Wednesday, 29 December 2010 14:43

General Terms and Conditions of Purchase

Supplement 2 – DEPARTMENT OF DEFENSE FAR SUPPLEMENT (DFARS) GOVERNMENT CONTRACT PROVISIONS

1. When the materials or products furnished are for use in connection with a U.S. Government Department of Defense prime contract or subcontract, in addition to the JOSI General Purchase Order Terms and Conditions and the Supplement 1 FAR provisions, the following provisions shall apply. The effective version of each Department of Defense FAR Supplement (hereinafter “DFARS”) provision shall be the same version as that which appears in Buyer’s prime contract or higher tier subcontract under which this Purchase Order is a subcontract. In the event of a conflict between these DFARS provisions, or the Supplement 1 FAR provisions, and the General Purchase Order Terms and Conditions, the DFARS provisions shall control. For the acquisition of commercial items under purchase orders placed in support of and charged to a DOD prime contract or subcontract, the only DFARS clauses that are required are those annotated with * . For the definition of a commercial item, see FAR 2.101.

2. The following clauses set forth in the DFARS in effect as of the date of JOSI’s prime contract or higher tier subcontract are incorporated herein by reference. In all clauses listed herein, the terms “Government,” “Contracting Officer” and “Contractor” shall be deemed revised to suitably identify the contracting parties herein and effect the proper intent of the provision except where further clarified or modified below. “Subcontractor,” however, shall mean “Seller’s Subcontractor” under the Purchase Order. The Seller, by signing its offer, hereby certifies compliance with the following clauses and is, therefore eligible for award.

A. Applicable to All Purchase Orders: DFARS

1	Disclosure of Information	252.204-7000
2	Intent to Furnish Precious Metals as Government-Furnished Material	252.208-7000
3	Pricing of Adjustments	252.215-7000
4	Excessive Pass-Through Charges	252.215-7004
5	Restrictions on Employment of Personnel	252.222-7000
6	Hazard Warning Labels	252.223-7001
7	Safety Precautions for Ammunition and Explosives	252.223-7002
8	Change in Place of Performance	252.223-7003
9	Prohibition on Storage and Disposal of Toxic and Hazardous Materials	252.223-7006
10	Safeguarding Sensitive Conventional Arms, Ammunition and Explosives	252.223-7007
11	Buy American Act ‑‑ Balance of Payments Certificate	252.225-7000
12	Buy America Act and Balance of Payments Program	252.225-7001
13	Qualifying Country Sources as Subcontractors	252.225-7002
14	Quarterly Reporting of Actual Contract Performance Outside the United States	252.225-7006
15	Prohibition on Acquisition of United States Munitions List Items from Communist Chinese Military Companies	252.225-7007
16	Restriction on Acquisition of Super Computers	252.225-7011
17	Preference for Certain Domestic Commodities	252.225-7012
18	Duty-Free Entry	252.225-7013
19	Preference for Domestic Specialty Metals (Alt 1)	252.225-7014*
20	Restriction on Acquisition of Hand or Measuring Tools	252.225-7015
21	Restriction of Acquisition of Ball and Roller Bearings	252.225-7016
22	Restriction on Acquisition of Foreign Anchor and Mooring Chain	252.225-7019
23	Trade Agreements Certificate	252.225-7020
24	Trade Agreements	252.227-7021
25	Restriction on Acquisition of Forgings	252.225-7025
26	Restriction on Contingent Fees for Foreign Military Sales	252.225-7027
27	Exclusionary Policies and Practices of Foreign Governments	252.225-7028
28	Restriction of Acquisition of Carbon, Alloy and Armor Steel Plate	252.225-7030
29	Secondary Arab Boycott of Israel	252.225-7031
30	Buy American Act – Free Trade Agreements- Balance of Payments Program	252.225-7036
31	Restriction on Acquisition of Air Circuit Breakers	252.225-7038
32	Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns	252.226-7001
33	Rights in Technical Data – Noncommercial items	252.227-7013
34	Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation	52.227-7014
35	Technical Data – Commercial Items	252.227-7015
36	Rights in Bid or Proposal Information (No substitutions for “Government” or“Contracting Officer” are made)	252.227-7016
37	Identification and Assertion of Use, Release or Disclosure Restrictions	252.227-7017
38	Validation of Asserted Restrictions – Computer Software	252.227-7019
39	Rights in Special Works	252.227-7020
40	Rights in Data – Existing Works	252.227-7021
41	Limitation on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends (No substitution is made for “Government”)	252.227-7025
42	Deferred Delivery of Technical Data or Computer Software	252.227-7026
43	Deferred Ordering of Technical Data or Computer Software	252.227-7027
44	Technical Data or Computer Software Previously Delivered to the Government	252.227-7028
45	Technical Data – Withholding of Payment	252.227-7030
46	Validation of Restrictive Markings on Technical Data	252.227-7037
47	Patents – Reporting of Subject Inventions	252.227-7039
48	Accident Reporting and Investigation Involving Aircraft, Missiles, and Space Launch Vehicles	252.228-7005
49	Supplemental Cost Principles	252.231-7000
50	Frequency Authorization	252.235-7003
51	Modification Proposals ‑‑ Price Breakdown	252.236-7000
52	Training for Contractor Personnel Interacting with Detainees	252.237-7019*
53	Protection Against Compromising Emanations	252.239-7000
54	Telecommunications Security Equipment, Devices, Techniques and Services	252.239-7016
55	Earned Value Management System (Applicable only when specifically stated on the Purchase Order)	252.242-7002
56	Cost Schedule Status Report (Applicable only when specifically stated on the Purchase Order)	252.242-7005
57	Pricing of Contract Modifications	252.243-7001
58	Subcontracts for Commercial Items and Commercial Components	252.244-7000
59	Reports of Government Property	252.245-7001
60	Warranty of Data	252.246-7001
61	Notification of Potential Safety Issues	252.246-7003
62	Representation of Extent of Transportation by Sea	252.247-7022
63	Notification of Transportation of Supplies by Sea	252.247-7024*

B. Orders Over $100,000 Shall Also Include the Following:

64	Prohibition on Persons Convicted of Fraud or Other Defense Contract Related Felonies	252.203-7001
65	Transportation of Supplies by Sea	252.247-7023*
66	Notification of Anticipated Contract Terminations or Reductions	252.249-7002