Date: July 2000
EXHIBIT A
GOVERNMENT PROVISIONS
APPLICABLE TO
PRIME CONTRACT 114-014801EK
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 July 11, 2000.
| 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.) | |
| 52.211-5 | Material Requirements (OCT 97) ("Contracting Officer" means Buyer.) | |
| 52.211-15 | Defense Priority and Allocation Requirements (SEP 90) | |
| 52.215-15 | Pension Adjustments and Asset Reversions (DEC 98) ("Contracting Officer" means Buyer and Seller’s cognizant ACO.) (Applicable only if contract is other than firm-fixed-price or if certified cost or pricing data was provided.) | |
| 52.215-18 | Reversion or Adjustment of Plans for Post-Retirement Benefits (PRB) Other than Pensions (OCT 97) (Applicable only if the contract is other than firm-fixed price or if certified cost or pricing data was provided.) | |
| 52.215-19 | Notification of Ownership Changes (OCT 97) | |
| 52.219-8 | Utilization of Small Business Concerns (OCT 99) | |
| 52.222-1 | Notice to the Government of Labor Disputes (FEB 97) ("Contracting Officer" means Buyer.) | |
| 52.222-26 | Equal Opportunity (FEB 99) [Subparagraphs (b)(1) through (11)] | |
| 52.223-3 | Hazardous Material Identification and Material Safety Data (JAN 97) (Applies only if hazardous material will be delivered) | |
| 52.223-7 | Notice of Radioactive Materials (JAN 97) (In paragraph (1) insert "sixty (60)" before "days".) | |
| 52.223-11 | Ozone Depleting Substances (JUN 96) | |
| 52.225-10 | Duty-Free Entry (APR 84) | |
| 52.225-11 | Restrictions on Certain Foreign Purchases (AUG 98) ("Contracting Officer" means Buyer.) | |
| 52.227-1 | Authorization and Consent (JUL 95) | |
| 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.] | |
| 52.237-2 | Protection of Government
Buildings, Equipment and Vegetation (APR 84) (Applies only if work will be performed on a government installation. "Contracting Officer" means Buyer.) |
|
| 52.242-15 | Stop Work Order (AUG 89) ("Contracting Officer" means Buyer) | |
| 52.243-1 | Changes - Fixed Price (AUG 87) - Alternate II (APR 84), Alternate V (APR 84) | |
| 52.244-5 | Competition in Subcontracting (DEC 96) | |
| 52.244-6 | Subcontracts for Commercial Items and Commercial Components (OCT 98) | |
| 52.246-23 | Limitation of Liability (FEB 97) (This clause can be used only at the request of the supplier and with the advance written consent of the Contracting Officer.) | |
| 52.246-25 | Limitation of Liability -- Services (FEB 97) (This clause can be used only at the request of the supplier and with the advance written consent of the Contracting Officer.) | |
| 252.215-7000 | Pricing Adjustments (DEC 91) | |
| 252.223-7001 | Hazard Warning Labels (DEC 91) | |
| 252.223-7002 | Safety Precautions for Ammunition
and Explosives (MAY 94) (Applies only if contract involves ammunition or explosives.) |
|
| 252.223-7003 | Change in Place of Performance --
Ammunition and Explosives (DEC 91) (Applies only if DFARS 252.223-7002 applies.) |
|
| 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 (SEP 97) | |
| 252.225-7014 | Preference for Domestic Specialty Metals, Alt. I (MAR 98) (Applies only if contract item contains specialty metals.) | |
| 252.225-7015 | Preference for Domestic Hand or Measuring Tools (DEC 91) (Applies only if hand or measuring tools will be delivered.) | |
| 252.225-7016 | Restriction on Acquisition of Ball and Roller Bearings (AUG 98) (Applies only if contract item contains ball or roller bearings.) | |
| 252.225-7025 | Restriction on Acquisition of Forgings (JUN 97) (Applies only if delivered items could contain forging items) | |
| 252.225-7030 | Restriction on Acquisition of Carbon, Alloy and Armor Steel Plate (OCT 92) | |
| 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) | |
| 252.228-7005 | Accident Reporting and Investigation Involving Aircraft, Missiles and Space Launch Vehicles (DEC 91) | |
| 252.231-7000 | Supplemental Cost Principles (DEC 91) | |
| 252.235-7003 | Frequency Authorization (DEC 91) (Applies only if contract involves developing, producing, testing or operating a device requiring radio frequency authorization.) | |
| 252.239-7000 | Protection Against Compromising
Emanations (DEC 91) (Applies only if classified information will be processed.) |
|
| 252.239-7016 | Telecommunications Security Equipment, Devices, Techniques, and Services (DEC 91). This clause applies only if this contract requires securing telecommunications. | |
