984)
52-243-3 Penalties for Unallowable Costs OCT 1995
52.243-6 Change Order Accounting APR 1984
52.243-7 Notification of Changes APR 1984
(In paragraph (b) and (d) insert "Thirty (30)" days and
"Thirty (30)" days, respectively. In paragraph (d) the term
"Contracting Officer" shall be deemed to be revised to read
"Procuring Contracting Officer".)
52.244-5 Competition in Subcontracting APR 1984
52.245-5 Government Property (Cost -Reimbursement,Time-and-Material, JAN 1986
or Labor-Hour Contracts) (Also applies to CLINs 0003- 0005 &
0008 - 0010)
52.245-18 Special Test Equipment FEB 1993
52.245-19 Government Property Furnished "As Is" (Also applies to APR 1984
CLINs 0003 & 0008 )
52.246-24 Limitation of Liability - High Value Items APR 1984
52.246-25 Limitation of Liability -Services APR 1984
52.247-1 Commercial Bill of Lading Notations APR 1984
In paragraphs (a) and (b), insert "Phillips Laboratory ABL SPO".
52.247-67 Submission of Commercial Transportation Bills to the General FEB 1995
52.249-6 Termination (Cost-Reimbursement) MAY 1986
52.249-14 Excusable Delays APR 1984
52.251-1 Government Supply Sources APR 1984
52.252-2 Clauses Incorporated by Reference JUN 1988
52.253-1 Computer Generated Forms JAN 1991
52.252-4 Alterations in Contract APR 1984
Portions of this contract are altered as follows:
(1) FAR Clause 52.204-2 entitled "Security Requirements" is revised as follows:
(a) The word "(DEVIATION)" s added after the clause
(b) Paragraph (b) is revised to read as follows:
(b) The contractor shall comply with (1) the Security Agreement (DD Form 441), including the National Industrial Security Program Operating Manual (DoD 5220.22-M), and (2) any revisions to that manual, notice of which has been furnished to the Contractor (Reference AFAC 92-48)
(2) FAR Clause 52.216-7 entitled "Allowable Cost and Payment" is revised as follows:
(a) The word "(DEVIATION)" is added after the clause date which is changed to JUL 1995.
(b) Paragraphs (d) (4), (f) and (h) are revised and paragraph (d) (5) is added as follows:
(d) (4) Within 120 days after settlement of the final indirect cost rates covering the year in which this contract is physically complete, the Contractor shall submit a completion invoice or voucher to reflect the settled amounts and rates.
(d) (5) Failure by the parties to agree on a final annual indirect cost rate shall be a dispute within the meaning of the Disputes clause.
(f) Quick-closeout procedures. Quick-closeout procedures are applicable when the conditions in FAR 42.708(a) are satisfied.
(h) Final Payment. Upon approval of a completion invoice or voucher submitted by the Contractor in accordance with (d) (a), and upon the Contractor's compliance with all terms of this contract, the Government shall promptly pay any balance of allowable costs and that part of the fee (if any) not previously paid. (Reference AFAC 92-49)
(3) FAR Clause 52.216-8 entitled "Fixed Fee" is revised to read as follows:
(a) The word "(DEVIATION)" is added after the clause date which is changed to JUL 1995.
(b) Paragraph (b) is revised to read as follows:
(b) Payment of the fixed fee shall be made as specified in the Schedule; provided, that after payment of 85 percent of the fixed fee, the Contracting Officer may withhold further payment of fee until a reserve is set aside in an amount that the Contracting Officer considers necessary to protect the Government's interest. This reserve shall not exceed 15 percent of the total fixed fee or $100,000.00, whichever is less. The Contracting Officer shall release 75 percent of all fee withholds under this contract after receipt of the certified final indirect cost rate proposal covering the year of physical completion of this contract, provided the Contractor has satisfied all other contract terms and conditions, including the submission of the final patent and royalty reports, and is not delinquent is submitting final vouchers on prior years' settlements. The Contracting Officer may release up to 90 percent of the fee withhold under this contract based on the Contractor's past performance related to the submission and settlement of final indirect cost rate proposals. (Reference AFAC 92-49)
(4) FAR Clause 52.245-5 entitled "Government Property (Cost Reimbursement, Time-and-Material, or Labor-Hour Contracts)" is revised as follows:
(a) The word "(DEVIATION)" is added after the clause date.
(b) Paragraph (g) (5) is revised to read as follows:
"(5) The contractor shall notify the Contracting Officer upon loss or destruction of, or damage to, Government property provided under this contract with the exception of low value property for which loss, damage, or destruction is reported at contract termination, completion, or when needed for continued contract performance. The Contractor shall take all reasonable action to protect the Government property from further damage, separate the damaged and undamaged Government property, put all the affected Government property in the best possible order, and furnish to the Contracting Officer a statement of ..... (AFAC 92-49)
(5) DFAR Clause 252.219-7004 entitled "Small Business and Small Disadvantaged Business Subcontracting Plan (Test Program)" is revised as follows:
(a) The word "(DEVIATION)" is added after the clause date which is changed to JUL 1995.
