Far 52.209-1

FAC 2005–27 OCTOBER 17, 2008
52.208-9

FEDERAL ACQUISITION REGULATION

REQUIRED SOURCES FOR HELIUM AND HELIUM USAGE
DATA (APR 2002)
(a) Definitions.
“Bureau of Land Management,” as used in this clause,
means the Department of the Interior, Bureau of Land Management, Amarillo Field Office, Helium Operations, located
at 801 South Fillmore Street, Suite 500, Amarillo, TX
79101-3545.
“Federal helium supplier” means a private helium vendor
that has an in-kind crude helium sales contract with the
Bureau of Land Management (BLM) and that is on the BLM
Amarillo Field Office’s Authorized List of Federal Helium
Suppliers available via the Internet at http://www.nm.blm.gov/
www/amfo/amfo_home.html.
“Major helium requirement” means an estimated refined
helium requirement greater than 200,000 standard cubic feet
(scf) (measured at 14.7 pounds per square inch absolute pressure and 70 degrees Fahrenheit temperature) of gaseous
helium or 7510 liters of liquid helium delivered to a helium
use location per year.
(b) Requirements— (1) Contractors must purchase major
helium requirements from Federal helium suppliers, to the
extent that supplies are available.
(2) The Contractor shall provide to the Contracting
Officer the following data within 10 days after the Contractor
or subcontractor receives a delivery of helium from a Federal
helium supplier—
(i) The name of the supplier;
(ii) The amount of helium purchased;
(iii) The delivery date(s); and
(iv) The location where the helium was used.
(c) Subcontracts. The Contractor shall insert this clause,
including this paragraph (c), in any subcontract or order that
involves a major helium requirement.
(End of clause)
52.208-9 Contractor Use of Mandatory Sources of Supply
or Services.
As prescribed in 8.004, insert the following clause:
CONTRACTOR USE OF MANDATORY SOURCES OF SUPPLY
OR SERVICES (OCT 2008)
(a) Certain supplies or services to be provided under this
contract for use by the Government are required by law to be
obtained from nonprofit agencies participating in the program
operated by the Committee for Purchase From People Who
Are Blind or Severely Disabled (the Committee) under the
Javits-Wagner-O’Day Act (41 U.S.C. 48). Additionally, certain of these supplies are available from the Defense Logistics
Agency (DLA), the General Services Administration (GSA),
or the Department of Veterans Affairs (VA). The Contractor
shall obtain mandatory supplies or services to be provided for
52.2-16

Government use under this contract from the specific sources
indicated in the contract schedule.
(b) The Contractor shall immediately notify the Contracting Officer if a mandatory source is unable to provide the supplies or services by the time required, or if the quality of
supplies or services provided by the mandatory source is
unsatisfactory. The Contractor shall not purchase the supplies
or services from other sources until the Contracting Officer
has notified the Contractor that the Committee or an AbilityOne central nonprofit agency has authorized purchase from
other sources.
(c) Price and delivery information for the mandatory supplies is available from the Contracting Officer for the supplies
obtained through the DLA/GSA/VA distribution facilities.
For mandatory supplies or services that are not available from
DLA/GSA/VA, price and delivery information is available
from the appropriate central nonprofit agency. Payments shall
be made directly to the source making delivery. Points of contact for AbilityOne central nonprofit agencies are:
(1) National Industries for the Blind
1310 Braddock Place
Alexandria, VA 22314-1691
(703) 310-0500; and
(2) NISH
8401 Old Courthouse Road
Vienna, VA 22182
(571) 226-4660.
(End of clause)
52.209-1 Qualification Requirements.
As prescribed in 9.206-2, insert the following clause:
QUALIFICATION REQUIREMENTS (FEB 1995)
(a) Definition. “Qualification requirement,” as used in this
clause, means a Government requirement for testing or other
quality assurance demonstration that must be completed
before award.
(b) One or more qualification requirements apply to the
supplies or services covered by this contract. For those supplies or services requiring qualification, whether the covered
product or service is an end item under this contract or simply
a component of an end item, the product, manufacturer, or
source must have demonstrated that it meets the standards prescribed for qualification before award of this contract. The
product, manufacturer, or source must be qualified at the time
of award whether or not the name of the product, manufacturer, or source is actually included on a qualified products
list, qualified manufacturers list, or qualified bidders list. Offerors should contact the agency activity designated below to
obtain all requirements that they or their products or services,
or their subcontractors or their products or services, must satisfy to become qualified and to arrange for an opportunity to

FAC 2005–34 JULY 1, 2009
SUBPART 52.2—TEXT OF PROVISIONS AND CLAUSES

52.209-3

demonstrate their abilities to meet the standards specified for
qualification.

