LABINAL POWER SYSTEMS. Revision: June 24, 2015 FEDERAL ACQUISITION REGULATION (FAR), DOD FAR SUPPLEMENT (DFARS)

Transcription

1 LABINAL POWER SYSTEMS Revision: June 24, 2015 FEDERAL ACQUISITION REGULATION (FAR), DOD FAR SUPPLEMENT (DFARS) The following clauses set forth in the FAR and DFARs as in effect on the date of this purchase order are incorporated herein by reference. Where necessary to make the clauses applicable to this purchase order, Contractor shall mean Seller, Contracting Officer shall mean Buyer or the Government whenever appearing in the clauses. If any of the following FAR or DFARS clauses do not apply to a particular purchase order, such clauses are considered to be selfdeleting. TERMS AND CONDITIONS Non-Commercial as per FAR and or Fixed Price Under U.S. Government Contract A. ALL ORDERS Profit Gratuities Price or Fee Adjustment for Illegal or Improper Activity Contractor Employee Whistleblower Rights and Requirement to Inform Employees of whistleblower Rights (Sep 2013) A. This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L ) and FAR B. The contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section of the Federal Acquisition Regulation. C. The contractor shall insert the substance of this clause, including this paragraph (c), in all subcontractors over the simplified acquisition threshold Security Requirements Printed or Copied Double-Sided on Postconsumer Fiber Content Paper Information Regarding Responsibility Matters Material Requirements Order of Precedence-Uniform Contract Format Page 1

2 Pension Adjustment and Asset Reversions Reversions or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions Acquisition from Subcontractors Subject to On-Site Inspection Notification of Ownership Changes Incentive Price Revision Firm Target Incentive Price Revision Successive Targets Utilization of Small Business Concerns Prohibition of Segregated Facilities Equal Opportunity Service Contract Labor Standards Combating Trafficking in Persons Hazardous Material Identification and Material Safety Data Recovered Material Certification Notice of Radioactive Materials Energy Efficiency in Energy-Consuming Products Privacy Act Buy American Act Supplies Buy American Act Free Trade Agreements Israeli Trade Act Trade Agreements Duty-Free Entry Restrictions on Certain Foreign Purchases Utilization of Indian Organizations and Indian-Owned Economic Enterprises Authorization and Consent Refund of Royalties Filing of Patent Applications Classified Subject Matter Page 2

3 Patent Rights Ownership by the Contractor Rights in Data General Federal, State, and Local Texas Unenforceability of Unauthorized Obligations Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) Protest After Award Applicable Law for Breach of Contract Claim Industrial Resources Developed Under Defense Production Act Title III Accident Prevention Continuity of Services Notice of Intent to Disallow Costs Notification of Changes within 60 calendar days Subcontracts for Commercial Items Government Property (Applicable only if U.S. Government Property is furnished to Seller by Buyer under this order.) Use and Charges Inspection of Supplies Fixed Price Responsibility for Supplies Preference for U.S. Flag Air Carriers Preference for Privately Owned U.S. Flag Commercial Vessels Submission of Transportation Documents for Audit Disclosure of Information Restrictions on Employment of Personnel Restrictions on the Use of Mandatory Arbitration Agreements Prohibition on Storage, Treatment, and Disposal of Toxic and Hazardous Materials Page 3

4 Buy American and Balance of Payments Program Prohibition on Acquisition of United States Munitions List Items from Communist Chinese Military Companies Commercial Derivative Military Article-Specialty Metals Compliance Certificate Duty Free Entry Restriction on Acquisition of Ball and Roller Bearings Restrictions on Acquisition of Forgings Exclusionary Policies and Practices of Foreign Governments Acquisition of Uniform Components for Afghan Military or Afghan National Police Governments Restriction on Acquisition of Carbon Alloy and Armor Steel Plate Buy American Free Trade Agreements Balance of Payments Program Rights in Technical Data Non-Commercial Items Rights in Non-Commercial Computer Software and Non-Commercial Computer Software Documentation Technical Data Commercial Items Rights in Bid or Proposal Information Validation of Asserted Restrictions Computer Software Limitations on the Use or Disclosure of Government Furnished Information Marked with Restrictive Legends Technical Data Withholding of Payment Validation of Restrictive Markings of Technical Data Ground and Flight Risk Accident Reporting and Investigation Involving Aircraft, Missiles, and Space Launch Vehicles Acknowledgement of Support and Disclaimer Warranty of Data Page 4

