Purchase Order Terms and Conditions
Unless and to the extent that a separately negotiated contract executed between the parties is cited on the procuring party’s purchase order, the following terms and conditions of purchase are applicable to purchases made by Aero-Glen International LLC, (“Buyer”) from its vendors and/or suppliers (“Seller”).
This Purchase Order (Order) constitutes an offer by Buyer which is accepted by Seller solely in accordance with the terms set forth herein and on the face of the Order upon the earlier of Seller’s signing and returning the acknowledgment copy hereof or commencement of effort, or delivery in whole or in part of articles or the furnishing of service required herein. Seller shall acknowledge the Order within ten (10) days of the date of the Order. In the event Seller fails to acknowledge, accept or reject an Order within such time, the Order shall be deemed accepted.
Buyer may at any time by a written order make changes within the general scope of this Order in any one or more of the following: (i) drawings, designs, or specification; (ii) method of shipping or packing; (iii) place or time of delivery; and (iv) quantity. Seller shall proceed immediately to perform this Order as changed. If any such changes caused an increase or decrease in the cost or the time required for the performance of this Order, an adequate adjustment shall be made in the price or delivery schedule, or both and this Order shall be modified in writing accordingly. Any claim for adjustment under this provision must be submitted in writing within 20 days from the date the change is ordered together with cost or pricing data sufficient to permit evaluation of such claim. Failure of the parties to agree upon any adjustment to be made under this clause shall not excuse Seller from proceeding with the Order as changed, or as directed by an authorized representative of Buyer’s Purchasing Department.
Seller agrees to deliver acceptable parts in strict conformance to the delivery schedule as it appears on the face of this Order, and agrees that Buyer may return at Seller’s expense and risk all material shipped otherwise. If at any time Seller has reason to believe that deliveries will not be made as scheduled, Seller shall immediately give Buyer written notice setting forth the causes of the anticipated delay. Such
notice shall not be construed as a waiver by Buyer of any of its rights that may exist at law or under this Order. If Seller fails to make shipment in accordance with the time specified in the Order, Buyer may (refuse any Goods and cancel this Order, in whole or in part, and any advance payments made to Seller shall be returned to Buyer within five (5) calendar days after such cancellation. In addition to any other rights and remedies that Buyer may have, in the event of Seller’s failure to make timely shipment under this Clause or failure to meet any other delivery obligation, Seller shall be responsible for all shipping costs and expenses incurred with respect to such failure, including the costs of expediting shipment with respect to late deliveries. Seller shall suitably pack Goods to insure against damage from weather and transportation and to secure lowest transportation costs and to conform to the requirements of common carriers and any applicable specifications. Buyer may specify the routing of any shipment, but if not specified, Seller shall route shipments to achieve the lowest freight rate. Each notice of shipment shall be delivered to Buyer immediately upon shipment and shall reflect any car number, routing, and any other shipment information. Seller shall not manufacture or order materials in advance of Seller’s required flow time or deliver any materials in advance of schedule set forth in this Order without Buyer’s written permission. Seller agrees to notify Buyer in writing of any potential delay in schedule. Material delivered under this Order in excess of the amount ordered herein shall be returned to Seller or retained by buyer at no cost to Buyer. Time is of the essence in performance of this Order by Seller.
Buyer may terminate the order in whole or in part for Seller’s default without liability to Buyer: (i) if deliveries are not made at the time or in the quantities specified; (ii) in the event of a breach of applicable specification requirements or any of the other terms or conditions hereof; or (iii) in the event of the institution of any proceedings by or against Seller in bankruptcy or insolvency under any provisions of the Bankruptcy Act or for the appointment of a receiver or trustee or any assignment for the benefit of creditor.
