PURCHASE ORDER CONDITIONS Attachment A
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1 PURCHASE ORDER CONDITIONS Attachment A 1. GOVERNMENT CONTRACT PROVISIONS Clauses referenced below shall be those in effect on the effective date of the prime contract which is identified on the face of this Order. If there is a conflict or addition to a clause in effect on the effective date of this Order and a clause of the Prime Contract, the Prime Contract clause shall govern. Wherever necessary to make the context of the clauses set forth below applicable to this Order, the term "Contractor" shall mean Seller, the term "Contract" shall mean this Order, and the terms "Government", "Contracting Officer" and equivalent phrases shall mean the Purchaser, except the terms "Government" and "Contracting Officer" do not change: (1) In the phrases "Government Property", "Government-Owned Property", "Government Equipment", and "Government-Owned Equipment"; (2) When a right, act, authorization or obligation can be granted or performed only by the Government or the prime contract Contracting Officer or his duly authorized representative, (3) When access to proprietary financial information or other proprietary data is required, (4) When title to property is to be transferred directly to Government, (5) Where specifically modified as noted below, (6) in FAR provisions , , , , , , , , , and (7) in DEFARS provisions: , , FAR SECTION TITLE OF CLAUSE Definitions Gratuities Covenant Against Contingent Fees Restrictions on Subcontractor Sales to the Government Anti-Kickback Procedures Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity Price or Fee Adjustment for Illegal or Improper Activity Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions Limitation on Payments to Influence Certain Federal Transactions Contractor Code of Business Ethics and Conduct Display of Hot Line Posters Whistleblower Blower Protections Under The American Recovery and Reinvestment Act of Security Requirements Central Contractor Registration Reporting Subcontract Awards Required Sources for Helium and Helium Usage Data Certification Regarding Debarred, Suspension, Proposed for Debarment and Other Responsibility Matters Protecting the Governments Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment Material Requirements Defense Priority and Allocation Requirements Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items Audit Records-Sealed Bidding Price Reduction for Defective Cost or Pricing Data- Modifications-Sealed Bidding Subcontractor Cost or Pricing Data-Modifications-Sealed Bidding Audit and Records- Negotiation /11 Price Reduction for Defective Cost or Pricing Data/Modification /13 Subcontractor Cost or Pricing Data/Modifications & ALT 1 Integrity of unit Price Pension Adjustment and Asset Reversions Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions Notification of Ownership Changes Updated August 2014 Page 1 of 5
2 FAR SECTION TITLE OF CLAUSE Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data-Modifications Limitations on Pass Through Charges- Identification of Subcontract Effort and Alt I Limitations on Pass Through Charges Price Redetermination-Prospective Price Redetermination-Retroactive Allowable Costs and Payment Fixed Fee Incentive Fee Incentive Price Revision-Firm Target Incentive Price Revision-Successive Target Limitation of Government Liability Contract Definitizaton Utilization of Small Business Concerns Small Business Subcontracting Plan Convict Labor Contract Work Hours and Safety Standards Act-Overtime Compensation Subcontracts (Labor Standards) Walsh-Healy Public Contracts Act Prohibition of Segregated Facilities Previous Contracts and Compliance Reports Equal Opportunity Affirmative Action Compliance Requirements for Construction Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans Affirmative Action for Workers with Disabilities Employment reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans Notification of Employee Rights Concerning Payment of Union Dues or Fees Notification of Employee Rights Under the National Labor Relations Act Service Contract Act of 1965 as Amended Combating Trafficking in persons Employment Eligibility Verification Hazardous Material Identification and Material Safety Data Notice of Radio Active Materials Ozone-Depleting Substances Certification of Chemical Release reporting Toxic Chemical Release Reporting Privacy Act Buy American Act-Free Trade Agreements-Israeli Trade Act Duty Free Entry Restrictions on Certain Foreign Purchases Place of Manufacturer Contractors Performing Private Security Functions Outside the United States & Alt 1 Authorization and Consent Notice and Assistance Regarding Patent and Copyright Infringement Patent Indemnity Refund of Royalties /11/13 Patent Rights Insurance-Work on a Government Installation Federal, State and Local Taxes State of New Mexico Gross Receipts and Compensating Tax /2/3/4/5/6 Cost Accounting Standards Payments Payments Under Fixed Price Research and Development Contracts Limitation on Withholding of Payments /22 Limitation of Cost / Limitation of Funds Updated August 2014 Page 2 of 5
3 FAR SECTION TITLE OF CLAUSE Service of Protest and Alt I Protest after award Applicable Law for Breach of Contract claim Industrial resources developed under defense production Act Title III Accident Prevention Indemnification and Medical Liability Insurance Notice of Intent to Disallow Costs Penalties for Unallowable Costs Stop-Work order Government Delay of Work Changes- Fixed Price Changes- Cost Reimbursement Subcontracts Competition in subcontracting Subcontracts for Commercial Items & Alt 1 Government Property (Fixed Price Contracts) Inspection of Supplies- Fixed-Price /5/6 Inspection of Supplies- Cost Reimbursement / Services - Cost Reimbursement / Time and Material and Labor-hour Responsibility for Supplies /64 Preference for U.S.-Flag Air Carries / Privately Owned U.S.