Terms & Conditions
SHEN TE ENTERPRISES,INC.
PURCHASE ORDER TERMS AND CONDITIONS
(“Agreement”)
Effective 9/1/2021
Acceptance of this purchase order for services, products, information, and/or equipment (referred to as “Product(s)”) by Seller (referred to as “Seller”, “Supplier”, ”Contractor”, ”Party”, or collectively with Buyer “Parties.”) on the terms and conditions hereof shall be evidenced by Seller’s written acknowledgment hereof. This purchase order and any of the attachments constitutes the entire agreement between the Seller and the Buyer (referred to as “Buyer”, “Shen Te Enterprises, Inc.” “Purchaser”, “Party”, or collectively with Seller “Parties”) and may be changed or modified only by written instrument signed by Buyer’s and Seller’s authorized representatives. This Contractor and all covered subcontractors shall abide by the requirements of 29 CFR Part 741, 41 CFR § 60-1.4(a), Appendix A to Subpart A, 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, sex orientation, gender identity, or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, protected veteran status or disability.
GENERAL TERMS AND CONDITIONS OF PURCHASE – STE TC-001
Any disputes arising out of any Agreement issued pursuant to the Terms and Conditions shall be interpreted in accordance with and governed by the Laws of the State of Oklahoma – County of Tulsa USA. The Parties agree that should a dispute arise the leadership of the Parties shall meet and attempt to mediate any disputes within thirty (30) days of the initial notification of the dispute.
Shen Te Enterprises, Inc. reserves the right of final approval of product and equipment.
All special processes required by this PO must be performed by qualified personnel.
Shen Te Enterprises, Inc. reserves the right to review the Suppliers Quality Management System.
Standard QMS Requirements include:
Supplier providing special processing must maintain a system for validating processes.
Customer Directed Sources must operate in accordance with approved specifications and standards as dictated and controlled by the customer in question.
Supplier with the following certifications (ISO9001, AS9100, ISO 17025, AS9120, etc.) must notify Shen Te Enterprises, Inc. of any changes to that certification.
Shen Te Enterprises, Inc. reserves the right to approve any designs
Shen Te Enterprises, Inc. reserves the right to designate requirements for test specimens for design approval, inspection/verification, investigation or auditing.
Supplier shall allow Shen Te Enterprises, Inc., our customers, and regulatory agencies the “right of access” to any place necessary to determine and verify the contracted work conforms to specified requirements, including all applicable records and materials with exception to financial records. Financial records can be reviewed by the Government upon Government request.
The Supplier is required to:
Maintain the proper identification and revision status of specifications, drawings, process requirements, inspection/verification instructions and other relevant technical data.
Notify Shen Te Enterprises, Inc. of nonconforming product in a timely fashion if such nonconforming product may delay any delivery schedule between the Parties.
Notify Shen Te Enterprises, Inc. of changes in product and/or process, changes of major suppliers, and changes of manufacturing facility locations.
Flow down to the supply chain the applicable requirements including customer requirements.
Provide effective corrective action as requested. Parties agree that should additional action be required
(such as root cause analysis or preventative action) they will work together in good faith to ensure all necessary actions are taken.
The Supplier is required to supply product that has a remaining shelf life of at least 75% of original life as of the date of shipment. Supplier will notify Organization if it is unable to meet this requirement.
The Supplier is required to retain all Records associated with the Purchase Order for 7 (seven) years from the termination of the Purchase Order.
8. RESERVED
Supplier shall provide a proper Bill of Lading signed by a carrier, shipper, or transport agent, or any other legally applicable documents providing title to the goods to Purchaser upon delivery, fully protecting all parties in case of damages in transit. All cost incurred due to improper packing will be paid by Supplier.
Certification of Materials and/or Process (“referred to as “Certification”) performed must accompany materials/parts received. Invoice will be aged for payment based on date Certification(s) is received.
Reserved
As applicable, the Supplier shall comply with the DPAS priority ratings, imposed by the Federal Government, referenced on the purchase order which will be either identified as DPAS Ratings: (DX) Highest national defense urgency or (DO) Critical to national defense. (http://www.dcma.mil/DPAS/)
EXPORT/IMPORT/ITAR COMPLIANCE
The Parties acknowledge that the Product(s) provided under this Agreement require the Parties to comply with the applicable laws, rules and regulations including, but not limited to, Customs (import/export) laws and regulations, the U.S. International Traffic in Arms Regulations (ITAR), the Export Administration Regulations (EAR), the USA Patriot Act and the U.S. Foreign Corrupt Practices Act (FCPA), and similar laws of all such jurisdictions where the Device will be shipped and/or operated. Seller shall be responsible for obtaining any required customs or other importation clearances and authorizations, such as an import license or exchange permit. The Parties agree to cooperate with each other in every manner reasonably possible in securing such authorizations as may be required.
14. COUNTERFEIT PARTS PREVENTION
The Supplier warrants that Counterfeit Supplies shall not be supplied to the Purchaser or installed in the Purchaser’s products by the Supplier.
15. PERFORMANCE
External providers are measured and monitored according to “On time delivery & product conformity” to ensure acceptable performance. Suppliers that consistently have an unsatisfactory rating may not be included in bidding of new business.
16. CODE OF ETHICS
Supplier and representatives of Shen Te Enterprises, Inc. shall conduct all business affairs according to the highest standards of business ethics and integrity. Should there be any questions as to whether a payment, receipt, or other action is unethical, lacking integrity, or illegal, the parties agree to discuss such matters. All employees, contract workers, interns, and representatives, must avoid all actual or perceived conflicts of interest, and must treat all suppliers and business contacts equally and without favoritism.
GENERAL TERMS AND CONDITIONS OF PURCHASE – STE TC-001 (Con’t)
Packing and Shipment:
Deliveries shall be made as specified. Material shall be suitably packed to conform with the requirements of common carriers and any applicable specifications. Buyer’s order numbers and symbols must be plainly marked on all invoices, packages, bills of lading and shipping orders. Bills of lading should accompany each invoice as material deliverables are being invoiced. Buyer’s count or weight shall be final and conclusive on shipment not accompanied by packing lists. A signed statement of Product Conformity shall be provided with each shipment.