Seller warrants to Buyer and Customers that the Goods shall: (i) conform in all respects to all of the requirements of this Order; (ii) be free from all defects in materials and workmanship; (iii) to the extent not manufactured pursuant to detailed designs furnished by Buyer, be free from all defects in design and fit for the intended purposes; (iv) not be adulterated or misbranded; (v) be free of any liens, claims and encumbrances; and (vi) comply with all applicable laws, rules and regulations including, without limitation, the Occupational Safety and Health Act and the Toxic Substance Control Act. Seller will further warrant and ensure that any services to be provided under this Order shall be performed in a fully workmanlike manner to Buyer’s satisfaction and in accordance with all industry standards. Seller represents and warrants that all hazardous or potentially hazardous Goods will be contained, packaged,
labeled and shipped in accordance with all applicable laws, rules and regulations and that Seller will furnish Buyer with all information as is reasonably necessary, including, but not limited to, all completed Material Safety Data Sheets (U.S. Department of Labor Form LSB-OOS-41) or Seller’s equivalent form, to assist Buyer in using, handling, storing and distributing such Goods in compliance with the aforesaid laws, rules and regulations. If any Goods fail to satisfy any of the foregoing warranties, Seller will promptly, at Buyer’s election, (i) repair such Goods to correct the defect; (ii) replace the defective Goods at no additional cost to Buyer; or (iii) accept return of the Goods and issue a refund equal to the purchase price of the defective Goods.
THIRD PARTY WARRANTIES
If any Goods, in whole or in part, furnished hereunder contain one or more manufacturer’s warranties, Seller hereby assigns such warranties to Buyer and Buyer’s customers. Buyer may pass through any and all of the agreements, covenants, representations and warranties made by Seller in this Order to Buyer’s customers as well as any claims arising out of or related to the inaccuracy or breach of any such agreements, covenants, representations and warranties. Buyer’s customers are intended third party beneficiaries of the agreements, covenants, representations, and warranties made by Seller in this Order.
QUALITY MANAGEMENT SYSTEM
For Manufacturers, a quality management system in compliance with AS9100, ISO9001 or equivalent is required. For Distributors, a quality system in compliance with AS9120 or equivalent is required.
CERTIFICATE OF CONFORMANCE
Supplier shall submit with each shipment a certificate of conformance stating products shipped are in compliance with PO requirements and all applicable drawings & specifications. The certificate shall include P.O. number, part number with revision level, quantity, lot/batch number, serial number (where applicable), cure date/lube date (where applicable), and be signed by an Authorized Company Representative including title. All certification must be clearly legible. Poor copies may result in rejection of order at seller’s expense. Unless agreed in writing by Buyer, when the supplier is not the Manufacturer, the Manufacturer’s Certificate of Compliance is required, together with certification from any intervening distributor. Material Safety Data Sheets: with any delivery of hazardous material, supplier shall provide the current edition of the Material Safety Data Sheet (“MSDS”) published by the manufacturer.
INVOICING AND PAYMENT
A separate invoice shall be issued to the Buyer for each shipment made by Seller. Unless otherwise specified in this Order, an invoice shall not be issued prior to shipment of items and payment will not be made prior to receipt of items and correct invoice. Credit and discount periods will be computed from the date of receipt of the correct invoice to the date Buyer’s check is mailed. Rejections, delivery delays, and Seller’s errors and omissions shall be cause for withholding payment, and Buyer shall not thereby lose any cash discount privilege. Buyer’s order numbers and symbols must be plainly marked on all invoices, packages, bills of lading and shipping orders. Buyer’s count or weight shall be final and conclusive on shipments not accompanied by a packing list.
