52.213-4
Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services). 52.213-4
Effective 10/01/2025 · Subpart 213
Full Text
As prescribed in, insert the following clause: (d) 13.302-5
Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services) (Oct 2025)
(End of clause)
The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference: (a) The clauses listed below implement provisions of law or Executive order: (1), Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (i) (Jan 2017) 52.203-19, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities(Section 1634 of Pub. L. 115-91). (ii) (Dec 2023) 52.204-23, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.(Section 889(a)(1)(A) of Pub. L. 115-232). (iii) (Nov 2021) 52.204-25, Prohibition on a ByteDance Covered Application(Section 102 of Division R of Pub. L. 117-328), unless the agency grants an exception - see paragraph (b) of 52.204-27. (iv) (Jun 2023) 52.204-27, Federal Acquisition Supply Chain Security Act Orders—Prohibition.(Pub. L. 115–390, title II). (v) (Dec 2023) 52.204-30, Convict Labor(E.O. 11755). (vi) (Jun 2003) 52.222-3, Prohibition of Segregated Facilities. (vii) () Oct 2025 52.222-21, Equal Opportunity (Sep 2016) (E.O. 11246). (viii) 52.222-26, Restrictions on Certain Foreign Purchases () (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). (ix) Feb 2021 52.225-13, Providing Accelerated Payments to Small Business Subcontractors(and). (x) (Mar 2023) 52.232-40 31 U.S.C. 3903 10 U.S.C. 3801, Protest After Award(). (xi) (Aug 1996) 52.233-3 31 U.S.C. 3553, Applicable Law for Breach of Contract Claim(and 108-78 ()). (xii) (Oct 2004) 52.233-4 Pub. L. 108-77 19 U.S.C. 3805 note Listed below are additional clauses that apply: (2), Payments. (i) (Apr 1984) 52.232-1, Discounts for Prompt Payment. (ii) (Feb 2002) 52.232-8, Extras. (iii) (Apr 1984) 52.232-11, Prompt Payment (iv) (Jan 2017). 52.232-25, Unenforceability of Unauthorized Obligations. (v) (Jun 2013) 52.232-39, Disputes. (vi) (May 2014) 52.233-1, Subcontracts for Commercial Products and Commercial Services. (vii) (Jan 2025) 52.244-6, Computer Generated Forms. (viii) (Jan 1991) 52.253-1
The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply: (b) The clauses listed below implement provisions of law or Executive order: (1), Contractor Employee Whistleblower Rights(); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR(a). (i) (Nov 2023) 52.203-17 41 U.S.C. 4712 3.9, Reporting Executive Compensation and First-Tier Subcontract Awards(Pub. L. 109-282) () (Applies to contracts valued at or above the threshold specified in FAR(a) on the date of award of this contract). (ii) (Jun 2020) 52.204-10 31 U.S.C. 6101 note 4.1403, Child Labor—Cooperation with Authorities and Remedies() (Applies to contracts for supplies exceeding the micro-purchase threshold, as defined inon the date of award of this contract). (iii) (Jan 2025) 52.222-19 E.O. 13126 2.101, Contracts for Materials, Supplies, Articles, and Equipment., Contracts for Materials, Supplies, Articles, and Equipment() (Applies to supply contracts over the threshold specified in FAR 22.602 on the date of award of this contract, in the United States, Puerto Rico, or the U.S. Virgin Islands). (iv) (Jun 2020) 52.222-20 41 U.S.C. chapter 65, Equal Opportunity for Veterans() (Applies to contracts valued at or above the threshold specified in FAR(a) on the date of award of this contract). (v) (Jun 2020) 52.222-35 38 U.S.C. 4212 22.1303, Equal Employment for Workers with Disabilities() (Applies to contracts over the threshold specified in FAR(a) on the date of award of this contract, unless the work is to be performed outside the United States by employees recruited outside the United States). (For purposes of this clause, "United States" includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.) (vi) (Jun 2020) 52.222-36 29 U.S.C. 793 22.1408, Employment Reports on Veterans(38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in FAR(a) on the date of award of this contract). (vii) (Jun 2020) 52.222-37 22.1303, Service Contract Labor Standards() (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf). (viii) (Aug 2018) 52.222-41 41 U.S.C. chapter 67 (ix), Combating Trafficking in Persons(22 U.S.C. chapter 78 and E.O. 13627) (Applies to all solicitations and contracts). (A) () Oct 2025 52.222-50 Alternate I(Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies). (B) (Mar 2015), Minimum Wages for Contractor Workers Under Executive Order 14026(Applies whenorare in the contract and performance in whole or in part is in the United States (the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, and the outer Continental Shelf as defined in the Outer Continental Shelf Lands Act (,))). (x) (Jan 2022) 52.222-55 52.222-6 52.222-41 43 U.S.C. 1331 et seq., Paid Sick Leave Under Executive Order 13706(E.O. 13706) (Applies whenorare in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.)) (xi) (Jan 2022) 52.222-62 52.222-6 52.222-41, Pollution