Federal Acquisition Regulations Clauses

Transcription

1 Federal Acquisition Regulations Clauses When the items furnished under this Purchase Order are for use in connection with a U.S. Government prime contractor subcontract, the following Federal Acquisition Regulations ( FAR ) clauses, in addition to SpaceX s Standard Terms and Conditions, shall apply as required by the terms of the prime contractor by operation of law or regulation, and are hereby incorporated by reference. The effective version of each FAR clause shall be the same version as that which appears in SpaceX s prime contract, or higher-tier subcontract under which this Purchase Order is a subcontract. In all clauses listed herein, the terms Government, Contracting Officer and Contractor shall be revised to suitably identify the contracting parties herein and effect the proper intent of the clause. Subcontractor, however, shall mean Seller s Subcontractor under this Purchase Order Price or Fee Adjustment for Illegal or Improper Activity Whistleblower Protections Under the American Recovery and Reinvestment Act of Security Requirements Personal Identity Verification of Contractor Personnel Required Sources for Helium and Helium Usage Data Defense Priority and Allocation Requirements Audit and Records--Sealed Bidding Subcontractor Cost or Pricing Data--Modifications--Sealed Bidding Contract Work Hours and Safety Standards Act--Overtime Compensation Subcontracts (Labor Standards) Prohibition of Segregated Facilities Previous Contracts and Compliance Reports Affirmative Action Compliance Equal Opportunity Affirmative Action for Workers with Disabilities Combating Trafficking in Persons Hazardous Material Identification and Material Safety Data Notice of Radioactive Materials Contractor Policy to Ban Text Messaging While Driving Privacy Act Buy American Act Supplies Buy American Act Certificate Buy American Act-Free Trade Agreements-Israeli Trade Act Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate Trade Agreements Trade Agreements Certificate Duty-Free Entry Restrictions on Certain Foreign Purchases Patent Indemnity Refund of Royalties Filing of Patent Applications--Classified Subject Matter Patent Rights--Retention by the Contractor (Short Form) Patent Rights--Retention by the Contractor (Long Form) Patent Rights--Acquisition by the Government Rights in Data-General Additional Data Requirements Insurance--Work on a Government Installation Progress Payments Industrial Resources Developed Under Defense Production Act Title III Protection of Government Buildings, Equipment, and Vegetation Indemnification and Medical Liability Insurance Subcontracts for Commercial Items SPACE EXPLORATION TECHNOLOGIES CORP. Page 1 of 7 SPX , Version 1.0

2 Government Property, Alternate I Inspection of Supplies-Fixed Price Inspection of Supplies-Cost reimbursement Inspection of Services-Fixed Price Inspection of Services-Cost Reimbursement Inspection-Time-and-Materials and Labor-Hour Capability to Perform a Contract for the Relocation of a Federal Office, and Alternate I Preference for Privately Owned U.S. Flag Commercial Vessels Applicable to all Purchase Orders over $2,500: Service Contract Act of 1965, as Amended 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 Employment Eligibility Verification Applicable to all Purchase Orders over $15,000: Notification of Employee Rights Under the National Labor Relations Act Applicable to all Purchase Orders over $25,000: Protecting the Government s Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment Promoting Excess Food Donation to Nonprofit Organizations Value Engineering Construction Applicable to all Purchase Orders over $100,000: Anti-Kickback Procedures Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions Limitation on Payments to Influence Certain Federal Transactions Equal Opportunity for Veterans Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans Employment Reports on Veterans Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans Authorization and Consent Value Engineering Applicable to all Purchase Orders Exceeding the Simplified Acquisition Threshold: Restrictions on Subcontractor Sales to the Government Certification Regarding Responsibility Matters Audit and Records--Negotiation Integrity of Unit Prices Limitation on Pass-Through Charges Utilization of Small Business Concerns Authorization and Consent Notice and Assistance Regarding Patent and Copyright Infringement Preference for U.S.-Flag Air Carriers Applicable to all Purchase Orders over $650,000: Small Business Subcontracting Plan SPACE EXPLORATION TECHNOLOGIES CORP. Page 2 of 7 SPX , Version 1.0

3 Applicable to all Purchase Orders over $700,000: Price Reduction for Defective Cost or Pricing Data Price Reduction for Defective Cost or Pricing Data Modification Subcontractor Cost or Pricing Data Subcontractor Cost or Pricing Data--Modifications Pension Adjustments and Asset Reversions Facilities Capital Cost of Money Waiver of Facilities Capital Cost of Money Reversion or Adjustment of Plans for Post Retirement Benefits (PRB) Other Than Pensions Notification of Ownership Changes Cost Accounting Standards Disclosure and Consistency of Cost Accounting Practices Administration of Cost Accounting Standards Applicable to all Purchase Orders over $5,000,000: Contractor Code of Business Ethics SPACE EXPLORATION TECHNOLOGIES CORP. Page 3 of 7 SPX , Version 1.0

