If there is any inconsistency with Black Hall Aerospace Commercial Purchase Order Terms and Conditions, the following clauses shall apply.

Transcription

1 ADDITIONAL TERMS AND CONDITIONS IF CONTRACT # W15P7T-10-D-D414 IS CITED For purchase orders placed by Buyer in support of and/or relating to Contract #: W15P7T-10-D-D414, the following clauses set forth in the Federal Acquisition Regulation (FAR) and Defense FAR Supplement (DFARS) are incorporated herein by reference. These clauses are incorporated by reference with the same force and effect as if they were given in full text. If the date or substance of any of the clauses listed below is different from the date currently listed in the FAR and/or DFARS, the date or substance of the clause listed below shall apply. The full text is available upon request. If there is any inconsistency with Black Hall Aerospace Commercial Purchase Order Terms and Conditions, the following clauses shall apply. In all referenced FAR/DFARS clauses, where necessary to make clauses consistent with the Purchase Order, the terms Government, Contracting Officer, and similar or equivalent words shall mean Buyer and Buyer s authorized representatives. The words Contractor shall mean Seller and the term Contract shall mean this Agreement. The referenced clauses shall apply to Seller as necessary to reflect Seller as a subcontractor to the Buyer, to ensure Seller s obligation to the Buyer and the US Government under obligations of the Prime Contract number listed herein. Additionally, Seller agrees that it will negotiation in good faith for any amendments to this contract that may reasonably be deemed necessary in order to comply with the provisions of the Prime Contract or any applicable amendments to the Prime Contract. 1. If the Purchase Order is for Commercial Items as defined in FAR 2.101, then the Purchase Order is subject to the following clauses, all of which are hereby incorporated by reference: REGULATION CLAUSE TITLE DATE FAR Restrictions on Subcontractor Sales to the Government (Applies if this Purchase Order exceeds $150,000) Sep-06 FAR Contractor Code of Business Ethics and Conduct (Applies if this Purchase Order exceeds $5,500,000) Apr-10 FAR Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Sep-06 Debarment (Applies if this Purchase Order exceeds $35,000) FAR Utilization of Small Business Concerns (Applies if this Purchase Order exceeds $150,000) May-04 FAR Small Business Subcontracting Plan (Applies if this Purchase Order exceeds $700,000) Jul-10 FAR Nondisplacement of Qualified Workers Jan-13 used in part as the basis for design, manufacture, or sale of items without express written consent. Page 1

2 FAR Prohibition of Segregated Facilities Feb-99 FAR Preaward On-Site Equal Opportunity Compliance Evaluation Feb-99 FAR Equal Opportunity Mar-07 FAR Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Applies if this Sep-06 Purchase Order exceeds $150,000) FAR Service Contract Act of 1965 Nov-07 FAR Fair Labor Standards Act and Service Contract Act -- Price Adjustment Sep-09 FAR Combating Trafficking in Persons Mar-15 FAR Ozone-Depleting Substances May-01 FAR Restrictions on Certain Foreign Purchases Jun-08 FAR Energy Efficiency in Energy-Consuming Products Dec-07 FAR IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products Dec-07 FAR Privacy or Security Safeguards Aug-96 DFARS Limitations on the Use or Disclosure of Third-Party Contract Dec-15 DFARS Safeguarding Covered Defense Information and Cyber Incident Dec-15 DFARS ITEM IDENTIFICATION AND VALUATION Aug-08 DFARS Radio Frequency Identification Feb-07 DFARS Excessive Pass-Through Charges - Identification of Subcontract Effort May-08 DFARS Excessive Pass-Through Charges May-08 DFARS Small, Small Disadvantaged and Women-Owned Small Business Subcontracting Plan Feb-09 DFARS Buy American Act and Balance of Payments Program Jan-09 DFARS Quarterly Reporting of Actual Contract Performance Outside the United States May-07 DFARS Preference for Certain Domestic Commodities Jun-10 DFARS Restriction on Acquisition of Hand or Measuring Tools Jun-05 DFARS Restriction on Acquisition of Ball and Roller Bearings Mar-06 DFARS Restriction on Contingent Fees for Foreign Military Sales Apr-03 DFARS Exclusionary Policies and Practices of Foreign Governments Apr-03 DFARS Secondary Arab Boycott of Israel Jun-05 DFARS DFARS Contractor Personnel Supporting U.S. Armed Forces Deployed Outside the United States Antiterrorism/Force Protection for Defense Contractors Outside the United States Oct-15 Mar-06 used in part as the basis for design, manufacture, or sale of items without express written consent. Page 2