Warranty:
Seller warrants to Buyer and its customers that: (I) All material and work covered by this order shall conform to the specifications, drawings, samples, symbols or other description specified by Buyer and will be merchantable, of good material and workmanship and free from material defect. (ii) All material and work covered by this order which is in accord with Seller’s design, drawings or specifications will be fit and sufficient for the purposes intended.
Inspection:
All material and work will be subject to final inspection and approval by Buyer after delivery, notwithstanding prior inspection or payment, it being expressly agreed that payment will not constitute final acceptance. Buyer at its option may either reject any material or work not in conformity with the requirements and terms of this order, or re-work the same at Seller’s expense. Buyer may reject the entire shipment where it consists of a quantity or similar articles and sample inspection discloses that ten (10%) percent of the articles inspected are defective. No replacement of defective material or work shall be made unless specified by Buyer. Inspection of replacement material or work shall be paid by Seller.
20. Delivery:
Delivery shall be strictly in accordance with Buyer’s delivery schedule. If Seller’s deliveries fail to meet such schedule, Buyer, without limiting its other remedies, may direct expedited routing and the difference between the expedited routing and the order routing costs shall be paid by Seller. Seller shall not make material commitments or production arrangements in excess of the amount or in advance of the time necessary to meet Buyer’s delivery schedule and unless otherwise specified herein, no deliveries shall be made in advance of Buyer’s delivery schedule unless mutually agreed to between the parties. Neither party shall be liable for excess costs of deliveries or defaults due to causes beyond its control and without its fault or negligence, provided, however, that when the Seller has reason to believe that deliveries will not be made as scheduled, written notice setting forth the cause of the anticipated delay will be given within a reasonable time to Buyer. If Seller’s delay or default is caused by the delay or default of a subcontractor, such delay or default shall be excusable only if it arose out of causes beyond the control of both Seller and subcontractor and without the fault or negligence of either of them and the supplies or services to be furnished were not obtainable from other sources in sufficient time to permit Seller to meet the required delivery schedule. No punitive or consequential damages shall be imposed on Seller unless liquidated damages are assessed from its prime contract with the government.
21. Statement of Account:
Audit --Delays in receiving statement or invoice, and also errors and omissions on statement, will be considered just cause for withholding settlement. Seller agrees that its books and records and its plant shall at all reasonable times be subject to inspection and audit by the department of the Government having cognizance over the prime contract under which this order is placed.
22. Buyer’s Property in Seller’s Possession:
Title to any property furnished by Buyer hereunder on other than a charge basis shall, at all times, remain in Buyer, but Seller assumes the risk of and shall be responsible for any loss thereof or damage thereto however caused unless in shipment to or from Seller’s facility where Buyer is the responsible party for shipment and insurance. Without limiting the foregoing, Seller agrees to procure insurance to the value of the material thereof all Buyer’s property in Seller’s possession against loss or damage resulting from fire (including extended coverage, malicious mischief and vandalism). Satisfactory evidence of procurement of such insurance shall be submitted to Buyer promptly. All rights in decision to repair or replacement any defective deliverables of Seller rests with Seller except that Seller shall provide repair or replacement that is at least equal to any defective deliverable. Buyer shall be liable for any loss, damage or expense resulting directly or indirectly from any delay in delivery or non-delivery of such property to be furnished by Buyer or from the use of such property furnished by Buyer which is defective. Buyer’s liability being expressly limited to the replacement of defective property upon return thereof to Buyer within a reasonable timeframe from receipt thereof by Seller.
23. Taxes:
Seller agrees that, unless otherwise indicated in this order, (a) the prices herein do not include any state or local sales, use or other tax from which an exemption is available for purposes of this order, and (b) the prices herein include all other applicable federal, state and local taxes in effect at the date of this order. Seller agrees to accept and use tax exemption certificates when Revision 1.07.31.15 supplied by Buyer if acceptable to the taxing authorities. In case it shall ever be determined that any tax included in the prices herein was not required to be paid by Seller, Seller agrees to notify Buyer and to make prompt application for the refund thereof, to take all proper steps to procure the same and when received to pay the same to Buyer.
24. Changes:
Buyer may at any time by a written order, and without notice to sureties, if any, make changes within the general scope of this order, in any one or more of the following: (i) drawings, designs or specifications where the supplies to be furnished are to be specially manufactured for the Buyer in accordance therewith; (ii) method of shipment or packing, (iii) place or time of delivery, and (iv) property to be furnished by Buyer. If any such change causes an increase or decrease in the cost of, or the time required for, performance of this order, an equitable adjustment shall be made in the price or delivery schedule or both, and the order shall be modified in writing accordingly as mutually agreed between the parties. Despite a disagreement as to what is an equitable adjustment, Seller will continue performance. Any claim by the Seller for adjustment under this Article must be asserted within sixty (60) days from the date of notification of the change. Provided, however, that the Buyer, if it decides that the facts justify such action, may receive and act upon any such claim asserted at any time prior to final payment under this order. Where the cost of material made obsolete or excess as a result of a change is included in Seller’s claim for adjustment and paid for in full, the Buyer shall have the right to prescribe the manner of disposition of such property and will pay for any disposition that causes increased cost.
25. Advertising, announcements and news releases:
Seller shall not, without first obtaining written consent of Buyer, which shall not be unreasonably withheld, in any manner advertise or publish or issue any news releases or make any public announcements or denial or confirmation of same concerning the fact that Seller has furnished or contracted to furnish the Buyer the articles herein mentioned or concerning work done by Seller hereunder.
26. Patent Indemnity:
Seller warrants that the product will not infringe any U.S. or foreign patent, trademark, copyright, right of ownership, and/or trade secret and Seller shall hold harmless and indemnify Buyer and its customer from and against liabilities, claims, cost, and expenses arising out of or in connection with any claim that Seller’s product infringes any existing patent, trademark, copyright, trade secret and/ or right of ownership so long as such product is used for its intended purpose or not modified without proper permissions. Seller shall, upon Buyer’s request, expeditiously, at Seller’s own cost and expense including the right of Buyer to choose legal counsel for Buyer’s defense, defend Buyer and its customer against any suit or action for product infringement as set forth herein. Buyer shall indemnify Seller against any liabilities, claims, cost, and expenses if it or the end customer infringes any existing patent, trademark, copyright, trade secret, or right of ownership for any third-party claim where Buyer or end customer use the product for purposes other than intended or modifies without obtaining proper permissions.