LIMITATIONS OF LIABILITY
Notwithstanding any other provision of this Order, Buyer’s maximum liability to the Seller shall not exceed the purchase price of this Order. Seller shall not be entitled to any lost profits or incidental, special, punitive, indirect, or consequential damages if Buyer breaches or otherwise fails to perform any obligations under this order, whether from breach of contract, breach of warranty, or from negligence, strict liability or any other form of action. Nothing in this order shall limit or exclude liability of a party for (a) Fraud; (b) for death or personal injury caused by negligence; or (c) for Seller’s indemnity obligations as set out in this clause. Seller shall defend, indemnify, and hold harmless Buyer and its affiliates, and its and their respective officers, directors, employees, customers and agents and successors and assigns of each of the foregoing from and against any and all losses, damages, deficiencies, awards, assessments, judgments, fines, penalties, costs, injuries, settlements, liabilities and expenses (including consequential damages and reasonable legal, accounting, expert, consulting and investigative fees, costs and expenses)
incurred in connection with any claim, cause of action, demand, suit, or proceeding: (a) alleging that any Goods infringe or misappropriate any patent, copyright, trademark, trade secret, or other intellectual property right belonging to such third party; (b) arising from or related to a breach of warranty; (c) arising from or related to property damage, personal injury or death caused by Seller’s acts or omissions or breach of this Order, or (d) arising from Seller’s failure to comply with applicable laws or regulations.
This Order sets forth the entire agreement, and supersedes any and all other agreements, understandings and communications between Buyer and Seller and related to the subject matter of this Order. No amendment or modification of this Order shall be binding upon Buyer unless set forth in a written instrument signed by Buyer’s Material Representative. The rights and remedies afforded to Buyer or Customers pursuant to any provision of this Order are in addition to any other rights and remedies afforded by any other provision of this Order, by law or otherwise.
Neither Party shall be liable to the other as a result of any delay or failure to perform its obligations under this Order if and to the extent such delay or failure is caused by an act of God, fire, flood, war, acts of terrorism, riot, civil commotion, governmental actions (including regulatory change), and any similar events beyond the reasonable control of the non-performing Party (“Force Majeure Event”) and the Party affected by the Force Majeure Event could not have prevented the delay or failure by using reasonable precautions and as soon as reasonably practicable after becoming aware gives notice of the Force Majeure Event. Any party who is delayed in or prevented from performing because of the occurrence of a Force Majeure Event shall promptly notify the other party of the occurrence of such Force Majeure Event and the length of the anticipated delay. In addition, Seller shall notify Buyer of any event, condition or circumstance that could potentially result in the occurrence of a Force Majeure Event. During the term
of any Force Majeure Event affecting Seller’s ability to supply the Goods in accordance with the Order, Buyer may purchase Goods ordered under this Order from other source(s) and, at Buyer’s option, the quantities of the Goods so purchased shall be deducted from the quantities of Goods covered by the
Order or delivered to Buyer after the Force Majeure Event is completed.
APPLICABLE LAW AND DISPUTES
Any dispute arising under or related to this order shall be governed by the law of the state appearing in Buyer’s address on the face hereof. However, if this Order is placed under a government prime or higher tier contract, the Federal Law of Government Contract as enumerated and applied by the Federal courts and the Agency Boards of Contract Appeals shall apply pending the resolution of any disputes. Seller shall proceed as directed by Buyer.
COMPLIANCE WITH FEDERAL STATE AND LOCAL LAWS
Seller has complied with and shall comply with all applicable Federal, State, and Local laws and ordinances and all order, rules and regulations hereunder. Seller shall save and hold Buyer harmless from and reimburse it for, any and all costs, damages and expenses (including attorney’s fees) suffered or occasioned to it through any failure of Seller to comply with any laws, orders, rules, regulations or ordinances.
Inventory availability is subject to change at any time prior to acceptance of the order by Aero-Glen International. If for any reason material is not available for shipment, customer will be notified.
Buyer must contact its inside salesperson on all returns. Buyer may not return products that are used, altered, not in original packaging, have static seals broken, or are not in an as-shipped condition.
RIGHT OF ENTRY
Unless otherwise stated on the purchase order the supplier shall allow right of entry by Aero-Glen, Aero-Glen’s customer, and regulatory authorities to all facilities involved in the order and to all applicable records.
