TERMS AND CONDITIONS
GOVERNMENT NON-COMMERCIAL GOODS TERMS AND CONDITIONS - MINIMUM TERMS FOR FFP ORDERS
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DZYNE TECHNOLOGIES INCORPORATED TERMS AND CONDITIONS
1. Applicability - The purchase order to which these terms and conditions relate is an offer by DZYNE Technologies Incorporated, a Delaware corporation (“Buyer”) for the purchase of the goods specified on the face of such purchase order (the “Goods”) from the seller on the face of the purchase order (“Seller”) in accordance with and subject to these terms and conditions (the “Terms”; together with the terms and conditions on the face of such purchase order, the “Order”). The Order, together with any documents incorporated herein by reference, constitutes the sole and entire agreement of the parties with respect to the Order, and supersedes all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral, with respect to the subject matter of the Order. The Order expressly limits Seller’s acceptance to the terms of the Order. These Terms prevail over any terms or conditions contained in any other documentation and expressly exclude any of Buyer’s general terms and conditions of sale or any other document issued by Seller in connection with the Order.
2. Acceptance - Buyer and Seller shall be bound by the Order only when Seller: (i) executes and returns the acknowledgment; (ii) commences work pursuant to the Order; (iii) delivers to Buyer any one of the items ordered; or (iv) renders for Buyer any of the services ordered. Buyer may withdraw the Order at any time before it is accepted by Seller. A seller’s confirmation of acceptance, which may or may not include the Seller’s own terms and conditions, will not supersede the terms and conditions of this Order.
3. Delivery Date - Seller shall deliver the Goods in the quantities and on the date(s) specified in the Order or as otherwise agreed in writing by the parties (the “Delivery Date”). Timely delivery of the Goods is of the essence. If Seller fails to deliver the Goods in full on the Delivery Date, Buyer may terminate the Order immediately by providing written notice to Seller and Seller shall indemnify Buyer against any losses, claims, damages, and reasonable costs and expenses directly attributable to Seller’s failure to deliver the Goods on the Delivery Date.
4. Quantity - If Seller delivers more or less than the quantity of Goods ordered, Buyer may reject all or any excess Goods. Any such rejected Goods shall be returned to Seller at Seller’s risk and expense. If Buyer does not reject the Goods and instead accepts delivery of Goods at the increased or reduced quantity, the Price for the Goods shall be adjusted on a pro-rata basis.
5. Delivery Location - All Goods shall be delivered to the address specified in the Order (the “Delivery Location”) during Buyer’s normal business hours or as otherwise instructed by Buyer.
6. Shipping Terms - Delivery shall be made FOB Delivery Location, in accordance with the terms on the Order. Seller shall give written notice of shipment to Buyer when the Goods are delivered to a carrier for transportation. Seller shall provide Buyer all shipping documents, including the commercial invoice, packing list, bill of lading and any other documents necessary to release the Goods to Buyer within two business days after Seller delivers the Goods to the transportation carrier. The Order number must appear on all shipping documents, shipping labels, bills of lading, invoices, correspondence and any other documents pertaining to the Order.
7. Title and Risk of Loss - Title passes to Buyer upon delivery of the Goods to the Delivery Location. Seller bears all risk of loss or damage to the Goods until delivery of the Goods to the Delivery Location.
8. Packaging - All shipments must be packaged to permit efficient handling and provide protection in shipment in accordance with carrier regulations. Buyer's Order, government contract numbers and Seller's packing list number must be shown on all invoices and packing lists. The Order number and Seller's packing list numbers must appear on all bills of lading. Buyer's count or weight will be conclusive on shipments not accompanied by the packing list. Seller shall issue an individual invoice for each shipment. Seller must provide Buyer prior written notice if it requires Buyer to return any packaging material. Any return of such packaging material shall be made at Seller’s expense.
