N D-0004-LF37

Transcription

1 N D-0004-LF37 The following clauses set for the in the Federal Acquisition Regulations (FAR) and Defense Federal Acquisition Regulation Supplement (DFARS) as in effect on the date of this purchase order are incorporated herein by reference (as in full text). Seller shall include the following clauses in its lowertier purchase orders as required. If any of the following FAR or DFARS clauses do not apply to a particular purchase order, such clauses are considered to be self-deleting. Clause Description Notes Requirements Relating to Compensation of Former DoD Officials Flow on all PO's Prohibition on Persons Convicted of Fraud > SAT Requirement to Inform Employees of Whistleblower Rights Display of Fraud Hotline Poster(s) IAW Subparagraph c >$5,000,000 On all orders where unclassified information may Disclosure of Information be sensitive Safeguarding of Unclassified Controlled Technical Information Acquisition Streamlining >$1,500, Item Identification and Valuation On all Orders Restrictions on Employment of Personnel Flow on all PO's including COTS * Requires Distribution Statements on technical data Restrictions on the use of Mandatory Arbitration Agreements As applicable >$1,000, Prohibition on Storage and Disposal of Toxic and Hazardous Materials (Alt I) Buy American Act On all PO's Qualifying Country Sources as Subcontractors On all PO's Prohibition on Acquisition of United States Munitions List Items from Communist Chinese Military Companies ITAR Parts Restriction on Acquisition of Specialty Metals Restriction on Acquisition of Certain Articles Containing Specialty Metals Flow on all PO's Commercial Derivative Military Article - Specialty Metals Compliance Certificate Preference for Certain Domestic Commodities Duty Free Entry Restriction on Acquisition of Hand or Measuring Tools Restriction on Acquisition of Ball and Roller Bearings N/A for commercial items or non ball & roller bearing items; otherwise flow on all PO's Trade Agreements Restriction on Acquisition of Forgings (Dec 2009) Flow for any forgings purchased Restriction on Acquisition of Carbon, Alloy, and Armor Steel Plate Waiver of United Kingdom Levies >$1,500, Buy American Act - Free Trade Agreement + Alt II Contractor Personnel Authorized to Accompany U.S. Armed Forces Deployed Outside the US Antiterrorism/Force Protection

2 Export-Controlled Items Flow on all POs Utilization of Indian Organizations >$500, Rights in Technical Data -Noncommercial Items when required to deliver technical data Rights in noncommerical computer software and noncommercial software documentation when required to deliver software Technical Data - Commercial Items requireing technical data on commercial items Rights in Bid or Proposal Information Identification and Assertion of Use, Release, or Disclosure Restrictions Validation of Asserted Restrictions - Computer Software requiring software delivery Rights in Data-Existing Works Government Rights (Unlimited) Drawings and Other Data Become Property of Government Deferred Delivery of Technical Data Deferred Ordering of Technical Data Technical Data or Computer Software Previously Delivered to the Govt Technical Data - Wihtholding of Payment Rights in Technical Data and Computer Software (Foreign) Rights in Shop Drawings Validation of Restrictive Markings on Technical Data Ground and Flight Risk Accident Reporting and Investigation Reporting of Foreign Taxes - U.S. Assistance Programs >$ Frequency Authorization Modification Proposals - Price Breakdown Telecommunicaitons Security Equipment, Devices, Techniques, and Services All orders for telecommunications Notice of Supply Chain Risk Supply Chain Risk Subcontracts for Commerical Items and Commercial Components Warranty of Data Notification of Potential Safety Issues N/A for "Commercial Item" Contractor Counterfeit Electronic Part Detection and Avoidance System Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer Transportation of Supplies by Sea Notification of Transportation of Supplies by Sea Notification of Anticipated Contract Termination or Reduction >$150, Definitions Flow on all PO's Price or Fee Adjustment for Illegal or Improper Activity Certification and Disclosure Regarding Payments Certification Limitation on Payments to Influence Certain Federal Transactions > $150, Contractor Code of Business Ethics and Conduct > $5,000,000 + performance period > 120 days Display of Hotline Posters over $5,000,000; n/a for commercial items Whistleblower Protections Under the American Recovery and Reinvestment Act Applies of funded with ARRA funds