PROHIBITION ON CONTRACTING WITH INVERTED
DOMESTIC CORPORATIONS-REPRESENTATION (JUL 2009)

(Name) ___________________________________________

(a) Definition. “Inverted domestic corporation” means a
foreign incorporated entity which is treated as an inverted
domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used
to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the
criteria specified in 6 U.S.C. 395(b), applied in accordance
with the rules and definitions of 6 U.S.C. 395(c).
(b) Relation to Internal Revenue Code. A foreign entity
that is treated as an inverted domestic corporation for purposes of the Internal Revenue Code at 26 U.S.C. 7874 (or
would be except that the inversion transactions were completed on or before March 4, 2003), is also an inverted domestic corporation for purposes of 6 U.S.C. 395 and for this
solicitation provision (see FAR 9.108).
(c) Representation. By submission of its offer, the offeror
represents that it is not an inverted domestic corporation and
is not a subsidiary of one.

(Address) _________________________________________

(c) If an offeror, manufacturer, source, product or service
covered by a qualification requirement has already met the
standards specified, the relevant information noted below
should be provided.
Offeror’s Name _____________________________________
Manufacturer’s Name______ __________________________
Source’s Name _____________________________________
Item Name ________________________________________
Service Identification ________________________________
Test Number _______________________________________
(to the extent known)

(d) Even though a product or service subject to a qualification requirement is not itself an end item under this contract,
the product, manufacturer, or source must nevertheless be
qualified at the time of award of this contract. This is necessary whether the Contractor or a subcontractor will ultimately
provide the product or service in question. If, after award, the
Contracting Officer discovers that an applicable qualification
requirement was not in fact met at the time of award, the Contracting Officer may either terminate this contract for default
or allow performance to continue if adequate consideration is
offered and the action is determined to be otherwise in the
Government’s best interests.
(e) If an offeror, manufacturer, source, product or service
has met the qualification requirement but is not yet on a qualified products list, qualified manufacturers list, or qualified
bidders list, the offeror must submit evidence of qualification
prior to award of this contract. Unless determined to be in the
Government’s interest, award of this contract shall not be
delayed to permit an offeror to submit evidence of
qualification.
(f) Any change in location or ownership of the plant where
a previously qualified product or service was manufactured or
performed requires reevaluation of the qualification. Similarly, any change in location or ownership of a previously
qualified manufacturer or source requires reevaluation of the
qualification. The reevaluation must be accomplished before
the date of award.
(End of clause)
52.209-2 Prohibition on Contracting with Inverted
Domestic Corporations-Representation.
As prescribed in 9.108-5, insert the following provision:

(End of provision)
52.209-3 First Article Approval—Contractor Testing.
As prescribed in 9.308-1(a) and (b), insert the following
clause:
FIRST ARTICLE APPROVAL—CONTRACTOR TESTING
(SEPT 1989)
[Contracting Officer shall insert details]
(a) The Contractor shall test _____ unit(s) of Lot/Item
_____as specified in this contract. At least _____ calendar
days before the beginning of first article tests, the Contractor
shall notify the Contracting Officer, in writing, of the time and
location of the testing so that the Government may witness the
tests.
(b) The Contractor shall submit the first article test report
within _____ calendar days from the date of this contract to
_____ [insert address of the Government activity to receive
the report] marked “FIRST ARTICLE TEST REPORT: Contract
No. _______, Lot/Item No. _______” Within _____ calendar
days after the Government receives the test report, the Contracting Officer shall notify the Contractor, in writing, of the
conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not
relieve the Contractor from complying with all requirements
of the specifications and all other terms and conditions of this
contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval
shall cite reasons for the disapproval.
(c) If the first article is disapproved, the Contractor, upon
Government request, shall repeat any or all first article tests.
52.2-17