9. Amendment and Modification - No change to the Order is binding upon Buyer unless it is in writing, specifically states that it amends the Order and is signed by an authorized representative of Buyer. Buyer may at any time by written notice make changes within the general scope of the Order in (i) shipping, and packaging instructions, and (ii) the place of delivery and Seller shall promptly proceed with the Order as changed. If any such change increases or decreases the cost of, or the time required for, the performance of the Order, an equitable adjustment in the price or delivery schedule, or both, will be made. Claim for such an adjustment must be made in writing within 30 days from the date the change is ordered, together with a cost breakdown or other facts to support such claim. Where the cost of property made obsolete or excess as a result of a change order is included in Seller's claim for adjustment, Buyer shall have the right to prescribe the manner of disposition of such property.
10. Standards of Work - Seller agrees that the performance of work and services pursuant to the requirements of the Order shall conform to high professional standards.
11. Inspection and Rejection of Nonconforming Goods -
a. All items shall be subject to inspection and test at all practicable times and places, including the period of manufacture, by Buyer and, if there is a Federal Prime Contract number on the face of the Order, the Government, but such inspections and tests shall be so performed as not to unduly delay the work. If such inspections or tests are made on Seller's premises, Seller shall provide without charge reasonable facilities and assistance for the inspectors. All items are also subject to final inspection and acceptance at Buyer's plant within a reasonable time after delivery notwithstanding any prior payments or other inspections.
b. Buyer, at its sole option, may inspect all or a sample of the Goods, and may reject all or any portion of the Goods if it determines the Goods are nonconforming or defective. If Buyer rejects any portion of the Goods, Buyer has the right, effective upon written notice to Seller, to: (i) rescind the Order in its entirety; (ii) accept the Goods at a reasonably reduced price; or (iii) reject the Goods and require replacement of the rejected Goods. If Buyer requires replacement of the Goods, Seller shall, at its expense, promptly replace the nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective goods and the delivery of replacement Goods. If Seller fails to timely deliver replacement Goods, Buyer may replace them with goods from a third party and charge Seller the cost thereof and terminate the Order for cause. Any inspection or other action by Buyer under this Section shall not reduce or otherwise affect Seller’s obligations under the Order, and Buyer shall have the right to conduct further inspections after Seller has carried out its remedial actions.
12. Price - price of the Goods is the price stated in the Order (the “Price”). If no price is included in the Order, the Price shall be the price set out in Seller’s published price list in force as of the date of the Order. Unless otherwise specified in the Order, the Price includes all packaging, transportation costs to the Delivery Location, insurance, customs duties and fees and applicable taxes, including, but not limited to, all sales, use or excise taxes. No increase in the Price is effective, whether due to increased material, labor or transportation costs or otherwise, without the prior written consent of Buyer.
13. Payment Terms - Seller shall issue an invoice to Buyer on or any time after the completion of delivery and only in accordance with the Terms. Buyer shall pay all properly invoiced amounts due to Seller within 30 days after Buyer’s receipt of such invoice, except for any amounts disputed by Buyer in good faith. All payments hereunder must be in US dollars.
14. Set-off - Without prejudice to any other right or remedy it may have, Buyer reserves the right to set off at any time any amount owing to it by Seller against any amount payable by Buyer to Seller under the Order.
15. Warranties - Seller warrants to Buyer that for a period of 90 days from the Delivery Date, all Goods will: (a) be free from any defects in workmanship, material and design; (b) conform to applicable specifications, drawings, designs, samples and other requirements specified by Buyer; (c) be fit for their intended purpose and operate as intended; (d) be merchantable; (e) be free and clear of all liens, security interests or other encumbrances; and (f) not infringe or misappropriate any third party’s patent or other intellectual property rights. These warranties survive any delivery, inspection, acceptance or payment of or for the Goods by Buyer. These warranties are cumulative and in addition to any other warranty provided by law or equity. Any applicable statute of limitations runs from the date of Buyer’s discovery of the noncompliance of the Goods with the foregoing warranties. If Buyer gives Seller notice of noncompliance with this Section, Seller shall, at its own cost and expense, promptly replace or repair the defective or nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective or nonconforming goods to Seller and the delivery of repaired or replacement Goods to Buyer. All warranties of Seller, whether created expressly by law or in fact, are incorporated herein by reference and shall include, and are supplemented by, the foregoing express warranties.