(b) Paragraph (b) is revised to read as follows:
(b) The Offeror's comprehensive small business subcontracting plan and its successors, which are authorized by and approved under the test program of Section 834 of Pub. L. 101-189, [as amended by Section 7103 of Pub. L. 103-355] shall be included in and made a part of the resultant contract. Upon expulsion from the test program or expiration of the test program, the Contractor shall negotiate an individual subcontracting plan for all future contracts that meet the requirement of Section 211 of Pub. L. 95-907" (Reference AFAC 92-49).
2. DOD FAR SUPPLEMENT CLAUSES INCORPORATED HEREIN BY REFERENCE
252.203-7000 Statutory Prohibitions on Compensation to Former Department NOV 1995
of Defense Employees
252.203-7001 Special Prohibition on Employment NOV 1995
252.203-7002 Display of DoD Hotline Poster DEC 1991
252.204-7000 Disclosure of Information DEC 1991
252.204-7002 Payment for Subline Items Not Separately Priced DEC 1991
252.204-7003 Control of Government Personnel Work Product APR 1992
252.205-7000 Provision of Information to Cooperative Agreement Holders DEC 1991
252.208-7000 Intent to Furnish Precious Metals as Government- Furnished DEC 1991
Material
252.209-7000 Acquisition From Subcontractors Subject to On-site Inspection NOV 1995
Under the Intermediate-Range Nuclear Forces (INF) Treaty
252.209-7004 Reporting of Commercial Transactions with the Government SEP 1994
of a Terrorist Country
252.215-7000 Pricing Adjustments DEC 1991
252.215-7002 Cost Estimating System Requirements DEC 1991
252.219-7003 Small Business and Small Disadvantaged Business MAY 1994
Subcontracting Plan
252.219-7004 Small Business and Small Disadvantaged Business JUL 1995
Subcontracting Plan (Test Program)
252.219-7006 Notice of Evaluation Preference for Small Disadvantaged MAY 1995
Business Concerns. --Alternate I (MAY 1994)
__ Offeror elects to waive the preference
252.223-7004 Drug-Free Work Force SEP 1988
252.223-7006 Prohibition on storage and disposal of toxic and APR 1993
hazardous materials
252.225-7001 Buy American Act and Balance of Payments Program JAN 1994
252.225-7002 Qualifying Country Sources as Subcontractors DEC 1991
252.225-7008 Supplies to be Accorded Duty Free Entry DEC 1991
252.225-7009 Duty-Free Entry -Qualifying Country End Products and Supplies DEC 1991
252.225-7012 Preference for Certain Domestic Commodities NOV 1995
252.225-7014 Preference for Domestic Specialty Metals-Alternate I (DEC 1991) NOV 1995
252.225-7016 Restriction on Acquisition of Anti-friction Bearings NOV 1995
252.225-7018 Restrictive Markings on Technical Data MAY 1994
252.225-7022 Restrictions on Acquisition of Polacrylonitrile (PAN) DEC 1991
based Carbon Fiber
252.225-7025 Foreign Source Restrictions APR 1993
252.225-7031 Secondary Arab Boycott of Israel JUN 1992
252.227-7013 Rights in Technical Data--Non-commercial Items JUN 1995
252.227-7014 Rights in Non-commercial Computer Software and JUN 1995
Non-commercial Computer Software Documentation
252.227-7016 Rights in Bid or Proposal Information JUN 1995
252.227-7026 Deferred Delivery of Technical Data or Computer Software APR 1988
252.227-7027 Deferred Ordering of Technical Data or Computer Software APR 1988
252.227-7030 Technical Data -Withholding of Payment OCT 1988
252.227-7036 Certification of Technical Data Conformity MAY 1987
252.227-7037 Validation of Restrictive Markings on Technical Data JUN 1995
252.228-7002 Aircraft Flight Risk DEC 1991
252.228-7005 Accident Reporting and Investigation Involving Aircraft DEC 1991
Missile and Space Launch Vehicles
252.231-7000 Supplemental Cost Principles DEC 1991
252.232-7005 Reimbursement of Subcontractor Advance Payments DEC 1991
-DoD Pilot Mentor-Protege Program
252.232-7006 Reduction or Suspension of Contract Payments Upon AUG 1992
Finding of Fraud
252.232-7007 Limitation of Government's Obligation (CLINs 0003 -0005 AUG 1993
& 0008 - 0010)
252.233-7000 Certification of Claims and Requests for Adjustment or Relief MAY 1994
252.234-7001 Cost /Schedule Control Systems DEC 1991
252.235-7003 Frequency Authorization Alternate I (DEC 1991) DEC 1991
252.242-7000 Post-Award Conference DEC 1991
252.242-7004 Material Management and Accounting System DEC 1991
252.243-7000 Engineering Change Proposals --Alternate I (MAY 1994) MAY 1994
In paragraph (d) insert * "To be included in Definitive Contract"
252.245-7001 Reports of Government Property MAY 1994
252.247-7023 Transportation of Supplies by Sea NOV 1995
252.247-7024 Notification of Transportation of Supplies by Sea NOV 1995
252.249-7001 Notification of Substantial Impact on Employment DEC 1991
252.249-7002 Notification of Proposed Program Termination or Reduction MAY 1995
252.251-7000 Ordering From Government Supply Sources MAY 1995