-Flag Commercial Vessels Value Engineering Termination for Convenience of the Government (Fixed- Price) Termination (Cost Reimbursement) Default (Fixed-Price Supply and Service) Clauses Incorporated by Reference Authorized Deviations in Clauses DFAR SECTION TITLE OF CLAUSE Solicitation Provisions and Contract Clauses for the Acquisition of Commercial Items Prohibition on persons convicted of fraud or other defense-contract-related felonies Disclosure of information Requirements for Contracts Involving Export Controlled Items Intent to furnish precious metals as Government furnished material Acquisition Streamlining Offer Representations and Certifications Commercial Items Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial items Pricing adjustments Liability and Insurance Small, Small disadvantaged, and women-owned small business subcontracting plan (DoD contracts) Small, Small disadvantaged, and women-owned small business subcontracting plan. (Test Program) Restrictions on Employment of Personnel Safety precautions for ammunition and explosives Prohibition on storage and disposal of toxic and hazardous materials Safeguarding sensitive conventional arm, ammunition, and explosives Buy American Act and Balance of Payments Program Qualifying country sources as subcontractors Reporting of Contract Performance Outside the United States Restriction on Acquisition of Specialty Metals Restriction on Acquisition of Articles Containing Specialty Metals Commercial Derivative Military Article Speciality Metals Compliance Certifiate Performance for certain domestic commodities Duty Free Entry Updated August 2014 Page 3 of 5
4 DFAR SECTION TITLE OF CLAUSE Restriction on acquisition of ball and roller bearings Restriction on acquisition of anchor and mooring chain Restriction on acquisition Reporting of Commercially Available Off the shelf Items that Contain Specialty Metals and are Incorporated into Noncommercial End Items Waiver of United Kingdom Levies Utilization of Indian Organizations, Indian Owned Economic Enterprises and Native Hawaiian Small Business Concerns Rights in technical data- Non commercial items Rights in noncommercial computer software and noncommercial computer software documentation Technical Data-Commercial Items Rights in bid or proposal information Identification and assertion of use, release, or disclosure restrictions Rights in noncommercial technical data and computer software-small Business Innovation Research (SBIR) Program Validation of asserted restrictions- Computer software Limitations on the use or disclosure of government-furnished information marked with restrictive legends Deferred delivery of technical data or computer software Deferred ordering of technical data or computer software Technical data or computer software previously delivered to the government Technical data-with holding of payment Rights in shop drawings Validation of restrictive markings on technical data Patents-Reporting of subject inventions Ground and Flight Risk Accident reporting and investigation involving aircraft, missiles, and space launch vehicles Status of Contractor as a direct contractor (Spain) Supplemental Cost Principles Notice of Earned Value Management System Indemnification under 10 U.S.C.2354-Fixed Price Indemnification under 10 U.S.C.2354-Cost reimbursement Animal Welfare Frequency Authorization Modification proposals- Price breakdown Telecommunications security equipment, devices, techniques, and services Pricing of Contract Modifications Subcontracts for commercial items and commercial components (DoD contracts) Warranty of Data Transportation of supplies by sea Notification of transportation of supplies by sea Notification of anticipated contract terminations or reductions 2. DO or DX PRIORITY RATING If a DO or DX priority rating is indicated on the face of this Order, Seller is required to follow the provisions of the Defense Priorities and Allocation System (DPAS). Code of Federal Regulations Title 15 Part 700 Subpart D - Industrial Priorities Priority ratings.(a) Levels of priority. (1) There are two levels of priority established by this regulation, identified by the rating symbols DO and DX.(2) All DO rated orders have equal priority with each other and take preference over unrated orders. All DX rated orders have equal priority with each other and take preference over DO rated orders and unrated orders. (For resolution of conflicts among rated orders of equal priority, see (c).)(3) In addition, a Directive issued by Commerce takes preference over any DX rated order, DO rated order, or unrated order, as stipulated in the Directive. (For a full discussion of Directives, see ) Updated August 2014 Page 4 of 5
5 3. SPECIALTY METALS FAR (b) Restriction on Acquisition of Specialty Metals Any specialty metal delivered under this contract shall be melted or produced in the United States or its outlying areas. Purchaser is compliant with the US Government Department of Defense statutory restrictions on the acquisition of specialty metals not melted or produced in the United States pursuant to the National Defense Authorization Acts for Fiscal Years 2007 and Seller, where applicable, and at its own expense, agrees to comply with all laws and regulations as promulgated by the aforementioned National Defense Authorization Acts. In addition Seller agrees to indemnify Purchaser against all claims, whether on account of negligence or otherwise; arising out of or resulting from Seller's performance of this order. Refer to the US Government website for more detailed information relative to your obligations therein. 4. BUY AMERICAN ACT Purchaser is compliant with the Buy American Act (41 USC 10a-10d; Executive Order 10582) mandating preferences for the purchase of domestically produced goods in direct procurements by the US Government and/or its contractors. Seller, where applicable, and at its own expense, agrees to comply with all laws and regulations as promulgated by the aforementioned Buy American Act. Refer to the US Government website for more detailed information relative to your obligations therein. Updated August 2014 Page 5 of 5
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