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Sample Sales Proposal for Outsourcing

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					Analyzing Prime Contract Terms
and Conditions

                                Breakout Session #803
            Laurie Sandel, Compliance & Support
         Melisa Reyna, Procurement & Subcontracts
      Penny L. White, Procurement Process Management
                                 United Space Alliance, LLC


                                                 April 10, 2006
                                                  2:45 – 3:45

NCMA World Congress 2006                                                                    April 10–12, 2006
                                                                                            Hyatt Regency Atlanta
:
Achieving High Performance in Global Business: Leadership, Outsourcing, & Risk Management   Atlanta, GA             2
Who is USA?

    United Space Alliance builds on its unrivaled
    experience with the Space Shuttle and
    International Space Station to provide innovative
    solutions for current and future space
    exploration. USA’s capabilities include systems
    processing; space operations training; mission
    planning and analysis; mission operations;
    systems engineering and integration; technology
    management for space operations; and human
    factors.



NCMA World Congress 2006                                                                    April 10–12, 2006
                                                                                            Hyatt Regency Atlanta
:
Achieving High Performance in Global Business: Leadership, Outsourcing, & Risk Management   Atlanta, GA             3
                                                   DISCLAIMER

This briefing is based upon the 30+ years of the authors’ experience
and is for general informational/discussion/education purposes only
       This material should not be relied upon in the course of
   representation or in the forming of decisions in legal matters -
              independent counsel should be obtained.




NCMA World Congress 2006                                                                    April 10–12, 2006
                                                                                            Hyatt Regency Atlanta
:
Achieving High Performance in Global Business: Leadership, Outsourcing, & Risk Management   Atlanta, GA             4
Agenda
• Unique Prime Contractor/Subcontractor
  Relationship
• Overview of FAR
• Types of Flowdowns
• Analyzing Clauses
• Alterations
• Available Tools


NCMA World Congress 2006                                                                    April 10–12, 2006
                                                                                            Hyatt Regency Atlanta
:
Achieving High Performance in Global Business: Leadership, Outsourcing, & Risk Management   Atlanta, GA             5
Unique Prime Contractor/Subcontractor
Relationship
• Prime Contractor/Subcontractor Relationship
     – FAR is not applicable in its entirety
     – Subcontract falls under the U.C.C., parties are
       bound by U.C.C. requirements
             • FAR clauses included in subcontract are applicable to
               the extent they are agreed to by the parties
             • Failure to agree on mandatory flowdowns
                     – May result in no subcontract being issued
                     – Deviations can be requested from ACO, within their
                       authority
             • Failure for Prime to include mandatory flowdowns
                     – Responsibility rests with prime
                     – Government seeks restitution with prime only
                     – Prime carries the risk

NCMA World Congress 2006                                                                    April 10–12, 2006
                                                                                            Hyatt Regency Atlanta
:
Achieving High Performance in Global Business: Leadership, Outsourcing, & Risk Management   Atlanta, GA             6
FAR Overview
• Federal Acquisition Regulation (FAR)
  definition
     – Government regulations encapsulating
       codification of U.S. statutes, laws, and
       executive orders
     – Government agencies have FAR
       Supplements




NCMA World Congress 2006                                                                    April 10–12, 2006
                                                                                            Hyatt Regency Atlanta
:
Achieving High Performance in Global Business: Leadership, Outsourcing, & Risk Management   Atlanta, GA             7
FAR Overview cont.
• Availability
      – Paper Version published every January and July
        http://business.cch.com/govContracts/default.asp
      – On-line Versions:
              • http://farsite.hill.af.mil
              • http://www.arnet.gov/far/
      – Outdated clauses
              • Version included in your prime contract is version you
                are to follow, unless specifically superseded
              • Older versions can be found in the archive sections