Technical Data:
All drawings, specifications and data (“Technical Data”) furnished by Buyer to Seller hereunder shall remain the property of Buyer or U.S. Government, as applicable, and shall not be disclosed by Seller and shall be used by Seller only as and to the extent required for the performance of this order, unless the Buyer shall otherwise approve in writing. Upon completion of work by Seller under this order and upon Buyer’s request, Seller shall promptly return to Buyer all Technical Data furnished by Buyer in connection herewith, together with all copies or reprints then in Seller’s possession or control except for one archival digital copy, and Seller shall thereafter make no further use, either directly or indirectly of any such Technical Data or of any information derived therefrom, without notification to Buyer.
Compliance with Applicable Laws:
Seller agrees that, in the performance hereof, it will comply with all applicable laws, statutes, rules, regulations, or orders of the United States Government or of any state or political subdivision thereof, and same shall be deemed incorporated herein by reference. Without limiting the generality of the foregoing, Seller agrees that it will include on all invoices issued by the Seller hereunder the following statement: “The Seller represents that, with respect to the production of the articles and or performance of the services covered by this invoice, it has fully complied with all provisions of the Fair Labor Standards Act of 1938, as amended.”
Cancellation:
RESERVED
Assignment:
None of the sums due or to become due nor any of the work to be performed under this order shall be assigned nor shall Seller subcontract for completed or substantially completed material called for by this order without Buyer’s prior written consent which will not be unreasonably withheld.
Set-off:
Seller agrees that Buyer shall have the right to set off against any amounts which may become payable by Buyer to Seller under this order or otherwise, any amounts which Seller may owe to Buyer, as the Parties mutually agree, whether arising under this order or otherwise.
Waiver:
The failure of Buyer or Seller to insist, in any one or more instances, upon the performance of any of the terms, covenants or conditions of this order or to exercise any right hereunder, shall not be construed as a waiver or relinquishment of the future performance of any such term, covenant or condition or the future exercise of such right, but the obligation of Seller with respect to such future performance shall continue in full force and effect.
Termination:
The performance of work under this order may be terminated, in whole or from time to time in part by the Buyer in accordance with this article if the government should cancel a portion or all of the work of the Seller or for cause. Termination of work hereunder shall be affected by delivery to the Seller of a notice of termination specifying the extent to which performance of work under the order is terminated, a statement that the government has terminated the work in whole or part, and the date upon which such termination become effective. Such right of termination is in addition to and not in lieu of the rights of Buyer or Seller set forth in this Agreement.
Reserved.
Hold Harmless:
The parties agree to indemnify each other and save the other harmless from claims for death or injury to the other party or any of the party’s personnel arising while such personnel are on premises owned or controlled by the other party in connection with the performance of this order and both party’s shall maintain Workman’s Compensation insurance and Employees liability insurance in the minimum amount of one hundred thousand ($100,000) dollars covering all such personnel while on the other party’s premises.
Export Controls:
Unless the order is for goods to be supplied on a “build to print” basis by Seller, Seller shall provide Buyer with either (i) the United States Munitions List (“USML”) category of such goods, software, technology or services that are controlled by the ITAR, or (ii) the Export Control Classification Number (“ECCN”) of such goods, software or technology that are controlled by the EAR. If Seller is in the business of manufacturing, exporting or brokering USML items, Seller represents and warrants that it maintains registration with the Directorate of Defense Trade Controls as may be required by 22 C.F.R. §§ 122.1 and/or 129.3 of the ITAR. Neither party shall export, re-export, transfer, disclose or otherwise provide the disclosing party’s Technical Data controlled by export control laws to any foreign persons or foreign commercial entities unless the receiving party receives advance, written authorization from the disclosing party. Any subcontracts authorized under this order between foreign persons in the approved country of manufacture of goods or provision of services shall contain all of the limitations in this paragraph and shall comply with all applicable export licenses or authorizations.
Order of Precedence
In the event of conflicts between the Terms and Conditions and attachments of this Agreement - the order of precedence shall be: 1) FAR and DFAR clauses under TC 002, 2) FAR and DFAR clauses under TC003, 3) TC 001, 3) any terms of the Purchase Order 4) any attachments to the Purchase Order in attached order
GENERAL TERMS AND CONDITIONS OF PURCHASE – Supplement Contract Provisions from the Federal Acquisition Regulation (FAR) STE TC-002
When materials, and products (“goods”) or services, including the products resulting from services hereby ordered are for use in connection with a U.S. Government prime contract or higher-tier subcontract, in addition to the General Provisions (STE TC-001), the following FAR clauses and provisions (STE TC-002shall apply, as required by the terms of the prime contract nor by operation of law or regulation. The effective version of each FAR provision shall be as of the date of signature of this agreement, or higher-tier subcontract under which this Order is a subcontract.
The following clauses set forth in the FAR are incorporated herein by reference. In all clauses listed herein, the terms “Government”, “Contracting Officer” and “Contractor” shall be revised to suitably identify the contracting parties herein and affect the proper intent of the clause or provision except where further clarified or modified below. An exception to this is any audit rights, disclosure of any cost or pricing data, and any transfer of data or technical rights which shall only be the Government. However, the words “Government” and “Contracting Officer” do not change: (1) when a right, act, authorization or obligation can be granted or performed only by the Government or the prime contract Contracting Officer or duly authorized representative, such as in FAR 52.227-1 and FAR 52.227-2, and (2) when title to property is to be transferred directly to the Government. “Subcontractor” shall mean “Seller’s Subcontractor” under this Purchase Order. The listed FAR clauses are incorporated herein as if set forth in full text unless made inapplicable by its corresponding note, if any. If any of the following FAR clauses do not apply to this Purchase Order, such clauses are considered to be self-deleting. The Seller, by signing its offer, hereby certifies compliance with the following clauses and is, therefore, eligible for award.APPLICABLE TO PURCHASE ORDERS WITHOUT REGARD TO DOLLAR VALUE:
52.203-3 “Gratuities”
52.203-7 “Anti-Kickback Procedures”
52.203-10 “Price or Fee Adjustment for Illegal or Improper Activity”
52.203-13 “Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009” (Applicable to Purchase Orders funded in whole or in part with Recovery Act funds)
52.203-19 “Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.”