RECORDS RETENTION AND TRACEABILITY
All goods provided must have full traceability to manufacturer kept and producible to Aero-Glen within 2 business days upon request. A unique lot/control number assigned by the manufacturer to the production lot provided that is traceable to all raw materials, processing and testing results is mandatory. Co-mingled lots will be rejected. Product inspection records, test reports and other documentation indicating conformance to Buyer’s purchase order must be kept for 10 years in a location where records are attainable and safe from deterioration.
COUNTERFEIT PARTS PROTECTION PLAN (CPPP)
(a) By Seller’s acceptance of this Order, Seller acknowledges its obligations represents and warrants that the Goods to be delivered hereunder shall: (i) be and only contain materials obtained directly from the Original Component Manufacturer (OCM) or the Original Equipment Manufacturer (OEM), (collectively, the Original Manufacturer (OM)) or an authorized OM reseller or distributor; (ii) not be or contain Counterfeit Goods or Suspect Counterfeit Goods, as defined below; and (iii) contain only authentic, unaltered OM labels and other markings. Further, Seller shall notify Buyer in writing immediately in the event that any material to be delivered cannot be procured in accordance with this requirement and Seller must obtain Buyer’s prior written authorization if an alternate source is required and for any deviation from the counterfeit risk mitigation requirements applicable to this Order. Seller shall obtain and retain all documentation required to fully trace the distribution and sale of the Goods delivered hereunder back to the relevant OM, and, on request of Buyer, shall provide such authenticating documentation.
(b) A Counterfeit Good means an unlawful or unauthorized reproduction, substitution, alteration, or the false identification of grade, serial number, lot number, date code, or performance characteristic, that has been knowingly mismarked, misidentified, or otherwise misrepresented to be an authentic, unmodified product from the OM, an Authorized Distributor, or an Authorized Aftermarket Manufacturer. A Suspect Counterfeit Good means a product for which credible evidence (including, but not limited to, visual inspection or testing) provides reasonable doubt that the product is authentic.
(c) In the event that Goods delivered under this Order are, or include, Counterfeit Goods, Seller shall, at its expense, promptly replace such Counterfeit Goods with genuine Goods conforming to the requirements of this Order. Notwithstanding any other provision in this Order, Seller shall be liable for all costs relating to the removal and replacement of Counterfeit Goods including, without limitation, Buyer’s costs of removing Counterfeit Goods, installing replacement Goods and any testing necessitated by the reinstallation of Goods after Counterfeit Goods have been replaced. The remedies contained in this paragraph are in addition to any remedies Buyer may have at law, equity or under other provisions of this Order.
(d) Seller shall include the substance of this clause in any agreement between Seller and Seller’s lower tier subcontractors, including in any agreement between Seller and Seller’s Broker, and Seller shall cause Seller’s lower tier subcontractors and Seller’s Broker to include the substance of this clause in all agreements with any of their lower tier subcontractors.
(e) Seller must maintain a Counterfeit Parts Protection Plan containing all elements of AS5553 paragraphs 4.11 through paragraph 4.17 and all elements of AS6174 paragraphs 3.1 through 3.1.7. All CPPP prevention requirements must be flowed down to their sub-tier suppliers throughout the supply chain.
FOREIGN OBJECT DEBRIS (FOD) PREVENTION PLAN
Seller must maintain a FOD plan to prevent Foreign Object and Debris in parts sent to Aero-Glen International, in accordance with NAS412 standard. All FOD prevention requirements must be flowed down to their sub-tier suppliers throughout the supply chain.
Seller must provide adequate security on all covered contractor information systems in accordance with NIST SP 800-171 or equivalent industry standard, i.e. Cybersecurity Maturity Model Certification (CMMC) to protect controlled technical information, covered defense information and all other forms of Controlled Unclassified Information (CUI) that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies. See DFARS 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING.