3 DFARS DFARS DFARS PROHIBITION ON CONTRACTING WITH THE ENEMY (DEV o0016) (Applies if this Purchase Order exceeds $50,000) (DEVIATION 2015) ACCESS TO CONTRACTOR & SUBCONTRACTOR RECORD (Applies if this Purchase Order exceeds $100,000) (DEVIATION 2015-O0009) Contractor Personnel Performing in the United States Central Command Area of Responsibility Dec-15 Mar-15 Jan-15 DFARS (DEVIATION 2013-O0017) CONTRACTOR DEMOBILIZATION Aug-13 DFARS REQUIREMENT FOR PRODUCTS OR SERVICES FROM AFGHANISTAN, A CENTRAL ASIAN STATE, PAKISTAN, OR THE Dec-15 SOUTH CAUCASUS DFARS Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns Sep-04 (Applies if this Purchase Order exceeds $500,000) DFARS Rights in Technical Data--Noncommercial Items Feb-14 DFARS Technical Data-Commercial Items Feb-14 DFARS Validation of Restrictive Markings on Technical Data Jun-13 DFARS TAXES--FOREIGN CONTRACTS IN AFGHANISTAN Dec-15 DFARS Training for Contractor Personnel Interacting with Detainees Sep-06 DFARS Requests for Equitable Adjustment (Applies if this Purchase Order exceeds $150,000) Mar-98 DFARS Subcontracts for Commercial Items and Commercial Components Aug-09 DFARS Notification of Potential Safety Issues Jan-07 DFARS TRANSPORTATION OF SUPPLIES BY SEA Mar If the Purchase Order is for other than Commercial Items as defined in FAR 2.101, then the Purchase Order is subject to the following clauses, all of which are hereby incorporated by reference: REGULATION CLAUSE TITLE DATE FAR Security Requirements Aug-96 FAR Personal Identity Verification of Contractor Personnel Sep-07 FAR Contractor Use of Mandatory Sources of Supply or Services Oct-08 FAR Material Requirements Aug-00 FAR Liquidated Damages--Supplies, Services, or Research and Development Sep-00 FAR Defense Priority and Allocation Requirements Apr-08 FAR Submission of Offers in the English Language Apr-91 used in part as the basis for design, manufacture, or sale of items without express written consent. Page 3

4 CAGE: 7FQU2 FAR Submission of Offers in U.S. Currency Apr-91 FAR Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data Oct-97 FAR Drug-Free Workplace May-01 FAR Notice of Radioactive Materials Jan-97 FAR Privacy Act Notification Apr-84 FAR Privacy Act Apr-84 FAR AUTHORIZATION AND CONSENT Apr-84 FAR Notice and Assistance Regarding Patent and Copyright Infringement Dec-07 FAR Refund of Royalties Apr-84 FAR Filing of Patent Applications -- Classified Subject Matter Dec-07 FAR Workers' Compensation Insurance (Defense Base Act) Jul-14 FAR Workers' Compensation and War-Hazard Insurance Overseas Apr-84 FAR Cost Accounting Standards Oct-08 FAR Administration of Cost Accounting Standards Jun-10 FAR Unenforceability of Unauthorized Obligations Jun-13 FAR DISPUTES Jul-02 FAR Protest After Award Jun-85 FAR Applicable Law for Breach of Contract Claim Oct-04 FAR Protection of Government Buildings, Equipment, and Vegetation Apr-84 FAR Production Progress Reports Apr-91 FAR Stop-Work Order Apr-84 FAR CHANGES -- FIXED-PRICE Apr-84 FAR Change Order Accounting Apr-84 FAR Subcontracts for Commercial Items Jun-10 FAR Government Property Jun-07 FAR Use and Charges Apr-12 FAR Higher-Level Contract Quality Requirement. Feb-99 FAR Certificate of Conformance Apr-84 FAR Report of Shipment (REPSHIP) Feb-06 DFARS Disclosure of Information Dec-91 DFARS Control of Government Personnel Work Product Apr-92 DFARS Availability of Specifications, Standards, and Data Item Descriptions Not listed in the Acquisition Streamlining and Standardization Information System (ASSIST), and Plans, Drawings, and Other Pertinent Documents May-06 DFARS PROHIBITION ON USE OF NONIMMIGRANT ALIENS--GUAM Sep-99 DFARS Hazard Warning Labels Dec-91 used in part as the basis for design, manufacture, or sale of items without express written consent. Page 4