52.204-2 “Security Requirements”
52.204-6 “Data Universal Numbering System Number”
52.204-7 “System for Award Management”
52.204-9 “Personal Identity Verification of Contractor Personnel”
52.204-21 “Basic Safeguarding of Covered Contractor Information Systems” (Applicable to all Purchase Orders other than commercially available off-the-shelf items in which subcontractor may have Federal contract information residing in or transiting through its information systems)
52.204-23 “Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.”
52.204-25 “Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.”
52.211-5 “Material Requirements”
52.211-15 “Defense Priority and Allocation Requirements”
52.212-3 “Offeror Representations and Certification – Commercial Items”
52.219-8 “Utilization of Small Business Concerns”
52.222-1 “Notice to the Government of Labor Dispute”
52.222-3 “Convict Labor”
52.222-4 “Contract Work Hours and Safety Standards - Overtime Compensation”
52.222-18 “Certification Regarding Knowledge of Child Labor for Listed End Products”
52.222-19 “Child Labor – Cooperation with Authorities and Remedies”
52.222-21 “Prohibition of segregated facilities” (Applicable for Purchase Orders subject to 52.222-26)
52.222-26 “Equal Opportunity” (To the extent not exempt, this contractor complies with Executive Order 11246, as amended, and the applicable regulations contained in 41 C.F.R Parts 60-1 through 60-60).
52.222-50 & Alt 1 “Combating Trafficking in Persons” (Include Alternate 1 if it is in the prime contract)
52.222-55 “Minimum Wages Under Executive Order 13658” (Applicable to Purchase Orders subject to the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute and are to be performed in whole or in part in the United States)
52.222-62 “Paid Sick Leave Under Executive Order 13706” (Applicable to Purchase Orders subject to the Service
Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute and are to be performed in whole or in part in the United States)
52.223-3 “Hazardous Material Identification and Material Safety Data” – (“Government” means “Government and Buyer)
52.223-5 “Pollution Prevention and Right-to-Know Information” (Applicable in contracts that provide for performance on a Federal facility.)
52.223-7 “Notice of Radioactive Materials” (Applicable in contracts supplies which are, or which contain radioactive materials.)
52.223-11 “Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons”
52.224-1 “Privacy Act Notification”
52.224-2 “Privacy Act” (Applicable to Purchase Orders when the design, development, or operation of a system of records on individuals is required to accomplish an agency function.)
52.224-3 & Alt 1 “Privacy Training” (Applicable if flow-down is required in accordance with 52.224-3(f); Include Alternate 1 if agency specifies that only its agency-provided training is acceptable)
52.225-1 “Buy American – Supplies”
52.225-5 “Trade Agreements”
52.225-8 “Duty-Free Entry”
52.225-13 “Restrictions on Certain Foreign Purchases”
52.225-26 “Contractors Performing Private Security Functions Outside the United States” (Applicable for Purchase Orders performed outside the United States in areas of combat operations or other significant military operations)
52.227-9 “Refund of Royalties”
52.227-10 “Filing of Patent Applications-Classified Subject Matter”
52.227-11 “Patent Rights – Ownership by the Contractor”
52.227-13 “Patent Rights – Ownership by the Government”
52.227-14 “Rights in Data – General”
52.227-19 “Commercial Computer Software License”
52.228-3 “Workers’ Compensation Insurance” (Defense Base Act)
52.228-4 “Workers’ Compensation and War Hazard Insurance Overseas”
52.228-5 “Insurance-Work on a Government Installation”
52.232-40 “Providing Accelerated Payments to Small Business Subcontractors” (Applicable to Purchase Orders with small business concerns)
52.233-1 “Disputes”
52.234-1 “Industrial Resources Developed Under Defense Production Act Title III”
52.236-13 “Accident Prevention”
52.237-2 “Protection of Government Buildings, Equipment and Vegetation”
51. 52.242-13 “Bankruptcy”
52.243-1 “Changes—Fixed-Price”
52.243-6 “Change Order Accounting”
52.244-5 “Competition in Subcontracting”
52.244-6 “Subcontracts for Commercial Items”
52.245-1 “Government Property” (Applicable to Purchase Orders issued under non-DoD prime contracts containing FAR 52.245-1 without Alternate I and the Purchase Order is either a cost-reimbursement, time and materials, or labor hour type, or is a fixed priced Purchase Order awarded on the basis of submission of certified cost or pricing data (reference FAR 45.104). Under DoD prime contracts containing FAR 52.245-1 without Alternate I, in addition to the Purchase Order types listed at FAR 45.104, the clause is applicable to negotiated fixed-price Purchase Orders awarded on a basis other than submission of certified cost or pricing data (reference DFARS 245-104).)
52.245-1 Alt I “Government Property” (Alternate I – Applicable to Purchase Orders issued under prime contracts containing FAR 52.245-1 with Alternate I, or to Purchase Orders issued under contracts containing FAR 52.245-1 without Alternate I, which are fixed-price Purchase Orders that are not awarded on the basis of adequate price competition or the submission of cost or pricing data.)
52.245-1 Alt II “Government Property” (Alternate I – Applicable to Purchase Orders issued under prime contracts containing FAR 52.245-1 with Alternate I, and to Purchase Orders issued under prime contracts containing FAR 52.245-1 without Alternate I when the Purchase Order awarded is of a type other than a Purchase Order type listed in FAR 45.104 or DFARS 245.104.)
52.245-2 “Government Property Installation Operation Services” (Applicable if the Purchase Order is a service contract to be performed on a Government installation when Government furnished property will be provided for initial provisioning only and the Government is not responsible for repair or replacement.)
52.245-9 “Use and Charges”
52.246-2 “Inspection of Supplies – Fixed-Price”
52.246-4 “Inspection of Services – Fixed Price”
52.246-16 “Responsibility for Supplies”
52.246-26 “Reporting Nonconforming Items” (Applicable to non-commercial Purchase Orders for U.S. based contractors).
52.247-63 “Preference for U.S.-Flag Air Carriers”
52.247-64 “Preference for Privately Owned U.S.-Flag Commercial Vessels” (Applicable if flow-down is required in accordance with paragraph (d) of 52.247- 64)
52.249-2 “Termination for Convenience of the Government” (Fixed-Price) – (“Government” shall mean “Buyer.” In paragraph (d) the term “45 days” is changed to “90 days.” The term “one-year” in paragraph (e) is changed to “six months.” The term “90 days” in paragraph (l) is changed to “forty-five days.”)ORDERS OVER THE MICRO-PURCHASE THRESHOLD (AS DEFINED AT FAR 2.101) ALSO INCLUDE THE FOLLOWING:
52.223-18 “Encouraging Contractor Policies to Ban Text Messaging while Driving”
ORDERS OVER $10,000 ALSO INCLUDE:
52.222-40 “Notification of Employee Rights Under the National Labor Relations Act” (Applicable to Purchase Orders that exceed $10,000 and are issued under prime contracts resulting from Solicitations issued after December 12, 2010).
