HHSAR PART 352 – SOLICITATION PROVISIONS AND CONTRACT CLAUSES (RFO DEVIATION)

Note: This page shows only the HHSAR provisions and clauses associated with HHSAR parts that have been overhauled/deviated. Unless otherwise noted, all provisions and clauses listed on this page have been deviated. Each HHSAR provision and clause will indicate the effective date and associated HHSAR class deviation. Please continue to monitor this page for updates.

Subpart 352.2 – Text of Provisions and Clauses
352.208-70 Printing and Duplication.
352.211-1 Public Accommodations and Commercial Facilities.
352.211-2 Conference Sponsorship Requests and Conference Materials Disclaimer.
352.211-3 Paperwork Reduction Act.
352.216-70 Allowable Cost and Payment for Hospitals (Profit or Non-Profit).
352.231-70 Salary Rate Limitation.
352.235-70    Notice to Offerors – Protection of Human Subjects.
352.235-71       Protection of Human Subjects.
352.235-72       Needle Exchange.
352.235-73       Continued Ban on Funding Abortion and Continued Ban on Funding of Human Embryo Research.
352.235-74       Notice to Offerors – Requirement for Compliance with the Public Health Service Policy on
Humane Care and Use of Laboratory Animals.
352.235-75       Care of Live Vertebrate Animals.
352.236-70 Design-Build Contracts.
352.270-4a [Reserved]
352.270-5a [Reserved]
352.270-5b [Reserved]
352.270-6 [Reserved]
352.270-9   [Reserved]
352.270-10 [Reserved]
352.270-11 [Reserved]
352.270-12 [Reserved]
352.270-13 [Reserved]
352.270-70 Non-Discrimination for Conscience.

Subpart 352.2 – Text of Provisions and Clauses

352.208-70 Printing and Duplication.

Effective Date: 02/07/2026 (see HHSAR CD 2026-02)

As prescribed in HHSAR 308.570, insert the following clause:

PRINTING AND DUPLICATION (FEB 2026) (RFO DEVIATION)

(a) Unless otherwise specified in this contract, no printing by the Contractor or any subcontractor is authorized under this contract. All printing required must be performed by the Government Printing Office except as authorized by the Contracting Officer. The Contractor must submit camera-ready copies to the Contracting Officer's Representative (COR). The terms “printing” and “duplicating/copying” are defined in the Government Printing and Binding Regulations of the Joint Committee on Printing.

(b) If necessary for performance of the contract, the Contractor may duplicate or copy less than 5,000 production units of only one page, or less than 25,000 production units in aggregate of multiple pages for the use of a department or agency. A production unit is defined as one sheet, size 8.5 x 11 inches, one side only, and one color. The pages may not exceed a maximum image size of 10 3⁄4 by 14 1⁄4 inches. This page limit applies to each printing requirement and not for all printing requirements under the entire contract.

(c) Approval for all printing, as well as duplicating/copying in excess of the stated limits, must be obtained from the COR who will consult with the designated publishing services office and provide direction to the contractor. The cost of any unauthorized printing or duplicating/copying under this contract will be considered an unallowable cost for which the Contractor will not be reimbursed.

(End of clause)

352.211-1 Public Accommodations and Commercial Facilities.

Effective Date: 11/21/2025 (see HHSAR CD 2026-01)

As prescribed in HHSAR 311.7102, the contracting officer must insert the following clause:

PUBLIC ACCOMMODATIONS AND COMMERCIAL FACILITIES (NOV 2025) (RFO DEVIATION)

The Contractor agrees as follows:

(a) Except for ad hoc meetings necessary or incidental to contract performance, the Contractor must develop a plan to assure that any event held pursuant to this contract will meet or exceed the minimum accessibility standards set forth in 28 CFR part 36—Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities. The Contractor must submit the plan to the Contracting Officer and must receive approval prior to the event. The Contractor may submit a consolidated or master plan for contracts requiring numerous events in lieu of separate plans.

(b) The Contractor must manage the contract in accordance with the standards set forth in 28 CFR part 36.

(End of clause)

352.211-2 Conference Sponsorship Requests and Conference Materials Disclaimer.