16. General Indemnification - Seller shall defend, indemnify and hold harmless Buyer its subsidiaries, affiliates, successors or assigns and their respective directors, officers, shareholders and employees and Buyer’s customers (collectively, “Indemnitees”) against any and all loss, injury, death, damage, liability, claim, deficiency, action, judgment, interest, award, penalty, fine, cost or expense, including reasonable attorney and professional fees and costs, and the cost of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers (collectively, “Losses”) arising out of or occurring in connection with the products purchased from Seller or Seller’s negligence, willful misconduct or breach of the Terms. Seller shall not enter into any settlement without Buyer’s or Indemnitee’s prior written consent.
17. Patent Indemnity - Except where items are made entirely to Buyer's design, Seller shall, at its expense, hold harmless and defend Buyer, its customers and all parties claiming under buyer against any loss, damage or liability which may be incurred on account of any claim or judgment involving infringement of any U.S. patent, copyright or trademark in the manufacture, use or disposition of any item supplied hereunder. Buyer shall notify Seller promptly of any suit instituted against Buyer and, to the full extent of its ability to do so, permit Seller to defend or settle same. In no event shall Seller enter into any settlement without Buyer’s or Indemnitee’s prior written consent. Nothing in these Terms and Conditions shall be construed or interpreted to limit or in any way restrict the rights of the U.S. Government in regards to data it owns or has a right to use. Seller agrees to flow down the applicable FAR and DFARS clauses to its lower-tier subcontractors as applicable.
18. Tooling and Test Equipment - If the Price is stated to include jigs, dies, fixtures, patterns, or special test equipment and manufacturing aids used in manufacture of the items and drawings thereof (all hereinafter called tooling), such tooling becomes the property of Buyer or its customer immediately upon payment thereof. Tooling shall be used only for the benefit of Buyer or any of its customers, which have acquired the right to use such tooling. Tooling shall be kept in good condition, including necessary replacement, without expense to Buyer. Buyer shall pay for changes of design. Seller shall maintain proper property control records for such tooling and shall promptly furnish Buyer a list thereof on request. Unless otherwise directed by Buyer, upon completion or termination of the Order, Seller shall hold all tooling free of charge for six months subsequent to furnishing an inventory to Buyer with a request for disposition; any such tooling Buyer orders returned shall be delivered FOB Seller's facility, properly crated for domestic shipment. No crating charge is to be included in Seller's quotations unless expressly requested by Buyer.
19. Termination -
a. By written notice to Seller of default, Buyer may terminate the Order in whole or in part if Seller becomes the subject of a proceeding under state or federal law for relief of creditors or makes an assignment for benefit of creditors, or if Seller fails to comply with any of its obligations under the Order. In such event, Buyer may purchase similar items elsewhere, and Seller shall be liable for any reasonable excess costs occasioned Buyer thereby. A waiver of a breach of any provision of the Order shall not constitute a waiver of any other breach. If, after notice of default issued hereunder, it is determined that Seller's failure to perform the Order was due to unforeseeable causes beyond the control and without the fault of Seller, the rights and obligations of the parties shall be governed by paragraph (b) of this Section. The rights and remedies of Buyer under this Section are not exclusive and are in addition to any other rights and remedies afforded Buyer by law or under the Order.
b. Buyer may terminate performance or work under the Order in whole or in part by written notice of termination, whereupon Seller will stop work on the date and to the extent specified in the notice and terminate all orders and subcontracts to the extent they relate to the terminated work. Within 60 days after receipt of such notice of termination, Seller will submit all its claims resulting from such termination. Buyer will have the right to check such claims at any reasonable time or times by inspecting and auditing the records, facilities, and work on materials of Seller relating to the Order. Payment made under this Section constitutes the Buyer's only liability in the event the Order is terminated hereunder. Seller will Deliver all Work Product and Materials generated up to the date of termination. All title in Work Product and Materials will pass to the Buyer.
