Honeywell — Supplemental Provisions Under Fixed Price U.S. Government Contracts for Commercial Items

Its 107 clauses can ask you for 169 things.

1. A program you have to be running20e.g. Fifteen named controls running on any system of yours that holds or carries the buyer's contract information 52.204-21(b)(1)

   You are either running it or you are not, and what the prime asks for is the date it started.

   • An ethics awareness and training program, and an internal control system with a reporting channel such as a hotline that an employee can use anonymously

     Owed within 90 days of award, unless you represented yourself as a small business concern for this award or the contract is for a commercial product or commercial service — (c) opens by excluding both

     FAR 52.203-13(c)

   • The security program the operating manual at 32 CFR part 117 requires — a facility security officer, cleared people, storage, marking, transmission and reporting

     Owed when the same access (a) limits the clause to, and it follows any revision of the manual you are given notice of

     52.204-2(b)(1)

   • Fifteen named controls running on any system of yours that holds or carries the buyer's contract information — access limits, authentication, media sanitization, boundary protection, timely patching and malware scanning

     Owed when federal contract information — information not intended for public release, provided by or generated for the Government under the order — resides in or transits your own system

     52.204-21(b)(1)

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   • A listing practice, running for the life of the contract: every employment opening listed immediately with the appropriate employment service delivery system, and at least concurrently with any other recruitment source or effort you use

     41 CFR 60-300.5(a)(2) and (a)(3), which FAR 52.222-35(b) makes a term of your contract

   • E-Verify running inside hiring — a case opened for each new hire within three business days of the date of hire, starting within 90 calendar days of enrollment

     FAR 52.222-54(b)(1)(ii)

   • Paid sick leave for everyone working on or in connection with the contract, earned at not less than one hour for every 30 hours worked, up to the 56-hour annual cap

     FAR 52.222-62(c)(1)

   • Initial and annual role-based privacy training, with a test of what was learned

     Owed when an employee will have access to a system of records, handle personally identifiable information, or design, develop, maintain or operate a system of records

     52.224-3(b)

   • A private security operation run to 32 CFR part 159 — personnel registered and managed, weapons authorized and accounted for, armored vehicles registered, incidents reported

     FAR 52.225-26(c)(1)

   • A system of internal controls that manages the Government property in your shop — control, use, preservation, protection, repair and maintenance

     FAR 52.245-1(b)(1)

   • The NIST SP 800-171 security requirements, in the version in effect when the solicitation was issued, running on every system of yours that holds or moves the covered information

     Owed when the system is your own — (b)(1) sends an information technology service operated on the Government's behalf to the contract's own terms instead

     252.204-7012(b)(2)(i)

   • A marking process and the equipment behind it, putting a MIL-STD-130 data matrix and human-readable text on every item the contract calls out

     DFARS 252.211-7003(c)

   • A plant run to DoD Manual 4145.26, the contractors' safety manual for ammunition and explosives — siting and quantity-distance, grounding, storage and training

     DFARS 252.223-7002(b)(1)

   • Physical security to DoD Manual 5100.76 for the listed arms, ammunition and explosives — approved storage, access control, inventory and controlled movement, as the statement of work specifies

     DFARS 252.223-7007(c)

   • Treaty legend marking on every article and every piece of technical data, storage and handling kept inside the approved community, and an approval step before anything is re-exported or re-transferred out of it

     Owed when the treaty exemption is used in place of an ordinary export license

     DFARS 252.225-7047(e)

   • Access controls that keep controlled technical data away from foreign persons, your own foreign employees included, and a license for anything that leaves the country

     DFARS 252.225-7048(b)

   and 5 more, each on its clause's page

2. Something somebody else has to issue you19e.g. Mill certificates giving the country of melt for every specialty metal incorporated in the item DFARS 252.225-7009

   The same day if the issuer is one of your own suppliers, months if it is an assessor or an underwriter.