Effective Date: 11/21/2025 (see HHSAR CD 2026-01)

As prescribed in HHSAR 311.7202, the Contracting Officer must insert the following clause:

CONFERENCE SPONSORSHIP REQUEST AND CONFERENCE MATERIALS DISCLAIMER (NOV 2025) (RFO DEVIATION)

(a) Prior to the Contractor claiming HHS conference sponsorship, the Contractor must submit a written request (including rationale) to the Contracting Officer for permission to claim such HHS sponsorship.

(b) The Contractor must include the following statement on conference materials, including promotional materials, agendas, and Web sites:

“This conference was funded, in whole or in part, through a contract (insert contract number) with the Department of Health and Human Services (HHS) (insert name of Division). The views expressed in written conference materials and by speakers and moderators at this conference, do not necessarily reflect the official policies of HHS, nor does mention of trade names, commercial practices, or organizations imply endorsement by the U.S. Government.”

(c) Unless authorized in writing by the Contracting Officer, the Contractor must not display the HHS logo on any conference materials.

(d) The Contractor must not reference the product(s) or service(s) awarded under this contract in commercial advertising, as defined in FAR 31.205-1, in any manner which states or implies HHS approval or endorsement of the product(s) or service(s) provided.

(End of clause)

352.211-3 Paperwork Reduction Act.

Effective Date: 11/21/2025 (see HHSAR CD 2026-01)

As prescribed in HHSAR 311.7301, the contracting officer must insert the following clause:

PAPERWORK REDUCTION ACT (NOV 2025) (RFO DEVIATION)

(a) This contract involves a requirement to collect or record information calling either for answers to identical questions from 10 or more persons other than Federal employees, or information from Federal employees which is outside the scope of their employment, for use by the Federal government or disclosure to third parties; therefore, the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) must apply to this contract. No plan, questionnaire, interview guide or other similar device for collecting information (whether repetitive or single time) may be used without the Office of Management and Budget (OMB) first providing clearance. Contractors and the Contracting Officer's Representative must be guided by the provisions of 5 CFR part 1320, Controlling Paperwork Burdens on the Public, and seek the advice of the HHS operating division or Office of the Secretary Reports Clearance Officer to determine the procedures for acquiring OMB clearance.

(b) The Contractor must not expend any funds or begin any data collection until the Contracting Officer provides the Contractor with written notification authorizing the expenditure of funds and the collection of data. The Contractor must allow at least 120 days for OMB clearance. The Contracting Officer will consider excessive delays caused by the Government which arise out of causes beyond the control and without the fault or negligence of the Contractor in accordance with the Excusable Delays or Default clause of this contract.

(End of clause)

352.216-70 Allowable Cost and Payment for Hospitals (Profit or Non-Profit).

Effective Date: 03/29/2026 (see HHSAR CD 2026-05)

As prescribed in 316.305(a)(1), insert the following clause:

ALLOWABLE COST AND PAYMENT FOR HOSPITALS (PROFIT OR NON-PROFIT) (MAR 2026) (RFO DEVIATION)

Payments under this contract are allowable if the Contracting Officer determines the costs are allowable in accordance with FAR 52.216-7, FAR subpart 31.2, and 2 CFR part 300 (including Appendix IX).

(End of clause)

352.231-70 Salary Rate Limitation.

Effective Date: 02/07/2026 (see HHSAR CD 2026-02)

As prescribed in HHSAR 331.170(c), insert the following clause:

SALARY RATE LIMITATION (FEB 2026) (RFO DEVIATION)

(a) The Contractor must not use contract funds to pay the direct salary of an individual at a rate in excess of the Federal Executive Schedule Level II in effect on the date the funding was obligated.

(b) For purposes of the salary rate limitation, the terms “direct salary,” “salary,” and “institutional base salary,” have the same meaning and are collectively referred to as “direct salary,” in this clause. An individual's direct salary is the annual compensation that the Contractor pays for an individual's direct effort (costs) under the contract. Direct salary excludes any income that an individual may be permitted to earn outside of duties to the Contractor. Direct salary also excludes fringe benefits, overhead, and general and administrative expenses (also referred to as indirect costs or facilities and administrative costs). The salary rate limitation does not restrict the salary that an organization may pay an individual working under a Department of Health and Human Services (HHS) contract or order; it merely limits the portion of that salary that may be paid with contract funds.

(d) If this is a multiple-year contract or order, it may be subject to unilateral modification by the Contracting Officer to ensure that an individual is not paid at a rate that exceeds the salary rate limitation provision established in the HHS appropriations act used to fund this contract.

