Date: March 2000

 

EXHIBIT A

GOVERNMENT PROVISIONS
APPLICABLE TO
PRIME CONTRACT
N66604-99-C-2966

 

The clauses contained in the following Government regulations are incorporated by reference. Where necessary or appropriate to derive proper meaning in a subcontract situation, "Contractor" shall mean Seller. Government clauses cited elsewhere in the contract shall be those in effect in September 30, 1999.

FAR/DFARS Reference


Title

 
     

52.204-2

Security Requirements (AUG 96) (Applies only if the contract requires access to classified information, "Government" means Buyer or the Government.)

 

52.211-15

Defense Priority and Allocation Requirements (SEP 90)

 

52.215-19

Notification of Ownership Changes (OCT 97)

 

52.219-8

Utilization of Small Business Concerns (JUN 99)

 

52.222-1

Notice of Labor Disputes (FEB 97) ("Contracting Officer" means Buyer.)

 

52.222-21

Prohibition of Segregated Facilities (FEB 99) (Certification required. The clause is to be included in every subcontract or purchase order subject to the equal opportunity clause.)

 

52.222-26

Equal Opportunity (FEB 99) [Subparagraphs (b)(1) through (11)]

 

52.225-10

Duty-Free Entry (APR 84)

 

52.227-1, Alt. I

Authorization and Consent (JUL 95, APR 84)

 

52.227-10

Filing of Patent Applications - Classified Subject Matter (APR 84) (Applies only if contract will involve access to classified information)

 

52.227-12

Patent Rights - Retention by Contractor (Long Form) (JAN 97) [Applies only if Special Provision F.1 is included. If Seller is a small business or nonprofit organization, include FAR 52.227-11, Patent Rights - Retention by the Contractor (Short Form), in such subcontract or purchase order instead of this clause.]

 

52.242-15

Stop Work Order (AUG 89) ("Contracting Officer" means Buyer)

 

52.244-2

Subcontracts, Alt. I (AUG 98)

 

52.244-5

Competition in Subcontracting (DEC 96)

 

52.244-6

Subcontracts for Commercial Items and Commercial Components (APR 98)

 

252.204-7000

Disclosure of Information (DEC 91) (Seller will submit requests for authorization through Buyer.)

 

252.225-7002

Qualifying Country Sources as Subcontractors (DEC 91)

 

252.225-7009

Duty-Free Entry--Qualifying Country Supplies (End Products and Components) (MAR 98)

 

252.225-7010

Duty-Free Entry--Additional Provisions (MAR 98)

 

252.225-7012

Preference for Certain Domestic Commodities (MAY 99)

 

252.225-7043

Antiterrorism/Force Protection Policy for Defense Contractors Outside the United States (JUN 98)

 

252.227-7025

Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends (JUN 95)

 

252.231-7000

Supplemental Cost Principles (DEC 91)

 

252.247-7024

Notification of Transportation of Supplies by Sea (NOV 95) ("Contracting Officer" and, in the first sentence of paragraph (a), "Contractor" means Buyer.)

 

The following clauses also apply if the contract price exceeds $10,000:

52.222-35

Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era (APR 98)

 

52.222-36

Affirmative Action for Workers with Disabilities (JUN 98)

 

52.222-37

Employment Reports on Disabled Veterans and Veterans of the Vietnam Era (JAN 99)

 

The following clauses also apply if the contract price exceeds $100,000:

52.203-6

Restrictions on Subcontractor Sales to the Government (JUL 95)

 

52.203-12

Limitation on Payments to Influence Certain Federal Transactions (JUN 97) (The disclosures of Seller and its lower tier subcontractors required by paragraph (c) shall be submitted to Buyer's Material Representative.)

 

52.215-14

Integrity of Unit Prices (OCT 97) (Excluding paragraph (b)). (Not applicable if only services will be provided.)

 

52.223-2

Clean Air and Water (APR 84) (Also applicable if Seller's facility has been the subject of a conviction under the Clean Air Act or Federal Water Pollution Control Act.)

 

52.223-14

Toxic Chemical Release Reporting (OCT 96) (Paragraph (e) is deleted and "Contracting Officer" in paragraph (d) means Buyer.)

 

52.227-2

Notice and Assistance Regarding Patent and Copyright Infringement (AUG 96) (This clause applies only if this contract exceeds the simplified acquisition threshold. A copy of each notice sent to the Government will be sent to Buyer.) ("Contracting Officer" means Buyer.)

 

52.246-24

Limitation of Liability -- High-Value Items (Feb 1997) (This clause applies only if this contract exceeds $100,000. "Government's" shall mean Government's or Buyer's in paragraph (e). Applies if requested by the Seller and approved by the Buyer's Customer. This clause can be used only at the request of the supplier and with the advance written consent of the Contracting Officer.)

