Remote Health Readiness Program 4 (RHRP-4)
Federal Acquisition Regulation (FAR) Clauses and FAR Supplements
PART I - FEDERAL ACQUISITION REGULATION (FAR) CLAUSES
U.S. GOVERNMENT TERMS and CONDITIONS
FEDERAL COMMERCIAL - DEPARTMENT OF DEFENSE
- DEFINITIONS
Definitions shall apply to all terms incorporated into the Agreement. In the U.S. Government clauses, unless the context of the clause requires otherwise, the term "Contractor" or “Subcontractor” shall mean Clinician, the term "Contract" shall mean the Agreement, and the terms "Government," "Contracting Officer" and equivalent phrases shall mean LQTC and LQTC’ Contractual Representative, respectively. It is intended that these clauses shall apply to Clinician in such manner as is necessary to reflect the position of Clinician providing services to LQTC, to ensure Clinician's obligations to LQTC and to the United States Government, and to enable LQTC to meet its obligations under its Prime Contract and the Agreement. All definitions defined by FAR 2.101 shall be applied to the terms referenced herein.
2. FAR CLAUSES APPLICABLE TO
The Department of Defense (DoD) stipulates a limited number of flow down clauses shall be flown down to subcontracts for commercial products and commercial services. The FAR clauses incorporated below in Sections I, II, and III are reflective of those clauses as enumerated in paragraph (a)(2) of the Defense Federal Acquisition Regulation Supplement (DFARS) clause 252.244-7000 Subcontracts for Commercial Products or Commercial Services (Nov 2023). U.S. Government terms or clauses in FAR Subpart 52.2 referenced herein are incorporated and made a part of this Subcontract, unless otherwise specified for performance applicability; or a value (e.g., >$150k) is identified. Clauses are applicable when the subcontract ceiling value (to include all options) exceeds the specified values at the time of award or after modification unless otherwise specified. Note: References to “SAT” refers to the “Simplified Acquisition Threshold” as defined by FAR 2.101 and will be the threshold that is current on the date of the Subcontract award.
To the extent that the Prime Contract or higher-tier subcontract under which this Subcontract is issued is modified (to include a newer version of any such clause), the date of the modified version of the clause as it appears in such Prime Contract or higher-tier subcontract shall be controlling and said version shall be incorporated herein.
SECTION I: CLAUSES APPLICABLE TO ALL DoD FEDERAL ORDERS FOR COMMERCIAL PRODUCTS/SERVICES
CLAUSE | TITLE | APPLICABILITY |
|---|---|---|
| 52.204-23 | Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities | All |
| 52.204-25 | Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment | All Per paragraph (e), paragraph (b)(2) is excluded. |
| 52.204-27 | Prohibition on a ByteDance Covered Application | All |
| 52.204-30 | Federal Acquisition Supply Chain Security Act Orders – Prohibition | All Per paragraph (e)(1), paragraph (c)(1) is excluded. |
SECTION II: CLAUSES SUBJECT TO THRESHOLD APPLICABILITY | |||
|---|---|---|---|
CLAUSE | TITLE | THRESHOLD | APPLICABILITY |
52.203-13
| Contractor Code of Business Ethics and Conduct | >$6M | Applies when POP >120 days; and >$6M. |
| 52.222-26 | Reserved per DoD Class Deviation 2025-O0003 | N/A | N/A |
| 52.222-35 | Equal Opportunity for Veterans | >$150k | Applies when value is >$150k. |
| 52.222-36 | Equal Opportunity for Workers with Disabilities | >$15k | Applies when value is >$15k. |
| 52.222-37 | Employment Reports on Veterans | >$150k | Applies when value is >$150k. |
SECTION III: CLAUSES SUBJECT TO CONDITIONAL APPLICABILITY | ||
|---|---|---|
CLAUSE | TITLE | APPLICABILITY |
| 52.203-15 | Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 | Applies when funded in whole or in part with Recovery Act funds. |
| 52.203-19 | Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements | Applies unless personal services contracts with individuals. |
| 52.219-8 | Utilization of Small Business Concerns | Applicable to all subcontracts that offer further subcontracting opportunities. |
| 52.222-21 | Reserved per DoD Class Deviation 2025-O0003 | N/A |
| 52.222-41 | Service Contract Labor Standards | Applies to services subject to the Service Contract Labor Standards statute. |
| 52.222-50 | Combating Trafficking in Persons
| Applies to all subcontracts (paragraph (h) only applies when supplies (other than COTS) are acquired outside the US or services are to be performed outside the US and the value is greater than $550K). |
| 52.224-3 | Privacy Training Alternate I
| Applies when Subcontractor’s employees will 1) Have access to a system of records; 2) Create, collect, use, process, store, maintain, disseminate, disclose, dispose, or otherwise handle personally identifiable information; or 3) Design, develop, maintain, or operate a system of records. ALT I: Applies when the agency specifies only its agency-provided training is acceptable. |
| 52.232-40 | Providing Accelerated Payments to Small Business Subcontractors | Applies to subcontracts with small business concerns. Note: This clause will not apply unless the prime is receiving accelerated payment from the Government under the prime contract. |
The clauses found in Section IV are applicable if required by law or regulation. If the condition(s) of applicability is not met, these clauses are not required and are not applicable to the subcontract.
