(FIXED PRICE SUBCONTRACTS)

Transcription

1 GENERAL PROVISIONS (FIXED PRICE SUBCONTRACTS) The provisions set forth in the following listed sections of the Federal Acquisition Regulations (FAR)/DOD FAR Supplement Regulations (DFAR) are incorporated into this Subcontract/Purchase Order by this reference, as though set forth in full. When used in these clauses, the term Government shall, except as noted below where the clause is referenced, include the words and Buyer ; the term Contracting Officer shall mean Buyer ; the term Contract shall mean This Subcontract/Purchase Order ; the term Contractor shall mean Seller ; the term Subcontractor shall mean Lower-Tier Subcontractor ; and the term Prime Contractor shall mean the United States Government Contract to Textron Marine & Land Systems (TM&LS) under which this Subcontract/Purchase Order is issued. Copies of FAR may be obtained from the U.S. Government Printing Office, Washington, D.C. FLOWDOWN TERMS AND CONDITIONS D0A4 Rating Medium Armored Security Vehicle (Masv) FAR/DFAR SUPPLEMENT PROVISIONS The following Federal Acquisition Regulation clause and Defense Federal Acquisition Regulation Supplement clause are incorporated herein by reference, with the same force and effect as if they were given in full text. The full text of a clause may be accessed electronically at this address: Whenever necessary, to make such clauses applicable, the term "Contractor" shall mean "Seller", and the term "Contract" shall mean "Order", the term "Government", and equivalent shall include the words "and Textron Marine & Land Systems (TMLS)", and the terms "Contracting Officer" and equivalent shall include the words "and TMLS Buyer/Subcontract Administrator", provided the use of such terms shall convey data and patent rights only to the U.S. Government, and that in provisions relating to Government property or audit or compliance with federal regulations, the U.S. Government will act on its own behalf. All Terms and Conditions are subject to FAR , Definitions. Page 1 of 10

2 SUPPLEMENTAL TERMS AND CONDITIONS WARREN OMBUDPERSON-TACOM JAN CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER PAYMENT INSTRUCTIONS FOR THE DEFENSE FINANCE AND ACCOUNTING SERVICE JAN-2009 AUG-2000 OCT ACCEPTANCE APPENDIX (TACOM) SEP CENTRAL CONTRACTOR REGISTRATION APR REPORTING EXECUTVE COMPENSATION AND FIRST TIER SUBCONTRACT AWARDS UPDATES OF INFORMATION REGARDING RESPONSIBILITY MATTERS (DEV ) PROTECTING THE GOVERNMENT S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT LIQUIDATED DAMAGES --SUPPLIES, SERVICES, OR RESEARCH AND DEVELOPMENT JUL-2010 DEC-2010 SEP DELIVERY OF EXCESS QUANTITIES SEP ACQUISITION OF MANUFACTURER'S PART NUMBER (TACOM) INTERCHANGEABILITYH OF COMPONENTS (TACOM) TECHNICAL DATA PACKAGE INFORMATION (TACOM) ORDER OF PRECEDENCE UNIFORM CONTRACT FORMAT INTEGRITY OF UNIT PRICES (OCT 2010) -- (ALTERNATE I, (OCT 1997)) COST AND PRICING DATA CHECKLIST REQUIRED (ACC) MAY-1996 MAY-1994 OCT-1997 OCT-1997 APR LIMITATION OF GOVERNMENT LIABILITY APR STATUS OF FUNDS ON COST REIMBURSEMENT CONTRACTS/CLINS JUN1989 Page 2 of 10

3 AUDIT AND RECORDS - NEGOTIATIONS SEPARATELY PRICED OPTION FOR INCREASED QUANTITY FEB OPTION TO EXTEND SERVICES NOV UTILIZATION OF SMALL BUSINESS CONCERNS MAY LIQUIDATED DAMAGES -SUBCONTRACTING PLAN MAY SMALL DISADVANTAGED BUSINESS PARTICIPATION PROGRAM--DISADVANTAGED STATUS AND REPORTING (DEV 2009-O0009) POST AWARD SMALL BUSINESS PROGRAM REPRESENTATION APR-2008 APR PILOT MENTOR-PROTÉGÉ PROGRAM APR NOTICE TO THE GOVERNMENT OF LABOR DISPUTES CHILD LABOR COOPERATION WITH AUTHORITIES AND REMEDIES FEB-1997 JUL NOTIFICATION OF VISA DENIAL JUN NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT DEC SERVICE CONTRACT ACT OF 1965 NOV CONTRACTOR POLICY TO BAN TEXT MESSAGING WHILE DRIVING INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION OF CONTRACT VERIFICATION OF FOREIGN MILITARY SALES (FMS) ADDRESSES ARMY MATERIAL COMMAND (AMC) ADMINSTRATIVE REQUIREMENTS FOR DEPLOYED CONTRACTORS (TACOM) SEP-2010 FEB-2000 APR-2006 JUN REFUND OF ROYALTIES APR WORKERS COMPENSATION INSURANCE (DEFENSE BASE ACT) WORKERS COMPENSATION AND WAR-HAZARD INSURANCE OVERSEAS APR-1984 APR-1984 Page 3 of 10