3 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights >$150, Gratuities Flow on all PO's Covenant Against Contingent Fees Flow on all PO's Restrictions on Subcontractor's Sales to the Government >SAT Anti-Kickback Procedures > $150, Cancellation, Rescission, and Recovery of Funds Illegal or Improper Activity Reporting Executive Compensation and First-Tier Subcontract Awards >$25, American Recovery and Reinvestment Act - Reporting Requirements >$25, Security Requirements Applies if access to classified information reqd Personal Identity Verification of Contractor Personnel IAW (b) of this clause Economic Purchase Quantity - Supplies Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Sep 2006) N/A for "Commercial Item"; > $30, Defense Priority and Allocation Requirements Applies if Priority Rating Listed on Order Material Requirements Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items Applies to Commerical Items Audit and Records - Sealed Bidding >$700,000 Price Reduction for Defective Cost or Pricing Data - Modifications - Sealed Bidding Applies when cost and pricing data reqd Subcontractor Cost or Pricing Data - Modifications - Sealed Bidding >$700, Price Reduction for Defective Cost or Pricing Data Applies when cost and pricing data reqd Price Reduction for Defective Cost or Pricing Data-Modifications Applies when cost and pricing data reqd Subcontracting Cost or Pricing Data Applies when cost and pricing data reqd Subcontractor Cost or Pricing Data - Modifications Applies when cost and pricing data reqd Integrity of Unit Prices > SAT Pension Adjustments and Asset Reversions Facilities Capital Cost of Money Applies to Cost-Type orders Waiver of Facilities Capital Cost of Money Applies to Cost-Type orders Reversion or Adjustment of Plans for Postretirement Notification of Ownership Changes Audit and Records Negotiations >SAT Requirements for Cost or Pricing Data Requirements for Cost or Pricing Data or Information other than Cost or Pricing Data - Modifications Limitation on Pass-Through Charges Alt Allowable Cost and Payment Applies to Cost-Type orders Utilization of Small Business Concerns Small Business Subcontracting Plan >$650, Notice to Government of Labour Disputes Subcontracts (Labor Standards) If for construction in U.S. >$2k Wals-Healy Public Contracts Act >$15, Prohibition of Segregated Facilities >$10, Pre-award On-Site Equal Opportunity Compliance Evaluation >$10,000, Equal Opportunity >$10, Affirmative Action Compliance Requirements for Construction Construction orders >$10k Convict Labor If above micro purchase level

4 Project Labor Agreements Applies for construction Equal opportunity for Special Disabled etc. > $100, Affirmative Action for Workers With Disabilities > $15, Employment Reports on Special Disabled etc. > $100, Contract Work Hours and Safety Standards Act Overtime Notification of Employee Rights Under the National Labor Relations Act >$10, Service Contract Act of 1965 >$2, Combating Trafficking in Persons *notice to employees required; flow on all POs Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment - Requirements Exemption from Application of the Service Contract Act to Contracts for Certain Services - Requirements Applies to Orders for Exempt Services Applies to Orders for Exempt Services Employment Eligibility Verification Flow for "services" and construction over $3, Ozone Depleting Substances Energy Efficiency in Energy-Consuming Products Encouraging Contractor Policies to Ban Text Messaging While Driving > $3, Hazardous Material Identification and Material Safety Data Notice of Radioactive Materials Applies of Radioactive Materials involved Buy American Act - Supplies Applies to all subcontracts for supplies Restrictions on Certain Foreign Purchases Required Use of American Iron, Steel, and Manufactured Goods - Buy American Act - Construction Materials Consturction Subcontracts Required Use of American Iron, Steel, and Manufactured Goods - Buy American Act - Construction Materials under Trade Agreements Contractors Performing Private Security Functions Outside the United States Buy American Act - North American Free Trade Agreement - Israeli Trade Act Construction Subcontracts Trade Agreements Duty Free Entry Authorization and Consent >SAT Filing of Patent Applications - Classified Subject Matter Patent Rights - Ownership by the Contractor Patent Rights - Ownership by the Government Rights in Data - General Notice and Assistance Regarding Patent and Copyright Infringement >SAT Patent Indemnity Refund of Royalties Workers' Compensation Insurance (Defense Base Act) Workers' Compensation and War-Hazard Insurance Overseas Insurance -Work on a Government Installation State of New Mexico Gross Receipts and Compensating Tax Federal, State and Local Taxes Taxes - Foreign Fixed-Price Contracts Cost Accounting Standards As applicable

5 Interest Prompt Payment for Construction Contracts Construction orders Providing Accelerated Payments to Small Business Subcontractors Flow on all POs to small businesses (including COTS) Industrial Resources Developed Under Defense Production Act Title III Accident Prevention Stop Work Order Competition in Subcontracting Subcontracts for Commercial Items Government Property DEVIATION, Alternative I Use and Charges Contractor Inspection Requirements Responsibility for Supplies Inspection of Supplies-Fixed Price (Aug 1996) Preference for US-Flag Air Carriers Preference for Privately-owned US Flag Commercial Vessels N/A for "Commercial Item" Value Engineering >$150, Termination for Convenience of the Government (Fixed-Price) Termination (Cost Reimbursement) Cost Reimbursement Type Orders Default (Fixed-Price Supply and Service)