   • The project labor agreement for the project, kept current for the life of the work — it has to bind every contractor and subcontractor doing construction there, allow all contractors to compete whether or not they are already party to a collective bargaining agreement, guarantee against strikes and lockouts, and set out dispute procedures

     FAR 52.222-34(b)

   • Country-of-origin statements from the suppliers of those components, since the percentage rests on parts somebody else made — and the prime asking for them sets what is enough

     FAR 52.225-1

   • The manufacturer's origin documentation for every item you sell into the order, resting on where substantial transformation happened — evidence the prime weighs, not paper the clause names

     FAR 52.225-5

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   • Origin evidence for the construction material from whoever made it — for manufactured material, where it was manufactured; for iron or steel, where it was produced

     FAR 52.225-21

   • Origin evidence for the construction material from whoever made it — for manufactured material, where it was manufactured; for iron or steel, where it was produced

     FAR 52.225-23

   • A legible copy of the carrier's rated on-board ocean bill of lading, to the contracting officer and to the Maritime Administration

     Owed when contract cargo has moved by sea — 20 working days from the date of loading in the United States, 30 working days from a foreign port

     FAR 52.247-64(c)

   • A DoD-approved medium assurance certificate, bought from an outside certificate authority

     Owed when an incident has to be reported — the certificate is what the reporting channel authenticates against, so it is held before the incident rather than obtained after it

     252.204-7012(c)(3)

   • A cloud service provider meeting security requirements equivalent to the FedRAMP Moderate baseline, and complying with (c) through (g) on reporting and forensics

     Owed when covered information sits on a cloud service you did not build — the paragraph reaches an external provider only

     252.204-7012(b)(2)(ii)(D)

   • The same completed assessment from each of your own suppliers, before anything is awarded to them

     Owed when you place a subcontract of your own that is subject to NIST SP 800-171 under 252.204-7012

     252.204-7020(g)(2)

   • Country-of-origin statements from the suppliers of those components — the origin is fixed at their plant, and the prime asking for them sets what is enough

     DFARS 252.225-7001

   • Mill certificates giving the country of melt for every specialty metal incorporated in the item, gathered back through the bill of material — evidence the prime weighs, not paper the clause names

     DFARS 252.225-7009

   • Origin statements for the fiber, yarn, fabric or food ingredient in what you supply, from whoever grew, spun, wove or processed it — evidence the prime weighs, not paper the clause names

     DFARS 252.225-7012

   • The manufacturer's country-of-origin evidence for each end product, resting on where substantial transformation happened rather than where it shipped from — evidence the prime weighs, not paper the clause names

     DFARS 252.225-7021

   • An origin statement from the forge for each ship propulsion shaft, periscope tube, or bull gear ring forging, and for forgings sitting inside what you deliver — evidence the prime weighs, not paper the clause names

     DFARS 252.225-7025

   • A letter of authorization generated from that system and signed by the contracting officer, which is what gets a person into theater and onto meals, transport and medical support

     DFARS 252.225-7040(c)

   and 4 more, each on its clause's page

3. A state you have to be in, in a government system10e.g. Enrollment as a Federal Contractor in E-Verify FAR 52.222-54(b)(1)(i)

   The record has to be posted before the prime can see it, and posting is not the same day as being ready.

   • A facility clearance under the National Industrial Security Program, carried by a signed DD Form 441 security agreement

     Owed when the order actually involves access to information classified Confidential, Secret or Top Secret — paragraph (a) limits the clause to that extent

     52.204-2(b)(1)

   • Enrollment as a Federal Contractor in E-Verify, within 30 calendar days of award

     FAR 52.222-54(b)(1)(i)

   • An assessment of your covered systems completed inside the last three years, with the summary level scores posted in the Supplier Performance Risk System

     Owed when the subcontract is subject to NIST SP 800-171 under 252.204-7012 — (g)(2) bars the tier above from awarding until the assessment is done, and (g)(3) is the route to get the score posted

     252.204-7020(g)(2) and (g)(3)

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   • An account in the Government's electronic submission system, with each item's record posted through it into the item unique identification registry

     DFARS 252.211-7003(f)

   • Every deployed person entered in the Synchronized Predeployment and Operational Tracker, with the record kept current for the whole deployment

     DFARS 252.225-7040(g)