4 FEDERAL, STATE, AND LOCAL TAXES APR TAXES FOREIGN FIXED PRICE CONTRACTS JUN PAYMENTS APR DISCOUNTS FOR PROMPT PAYMENT FEB EXTRAS APR PROGRESS PAYMENTS AUG INTEREST ASSIGNMENT OF CLAIMS (JAN 1986) ALTERNATE I (APR 1984) JAN PROMPT PAYMENT OCT PAYMENT BY ELECTRONIC FUNDS TRANSFER - CENTRAL CONTRACTOR REGISTRATION WIDE AREA WORKFLOW (WAWF), CODES, AND DESIGNATED ACCEPTORS (TACOM) OCT-2003 APR DISPUTES JUL PROTEST AFTER AWARD AUG APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM OCT CONTRACTOR MANPOWER REPORTING (TACOM) FEB PRODUCTION PROGRESS REPORTS APR PENALTIES FOR UNALLOWABLE COSTS MAY CERTIFICATION OF FINAL INDIRECT COSTS JAN BANKRUPTCY JUL GOVERNMENT DELAY OF WORK APR WORK DIRECTIVES FEB DELIVERY SCHEDULE SEP CHANGES FIXED PRICE AUG-1987 Page 4 of 10

5 CHANGE ORDER ACCOUNTING APR NOTIFICATION OF CHANGES APR SUBCONTRACTS COMPETITION IN SUBCONTRACTING DEC GOVERNMENT PROPERTY AUG USE AND CHARGES JUN INSPECTION OF SUPPLIES - FIXED PRICE AUG INSPECTION OF SERVICES - FIXED PRICE AUG CERTIFICATION OF CONFORMANCE APR RESPONSIBILITY FOR SUPPLIES APR LIMITATION OF LIABILITY- HIGH VALUE ITEMS FEB FINAL INSPECTION RECORD (FIR) (TACOM) APR HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT--TACOM QUALITY SYSTEM REQUIREMENT (TACOM) MAY LOCAL ADDRESSES FOR DD FORM 250 (TACOM) AUG INSPECTION AND ACCEPTANCE POINTS: ORIGIN (TACOM) FIRST PRODUCTION VEHICLE ACCEPTANCE (TACOM) NOV-2005 APR DRAWINGS FOR INSPECTION AUG COMMERCIAL BILL OF LADING NOTATIONS FEB F.O.B. ORIGIN FEB SHIPMENT OF SUPPLIES AND DETENTION OF CARRIERS EQUIPMENT TRANSPORTATION DATA FOR FOB ORIGIN OFFERS AUG-2003 FEB FOB POINT SEP HEAT TREATMENT AND MARKING OF WOOD AUG-2005 Page 5 of 10

6 PACKAGING MATERIALS (TACOM) DEPOT ADDRESS FOR THE APPLICABLE MODE OF SHIPMENTS IN THE CLEAR ADDRESSES CLEARANCE AND DOCUMENTATION REQUIREMENTS--SHIPMENTS TO DOD AIR OR WATER TERMINAL TRANSSHIPMENT POINTS F.O.B. POINT FOR DELIVERY OF GOVERNMENT FURNISHED PROPERTY LOADING, BLOCKING & BRACING OF FRIEGHT CAR SHIPMENTS F.O.B. ORIGIN CARLOAD AND TRUCKLOAD SHIPMENTS MAY-2004 FEB-2006 JUN-2003 APR-1984 APR GUARANTEED SHIPPING CHARACTERISTICS DEC PREFERENCE FOR U.S.-FLAG AIR CARRIERS JUN F.O.B. ORIGIN PREPAID FREIGHT - SMALL PACKAGE SHIPMENTS JAN REPORT OF SHIPMENT (RESHIP) FEB VALUE ENGINEERING TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) MAY DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) APR EXCUSABLE DELAYS APR CLAUSES INCORPORATED BY REFERENCE FEB AUTHORIZED DEVIATIONS IN CLAUSES APR COMPUTER GENERTED FORMS JAN CONTRACTING OFFICER S REPRESENTITIVE DEC REQUIREMETNS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE CONTRACT-RELATED FELONIES REQUIREMETN TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS JAN-2009 DEC-2008 JAN-2009 Page 6 of 10

