FAR / DFARS Clause Library

Small Business Subcontracting Plan

Requires large business primes (other-than-small) to submit and maintain a Small Business Subcontracting Plan setting specific small business participation goals on contracts above the simplified acquisition threshold.

Limitations on Subcontracting

Sets the percentage of work a small business prime must self-perform on a set-aside contract (currently 50% for services and supplies, with similar limits for construction).

Post-Award Small Business Program Rerepresentation

Requires contractors to rerepresent their small business size status at multiple post-award checkpoints, including option exercises, novations, mergers, and the 5-year anniversary of long-term contracts.

Notice of Total Small Business Set-Aside

Restricts competition to small business concerns for the specific NAICS code identified in the solicitation.

Notice of HUBZone Set-Aside or Sole Source Award

Restricts competition to HUBZone small business concerns. Includes provisions for HUBZone sole-source awards.

Notice of Service-Disabled Veteran-Owned Small Business Set-Aside

Restricts competition to Service-Disabled Veteran-Owned Small Businesses (SDVOSBs). Includes sole-source provisions.

Notice of Set-Aside for Women-Owned Small Business

Restricts competition to Economically Disadvantaged Women-Owned Small Business (EDWOSB) concerns in eligible industries. Companion clause 52.219-30 covers WOSB set-asides.

Small Business Program Representations

Requires offerors to represent their small business status, including socioeconomic categories (HUBZone, SDVOSB, WOSB, EDWOSB, 8(a)) for the NAICS code applicable to the solicitation.

Utilization of Small Business Concerns

Requires large business primes to actively seek out small business subcontracting opportunities and treat small business participation as a contractual obligation.

Liquidated Damages — Subcontracting Plan

Establishes liquidated damages for primes that fail to make good-faith effort to comply with their Small Business Subcontracting Plan.

Instructions to Offerors — Commercial Products and Commercial Services

Standard instructions for preparing and submitting offers on commercial item solicitations issued under FAR Part 12.

Offeror Representations and Certifications — Commercial Products and Commercial Services

Self-certification of regulatory status, including small business size, set-aside eligibility, tax compliance, foreign ownership, and other federal program participation.

Contract Terms and Conditions — Commercial Products and Commercial Services

Default contract terms for commercial item acquisitions: inspection, acceptance, warranty, payment, termination, disputes, and intellectual property.

Simplified Acquisition Procedures

Streamlined procurement procedures for acquisitions below the simplified acquisition threshold ($250K for most acquisitions, higher for commercial items and emergencies).

Safeguarding Covered Defense Information and Cyber Incident Reporting

Requires DoD contractors and subcontractors handling Covered Defense Information (CDI) to implement NIST SP 800-171 security controls and report cyber incidents within 72 hours.

Notice of NIST SP 800-171 DoD Assessment Requirements

Requires offerors on DoD solicitations involving CDI to have a current Basic, Medium, or High self-assessment score posted in the Supplier Performance Risk System (SPRS).

NIST SP 800-171 DoD Assessment Requirements

Contract clause version of the SPRS requirement — flows down to subcontractors and requires score updates during performance.

Cybersecurity Maturity Model Certification Requirements

Implements the CMMC program — requires contractors handling FCI or CDI to achieve and maintain a CMMC certification at the level specified in the solicitation.

Basic Safeguarding of Covered Contractor Information Systems

Establishes 15 basic cybersecurity controls federal contractors must implement on systems processing or storing Federal Contract Information (FCI).

Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

Prohibits federal contractors from using or providing covered telecommunications equipment (Huawei, ZTE, Hytera, Hangzhou Hikvision, Dahua) or services that use such equipment in any government work.

Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities

Prohibits federal contractors from using Kaspersky Lab anti-virus software (and related products from successor or affiliated entities) on any system used in federal contract performance.

Privacy or Security Safeguards

Requires contractors handling information systems on behalf of the government to implement security safeguards and to comply with FedRAMP authorization where cloud services are involved.

Section 508 Accessibility Requirements

Implements Section 508 of the Rehabilitation Act — requires federal IT products and services to be accessible to people with disabilities, as detailed in the Section 508 Refresh standards.

Requirements for Certified Cost or Pricing Data

Requires offerors to submit certified cost or pricing data on negotiated contracts over the TINA threshold (currently $2 million) when no exception applies.

Prompt Payment

Establishes the government's obligation to pay valid invoices within 30 days (or other applicable timeframe) and the contractor's right to interest on late payments under the Prompt Payment Act.

Payments under Time-and-Materials and Labor-Hour Contracts

Governs payment of labor hours at fixed hourly rates and reimbursement of materials at actual cost under T&M and labor-hour contracts.

Subcontractor Certified Cost or Pricing Data

Requires primes to flow down TINA cost/pricing data requirements to subcontractors when the subcontract value exceeds the TINA threshold.

Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data — Modifications

Applies TINA cost/pricing data requirements to contract modifications over the TINA threshold.

Cost Accounting Standards

Requires contractors to comply with applicable Cost Accounting Standards (CAS) on negotiated contracts over the CAS threshold.

Payment by Electronic Funds Transfer — System for Award Management

Requires contractor banking information to be maintained in SAM.gov and payments to be made via EFT to the SAM-listed account.

Indefinite Quantity

Standard IDIQ contract clause establishing minimum and maximum order quantities, task order procedures, and ordering rights.

Ordering

Specifies how orders are placed under IDIQ contracts — typically by the contracting officer or designated ordering activities.

Option to Extend the Term of the Contract

Government's right to unilaterally extend the contract term (typically by exercising option periods) for an additional period at pre-negotiated pricing.