SECTION IV: CLAUSES APPLICABLE UNDER PUBLIC LAW OR REGULATION | |||
|---|---|---|---|
| CLAUSE | TITLE | THRESHOLD | APPLICABILITY |
| 52.204-9 | Personal Identity Verification of Contractor Personnel | N/A | Applies when the subcontractor’s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system in accordance with Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24 and Federal Information Processing Standards Publication (FIPS PUB) Number 201. |
| 52.204-10 | Reporting Executive Compensation and First-Tier Subcontract Awards | ≥$30k | Applies when the value of the subcontract is equal to or greater than $30k and allows compliance with the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109-282) as amended by section 6202 of the Government Funding Transparency Act of 2008 (Pub. L. 110-252). |
| 52.209-6 | Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment, or Voluntarily Excluded | >$35k | Applies when value of the subcontract exceeds $35k, does not apply to COTS. |
| 52.225-13 | Restrictions on Certain Foreign Purchases | N/A | Applies to all subcontracts pursuant to FAR 25.1103(a). |
PART II – DEFENSE FEDERAL ACQUISITION REGULATION SUPPLEMENT (DFARS)
U.S. GOVERNMENT TERMS and CONDITIONS
DEPARTMENT OF DEFENSE ORDERS FOR COMMERCIAL PRODUCTS & SERVICES
DFAR SUPPLEMENT CLAUSES APPLICABLE TO THIS Agreement
The DoD mandates a limited number of clauses shall be flown down to subcontracts for commercial products and commercial services. The DFARS clauses incorporated herein in Sections I, II, and II are reflective of that direction as provided in paragraph (a)(1) of the DFARS clause 252.244-7000, Subcontracts for Commercial Products or Commercial Services (Nov 2023).
All references herein to "DFAR Supplement" or "DFAR SUPP" shall mean the Department of Defense Supplement to the Federal Acquisition Regulation. The clauses in DFAR Supplement Subpart 252.2 referenced herein are incorporated and made a part of this Subcontract, unless otherwise specified for performance applicability; or a value (e.g., >$150k) is identified. Clauses are applicable when the subcontract ceiling value (to include all options) exceeds the specified values at the time of award or after modification unless otherwise specified. Note: References to “SAT” refers to the “Simplified Acquisition Threshold” as defined by FAR 2.101 and will be the threshold that is current on the date of the Subcontract award.
To the extent that the Prime Contract or higher-tier subcontract under which this Subcontract is issued, is modified (to include a newer version of any such clause), the date of the modified version of the clause as it appears in such Prime Contract or higher-tier subcontract shall be controlling and said version shall be incorporated herein.