5 Notification of Potential Safety Issues Notification of Transportation of Supplies by Sea TERMS AND CONDISTION Fixed Price Under U.S. Government Contract B. ALL ORDERS OF 10,000 OR GREATER Contracts for Materials, Supplies, Articles and Equipment Exceeding $15, Equal Opportunity for Workers with Disabilities C. ALL ORDERS OF $25,000 OR GREATER ($30,000 OR GREATER IF PRIME CONTRACT DATED ON OR AFTER SEPTEMBER 28, 2006.) Protecting the Government s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment D. ALL ORDERS OF $50,000 OR GREATER Defense Priority and Allocation Requirements E. ALL ORDERS OF $100,000 OR GREATER Restrictions on Subcontractor Sales to the Government Anti-Kickback Procedures Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions Limitation on Payments to Influence Certain Federal Transactions Audit and Records Negotiation Integrity of Unit Prices (less paragraph (b) of this clause) Contract Work Hours and Safety Standards Overtime Compensation Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and other Eligible Veterans Employment Reports on Veterans Compliance with Veteran s Employment Reporting Requirements Acquisition of EPEAT Registered Televisions Page 5

6 Notice and Assistance Regarding Patent and Copyright Infringement Patent Indemnity Payments under Fixed-Price Research and Development Contracts Site Visit Inspection of Services Fixed-Price Inspection of Research and Development Fixed-Price Infringement Value Engineering Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies Transportation of Supplies by Sea Notification of Anticipated Contract Termination or Reduction F. ALL ORDERS OF $ OR GREATER Cost Accounting Standards Disclosure and Consistency of Cost Accounting Practices Cost Accounting Standards Educational Institution Administration of Cost Accounting Standards Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns Requests for Equitable Adjustment Applies if subcontract is over $150,000 G. ALL ORDERS OF $500,000 OR GREATER ($550,000 OR GREATER IF PRIME CONTRACT DATED ON OR AFTER SEPTEMBER 28, 2006) Small Business Subcontracting Plan Small Business Subcontracting Plan (DoD Contracts) H. ALL ORDERS OF $550,000 OR GREATER ($650,000 OR GREATER IF PRIME CONTRACT DATED ON OR AFTER SEPTEMBER 28, 2006) Audit and Records Sealed Bidding Page 6

7 Price Reduction for Defective Certified Cost or Pricing Data Modification Sealed Bidding Subcontractor Certified Cost or Pricing Data Modifications Sealed Bidding Price Reduction for Defective Certified Cost or Pricing Data Price Reduction for Defective Certified Cost or Pricing Data Modifications Subcontractor Certified Cost or Pricing Data Subcontractor Certified Cost or Pricing Data Modifications Requirements for Cost or Pricing Data Other Than Cost or Pricing Data I. ALL ORDERS OF $1 MILLION OR GREATER Acquisition Streamlining J. ALL ORDERS OF $5 MILLION OR GREATER Contractor Code of Business Ethics and Conduct Display of Hotline Poster(s) Excessive Pass-Through Charges Identification of Subcontract Effort Excessive Pass-Through Charges Elimination of Use of Class I Ozone Depleting Substances (ODS) Additional FAR Clauses If the Order is not for a commercial item within the guidelines and or meaning of FAR 2.101, the following FAR clauses will be in effect on the date of the prime contract shall apply: Definitions Certificate of Independent Price Determination Gratuities Covenant Against Contingent Fees Restrictions on Subcontractor Sales to the Government Anti-kickback Procedures Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity Page 7

