AAR Corp · NOV 2023 Revision · public supplier portal

AAR Component Services NY — U.S. Government Contract FAR and DFARS Clauses Incorporated by Reference

This document names 178 FAR and DFARS clause numbers. That is what AAR Corp sends down — not what binds you. Answer the profile and each one is ruled below, in this browser, against the base named in the masthead.

Also: this reads FAR and DFARS clause numbers. It reads nothing else in your document. It says nothing about indemnity, insurance, limits of liability, governing law, payment terms, warranty terms, or the dates you owe the prime. None of that is FAR. None of it is ruled here. It is often the part that costs money.

the document, on AAR Corp's own site ↗ · read from txt/aar-acs-ny-usg-far-dfars-flowdowns-nov-2023.txt @ dc19635c8629

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The profile

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The order

What the prime bought, how it is priced, and how much of it.

What is this subcontract worth in dollars?

The total price of the whole order, plus every change order since. Not one delivery, and not one year.

Help with subcontract value

Where to look

the total or extended price on the purchase order
the price line in the subcontract, plus any change orders since

The dollar value of this subcontract, taken as a whole. Not one shipment, not one month, not one line item. A change order that raises the price raises this number too.

What reads this answer: Many clauses carry a dollar floor. 52.219-9, 52.222-41 and 52.215-23 all read this number, and so do about a hundred more.

For example, 250,000

I do not knownothing is ruled out; affected clauses go to Needs an answer

How is this order priced?

Look at the price line: one set price, hourly rates, or your costs plus a fee.

Help with pricing arrangements

Where to look

the price or pricing terms on the face of the purchase order
the type of contract named in the subcontract, often in the first article

The pricing arrangement, in FAR Part 16 terms. Firm fixed price is one price for the job. Cost reimbursement pays what you spend, plus a fee. Time and materials pays agreed hourly rates.

What reads this answer: About sixty clauses read this field. The changes family, the termination family and the payment family all turn on it.

Firm fixed priceOne agreed price. It does not move with your costs.

Fixed price that can be adjustedA set price that can move under a formula, such as an economic price adjustment.

Cost reimbursementYou bill your real costs, and the buyer adds a fee.

Time and materials, or labor hoursYou bill hours at agreed rates, and materials at cost.

I do not knownothing is ruled out; affected clauses go to Needs an answer

Does the order carry a DO or DX rating?

Look for DO or DX near the top of the purchase order. It is a priority rating.

Help with rated orders

Where to look

the face of the purchase order, near the delivery terms, for DO or DX
the prime's cover letter, which often repeats the rating symbol

A rated order is one the Government gives priority to under DPAS, the Defense Priorities and Allocations System. The rating symbol reads DO or DX. It comes with a required delivery date you are asked to accept or reject.

What reads this answer: 52.211-15 reads this field.

Yes

I do not knownothing is ruled out; affected clauses go to Needs an answer

Is the prime contract with DoD or a civilian agency?

Look at the customer on the order. Army, Navy and Air Force are DoD; NASA, DOE and GSA are civilian.

Help with DoD and civilian agencies

Where to look

the prime contract number on the order, which starts with the agency's own code
the program name, or the customer the prime names in its cover letter

Whose money is behind the prime contract, one tier up from you. The prime is a company either way. What is asked here is the agency it sells to.

What reads this answer: 52.215-23 carries this field, where the DoD and civilian tests differ. 52.215-22 and 52.232-16 only name it next to their own conditions.

Department of DefenseArmy, Navy, Air Force, Marines, Space Force, or an agency such as DLA or MDA.

A civilian agencyAny buyer outside DoD. NASA, Energy, GSA and the rest.

I do not knownothing is ruled out; affected clauses go to Needs an answer

The work

What you make or do to fill the order.

Is what you sell here a commercial product or service?

Sold to the public already? Small changes will not break that, but a part built only to their drawing was never commercial.

Help with commercial products and services

Where to look

the clause list in the subcontract, which often cites 52.212-5 on a commercial order
your own catalog or price list, if other buyers order the same item

A commercial product or service is one sold, leased or offered to the general public. FAR 2.101 holds the test. Two kinds of change keep it commercial: changes of a type sold in the market anyway, and minor changes made to meet a Government requirement. A part built only to a government design is not commercial.

What reads this answer: Over a hundred clauses read this field. 52.212-5, 252.244-7000 and the 52.246 quality family are among them, and FAR Part 12 is the procedure that cuts the list down.

Yes

I do not knownothing is ruled out; affected clauses go to Needs an answer

Do you sell this off the shelf, in quantity, on the open market?