Option to Extend Services

Allows the government to unilaterally extend service contracts for up to 6 months beyond the contract term to bridge gaps in follow-on award timing.

Cost-Reimbursement Contract Adequate Accounting System

Establishes the requirement that contractors awarded cost-reimbursement contracts must have an accounting system adequate for determining costs applicable to the contract.

Termination for Convenience of the Government (Fixed-Price)

Allows the government to terminate all or part of a fixed-price contract for its convenience and pay the contractor reasonable settlement costs.

Default (Fixed-Price Supply and Service)

Authorizes the government to terminate a fixed-price contract for the contractor's failure to perform (delivery, performance, or going-concern failures).

Stop-Work Order

Allows the contracting officer to direct the contractor to stop all or any part of the work under a contract for up to 90 days.

Continuity of Services

Requires the contractor to provide for continuity of services during the transition to a new contractor (e.g., at recompete loss), including phase-in/phase-out support and personnel turnover.

Disputes

Implements the Contract Disputes Act — contractors must submit claims in writing to the contracting officer, who issues a final decision that can be appealed to the Boards of Contract Appeals or the U.S. Court of Federal Claims.

Inspection of Services — Fixed-Price

Establishes the government's right to inspect services performed under a fixed-price contract and to require re-performance of nonconforming services at the contractor's expense.

Changes — Fixed-Price

Authorizes the contracting officer to make unilateral changes within the general scope of the contract — and requires the contractor to perform as changed, subject to equitable adjustment.

Inspection of Supplies — Fixed-Price

Establishes the government's right to inspect supplies before and after acceptance, and the contractor's obligation to replace, repair, or refund for nonconforming supplies.

Equal Opportunity

Requires contractors to comply with Executive Order 11246's nondiscrimination requirements in employment and to file annual EEO-1 reports.

Combating Trafficking in Persons

Prohibits contractor and subcontractor engagement in trafficking, forced labor, and related conduct, and requires a written compliance plan for contracts over $500K performed outside the U.S.

Service Contract Labor Standards (Service Contract Act)

Implements the McNamara-O'Hara Service Contract Act — requires contractors performing federal service contracts to pay prevailing wages and fringe benefits per Department of Labor Wage Determinations.

Construction Wage Rate Requirements (Davis-Bacon Act)

Implements the Davis-Bacon Act — requires construction contractors on federally funded projects to pay laborers and mechanics at least the prevailing wage rates determined by the Department of Labor.

Contractor Code of Business Ethics and Conduct

Requires federal contractors with contracts over $6M and 120-day performance to maintain a written code of ethics, training program, internal reporting mechanism, and disclosure to the agency Inspector General of credible evidence of fraud, bribery, or False Claims Act violations.

System for Award Management

Requires offerors and contractors to be registered and active in SAM.gov to receive an award and to be paid under a federal contract.

System for Award Management Maintenance

Requires contractors to update SAM.gov representations within 30 days of any change and to re-certify annually.

Anti-Kickback Procedures

Prohibits federal contractors and their employees from soliciting, offering, accepting, or paying kickbacks in connection with government contracts. Requires written policies and reporting.

Display of Hotline Posters

Requires contractors to display fraud, waste, and abuse hotline posters (DoD or agency IG hotline) prominently in contractor work areas and to provide them to employees.

Fair Labor Standards Act and Service Contract Labor Standards — Price Adjustment (Multiple Year and Option Contracts)

Provides for price adjustments to Service Contract Act covered contracts when DOL Wage Determinations are updated during option exercises on multi-year contracts.

Fair Labor Standards Act and Service Contract Labor Standards — Price Adjustment

Counterpart to 52.222-43 for single-year SCA contracts — provides price adjustments when DOL Wage Determinations are updated during contract performance.

Service Contract Reporting Requirements

Requires contractors performing service contracts above $150K to report annual service contract data including labor hours and dollars by labor category to SAM.gov.

Rights in Data — General

Establishes the government's default rights in data first produced or delivered under a federal contract, and identifies categories of data where the contractor retains rights.

Rights in Data — Special Works

Default IP clause for 'special works' contracts (creative, audio-visual, training, or educational materials) — the government typically receives unlimited rights including copyright assignment.

Rights in Technical Data — Noncommercial Items

DoD-specific IP clause for noncommercial technical data. The government's rights are tiered based on funding source: unlimited (gov-funded), government purpose (mixed), or limited (privately funded).

Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation

DoD-specific IP clause for noncommercial software. Funding source determines whether the government gets unlimited, government purpose, restricted, or specifically negotiated rights.

Restrictions on Certain Foreign Purchases

Prohibits contractors from acquiring supplies and services from countries, entities, or individuals subject to U.S. economic sanctions administered by OFAC.

Buy American — Supplies

Implements the Buy American Act preference for domestic end products in federal acquisitions over the micro-purchase threshold.

Buy American — Free Trade Agreements — Israeli Trade Act

Applies the Buy American preference only to acquisitions where the Trade Agreements Act and Free Trade Agreements do not apply — generally, when value is below TAA thresholds.

Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran

Prohibits federal contractors from engaging in certain activities or transactions relating to Iran and requires offerors to certify their position. Part of broader Iran sanctions compliance framework.

Workers' Compensation Insurance (Defense Base Act)

Requires contractors performing federal contracts outside the U.S. to carry workers' compensation insurance under the Defense Base Act for employees working overseas.

Performance and Payment Bonds — Construction

Requires construction contractors to furnish performance and payment bonds (typically each at 100% of contract value) on contracts exceeding the Miller Act threshold ($150,000).