(e) See the salaries and wages pay tables on the Office of Personnel Management web site for Federal Executive Schedule (EX) salary levels at www.opm.gov.

(f) The Contractor must insert the substance of this clause, including this paragraph (f), in all subcontracts.

(End of clause)

352.235-70 Notice to Offerors – Protection of Human Subjects.

Effective Date: 03/29/2026 (see HHSAR CD 2026-02 Amendment 1)

As prescribed in 335.7004(a), insert the following provision:

NOTICE TO OFFERORS – PROTECTION OF HUMAN SUBJECTS (MAR 2026) (RFO DEVIATION)

(a) The Department of Health and Human Services (HHS) regulations for the protection of human subjects, 45 CFR part 46, are available on the Office for Human Research Protections (OHRP) website at: http://www.hhs.gov/ohrp/index.html.

(1) These regulations provide a systematic means, based on established ethical principles, to safeguard the rights and welfare of human subjects participating in research activities supported or conducted by HHS.

(b) The regulations define a human subject as a living individual about whom an investigator (whether professional or student) conducting research obtains data or identifiable public information through intervention or interaction with the individual, or identifiable private information. In most cases, the regulations extend to the use of human organs, tissue, and body fluids from individually identifiable human subjects as well as to graphic, written, or recorded information derived from individually identifiable human subjects. 45 CFR part 46 does not directly regulate the use of autopsy materials; instead, applicable state and local laws govern their use.

(c) Activities which involve human subjects in one or more of the categories set forth in 45 CFR 46.104(d)(1)-(8) are exempt from complying with 45 CFR part 46. See http://www.hhs.gov/ohrp/humansubjects/guidance/45cfr46.html.

(d) Inappropriate designations of the noninvolvement of human subjects or of exempt categories of research in a project may result in delays in the review of a proposal.

(e) In accordance with 45 CFR part 46, Offerors considered for award must file an acceptable Federal-wide Assurance (FWA) of compliance with OHRP specifying review procedures and assigning responsibilities for the protection of human subjects. The FWA is the only type of assurance that OHRP accepts or approves. The initial and continuing review of a research project by an institutional review board must ensure that: The risks to subjects are minimized; risks to subjects are reasonable in relation to anticipated benefits, if any, to subjects, and the importance of the knowledge that may reasonably be expected to result; selection of subjects is equitable; and informed consent will be obtained and documented by methods that are adequate and appropriate. Depending on the nature of the research, additional requirements may apply; see http://www.hhs.gov/ohrp/humansubjects/guidance/45cfr46.html#46.111 for additional requirements regarding initial and continuing review. HHS regulations for the protection of human subjects (45 CFR part 46), information regarding OHRP registration and assurance requirements/processes, and OHRP contact information is available at the OHRP Web site (at http://www.hhs.gov/ohrp/assurances/index.html).

(f) Offerors may consult with OHRP only for general advice or guidance concerning either regulatory requirements or ethical issues pertaining to research involving human subjects. ONLY the contracting officer may offer information concerning a solicitation.

(g) The Offeror must document in its proposal the approved or active FWA from OHRP, related to the designated Institutional Review Board (IRB) reviewing and overseeing the research.

(1) If the Offeror does not have an approved FWA from OHRP, the Offeror must obtain an FWA before the deadline for proposal submission.

(h) When possible, the Offeror must also certify the IRB's review and approval of the research. If the Offeror cannot obtain this certification by the time of proposal submission, they must include an explanation in their proposal.

(i) Never conduct research covered by 45 CFR part 46 prior to receiving certification of the research's review and approval by the IRB.

(End of provision)

Alternate I (MAR 2026) (RFO DEVIATION).

As prescribed in HHSAR 335.7004(a), substitute the following paragraph (g)(1) for paragraph (g)(1) of the basic clause.

(1) If the Offeror does not have an active FWA from OHRP, the Offeror must take all necessary steps to obtain an FWA prior to the proposal submission deadline. If the Offeror cannot obtain an FWA before the proposal submission deadline, the proposal must indicate the steps/actions the Offeror will take to obtain OHRP approval within (Contracting Officer insert a time period in which the FWA must be obtained). Upon obtaining FWA approval, submit the approval notice to the Contracting Officer.

352.235-71 Protection of Human Subjects.