20. Reproduction Rights - Seller grants Buyer the right to reproduce, use and disclose the reports, drawings, software and other data to be delivered by Seller to Buyer under the Order, but Buyer may not use same to produce items for sale in competition with Seller.
21. Insurance - During the term of the Order and for a period of one year thereafter, Seller shall, at its own expense, maintain and carry insurance in full force and effect which includes, but is not limited to, commercial general liability (including product liability) in a sum no less than $1,000,000 with financially sound and reputable insurers. Upon Buyer’s request, Seller shall provide Buyer with a certificate of insurance from Seller’s insurer evidencing the insurance coverage specified in the Order. The certificate of insurance shall name Buyer as an additional insured. Seller shall provide Buyer with 30 days’ advance written notice in the event of a cancellation or material change in Seller’s insurance policy. Except where prohibited by law, Seller shall require its insurer to waive all rights of subrogation against Buyer’s insurers and Buyer or the Indemnitees.
22. Waiver - No waiver by any party of any of the provisions of the Order shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in the Order, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from the Order shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
23. Confidential Information - All non-public, confidential or proprietary information of Buyer, including, but not limited to, specifications, samples, patterns, designs, plans, drawings, documents, data, business operations, customer lists, pricing, discounts or rebates, disclosed by Buyer to Seller, whether disclosed orally or disclosed or accessed in written, electronic or other form or media, and whether or not marked, designated or otherwise identified as “confidential,” in connection with the Order is confidential, solely for the use of performing the Order and may not be disclosed or copied unless authorized by Buyer in writing. Upon Buyer’s request, Seller shall promptly return all documents and other materials received from Buyer. Buyer shall be entitled to injunctive relief for any violation of this Section. This Section shall not apply to information that is: (a) in the public domain; (b) known to the Seller at the time of disclosure; or (c) rightfully obtained by the Seller on a non-confidential basis from a third party.
24. Assignment - Seller shall not assign, transfer, delegate or subcontract any of its rights or obligations under the Order without the prior written consent of Buyer. Any purported assignment or delegation in violation of this Section shall be null and void. No assignment or delegation shall relieve the Seller of any of its obligations hereunder.
25. Severability - If any term or provision of the Order is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
26. Survival - Provisions of the Order which by their nature should apply beyond their terms will remain in force after any termination or expiration of the Order.
27. Relationship of the Parties - The relationship between the parties is that of independent contractors. Nothing contained in the Order shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever. No relationship of exclusivity shall be construed from the Order.
28. Compliance with Law - In performance of the work and shipment of Goods covered by the Order, Seller agrees to comply (and to bear all expense required for compliance) with the Fair Labor Standards Act of 1938, as amended, and regulations thereunder, all applicable provisions of the Walsh-Healy Act, the Buy American Act, the Occupational Safety and Health Act, the Equal Employment Act of 1972 and regulations thereunder, and all other applicable federal, state and local laws, rules, regulations and orders, and agrees to indemnify Buyer against any loss, cost, liability or damage whatsoever, including attorney's fees, which may result from Seller's violation of this Section. Seller agrees that Federal law applies to issues related to FAR and DFARS requirements and thus shall be adjudicated in the proper Federal court system.
29. Disputes - Any dispute arising under this order which is not settled by agreement of the parties may be settled under the American Arbitration Association Commercial Rules; proceedings will be held in Orange County, California. Pending any decision, appeal or judgment in such proceedings, or the settlement of any dispute arising under this order, Seller shall proceed diligently with the performance of the Order in accordance with the decision and instruction of Buyer. Except as may be expressly set forth in this document with the U.S. Government Contracting Officer’s express consent, the seller shall not acquire a direct claim or direct course of action against the U.S. Government.