 

252.203-7001

Prohibition on Persons Convicted of Fraud or Other Defense Contract Related Felonies (MAR 99) (This clause applies only if this contract exceeds the FAR Part 13 simplified acquisition threshold and does not apply to the purchase of commercial items or commercial components. "Contractor" and "contract" are not changed in paragraphs (a) and (b). In paragraph (e), "Government" shall mean Government or Buyer. In paragraph (f), "through the Buyer" is inserted after "Contracting Officer". Paragraph (g) is deleted and "Contracting Officer" shall mean Contracting Officer.)

 

252.209-7000

Acquisition from Subcontractors Subject to On-Site Inspection Under the Intermediate - Range Nuclear Forces (INT) Treaty (NOV 95)

 

252.247-7023

Transportation of Supplies by Sea (NOV 95) (In paragraph (c) "45 days" is changed to 60 days.)

 

The following clauses also apply if the contract price exceeds $500,000:

52.219-9

Small Business Subcontracting Plan (OCT 99) (Applies only if Seller is not a small business. "Contracting Officer" in paragraph (c) means Buyer.)

 

52.230-2

Cost Accounting Standards (APR 98) (This clause applies only if Seller is subject to Cost Accounting Standards (CAS) and if this contract exceeds $500,000. Per 52.230-6(e)(1), self-deleting clauses shall not be used.)

 

52.230-6

Administration of Cost Accounting Standards (APR 96) (Add "Buyer and "before "Contracting Officer" in paragraph (e).) (This clause applies only if FAR 52.230-2 or -3 is contained in the prime contract.)

 

The following clauses also apply if Technical Data or Computer Software will be Generated or Delivered:

252.227-7013

Rights in Technical Data--Noncommercial Items (NOV 95)

 

252.227-7016

Rights in Bid or Proposal Information (JUN 95)

 

252.227-7030

Technical Data - Withholding of Payment (OCT 88) (This clause applies only if the delivery of data is required by this contract.) ("Contracting Officer" and "Government" means Buyer.)

 

252.227-7036

Declaration of Technical Data Conformity (JAN 97)

 

252.227-7037

Validation of Restrictive Markings on Technical Data (NOV 95)

 

Additional Provisions:

 

DEFENSE PRIORITY RATING. If a defense priority rating is identified on the face of this contract, this is a rated order certified for national defense use and the Seller shall follow all the requirements of the Defense Priorities and Allocations Systems Regulation (15 CFR Part 700). Including accepting or rejecting this contract in writing within ten working days after receipt of DO rated or five days after receipt if DX rated. If rejected, the reason(s) for such rejection shall be included in the notice to the Buyer.

 

ANTI-KICKBACK PROCEDURES. Seller agrees to abide by the Anti-Kickback Act of 1986 (41 U.S.C. 51 through 58) and FAR 52.203-7, "Anti-Kickback Procedures" which is incorporated herein by reference, except that subparagraph (c)(1) of FAR 52.203-7 shall not apply to Seller, and further that in subparagraphs (c)(2), (c)(3), and (c)(5), the term "Contractor" shall mean Seller, and in subparagraph (c)(4) the term "Prime Contractor" shall mean Buyer and the term "Subcontractor" shall mean Seller. In addition to reporting possible violations of the Anti-Kickback Act to the Government pursuant to 41 U.S.C. §57(c), Seller shall report such possible violations, if related to Buyer, to the Director of Materiel and/or the Division Counsel of the Boeing division or subsidiary issuing this contract. Seller agrees to hold Buyer harmless from, defend Buyer against, and indemnify Buyer for all costs, expenses, and offsets Buyer may incur as a consequence of violations of this clause by Seller or by Seller's subcontractors or suppliers. The rights and obligations set forth in this clause shall survive completion of, final payment under, or termination of, this order.

Special Requirements:

 

C31 MERCURY EXCLUSION - B

The supplies furnished under this contract shall be free from mercury contamination (i.e., during the manufacturing process, tests or inspections). The supplies offered shall not have come in direct contact with mercury or any of its compounds nor with any mercury containing devices employing only a single boundary of containment. (A single boundary of containment is one which is not backed by a second seal or barrier to prevent contamination in event of rupture of the primary seal or barrier.)

 

D24 PROHIBITED PACKING MATERIALS

The use of asbestos, excelsior, newspaper or shredded paper (all types including waxed paper, computer paper and similar hygroscopic or non-neutral material) is prohibited. In addition, loose fill polystyrene is prohibited for shipboard use.

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