 NCMA World Congress 2006                                                                    April 10–12, 2006
                                                                                             Hyatt Regency Atlanta
 :
 Achieving High Performance in Global Business: Leadership, Outsourcing, & Risk Management   Atlanta, GA             8
NCMA World Congress 2006                                                                    April 10–12, 2006
                                                                                            Hyatt Regency Atlanta
:
Achieving High Performance in Global Business: Leadership, Outsourcing, & Risk Management   Atlanta, GA             9
NCMA World Congress 2006                                                                    April 10–12, 2006
                                                                                            Hyatt Regency Atlanta
:
Achieving High Performance in Global Business: Leadership, Outsourcing, & Risk Management   Atlanta, GA             10
FAR Overview, Continued

• Part 52 – Contract Clauses
     – Section specific to the clauses that are to
       be included in a solicitation and/or
       government contract
     – Section 1-49 instructions to the
       government agencies on operations
             • They are applicable to prime contractors only to
               the extent specified in prime contract



NCMA World Congress 2006                                                                    April 10–12, 2006
                                                                                            Hyatt Regency Atlanta
:
Achieving High Performance in Global Business: Leadership, Outsourcing, & Risk Management   Atlanta, GA             11
FAR Overview, Continued

• Prescriptives
     – Each FAR clause, prior to the language of
       the clause itself, references a prescriptive
       clause
             • Calls out when the clause is applicable
             • The CO should include a clause in a
               government prime contract
             • Flow down requirements may be hidden in
               prescriptives


NCMA World Congress 2006                                                                    April 10–12, 2006
                                                                                            Hyatt Regency Atlanta
:
Achieving High Performance in Global Business: Leadership, Outsourcing, & Risk Management   Atlanta, GA             12
FAR Overview, Continued

For example:
52.245-5, Government Property (Cost-
  Reimbursement, Time-and-Material, or
  Labor-Hour Contracts)
“As prescribed in 45.106(f)(1), insert the
  following…..”



NCMA World Congress 2006                                                                    April 10–12, 2006
                                                                                            Hyatt Regency Atlanta
:
Achieving High Performance in Global Business: Leadership, Outsourcing, & Risk Management   Atlanta, GA             13
FAR Overview, Continued

• Executive Orders, Laws, and Statutes
     – Flow down of executive orders, laws, and
       statutes are more difficult to determine
       applicability.
     – Language may or may not be explicit
       regarding first-tier or lower subcontracts
     – May be implied or assumed to flow down
       (i.e., Greening the Government)


NCMA World Congress 2006                                                                    April 10–12, 2006
                                                                                            Hyatt Regency Atlanta
:
Achieving High Performance in Global Business: Leadership, Outsourcing, & Risk Management   Atlanta, GA             14
NCMA World Congress 2006                                                                    April 10–12, 2006
                                                                                            Hyatt Regency Atlanta
:
Achieving High Performance in Global Business: Leadership, Outsourcing, & Risk Management   Atlanta, GA             15
NCMA World Congress 2006                                                                    April 10–12, 2006
                                                                                            Hyatt Regency Atlanta
:
Achieving High Performance in Global Business: Leadership, Outsourcing, & Risk Management   Atlanta, GA             16
NCMA World Congress 2006                                                                    April 10–12, 2006
                                                                                            Hyatt Regency Atlanta
:
Achieving High Performance in Global Business: Leadership, Outsourcing, & Risk Management   Atlanta, GA             17
NCMA World Congress 2006                                                                    April 10–12, 2006
                                                                                            Hyatt Regency Atlanta
:
Achieving High Performance in Global Business: Leadership, Outsourcing, & Risk Management   Atlanta, GA             18
Types of Flowdowns

• Government Mandatory
     – Includes language in clause itself, or in
       FAR prescriptive
             • Thresholds
             • Applicability Statements
                     – What is being purchased
                     – Contract type




NCMA World Congress 2006                                                                    April 10–12, 2006
                                                                                            Hyatt Regency Atlanta
:
Achieving High Performance in Global Business: Leadership, Outsourcing, & Risk Management   Atlanta, GA             19
Types of Flowdowns