ORDERS OVER $15,000 ALSO INCLUDE:
52.222-36 “Equal Opportunity for Workers with Disabilities”
52.222-20 “Contracts for Materials, Supplies, Articles and Equipment Exceeding $15,000”
ORDERS OVER $150,000 ALSO INCLUDE THE FOLLOWING:
52.222-35 “Equal Opportunity for Veterans”
52.222-37 “Employment Reports on Veterans”
52.248-1 “Value Engineering”
52.203-16 “Preventing Personal Conflicts of Interest” (Applicable to Purchase Orders that include a requirement for services that involve performance of acquisition functions closely associated with inherently governmental functions for, or on behalf of a Federal agency or department.)
ORDERS OVER THE SIMPLIFIED ACQUISITION THRESHOLD (AS DEFINED AT FAR 2.101) ALSO INCLUDE:
52.203-5 “Covenant Against Contingent Fees”
52.203-6 “Restrictions on Subcontractor Sales to the Government”
52.215-2 “Audit and Records - Negotiation”
52.215-14 “Integrity of Unit Prices” (less paragraph (b)
52.227-1 “Authorization and Consent and Alternate I” (Include Alternate 1 if it is included in the prime contract)
52.227-2 "Notice and Assistance Regarding Patent and Copyright Infringement"
ORDERS OVER $500,000 ALSO INCLUDE:
52.222-59 “Compliance with Labor Laws (Executive Order 13673)”
52.222-60 “Paycheck Transparency (Executive Order 13673)”
ORDERS OVER $700,000 ALSO INCLUDE:
52.219-9 “Small Business Subcontracting Plan” (Note to Seller: This clause requires adoption of small business subcontracting plan and reporting.)
UNLESS OTHERWISE EXEMPT ALSO INCLUDE THE FOLLOWING:
52.215-10 Price Reduction for Defective Certified Cost or Pricing Data
52.215-11 Price Reduction for Defective Certified Cost or Pricing Data-Modifications
52.215-12 Subcontractor Certified Cost or Pricing Data
52.215-13 Subcontractor Certified Cost or Pricing Data-Modifications
52.215-15 Pension Adjustments and Asset Reversions
52.215-18 “Reversion or Adjustment of Plans for Post-retirement Benefits (PRB) Other Than Pensions”
52.215-19 “Notification of Ownership Changes”
52.215-20 “Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data”
52.215-21 “Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data - Modifications”
APPLICABLE TO ORDERS OVER $5,500,000:
52.203-13 “Contractor Code of Business Ethics and Conduct” (This clause is applicable to Purchase Orders (i) that have a value more than $5,500,000; and (ii) that have a performance period of more than 120 days. (In Paragraph (b)(3)(i), the meaning of “agency office of the Inspector General” and “Contracting Officer” does not change, in Paragraph (b)(3)(ii) the meaning of “Government” does not change, and in Paragraphs (b)(3)(iii) and (c)(2)(ii)(F), the meaning of “OIG of the ordering agency”, “IG of the agency” “agency OIG” and “Contracting Officer” do not change).
52.203-14 “Display of Hotline Poster(s)”
APPLICABLE TO COST REIMBURSEMENT, TIME & MATERIAL OR LABOR HOUR ORDERS:
52.215-16 “Facilities Capital Cost of Money”
52.216-7 “Allowable Cost and Payment” Seller agrees to execute assignment documents in order to comply with subsection (h)
52.216-8 “Fixed Fee” (Applicable if this is a cost-plus fixed fee order.)
52.216-10 “Incentive Fee” (Applicable if this is a cost-plus incentive fee order.)
52.216-11 “Cost Contract - No Fee” (Applicable if this is a cost no fee order.)
52.216-12 “Cost Sharing Contract - No Fee” (Applicable if this is a cost sharing, no fee order.)
52.222-2 “Payment for Overtime Premiums” – Insert “0%” in paragraph (a) unless indicated otherwise on the face of this order.
52.222-35. Equal Opportunity for Veterans
52.222-36 Equal Opportunity for Workers with Disabilities
52.222-37 Employment Reports on Veterans
52.222-40 Notification of Employee rights Under the National Labor Relations Act
52.222-41 Service Contract Labor Standards
52.222-51 Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration or Repair of Certain Equipment Requirements
52.222-53 Exemptions from Application of the Service Contract Labor Standards to Contracts for Certain Services Requirements
52.232-7 “Payments under Time-and-Materials and Labor-Hour Contracts” – (“schedule” means this Purchase Order, “voucher(s)” means invoice(s), “Government” means Buyer and “Contracting Officer” means Buyer’s Purchasing Representative.)
52.232-20 “Limitation of Cost” (if fully funded)
52.232-22 “Limitation of Funds” (if incrementally funded)
52.243-2 “Changes – Cost-Reimbursement” (Applicable if this is a cost-reimbursement order.)
52.243-3 “Changes – Time and Material or Labor-Hours” (Applicable if this is a time and material or labor hour order.)
52.244-2 “Subcontracts” (paragraphs (h) and (i) only apply)
52.246-3 “Inspection of Supplies - Cost-Reimbursement” – (“Contracting Officer” means Buyer’s Purchasing Representative and “Government” means Buyer and “Government” (provided that an inspection system accepted by the Government will be deemed accepted by the Buyer), and where “Government” first appears in paragraph (k) it shall mean “Government and/or Buyer”. The provisions in this clause for access, right to inspect, safety protection, and relief from liability apply equally to Buyer and the Government.)
52.246-5“Inspection of Services - Cost Reimbursement” – (“Contracting Officer” means Buyer’s Purchasing Representative” and “Government” means “Buyer and Government” (provided that an inspection system accepted by the Government will be deemed accepted by the Buyer). The provisions in this clause for access, right to inspect, safety protection, and relief from liability apply equally to Buyer and the Government.)