It also has to be a commercial product. Selling only to primes is not the open market.

Help with off-the-shelf items

Where to look

your sales history for the same part number, and who else buys it
any drawing or spec attached to the order, since a drawing made for this program is a change

COTS is short for commercially available off-the-shelf. FAR 2.101 sets three tests. The item is a commercial product, it sells in substantial quantities on the open market, and it goes to the Government in the same form. Every COTS item is a commercial product. Not every commercial product is COTS. A catalog part with a small change is commercial, but not COTS.

What reads this answer: 252.204-7012, 252.204-7021 and 52.204-21 all read this field. A yes takes clauses out of the matrix rather than adding them, and the three tests above are what a yes has to clear.

Yes

I do not knownothing is ruled out; affected clauses go to Needs an answer

What kind of work is this order for?

Pick the closest match. If it is both a product and a service, pick the larger share.

Help with kinds of work

Where to look

the line items on the purchase order: a part number is goods, an hourly rate is a service
the statement of work, if one is attached

Most of the base reads these six as two families: goods and services. On the goods side, every clause that reads Supplies also reads Electronics and Metal manufacturing. The services side is not symmetric. 252.222-7000 takes services or construction, so it-cloud does not meet that test.

What reads this answer: This is one of the most widely read fields in the base. The trade family, the labor family and the quality family all use it.

SuppliesGoods you ship. If a narrower choice below fits yours, pick that one.

ServicesRepair, testing, guard, support or design work.

ConstructionWork on buildings, roads or other real property.

ElectronicsCircuit boards, wire harnesses or sensors. Reads every Supplies clause, plus the counterfeit-part ones.

Metal manufacturingParts you machine, forge, cast or fabricate. Reads every Supplies clause, plus specialty metals and forgings.

IT, software or cloudSoftware, hosting, cloud or network work. Not a wider Services: some clauses read one, not the other.

I do not knownothing is ruled out; affected clauses go to Needs an answer

Do you deliver drawings, data or software, not just parts?

Drawings, specs, test reports or certs you hand over. It counts even when you ship parts too.

Help with technical data

Where to look

the data items or CDRL list attached to the order
the deliverables list, for anything that is a file rather than a part

Technical data means drawings, specs, test results, manuals and source files. Noncommercial software is code written for the Government, not sold to the public. Handing over the part alone is not data.

What reads this answer: The 252.227 rights-in-data family reads this field, 252.227-7013 and 252.227-7014 among them.

Yes

I do not knownothing is ruled out; affected clauses go to Needs an answer

Will you hold or buy any Government property for this job?

Tooling, test gear, molds or stock the Government owns, even when the prime ships it to you.

Help with Government property

Where to look

the property or GFP list attached to the order, often an exhibit
the shipping papers for anything the prime sends you that you do not own

Government property is anything the Government owns that you hold to do the work. It can be furnished to you, or bought under the contract and owned by the Government. Property the prime owns is not the same thing.

What reads this answer: 52.245-1 reads this field, and so do 52.245-2, 252.245-7001 and 252.245-7003.

Yes

I do not knownothing is ruled out; affected clauses go to Needs an answer

Do you make, ship or handle anything dangerous?

If it has a safety data sheet, it counts. Paint, glue, acids, batteries, ammo, anything radioactive.

Help with dangerous material

Where to look

the safety data sheets for the parts and stock on your bill of materials
any packing, marking or transport exhibit attached to the order

Three groups sit behind this one question. Hazardous material is anything with a safety data sheet, such as paint, solvents or acids. Energetic material means ammunition and explosives. Radioactive items are the third group.

What reads this answer: 52.223-3 reads this field, and so do 52.223-7, 252.223-7001 and 252.223-7002.

Yes

I do not knownothing is ruled out; affected clauses go to Needs an answer

Is any of this research or development work?

Making or testing something new. Not repeat work on a proven design.

Help with research and development

Where to look

the statement of work, for words like study, prototype, demo or test article
the program name, if it is a research or development program

R&D work is experimental or developmental. You are proving out a design, not repeating a known one. A first article on a settled drawing is not R&D; a prototype meant to answer a question is.

What reads this answer: 52.227-11 reads this field, and so do 52.227-13, 52.243-2 and the 252.227 data-rights clauses.

Yes

I do not knownothing is ruled out; affected clauses go to Needs an answer

Has the Government named this work as critical support?

Only the Government can name it. It covers airlift, sealift and logistics in an operation, so few orders carry the label.