• Government Mandatory example
     52.244-6, Subcontracts for Commercial
      Items
             “(d) The Contractor shall include the terms of
               this clause, including this paragraph (d), in
               subcontracts awarded under this contract.”
     No threshold, as written



NCMA World Congress 2006                                                                    April 10–12, 2006
                                                                                            Hyatt Regency Atlanta
:
Achieving High Performance in Global Business: Leadership, Outsourcing, & Risk Management   Atlanta, GA             20
Types of Flowdowns

• Government Mandatory example
     52.203-6, Restrictions on Subcontractor
      Sales to the Government
             “(c) The Contractor agrees to incorporate the
               substance of this clause, including this
               paragraph (c), in all subcontracts under this
               contract which exceed $100,000.”
     Dollar threshold, substantially same


NCMA World Congress 2006                                                                    April 10–12, 2006
                                                                                            Hyatt Regency Atlanta
:
Achieving High Performance in Global Business: Leadership, Outsourcing, & Risk Management   Atlanta, GA             21
Types of Flowdowns, Continued

• Contract Mandatory
     – Included in your prime contract
     – Specific to the prime contract due to nature
       of the work or special requirements
             • Usually found in Section G or H of the prime
               contract




NCMA World Congress 2006                                                                    April 10–12, 2006
                                                                                            Hyatt Regency Atlanta
:
Achieving High Performance in Global Business: Leadership, Outsourcing, & Risk Management   Atlanta, GA             22
Types of Flowdowns, Continued

• Contract Mandatory, example
“Government-Provided Russian Language and
  Logistics Services (RLLS)
     The Seller is authorized use of the following RLLS in
       performance of this contract or any subcontract
       entered into…..
       This provision, including this flowdown
       requirement, shall be inserted in all subcontracts
       where it is anticipated that RLLS may be
       necessary for contract performance.”

NCMA World Congress 2006                                                                    April 10–12, 2006
                                                                                            Hyatt Regency Atlanta
:
Achieving High Performance in Global Business: Leadership, Outsourcing, & Risk Management   Atlanta, GA             23
Types of Flowdowns, Continued

• Business Recommended
     – Can prime contractor meet its obligations?
             • Reporting roll-ups
             • Turn around times
     – Reduce prime contract liability




NCMA World Congress 2006                                                                    April 10–12, 2006
                                                                                            Hyatt Regency Atlanta
:
Achieving High Performance in Global Business: Leadership, Outsourcing, & Risk Management   Atlanta, GA             24
Types of Flowdowns, Continued

• Business Recommended example
     – 52.243-1, Changes - Fixed Price
             • Not a mandatory flow-down
             • Prime contractor needs to be able to modify a
               subcontract affected by a government change
               directed to the prime




NCMA World Congress 2006                                                                    April 10–12, 2006
                                                                                            Hyatt Regency Atlanta
:
Achieving High Performance in Global Business: Leadership, Outsourcing, & Risk Management   Atlanta, GA             25
Types of Flowdowns, Continued

• Business recommended example
     – Where prime should replace the clause with
       alternate language specifically addressing
       relationship because the Government has more
       rights than the Prime Contract
     – 52.203-3, Gratuities
             “(d) The rights and remedies of the Government provided
               in this clause shall not be exclusive and are in addition to
               any other rights and remedies provided by law or under
               this contract.”



NCMA World Congress 2006                                                                    April 10–12, 2006
                                                                                            Hyatt Regency Atlanta
:
Achieving High Performance in Global Business: Leadership, Outsourcing, & Risk Management   Atlanta, GA             26
Do we really have to read
EVERYTHING?
• Locating and maintaining outdated FAR
  clauses
• Collecting information




NCMA World Congress 2006                                                                    April 10–12, 2006
                                                                                            Hyatt Regency Atlanta
:
Achieving High Performance in Global Business: Leadership, Outsourcing, & Risk Management   Atlanta, GA             27
Analyzing Clauses

• What do I look for?
     – Rights the government has by law
     – Language providing the Seller with rights
       above and beyond commercial practices
• Who in my organization should be
  involved?
     – Subject Matter Experts (SME)