8 Price or Fee Adjustment for Illegal or Improper Activity Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions Limitation on Payments to Influence Certain Federal Transactions Contractor Code of Business Ethics and Conduct Display of Hotline Posters Whistleblower Protections Under the American Recovery and Reinvestment Act of Preventing Personal Conflicts of Interest Security Requirements Women-Owned Business Other Than Small Business Data Universal Numbering System Number Personal Identity Verification of Contractor Personnel Reporting Executive Compensation and First Tier Subcontract Awards American Recovery and Reinvestment Act Reporting Requirements Economic Purchase Quantity Supplies Required Sources for Helium and Helium Usage Data Certification Regarding Responsibility Matters Protecting the Governments Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment Material Requirements Notice of Priority Rating for National Defense, Emergency Preparedness, and Energy Program Use Defense Priority and Allocation Requirements Contract Terms and Conditions Required to Implement Statutes or Executive Orders Audit and Records Sealed Bidding Page 8

9 Price Reduction for Defective Certified Cost or Pricing Data Modifications Sealed Bidding Subcontractor Certified Cost or Pricing Data Modifications Sealed Bidding Audit Records Negotiation Place of Performance Change or Additions to Make-or-Buy Program Price Reduction for Defective Certified Cost or Pricing Data Price Reduction for Defective Certified Cost or Pricing Date Modifications Subcontractor Certified Cost or Pricing Data Subcontractor Certified Cost or Pricing Data Modifications Integrity of Unit Prices (exclude paragraph (b), but include paragraph (b) in Alternate I) Pension Adjustments and Asset Reversions Facilities Capital Cost of Money Waiver of Facilities Capital Cost of Money Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions Notification of Ownership Changes Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost of Pricing Date Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost of Pricing Date Modifications Limitations on Pass-Through Charges Identification of Subcontract Effort Limitations on Pass-Through Charges Allowable Cost and Payment Small Business Program Representations Utilization of Small Business Concerns Small Business Subcontracting Plan Page 9

10 Incentive Subcontracting Program Liquidated Damages Subcontracting Plan Notice to the Government of Labor Disputes Payment for Overtime Premiums Convict Labor Contract Work Hours and Safety Standards Overtime Compensation Subcontracts (Labor Standards) Child Labor Cooperation with Authorities and Remedies Contracts for Materials, Supplies, Articles and Equipment Exceeding $15, Prohibition of Segregated Facilities Previous Contracts and Compliance Reports Pre-award On-Site Equal Opportunity Compliance Evaluation Affirmative Action Compliance Equal Opportunity Affirmative Action Compliance Requirements for Construction Notification of Visa Denial Project Labor Agreement Equal Opportunity for Veterans Affirmative Action for Workers with Disabilities Employment Reports on Veterans Notification of Employee Rights Under the National Labor Relations Act Service Contract Labor Standards Combating Trafficking in Persons Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance Page 10

11 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services Requirements Employment Eligibility Verification Hazardous Material Identification and Material Safety Data Recovered Material Certification Pollution Prevention and Right-to-Know Information Drug-Free Workplace Withholding of Funds Estimate of Percentage of Recovered Material Content for EPA Designated Items Ozone-Depleting Substances Acquisition of EPEAT Registered Imaging Equipment Acquisition of EPEAT Registered Televisions Encouraging Contractor Policies to Ban Text Messaging While Driving Privacy Act Buy American Supplies Buy American Certificate Buy American Free Trade Agreements Israeli Trade Act Buy American Free Trade Agreements Israeli Trade Act Certificate Trade Agreements Trade Agreements Certificate Waiver of Buy American Statute for Civil Aircraft and Related Articles Duty-Free Entry Restrictions on Certain Foreign Purchases Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission Outside the United States Page 11

12 Required Use of American Iron, Steel, and Manufactured Goods Buy American Statute Construction Materials Notice of Required Use of American Iron, Steel, and Manufactured Goods Buy American Statute Construction Materials Required Use of American Iron, Steel, and Manufactured Goods Buy American Statute Contraction Materials Under Trade Agreements Notice of Required Use of American Iron, Steel, and Manufactured Goods Buy American Statute Construction Materials Under Trade Agreements Utilization of Indian Organizations and Indian-Owned Economic Enterprises Historically Black College or University and Minority Institution Representation Authorization and Consent Notice and Assistance Regarding Patent and Copyright Infringement Royalty Information Refund of Royalties Filing of Patent Applications Classified Subject Matter Patent Rights Ownership by the Contractor Patent Rights Ownership by the Government Rights in Data General Representation of Limited Rights Data and Restricted Computer Software Additional Data Requirements Rights in Data Special Works Rights in Data Existing Works Commercial Computer Software License Rights in Data SBIR Program Technical Data Declaration, Revision, and Withholding of Payment Major Systems Major System Minimum Rights Rights to Proposal Data (Technical) Page 12

