UM Federal Acquisition Regulation




Limitation on payments to Influence Certain Federal Transactions: (Jan 1997) The contractor shall require the submittal of a certificate, a disclosure form, by any persons receiving any subcontract exceeding $100K under the federal contract.


Security Requirements: (Aug 1996) Add ALT 1(April 1984) applicable for educational institutions.


Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Jul 1995): Restricts subcontract to $25,000 for a contractor that has previously been debarred, suspended or proposed for debarment.


Stop-Work Order: Redesignated to FAR 52.242.15: add ALT 1 for Cost Reimbursable Contracts.


Audit Negotiation (Aug 1996): As prescribed in 15.106(c), in cost-reimbursement contracts with educational and other nonprofit institutions, add the provisions of OMB Circular No. A-133 "Audits of Institutions of Higher Learning and Other non-profit Institutions " apply to this contract.


Price Reduction for Defective Costs or Pricing Data (Oct 1995) OK As prescribed in 15.804.8(a); $500K threshold for cost & pricing data.


Termination of Defined Benefit Pension Plans (Mar 1996) OK As prescribed in 15.804-8(e), acceptable in contracts and solicitation for which it is anticipated that costs will be required or for which any preaward or postaward cost is subject to Part 31.


Facilities Capital Cost of Money (Sept 1987) This is not applicable to educational institutions. As prescribed in 15.904(a), clause applies to FAR Subpart 31.2 (commercial organizations). Replace with 52.215.31.


Waiver of Facilities Capital Cost of Money (Sep 1987): Use this clause instead of 52.215-30, which is not applicable.


Order of Precedence (Jan 1986) OK. Uniform contract format prescribed in 15.406-3(b)


Reversion or Adjustment of Plans for Post-retirement Benefits Other Than Pensions (PRB) (Mar 1996) Delete; used if contractor is subject to FAR Subpart 31.2 (commercial organizations). Educational institutions are subject to 31.3


Allowable Cost and Payment (Mar 1997): Clause applies to Cost Reimbursable contracts; modify clause for contract with educational institution. As prescribed in 16.307(a): delete from the clause paragraph (a) the words "Subpart 31.2" and substitute them with "Subpart 31.3"


Fixed Fee (March 1997) Delete. Not applicable to educational institutions; As prescribed in 16.307(b); used when cost plus Fixed Fee contract is contemplated.


Cost Contract - No Fee (Apr 1984) As prescribed in 16.307(e) insert when cost reimbursement contract is contemplated that provides no fee and is not a cost sharing contract or a facilities. Add ALT 1 for contracts with educational institution and /or nonprofit organization.


Predetermined Indirect Cost Rates (Aug 1996) OK. As prescribed in 16.307(i), used when cost reimbursement research & development contract with educational institution is contemplated and predetermined IDC rates are to be used.


Utilization of Small Business concerns and Small Disadvantaged and Women-Owned Small Business Concerns (Jun 1997) As prescribed in 19.708(a) the offeror shall submit and negotiate a subcontracting plan which separately addresses subcontracting with small business concerns, small disadvantaged business concerns and women-owned small business concerns. If the offeror is submitting and individual contract plan, the plan must separately address subcontracting with business concerns, small disadvantaged business concerns, and women-owned small business concerns with a separate part for the basic contract and separate parts for each option. The subcontracting plan shall include

  1. Goals, expressed in terms of percentage of total planned subcontracting dollars.
  2. Statement of total dollars planned to be subcontracted (a) total dollars to be subcontracted to small business concerns (b) total dollars to be subcontracted to small disadvantaged business concerns and (c) total dollars to be subcontracted to women-owned small business concerns.
  3. Description of types of supplies and services to be subcontracted and identification to the types of subcontracting to small business, small disadvantaged and women-owned business.
  4. Description of method used to develop the subcontracting goals.
  5. Description of method used to identify sources for solicitation,
  6. A Statement whether or not the offerer included indirect costs in establishing subcontracting goals and description used to determinate the proportionate share of the indirect cost incurred with small business, small disadvantaged business and women-owned business concerns.
  7. Description of efforts the offeror will make to assure all small business concerns have an equitable opportunity to compete for subcontracts.
  8. Assurances that offeror will include the clause entitled "Utilization of Small, Small Disadvantaged and Women -Owned Small Business Concerns" and offeror will require all subcontractors who received subcontracts in excess of $500,000 to adopt a plan similar to the plan agreed to by the offeror.


Liquidated Damages - Subcontracting Plan (Aug 1995): Delete. As an agency of the State of Maryland, UM cannot agree to obligate funds not already budgeted and appropriated.


Preference for Labor Surplus Area Concerns: (April 1984) Clause is now "Reserved" in FAR.


Utilization of labor surplus Area Concerns (April 1984): Clause is now "Reserved" in FAR.


Labor Surplus Area Subcontracting Program (April 1984): Clause is now "Reserved" in the FAR.


Notice to the Government of Labor Disputes: (February 1997) OK. Prescribed at 22.103-5(a).


Payment for Overtime Premiums (July 1990) As prescribed in 22.103-5(b) the use of Payment for Overtime Premium may be included when a cost reimbursement contract is contemplated and the contract is expected to be over $100,000. The following clause should be inserted "The use of overtime is authorized under this contract if the overtime premium cost does not exceed *___________." (* Insert either zero or the dollar amount agreed to during negotiations.)