NCMA World Congress 2006                                                                    April 10–12, 2006
                                                                                            Hyatt Regency Atlanta
:
Achieving High Performance in Global Business: Leadership, Outsourcing, & Risk Management   Atlanta, GA             28
Alterations

• Changes to reflect relationship of the
  Parties
     – Government
     – Prime Contractor
     – Contractor
     – Subcontractor
     – Lower-tier subcontractor


NCMA World Congress 2006                                                                    April 10–12, 2006
                                                                                            Hyatt Regency Atlanta
:
Achieving High Performance in Global Business: Leadership, Outsourcing, & Risk Management   Atlanta, GA             29
Alterations

• Changes to reflect relationship of the
  parties example
     – FAR 52.211-5, Material Requirements
             “Contracting Officer” means Buyer and
               “Government” means Buyer in the last
               sentence.”




NCMA World Congress 2006                                                                    April 10–12, 2006
                                                                                            Hyatt Regency Atlanta
:
Achieving High Performance in Global Business: Leadership, Outsourcing, & Risk Management   Atlanta, GA             30
Alterations

• Changes to protect the Government’s rights
     – FAR 52.245-5, Government Property (Cost-
       Reimbursement, Time-and-Material, or Labor
       Hour Contracts)
             “(g) Limited risk of loss (1) The Contractor shall not be
               liable for loss or destruction of, or damage to, the
               Government property provided under this contract or for
               expenses incidental to such loss, destruction, or damage,
               except as provided in subparagraphs (2) and (3)
               below….”
     – Paragraph (g) cannot be included in a subcontract
       except with Contracting Officer approval


NCMA World Congress 2006                                                                    April 10–12, 2006
                                                                                            Hyatt Regency Atlanta
:
Achieving High Performance in Global Business: Leadership, Outsourcing, & Risk Management   Atlanta, GA             31
Alterations

• Changes to limit the Seller’s rights
      – FAR 52.232-25, Prompt Payment
              “(4) Interest penalty. The designated payment office will
                pay an interest penalty automatically, without request
                from the Contractor, if payment is not made by the due
                date and the conditions listed in paragraphs (a)(4)(i)
                through (a)(4)(iii) of this clause are met, if applicable…..”
      – Commercial entities usually allow standard
        commercial business practices to prevail, but may
        negotiate a number of ways to resolve a late
        payment

 NCMA World Congress 2006                                                                    April 10–12, 2006
                                                                                             Hyatt Regency Atlanta
 :
 Achieving High Performance in Global Business: Leadership, Outsourcing, & Risk Management   Atlanta, GA             32
Alterations

• Changes to allow for turnaround time
     – FAR 52.225-8, Duty-Free Entry
             “In paragraph (c)(2), change “10 days” to “20
               days”
     – This allow the prime contractor to then
       submit the request to the Contracting
       Officer in compliance with the clause



NCMA World Congress 2006                                                                    April 10–12, 2006
                                                                                            Hyatt Regency Atlanta
:
Achieving High Performance in Global Business: Leadership, Outsourcing, & Risk Management   Atlanta, GA             33
Alterations, Continued

• Methods of Alterations
     – Definitions
     – Full Text
     – Each clause individually
     – Notes as alterations
     – Applicability statements




NCMA World Congress 2006                                                                    April 10–12, 2006
                                                                                            Hyatt Regency Atlanta
:
Achieving High Performance in Global Business: Leadership, Outsourcing, & Risk Management   Atlanta, GA             34
Alterations, Continued

• Definitions
     – “As used in this Order:
             • “Buyer” means [prime contractor]
             • “Contracting Officer” the Contractor-authorized
               Procurement Agent and procurement management
               personnel;
             • “Lower-tier Subcontractor” means any party entering into
               an agreement with the Subcontractor or any other party
               who has entered into a contract with the Subcontractor,
               for the furnishing of supplies or services required for the
               performance of this Order
             • “Subcontractor” and “Seller” means the business entity
               contracted to provide the materials, supplies, or services
               covered by this Order”…….