Help with operationally critical support

Where to look

the statement of work, if it names a deployed unit or a war zone
the prime's flow-down letter, if it uses those words about your order

The clause defines it. Supplies or services the Government names as critical for airlift, sealift, intermodal transport or logistics. That support has to be essential to a contingency operation. The Government makes the call, not you. Most orders are outside it.

What reads this answer: 252.204-7012's trigger has two legs. The base tests the CUI leg and names this one. Your answer here is recorded, but it does not yet move a row.

Yes

I do not knownothing is ruled out; affected clauses go to Needs an answer

Your business

Your size, your set-aside status, and who you buy from.

Did this order come from a small business set-aside?

Reserved for one class of small firm: 8(a), HUBZone, SDVOSB, WOSB.

Help with set-asides

Where to look

the prime's award letter or bid package, which names the set-aside
the prime contract number and program named at the top of the order

In a set-aside, only firms in a named class may compete. The class may be small business, 8(a), HUBZone, service-disabled veteran-owned or woman-owned. It is a fact about the award, not about your firm.

What reads this answer: 52.219-14 reads this field, and so do 52.219-16 and 52.204-5.

Yes

I do not knownothing is ruled out; affected clauses go to Needs an answer

Is your firm a small business under the NAICS code for this work?

Size is set per NAICS code, by staff count or by sales. Your SAM registration shows it.

Help with small business size

Where to look

your SAM registration, under the NAICS codes you claim
the reps and certs page of the subcontract, if the prime asked you to certify size

SBA sets a size limit for each NAICS code, either as a staff count or as average yearly sales. A firm can be small under one code and large under another, so the code on the order is what matters.

What reads this answer: 52.219-9 reads this field. So do 52.219-16, 252.215-7002 and the 52.230 cost accounting family.

Yes

I do not knownothing is ruled out; affected clauses go to Needs an answer

Will you buy any of this scope from someone else?

Count any outside firm that does part of the work or makes part of the item.

Help with buying from a lower tier

Where to look

your bill of materials, for lines you do not make yourself
your own purchase orders against this job

A lower tier is anyone you hire or buy from to fill part of this order. Machine shops, platers, test labs, coaters and staffing firms all count. Buying office supplies for your own use does not.

What reads this answer: 52.244-2 reads this field, and so do 52.219-9, 252.244-7001 and 52.244-5. This is where flow-down duties land: some clauses direct the buyer to insert them further down.

Yes

I do not knownothing is ruled out; affected clauses go to Needs an answer

How much DoD work last fiscal year needed certified cost or pricing data?

Only the DoD work where you handed over detailed cost backup and certified it. Last fiscal year, all of it.

Help with certified cost or pricing data

Where to look

your prior fiscal year sales figures for DoD work
the orders where you signed a cost or pricing data certificate

Certified cost or pricing data is the detailed cost backup a buyer asks for. It comes up when a price is not set by competition or by a catalog. This field adds up last fiscal year's DoD prime contracts and subcontracts that needed it.

What reads this answer: 252.215-7002 reads this number. Its bands also turn on whether the firm is large or small.

For example, 0

I do not knownothing is ruled out; affected clauses go to Needs an answer

Information and security

What government data sits on your systems.

Do you hold contract information that is not public?

Almost every sub has some. Drawings, prices, schedules and statements of work all count.

Help with Federal Contract Information

Where to look

your email and shared drives: quotes, drawings, schedules and prices from the prime
the clause list in the subcontract, if it names 52.204-21 or 252.204-7021

FCI means Federal Contract Information. It is information given to you, or made by you, for a government contract, and not meant for the public. Press releases and public catalogs are not FCI.

What reads this answer: 52.204-21 and 252.204-7021 both read this field. Nearly every sub holds some FCI, so the open question is usually which CMMC level the order names.

Yes

I do not knownothing is ruled out; affected clauses go to Needs an answer

Do your systems hold or send files marked CUI?

The prime marks it, not you. Look for a CUI banner, a legend, or a line in the order.

Help with Controlled Unclassified Information

Where to look

a CUI banner or legend on the drawings, specs and data the prime sent
any exhibit on how to store and send the data

CUI is Controlled Unclassified Information. It is not classified, but the Government controls it — a part drawing or a spec, for example. 252.204-7012 uses a close term, covered defense information.

What reads this answer: 252.204-7012 reads this field. So do 252.204-7008, 252.204-7019 and 252.204-7020. The answer here is yours, not a ruling on whether the marking is right.

Yes

I do not knownothing is ruled out; affected clauses go to Needs an answer

Will anyone need a clearance to do this work?