52.246-6 “Inspection of Time and Material and Labor Hour” – (“Contracting Officer” means Buyer’s Purchasing Representative and “Government” means “Buyer and Government” (provided that an inspection system accepted by the Government will be deemed accepted by the Buyer), and where “Government” first appears in paragraph (k) it shall mean “Government and/or Buyer”.) The provisions in this clause for access, right to inspect, safety protection, and relief from liability apply equally to Buyer and the Government.
52.247-6 Preference for Privately Owned U.S. Flag Commercial Vehicles
52.249-6 “Termination (Cost-Reimbursement)” – (“Government” means “Buyer” and “Contracting Officer” means Buyer’s Purchasing Representative. In paragraph (e) Change “15 days” and “45 days” to “30 days” and “90 days”, respectively. In paragraph (f) change “1 year” to “six months”.) Alternate IV is applicable to time and material or labor hour orders only.
52.249-14 “Excusable Delays”
CERTIFICATIONS:
The Offeror, by signing its offer, hereby certifies compliance with the following clauses and is, therefore, eligible for award.
52.203-11 “Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions” (over $150,000)
52.209-5 “Certification Regarding Responsibility Matters” (over $150,000)
52.222-22 “Previous Contracts and Compliance Reports” (over $10,000)
ADDITIONAL CLAUSES:COST ACCOUNTING STANDARDS (Applicable if noted in the Purchase Order)
52.230-2 “Cost Accounting Standards”
52.230-3 “Disclosure and Consistency of Cost Accounting Practices”
52.230-5 “Cost Accounting Standards – Educational Institution”
52.230-6 “Administration of Cost Accounting Standards”
Seller shall communicate and otherwise deal directly with the Contracting Officer as to all matters relating to Cost Accounting Standards. Seller shall provide Buyer with copies of all communications between Seller and the Contracting Officer respecting the applicable Cost Accounting Standards clause, and the Administration of Cost Accounting Standards clause, provided Seller shall not be required to disclose to Buyer such communications containing information confidential to the Seller. In addition to any other remedies provided by law or under this Purchase Order, Seller and Buyer agree to indemnify and hold the other harmless to the full extent of any loss, damage, or expense, including lost profit or fee, legal costs, interest, and indirect cost markups, if the other party is subjected to any liability as the result of a failure of the party or its lower-tier subcontractors to comply with the requirements of FAR 52.230-2, 52.230-3, 52.230- 4, 52.230-5 or 52.230-6.
TRUTHFUL COST OR PRICING DATA
Unless exempt, Seller shall submit a FAR Part 15 compliant cost proposal inclusive of appropriate updates throughout the negotiation process where cost breakdown elements will be sent directly to the Government. At the conclusion of negotiations, and regardless of any prior certification, Seller must certify as to the accuracy, currency and completeness of its information in accordance with the FAR required Certificate of Current Cost or Pricing Data.
Indemnification
If any price (including profit or fee) negotiated in connection with the prime contract between the Government and the Buyer or any cost that is reimbursable under said contract is reduced because cost or pricing data furnished by the Seller in connection with any proposal submitted by the Buyer relating to said contract or in connection with this Purchase Order was not accurate, complete, or current, the Seller shall indemnify the Buyer in the amount of said reduction so long as Buyer notifies Seller in a reasonable time of any indication of accusation or Buyer perceived accusation and Seller has right to represent and defend itself so that it may provide evidence against any accused fault of the Seller without need for communication or intervention of the Buyer.
The phrase “cost or pricing data” as used herein shall be deemed to include any such data which related to a lower-tier prospective or actual subcontract, at any level, which was submitted by the Seller or which it procured by submission of, in connection with the aforesaid proposal or this Purchase Order in support of its cost estimate. If any change in the contract price whether increase or decrease under this clause the Parties shall rectify the payment amounts within a reasonable time under commercially reasonable terms.
Cost or Pricing Data for Changes
Any change or other modification to this Purchase Order which involves increases and/or decreases in costs plus applicable profit expected to exceed the threshold for submission of cost or pricing data, subcontractors shall submit cost or pricing data to the Government and shall certify that the data, as defined in Federal Acquisition Regulation 15.406-2, submitted either actually or by specific identification in writing are accurate, complete, and current as of the date of completion of negotiations. When required to obtain cost or pricing data from its subcontractors, pursuant to the provisions of this Purchase Order, the Government shall obtain such data.
DISPUTES – GOVERNMENT CONTRACTS
Any reference to “Disputes” in any applicable FAR Clause contained herein shall mean this paragraph, Disputes Government Contracts.
Any dispute arising under this Purchase Order relating to any decision of the Contracting Officer under the prime contract shall be resolved in accordance with Paragraph (B) below. All other disputes will be resolved by the Disputes and Governing Law Section in the General Terms and Conditions of Purchase.
The Parties shall indemnify and save harmless the other from any and all liability of any kind incurred by or imputed to the other under Section 5, “Fraudulent Claims,” of the Contract Disputes Act of 1978, as amended, (41 U.S.C. 7103 (c)(2), Fraudulent Claims) if a Party is unable to support any part of its claim and it is determined that such inability is attributable to fraud or misrepresentation of fact on the part of the other.
Pending any prosecution, appeal, or final decision or settlement of any dispute arising under this Purchase Order, the Seller shall proceed diligently, as directed by Buyer, with performance of this Purchase Order.
GENERAL TERMS AND CONDITIONS OF PURCHASE – Supplement Contract Provisions from the Federal Acquisition Regulation (FAR) STE TC-003
When the materials, parts, and products (“goods”) or services, including the products resulting from services hereby ordered are for use in connection with a United States Government (“Government”) Department of Defense prime contract or higher-tier subcontract, in addition to the General Provisions (TC-001) and the Federal Acquisition Regulation (FAR) provisions and clauses (TC-002), the following Department of Defense FAR Supplement (DFARS) provisions and clauses (TC- 003), shall apply, as required by the terms of the prime contractor by operation of law or regulation. The effective version of each DFARS provision and clause shall be as of the date of signature of this Agreement.