3. AF FAR SUPPLEMENT CLAUSES INCORPORATED HEREIN BY REFERENCE
5352.204-9000 Notification of Government Security Activity SEP 1985
5352.204-9001 Visitor Group Security Requirements JAN 1990
5352.212-9000 Contractor Reporting Requirements JUL 1992
5352.215-9009 Submission of Certified Cost or Pricing Data JUL 1992
5352.219-9001 Incorporation Of Subcontracting Plan JUL 1992
Insert the following: The subcontracting plan contained in [ ** ] dated [ ** ] is incorporated herein by reference. The small business goal is [ ** ]. The small disadvantaged business goal is [ ** ].
4. THE FOLLOWING ADDITIONAL SPECIAL CONTRACT REQUIREMENTS ARE APPLICABLE TO THIS CONTRACT:
ENABLING CLAUSE FOR TECHNICAL REVIEW (DOES NOT APPLY TO CLINs 0003 - 0005 & 0008 - 0010)
(a) The Air Force Space and Missile Systems Center (SMC) is responsible for management of this contract. The Air Force has entered into a contract with The Aerospace Corporation for the services of a technical group which will support the DoD program office by performing Technical Review tasks.
(b) Technical Review (TR) is the process of appraising the technical performance of the contractor through meetings, exchanging information on progress and problems, reviewing reports, evaluating presentations, reviewing hardware and software, witnessing and evaluating tests, analyzing plans for future work, evaluating efforts relative to contract technical objectives, and providing comments and recommendations in writing to the Air Force Manager as an independent technical assessment for his consideration for modifying the program or redirecting the contractors' efforts to assure timely and economical accomplishment of program objectives.
(c) In the performance of this contract, the Contractor agrees to cooperate with The Aerospace Corporation by responding to invitations from authorized personnel to attend meetings; by providing access to technical information and research, development, and planning data such as, but not limited to, design and development analyses; test data and results; equipment and process specifications; test and test equipment specifications and procedures, parts and quality control procedures, records and data; manufacturing and assembly procedures; and schedule and milestone data, all in their original form or reproduced form and excluding financial data; by delivering data as specified in the Contract Data Requirements List; by discussing technical matters relating to this program; by providing access to Contractor facilities utilized in the performance of this contract; and by allowing observation of technical activities by appropriate Aerospace technical personnel. The Aerospace personnel engaged in technical review effort are authorized access to any technical information pertaining to the contract.
(d) The contractor further agrees to include in each subcontract a clause requiring compliance by the subcontractor and succeeding levels of subcontractors with the response and access provisions of paragraph (c) above, subject to coordination with the Contractor. This agreement does not relieve the Contractor of his responsibility to manage the subcontracts effectively and efficiently nor is it intended to establish privity of contract between the Government or The Aerospace Corporation and such subcontractors.
(e) The Aerospace Corporation personnel are not authorized to direct the Contractor in any manner. The Contractor agrees to accept technical direction as follows:
(1) Technical direction under this contract will be given to the Contractor solely by the ABL SPO (SMC/TM).
(2) Whenever it becomes necessary to modify the contract and redirect the effort, a Change Order signed by the Contracting Officer, or a Supplemental Agreement signed by both the Contracting Officer and the Contractor will be issued.
DEFINITIONS OF APPROVALS BY GOVERNMENT
Unless expressly stipulated elsewhere in this contract as being excepted from this clause, wherever this contract provides for submittal of designs, components, or other items for approval of the Contracting Officer or other authorized Government representative, such approvals shall not be construed as a complete check as to the adequacy of said design or item, nor as an agreement that the design or items will meet the requirements of the Statement of Work. Such approvals are for the purpose of insuring Government knowledge of Contractor's plans and progress and will indicate only that the Contractor's general approach toward meeting contractual requirements is satisfactory. Such approvals shall in no way relieve the Contractor of the responsibility for any error or deficiency which may exist in the submitted design or other item, as the Contractor shall be responsible for meeting all the requirements of the contract Statement of Work.