30. Government Contracts - If the face of this Order contains a Government Contract Number, Seller shall provide the Goods and services set forth in the Order in compliance with the “required” and/or “required when applicable” provisions and clauses (collectively, the “Applicable Clauses”) contained in the agreement between Buyer and its customer, which are hereby incorporated by reference and made a part of this Order. Seller agrees that Buyer’s obligations to its customer under these Applicable Clauses flow down to the Seller, such that the Seller shall be obligated to perform this Order under these terms and conditions. The Applicable Clauses are available for Seller’s review upon Seller’s request, and Seller agrees that prior to acceptance of any Order, Seller will carefully read and review the Applicable Clauses. To the extent of any conflict or ambiguity between the Applicable Clauses and the Order, where a provision relates to criteria for quantity or quality of workmanship, materials, equipment, or standard of performance of the Goods or services, the greater quantity and higher quality shall govern. Any reference in the Applicable Clauses to a time period for compliance with reporting or notifications flowed down to Seller shall be adjusted by decreasing the response time by 7 calendar days so as to allow Buyer adequate time to comply at the higher tier. If the Seller receives written consent from the Buyer to subcontract any portion of this order, Seller shall include in each lower-tier subcontract the appropriate flow down clauses as required by FAR and DFARS.
31. Counterfeit Parts - Seller represents and warrants that only new and authentic materials are used in products to be delivered and that work delivered contains no counterfeit parts. No other material or part, other than a new and authentic part is to be used unless approved in advance in writing.
32. Use of the Work Product - Subcontractor shall not make any use of the work effort produced under the Order unless and until it has received the written permission of Contractor to do so. The withholding of such permission by Contractor is final and conclusive, and not an arbitral question of fact under Section 28 or subject to court review. The title to all such work efforts is in Contractor.
33. H-18 CERTIFICATION REGARDING SUSPENSION AND DEBARMENT
(a) In satisfaction of FAR 52.209-6 (“Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment”), Supplier/Subcontractor, by executing this PO/Subcontract, hereby certifies and warrants that neither PO/Subcontractor nor its principals presently are debarred, suspended, or proposed for debarment by the Federal Government.
(b) This Article applies if this PO/Subcontract is expected to exceed $35,000, and is other than a PO/subcontract for a commercially available off-the-shelf item. If any subsequently issued Task Order under this PO/Subcontract, or modification to this PO/Subcontract, increases the total value of this PO/Subcontract over $35,000, Supplier/Subcontractor, by executing or performing the Task Order or the modification, agrees to the certification and warranty contained in this Article.
34. CERTIFICATION REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS
(a) In accordance with FAR 52.203-11 (“Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions”) and FAR 52.203-12 (“Limitation on Payments to Influence Certain Federal Transactions”), Supplier/Subcontractor, by executing this PO/Subcontract, hereby certifies and warrants that, to the best of its knowledge and belief, no Federal appropriated funds have been paid or shall 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 its behalf in connection with the awarding of the Prime Contract.
(b) This Article applies if this PO/Subcontract is expected to exceed $150,000. If any subsequently issued Task Order under this PO/Subcontract, or modification to this Subcontract, increases the total value of this PO or Subcontract over $150,000, Supplier/Subcontractor, by executing or performing the Task Order or modification, agrees to the certification contained in this Article.
35. Order of Precedence - In the event of any ambiguity or inconsistency in the Order, unless otherwise provided herein, the inconsistency or ambiguity shall be resolved by giving precedence in the following order to the various documents making up the Order:
1. The provisions of the awarded Prime Contract (U.S. Government FAR and DFARS clauses) and/or Subcontract;
2. Applicable Clauses contained in the agreement between Buyer and its customer;
3. General Terms and Conditions contained in this Order; and
4. Any other applicable Terms and Conditions agreed to between Buyer and Seller
GENERAL PROVISIONS - GOV
FIRM FIXED-PRICE FLOWDOWN CLAUSES
NON-COMMERCIAL ITEM PROCUREMENTS
As used throughout this Subcontract, the following terms shall have the meanings set forth below:
▪ The Subcontract - This executed contractual agreement between DZYNE Technologies Incorporated and Seller listing supplies/services to be furnished and the consideration therefore.
