Additional Terms and Conditions of Purchase FAR/DFARS Orders of Commercial Item
COMMERCIAL ITEM FAR AND DFARS FLOWDOWN PROVISIONS
1. Incorporation of FAR and DFARS Clauses
If the Purchase Order is placed under a Government prime contract or federally-funded subcontract for an item meeting the Federal Acquisition Regulation (FAR) definition of a commercial item, the following FAR clauses and Defense Federal Acquisition Regulation Supplement (DFARS) clauses referenced below, in effect on the date of the Prime Contract, are incorporated herein by reference with the same force and effect as if they were given in full text. Clauses that are not applicable by their terms shall be self-deleting. The full text of these clauses can be obtained from the following web sites:
2. Government Subcontract
- This Purchase Order is entered into by the Parties in support of a U.S. Government contract. It is the sole responsibility of Seller to comply with the FAR/DFARS clauses applicable to the Seller.
- As used in the FAR clauses reference below:
- “Commercial Item” means a commercial item as defined in FAR 2.101
- “Contract” means this Purchase Order
- The term “Government” shall be replaced with “Curbell,” unless the context of the clause requires otherwise
- The term “Contractor” shall be replaced with “Seller,” unless the context of the clause requires otherwise
- Seller shall include the terms of this Article, including this Section 2, modified as appropriate, in all purchase orders or subcontracts awarded under this purchase order.
3. FAR Flow-down Clauses
- The following FAR clauses apply to this Purchase Order (application thresholds noted):
| FAR CLAUSES | APPLICATION THRESHOLDS |
|---|---|
| 52.202-1 | Definitions |
| 52.203-3 | Gratuities |
| 52.203-4 | Covenant Against Contingent Fees ($100,000) |
| 52.203-7 | Anti-Kickback Procedures ($100,000) |
| 52.203-8 | Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity ($100,000) |
| 52.203-12 | Limitation on Payments to Influence Certain Federal Transactions ($100,000) |
| 52.203-13 | Contractor Code of Business Ethics and Conduct ($5,000,000 and having a period of performance more than 120 days) |
| 52.203-14 | Display of Hotline Poster(s) |
| 52.203-15 | Whistleblower Protection Under American Recovery and Reinvestment Act of 2009 (ARRA-funded Contracts) |
| 52.219-8 | Utilization of Small Business Concerns ($100,000) |
| 52.219-9 | Small Business Subcontracting Plan ($550,000) |
| 52.222-4 | Contract Work Hours and Safety Standards Act – Overtime Compensation ($100,000) |
| 52.219-20 | Walsh-Healy Public Contracts Act ($10,000) |
| 52.222-21 | Prohibition of Segregated Facilities ($10,000) |
| 52.222-25 | Affirmative Action Compliance ($10,000) |
| 52.222-26 | Equal Opportunity ($10,000) |
| 52.222-35 | Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans ($100,000) |
| 52.222-36 | Affirmative Action for Workers with Disabilities ($10,000) |
| 52.222-37 | Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans ($100,000) |
| 52.222-41 | Service Contract Act of 1965 (if clause contained in the Prime Contract) |
| 52.222-50 | Combating Trafficking in Persons |
| 552.225-1 | Buy American Act – Supplies |
| 52.225-5 | Trade Agreements |
| 52.225-13 | Restrictions on Certain Foreign Purchases |
| 52.233-1 | Disputes |
| 52.233-3 | Protest After Award |
| 52.242-13 | Bankruptcy |
| 52.242-17 | Government Delay of Work |
| 52.244-6 | Subcontracts for Commercial Items |
| 52.246-2 | Inspection of Supplies – Fixed Price |
| 52.247-64 | Preference for Privately-Owned U.S.-Flag Commercial Vessels |
| 29 C.F.R. 471 Subpart A App. A |
Notification of Employee Rights Subpart A Under Federal Labor Laws App. A ($10,000) |
b) The following FAR clauses apply, as indicated:
| 52.204-2 | Security Requirements (access to classified information) |
| 52.211-5 | Material Requirements (involving used, reconditioned, or remanufactured supplies) |
| 52.222-54 | Employment Eligibility Verification ($100,000 and performance of 120 days or more) |
| 52.223-3 | Hazardous Material Identification and Material Safety Data (hazardous material contracts) |
| 52.223-7 | Notice of Radioactive Materials (access to radioactive material) |
| 52.223-11 | Ozone-Depleting Substances (manufacturing with or contains ozone-depleting substances) |
4. DFARS Flow-down Clauses
a) The following DFARS clauses apply to this Purchase Order:
| 252.204-7008 | Requirements for Contracts Involving Export-Controlled Items |
| 252.204-7009 | Requirements for Contracts Regarding Potential Access to Export-Controlled Items |
| 252.225-7001 | Buy American Act and Balance of Payments Program |
| 252.225-7021 | Trade Agreements |
| 252.244-7000 | Subcontracts for Commercial Items and Commercial Components |
| 252.247-7023 | Transportation of Supplies by Sea ($100,000) |
| 252.247-7024 | Notification of Transportation of Supplies by Sea |
b) The following FAR clauses apply as indicated:
| 252.219-7003 | Small, Small Disadvantaged, and Woman-Owned Small Business Subcontracting Plan (if FAR 52.219-9 applies) |
| 252.223-7001 | Hazard Warning Labels (requiring delivery of hazardous materials) |
| 252.225-7001 | Buy American Act and Balance of Payments Program |
| 252.225-7009 | Restriction on Acquisition of Certain Articles Containing Specialty Metals (specialty metals) |
| 252.225-7014 | Preference for Domestic Specialty Metals, and Alternate I (“specialty metal” acquisition) |
| 252.227-7015 | Technical Data – Commercial Items (delivery of technical data) |
| 252.236-7013 | Requirement for Competition Opportunity for American Steel Producers, Fabricators, and Manufacturers (steel acquisition) |
5. Certifications and Representations
a) By accepting this Purchase Order, Seller certified to the representations and certifications as set forth in the FAR parts and clauses listed below
| 52.203-11 | Certifications and Disclosure Regarding Payments to Influence Certain Federal Transactions |
| 52.203-16 | Contractor Code of Business Ethics and Conduct (certification regarding compliance with the requirement for timely disclosure of violations of federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 of the United States Code, or a violation of the civil False Claims Act (31 U.S.C. 3729-3733)) |
| 52.209-5 | Certification Regarding Debarment, Suspension, Proposed Debarment, and Other Responsibility Matters |
| 52.225-2 | Buy American Act Certificate |
| 52.225-6 | Trade Agreements Certificate |
| Part 9.5 | Organizational Conflict of Interest: Seller represents and warrants that its performance of this Purchase Order does not constitute an organizational conflict of interest (OCI) as defined in FAR Part 9.5 or under any other applicable OCI clause or regulation. If during the course of performance, Seller becomes aware of any actual or potential OCI caused by its performance of this Purchase Order, Seller shall promptly notify Curbell in writing of the nature of such actual or potential OCI |