ENVIRONMENT, HEALTH AND SAFETY
Seller represents and warrants that all hazardous or potentially hazardous goods will be contained,
packaged, labeled and shipped in accordance with all applicable laws, rules and regulations and that Seller will furnish Buyer with all information as is reasonably necessary, including, but not limited to, a fully compliant Safety Data Sheet (“SDS”) for every country or region specified by Buyer. For avoidance of doubt, the foregoing sentence means that if the Buyer specifies the United States and the United Kingdom, then Seller must furnish two SDSs – one that fully complies with the Hazard Communication Standard at 29 C.F.R. 1910.1200, as amended by the U.S. Occupational Safety and Health Administration in 2012 (“HCS 2012”) and one that fully complies with Regulation (EC) 1272/2008 on classification, labelling and packaging of substances and mixtures (CLP) implemented the GHS via amendments to Annex II of REACH (and any amendments thereof implemented by the United Kingdom. In addition to the SDS (or SDSs), Seller shall provide other information reasonably necessary to assist Buyer in processing, using,
handling, storing, distributing, or disposing of such goods in compliance with all applicable laws, rules and regulations. Consistent with the foregoing obligation, Seller commits to providing Buyer, in a timely fashion, with information pertaining to all potential environmental, health and safety (EHS) aspects related to the Goods or services subject of the Order. Seller will comply with all applicable laws and regulations concerning EHS aspects of its activities in providing goods or services to Buyer, including regulations
promulgated both inside and outside its own country. Such regulations may include, but are not limited to:
(a) Hazard Communication. As a distributor, Buyer is dependent upon its suppliers to provide Buyer with a SDS that complies with HCS 2012 and to ship Buyer goods bearing an HCS 2012- compliant label.
(b) European Commission (EC) Regulation 1907/2006 on the Registration, Evaluation, Authorization and Restriction of Chemicals (“REACH”). REACH imposes various requirements, including when a substance
on the Candidate List of Substances of Very High Concern (“CLS”) is present in an “article.” As a supplier to Buyer, you are obligated to ensure, if any of the Goods or components of such Goods you supply to us qualify as an “article” under REACH, either that such article contains less than 0.1% by weight of any
CLS, or that you communicate to us the identity of each CLS present at 0.1% or greater. The CLS has been published by the European Chemicals Agency (ECHA) at: http://www.echa.europa.eu/chem_data/candidate_list_table_en.asp. In making the 0.1% determination, Buyer expects you to adhere to ECHA’s “Guidance on requirements for substances in articles” issued June 2017 (version 4.0), available at: https://echa.europa.eu/documents/10162/23036412/articles_en.pdf unless
and until ECHA modifies this Guidance.
(c) Toxic Substances Control Act of 1976, as amended by the “Frank R. Lautenberg Chemical Safety for the 21st Century Act” (“TSCA”). When supplying Goods which are or contain chemical substances, Seller
guarantees that, at the time of the sale and Buyer’s receipt, all such chemical substances are either (i) listed correctly on the Chemical Substance Inventory maintained by the U.S. Environmental Protection Agency, and therefore, are not considered “new” substances subject to the TSCA Section 5 premanufacture notification obligation or (ii) covered by an exemption from Chemical Substance Inventory and TSCA Section 5 premanufacture notification obligation of which Seller shall notify Buyer and provide supporting documentation. In addition, Seller shall inform Buyer in advance of any TSCA obligations known to it governing the processing, use, handling, distribution or disposal of any Goods it supplies to Buyer which are or contain chemical substances, including, but not limited to, any proposed or final “Significant New Use Rule.”