Effective Date: 03/29/2026 (see HHSAR CD 2026-02 Amendment 1)

As prescribed in 335.7004(b)(1), insert the following clause:

PROTECTION OF HUMAN SUBJECTS (MAR 2026) (RFO DEVIATION)

(a) The Contractor must—

(1) Protect the rights and welfare of human subjects involved in research under this contract in accordance with 45 CFR part 46 and with the Contractor's current Federal-wide Assurance (FWA) on file with the Office for Human Research Protections (OHRP), Department of Health and Human Services;
(2) Provide certification at least annually that the Institutional Review Board has reviewed and approved the procedures which involve human subjects in accordance with 45 CFR part 46 and the Assurance of Compliance; and
(3) Ensure that other agencies or institutions the Contractor involves in activities considered to be engaged in research involving human subjects—
- (i) Obtain their own FWA if they are routinely engaged in research involving human subjects; or
- (ii) Are covered by the Contractors' FWA via designation as agents of the institution or via individual investigator agreements (see OHRP Web site at: http://www.hhs.gov/ohrp/policy/guidanceonalternativetofwa.pdf).

(b) The Contractor—

(1) Bears full responsibility for the performance of all work and services involving the use of human subjects under this contract and must ensure that work is conducted in a proper manner and as safely as is feasible.
(2) Retains the right to control and direct the performance of all work under this contract. Nothing in this contract must create an agency or employee relationship between the Government and the Contractor, or any subcontractor, agent or employee of the Contractor, or any other person, organization, institution, or group of any kind whatsoever.
(3) Will discharge its obligations, duties, and undertakings and the work pursuant thereto, whether requiring professional judgment or otherwise, as an independent Contractor without creating liability on the part of the Government for the acts of the Contractor or its employees.

(c) The Contractor must not expend funds under this contract for research involving human subjects or engage in any human subjects research activity prior to the Contracting Officer's receipt of a certification that the research has been reviewed and approved by the Institutional Review Board (IRB) registered with OHRP.

(1) This restriction applies to all collaborating sites, whether domestic or foreign, and subcontractors. The Contractor must ensure compliance by collaborators and subcontractors.

(d) If the Contractor fails to comply with any of the requirements of this clause, the Contracting Officer may immediately suspend, in whole or in part, work and further payments under this contract until the Contractor corrects the noncompliance.

(1) The Contracting Officer will communicate the notice of suspension in writing or by telephone with confirmation in writing.
(2) If the Contractor fails to complete corrective action(s) within the period of time designated in the written notice of suspension, the Contracting Officer may, after consultation with OHRP, terminate this contract in whole or in part.

(e) The Contractor must include the substance of this clause, including this paragraph (e), in all subcontracts that may include research involving human subjects.

(End of clause)

352.235-72 Needle Exchange.

Effective Date: 03/29/2026 (see HHSAR CD 2026-02 Amendment 1)

As prescribed in 335.7004(b)(2), insert the following clause:

NEEDLE EXCHANGE (MAR 2026) (RFO DEVIATION)

The Contractor must not use any funds obligated under this contract to carry out any program of distributing sterile needles or syringes for the hypodermic injection of any illegal drug.

(End of clause)

352.235-73 Continued Ban on Funding Abortion and Continued Ban on Funding of Human Embryo Research.

Effective Date: 03/29/2026 (see HHSAR CD 2026-02 Amendment 1)

As prescribed in 335.7004(b)(3), insert the following clause:

CONTINUED BAN ON FUNDING ABORTION AND CONTINUED BAN ON FUNDING OF HUMAN EMBRYO RESEARCH (MAR 2026) (RFO DEVIATION)

(a) The Contractor must not use any funds obligated under this contract for—

(1) Any abortion,
(2) Cloning of human beings, or
(3) For the following:
- (i) The creation of a human embryo or embryos for research purposes; or
- (ii) Research in which a human embryo or embryos are destroyed, discarded, or knowingly subjected to risk of injury of death greater than that allowed for research on fetuses in utero under 45 CFR part 46 and Section 498(b) of the Public Health Service Act (42 U.S.C. 289g(b)).

(b) The term “human embryo or embryos” includes any organism, not protected as a human subject under 45 CFR part 46 as of the date of the enactment of this Act, that is derived by fertilization, parthenogenesis, cloning, or any other means from one or more human gametes of human diploid cells.

(End of clause)

352.235-74 Notice to Offerors – Requirement for Compliance with the Public Health Service Policy on Humane Care and Use of Laboratory Animals.