NCMA World Congress 2006                                                                    April 10–12, 2006
                                                                                            Hyatt Regency Atlanta
:
Achieving High Performance in Global Business: Leadership, Outsourcing, & Risk Management   Atlanta, GA             35
Alteration, Continued

• Full text
“FAR 52.211-5 Material Requirements, as
  modified
….(d) A proposal to provide used,
  reconditioned, or remanufactured
  supplies shall include a detailed
  description of such supplies and shall
  be submitted to the Buyer for approval.”

NCMA World Congress 2006                                                                    April 10–12, 2006
                                                                                            Hyatt Regency Atlanta
:
Achieving High Performance in Global Business: Leadership, Outsourcing, & Risk Management   Atlanta, GA             36
Alteration, Continued

• Each clause individually
“FAR 52.211-5 Material Requirements
       In paragraph (d) replace “Contracting
        Officer” with “Buyer’




NCMA World Congress 2006                                                                    April 10–12, 2006
                                                                                            Hyatt Regency Atlanta
:
Achieving High Performance in Global Business: Leadership, Outsourcing, & Risk Management   Atlanta, GA             37
Alteration, Continued

• Notes
• FAR 52.211-5 Material Requirements
       “See note 3.”

                     Note 2 - Insert “and Buyer” after Government”
                      throughout this clause.
                     Note 3 - Substitute “Buyer” for “Government” or “United
                      States” as applicable throughout this clause.




NCMA World Congress 2006                                                                    April 10–12, 2006
                                                                                            Hyatt Regency Atlanta
:
Achieving High Performance in Global Business: Leadership, Outsourcing, & Risk Management   Atlanta, GA             38
Alteration, Continued

• Applicability statement
• FAR 52.227-37, Employment Reports
  on Special Disabled Veterans, Veterans
  of the Vietnam Era, and Other Eligible
  Veterans
     “Applicable to Order that exceed $25,000 or
       more unless exempted by rules,
       regulations, or orders of the Secretary of
       Labor”

NCMA World Congress 2006                                                                    April 10–12, 2006
                                                                                            Hyatt Regency Atlanta
:
Achieving High Performance in Global Business: Leadership, Outsourcing, & Risk Management   Atlanta, GA             39
Waivers/Alterations to Mandatory
Clauses
     – Require Contracting Officer Consent
     – Prime Contractor must request on behalf of
       the subcontractor, if agreeable




NCMA World Congress 2006                                                                    April 10–12, 2006
                                                                                            Hyatt Regency Atlanta
:
Achieving High Performance in Global Business: Leadership, Outsourcing, & Risk Management   Atlanta, GA             40
Waivers/Alterations Continued
     – Recommend including the following in requests
             • Subcontractor information (location, business classification,
               place of performance, etc.)
             • Prime Contract Number
             • Purpose/commodity of subcontract
             • Subcontract Type
             • Dollar Value of Subcontract
             • Identify name and number of Prime Contract clause for which
               waiver is requested
             • Identify differences between Prime contract clause and
               alterations requested
             • Explain waiver rationale/justification in detail, including cost
               impact, if any
             • Identify any consideration the prime contractor is obtaining from
               the subcontractor for waivers, if any


NCMA World Congress 2006                                                                    April 10–12, 2006
                                                                                            Hyatt Regency Atlanta
:
Achieving High Performance in Global Business: Leadership, Outsourcing, & Risk Management   Atlanta, GA             41
Available Tools

• WIFCON – Vern Edwards Article
     – Mandatory clauses only
     – Excellent source for finding where
       mandatory language is included in a
       specific clause
     http://www.wifcon.com/analysis2004.htm#ver
       nflowdown



NCMA World Congress 2006                                                                    April 10–12, 2006
                                                                                            Hyatt Regency Atlanta
:
Achieving High Performance in Global Business: Leadership, Outsourcing, & Risk Management   Atlanta, GA             42
NCMA World Congress 2006                                                                    April 10–12, 2006
                                                                                            Hyatt Regency Atlanta
:
Achieving High Performance in Global Business: Leadership, Outsourcing, & Risk Management   Atlanta, GA             43
Available Tools

