Common use of RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT Clause in Contracts

RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT. (a) Except as provided in (b) of this clause, the CNA shall not enter into any agreement with an actual or prospective qualified NPA or subcontractor, nor otherwise act in any manner, which has or may have the effect of restricting sales by such entity directly to the Government of any item or process (including computer software) made or furnished by the entity under this Agreement or under any follow-on related agreement, contract, or subcontract, or otherwise infringe on the entity’s ability to compete for CNA designation. (b) The prohibition in (a) of this clause does not preclude the CNA from asserting rights that are otherwise authorized by law or regulation. For acquisitions of commercial items, the prohibition in paragraph (a) applies only to the extent that any agreement restricting sales by subcontractors results in the Federal Government being treated differently from any other prospective purchaser for the sale of the commercial item(s).

RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT. (a) Except as provided in (b) of this clause, the CNA shall not enter into any agreement with an actual or prospective qualified NPA or subcontractor, nor otherwise act in any manner, which has or may have the effect of restricting sales by such entity directly to the Government of any item or process (including computer software) made or furnished by the entity under this Agreement or under any follow-on related agreement, contract, or subcontract, or otherwise infringe on the entity’s ability to compete for CNA designation. (b) The prohibition in (a) of this clause does not preclude the CNA from asserting rights that are otherwise authorized by law or regulation. For the acquisitions of commercial items, the prohibition in paragraph (a) applies only to the extent that any an agreement restricting sales by subcontractors results in the Federal Government being treated differently from any other prospective purchaser purchases for the sale of the commercial item(s).

RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT. (a) Except as provided in (b) of this clause, the CNA shall not enter into any agreement with an actual or prospective qualified NPA or subcontractor, nor otherwise act in any manner, which has or may have the effect of restricting sales by such entity directly to the Government of any item or process (including computer software) made or furnished by the entity under this Agreement or under any follow-on related agreement, contract, or subcontract, or otherwise infringe on the entity’s ability to compete for CNA designation. (b) The prohibition in (a) of this clause does not preclude the CNA from asserting rights that are otherwise authorized by law or regulation. For acquisitions of commercial items, the prohibition in paragraph (a) applies only to the extent that any agreement restricting sales by subcontractors results in the Federal Government being treated differently from any other prospective purchaser for the sale of the commercial item(s). (c) The CNA shall incorporate the substance of this clause, including this paragraph (c), in all subcontracts under this Agreement which exceed the simplified acquisition threshold.

RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT. (a) Except as provided in (b) of this clause, the CNA shall not enter into any agreement with an actual or prospective qualified NPA or subcontractor, nor otherwise act in any manner, which has or may have the effect of restricting sales by such entity directly to the Government of any item or process (including computer software) made or furnished by the entity under this Agreement or under any follow-on related agreement, contract, or subcontract, or otherwise infringe on the entity’s ability to compete for CNA designation. (b) The prohibition in (a) of this clause does not preclude the CNA from asserting rights that are otherwise authorized by law or regulation. For the acquisitions of commercial items, the prohibition in paragraph (a) applies only to the extent that any an agreement restricting sales by subcontractors results in the Federal Government being treated differently from any other prospective purchaser purchases for the sale of the commercial item(s). (c) The CNA shall incorporate the substance of this clause, including this paragraph (c), in all subcontracts under this Agreement which exceed the simplified acquisition threshold.