CLAUSE | TITLE | APPLICABILITY |
|---|---|---|
SECTION I: CLAUSES APPLICABLE TO ALL DoD FEDERAL ORDERS FOR COMMERCIAL PRODUCTS/SERVICES | ||
| 252.203-7002 | Requirement to Inform Employees of Whistleblower Rights | All |
| 252.204-7000 | Disclosure of Information | All |
| 252.204-7015 | Notice of Authorized Disclosure of Information for Litigation Support | All |
| 252.204-7018 | Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services | All |
| 252.225.7048 | Export Controlled Items | All |
| 252.225.7056 | Prohibition Regarding Business Operations with the Maduro Regime | All |
| 252.244.7000 | Subcontracts for Commercial Products or Commercial Services | All |
SECTION II: CLAUSES SUBJECT TO THRESHOLD APPLICABILITY | |||
|---|---|---|---|
| CLAUSE | TITLE | THRESHOLD | APPLICABILITY |
| 252.225-7033 | Waiver of United Kingdom Levies | >$1M | Applies when performance is for supplies where the lower-tier subcontract value exceeds $1M and performance with U.K. firms is anticipated. |
| 252.226-7001 | Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns | >$500k | Applies to all subcontracts with a value exceeding $500K. |
SECTION III: CLAUSES SUBJECT TO CONDITIONAL APPLICABILITY | ||
|---|---|---|
| CLAUSE | TITLE | APPLICABILITY |
| 252.204.-7004 | Antiterrorism Awareness Training for Contractors | Applies when performance requires routine physical access to a Federally-controlled facility or military installation. |
| 252.204-7009 | Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information | Applies when performance of services requires safeguarding covered defense information and cyber incident reporting. |
| 252.204-7012 | Safeguarding Covered Defense Information and Cyber Incident Reporting (Deviation 2024-O0013 Revision 1)
| Applies when performance is for operationally critical support, or for which performance will involve covered defense information, except for subcontracts solely for the acquisition of COTS items.
Seller shall notify Leidos when submitting a request to vary from a NIST SP 800-171 Rev. 2 security requirement to the Contracting Officer pursuant to (b)(2)(ii)(B) of this clause.
Seller shall provide the incident report number, automatically assigned by the DoD, to Leidos as soon as possible, when reporting a cyber incident to DoD as required in paragraph I of this clause.
Seller shall furnish the cognizant Leidos contractual representative with a copy of any cyber incident report filed with DoD under this subcontract including those made by any lower-tier subcontractors. Subcontractor shall not disclose Leidos’ attributional information/proprietary information in the course of its cyber incident reporting obligations. Any reporting that involves disclosure of such information shall require Leidos’ prior written consent. |
| 252.204-7020 | NIST SP 800-171 DoD Assessment Requirements
| All, except COTS items, subject to the implementation of NIST SP 800-171 security requirements.
|
| 252.219-7003 | Small Business Subcontracting Plan (DoD Contracts) | Applies to subcontracts expected to exceed the threshold at FAR 19.702(a) and that offer further subcontracting opportunities, except when the subcontractor is a participant in the DoD Test Program for Negotiation of Comprehensive Small Business Subcontracting Plans and 252.219-7004 applies. |
| 252.227-7013 | Rights in Technical Data - Other Than Commercial Products and Commercial Services
| Applies when technical data for other than commercial products or commercial services or for commercial products or commercial services developed in any part at Government expense is to be delivered to the Government. Clause 252.227-7015 will govern the technical data pertaining to any portion of a commercial product or commercial service developed at private expense. |
| 252.227-7015 | Technical Data – Commercial Products and Commercial Services Alternate I | Applies when technical data related to commercial products or commercial services developed in any part at private expense for delivery to the Government. This clause will govern the technical data portion developed exclusively at private expense and clause 252.227-7013 will govern the technical data portion pertaining to any commercial product or commercial services developed in any part at Government expense. ALT I: Applies to the development or delivery of a vessel design or any useful article embodying a vessel design.
|
| 252.227-7037 | Validation of Restrictive Markings on Technical Data | Applies at any tier when requiring the delivery of technical data. |
| 252.237-7023 | Continuation of Essential Contractor Services | Applies when subcontract is for essential services as defined by this clause. |
| 252.239-7010 | Cloud Computing Services | Applies when performance involves or may involve cloud services, including subcontracts for commercial services. |
The clauses in Section IV are applicable if required by law or regulation. If the condition(s) of applicability is not met, these clauses are not required and are not applicable to the subcontract.
SECTION IV: CLAUSES APPLICABLE UNDER PUBLIC LAW OR REGULATION | |||
|---|---|---|---|
| CLAUSE | TITLE | THRESHOLD | APPLICABILITY |
| 252.204-7019 | Notice of NIST SP 800-171 DoD Assessment Requirements | N/A | Applies to all solicitations, except COTS, including Controlled Unclassified Information (CUI). |