• Agency applicability matrices
     – FAR
     – NASA




NCMA World Congress 2006                                                                    April 10–12, 2006
                                                                                            Hyatt Regency Atlanta
:
Achieving High Performance in Global Business: Leadership, Outsourcing, & Risk Management   Atlanta, GA             44
NCMA World Congress 2006                                                                    April 10–12, 2006
                                                                                            Hyatt Regency Atlanta
:
Achieving High Performance in Global Business: Leadership, Outsourcing, & Risk Management   Atlanta, GA             45
1852.301 Solicitation Provisions and Contract Clauses (Matrix)

  Key:                                                               Principle Type and/or Purpose of Contract:

         Date          =      Effective Date                         FP SUP        =          Fixed-Price Supply                                                       DDR          =         Dismantling, Demolition,
         P or C        =      Provision or Clause;                   FP SVC        =          Fixed-Price Service                                                                             or Removal of Improvements
                              Text indicates subcontract             FP R&D        =          Fixed-Price Research and Development                                     A-E          =         Architect-Engineering
                              flow-down (*)                          FP CON        =          Fixed-Price Construction                                                 FAC          =         Facilities
         UCF         =        Uniform Contract Format Section        CR SUP        =          Cost-Reimbursement Supply                                                IND DEL      =         Indefinite Delivery
         Sub or Mod =         Text to be used "substantially         CR SVC        =          Cost-Reimbursement Service                                               TRN          =         Transportation
                              as stated" (S), or                     CR R&D        =          Cost-Reimbursement Research and Development                              SAP          =         Simplified Acquisition Procedures
                              specific modification allowed (M)      CR CON        =          Cost-Reimbursement Construction                                          UTL SVC      =         Utility Service
         FI            =      Contains Government Fill-In Spaces     T&M LH        =          Time & Material/Labor Hour

         ----------------------------------------------------

         Dollar Threshold Chart:

                   1 = $2,500 or Less   5 = Over $500,000            R = Required- - - - - - - - - - - - - - - - - - - - - -|         Clauses subject to a dollar threshold
                   2 = Over $2,500      6 = Over $1,000,000          A = Required-When-Applicable- - - - - - - - - - - |              may be optional below that threshold
                   3 = Over $25,000     7 = Over $2,500,000          O = Optional
                   4 = Over $100,000    8 = Over $25,000,000


Provision or Clause 1852.      Date     Prescribed     P       UCF   Sub       F                                                                     Principle Type and/or Purpose of Contract:
                                         in 18         or            or        I
                                                       C             Mod
                                                                                       FP      FP       FP         FP           CR     CR        CR       CR       T&M        DDR       A-E   FAC      IND     TRN    SAP     UTL
                                                                                       SUP     SVC      R&D        CON          SUP    SVC       R&D      CON       LH                                 DEL                    SVC
203-70 Display of Inspector    06/01    03.7001        C       I                       A       A        A          A            A      A         A        A        A          A         A     A        A       A              A
  General Hotline Posters
204-75 Security                09/89    04.404-70      C       I     M         x       A       A        A          A            A      A         A        A        A          A         A     A        A       A      A       A
  Classification
  Requirements
204-76 Security                07/02    04.470-4       C*      I     S         x       A       A        A          A            A      A         A        A        A          A         A     A        A       A      A       A
  Requirements for
  Unclassified Information
  Technology Resources
208-81 Restrictions on         10/01    08.870         C*      H                       A       A        A                       A      A         A                 A                    A     A        A       A      A       A
Printing and Duplicating
209-70 Product Removal         12/88    09.206-71      C       I                       A       A        A                       A      A         A                                                     A              A
  from Qualified Products
  List
209-71 Limitation of Future    12/88    09.507-2       C       H     S         x       O       O        O          O            O      O         O        O        O          O         O     O        O       O      O       O
  Contracting
209-72 Composition of the      12/88    09.670         C       I                       O       O        O          R            O      O         O        O        O          O         O     O        O       O      O       O
  Contractor



