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MILITARY SHIPBUILDING PROGRAMS
PURCHASE ORDER
SPECIAL TERMS AND CONDITIONS
FOR THE DRY CARGO / AMMUNITION SHIP (T-AKE) PROGRAM
Rev-A December 2001
PART A. SPECIAL TERMS AND CONDITIONS
The following provisions supplement the provisions contained in Part A of NASSCO Military Shipbuilding Programs Purchase Order General Terms and Conditions.
- Assignment.
Buyer may, without prior notice to Seller or Seller’s sureties, assign this Contract in whole or in part to the Principal Subcontractor.
Back to top - Changes.
- Seller shall notify Buyer in writing of any conduct of Buyer or the Government that Seller considers to be a constructive change to this Contract within fifteen (15) days from the date Seller first identifies such conduct. Such notification shall include the information required by the prime Contract, Section H, Special Contract requirements, Item H-15, NAVSEA 5252.243-9105, Notification of Changes (FT)—Alternate I (JAN 1983), a copy of which will be provided upon request.
- Seller must assert its right to an adjustment within fifteen (15) days from the date of receipt of the written order. However, if Buyer decides that the facts justify it, Buyer may receive and act upon a proposal submitted before final payment of the Contract.
Back to top - Default.
If, after termination of this Contract for default, it is determined that Seller was not in default, or that the default was excusable, such notice of default shall be deemed to have been issued pursuant to FAR 52.249-2, incorporated herein, and the rights and obligations of the parties hereto shall, in such event, be governed by said clause.
Back to top - Definitions.
The following term shall have the meaning set forth below throughout this Contract:
- "Principal Subcontractor" means a business organization to be identified which fulfills the role of the second shipyard which the Prime Contract requires be a subcontractor to Buyer.
Back to top - Guarantee.
- Seller guarantees that the Contract Work will be free of all Guarantee Defects in material, workmanship and design and will conform to the Specifications for a period of eleven (11) months from preliminary acceptance of each Vessel by the Government for which the Contract Work is performed; or eleven (11) months after acceptance of the Contract Work by Buyer, if such acceptance is after preliminary acceptance of the applicable Vessel by the Government (the "Guarantee Period"). The Guarantee Period shall be extended by the time during which the Vessel is not available for unrestricted service by reason of any Guarantee Defects in the Contract Work for which Buyer shall determine that Seller is responsible. If at any time during the Guarantee Period, any weakness, deficiency, defect, failure, breaking down, or deterioration not caused by Buyer ("Guarantee Defect") in the Contract Work shall appear or be discovered, such Guarantee Defect shall be replaced or corrected either by Buyer or by Seller at Seller's expense, including any travel, transportation or other incidental or required costs which may be incurred.
- Seller’s guarantee, and Buyer’s Guarantee rights against Sellers, shall be separately assignable to the Government.
Back to top - Inspection and Acceptance.
- Buyer may require Seller to take necessary action to ensure that future performance conforms to this Contract, and Buyer may equitably reduce the Contract price to reflect the reduced value of any defective Contract Work accepted by Buyer that cannot be corrected by reperformance, repair or replacement. If any such defect is discovered between the Vessel’s acceptance trials and preliminary acceptance of the Vessel by the Government, any and all such defects shall be corrected and made good within twenty (20) days of notice thereof by Buyer to Seller.
- The Government may, from time to time, designate certain Contract Work for Government Quality Assurance at Source (GQAS). Upon such designation, the Seller shall furnish advance notification of the time (i) when Seller’s inspection or tests will be performed in accordance with the terms and conditions of this Contract and (ii) when the Contract Work will be ready for Government inspection. The period and method of the advance notification, and the Government representative to whom it shall be furnished, shall be specified by the Government, but shall not require more than two (2) workdays of advance notification if the Government representative is in residence in the Seller’s plant, nor more than seven (7) workdays in other instances.