4 Department of Defense FAR Supplement Clauses When the items furnished under this Purchase Order are for use in connection with a U. S. Government Department of Defense Prime Contract or subcontract, the following Department of Defense FAR Supplement ( DFARS ) clauses, in addition to the Supplier Terms and Conditions and the FAR clauses, shall apply as required by the terms of the prime contract or by operation of law or regulation. The effective version of each DFARS clause shall be the same version as that which appears in Buyer s prime contract, or higher-tier subcontract under which this Purchase Order is a subcontract Requirement to Inform Employees of Whistleblower Rights Disclosure of Information Requirements for Contracts Involving Export-Controlled Items Requirement for Contractor to Notify DOD if the Contractor s Activities Are Subject to Reporting under the U.S. International Atomic Energy Agency Protocol Intent to Furnish Precious Metals as Government Furnished Material Item Identification and Valuation Reporting of Government-Furnished Equipment in the DOD Item Unique Identification Registry Excessive Pass-Through Charges Restrictions of Employment of Personnel Safety Precautions for Ammunition and Explosives Prohibition on Storage and Disposal of Toxic and Hazardous Materials Safeguarding Sensitive Conventional Arms, Ammunition, and Explosives Buy American Act Balance of Payment Programs Certificate Buy American Act and Balance of Payment Programs Prohibition on Acquisition of United States Munitions Items from Chinese Military Companies Restriction on Acquisition of Certain Articles Containing Specialty Metals Duty-Free Entry Restriction on Acquisition of Ball and Roller Bearings Trade Agreements Restriction on Acquisition of Forgings Rights in Technical Data--Noncommercial Items Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation Technical Data Commercial Items Rights in Bid or Proposal Information Rights in Noncommercial Technical Data and Computer Software- -Small Business Innovative Research Program Validation of Asserted Restrictions Computer Software Rights in Shop Drawings Validation of Restrictive Markings on Technical Data Patent Rights - Ownership by the Contractor (Large Business) Accident Reporting and Investigation Involving Aircraft, Missiles and Space Launch Vehicles Frequency Authorization Requirement for Competition Opportunity for American Steel Producers, Fabricators, and Manufacturers Prohibition on Interrogation of Detainees by Contractor Personnel Telecommunications Security Equipment, Devices, Techniques, and Services Subcontracts for Commercial Items and Commercial Components (DOD Contracts) Notification of Potential Safety Issues Transportation of Supplies by Sea Notification of Transportation of Supplies by Sea SPACE EXPLORATION TECHNOLOGIES CORP. Page 4 of 7 SPX , Version 1.0

5 Notification of Anticipated Program Termination or Reduction Applicable to all Purchase Orders Exceeding the Simplified Acquisition Threshold: Prohibition on Persons Convicted of Fraud or other Defense-Contract-Related Felonies Requests for Equitable Adjustment Applicable to all Purchase Orders over $50,000: Small Business Subcontracting Plan (DOD Contracts) Quarterly Reporting of Actual Contract Performance outside the United States Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns Applicable to all Purchase Orders over $1,000,000: Acquisition Streamlining Applicable to all Purchase Orders over $5,000,000: Display of fraud hotline poster(s) Applicable to all Purchase Orders over $50,000,000: Cost and Software Data Reporting System SPACE EXPLORATION TECHNOLOGIES CORP. Page 5 of 7 SPX , Version 1.0

6 NASA FAR Supplement Clauses When the items furnished under this Purchase Order are for use in connection with a U. S. Government National Aeronautics and Space Administration (NASA) Prime Contract or subcontract, the following NASA FAR Supplement ( NFS ) clauses, in addition to the Supplier Terms and Conditions and the FAR clauses, shall apply as required by the terms of the prime contract or by operation of law or regulation. The effective version of each NFS clause shall be the same version as that which appears in Buyer s prime contract, or higher-tier subcontract under which this Purchase Order is a subcontract Security Requirement for Unclassified Information Technology Resources Restrictions on Printing and Duplicating Packaging, Handling, and Transportation Use of Rural Area Small Businesses NASA 8 Percent Goal Safety and Health Frequency Authorization Safety and Health (Short Form) Drug and Alcohol Free Workforce Export Licenses Restriction on Funding Activity with China Patent Rights - Retention by the Contractor Rights in Data General New Technology Requests for Waiver of Rights to Inventions Designation of New Technology Representative and Patent Representative Commercial Computer Software - Licensing Cross-Waiver of Liability for Space Station Activities Cross-Waiver of Liability for NASA Expendable Launch Vehicle (ELV) Launches Pension Portability Access to Sensitive Information Release of Sensitive Information Observance of Legal Holidays NASA Contractor Financial Management Reporting Liability for Government Property Furnished for Repair or Other Services Financial Reporting Of NASA Property in the Custody of Contractors Identification and Marking of Government Equipment Protection of the Florida Manatee Applicable To All Purchase Orders Over $100,000: Geographic Participation in the Aerospace Program Applicable To All Purchase Orders Over $500,000: Small Business Subcontracting Reporting Determination of Compensation Reasonableness SPACE EXPLORATION TECHNOLOGIES CORP. Page 6 of 7 SPX , Version 1.0

7 Department of Energy Acquisition Regulation Clauses When the items furnished under this Purchase Order are for use in connection with a U. S. Government Prime Contract or subcontract, the following Department of Energy Acquisition Regulations ( DEAR ) clauses, in addition to the Supplier Terms and Conditions, the FAR clauses, and the FAR supplement causes shall apply as required by the terms of the prime contract or by operation of law or regulation. The effective version of each DEAR clause shall be the same version as that which appears in Buyer s prime contract, or higher-tier subcontract under which this Purchase Order is a subcontract Nuclear Hazards Indemnity Agreement SPACE EXPLORATION TECHNOLOGIES CORP. Page 7 of 7 SPX , Version 1.0