                   NCMA World Congress 2006                                                                                                                April 10–12, 2006
                                                                                                                                                           Hyatt Regency Atlanta
                   :
                   Achieving High Performance in Global Business: Leadership, Outsourcing, & Risk Management                                               Atlanta, GA                                                       46
Available Tools

• Major Prime contractor supplier
  websites
     – Won’t address what they didn’t flowdown
     – Usually geared to their primary customer
       (NASA, DoD, etc.)
     – Many are business decisions
     – Website Locations
             • “Doing Business”
             • “Supplier Net”


NCMA World Congress 2006                                                                    April 10–12, 2006
                                                                                            Hyatt Regency Atlanta
:
Achieving High Performance in Global Business: Leadership, Outsourcing, & Risk Management   Atlanta, GA             47
Available Tools

• Excel Spreadsheets
     – Sample of format
     – Agency Flowdown matrices




NCMA World Congress 2006                                                                    April 10–12, 2006
                                                                                            Hyatt Regency Atlanta
:
Achieving High Performance in Global Business: Leadership, Outsourcing, & Risk Management   Atlanta, GA             48
                                                                                SUBCONTRACT PROVISIONS
                                                                            PRIME CONTRACT XXXXXXXXXXXXX




                                                                                                                        THRESHOLD




                                                                                                                                                                                          FACILITIES
                                                                                                                        DOLLAR




                                                                                                                                                                                CONSTR.
                                                                                                                                                                      SERVICE
                                                                                                                                       CODE



                                                                                                                                               FFP



                                                                                                                                                           CPI
                                                                                                                                                     FPI



                                                                                                                                                                 CR
FAR/NFS      FORM                 CLAUSE TITLES                                                                                                                                                        COMMENTS
52.202-1                          Definition (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 (Jul 1995)
52.203-7                          Anti-Kickback Procedures (Jul 1995)
                                  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)           >100k         MWA      X     X     X     X    X         X         X
52.204-2                          Security Requirements (Aug 1996)
52.204-4                          Printing/Copying Double-Sided on Recycled Paper (Jun 1996)
52.209-6                          Protecting the Government's Interest when Subcontracting with Contractors Debarred,
                                  Suspended or Proposed for Debarment (Jul 1995)
52.211-15                         Defense Priority and Allocation Requirement (Sep 1990)                                              GM       X     X     X     X    X         X         X
52.215-2                          Audit and Records – Negotiations (Aug 1996)
52.215-21                         Changes or Additions to Make-or-Buy Program (Apr 1984), Alt. II (Apr 1984)                          p                                                                Prime Contract
                                                                                                                                                                                                       version may be
                                                                                                                                                                                                       included for critical
                                                                                                                                                                                                       subcontracts
52.219-8                                                                             -Owned Small Business Concerns
                                  Utilization of Small, Small Disadvantaged, and Women                                                GM       X     X     X     X    X         X         X
                                  (Oct 1995)
52.219-9                          Small, Small Disadvantaged, and Women    -Owned Small Business Subcontracting Plan    >$500K        MWA      X     X     X     X    X         X         X            Does not apply to
                                                                                                                                                                                                       SB/WOB/SDB

       NF = NOT A FLOWDOWN
       PC = REQUIRED BY PRIME
       CONTRACTOR
       GM = GOV'T MANDATORY
       MWA = MANDATORY WHEN
       APPLICABLE
       FP = FIXED PRICE ONLY
       FPA = FIXED PRICE WHEN APPLICABLE




              NCMA World Congress 2006                                                                                              April 10–12, 2006
                                                                                                                                    Hyatt Regency Atlanta
              :
              Achieving High Performance in Global Business: Leadership, Outsourcing, & Risk Management                             Atlanta, GA                                                                          49

				
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