- Final acceptance of the Vessel by the Government shall be conclusive except with respect to latent defects, fraud or gross mistakes amounting to fraud. In such cases, Buyer, in addition to any other rights and remedies provided by law, or under other provisions of this Contract, shall have the right to require Seller (i) at no increase in the Contract price, to repair or replace the defective or nonconforming Contract Work at the original point of delivery, or at Seller's plant, or at the location of the Vessel at Buyer's election, and in accordance with a reasonable delivery schedule as may be agreed upon between Seller and Buyer; provided, that Buyer may require a reduction in Contract price if Seller fails to meet such delivery schedule, or (ii) within a reasonable time after receipt by Seller of notice of defects or nonconformance, to repay such portion of the Contract as is equitable under the circumstances if Buyer elects not to require correction or replacement. When Contract Work is returned to Seller, Seller shall bear the transportation cost from the original point of delivery to Seller's plant and return to the original point when that point is not Seller's plant. If Seller fails to perform or act as required in (i) or (ii) above and does not cure such failure within a period of ten (10) days (or such longer period as Buyer may authorize in writing) after receipt of notice from Buyer specifying such failure, Buyer shall have the right to replace or repair such Contract Work and charge to Seller the cost occasioned Buyer thereby.
Back to top - Scope of Performance.
For Contract Products, if the words "or equal" are used in the Contract or Specifications, proposed "equals" must be approved by Buyer in its sole discretion in writing prior to Seller delivering the same to Buyer.
Back to top PART B: PERFORMANCE AT BUYER’S FACILITIES AND ON VESSELS
In the event that Seller, its employees, agents or suppliers (including delivery persons), enters any facility owned, leased or operated by Buyer, including any Vessel, Seller shall comply with the following additional terms and conditions.
The following provisions supplement the provisions contained in Part B of NASSCO Military Shipbuilding Programs Purchase Order General Terms and Conditions.
- Security.
Seller agrees to fully comply, and is responsible for the compliance of its subcontractors, with the provisions of Buyer's Access Control Plan throughout the duration of performance of this Contract at Buyer's facilities.PART C: PRIME CONTRACT CLAUSES
The following clauses are flowed down pursuant to the requirements of the Prime Contract.
- Access to Proprietary Data or Computer Software (NAVSEA) (JUN 1994).
- Performance under this Contract may require that Seller have access to technical data, computer software, or other sensitive data of another party who asserts that such data or software is proprietary. If access to such data or software is required or to be provided, Seller shall enter into a written agreement with such third party prior to gaining access to such data or software. The agreement shall address, at a minimum, (i) access to, and use of, the proprietary data or software exclusively for the purposes of performance of the Contract Work, and (ii) safeguards to protect such data or software from unauthorized use or disclosure for so long as the data or software remains proprietary. In addition, the agreement shall not impose any limitation upon the Government or its employees with respect to such data or software. A copy of the executed agreement shall be provided to Buyer’s Purchasing representative. Buyer may unilaterally modify this Contract to list those third parties with which Seller has agreement(s).
- Seller agrees to: (i) indoctrinate its personnel who will have access to the data or software as to the restrictions under which access is granted; (ii) not disclose the data or software to another party or other Seller personnel except as authorized by Buyer; (iii) not engage in any other action, venture, or employment wherein this information will be used, other than under this Contract, in any manner inconsistent with the spirit and intend of this requirement; (iv) not disclose the data or software to any other party, including, but not limited to, joint venturer, affiliate, successor, or assignee of Seller; and, (v) reproduce the restrictive stamp, marking, or legend on each use of the data or software whether in whole or in part.
- The restrictions on the use and disclosure of the data or software described above also apply to such information received from the Government through any means to which Seller has access in the performance of this Contract that contains proprietary or other restrictive markings.
- Seller agrees that it will promptly notify Buyer of any attempt by an individual, company, or Government representative not directly involved in the effort to be performed under this Contract to gain access to such proprietary information. Such notification shall include the name and organization of the individual, company, or Government representative seeking access to such information.
- Seller shall include this requirement in subcontracts of any tier which involve access to information covered by paragraph (i), substituting "subcontractor" for "Seller" where appropriate.
- Compliance with this requirement is a material requirement of this Contract.
Back to top - Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (FAR 52.203-11).
The following certification applies to Contracts in excess of $100,000.
- The definitions and prohibitions contained in the clause, at FAR 52.203-12, Limitation on Payments to Influence Certain Federal Transactions, included in this Contract are hereby incorporated by reference in paragraph (ii) of this certification.
