U.S. Government Contracting. If Customer is a U.S. Government entity or elects to sell products or services provided hereunder to the U.S. Government or to a contractor selling to the U.S. Government, the following provisions apply: (a) Customer agrees that all products and services provided by Abaco meet the definition of “commercial-off-the-shelf” (COTS) or “commercial item” as defined in FAR 2.101, and that the subparagraph terms of FAR 52.212-5(e) or FAR 52.244- 6 (or, for orders from the U.S Government, FAR 52.212-5 and FAR 52.212-4 with tailoring to the extent permitted by FAR 12.302 by replacing all paragraphs except those listed in FAR 12.302(b) with these Conditions of Sale), and (subject to subsection (e) below) DFARS 252.212-7001(c) or DFARS 252.244-7000, whichever are applicable, apply only to the extent applicable to COTS or commercial items and only as appropriate for the dollar value of this order; (b) with regard to any terms related to Buy American Act or Trade Agreements, the country of origin of products is unknown unless otherwise specifically stated in writing by Abaco; (c) Customer agrees that any services offered by Abaco are exempt from the Service Contract Act of 1965 (FAR 52.222-41); (d) Customer agrees that this sale is not funded, in whole or in part, by the American Recovery and Reinvestment Act unless otherwise set forth in a written agreement of the parties; and (e) Customer is solely and exclusively responsible for compliance with any other applicable statutes or regulations governing sales to the U.S. Government, and Abaco makes no representations, certifications or warranties whatsoever with respect to the ability of its goods, services or prices to satisfy any such statutes and regulations other than those contained herein.
U.S. Government Contracting. If the Software or Services are being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then, as a commercial items, the Government’s rights in the Software, Services and Documentation will be only as set forth: (i) in this Agreement or (ii) as provided in FAR 12.212 (Computer Software) and (for Department of Defense use or disclosure) DFAR 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation), whichever set of rights provided for in (i) or (ii) are the more restrictive. Customer shall be responsible for ensuring that this provision is included in all agreements wi8th the United States Government and that the Software, when delivered to the United States Government, is correctly marked as required by applicable United States Government regulations governing such restricted rights as of such delivery.
U.S. Government Contracting. If Buyer’s request for quote specifies that this engagement is subject to US Government contracting provisions, Seller is providing "Commercial Items," as that term is defined in Federal Acquisition Regulations (“FAR”) 2.101, 48 CFR 2.101, Supplier agrees to comply with the following FAR clauses.
U.S. Government Contracting. If Customer is a U.S. Government entity or procures GE Offerings for or on behalf of a U.S. Government entity, the following provisions apply: (a) Customer agrees that all GE Offerings meet the definition of "commercial-off-the-shelf" (COTS) or "commercial item" as defined in FAR 2.101, and that the subparagraph terms of FAR 52.212-5(e) or FAR 52.244-6 (or, for orders from the U.S Government, FAR 52.212-5 and FAR 52.212-4 with tailoring to the extent permitted by FAR 12.302 by replacing all paragraphs except those listed in FAR 12.302(b) with these terms and conditions), and (subject to subsection (e) below) DFARS 252.212-7001(c) or DFARS 252.244-7000, whichever are applicable, apply only to the extent applicable to COTS or commercial items and only as appropriate for the dollar value of this order;
U.S. Government Contracting. For Orders placed in support of or charged to a U.S. Government prime contract or subcontract, all Federal Acquisition Regulations (FAR) and Defense Federal Acquisition Regulations Supplement (DFARS) applicable to contracts for the procurement of “commercial items” as defined in the FAR, without limitation as listed in Buyer’s Abaco Systems U.S. Government Acquisition of Commercial Items Appendix, a copy of which has been provided to Seller and/or which can be accessed at: xxx.xxxxx.xxx/xxxxxxxx , and which is incorporated herein by reference with respect to such Orders, and such other government contracting regulations as may be listed in or included with the Order.