5. COMMERCIAL CLAUSES (APPLICABLE TO CLINs 0003 -0005 & 0008 -0010)
The following FAR and DFAR clauses, as modified, shall apply to the acquisition of the commercial items under this contract::
52.212-4 Contract Terms And Conditions--Commercial Items OCT 1995
52.244-6 Subcontracts for Commercial Items and Commercial Components OCT 1995
52.245-2 Government Property FEB 1995
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDER--COMMERCIAL ITEMS (JAN 1996)
(a) The Contractor agrees to comply with the following FAR clauses, which are incorporated in this contract by reference, to implement provisions of law or executive orders applicable to acquisitions of commercial items:
52.222-3 Convict Labor (E.O. 11755) APR 1984
52.233-3 Protest After Award (31 U.S.C. 3553 and 40 U.S.C 759) AUG 1989
(b) The Contractor agrees to comply with the FAR clauses in this paragraph (b), which the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items or components:
52.203-6 Restrictions on Subcontractor Sales to the Government-Alternate I OCT 1995
(41 U.S.C. 253g and 10 U.S.C. 2402)
52.203-10 Price or Fee Adjustment for Illegal or Improper Activity SEP 1990
(41 U.S.C. 423)
52.219-8 Utilization of Small Business Concerns and Small Disadvantaged OCT 1995
Business Concerns (15 U.S.C. 637 (d) (2) and (3))
52.219-9 Small, Small Disadvantaged and Women-Owned Small FEB 1995
Business Subcontracting Plan (15 U.S.C. 637 (d) (4))
52.219-14 Limitation on Subcontracting (15 U.S.C. 637 (a) (14)) JAN 1991
52.222-26 Equal Opportunity (E.O. 11246) APR 1984
52.222-35 Affirmative Action for Special Disabled and Vietnam APR 1984
Era Veterans (38 U.S.C. 4212)
52.222-36 Affirmative Action for Handicapped Workers (29 U.S.C. 793) APR 1984
52.222-37 Employment Reports on Special Disabled Veterans and JAN 1988
Veterans of the Vietnam Era (38 U.S.C. 4212)
52.225-3 Buy American Act-Supplies (41 U.S.C. 10) JAN 1994
52.225-9 Buy American Act-Trade Agreements Act-Balance Payments JAN 1994
Program (41 U.S.C. 10, 19 U.S.C. 2501-2582)
52.225-18 European Union Sanctions for End Products (E.O. 12849) MAY 1995
52.225-19 European Union Sanctions for Services (E.O. 12849) MAY 1995
52.225-21 Buy American Act-North American Free Trade Agreement JAN 1994
Implementation Act-Balance of Payments Program
(41 U.S.C. 10, Pub. L. 103-187)
52.247-64 Preference for Privately Owned US-Flag Commercial Vessels APR 1984
(46 U.S.C. 1241)
(c) The Contractor agrees to comply with the FAR clauses in this paragraph (c), applicable to commercial services, which the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items or components:
52.222-41 Service Contract Act of 1965, as amended MAY 1989
(41 U.S.C. 351, et seq.)
52.222-42 Statement of Equivalent Rates for Federal Hires MAY 1989
(29 U.S.C. 206 and 41 U.S.C. 351, et seq.)
52. 222-43 Fair Labor Standards Act and Service Contract Act-Price MAY 1980
Adjustment (Multiple Year & Option Contract)
(29 U.S.C. 206 and 41 U.S.C. 351, et seq.)
52.222-44 Fair Labor Standards Act and Service Contract Act-Price MAY 1989
Adjustment (29 U.S.C. 206 and 41 U.S.C. 351, et seq.)
52.222-47 SCA Minimum Wages and Fringe Benefits Applicable to MAY 1989
Successor Contract Pursuant to Predecessor Contractor
Collective Bargaining Agreement (CBA)
(41 U.S.C. 351, et seq.)
(d) Comptroller General Examination of Record. The Contractor agrees to comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable time the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) or (d) of this clause, the Contractor is not required to include any FAR clause, other than those listed below (and as may be required by an addenda to this paragraph to establish the reasonableness of prices under Part 15), in a subcontract for commercial items or commercial components-
52.222-26 Equal Opportunity (E.O. 11246) APR 1984
52.222-35 Affirmative Action for Special Disabled and Vietnam APR 1984
Era Veterans (38 U.S.C. 2012 (a))
52.222-36 Affirmative Action for Handicapped Workers (29 U.S.C. 793). APR 1984
52.232-29 Terms for Financing of Purchases of Commercial Items OCT 1995
52.232-31 Invitation to Propose Financing Terms OCT 1995
52.247-64 Preference for Privately Owned US-Flagged Commercial APR 1984
Vessels (46 U.S.C. 1241) (flow down not required for
subcontracts awarded beginning May 1, 1996).