- The Seller, by accepting this Contract, hereby certifies to the best of its knowledge and belief that on or after December 23, 1989:
- No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, on his or her behalf in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement;
- If any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) have been paid, or will be paid, to any person for influencing or attempting to influence an Officer or employee of any agency, a Member of Congress, an Officer or employee of Congress, or any employee of a Member of Congress on his or her behalf in connection with this Contract, the Seller shall complete and submit, with its offer, the OMB Standard Form LLL, Disclosure of Lobbying Activities, to the Buyer; and
- The Seller will include the language of this certification in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly. All disclosures shall be forwarded from tier to tier until the Buyer has received all lower tier disclosure forms.
- Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by section 1352, Title 31, United States Code. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure form to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000 for each such failure.
Back to top - Domestic Source Limitation on Certain Marine Components (Section L).
In accordance with 10 U.S.C. 2534, if Seller is providing any of the following Contract Products, Seller warrants and represents that it is the manufacturer of the Contract Product and that it is part of the "national technology and industrial base," as defined at 10 U.S.C 2500(1) as meaning entities "engaged in research, development, production or maintenance activities conducted within the United States or Canada": air circuit breakers, welded shipboard anchor and mooring chain with a diameter of 4 inches or less, and the following items to the extent they are unique to marine applications: gyrocompasses, electronic navigation charts systems, steering controls, pumps, propulsion and machinery control systems, and totally enclosed lifeboats.
Back to top - Exclusion of Mercury (NAVSEA) (MAR 1998).
Mercury or mercury containing compounds shall not be intentionally added or come in direct contact with the Contract Products furnished under this Contract.
Back to top - Government-Industry Data Exchange Program NAVSEA 5252.227-9113 (AUG 1997).
If this Contract exceeds $500,000, Seller shall participate in the appropriate interchange of the Government-Industry Data Exchange Program (GIDEP) in accordance with NAVSEA SO300-BU-GYD-010 dated November 1994. Data entered is retained by the program and provided to qualified participants. Compliance with this requirement shall not relieve the Seller from complying with any other requirement of this Contract. GIDEP materials, software and information are available without charge from:
- GIDEP Operations Center
P.O. Box 8000
Corona CA 91718-8000- Phone: (909) 273-4677
FAX: (909) 273-5200
Internet: http://www.gidep.corona.navy.mil
Back to top - Identification Marking of Parts (NAVSEA) (NOV 1996).
Identification markings of individual parts within the systems, equipments, assemblies, subassemblies, components, groups, sets or kits, and of spare and repair parts shall be done in accordance with applicable specification and drawings. To the extent identification marking of such parts is not specified in applicable specifications or drawings, such marking shall be accomplished with the following:
- Parts shall be marked in accordance with generally accepted commercial practice.
- In cases where parts are so small as not to permit identification marking as provided above, such parts shall be appropriately coded so as to permit ready identification.
Back to top - Logistic Support Requirement NAVSEA 5252.227-9112 (AT) (MAY 1998).
- This clause applies whenever the Contract Specifications, by reference to a Military Specification or otherwise, specify repair parts or stock components (hereinafter called "repair parts") for a Vessel component or item of equipment.
- With respect to Vessel components or equipments manufactured other than in the United States or Canada, Seller agrees that, in addition to any other data required by this Contract, it will furnish under this Contract sufficient data so that the repair parts can be reproduced in the United States or Canada unless the suppliers of the ship components or equipments shall have made arrangements approved by the Buyer for the manufacturing of repair parts in the United States or Canada. For the purpose of this clause, "sufficient data" shall mean detail drawings and other technical information sufficiently extensive in detail to show design, construction, dimensions, and operation or function, manufacturing methods or processes, treatment or chemical composition of materials, plant layout and tooling. All data shall be in the English language and according to the United States system of weights and measures, and drawings for components, assemblies, subassemblies and parts protected by U. S. patents shall contain a prominent notation to that effect fully identifying the patent or patents involved, and bearing the number of this Contract.