A DD Form 254 with the order is the clearest sign. Answer yes if access is even possible.

Help with classified work

Where to look

a DD Form 254 attached to the order, since that form exists only for classified work
the part of the order that deals with site and staff clearance

Classified means marked Confidential, Secret or Top Secret. It is not the same as CUI, which is controlled but not classified. Work can be classified through the people, the site or the data.

What reads this answer: 52.204-2 reads this field, and so do 252.204-7003, 52.204-7 and 52.227-10.

Yes

I do not knownothing is ruled out; affected clauses go to Needs an answer

Will your staff handle people's personal data?

Names, addresses or Social Security numbers. Held for the Government, not your own HR files.

Help with personal data

Where to look

the statement of work, for any task that reaches a government records system
any privacy or data exhibit attached to the order

Two things sit here. One is running a set of records on people for the agency. The other is your staff touching personal data, or reaching into a government system that holds it. Your own payroll files are neither.

What reads this answer: 52.224-1 reads this field, and so do 52.224-2 and 52.224-3.

Yes

I do not knownothing is ruled out; affected clauses go to Needs an answer

People and places

Who does the work, and where they do it.

Will service employees work under this order?

Nearly everyone on a service order counts, clerks and help desk too. Only real managers and professionals are left out.

Help with service employees

Where to look

the labor categories and rates you quoted
any wage determination attached to the order, which lists the covered job titles

A service employee is anyone working on a service order who is not exempt. The exempt group is bona fide executive, administrative and professional staff. Duties decide it, not the pay slip. A clerk or a tech on a salary is still a service employee.

What reads this answer: 52.222-41 reads this field, and so do 52.222-43, 52.222-51 and 52.222-55. Where the work is done is a separate question.

Yes

I do not knownothing is ruled out; affected clauses go to Needs an answer

How much of the value is work or supplies from outside the US?

A dollar figure, not a share. Enter 0 if all the parts and all the work are US.

Help with work outside the US

Where to look

the ship-from country on your quotes and your bill of materials
the place of performance named in the subcontract

The part of the order value bought outside the United States, or performed outside it. This is a dollar amount, not a percent. A US firm buying foreign parts still has a figure here.

What reads this answer: 52.222-50 reads this number, and so do 52.225-1, 52.223-23 and 252.225-7003. Each reads it against its own figure.

For example, 0

I do not knownothing is ruled out; affected clauses go to Needs an answer

Is any of the work done in the United States?

Answer yes if any part of it happens here, even when the rest is abroad.

Help with where the work is done

Where to look

the place of performance in the subcontract
the ship-from address on your own quotes

Where the work is done, not where your firm is based or where the parts end up. A US shop doing the machining answers yes, even if the assembly is offshore.

What reads this answer: The labor and wage clauses read this field: 52.222-3, 52.222-40 and 52.222-50 among them.

Yes

I do not knownothing is ruled out; affected clauses go to Needs an answer

Will anyone go onto a base or federal site to work?

Yes if your people need a badge or regular access. One escorted visit does not.

Help with base and site access

Where to look

the place of performance and the ship-to address on the order
any badging, escort or base access instruction the prime sent you

A federal or DoD installation is a base, depot, arsenal, yard or federal building. The test is routine access in person. A badge or a weekly visit counts. One escorted drop-off usually does not.

What reads this answer: 52.204-9 reads this field, and so do 252.204-7003, 252.204-7004 and 52.236-13.

Yes

I do not knownothing is ruled out; affected clauses go to Needs an answer

Will your staff work or travel outside the US for this order?

A two-day trip counts. Shipping a part abroad does not.

Help with staff going abroad

Where to look

the place of performance in the subcontract
any travel, visa or country clearance task in the statement of work

This is about your own people crossing the border, not your parts. The clauses that read it deal mostly with staff near deployed US forces. 252.225-7043 is the wide one: it reads on performing OR travelling outside the US, so one short trip is a yes.

What reads this answer: 52.228-3 reads this field, and so do 252.225-7040, 252.225-7043 and 52.225-19.

Yes

I do not knownothing is ruled out; affected clauses go to Needs an answer

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Also from AAR Corp

89AAR Government Services — C40 Purchase Order General Provisions, Non-Commercial Firm Fixed Price Items or Servicesclauses cited

This is research, not legal advice. It rules public regulation against the answers you give and cites the paragraph behind each ruling so you can check it. It does not rule on whether AAR Corp's markings are correct, and a clause with no flow-down mandate in the regulation is still a contract term once it is in your subcontract.