GOVERNMENT PROCUREMENT PROVISIONS Clause Samples
GOVERNMENT PROCUREMENT PROVISIONS. Supplier shall, at all times during the term of this Agreement, comply with all applicable laws, rules, regulations, and orders, and shall refrain from engaging in any illegal, unethical, or deceptive practices. Without limiting the foregoing, Supplier agrees to comply with the following Federal Acquisition Regulation (“FAR”) clauses, which are incorporated by reference and apply to this Agreement with the same force and effect as if the text of the clauses was fully set forth. For purposes of this Agreement, the following clauses shall operate, impose the obligations and responsibilities of the parties and be interpreted as if “Government” means “HYMH,” “Contracting Officer” means HYMH’s Division Buyer, “Contract” means this “Agreement,” “Offeror” means “Supplier,” “Contractor” means “Supplier,” and “Disputes clause” means the disputes clause of this Agreement. Supplier shall also include these FAR and DFARS clauses into each lower- tier subcontract it issues, as applicable.
GOVERNMENT PROCUREMENT PROVISIONS a. Supplier shall abide by the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities and prohibit discrimination against all individuals based on their race, color, religion, sex, or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, national origin, protected veteran status or disability.
b. Supplier must mark Products with regards to origin in accordance with ▇▇▇▇▇▇ Scientific’s specifications, U.S. requirements pursuant to 19 CFR § 134 and all other applicable statutes, laws, regulations, codes, standards, ordinances and orders. Upon ▇▇▇▇▇▇ Scientific’s request, Supplier will promptly provide certification to evidence the country of origin of such Products and/or materials purchased. Supplier shall protect, indemnify, exonerate and hold ▇▇▇▇▇▇ Scientific harmless from and against any and all suits, claims, liability, losses, liens and demands (including reasonable attorneys' fees), fines, costs, criminal and civil penalties, causes of action or any other obligations arising out of or in any matter connected with Supplier’s failure to comply with any applicable laws, regulations and/or other requirements.
c. To the extent the Products are commercial items as defined by Federal Acquisition Regulation (FAR) 2.101 (“Commercial Products”), FAR 52.212-5(e)(1) only, are incorporated into this Agreement. Pursuant to Title 48 of the FAR, ▇▇▇▇▇▇ Scientific is required to flow down specific contract clauses to its subcontractors. Supplier accepts the mandatory supplier flow downs in FAR 52.212-5(e). In addition, ▇▇▇▇▇▇ Scientific may also request in writing and Supplier agrees that mandatory supplier flow downs will be incorporated into a specific purchase order and/or an agreement signed by Supplier and ▇▇▇▇▇▇ Scientific.
d. Supplier shall abide by FAR 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JULY 2018).
e. To the extent the Products are Commercial Products for electronic parts or assemblies containing electronic parts, Supplier shall comply with Defense Federal Acquisition Regulation Supplement (DFARS) 252.246-7007 – Contractor Counterfeit...
GOVERNMENT PROCUREMENT PROVISIONS. If the Products to be furnished by Seller are to be used in the performance of a U.S. government contract or subcontract, those clauses of the applicable U.S. Government procurement regulation which are required and mandated by Federal Statute to be included in U.S. Government subcontracts shall be incorporated herein by reference including, without limitation, the Fair Labor Standards Act of 1938, as amended, and the provisions of Executive Orders Nos. 11246, 11701 and 11758, the Rehabilitation Act of 1973, the Vietnam Era Veterans Readjustment Assistance Act of 1974, and all applicable amendments thereto and rules and regulations issued hereunder. Upon Buyer’s request, Seller will promptly provide certification to evidence the country of origin of such materials purchased hereunder. Seller shall indemnify Buyer for any loss, liability, or expense resulting from Seller’s failure to properly comply with Seller’s requirements or applicable laws or regulations regarding country of origin, including but not limited to the B▇▇▇▇ Amendment, where applicable. If the end user of the Products or Services will in any way relate to the federal healthcare programs, the following provision will apply:
GOVERNMENT PROCUREMENT PROVISIONS. Supplier shall abide by the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a), as applicable. These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities and prohibit discrimination against all individuals based on their race, color, religion, sex, or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, national origin, protected veteran status or disability.
GOVERNMENT PROCUREMENT PROVISIONS. Supplier shall, at all times during the term of this Agreement, comply with all applicable laws and regulations and Prime Contract terms and conditions, and shall refrain from engaging in any illegal, unethical, or deceptive practices. Without limiting the foregoing, Supplier agrees to comply with the following Federal Acquisition Regulation (“FAR”) clauses, which are incorporated by reference and apply to this subcontract with the same force and effect as if the text of the clauses was fully set forth: i. FAR 52.203-13, Contractor Code of Business Ethics and Conduct (DEC 2008); ii. FAR 52.219-8, Utilization of Small Business Concerns (MAY 2004); iii. FAR 52.222-50, Combating Trafficking in Persons (AUG 2007); and iv. FAR 52.247-64, Preference for Privately Owned U.S.- Flagged Commercial Vessels (FEB 2006). Additional FAR clauses may also apply to this Agreement and be flowed-down if the U.S. Government incorporates by reference other FAR clauses into Customer’s Prime Contract, including clauses enumerated in FAR 52.212-5. These additional applicable FAR clauses may include: i. FAR 52.203-6, Restrictions on Subcontractor Sales to the Government, and/or ii. FAR 52.225-13, Restrictions on Certain Foreign Purchases. For work performed in support of Customer’s prime contracts with the U.S. Department of Defense, the following U.S. Department of Defense FAR Supplement (“DFARS”) clauses are incorporated by reference with the same force and effect as if the text of the clauses was fully set forth in the subcontracts and are incorporated by reference herein:
i. DFARS, 252.225-7009 Restriction on Acquisition of Certain Articles Containing Specialty Metals (JAN 2011); ii. DFARS 252.225-7039, Contractors Performing Private Security Functions (AUG 2011);