- In order to satisfy the requirements of paragraph (ii), above, unless the supplier of the Vessel components or equipments shall have made arrangements, approved by Buyer, for the manufacture of such repair parts in the United States or Canada, Seller shall include in all subcontracts for the purchase of Vessel components or equipments from foreign sources a clause, acceptable to the Buyer, granting to the United States Government for a period of seven (7) years, "Government Purpose Rights" (as defined in paragraph (a)(12) of the clause of this Contract entitled "RIGHTS IN TECHNICAL DATA - NONCOMMERCIAL ITEMS" (DFARS 252.227-7013) in all technical data necessary to manufacture spare and repair parts for such components or equipments.
Back to top - Main Propulsion Diesel Engines and Propulsors (H-23).
In accordance with section 8105 of the Defense Appropriations Act for FY00, P.L. 106-79, if Seller is providing main propulsion diesel engines or propulsors, Seller warrants and represents that they are manufactured in the United States by a domestically operated entity. (Only the item itself must be manufactured in the United States by a domestically operated company, however, so the components used in manufacturing main propulsion diesel engines and propulsors may be imported from outside the United States.) The term "propulsor" includes propellers but excludes generators, propulsion motors, reduction gears and shafting. The term "manufactured" means a substantial manufacturing process that involves more than mere assembly or reassembly of components.
Back to top - Marking and Packing List(s) (NAVSEA) (NOV 1996).
This subparagraph applies only to those Contract Products delivered to Buyer in a manner intended for delivery to the Government without alteration by Buyer.
- Marking. Shipments, shipping containers and palletized unit loads shall be marked in accordance with best commercial practice.
- Packing List(s). A packing list (DD Form 250 Material Inspection and receiving Report may be used) identifying the contents of each shipment, shipping contained or palletized unit load shall be provided by Seller with each shipment. When a Contract line item identified under a single stock number includes an assortment of related items, such as kit or set components, detached parts or accessories, installation hardware or material, the packing list(s) shall identify the assorted items. Where an assortment of related items is included in the shipping container, a packing list identifying the contents shall be furnished.
- Master Packing List. In addition to the requirements in paragraph (ii) above, a master packing list shall be prepared where more than one shipment, shipping container or palletized unit load comprise the Contract line item being shipped. The master packing list shall be attached to the number one container and shall be so identified.
- Part Identification. All items within the kit, set, installation hardware or material shall be suitably segregated and identified within the unit pack(s) or shipping container by part number and/or national stock number.
Back to top - Quality in Software Development and Production (NAVSEA) (MAY 1995).
Seller’s software quality program shall be an integral part of its overall Quality Assurance program. Software quality controls shall be applicable to all project software that is developed, maintained, or modified within the following categories:
- All deliverable software.
- All deliverable software that is included as part of deliverable hardware or firmware.
- Non-deliverable software (commercially available or user-developed) used for development, fabrication, testing, or acceptance of deliverable software or hardware (includes automated fabrication, tests, and inspection/acceptance equipment software and software design, test, and inspection tools).
- Commercially available, reusable, or Government software designed as part of a deliverable item.
Back to top - Recognition of Electronic Deliverables (C-30).
Data required to be delivered under the Vendor Data Requirements List (VDRL) of this Contract, that would be deemed "Technical Data" under DFARS 252.227-7013, if it were delivered in written form, shall not lose its status as Technical Data because access by the Government or Buyer, or delivery by Seller, is by electronic means. The rights of the parties in said Technical data shall be as specified in DFARS 252.227-7013.
Back to top - Refunds (Spares and Support Equipment) (NAVSEA) (SEP 1990).
- In the event that the price of a spare part or item of support equipment delivered under this Contract significantly exceeds its intrinsic value, Seller agrees to refund the difference. Refunds will only be made for the difference between the intrinsic value of the item at the time an agreement on price was reached and the Contract price. Refunds will not be made to recoup the amount of cost decreases that occur over time due to productivity gains (beyond economic purchase quantity consideration) or changes in market conditions.
- For purposes of this requirement, the intrinsic value of an item is defined as follows:
- If the item is one which is sold or is substantially similar or functionally equivalent to one that is sold in substantial quantities to the general public, intrinsic value is the established catalog or market price, plus the value of any unique requirements, including delivery terms, inspection, packaging, or labeling.