   • Your company affiliated with the Overseas Security Advisory Council

     Owed where the contractor or subcontractor performing outside the United States is a US entity

     DFARS 252.225-7043(b)(1)

   • Each of your US nationals registered with the US embassy

     Owed for personnel who are US nationals; third country nationals comply with their own embassy's security requirements instead

     DFARS 252.225-7043(b)(2)

   • Registration with the Directorate of Defense Trade Controls as a member of the approved community, which is who the treaty route is open to

     Owed when the treaty exemption is used in place of an ordinary export license

     DFARS 252.225-7047(c)

   • Registration with the Department of State under the ITAR, which the clause names in its own words, for a shop that manufactures or exports defense articles

     DFARS 252.225-7048(b)

   • An authorized radio frequency allocation for the device, which is what lets it be tested or operated at all

     DFARS 252.235-7003(a)
4. Something you write73e.g. A written code of business ethics and conduct FAR 52.203-13(b)(1)

   Days to weeks, and nobody outside your company has to agree to it.

   • A written code of business ethics and conduct, made available to each employee engaged in performance, within 30 days of award

     FAR 52.203-13(b)(1)

   • A written disclosure to the agency Inspector General, copy to the contracting officer

     Owed on credible evidence that a principal, employee, agent or subcontractor committed fraud, bribery, a gratuity or conflict of interest violation, or a civil False Claims Act violation

     FAR 52.203-13(b)(3)(i)

   • A posted notice of employee whistleblower rights under section 1553 of the 2009 Recovery Act

     Owed where Recovery Act money funds the work — (b) carries the clause only into subcontracts funded in whole or in part with those funds

     FAR 52.203-15(a)

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   • A written notice to current employees and suppliers that existing confidentiality terms blocking a report of waste, fraud or abuse are no longer in effect

     Owed where agreements or statements signed before this contract carry prohibitions inconsistent with (b)

     FAR 52.203-19(c)

   • The flow-down list your own orders have to carry — the clauses named at paragraph (e)(1), each reaching as far as that clause itself says

     Owed when you place a subcontract of your own for commercial products or commercial services

     52.212-5(e)(1)

   • A subcontracting plan with separate dollar and percentage goals by category — small, veteran-owned, service-disabled veteran-owned, HUBZone, small disadvantaged and women-owned small business concerns — and the other items paragraph (d) enumerates

     FAR 52.219-9(d)

   • The notices provided by the contracting officer, posted in conspicuous places available to employees and applicants for employment

     Owed when the contracting officer provides them — this posts notices you do not write, and whether they are issued is not in your hands

     FAR 52.222-26(c)(3)

   • The line in all solicitations or advertisements for employees stating that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity or national origin

     FAR 52.222-26(c)(4)

   • The pay transparency policy statement, put into your employee manual or handbook and disseminated by electronic posting or by a copy posted in conspicuous places available to employees and applicants — a second posting, separate from the notices at (c)(3)

     FAR 52.222-26(c)(5)(ii)

   • The notice provided by the contracting officer, sent to each labor union or representative of workers you hold a collective bargaining agreement or other understanding with

     Owed when you have such an agreement or understanding AND the contracting officer provides the notice — both, and the second is not in your hands

     FAR 52.222-26(c)(6)

   • Your books, accounts and records, and access to your premises during normal business hours, for an on-site compliance evaluation

     Owed when the contracting agency or the Office of Federal Contract Compliance Programs conducts an on-site compliance evaluation

     FAR 52.222-26(c)(9)

   • The notices in the form the Director prescribes, posted in conspicuous places available to employees and applicants for employment

     41 CFR 60-300.5(a)(9), which FAR 52.222-35(b) makes a term of your contract

   • Notice to each labor organization or representative of workers that you are bound by the terms of the veterans' statute

     Owed when you have a collective bargaining agreement or other contract or understanding with a labor organization or representative of workers

     41 CFR 60-300.5(a)(10), which FAR 52.222-35(b) makes a term of your contract

   • The Department of Labor notice of employee rights under the National Labor Relations Act, posted where you post other notices to employees, in the languages your workforce reads

     FAR 52.222-40(b)

   • Time and payroll records for each service employee — name, classification, rate, fringe benefits, hours worked and deductions — made and kept for three years from completion of the work and open to the Wage and Hour Division

     FAR 52.222-41(i)

   and 58 more, each on its clause's page

5. Something you fill in and send back24e.g. A cyber incident report filed at dibnet.dod.mil within 72 hours of discovering the incident 252.204-7012(c)(1)(ii)

   Hours, once you know which one is missing.

