The Federal Acquisition Regulations (FAR) and Defense Federal Acquisition Regulations (DFAR) clauses applicable to procurement with federal funds are listed below and are incorporated into and form a part of the terms and conditions of some Purchase Orders. In the event of any conflict between the terms and conditions of these Federal Government Subcontract Provisions and any other provisions of the order, the terms and conditions of these Federal Government Subcontract Provisions shall prevail. The clauses contained in the referenced paragraphs of the Federal Acquisition Regulations (FAR) and the Defense Federal Acquisition Regulations (DFAR) are incorporated herein by reference. For the purposes of the University, in all of the following clauses, the terms "contract" shall mean the resultant order, and the term "contractor" shall mean "seller." The term "Government" shall mean "The University of New Mexico" and the terms "contracting officer" shall mean the "Director of Purchasing," except in those clauses with an "*" in the third column (Contract Grant). In the clauses marked with an "*", "Government" shall mean "United States Government."
If a Purchase Order is a subcontract under a Federal contract, all clauses referenced in the matrix will apply, subject to the dollar limitations and circumstances shown in the matrix.
If the Purchase Order is a subcontract under a Federal grant, only those clauses with a "G" in the Contract Grant column of the matrix are applicable.
Federal Acquisition Regulation clauses start with 52.xxx. Defense Federal Acquisition Regulation clauses start with 252.xxx. If you have any questions concerning the clauses referenced under these provisions, please contact the University of New Mexico Purchasing Department at (505) 277-2036 or purch@unm.edu.
| Number |
FAR Ref. |
Clause Title |
Contract Grant |
All |
>$2.5 K |
>$10 K |
>$100 K |
>$500 K |
Applies in These Circumstances |
| 52.203.3 |
3.202 |
Gratuities (Apr 1984) |
C |
X |
X |
X |
X |
X |
|
| 52.203-6 |
3.503-2 |
Restriction on Subcontractor Sales to Government (Jul 1995) |
C |
|
|
|
X |
X |
|
| 52.203.7 |
3.502-3 |
Anti-kickback Procedures (Jul 1995) |
CG |
|
|
|
X |
X |
|
| 252.203-7001 |
203-570-3 |
Prohibition on Persons Convicted of Fraud or other Defence Contract Related Felonies (Dec 2004) |
C |
|
|
|
X |
X |
DOD Funds |
| 52.203-12 |
3.808(b) |
Limitations on Payments to Influence Certain Federal Transactions (Jun 2003) |
CG |
|
|
|
X |
X |
|
| 52-204.2 |
4.404(a) |
Security Requirements (Aug 1996) |
C |
X |
X |
X |
X |
X |
Involves Classified Information |
| 52.215-2 |
15.209 |
Audit and Records - Negotiation (Jun 1999) |
C*G |
|
|
|
X |
X |
If Negotiated Award |
| 52.219-1 |
19.1008 |
Small Business Program Representations (May 2004) |
C |
X |
X |
X |
X |
X |
Applies only if business status is misrepresented |
| 52.219-8 |
19.708(a) |
Utilization of Small & Small Disadvantaged Business Concerns (May 2004) |
C |
|
|
|
|
X |
Does not apply to Small Businesses |
| 52.219-9 |
19.708(b) |
Small Business Subcontracting Plan (Jul 2005) |
C |
|
|
|
|
X |
Does not apply to Small Businesses |
| 52.222-4 |
22.305 |
Contract Work Hours & Safety Standards Act - Overtime Compensation (Jul 2005) |
CG |
X |
X |
X |
X |
X |
|
| 52.222-20 |
22.61 |
Walsh Healey Public Contracts Act (Dec 1996) |
C |
|
|
X |
X |
X |
|
| 52.222-26 |
22.810(e) |
Equal Opportunity (Apr 2002) |
CG |
X |
X |
X |
X |
X |
|
| 52.222-35 |
22.1308(a)
22.1310(A) |