- If there is no comparable item sold in substantial quantities to the general public, intrinsic value is defined as the price an individual would expect to pay for the item based upon an economic purchase quantity as defined in FAR 52.207-4, plus the value of any unique requirements, including delivery terms, inspection, packaging or labeling.
- At any time up to two years after delivery of a spare part or item of support equipment, Buyer may notify Seller that based on all information available at the time of the notice, the price of the part or item apparently exceeds its intrinsic value.
- If notified in accordance with paragraph (c) above, Seller agrees to enter into good faith negotiations with Buyer to determine if, and in what amount, Buyer is entitled to a refund.
- If agreement pursuant to paragraph (d) above cannot be reached, and Buyer’s return of the new or unused item to Seller is practical, Buyer, subject to Seller’s agreement, may elect to return the item to Seller. Upon return of the item to its original point of Buyer’s acceptance, Seller shall refund in full the price paid. If no agreement pursuant to paragraph (d) above is reached, and return of the item by Buyer is impractical, Buyer may adjust the Contract price downward by the amount of the refund to which Buyer believes it is entitled, subject to Seller appeal as provided in the Disputes clause of this Contract.
- Seller will make refunds, as required under this requirement, in accordance with instructions from Buyer’s Purchasing representative.
- Seller shall not be liable for a refund if Seller advised Buyer in a timely manner that the price it would propose for a spare part or item of equipment exceeded its intrinsic value, and with such advice, specified the estimated proposed price, the estimated intrinsic value and known alternative sources or item, if any that can meet the requirement.
- This requirement does not apply to any spare parts or items of support equipment whose price is determined through adequate price competition. This requirement does not apply to any spare part or item of support equipment with a unit price in excess of $100,000; or in excess of $25,000 if Seller submitted, and certified the currency, accuracy and completeness of cost or pricing data applicable to the item.
Back to top - Requirements for Domestic Manufacture of Certain Shipboard Systems and Equipment (H-35).
- In accordance with 10 U.S.C. 2218 and 10 U.S.C. 7291, if Seller is providing propulsion systems, Seller warrants and represents that their main components (i.e., engines, reduction gears and propellers) are manufactured in the United States.
- In accordance with 10 U.S.C. 2218 and 10 U.S.C. 7291, if Seller is providing bridge or machinery control systems or interior communications equipment, Seller warrants and represents that they are both manufactured in the United States and have more than half of their value, in terms of cost, added in the United States.
- Seller agrees to retain until the expiration of three (3) years from the date of the Government’s final payment to Buyer under the Prime Contract and make available during such period, upon request of Buyer, records showing compliance with this paragraph 13.
- Seller agrees to insert this paragraph 13, including this subparagraph (d), in every subcontract, purchase order and option agreement issued in performance of this Contract.
Back to top - Technology Refreshment (Section C, Item 1.2.1.10).
- Seller shall implement a technology refreshment program to ensure that Seller furnished systems, subsystems, equipment and software are not technologically obsolete at Contract Products delivery. Technology shall be considered to be obsolete and Seller shall replace with current technology if any one of the following criteria is met:
- Products not in production or expected to be phased out of production by the original equipment manufacturer within two (2) years following Vessel delivery to the Government.
- Products no longer commercially supported or any component without a supplier documented plan to support for seven (7) years following Vessel delivery to the Government.
- Products whose maintenance costs exceed replacement costs with current technology.
- Seller shall ensure that refreshments incorporated do not degrade performance. Seller shall develop a technology refreshment plan that cyclically removes technically antiquated or unsupported equipment and replaces it with technically superior equipment.
- For refreshment items that will increase the cost of Contract performance, removal of technically antiquated or unsupported equipment and replacement with technically superior equipment shall not occur without prior Buyer approval.
Back to top - Year 2000 Warranty - Information Technology (NAVSEA) (FEB 1999).
- All information technology ("IT"), whether commercial or noncommercial, delivered under this Contract that will be required to perform date/time processing involving dates subsequent to December 31, 1999, shall be Year 2000 compliant if properly installed, operated, and maintained in accordance with the Specifications and applicable documentation. If this Contract requires that specific deliverables operate together as a system, this requirement shall apply to those deliverables as a system.