   • A report — contract number, supplier, brand, model number and item description — with mitigation detail and the prevention steps taken and planned within 10 business days after it

     Owed when you identify a Kaspersky Lab covered article in what you supply or use — the first report is due within three business days of that

     FAR 52.204-23(c)

   • A report — contract number, supplier, brand, model number, item description and any mitigation already under way — with further detail and prevention steps within 10 business days after it

     Owed when you identify covered telecommunications equipment or services in what you supply or use — the first report is due within one business day of that

     FAR 52.204-25(d)

   • A report — contract number, product or service name, the covered article or the source, the vendor, brand, model number and item description — with mitigation detail and prevention steps within 10 business days after it

     Owed when you identify a covered article or a prohibited source in what you furnish or will furnish — the first report is due within three business days of that

     FAR 52.204-30(c)(3)

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   • The Individual Subcontract Report and the Summary Subcontract Report, filed through the electronic subcontracting reporting system

     FAR 52.219-9(d)(10)

   • Standard Form 100 (EEO-1), or any successor form, filed as 41 CFR part 60-1 prescribes, together with the information and reports the clause requires

     FAR 52.222-26(c)(8)

   • The VETS-4212 report to the Department of Labor each year by September 30 — protected veterans by category and location, total new hires, and how many of those were protected veterans

     FAR 52.222-37(b)

   • Standard Form 1444, Request for Authorization of Additional Classification and Rate, submitted to the buyer

     Owed when a class of employee that the wage determination does not list performs work on the contract — the form is due no later than 30 days after that work begins

     FAR 52.222-41(c)(2)(ii)

   • A certification to the buyer, at award and once a year after that, that the plan is implemented and that after due diligence nothing prohibited was found — or that remedial and referral action was taken

     Owed when the same $700,000 outside-the-United-States portion that brings the plan with it

     FAR 52.222-50(h)(5)

   • An immediate report to the buyer and to the agency inspector general, naming the action taken against whoever was responsible

     Owed when you receive credible information that an employee, agent or subcontractor has engaged in the prohibited conduct

     FAR 52.222-50(d)(1)

   • The shipping documents annotated for the port of entry, carrying the tariff-schedule notation and the instructions to release the shipment and notify the contract administration office

     FAR 52.225-8(g)

   • A cyber incident report filed at dibnet.dod.mil within 72 hours of discovering the incident

     Owed when an incident affecting a covered system, the covered information on it, or your ability to perform the order is discovered

     252.204-7012(c)(1)(ii)

   • A report — contract and order numbers, supplier, brand, model number, item description and whatever mitigation exists — followed within 30 business days by what else was done to mitigate and to prevent it recurring

     Owed when you identify, or are notified of, covered defense telecommunications equipment or services in what you supply or use — the first report is due within three business days of that

     DFARS 252.204-7018(d)

   • The table filled in at offer: each precious metal, the whole troy ounces needed, and the stock number and nomenclature of the item that needs it

     DFARS 252.208-7000(b)

   • Two prices for every deliverable item that contains precious metal — one with the Government furnishing the metal, one with you furnishing it

     DFARS 252.208-7000(c)

   • A signed Certificate of Current Cost or Pricing Data in the form at FAR 15.406-2, stating the data were accurate, complete and current as of the date price was agreed

     Owed on the same condition as the Table 15-2 package — (a)(2) routes the certification through paragraph (c) of DFARS 252.215-7010, where (c)(2) is the Certificate itself

     DFARS 252.215-7008(a)(2)

   and 9 more, each on its clause's page

6. Nothing to send now23They are terms that decide what money moves later, rules you follow while you work or numbers with no text behind them.