The following DFARS provisions and clauses are incorporated herein, unless made inapplicable by a corresponding note in this TC-003, with the same force and effect as if they were given in full text. Upon Seller's request, Buyer's Purchasing Representative will make their full text available. Also, the full text of a DFARS provision or clause may be accessed electronically at this address: http://www.acquisition.gov. In all provisions and clauses listed herein, terms shall be revised to suitably identify the party to establish Seller’s obligations to Buyer and to the Government, and to enable Buyer to meet its obligations under the prime contract. Without limiting the generality of the foregoing, and except where further clarified or modified below, the term “Government” and equivalent phrases shall mean “Buyer”, the term “Contracting Officer” shall mean “Buyer’s Purchasing Representative", the term “Contractor” or “Offeror” shall mean “Seller”, “Subcontractor” shall mean “Seller’s Subcontractor” under this Purchase Order, and the term “Contract” shall mean this “Purchase Order”. An exception to this is any audit rights, disclosure of any cost or pricing data, and any transfer of data or technical rights which shall only be the Government. For the avoidance of doubt, the words “Government” and “Contracting Officer” do not change: when a right, act, authorization, or obligation can be granted or performed only by the Government or the prime contract Contracting Officer or duly authorized representative or when title to property is to be transferred directly to the Government. If any of the following DFARS provisions and clauses do not apply to this Purchase Order, such provisions and clauses are considered self-deleting. Seller shall incorporate into each lower tier contract issued in support of this Purchase Order all applicable DFARS provisions and clauses in accordance with the flow down requirements specified in such provisions and clauses. With respect to any applicable DFARS clauses incorporated into this Purchase Order relating to rights in noncommercial technical data and noncommercial computer software and noncommercial computer software documentation, the Seller grants to Buyer the right to use, disclose, modify, combine, integrate or make derivative works of any noncommercial technical data, noncommercial computer software and/or noncommercial computer software documentation delivered under this Purchase Order to the extent necessary, and for such period as is required, for Buyer to complete its performance under the Buyer’s U.S. Government programs.
APPLICABLE TO ALL PURCHASE ORDERS WITHOUT REGARD TO DOLLAR VALUE:
252.203-7002 “Requirement to Inform Employees of Whistleblower Rights”
252.204-7000 “Disclosure of Information” (Applicable to Purchase Orders when Seller will have access to or generate unclassified information that may be sensitive and inappropriate for release to the public.)
252.204-7012 “Safeguarding Covered Defense Information and Cyber Incident Reporting” (FINAL RULE 10/21/2016) (Applicable to Purchase Orders under DoD contracts awarded after October 20, 2016 for operationally critical support, or for which Purchase Order performance will involve covered defense information.)
252.204-7015 “Disclosure Of Information To Litigation Support Contractors”
252.211-7003 “Item Unique Identification and Valuation” (Seller’s obligations under this clause are limited to cooperating with Buyer’s efforts to comply with this clause, including granting Buyer access to Seller’s deliverables at its facilities and to appropriate property records.)
252.223-7001 “Hazard Warning Labels” (Applicable to Purchase Orders for goods that require submission of hazardous material data sheets (see FAR 23.302(c)).)
252.223-7002 “Safety Precautions for Ammunition and Explosives” (Applicable to Purchase Orders that involve ammunition or explosives. “Government” means “Government and/or Buyer”.)
252.223-7003 “Change in Place of Performance – Ammunition and Explosives” (Applicable to Purchase Orders that involve ammunition or explosives.)
252.223-7007 “Safeguarding Sensitive Conventional Arms, Ammunition and Explosives” (Applicable to Purchase Orders for (i) the development, production, manufacture, or purchase of arms, ammunition, and explosives (AA&E), or (ii) when AA&E will be provided to the Seller as Government-furnished property.)
252.223-7008 “Prohibition of Hexavalent Chromium” (Applicable to all Purchase Orders for supplies, maintenance and repair services, or construction materials.)
252.225-7001 “Buy American Act and Balance of Payments Program” (Seller must deliver goods that contain more than 50% United States or Qualifying Country content pursuant to the clause.)
252.225-7007 “Prohibition on Acquisition of United States Munitions List Items from Communist Chinese Military Companies” (Applicable to Purchase Orders for the acquisition of items covered by the United States Munitions List of the International Traffic in Arms Regulation.)
252.225-7008 “Restriction on Acquisition of Specialty Metals” (Applicable to Purchase Orders for the delivery of specialty metals as end items to Buyer or Seller to the extent necessary to ensure compliance of the end products that Buyer will deliver to the Government when DFARS clause 252.225-7009 is in the prime contract.)
252.225-7009 “Restriction on Acquisition of Certain Articles Containing Specialty Metals” (excluding paragraph (d) and paragraph (e)(1) which are deleted from this clause.) (Applicable to Purchase Orders for items containing specialty metals to ensure compliance of the end products that Buyer will deliver to the Government.)
252.225-7012 “Preference for Certain Domestic Commodities”
252.225-7013 “Duty-Free Entry” (Applicable to all Purchase Orders with Sellers who are located in a "Qualifying country" as defined in DFARS Part 225.8; or if the estimated U.S. duty for the Goods will exceed $200 per unit. The information required by paragraph (j)(3) of this clause is available upon request.)
252.225-7016 “Restriction on Acquisition of Ball and Roller Bearings” (Applicable to Purchase Orders for Goods that contain ball or roller bearings.)
252.225-7040 “Contractor Personnel Authorized to Accompany U.S. Armed Forces Deployed Outside the United States” (Applicable to Purchase Orders that will be performed when Seller’s personnel or Seller's subcontractors are supporting U.S. Armed Forces deployed outside the United States in contingency operations, peace operations consistent with Joint Publication 3- 07.3, or other military operations or military exercises, when designated by the Combatant Commander or as directed by the Secretary of Defense.)
252.225-7048 “Export-Controlled Items”
252.227-7013 “Rights in Technical Data – Noncommercial Items” (Applicable to solicitations and resulting Purchase Orders when Buyer will be required to deliver to the Government Seller’s technical data pertaining to noncommercial items, or pertaining to commercial items for which the Government will have paid for any portion of the development costs.)
252.227-7014 “Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation” (Applicable to solicitations and resulting Purchase Orders when Seller’s performance will require delivery of computer software or computer software documentation.)
252.227-7015 “Technical Data – Commercial Items” (Applicable whenever any technical data related to commercial items developed in any part at private expense will be provided under this Purchase Order for delivery to the Government.)
252.227-7016 “Rights in Bid or Proposal Information” (Applicable to solicitations and resulting Purchase Orders that will include DFARS clause 252.227-7013, 252.227-7014, or 252.227- 7018.)