(d) Conflict Minerals. In accordance with provisions of Dodd Frank, the U.S. Securities and Exchange Commission (SEC) adopted a disclosure rule requiring certain disclosures by public companies if any Goods they manufacture or contract to manufacture contain “Conflict Minerals” (as defined in Dodd-Frank) that are necessary to the functionality or production of those Goods. Although this rule has been caught up in litigation, the SEC’s 2014 guidance continues to apply and require disclosure. See https://www.sec.gov/News/PublicStmt/Detail/PublicStmt/137054168 1994. It is the responsibility of Seller to remain informed of developments compliant with its Conflict Minerals disclosure obligations. Irrespective of disclosure obligations, Seller shall supply Buyer with “Conflict Free” material, meaning either: (i) any gold, columbite-tantalite (also known as coltan), cassiterite, wolframite, or their derivatives tin, tantalum or tungsten (collectively “3T&G”) necessary to the functionality or production of supplied
materials must not directly or indirectly fund armed groups in the Democratic Republic of Congo or adjoining countries, or (ii) any 3T&G in supplied materials must be from recycled or scrap sources.
(e) Electronic and Electrical Equipment. Seller agrees to comply at all times with the requirements of the Waste Electrical and Electronic Equipment Directive 2002/96/EC and Restriction of Hazardous Substances Directive 2002/95/EC adopted by the European Union as well as any national laws implementing these directives and shall take back supplied electric and electronic Goods at the end of their life time according to these rules.
CONDITIONS APPLICABLE TO ORDERS PLACED UNDER UNITED STATES GOVERNMENT CONTRACTS
If this order is placed under a United States government contract, or a subcontract under any United States Government contract, the following conditions are applicable:
- The following clauses of the Federal Acquisition Regulation (FAR) and the Department of Defense FAR Supplement (DFARSUP) or National Aeronautics and Space Administration Supplement (NFARSUP), as applicable, are hereby incorporated by reference. However, whenever any clause includes a requirement for the settlement of disputes between the parties in accordance with the “Disputes” clause, the dispute shall be disposed of in accordance with Article 3., entitled “Applicable Law and Disputes”. Clauses referenced below shall be those in effect on the effective date of this Order. If there is a conflict or addition to a clause in effect on the effective date of this Order and a clause of the Prime Contract, the Prime Contract clause shall govern. Wherever necessary to make the context of the clauses set forth below applicable to this Order, the term “Contractor “ shall mean seller, the term “Contract” shall mean this Order, and the terms “Government”, “Contracting Officer” and equivalent phrases shall mean Buyer, except the terms “Government”, and “Contracting Officer” do not change: (1) In the phrases “Government Property”, “Government-Owned Property”, “Government Equipment”; (2) When a right , act, authorization or obligation can be granted or performed only by the Government or the prime contact Contracting Officer or his duly authorized representative; (3) When title to property is to be transferred directly to the Government; (4) Where specifically modified as set forth below; and (5) in FAR’s 52-210-7, 52-214-2,52-215-2, 52.227-2, 52.246-23. The clauses incorporated herein by reference have the same force and effect as if they were incorporated and attached in full text.
- 1. 52.203-3 Gratuities
- 2. 52.203-6 Restrictions on Subcontractor Sales
- 3. 52.203-7 Anti-Kickback Procedures
- 4. 52.203‐11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Applicable to solicitations and contracts exceeding $150,000)
- 5. 52.203-12 Limitation on Payment to Influence Certain Federal Transactions
- 6. 52.203-13 Contractor Code of Business Ethics and Conduct
- 7. 52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009
- 8. 52.204-2 Security Requirements
- 9. 52.204-21 Basic Safeguarding of Covered Contractor Information Systems
- 10. 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment
- 11. 52.204-26 Covered Telecommunications Equipment or Services-Representation
- 12. 52.209‐5 Certification Regarding Debarment, Suspension, Proposed Debarment, and Other Responsibility Matters
- 13. 52.209-6 Protecting The Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment
- 14. 52.211-5 Material Requirements
- 15. 52.211-15 Defense Priority and Allocation Requirements
- 16. 52.215-2 Audit & Records – Negotiation
- 17. 52.215-10 Price Reduction for Defective Cost or Pricing Data
- 18. 52.215-11 Price Reduction for Defective Cost or Pricing Data – Modifications
- 19. 52.215-12 Subcontractor Cost or Pricing Data
- 20. 52.215-13 Subcontractor Cost or Pricing Data Modifications
- 21. 52.215-14 Integrity of Unit Prices & Alternate I
- 22. 52.215-15 Pension Adjustments and Asset Reversions
- 23. 52.215-18 Reversion or Adjustment of Plans for Post Retirement Benefits Other than Pensions (PRB)
- 24. 52.215-19 Notification of Ownership Changes
- 25. 52.215‐20 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR PRICING DATA (OCT 2010) (Note 2 applies.)