▪ Subcontract- The terms “subcontract’, “purchase order,” “order” and “agreement” are interchangeable and include any amendments or change orders.
▪ Buyer or Contractor - The party purchasing the supplies/services (DZYNE Technologies Incorporated).
▪ Seller, Subcontractor or Vendor - The party that has entered into this subcontract with DZYNE Technologies Incorporated.
▪ Government -The United States of America or any department or agency thereof.
▪ Head of Agency or Secretary - The Secretary, Under Secretary, Assistant Secretary, or any other head or assistant head of an executive or military department or other federal agency of the Government of the United States of America. The term “his duly authorized representative” means any person or persons or board (other than the Contracting Officer) authorized to act for the Head of the Agency or the Secretary.
▪ Procuring Agency - The department of the Government having cognizance of the prime contract.
▪ Contracting Officer - The person having cognizance on behalf of the Government of the Prime Contract and any other officer or civilian employee of the Government who is properly designated as the Contracting Officer of the procuring agency. The term includes, except as otherwise provided in this subcontract, any authorized representatives of such Contracting Officer acting within the limits of his authority.
▪ Provision - Any part of this subcontract or attachment thereto including, but not limited to, any referenced or incorporated agreement, specification, documentation, data, or any clause(s) or part(s) or combination(s) thereof.
II. Buyer’s Subcontract Representative - Such associate(s) of the Buyer, as the Seller has received notice from the Buyer, as having authority to act for and in behalf of the Buyer. Gratitude and Kickbacks
Seller warrants that neither it nor any of its employees, agents, or representatives have offered or given, or will offer or give, any gratuities to Buyer’s associates, agents or representatives for the purpose of securing this contract or securing favorable treatment under this contract.
The Anti-Kickback Act of 1986, as referenced in FAR 52.203-7, is hereby incorporated into this subcontract as a condition of acceptance. If you have reasonable grounds to believe that a violation, as described in paragraph (b) of FAR 52.203-7, may have occurred, you should report this suspected violation to DZYNE Technologies Incorporated’s Ethics Hotline email firstname.lastname@example.org. You may report a suspected violation anonymously to the DCMA Hotline at (1-844-551-2067)
III. Notice to Buyer of Labor Disputes
Whenever Seller has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this contract, Seller shall immediately give notice thereof, including all relevant information, to Buyer.
IV. GOVERNMENT CLAUSES
The clauses in FAR Subpart 52.2 and DFARS 252.2 referenced below, in effect on the date of this Subcontract, are incorporated herein and made a part of this Subcontract. To the extent that an earlier version of any such clause is included in the Prime Contractor/ Subcontract under which this Subcontract is issued, the date of the clause as it appears in such Prime Contract or Subcontract shall be controlling and said version shall be incorporated herein.
In all such clauses, unless the context of the clause requires otherwise, the term “Contractor” shall mean Seller, the Term “Contract” shall mean this Subcontract, and the terms “Government”, “Contracting Officer” and equivalent phrases shall mean Buyer and Buyer’s Procurement Representative, respectively. It is intended that the referenced clauses shall apply to Seller in such manner as is necessary to reflect the position of Seller as a subcontractor to Buyer, to insure Seller’s obligations to Buyer and to the United States Government, and to enable Buyer to meet its obligations under its Prime Contract or Subcontract.
