Common use of U.S. Government Contracts Clause in Contracts

U.S. Government Contracts. 23.1. This Clause 23 applies only if the Order is for the direct or indirect sale to any agency of the U.S. government and/or is funded in whole or in part by any agency of the U.S. government. 23.2. Purchaser agrees that all Contract Products and services provided by B&R meet the definition of “commercial-off-the-shelf” (“COTS”) or “commercial item” as those terms are defined in Federal Acquisition Regulation (“FAR”) 2.101. Purchaser agrees, consistent with FAR 12.212, that commercial computer software and commercial computer software documentation are licensed under B&R’s Software license. To the extent the Buy America(n) Act, Trade Agreements Act, or other domestic preference requirements are applicable to this Agreement, the country of origin of Contract Products is unknown unless otherwise specifically stated by B&R in this Agreement. Purchaser agrees any services offered by B&R are exempt from the Service Contract Act of 1965 (FAR 52.222-41). The version of any applicable FAR clause listed in this Clause 23 shall be the one in effect on the effective date of the Order. 23.3. If Purchaser is an agency of the U.S. Government, then as permitted by FAR 12.302, Xxxxxxxxx agrees that all paragraphs of FAR 52.212-4 (except those listed in 12.302(b)) are replaced with the Agreement. Purchaser further agrees the subparagraphs of FAR 52.212-5 apply only to the extent applicable for sale of COTS and/or commercial items and as appropriate for the Order price. 23.4. If Purchaser is procuring the Contract Products or services as a contractor, or subcontractor at any tier, on behalf of any agency of the U.S. Government, then Purchaser agrees that FAR 52.212-5(e) or 52.244-6 (whichever is applicable) applies only to the extent applicable for sale of COTS and/or commercial items and as appropriate for the Order price.

U.S. Government Contracts. 23.1. (a) This Clause 23 Article 27 applies only if the Order Agreement is for the direct or indirect sale to any agency of the U.S. government and/or is funded in whole or in part by any agency of the U.S. government. 23.2. (b) Purchaser agrees that all Contract Products Equipment and services Services provided by B&R ABB meet the definition of “commercial-off-the-the- shelf” (“COTS”) or “commercial item” as those terms are defined in Federal Acquisition Regulation (“FAR”) 2.101. Purchaser agrees, consistent with FAR 12.212, that commercial computer software and commercial computer software documentation are licensed under B&RABB’s Software licenseLicense. To the extent the Buy America(n) Act, Trade Agreements Act, or other domestic preference requirements are applicable to this Agreement, the country of origin of Contract Products Equipment is unknown unless otherwise specifically stated by B&R ABB in this Agreement. Purchaser agrees any services Services offered by B&R ABB are exempt from the Service Contract Agreement Act of 1965 (FAR 52.222-41). The version of any applicable FAR clause listed in this Clause 23 Article 28 shall be the one in effect on the effective date of the Orderthis Agreement. 23.3. (c) If Purchaser is an agency of the U.S. Government, then as permitted by FAR 12.302, Xxxxxxxxx Purchaser agrees that all paragraphs of FAR 52.212-4 (except those listed in 12.302(b)) are replaced with the Agreementthese Terms and Conditions. Purchaser further agrees the subparagraphs of FAR 52.212-5 apply only to the extent applicable for sale of COTS and/or commercial items and as appropriate for the Order Agreement price. 23.4. (d) If Purchaser is procuring the Contract Products Equipment or services Services as a contractor, or subcontractor at any tier, on behalf of any agency of the U.S. Government, then Purchaser agrees that FAR 52.212-5(e) or 52.244-6 (whichever is applicable) applies only to the extent applicable for sale of COTS and/or commercial items and as appropriate for the Order purchase order price.

U.S. Government Contracts. 23.1. (a) This Clause 23 Article 27 applies only if the Order Agreement is for the direct or indirect sale to any agency of the U.S. government and/or is funded in whole or in part by any agency of the U.S. government. 23.2. (b) Purchaser agrees that all Contract Products Equipment and services Services provided by B&R ABB meet the definition of “commercial-off-the-shelf” (“COTS”) or “commercial item” as those terms are defined in Federal Acquisition Regulation (“FAR”) 2.101. Purchaser agrees, consistent with FAR 12.212, that commercial computer software and commercial computer software documentation are licensed under B&RABB’s Software licenseLicense. To the extent the Buy America(n) Act, Trade Agreements Act, or other domestic preference requirements are applicable to this Agreement, the country of origin of Contract Products Equipment is unknown unless otherwise specifically stated by B&R ABB in this Agreement. Purchaser agrees any services Services offered by B&R ABB are exempt from the Service Contract Act of 1965 (FAR 52.222-41). The version of any applicable FAR clause listed in this Clause 23 Article 28 shall be the one in effect on the effective date of the Orderthis Agreement. 23.3. (c) If Purchaser is an agency of the U.S. Government, then as permitted by FAR 12.302, Xxxxxxxxx Purchaser agrees that all paragraphs of FAR 52.212-4 (except those listed in 12.302(b)) are replaced with the Agreementthese Terms and Conditions. Purchaser further agrees the subparagraphs of FAR 52.212-5 apply only to the extent applicable for sale of COTS and/or commercial items and as appropriate for the Order Agreement price. 23.4. (d) If Purchaser is procuring the Contract Products Equipment or services Services as a contractor, or subcontractor at any tier, on behalf of any agency of the U.S. Government, then Purchaser agrees that FAR 52.212-5(e) or 52.244-6 (whichever is applicable) applies only to the extent applicable for sale of COTS and/or commercial items and as appropriate for the Order purchase order price.