- "Information Technology" or "IT," as used in this requirement, means "information technology" as that term is defined at FAR 2.101, and further including those items that would otherwise be excluded by paragraph (c) of that definition. "Year 2000 compliant" (as defined at FAR 39.002) means that the IT accurately processes data/time data (including, but not limited to, calculating, comparing, and sequencing) from, into, and between the twentieth and twenty-first centuries, and the years 1999 and 2000 and leap year calculations, to the extent that other IT, used in combination with the IT being delivered, properly exchanges date/time data with it. The "proper exchange" of date/time data shall be in accordance with the interface requirements specification(s) of this Contract.
- For line item deliverables which are commercial items (as defined at FAR 2.101), and which include commercial IT, the terms and conditions of the standard commercial warranty covering such commercial IT shall apply in addition to, and to the extent such terms and conditions are consistent with, this requirement. Any applicable commercial warranty shall be incorporated into this Contract by attachment.
- Notwithstanding any provisions to the contrary in any other warranty of this Contract, or in the absence of any such warranty(ies), the remedies available to Buyer under this requirement shall include those provided in the Inspection and Acceptance paragraph of this Contract. Nothing in this requirement shall be construed to limit any rights or remedies which Buyer may otherwise have under this Contract.
- Unless specifies elsewhere in this Contract, Seller will also deliver to Buyer a report summarizing any Year 2000 compliance testing that was performed, and the results thereof.
- The remedies available to Buyer for noncompliance with this requirement shall remain available until January 31, 2001, or one hundred eighty (180) days after acceptance of the last deliverable IT item under this Contract (including any options exercised hereunder), whichever is later.
Back to top PART D: INCORPORATED FAR AND DFARS CLAUSES
The following clauses are flowed down pursuant to the requirements of the Prime Contract.
The following clauses of the FAR and DFARS are hereby incorporated into this Contract by reference as if given in full text, subject to the following definitions, and subject to the particular limitations and modifications indicated. The full text of FAR and DFARS clauses may be accessed electronically at the following internet websites:
- Definitions.
The following terms will have the meanings indicated in each of the following clauses as modified:
- "Contractor" means Seller.
- "Subcontractor" means Seller's subcontractors.
- "Contract" means this Contract.
- "Buyer's Purchasing Representative" means the individual set out on the face of the purchase order of this Contract as "Buyer", or if none, Buyer's Director, Purchasing.
Back to top - DFARS Clauses - Commercial Items.
Only the following DFARS clause is applicable to Contracts solely for "Commercial Items" or "Commercial Components" as defined by FARclause 52.202-1.
252.225-7014 Preference for Domestic Specialty Metals (MAR 1998), and Alternate I (MAR 1998)
252.247-7023 Transportation of Supplies by Sea (MAR 2000)
252.247-7024 Notification of Transportation of Supplies by Sea (MAR 2000)
- DFARS Clauses - Noncommercial Items.
Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies (MAR 1999)
Disclosure of Information (DEC 1991)
252.209-7000 Acquisition from Subcontractors Subject to On-Site Inspection under the Intermediate-Range Nuclear Forces (INF) Treaty (NOV 1995), in which "Contracting Officer" means Buyer’s Purchasing Representative
252.211-7000 Acquisition Streamlining (DEC 1991)
252.215-7000 Pricing Adjustments (Dec 1991)
252.219-7003 Small, Small Disadvantaged and Women-Owned Small Business Subcontracting Plan (DOD Contracts) (APR 1996)
252.225-7001 Buy American Act and Balance of Payments Program (MAR 1998)
252.225-7009 Duty-Free Entry--Qualifying Country Supplies (End Products and Components) (MAR 1998)
252.225-7010 Duty-Free Entry--Additional Provisions (MAR 1998)
252.225-7012 Preference for Certain Domestic Commodities (MAY 1999)
252.225-7014 Preference for Domestic Specialty Metals (MAR 1998) and Alternate I (MAR 1998)
252.225-7015 Preference for Domestic Hand or Measuring Tools (DEC 1991)
252.225-7016 Restriction on Acquisition of Ball and Roller Bearings (AUG 1998)
252.225-7019 Restriction on Acquisition of Foreign Anchor and Mooring Chain (DEC 1991)
252.225-7022 Restriction on Acquisition of Polyacrylonitrile (PAN) Carbon Fiber (JUN 1997)
252.225-7025 Restriction on Acquisition of Forgings (JUN 1997)
252.225-7026 Reporting of Contract Performance Outside the United States (MAR 1998)
252.225-7029 Preference for United States or Canadian Air Circuit Breakers (AUG 1998)
252.225-7039 Restriction on Acquisition of Totally Enclosed Lifeboat Survival Systems (APR 1996)
252.227-7013 Rights in Technical Data--Noncommercial Items (NOV 1995)
252.227-7014 Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation (JUN 1995)
252.227-7015 Technical Data--Commercial Items (NOV 1995), in which "Government" means Buyer and "Contracting Officer" means Buyer’s Purchasing Representative
252.227-7016 Rights in Bid or Proposal Information (JUN 1995)
252.227-7017 Identification and Assertion of Use, Release or Disclosure Restrictions (JUN 1995), in which "Offeror" means Seller
252.227-7019 Validation of Asserted Restrictions--Computer Software (JUN 1995), which applies solely to Seller’s furnishing computer software
252.227-7025 Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends (JUN 1995)
252.227-7027 Deferred Ordering of Technical Data or Computer Software (APR 1988), in which "Government" means both the Government and Buyer
252.227-7030 Technical Data--Withholding of Payment (MAR 2000), in which "Contracting Officer" means Buyer and "Government" in paragraph (b) means Government or Buyer, the percentage for withholding in paragraph (a) is changed to 20%, and "Technical Data" includes Provisioning Technical Documentation (PTD)
252.227-7036 Declaration of Technical Data Conformity (JAN 1997), changing "Contractor" to "Seller" and "Contract No." to "Purchase Order No." for all declarations
252.227-7037 Validation of Restrictive Markings on Technical Data (SEP 1999)
252.235-7003 Frequency Authorization (DEC 1991), in which "Contracting Officer" means Buyer’s Purchasing Representative
252.243-7001 Pricing of Contract Modifications (DEC 1991)
252.243-7002 Requests for Equitable Adjustment (MAR 1998), in which "Government" means Buyer for purposes of requests for equitable adjustment which do not assert U.S. Government liability
252.244-7000 Subcontracts for Commercial Items and Commercial Components (DOD Contracts) (MAR 2000)
252.246-7001 Warranty of Data (DEC 1991) and Alternate I (DEC 1991), in which "Government" means Buyer and "Contracting Officer" means Buyer’s Purchasing Representative
252.247-7023 Transportation of Supplies by Sea (MAR 2000)
252.249-7002 Notification of Proposed Program Termination or Reduction (DEC 1996)
- FAR Clauses - Commercial Items.
Only the following FAR clauses are applicable to Contracts solely for "Commercial Items" or "Commercial Components" as defined by FARclause 52.202-1 .
Equal Opportunity (FEB 1999), but only paragraphs (b)(1) through (b) (11) thereof
Affirmative Action Plan for Disabled Veterans and Veterans of the Vietnam Era (APR 1998)
Affirmative Action for Workers with Disabilities (JUN 1998)
Stop-Work Order (AUG 1989), in which "Contracting Officer" means Buyer’s Purchasing Representative
Government Delay of Work (APR 1984), in which "Contracting Officer" means Buyer's Purchasing Representative, and for Paragraph (b)(1) "20 days" is changed to "10 days".
252.247-7024 Termination for Convenience of the Government (Fixed-Price) (SEP 1996), in which "Contracting Officer" means Buyer's Purchasing Representative, and "Government" means Buyer except in paragraph (n), Paragraph (c) is deleted, the term "1 year" in paragraph (e) is changed to "2 months," in paragraph (l) "90 days" is changed to "30 days," and if the Government is unable or unwilling in a timely manner to conduct any audit of Seller's books and records, an audit may be conducted by a mutually acceptable independent certified public accounting firm.
- FAR Clauses - Noncommercial Items.
