Buyer is required to include the FAR clauses listed below, for purchase orders at any tier. These clauses are incorporated by reference herein and SELLER specifically agrees that they shall have the same force and effect as if printed in full text. However, the parties agree that Seller is only bound to follow those FARs that are made applicable based on the value of the particular purchase order. Full text of the clauses may be accessed electronically at this address: http://www.arnet.gov/far.
(i) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).
(ii) 52.222-26, Equal Opportunity (Apr 2002) (E.O. 11246).
(iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Dec 2001) (38 U.S.C. 4212(a));
(iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).
(v) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).
(vi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Apr 2003)(46 U.S.C. Appx 1241 and 10 U.S.C. 2631).
(vii.) Service Contract Act of 1965, as Amended (MAY 1989).
The following DFAR clauses also flow down, as applicable,
(i) 252.225-7007 - Prohibition on Acquisition of United States Munitions List Items From Communist Chinese Military Companies
(ii) 252.225-7009 - Restriction on Acquisition of Certain Articles Containing Specialty Metals
(iii) 252.204-7008 - Requirements for Contracts Involving Export-Controlled Items
(iv) 252.225-7001 - Buy American and Balance of Payments Program
(v) 252.225-7006 - Quarterly Reporting of Actual Contract Performance Outside the United States
(vi) 252.225-7013 - Duty Free Entry
(vii) 252.225-7016 - Restriction on Acquisition of Ball and Roller Bearings
(viii) 252.225-7021 - Trade Agreements
(ix) 252.225-7033 - Waiver of United Kingdom Levies
By acceptance of this PO, Seller certifies that it is not debarred, suspended, or recommended for debarment. Seller also agrees to abide by all ITAR requirements that arise from any purchase order.
Seller agrees to complete a Certificate of Compliance per the PO and agrees that it will only sell products from Original Component Manufacturers (OCM), Original Equipment Manufacturers (OEM), or through an OCM/OEM authorized distributor chain. Seller will not sell products from an independent distributor or broker unless approved in advance in writing by Buyer.
During performance on this order, the seller's quality control or inspection system and manufacturing processes are subject to review, verification and analysis by authorized Thomas Instrument customer representatives. Thomas Instrument customer inspection or release of product prior to shipment is not required unless you are otherwise notified.
All documentation related to traceability of material origin, product realization, and compliance verifications generated to complete this Purchase Order must be maintained and accessible to Thomas Instrument upon request for a period of not less than 15 years.