Special Disabled Veterans/Veterans of the Vietnam Era, and Other Eligible Veterans (Dec 2001) |
C |
|
|
X |
X |
X |
|
| 52.222-36 |
22.1408(a) |
Affirmative Action for Handicapped Workers (Jun 1998) |
C |
|
X |
X |
X |
X |
|
| 52.222-37 |
22.1308(b) |
Employment Reports on Special Disabled Veterans & Veterans of Vietnam Era (Dec 2001) |
C |
|
|
X |
X |
X |
|
| 52.222-41 |
22.1006(a) |
Service Contract Act of 1965, as Amended (Jul 2005) |
C |
X |
X |
X |
X |
X |
|
| 52-223-3 |
23.303 |
Hazardous Material Identification & Material Safety Data (Jan 1997) |
C |
X |
X |
X |
X |
X |
Involves Hazardous Materials |
| 52.225-11 |
25.1102(c) |
Buy American Act - Construction Materials Under Trade Agreements (Jan 2005) |
|
|
|
|
|
|
|
| 52.225-13 |
25.1103(a) |
Restrictions on Certain Foreign Purchases (Mar 2005) |
C |
X |
X |
X |
X |
X |
|
| 252.225-7001 |
225.1101 |
Buy American Act & Balance of Payment Program (Jun 2005) |
C |
X |
X |
X |
X |
X |
DOD Funds |
| 52.227-1 |
27.201-2(a) |
Authorization & Consent (Jul 1995) |
C |
|
|
|
X |
X |
|
| 52.227-2 |
27.202-2 |
Notice & Assistance Re: Patent & Copyright Infringement (Aug 1996) |
C* |
|
|
|
X |
X |
|
| 52.227-10 |
27.207-2 |
Filing of Patent Applications - Classified Subject Matter (Apr 1984) |
C |
X |
X |
X |
X |
X |
Classified Matters |
| 52.227-11 |
27.303 |
Patent Rights - Retention by the Contractor (Short Form) (Jun 1997) |
C*G |
X |
X |
X |
X |
X |
Experimental R & D Work |
| 52.227-12 |
27.303 |
Patent Rights - Retention by the Contractor (Long Form) (Jan 1997) |
C*G |
X |
X |
X |
X |
X |
Experimental R & D Work |
| 52.227-14 |
27.409 |
Rights in Data - General (Jun 1987) |
C |
X |
X |
X |
X |
X |
|
| 52.227-7013 |
227.7103-6 |
Rights in Technical Data - Noncommercial Items (Nov 1995) |
C |
X |
X |
X |
X |
X |
DOD Technical Data/Computer Software Acquisition |
| 252.227-7014 |
227.7203 |
Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation (Jun 1995) |
|
|
|
|
|
|
|
| 252.227-7016 |
227.7103-6 or
227.7104 or
227.7203-6 |
Rights in Bid or Proposal Information (Jun 1995) |
C |
X |
X |
X |
X |
X |
DOD |
| 252.227-7019 |
227.7104 or
227.7203-6 |
Validation of Asserted Restrictions Computer Software (Jun 1995) |
C |
X |
X |
X |
X |
X |
DOD If order involves delivery of software |
| 252.227-7037 |
227.7102-3 or
227-7103-6 or
227-7104 or
227.7203-6 |
Validation of Restrictive Marking on Technical Data (Sept 1999) |
C |
X |
X |
X |
X |
X |
If 252.227-7013 applies |
| 52.233-1 |
33.215 |
Disputes (Jul 2002) |
C |
|
X |
X |
X |
X |
|
| 252.245-7001 |
245.505-14 |
Reports of Government Property (May 1994) |
C |
X |
X |
X |
X |
X |
DOD if acquisition of government property |
| 52.247-63 |
47.405 |
Preference for U.S. Flag Carriers (Jun 2003) |
C |
X |
X |
X |
X |
X |
International Travel |
| 252.247-7023 |
247.573 |
Transportation of Supplies by Sea (May 2002) |
C |
|
|
|
X |
X |
DOD if >$25,000 |
| 52.247-64 |
47.507 |
Preference for Privately Owned U.S. Flag Commercial Vessels (Apr 2003) |
C |
|
|
|
X |
X |
|
| 52.249-5 |
49.502(d) |
Termination for Convenience of Government (Educational and Other Nonprofit Reimbursement) (Sept 1996) |
C |
X |
X |
X |
X |
X |
|
| 252-249-7002 |
249.7003(c) |
Notification of Proposed Program Termination or Reduction (Dec 1996) |
C |
|
|
|
|
X |
DOD |
| 52.223-18 |
23.1105 |
Contractor Policy to Ban Text Messaging While Driving |
CG |
X |
X |
X |
X |
X |
|
| |
|
OMB Circular A-21 (Revised 5/10/04) Cost Principles for Educational Institutions |
|
|
|
|
|
|
|