Definitions (OCT 1995), except where "Contracting Officer" is specifically defined otherwise herein
Gratuities (APR 1984), in which "Government" means Buyer
52.203-5 Covenant Against Contingent Fees (APR 1984), in which "Government" means Buyer in paragraph (a)
52.203-6 Restrictions on Subcontractor Sales to the Government (JUL 1995)
52.203-7 Anti-Kickback Procedures (JUL 1995), except paragraph (c)1
52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997), in which "Government" means Buyer and "Contracting Officer" means Buyer’s Purchasing Representative
52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN 1997), for which all lower-tier certifications shall be in the form set forth in FAR 52.203-11, and all certifications and disclosures shall be sent to Buyer's Purchasing Representative with the "acknowledgment" copy of the purchase order
52.204-2 Security Requirements (AUG 1996), if this Contract involves access to classified information, except paragraph (c)
52.211-5 Material Requirements (OCT 1997), in which "Contracting Officer" in paragraphs (a) and (c) means Buyer’s Purchasing Representative
52.215-2 Audit and Records--Negotiation (JUN 1999), in which Buyer shall have the same audit rights as the Contracting Officer and the Comptroller General
52.215-11 Price Reduction for Defective Cost or Pricing Data--Modifications (OCT 1997), in which "Contracting Officer" and "Government" mean Buyer
52-215-13 Subcontractor Cost or Pricing Data--Modifications (OCT 1997)
52.215-14 Integrity of Unit Prices (OCT 1997), except paragraph (b)
52.215-15 Pension Adjustments and Asset Reversions (DEC 1998)
52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions (OCT 1997), in which "Contracting Officer" means Buyer’s Purchasing Representative and "Government" means Buyer
52.215-19 Notification of Ownership Changes (OCT 1997), in which "Administrative Contracting Officer" means Buyer’s Purchasing Representative
52.219-8 Utilization of Small Business Concerns (OCT 1999)
52.219-9 Small Business Subcontracting Plan (OCT 1999), in which "Contracting Officer" means Buyer’s Purchasing Representative
52.222-1 Notice to the Government of Labor Disputes (FEB 1997), in which "Contracting Officer" means Buyer's Purchasing Representative
52.222-4 Contract Work Hours and Safety Standards Act--Overtime Compensation (JUL 1995)
52.222-21 Prohibition of Segregated Facilities (FEB 1999)
52.222-26 Equal Opportunity (FEB 1999), but only paragraphs (b)(1) through b(11) thereof
52.222-35 Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era (APR 1998)
52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998)
52.222-37 Employment Reports on Disabled Veterans and Veterans of the Vietnam Era (JAN 1999)
52.223-11 Ozone-Depleting Substances (JUN 1996)
52.223-14 Toxic Chemical Release Reporting (OCT 1996), except paragraph (e)
52.225-8 Duty-Free Entry (FEB 2000)
52.225-13 Restrictions on Certain Foreign Purchases (JUL 2000)
52.227-1 Authorization and Consent (JUL 1995)
52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (AUG 1996)
52.227-10 Filing of Patent Applications--Classified Subject Matter (APR 1984)
52.227-12 Patent Rights--Retention by the Contractor (Long Form) (JAN 1997), in which all correspondence, notices and reports to the Contracting Officer shall be transmitted via Buyer’s Purchasing Representative, and in which in paragraph (o) "Government" means Buyer and "Contracting Officer" means Buyer’s Purchasing Representative
52.230-2 Cost Accounting Standards (APR 1998), except paragraph (b)
52.230-6 Administration of Cost Accounting Standards (NOV 1999)
52.234-1 Industrial Resources Developed Under Defense Production Act, Title III (DEC 1994)
52.242-15 Stop-Work Order (AUG 1989), in which "Contracting Officer" means Buyer’s Purchasing Representative
52.242-17 Government Delay of Work (APR 1984), in which "Contracting Officer" means Buyer's Purchasing Representative, and in Paragraph (b)(1) "20 days" is changed to "10 days"
52.243-6 Change Order Accounting (APR 1984), in which "Contracting Officer" means Buyer's Purchasing Representative
52.244-6 Subcontracts for Commercial Items and Commercial Components (OCT 1998)