252.227-7017 “Identification and Assertion of Use, Release, or Disclosure Restrictions” (Applicable to solicitations and resulting Purchase Orders that will include DFARS clause 252.227-7013, 252.227-7014, or 252.227-7018.)
252.227-7019 “Validation of Asserted Restrictions – Computer Software” (Applicable to all Purchase Orders when Seller’s performance includes the furnishing of computer software that Buyer will furnish to the Government.)
252.227-7025 “Limitation on the Use or Disclosure of Government Furnished Information Marked with Restrictive Legends”
252.227-7026 “Deferred Delivery of Technical Data or Computer Software”
252.227-7027 “Deferred Ordering of Technical Data or Computer Software”
252.227-7028 “Technical Data or Computer Software Previously Delivered to the Government” (Applicable to solicitations for Purchase Orders when the resulting Purchase Order will require the Seller to deliver technical data.)
252.227-7037 “Validation of Restrictive Markings on Technical Data” (Applicable to Purchase Orders requiring the delivery of technical data.)
252.227-7038 “Patent Rights – Ownership by the Contractor (Large Business)” (Applicable to Purchase Orders for experimental, developmental, or research work if the Seller is not a small business or nonprofit organization, unless a different patent rights clause is required by FAR 27.303.)
252.228-7005 “Accident Reporting and Investigation Involving Aircraft, Missiles, and Space Launch Vehicles” (Applicable to Purchase Orders for aircraft, missile, or space launch vehicles being manufactured, modified, repaired, or overhauled. Seller must cooperate and assist Buyer in accident investigations.)
252.231-7000 “Supplemental Cost Principles” (Applicable to solicitations and resulting Purchase Orders that are subject to the principles and procedures described in FAR subparts 31.1, 31.2, 31.6, or 31.7.)
252.235-7003 “Frequency Authorization” (Applicable to Purchase Orders requiring the development, production, construction, testing, or operation of a device for which a radio frequency authorization is required.)
252.239-7010 “Cloud Computing Services” (Applicable to Purchase Orders that involve or may involve cloud services.)
252.239-7018 “Supply Chain Risk” (Applicable to Purchase Orders involving the development or delivery of any information technology, as defined in the clause, as a service or a supply.)
252.244-7000 “Subcontracts for Commercial Items and Commercial Components (DoD Contracts)”
252.246-7003 "Notification of Potential Safety Issues" (Applicable to Purchase Orders for (i) parts defined as critical safety items in accordance with this clause;
(ii) systems and subsystems, assemblies, and subassemblies integral to a system; and (iii) repair, maintenance, logistics support, or overhaul services for systems and subsystems, assemblies,
subassemblies, and parts integral to a system.)
252.246–7007 “Contractor Counterfeit Electronic Part Detection and Avoidance System” (Applicable to Purchase Orders when the goods or services include electronic parts or assemblies containing electronic parts. This clause applies to all Sellers, at all tiers, without regard to whether the Seller itself is subject to CAS.)
252.246-7008 “Sources of Electronic Parts” (Applicable to Purchase Orders for electronic parts or assemblies containing electronic parts, unless Seller is the original manufacturer.)
252.247-7023 “Transportation of Supplies by Sea”
PURCHASE ORDERS OVER THE SIMPLIFIED ACQUISITION THRESHOLD (AS DEFINED AT FAR 2.101 IN EFFECT AS OF THE DATE OF THE PRIME CONTRACT) ALSO INCLUDE:
252.203-7001 “Prohibition on Persons Convicted of Fraud or Other Defense Contract Related Felonies”
252.215-7010 “Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data”
252.225–7052 “Restriction on the Acquisition of Certain Magnets and Tungsten”. (Applicable to Purchase Orders for the delivery of goods, unless an exception at paragraph (c) of the clause applies).
PURCHASE ORDERS OVER $500,000 (OR THE DOLLAR THRESHOLD IN EFFECT AS OF THE DATE OF THE PRIME CONTRACT) ALSO INCLUDE:
252.226-7001 “Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns”
PURCHASE ORDERS OF $700,000 OR MORE (OR THE DOLLAR THRESHOLD IN EFFECT AS OF THE DATE OF THE PRIME CONTRACT) ALSO INCLUDE:
252.249-7002 “Notification of Anticipated Contract Terminations or Reductions” (Seller shall (i) Provide notice to each of its subcontractors with a subcontract of $150,000 or more; and (ii) Impose a similar notice and flow-down requirement to subcontractors with subcontracts of $150,000 or more.)
PURCHASE ORDERS OVER $700,000 (OR THE DOLLAR THRESHOLD IN EFFECT AS OF THE DATE OF THE PRIME CONTRACT) ALSO INCLUDE:
252.219-7003 “Small Business Subcontracting Plan (DoD Contracts)” (Include Alternate 1 if it is included in the prime contract) (Applicable to Purchase Orders under prime contracts that contain FAR clause 52.219-9.)
PURCHASE ORDERS OVER $1,000,000 (OR THE DOLLAR THRESHOLD IN EFFECT AS OF THE DATE OF THE PRIME CONTRACT) ALSO INCLUDE:
1. 252.222-7006 “Restricting the Use of Mandatory Arbitration Agreements” (Seller certifies by acceptance of the Purchase Order that (i) Seller complies with all requirements set out in the clause and (ii) Seller requires each covered subcontractor to agree not to enter into, and not to take any action to enforce, any provision of any existing agreements, as described in paragraph (b)(1) of the clause, with respect to any employee or independent contractor performing work related to such subcontract.)
2. 252.225-7033 “Waiver of United Kingdom Levies” (Applicable to Purchase Orders where a lower-tier subcontract exceeding $1 million with a U.K. firm is anticipated.)
G. PURCHASE ORDERS OVER $1,500,000 (OR THE DOLLAR THRESHOLD IN EFFECT AS OF THE DATE OF THE PRIME CONTRACT) ALSO INCLUDE:
1. 252.211-7000 “Acquisition Streamlining”
H. PURCHASE ORDERS OVER $5,500,000 (OR THE THRESHOLD IN EFFECT AS OF THE DATE OF THE PRIME CONTRACT) ALSO INCLUDE:
1. 252.203-7004 “Display of Fraud Hotline Poster(s)”