13 Workers Compensation Insurance (Defense Base Act) Workers Compensation and War-Hazard Insurance Overseas Insurance Work on a Government Installation Insurance Liability to Third Persons North Carolina State and Local Sales and Use Tax Federal, State, and Local Taxes Federal, State, and Local Taxes (State and Local Adjustments) Taxes Foreign Fixed Price Contracts Taxes Fixed-Price Contracts with Foreign Governments Taxes Foreign Cost Reimbursement Contracts State of New Mexico Gross Receipts and Compensating Tax Interest Limitation of Cost Limitation of Funds Prompt Payment for Construction Contracts Industrial Resources Developed Under Defense Production Act Title III Earned Value Management System Accident Prevention Indemnification and Medical Liability Insurance Restriction on Severance Payments to Foreign Nationals Identification of Uncompensated Overtime Privacy or security Safeguards Production Progress Reports Penalties for Unallowable Costs Certification of Final Indirect Costs Page 13

14 Bankruptcy Stop-Work Order, (in paragraph (a), change 90 days is modified to read 180 days Changes Fixed Price Changes Cost Reimbursement Change Order Accounting Subcontracts Competition in Subcontracting Subcontracts for Commercial Items Government Property Government Property Installation Operation Services Use and Charges Inspection of Supplies Fixed Price Inspection of Supplies Cost Reimbursement Responsibility for Supplies Preference for U.S. Flag Air Carriers Preference for Privately Owned U.S. Flag Commercial Vessels Value Engineering Termination for Convenience of the Government (Fixed-Price) Termination (Cost-Reimbursement) Default (Fixed-Price Supply and Service) Additional DFAR Clauses 7.5 If this is not for a commercial item within the guidelines and or meaning of FAR and is a subcontract under a prime contract awarded to Buyer by the U.S. Department of Defense, the following DFARS clauses will be in effect on the date of the prime contract and shall apply in addition to, or in lieu of, the FAR clauses identified above: Page 14

15 Definitions Requirements Relating to Compensation of Former DoD Officials Prohibition on Persons Convicted of Fraud or Other Defense Contract Related Felonies Requirement to Inform Employees of Whistleblower Rights Display of Fraud Hotline Posters Disclosure of Information Oral Attestation of Security Responsibilities Export Controller Items Requirement for Contractor to Notify DoD if the Contractor s Activities are Subject to Reporting Under the U.S. International Atomic Energy Agency Additional Protocol Safeguarding of Unclassified Controlled Technical Information Limitations on the Use or Disclosure of Information by Litigation Support Contractors (Feb 2014) Disclosure of Information to Litigation Support Contractors Provision of Information to Cooperative Agreement Intent to Furnish Precious Metals as Government-Furnished Material Disclosure of ownership or control by the government of a terrorist country Disclosure of ownership or control by a foreign government Sub-contracting with firms that are owned or controlled by the government of a terrorist country Notice of Prohibition Relating to Organizational Conflict of Interest Organizational Conflict of Interest Acquisition Streamlining Item Identification and Valuation Pricing Adjustments Page 15

16 Cost Estimating System Requirements Identification of Sources of Supply Small Business Subcontracting Plan (DoD Contracts) Small Business Subcontracting Plan (Test Program) Restrictions on Employment of Personnel Compliance with Local Labor Laws (Overseas) Restrictions on the Use of Mandatory Arbitration Agreements Hazard Warning Labels Safety Precautions for Ammunition and Explosives Change in Place of Performance Ammunition and Explosives Drug-Free Work Force Prohibition on Storage and Disposal of Toxic and Hazardous Materials Safeguarding Sensitive Conventional Arms, Ammunition, and Explosives Buy American-Balance of Payments Program Buy American and Balance of Payments Program Qualifying Country Sources as Subcontractors Report of Intended Performance Outside the United States and Canada Submission with Offer Report of Intended Performance Outside 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 Prohibition on Acquisition of United States Munitions List Items from Communist Chinese Military Companies Restriction on Acquisition of Specialty Metals Restriction on Acquisition of Certain Articles Containing Specialty Metals Restriction on Acquisition of Supercomputers Page 16