Walsh Healy Public Contract Act (April 1984): As prescribed in 22.610.If the contract is for the manufacture or furnishing of materials, supplies, articles or equipment in an amount that exceeds $10,000, and is subject to Walsh-Healy Public Contracts Act, the following terms and conditions apply: (A) All stipulations required by the Act and regulations by the Secretary of Labor are incorporated by reference. (B) All employees whose work relates to this contract shall be paid not less than the minimum wage. Learners, student learners, apprentices and handicapped workers may be employed at less than the prescribed minimum wage to the extent that such employment is permitted under the Fair Labor Standards Act.


Equal Opportunity (April 1984) OK As prescribed in 22.810 (d), if during any 12 month period the contractor has been awarded federal contracts/subcontracts that have a value in excess of $10,000 the contractor shall comply and provide information necessary to determine the applicability of this clause. This includes information during the performance of the contract that the contractor shall not discriminate against any employees based on race, color, religion, sex or national origin.


Equal Opportunity Preaward Clearance of Subcontracts (April 1984) OK. As prescribed in 22.810 (g) the contractor shall not enter into a first-tier subcontract for an estimated amount or actual amount of $1 Million or without obtaining in writing from the Contracting Officer in clearance that the proposed subcontractor is in compliance with equal opportunity requirements and is therefore eligible for award. Clause is now "Reserved" in FAR.


Clear Air and Water (April 1984) OK Prescribed in 23.105(b); applicable if the contract exceeds $100,000. Clause is now "Reserved" in FAR.


Hazardous material Identification and Materials Safety Data (January 1997) OK As prescribed in 23.303; offerer list any materials listed as hazardous to be delivered under the contract. Hazardous material identified shall be included in the Material Safety Data Sheet submitted under the contract. See Alternate 1 (July 1995) if the contract is awarded by an agency other than the Dept of Defense.


Drug -Free Workplace (January 1997) OK Prescribed in 23.505(a); applicable in contracts and solicitation of (1) any dollar value if awarded to an individual or (2) exceeds the simplified acquisition threshold ($100K) if the contract to be awarded to other than an individual. Exception: Prescribed in 23.505(b): Clause shall not be inserted if the solicitation or contract is to be performed outside of the U.S., its territories and its possessions.


Restrictions on Certain Foreign Purchases (October 1996) : OK As Prescribed in 25.702: restricts the acquisition of supplies, services from sources with countries whose products are banned from the U.S. under regulations of the Office of Foreign Assets Control. These countries include Cuba, Iran, Iraq, Libya and North Korea. Applicable to contracts over $2,500.


Authorization and Consent (July 1995): OK As prescribed at 27.201-2(a); insert clause, with Alternate I, in all Research and Development solicitations and contracts.


Notice and Assistance Regarding Patent and Copyright Infringement: (August 1996): OK As prescribed in 27.202-2; insert clause on contracts which anticipate a value above the simplified acquisition threshold ($100K).


Patent Indemnity (April 1984): DELETE Clause language includes indemnification; also , if ALT I is added to 52.227-1, this clause is not required.


Royalty Information (April 1984): DELETE As prescribed in 27.204.2, applicable when the response to the solicitation contains costs or charges for royalties totaling more than $250.


Refund of Royalties (April 1984): DELETE Not applicable. As prescribed in 27.206-2, the contracting officer inserts the clause in fixed priced contracts if the officer determines that circumstances make it questionable or not substantial amount of royalties will have to be paid by the contractor at any tier.


Filing of Patent Applications - Classified Subject Matter (April 1984): DELETE UM cannot accept/performs unclassified work. As prescribed by 27.207-2, the contracting officer shall insert this clause in all classified solicitations/contracts where the nature of the work or classified subject matter may be expected to result in patent application containing classified subject matter.


Patent Rights - Retention by the Contractor (Short Form) (June 1997): OK As prescribed in 27.303(a), acceptable for contracts with non-profit organizations (university or other institution of higher education described as a 501(c)(3), 501(a) or nonprofit scientific or educational organization qualified under a state non-profit organization statute.) Contractor may retain the entire right, title and interest throughout the world on each invention subject to the provision of this clause. The federal government shall have a nonexclusive, nontransferable, irrevocable, paid-up license to practice or have practiced for or on behalf of the U.S. the subject invention throughout the world.


Patent Rights- Retention by the Contractor (Long Form) (January 1997): DELETE As prescribed at 27.303(b), the clause applies if the contractor is other than a small business firm or nonprofit organization.


Patent Rights - Acquisition by Government (January 1997): DELETE As prescribed at 27.303(c) , contracting officer shall insert clause for work to be performed outside the U.S., its possessions and Puerto Rico by contractor not small businesses and nonprofit organizations.


Rights in Data - General (June 1987) As prescribed in 27.409(e) , the clause shall be used with Alternate IV in contracts for basic or applied research, to be performed solely by universities and colleges. Also per 27.404(f)(iii) Alternate IV shall be used in all contracts for basic or applied research (other than those for management or operation of government facilities or where international agreements require otherwise, or for the development of computer software for distribution to the public by or on behalf of the government) to be performed solely by colleges and universities.



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