Effective Date: 03/29/2026 (see HHSAR CD 2026-02 Amendment 1)

As prescribed in HHSAR 335.7104(a), insert the following provision:

NOTICE TO OFFERORS – REQUIREMENT FOR COMPLIANCE WITH THE PUBLIC HEALTH SERVICE POLICY ON HUMANE CARE AND USE OF LABORATORY ANIMALS (MAR 2026) (RFO DEVIATION)

(a) The Public Health Service (PHS) Policy on Humane Care and Use of Laboratory Animals (PHS Policy) establishes a number of requirements for research activities involving animals.

(b) Before awarding a contract to an offeror, the organization must file, with the National Institutes of Health (NIH), Office of Laboratory Animal Welfare (OLAW), , a written Animal Welfare Assurance (Assurance) which commits the organization to comply with the provisions of the PHS Policy, the Animal Welfare Act, and the Guide for the Care and Use of Laboratory Animals (National Academy Press, Washington, DC).

(c) In accordance with the PHS Policy, Offerors must establish an Institutional Animal Care and Use Committee (IACUC), qualified through the experience and expertise of its members, to oversee the institution's animal program, facilities, and procedures. Offerors must provide verification of IACUC approval prior to receiving an award involving live vertebrate animals.

(d) No award involving the use of animals must be made unless OLAW approves the Assurance and verification of IACUC approval for the proposed animal activities has been provided to the Contracting Officer.

(e) Prior to award, the Contracting Officer will notify Contractor(s) selected for projects involving live vertebrate animals of the Assurance and verification of IACUC approval requirement. The Contracting Officer will request that OLAW negotiate an acceptable Assurance with those Contractor(s) and request verification of IACUC approval.

(f) For further information, contact OLAW at NIH, 6705 Rockledge Drive, RKL1, Suite 360, MSC 7982 Bethesda, Maryland 20892-7982 (Email: olaw@od.nih.gov; Phone: 301-496-7163).

(End of provision)

352.235-75 Care of Live Vertebrate Animals.

Effective Date: 03/29/2026 (see HHSAR CD 2026-02 Amendment 1)

As prescribed in HHSAR 335.7104(b), insert the following clause:

CARE OF LIVE VERTEBRATE ANIMALS (MAR 2026) (RFO DEVIATION)

(a) Before undertaking performance of any contract involving animal-related activities where the species is regulated by the United States Department of Agriculture (USDA), the Contractor must register with the Secretary of Agriculture of the United States in accordance with 7 U.S.C. 2136 and 9 CFR 2.25 through 2.28. The Contractor must furnish evidence of the registration to the Contracting Officer.

(b) The Contractor must acquire vertebrate animals used in research from a dealer licensed by the Secretary of Agriculture under 7 U.S.C. 2133 and 9 CFR 2.1-2.11, or from a source that is exempt from licensing under those sections.

(c) The Contractor agrees that the care, use, and intended use of any live vertebrate animals in the performance of this contract must conform with the Public Health Service (PHS) Policy on Humane Care of Use of Laboratory Animals (PHS Policy), the current Animal Welfare Assurance (Assurance), the Guide for the Care and Use of Laboratory Animals (National Academy Press, Washington, DC) and the pertinent laws and regulations of the United States Department of Agriculture (see 7 U.S.C. 2131 et seq. and 9 CFR subchapter A, Parts 1-4). In case of conflict between standards, the more stringent standard must govern.

(d) If at any time during performance of this contract, the Contracting Officer determines, in consultation with the Office of Laboratory Animal Welfare (OLAW), National Institutes of Health (NIH), that the Contractor is not in compliance with any of the requirements and standards stated in paragraphs (a) through (c) above, the Contracting Officer may immediately suspend, in whole or in part, work and further payments under this contract until the Contractor corrects the noncompliance. Notice of the suspension may be communicated by telephone and confirmed in writing. If the Contractor fails to complete corrective action within the period of time designated in the Contracting Officer's written notice of suspension, the Contracting Officer may, in consultation with OLAW, NIH, terminate this contract in whole or in part, and the Contractor's name may be removed from the list of those contractors with Animal Welfare Assurances.