V. Federal Acquisition Regulation (FAR) clauses:
The following clauses are applicable to this Subcontract:
Clause No. | Title of Clause
52.203-6 and Alt. I Restrictions on Subcontractor Sales to the Government (Sep 2006)
52.203-7 Anti-Kickback Procedures (MAY 2014)
52.203-10 Price or Fee Adjustment for illegal or Improper Activity (MAY 2014)
52.203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT 2010)
52.203-13 Contractor Code of Business Ethics and Conduct (OCT 2015)
52.203-14 Display of Hotline Poster(s) (OCT 2015)
52.203-15 Whistleblower Protection Under the American Recovery Act
52.203-19 Prohibition on Requiring Certain Internal Confidentiality
52.204-2 Security Requirements (AUG 1996)
52.204-21 Basic Safeguarding of Covered Contractor Information Systems
52.204-23 Prohibition on Contracting for Hardware, Software and Services
52.208-8 Required Sources for Helium and Helium Usage Data (APR 2014)
52.211-5 Material Requirements (AUG 2000)
52.211-15 Defense Priority and Allocation Requirement (APR 2008)
52.215-2 Audit and Records Negotiation, Alternate I (OCT 2010)
52.215-12 Subcontractor Certified Cost or Pricing Data (OCT 2010)
52.215-13 Subcontractor Certified Cost or Pricing Data – Modifications (OCT 2010)
52.215-14 Integrity of Unit Prices (OCT 2010)
52.215-15 Pension Adjustments and Asset Reversions (OCT 2010)
52.215-16 Facilities Capital Cost of Money (JUN 2003)
52.215-17 Waiver of Facilities Capital Cost of Money (OCT 1997)
52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other than Pensions (JUL 2005)
52.215-19 Notification of Ownership Changes (OCT 1997)
52.219-8 Utilization of Small Business Concerns (OCT 2014)
52.219-9 Small Business Subcontracting Plan (OCT 2015)
52.222-4 Contract Work Hours and Safety Standards – Overtime Compensation (MAY 2014)
52.222-21 Prohibition of Segregated Facilities (APR 2015)
52.222-26 Equal Opportunity (APR 2015)
52.222-35 Equal Opportunity for Veterans (SEP 2010)
52.222-36 Equal Opportunity for Workers with Disabilities (JUL 2014)
52.222-37 Employment Reports on Veterans (FEB 2016)
52.222-40 Notification of Employee Rights Under the NLR Act
52.222-41 Service Contract Labor Standards (MAY 2014)
52.222-50 Combating Trafficking in Persons
52.222-55 Minimum Wage under Executive Order 13658
52.222-62 Paid Sick Leave Under Executive Order 13706
52.223-7 Notice of Radioactive Materials (Jan 1997)
52.224-2 Privacy Act (APR 1984)
52.225-8 Duty Free Entry (OCT 2010)
52.225-13 Restriction on Certain Foreign Purchases (JUN 2008)
52.227-1 Authorization and Consent (DEC 2007)
52.227-2 Notice and Assistance Regarding Patent and Copyright
Infringement (DEC 2007)
52.227-3 Patent Indemnity Alternate III (APR 1984)
52.227-9 Refund of Royalties (APR 1984)
52.227-10 Filing of Patent Applications – Classified Subject Matter
52.227-11 Patent Rights – Ownership by the Contractor (MAY 2014)
52.227-13 Patent Rights – Ownership by the Government (DEC 2007)
52.227-14 Rights in Data General (MAY 2014)
52.227-23 Rights to Proposal Data (Technical) (JUN 1987)
52.228-3 Workers’ Compensation Insurance (Defense Base Act) (JUL 2014)
52.228-5 Insurance – Work on a Government Installation (JAN 1997)
52.228-7 Insurance – Liability to Third Persons (MAR 1996)
52.229-10 State of New Mexico Gross Receipts and Compensating Tax (APR 2003)
52.230-2 Cost Accounting Standards (OCT 2015)
52.230-3 Disclosure and Consistency of Cost Accounting Practices
52.230-5 Cost Accounting Standards – Educational Institution (OCT 2015)
52.230-6 Administration of Cost Accounting Standards (JUN 2010)
52.232-16 Progress Payments (APR 2012)
52.234-1 Industrial Resources Developed Under Defense Production Act Title III (DEC 1994)
52.236-13 Accident Prevention (NOV 1991)
52.237-7 Indemnification and Medical Liability Insurance (JAN 1997)
52.237-9 Waiver of Limitation on Severance Payments to Foreign Nationals (MAY 2014)
52.243-1 Changes – Fixed Prices (Aug 1987)
52.245-2 Government Property Installation Operation Services (APR 2012)
52.247-3 Capability to Perform a Contract for the Relocation of a Federal Office and Alternate I (FEB 2006)
52.247-63 Preference for U.S.-Flag Air Carriers (JUN 2003)
52.247-64 Preference for Privately Owned U.S. Flag Commercial Vessel
52.248-1 Value Engineering (OCT 2010)
VI. Department of Defense Acquisition Regulation Supplement Clauses or References to Department of Defense Acquisition Regulation Supplement
All references herein to "Department of Defense Acquisition Regulation Supplement" or "DFARS" shall mean the Department of Defense Acquisition Regulation which implements and supplements the Federal Acquisition Regulation.
