So, your general counsel calls you in the morning, asking if you have any cybersecurity clauses in your contracts (sounds familiar?). Not remembering the exact clause numbers, you proceed by searching the acquisition.gov website for the keyword "safeguard", retrieving 44 (unrelated) results that span across 5 pages. After some more digging you finally locate the proper clause references, but how about those DFARS clauses? What’s their site again? It's almost 10 am now, and you still haven’t determined whether any of your contracts contain cybersecurity clauses, but that should be easy, you think to yourself, because you are the expert in “CTRL-effin” the contents of your documents. By noon, however, you realize that classifying this inquiry as “corporate datacall" -- a cliché we invented for the purpose of justifying the use of time and resources to produce artistically&nbs...
If you are a company that is not subject to full coverage under CAS, you may want to carefully review the new DFARS provisions at 252.215-7010 and 252.215-7013 published on January 2018. These provisions allow “Nontraditional defense contractors”, as defined in DFARS 212.001, to be exempted from providing certified cost or pricing data under a commercial item exception. For a full description of the clauses please follow our clause library at https://farclause.com/FARregulation
When you are ready to review your prime contractor’s corporate flowdowns, pay particular attention if the prime is trying to flow the Alt 1 version of the Government Property clause (FAR 52.245-1 Alt I) to your subcontract. This version assigns the risk of loss to you even though the prime contractor might not be subject to the same requirement if the prime contract only contains the basic version of the clause. In addition, be cautious when the prime contractor tries to flow down the Termination for Convenience, 52.249-2, clause to your subcontract. This clause is not a mandatory flowdown and it can create a conflict with your general terms and conditions, granting the prime contractor greater rights than those that you have painfully negotiated as part of your general termination provision. For more detail, please go to our site at Read more
You probably wouldn't think that the words such as "him" or "himself" -- when referring to a gender-neutral noun -- would be still present in FAR or DFARS regulations (they are!), let alone the word “gentlemen”. To the contrary, the drafters of FAR 52.228-14 (published in 2014), apparently thought that saluting “gentlemen” in the provided example of a Letter of Credit was a way to go! See for yourself! You can perform a variety of searches across multiple agency regulations by using our new database at https://farclause.com/FARregulation.
Analyze risk for compliance and reporting requirements; validate Section K against your SAM.gov online Reps and Certs, organize clauses by departmental interest.