Prevention and Right-to-Know Information(and) (Applies to services performed on Federal facilities). (xii) (May 2024) 52.223-5 42 U.S.C. 11001-11050 13101-13109, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons(,) (Applies to contracts for products as prescribed at FAR(d)(1)). (xiii) (May 2024) 52.223-11 42 U.S.C. 7671 23.109 et seq., Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners(,) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners). (xiv) (May 2024) 52.223-12 42 U.S.C. 7671 et seq., Aerosols(,) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices). (xv) (May 2024) 52.223-20 42 U.S.C. 7671 et seq., Foams(,) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent; or contracts for construction of buildings or facilities. (xvi) (May 2024) 52.223-21 42 U.S.C. 7671 et seq., Sustainable Products and Services(,,,, and) (Applies to contracts when the agency identifies in the statement of work, or elsewhere in the contract, the sustainable products and services that apply to the acquisition). (xvii) (May 2024) 52.223-23 E.O. 14057 7 U.S.C. 8102 42 U.S.C. 6962 42 U.S.C. 8259b 42 U.S.C. 7671l (xviii), Buy American-Supplies(41 U.S.C. chapter 67) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold, as defined inon the date of award of this contract, and the acquisition- (A) (Oct 2022) 52.225-1 2.101 Is set aside for small business concerns; or (1) Cannot be set aside for small business concerns (see), and does not exceed $50,000). (2) 19.502-2 (OCT 2022) (Applies if the Contracting Officer has filled in the domestic content threshold below, which will apply to the entire contract period of performance. Substitute the following sentence for the first sentence of paragraph (1)(ii)(A) of the definition ofin paragraph (a) of: (A) The cost of its components mined, produced, or manufactured in the United States exceedspercent of the cost of all its components. []) (B) Alternate I domestic end product Contracting officer to insert the percentage per instructions at(d)(4). 13.302-5 52.225-1 ____, Promoting Excess Food Donation to Nonprofit Organizations., Promoting Excess Food Donation to Nonprofit Organizations(42 U.S.C. 1792) (Applies to contracts greater than the threshold specified in FARon the date of award of this contract, that provide for the provision, the service, or the sale of food in the United States). (xix) (Jun 2020) 52.226-6 26.404, Payment by Electronic Funds Transfer-System for Award Management(Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) as its source of EFT information). (xx) (Oct 2013) 52.232-33, Payment by Electronic Funds Transfer-Other than System for Award Management(Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information). (xxi) (Jul 2013) 52.232-34, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities(Sections 1821-1826, Pub. L. 118-31,note prec.). (xxii) (Nov 2024) 52.240-1 41 U.S.C. 3901, Preference for Privately Owned U.S.-Flag Commercial Vessels()(Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at(d)). (xxiii) (Nov 2021) 52.247-64 46 U.S.C. 55305 47.504, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking(). (Applies to contracts with a U.S.-flag carrier for the transportation by air of passengers; does not apply to contracts awarded by the Department of Defense or contracts for commercial products). (xxiv) (Jan 2025) 52.247-69 49 U.S.C. 40118(g) Listed below are additional clauses that may apply: (2), Basic Safeguarding of Covered Contractor Information Systems(Applies to contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system.) (i) (Nov 2021) 52.204-21, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded(Applies to contracts over the threshold specified in FAR(b) on the date of award of this contract). (ii) (Jan 2025) 52.209-6 9.405-2, Delivery of Excess Quantities () (Applies to fixed-price supplies). (iii) Sept 1989 52.211-17, F.o.b. Origin(Applies to supplies if delivery is f.o.b. origin). (iv) (Feb 2006) 52.247-29, F.o.b. Destination () (Applies to supplies if delivery is f.o.b. destination). (v) Jan 1991 52.247-34
. This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): (c) FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998) _________________________________________________________________________________ _________________________________________________________________________________ [] Insert one or more Internet addresses
. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights- (d) Inspection/Acceptance Within a reasonable period of time after the defect was discovered or should have been discovered; and (1) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (2)
. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (e) Excusable delays
. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided. (f) Termination for the Government's convenience
. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (g) Termination for cause
. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. (h) Warranty