17 Preference for Certain Domestic Commodities Duty-Free Entry Preference for Domestic Specialty Metals Restriction on Acquisition of Hand or Measuring Tools Restriction on Acquisition of Ball and Roller Bearings Photovoltaic Devices Certificate Restriction on Acquisition of Anchor and Morring Chain (Dec 2009) Trade Agreements Certificate Trade Agreements Preference for Products or Services from Afghanistan Requirement for Products or Services from Afghanistan Restrictions on Acquisition of Forgings Restriction on Contingent Fees for Foreign Military Sales Exclusionary Policies and Practices of Foreign Governments Restriction on Acquisition of Carbon, Alloy, and Armor Steel Plate Secondary Arab Boycott of Israel Waiver of United Kingdom Levies Evaluation of Offers Waiver of United Kingdom Levies Buy American Free Trade Agreements Balance of Payments Buy American Free Trade Agreements Balance of Payments Restriction on Acquisition of Air Circuit Breakers Contractor Personnel Supporting U.S. Armed Forces Deployed Authorization to Perform Antiterrorism/Force Protection for Defense Contractors Outside the United States Export-Controlled Items Page 17

18 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns Rights in Technical Data Rights in Non-commercial Computer Software and Non-commercial computer software documentation Technical Data Rights in Bid or Proposal Information Identification and Assertion of Use, Release, or Disclosure Restrictions Rights in Non-commercial Technical Data and Computer Software Small Business Innovation Research (SBIR) Program Validation of Asserted Restriction Computer Software Rights in Special Works Rights in Data Existing Works Government Rights (Unlimited) Drawings and Other Data to Become Property of Government Notice and Approval of Restricted Designs Limitations on the Use of Disclosure of Government-Furnished Information Marked with Restrictive Legends Deferred Delivery of Technical Data or Computer Software Deferred Ordering of Technical Data or Computer Software Technical Data or Computer Software Previously Delivered to the Government Technical Data Withholding of Payment Rights in Technical Data and Computer Software (Foreign) Rights in Shop Drawings Validation of Restrictive Markings on Technical Data Patent Rights Ownership by the Contractor (Large Business) Patents Reporting of Subject Inventions Page 18

19 Reimbursement for War Hazard Losses Ground and Flight Risk Capture and Detention Accident Reporting and Investigation Involving Aircraft, Missiles, and Space Launch Vehicles Invoices Exclusive of Taxed or Duties Tax Relief Customers Exemptions (Germany) Tax Exemptions (Italy) Status of Contractor as a Direct Contractor (Spain) Tax Exemptions (Spain) Value Added Tax Exclusion (United Kingdom) Verification of United States Receipt of Goods Relief from Import Duty (United Kingdom) Reporting of Foreign Taxes Supplemental Cost Principles Levies on Contract Payments Notice of Earned Value Management System (If required by DFARS ) Earned Value Management System Frequency Authorization Protection of Human Subjects Requirement for Competition Opportunity for American Steel Produces, Fabricators, and Manufacturers Training for Contractor Personnel Interacting with Detainees Continuation of Essential Contractor Services Protection Against Compromising Emanations Page 19

20 Telecommunications Security Equipment, Devices, Techniques, and Services (Dec 1991) (This clause applies only if the subcontract involves securing) Material Management and Accounting System Contractor Business Systems Accounting System Administration Pricing of Contract Modifications Subcontracts for Commercial Items Contractor Purchasing System Administration Contractor Property Management System Administration Notification of Potential Safety Issues Contractor Counterfeit Electronic Part Detection and Avoidance System Pass-Through of Motor Carrier Fuel Surcharge Adjustments to the Cost Bearer Liability and Insurance Representation of Extent of Transportation by Sea Transportation of Supplies by Sea Notification of Transportation of Supplies by Sea Special Termination Costs Notification of Anticipated Contract Termination or Reduction Page 20