7 AGENCY OFFFICE THE INSPECTOR GENERAL SEP DISCLOSURE OF INFORMATION DEC CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT ORAL ATTESTATION OF SECURITY RESPONSIBILITIES APR-1992 NOV BILLING INSTRUCTIONS OCT REQUIREMENTS FOR CONTRACTS INVOLVING EXPORT CONTROLLED ITEMS PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE GOVERNMENT OF A TERRORIST COUNTRY APR-2010 DEC-1991 DEC ACQUISITION STREAMLINING RADIO FREQUENCY IDENTIFICATION FEB REPORTING OF GOVNT FURNISHED EQUIPMENT IN THE DOD ITEM UNIQUE IDENTIFICATION (IUID) REGISTRY USE OF GOVERNMENT-ASSIGNED SERIAL NUMBERS NOV-2008 SEP PRICING ADJUSTMENTS DEC COST ESTIMATING SYSTEM REQUIREMENTS DEC SMALL BUSINESS SUBCONTRACTING PLAN (DoD Contracts) DRUG FREE WORKPLACE SEP QUALIFYING COUNTRY SOURCES AS SUBCONTRACTS REPORT OF INTENDED PERFORMANCE OUTSIDE OF THE UNITED STATES AND CANADA- SUBMISSION AFTER AWARD IDENTIFICATION OF EXPENDITURES IN THE UNITED STATES QUARTERLY REPORTING OF ACTUAL CONTRACT PERFORMANCE OUTSIDE THE UNITED STATES APR-2003 JUN-2005 Page 7 of 10

8 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES RESTRICTION ON ACQUISITION OF HAND OR MEASURING TOOLS JUN-2010 JUN TRADE AGREEMENTS NOV EXCLUSIONARY POLICIES AND PRACTICES OF FOREIGN GOVERNMENTS RESTRICTIONS OF ACQUISTION OF CARBON, ALLOY, AND ARMOR STEEL PLATE APR-2003 DEC WAIVER OF UNITED KINGDON LEVIES APR CORRESPONDENCE IN ENGLISH JUN UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS SEP CAPTURE AND DETENTION DEC REPORTING OF FOREIGN TAXES U.S. ASSISTANCE PROGRAMS SEP SUPPLEMENTAL COST PRINCIPALS DEC PROGRESS PAYMENTS FOR FOREIGN MILITARY SALES ACQUSISTIONS DEC ASSIGNMENT OF CLAIM S (OVERSEAS) JUN LEVIES ON CONTRACT PAYMENTS DEC CHOICE OF LAW (OVERSEAS) JUN APPLICATION FOR U.S. GOVERNMENT SHIPPING DOCUMENTATION/INSTRUCTIONS MATERIAL MANAGEMENT AND ACCOUNTING SYSTEM DEC-1991 JUL REQUESTS FOR EQUITABLE ADJUSTMENT MAR SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL COMPONENTS (DOD CONTRACTS) MAR MATERIAL INSPECTION AND RECEIVING REPORT MAR NOTIFICATION OF ANTICIPATED CONTRACT TERMINATION OR REDUCTION Page 8 of 10

9 FIRST ARTICLE APPROVAL-GOVERNMENT TESTING (SEP 1989) ALTERNATE II (SEP 1989) STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES CONTRACTOR PERSONNEL AUTHORIZED TO ACCOMPANY U.S. ARMED FORCES DEPLOYED OUSIDE OF THE UNITED STATES REQUIRED SOURCES FOR HELIUM AND HELIUM USAGE DATA SUBSTITUTIONS FOR MILITARY OR FEDERAL SPECIFICATIONS AND STANDARDS ADDITIONAL REQUIREMENTS AND RESPONSIBILITIES RELATING TO ALLEGED CRIMES BY OR AGAINST CONTRACTOR PERSONNEL IN IRAQ AND AFGHANISTAN (DEVIATION 2010-O0014) MANDATORY USE OF CONTRACTOR TO GOVERNMENT ELECTRONIC COMMUNICATION SEP1989 MAY-1989 JUL-2009 APR-2002 NOV-2005 AUG-2010 MAR-2005 SPECIAL AND JOINT CONTRACTING COMMAND (JCC) CONTRACT REQUIREMENTS: RESTRICTIONS ON THE USE OF MANATORY ARBITRATION AGREEMENTS DEC REQUIRED USE OF ELECTRONIC CONTRACTING SEP LOCAL ADDRESSES FOR DD FORM 250 AND WAWF RECEIVING REPORTS INDUSTRIAL RESOURCES DEVELOPED UNDER PRODUCTION ACT TITLE III PROHIBITION AGAINST HUMAN TRAFFICKING, INHUMANE LIVING CONDITIONS AND WITHHOLDING OF EMPLOYEE PASS BOARDS REPORTING KIDNAPPINGS, SERIOUS INJURIES, AND DEATHS ARMING REQUIREMENTS AND PROCEDURES FOR PERSONAL SECURITY SERVICES CONTRACTORS AND FOR REQUESTS FOR PERSONAL PROTECTION AUG-2010 DEC-1994 MAR-2009 MAR-2009 MAR ARMED PERSONNEL INCIDENT REPORTS JAN-2010 Page 9 of 10

10 FITNESS FOR DUTY AND MEDICAL/DENTAL CARE LIMITATIONS MAR COMPLIANCE WITH LAWS AND REGULATIONS MAR MONTHLY CONTRACTOR CENSUS REPORTING MAR SHIPPING INSTRUCTIONS FOR WEAPONS JUL MEDICAL SCREENING & VACCINATION REQUIREMENTS GOVERNMENT FURNISHED CONTRACTOR SUPPORT (C3) NOV-2010 JUL CONTRACTOR HEALTH AND SAFETY NOV CONTRACTOR DEMOBILIZATION (C3) NOV-2010 Page 10 of 10