The following clauses are applicable to this order:
Clause No. & DFARS Ref. | Title of Clause
252.203-7001 Prohibition on Persons Convicted of Fraud or other Defense- Contract- Related Felonies (DEC 2008)
252.204-7000 Disclosure of Information (AUG 2013)
252.204-7012 Safeguarding Covered Defense Information and Cyber Report
252.208-7000 Intent to Furnish Precious Metals as Government-Furnished Material (DEC 1991)
252.211-7000 Acquisition Streamlining (OCT 2010)
252.219-7003 Small Business Subcontracting Plan (DoD Contracts) (MAR 2016)
252.222-7000 Restrictions on Employment of Personnel (MAR 2000)
252.223-7002 Safety Precautions for Ammunition and Explosives (MAY 1994)
252.223-7006 Prohibition on Storage, Treatment and Disposal of Toxic and Hazardous Materials Alt. I (SEP 2014)
252.225-7016 Restrictions on Acquisition of Ball and Roller Bearings (JUN 2011)
252.225-7019 Restriction on Acquisition of Anchor and Mooring Chain
252.225-7025 Restriction on Acquisition of Forgings (DEC 2009)
252.225-7032 Waiver of United Kingdom Levies-Evaluation of Offers (APR 2003)
252.225-7037 Evaluation of Offers for Air Circuit Breakers (JUN 2005)
252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic
Enterprises, and Native Hawaiian Small Business Concerns (SEP 2004)
252.227-7013 Rights in Technical Data – Noncommercial Items (FEB 2014)
252.227-7014 Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation (FEB 2014)
252.227-7016 Rights in Bid or Proposal Information (JAN 2011)
252.227-7018 Rights in Noncommercial Technical Data and Computer Software-Small Business Innovation Research (SBIR) Program (FEB 2014)
252.227-7019 Validation of Asserted Restrictions – Computer Software (SEP 2011)
252.227-7033 Rights in Shop Drawings (APR 1966)
252.227-7037 Validation of Restrictive Markings on Technical Data
252.228-7005 Accident Reporting and Investigation Involving Aircraft, Missiles and Space Launch Vehicles (DEC 1991)
252.229-7004 Status of Contractor as a Direct Contractor (Spain) (JUN 1997)
252.235-7002 Animal Welfare (DEC 2014)
252.235-7003 Frequency Authorization (MAR 2014)
252.239-7016 Telecommunications Security Equipment, Devices, Techniques, and Services (DEC 1991)
252.244-7000 Subcontracts for Commercial Items and Commercial Components (DoD Contracts) (JUN 2013)
252.247-7023 Transportation of Supplies by Sea (APR 2014)
252.247-7024 Notification of Transportation of Supplies by Sea (MAR 2000)
252.249-7002 Notification of Anticipated Contract Termination or Reduction (OCT 2015)
NIST 800-171 Protecting Unclassified Information in Non-Federal Information Systems and Organizations