(e) The Contractor may request registration of its facility and a current listing of licensed dealers from the Regional Office of the Animal and Plant Health Inspection Service (APHIS), USDA, for the region in which its research facility is located. The location of the appropriate APHIS Regional Office, as well as information concerning this program may be obtained by contacting the Animal Care Staff, USDA/APHIS, 4700 River Road, Riverdale, Maryland 20737 (Email: ace@aphis.usda.gov; Web site: https://www.aphis.usda.gov/awa/apply).

(End of clause)

352.236-70 Design-Build Contracts.

Effective Date: 02/07/2026 (see HHSAR CD 2026-02)

As prescribed in HHSAR 336.101-70, insert the following clause:

DESIGN-BUILD CONTRACTS (FEB 2026) (RFO DEVIATION)

(a) General.

(1) The contract constitutes and defines the entire agreement between the Contractor and the Government. This contract includes the standard or special contract clauses and schedules included at the time of award. This contract incorporates by reference:

(i) The solicitation in its entirety (with the exception of instructions to offerors and evaluation criteria which do not become part of the award document);

(ii) The specifications and statement of work;

(iii) All drawings, cuts and illustrations, included in the solicitation and any amendments during all proposal phases leading up to award;

(iv) Exhibits and other attachments; and

(v) The successful Offeror's accepted proposal.

(2) In the event of conflict or inconsistency between any of the requirements of the various portions of this contract, precedence must be given in the following order:

(i) Betterments: Any portions of the Offeror's proposal which exceed the requirements of the solicitation and which go beyond repair and improve the value of the property.

(ii) The contract clauses and schedules included during the solicitation or at the time of award.

(iii) All requirements (other than betterments) of the accepted proposal.

(iv) Any design products, including but not limited to plans, specifications, engineering studies and analyses, shop drawings, equipment installation drawings, etc. These are “deliverables” under the contract and are not part of the contract itself.

(3) Design products must conform to all requirements of the contract, in the order of precedence stated here.

(b) Responsibility of the contractor for design. The Contractor's responsibilities include the responsibilities of the Architect-Engineer Contractor, as specified in RFO FAR 52.236-23.

(1) After receipt of the Contract Award, the Contractor must initiate design, comply with all design submission requirements, and obtain Government review of each submission. No construction may be started until the Government reviews the Final Design submission and determines it satisfactory for purposes of beginning construction. The Contracting Officer will notify the Contractor when the design is cleared for construction. The Government will not grant any time extension for any design resubmittal required when, in the opinion of the Contracting Officer, the initial submission failed to meet the minimum quality requirements as set forth in the Contract.

(2) If the Government allows the Contractor to proceed with limited construction based on pending minor revisions to the reviewed Final Design submission, no payment will be made for any completed or in-progress construction related to the pending revisions until they are completed, resubmitted, and are satisfactory to the Government.

(3) No payment will be made for any completed or in-progress construction until all required submittals have been made, reviewed, and are satisfactory to the Government.

(d) Constructor's role during design. The Contractor's construction management key personnel must be actively involved during the design process to effectively integrate the design and construction requirements of this contract. In addition to the typical required construction activities, the constructor's involvement includes, but is not limited to actions such as: integrating the design schedule into the Master Schedule to maximize the effectiveness of fast-tracking design and construction (within the limits, if any, allowed in the contract), ensuring constructability and economy of the design, integrating the shop drawing and installation drawing process into the design, executing the material and equipment acquisition programs to meet critical schedules, effectively interfacing the construction Quality Control (QC) program with the design QC program, and maintaining and providing the design team with accurate, up-to-date redline and as-built documentation. The Contractor must require and manage the active involvement of key trade subcontractors in the above activities.

(e) Payment for design under fixed-price design-build contracts.

(1) The Contracting Officer may approve progress payments for work performed during the project design phase up to the maximum amount of ____ (Contracting Officer to insert percent figure. If none stated, the amount is four (4) percent) percent of the contract price.

(2) Contractor invoices for payment must be accompanied by satisfactory documentation supporting the amounts for which payments are requested. Progress payments approved by the Contracting Officer during the project design phase in no way constitute an acceptance of functional and aesthetic design elements nor acceptance of a final settlement amount in the event of a buy-out nor a waiver of any contractual requirements.

(f) Unscheduled jobsite shutdowns. Due to security reasons during the life of this contract the Government may on an unscheduled basis require the contractor to shut down its jobsite for 2 days per year at no additional cost. This does not constitute a suspension of work under FAR 52.242-14, Suspension of Work.

(End of clause)

352.270-4a [Reserved]