- 26. 52.215‐21 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR PRICING DATA ‐ MODIFICATIONS (OCT 2010) (Note 2 applies.)
- 27. 52.219-8 Utilization of Small Business Concerns
- 28. 52.222-4 Contract Work Hours and Standards Act -Overtime Compensation
- 29. 52.222-20 Walsh-Healey Public Contract Act
- 30. 52.222-21 Prohibition of Segregated Facilities
- 31. 52.222‐22 Previous Contracts and Compliance Reports
- 32. 52.222‐25 Affirmative Action Compliance
- 33. 52.222-26 Equal Opportunity
- 34. 52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era and Other Eligible Veterans
- 35. 52.222-36 Affirmative Action for Workers with Disabilities
- 36. 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era and Other Eligible Veterans
- 37. 52.222‐40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010) (Applies if this Contract exceeds $10,000.)
- 38. 52.223‐11 OZONE‐DEPLETING SUBSTANCES (MAY 2001) (Applies if the Work was manufactured with or contains ozone depleting substances.)
- 39. 52.223-14 Toxic Chemical Release Reporting
- 40. 52.225‐1 BUY AMERICAN ACT ‐‐ SUPPLIES (Applies if the Work contains other than domestic components. Note 2 applies to the first time “Contracting Officer” is mentioned in paragraph (c).)
- 41. 52.225‐5 TRADE AGREEMENTS (AUG 2009) (Applies if the Work contains other than U.S. made or designated country end products as specified in the clause.)
- 42. 52.225-8 Duty Free Entry
- 43. 52.225-13 Restrictions on Certain Foreign Purchases
- 44. 52.227-1 Authorization and Consent
- 45. 52.227-9 Refund of Royalties
- 46. 52.227-11 Patent Rights – Retention by the Contractor (Short Form)
- 47. 52.227-12 Patent Rights -Retention by the Contractor (Long Form)
- 48. 52.232-40 Providing Accelerated Payments to Small Business Subcontractors
- 49. 52.236-13 Accident Prevention
- 50. 52.242-15 Bankruptcy
- 51. 52.242-15 Stop Work Order
- 52. 52.244‐6 SUBCONTRACTS FOR COMMERCIAL ITEMS (DEC 2009)
- 53. 52.245-17 Special Tooling
- 54. 52.245-18 Special Test Equipment
- 252.203-7001 Prohibition on persons Convicted of Fraud or Other Defense Contract Relate Felonies
- 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
- 252.204-7016 Covered Defense Telecommunications Equipment or Services—Representation
- 252.225-7009 Restriction on Acquisition of Certain Articles Containing Specialty Metals
- 252.225-7001 Buy American Act and Balance of Payments Program
- 252.225-7014 Preference for Domestic Specialty Metals & Alternate 1
- 252.225-7016 Restriction on Acquisition of and Roller Bearings
- 252.225-7025 Restriction on Acquisition of Forgings
- 252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns
- 252.227-7013 Rights in Technical Data -Noncommercial Items
- 252.236-7013 Requirement for Competition Opportunity for American Steel Producers, Fabricators, and Manufacturers
- 252.239-7009 Representation of Use of Cloud Computing
- 252.239-7010 Cloud Computing Services
- 252.244-7001 Contractor Purchasing System Administration
- 252.246-7007 Contractor Counterfeit Electronic Part Detection and Avoidance System
- 252.247-7023 Transportation of Supplies by Sea
- 252.247-7024 Notification of Transportation of Supplies by Sea