5 CAGE: 7FQU2 DFARS Prohibition on Storage and Disposal of Toxic and Hazardous Materials Apr-93 DFARS Duty-Free Entry Dec-09 DFARS Restriction on Acquisition of Forgings Dec-09 DFARS Restriction on Acquisition of Carbon, Alloy, and Armor Steel Dec-06 DFARS Rights in Noncommercial Computer Software and Noncommercial Feb-14 DFARS Rights in Bid or Proposal Information Jan-11 DFARS Identification and Assertion of Use, Release, or Disclosure Jun-95 DFARS Rights in Noncommercial Technical Data and Computer Software Jun-95 DFARS Rights in Special Works Jun-95 DFARS Limitations on the Use or Disclosure of Government-Furnished May-13 DFARS Deferred Ordering of Technical Data or Computer Software Apr-88 DFARS Technical Data or Computer Software Previously Delivered to the Government Jun-95 DFARS TECHNICAL DATA-WITHHOLDING OF PAYMENT Mar-00 DFARS Patent Rights-Ownership by the Contractor (Large Business) Dec-07 DFARS Ground and Flight Risk Jun-10 DFARS Capture and Detention Dec-91 DFARS Accident Reporting and Investigation Involving Aircraft, Missiles and Space Launch Vehicles Dec-91 DFARS Compliance with Spanish Laws and Insurance Dec-98 DFARS Customs Exemptions (Germany) Jun-97 DFARS Value Added Tax Exclusion (United Kingdom Jun-97 DFARS Supplemental Cost Principles Dec-91 DFARS Frequency Authorization. Dec-91 DFARS Final Scientific or Technical Report Nov-04 DFARS Protection Against Compromising Emanations Jun-04 DFARS Information Assurance Contractor Training and Certification Jan-08 DFARS Telecommunications Security Equipment, Devices, Techniques, and Services Dec-91 DFARS Pricing of Contract Modifications Dec-91 DFARS Tagging, Labeling, and Marking of Government-Furnished Property Apr-12 DFARS Reporting Loss of Government Property Apr-12 DFARS Contractor Property Management System Administration Apr-12 DFARS Reporting, Reutilization, and Disposal Mar-15 DFARS Material Inspection and Receiving Report Mar-08 DFARS Contractor Counterfeit Electronic Part Detection and Avoidance May-14 used in part as the basis for design, manufacture, or sale of items without express written consent. Page 5

6 3. For Purchase Orders exceeding the Simplified Acquisition Threshold as defined in FAR 2.101, the Purchase Order is subject to the following clauses, all of which are hereby incorporated by reference: REGULATION CLAUSE TITLE DATE FAR Restrictions on Subcontractor Sales to the Government Sep-06 FAR Anti-Kickback Procedures Jul-95 FAR Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity Jan-97 FAR Price or Fee Adjustment for Illegal or Improper Activity Jan-97 FAR Limitation on Payments to Influence Certain Federal Transactions Sep-07 FAR Preventing Personal Conflicts of Interest Dec-11 FAR Audit and Records Negotiation Mar-09 FAR Integrity of Unit Prices Oct-97 FAR Contract Work Hours and Safety Standards Act-Overtime Compensation Jul-05 FAR Patent Indemnity Apr-84 FAR Insurance--Work on a Government Installation Jan-97 FAR Interest Oct-08 FAR Identification of Uncompensated Overtime Oct-97 FAR Bankruptcy Jul-95 FAR Inspection of Supplies--Fixed-Price Aug-96 FAR Inspection of Services--Fixed-Price Aug-96 FAR Limitation of Liability--Services Feb-97 FAR Preference for U.S.-Flag Air Carriers Jun-03 FAR Value Engineering Feb-00 FAR Termination for Convenience of the Government (Fixed-Price) May-04 FAR Default (Fixed-Price Supply and Service) Apr Clauses required when subcontractor cost or pricing data are required as defined in FAR 2.101, all of which are hereby incorporated by reference: FAR Display of Hotline Poster(s). (Applies if this Purchase Order exceeds $5,500,000) Dec-07 FAR Price Reduction for Defective Cost or Pricing Data--Modifications Oct-97 FAR Subcontractor Cost or Pricing Data--Modifications Oct-97 FAR PENSION ADJUSTMENTS AND ASSET REVERSIONS Oct-04 used in part as the basis for design, manufacture, or sale of items without express written consent. Page 6

7 FAR Reversion or Adjustment of Plans for Postretirement Benefits Jul-05 FAR Notification of Ownership Changes Oct-97 FAR FAR Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data -- Modifications Limitations on Pass-Through Charges-Identification of Subcontractor Effort Oct-97 Oct-09 FAR Limitations on Pass-Through Charges Oct-09 FAR Preaward On-Site Equal Opportunity Compliance Evaluation (Applies if this Purchase Order exceeds $10,000,000) Feb-99 DFARS Pricing Adjustments Dec-91 DFARS Report of Intended Performance Outside the United States and Canada- Submission with Offer (Applies if this Purchase Order exceeds $13,500,000) Dec Equal Opportunity for Workers with Disabilities (FAR ) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR (a), as of March 24, This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans 6. Affirmative Action for Workers with Disabilities (FAR ) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR (a), as of March 24, This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities. used in part as the basis for design, manufacture, or sale of items without express written consent. Page 7