| 252.245-7001 | Reports of Government Property (MAY 94). Seller will provide information Buyer may require to complete Buyer's annual report. | |
| 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:
| 52.222-20 | Walsh-Healy Public Contracts Act (DEC 96) | |
| 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 Special Disabled Veterans and Veterans of the Vietnam Era (APR 98) |
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.) | |
| 52.215-2 | Audit and Records-Negotiation (JAN 97) (Applies only if contract is other than Firm-Fixed-Price, if cost or pricing data was required or if cost, funding or performance reports will be furnished.) | |
| 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.) | |
| 52.227-2 | 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 | Special Prohibition on Employment (JUN 97) [excluding paragraph (g)]. (This clause applies only if this contract exceeds the simplified acquisition threshold. "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.) | |
| 252.249-7002 | Notification of Anticipated Contract Termination or Reduction (DEC 96) In paragraph (e), "two weeks" is changed to 10 days.) |
The following clauses also apply if the contract price exceeds $500,000:
| 52.214-26 | Audit and Records - Sealed Bidding (OCT 97) | |
| 52.214-28 | Subcontractor Cost or Pricing Data Modifications - Sealed Bidding (OCT 97) | |
| 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.) | |
| 252.225-7026 | Reporting of Contract Performance Outside the United States" (MAR 98) (not applicable if only commercial products are involved.) (This clause applies only if this contract exceeds $500,000 and is not for commercial items, construction, ores, natural gases, utilities, petroleum products and crudes, timber (logs), or subsistence.) |
The following clause also applies if the contract price exceeds $1,000,000:
| 252.211-7000 | Acquisition Streamlining (DEC 91) |
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) | |
| 252.227-7014 | Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation (JUN 95) | |
| 252.227-7016 | Rights in Bid or Proposal Information (JUN 95) | |
| 252.227-7019 | Validation of Asserted Restrictions - Computer Software (JUN 95) | |
| 252.227-7026 | Deferred Delivery of Technical Data (APR 88) | |
| 252.227-7027 | Deferred Ordering of Technical Data or Computer Software (APR 88) | |
| 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. | |
| TRUTH IN NEGOTIATIONS ACT. (Applicable if certified cost or pricing data was provided.) Seller shall comply with the provisions of FAR 52.215-10 and 52.215-12 which are incorporated herein by reference to the extent such clauses are or become applicable to this contract. In the absence of other instructions, Seller shall submit cost or pricing data for changes which exceed the established threshold consistent with the cost or pricing data instructions applicable to the proposal for this contract. Seller shall reimburse the Buyer any amount by which this contract is determined by the Government to have been overpriced because of Seller's or Seller's subcontractor's failure to comply with such provisions plus any interest, fines or other penalties imposed upon the Buyer as a result of the Seller's or the Seller's subcontractor's defective pricing. | |
| TRUTH IN NEGOTIATIONS ACT - Modifications. (Applies if certified cost or pricing data was not provided.) Seller shall comply with the provisions of FAR 52.215-11 and 52.215-13 which are incorporated herein by reference to the extent such clauses are or become applicable to this contract. In the absence of other instructions, Seller shall submit cost or pricing data for changes which exceed the established threshold consistent with the cost or pricing data instructions applicable to the proposal for this contract. Seller shall reimburse the Buyer any amount by which this contract is determined by the Government to have been overpriced because of Seller's or Seller's subcontractor's failure to comply with such provisions plus any interest, fines or other penalties imposed upon the Buyer as a result of the Seller's or the Seller's subcontractor's defective pricing. |
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| A = | ADDED |
| D = | DELETED |
| R = | REVISED |