Purchase Order Terms Conditions.doc

PURCHASE ORDER TERMS AND CONDITIONS

If the contracting officer is issuing a “Purchase Order” as opposed to a “Delivery Order”, the following clauses are incorporated by reference with the same force and effect as if they were given in full text. Upon request, the contracting officer will make their full text available. In addition, the full text of the clauses is available on the following website: https://www.acquisition.gov/browse/index/far. If a “Delivery Order” is issued, the order is subject to the terms and conditions of the contract under which it was placed. This list of clauses may be supplemented by the contracting officer.

GENERAL: The following clauses apply to all purchase orders:

52.222-3 Convict Labor (JUN 2003)(Unless: 1) it is precluded by FAR 22.2,2) is subject to the Walsh-Healy Act,3) is a purchase for Federal Prisons Industry, or4) involves the purchase of supplies from any State prison of any supplies that may be purchased on the open market, as opposed to items that require special manufacturing)

52.222.50 Combating Trafficking in Person (NOV 2021)

52.223-18 Encouraging Contractor Policy to Ban Text Messaging While Driving (AUG 2011) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) (Applicable to solicitations and contracts exceeding $2,500, unless an exception applies)

52.232-1 Payments (APR 1984)

52.232-8 Discounts for Prompt Payment (FEB 2002)

52.232-25 Prompt Payment (JAN 2017)

52.233-1 Disputes (MAY 2014)

52.233-3 Protest after Award (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claims (OCT 2004)

52.246-1 Contractor Inspection Requirements (APR 1984)

OTHER CLAUSES: Additional clauses that may apply:

52.204-3 Taxpayer Identification (OCT 1998) (Applicable to all non-commercial purchases unless TIN will be obtained from an alternate source.)

52.211-16 Variation in Quantity (APR 1984) (Variations, if any will be stated in the text of the order.)

52.212-4 Contract Terms and Conditions-Commercial Items (DEC 2022)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (JUN 2023)

52.213-2 Invoices (APR 1984) (Applicable when advanced payments are authorized for subscriptions and other pubs.)

52.213-3 Notice to Supplier (APR 1984) (Applicable to unpriced purchase orders) 52.213-4 Terms and Conditions-Simplified Acquisitions (Other Than Commercial Items) (June 2023) 52.222-21 Prohibition of Segregated Facilities (APR 2015)

52.222-26 Equal Opportunity (SEPT 2016) (Applicable to all non-exempt contracts and subcontracts) 52.222-35 Equal Opportunity for Veterans (OCT 2015) (Orders of $100,000 or more.)

52.222-36 Affirmative Action for Workers with Disabilities (JUL 2014) (Applicable to orders over $15,000)

52.222-37 Employment Reports Veterans (FEB 2016) (Orders of $100,000 or more) 52.223-6 Drug-Free Workplace (MAY 2001) (Applicable to orders that are issued to individuals) 52.227-19 Commercial Computer Software Restricted Rights (DEC 2007) (Applicable to orders for commercial software.)

52.232-11 Extras (APR 1984) 52.232-23 Assignment of Claims (MAY 2014) (May be applicable to contracts over the micro-purchase threshold; not required for purchase orders) 52.244-6 Subcontracts for Commercial Items (JUN 2023) 52.249-1 Termination for the Convenience of the Government (Fixed Price) (Short Form) (APR 1984) EQUIPMENT AND SUPPLIES: Additional clauses that may apply to orders for the purchase of equipment and/or supplies.

52.222-20 Contracts for Material, Supplies, Articles and Equipment Exceeding $15,000 (MAY 2014)

52.225-3 Buy American Act – Free Trade Agreements-Israeli Trade Act (DEC 2022)

52.243-1 Changes - Fixed Price (AUG 1987) – Alternate 1 (APR 1984)

52.247-34 F.O.B. Destination (NOV 1991))

52.247-35 F.O.B. Destination within Consignee’s Premises (APR 1984) (Applicable if “Inside Delivery” is specified.)

SERVICES: Additional clauses that may apply to orders for the purchase of services.

52.222-19 Child Labor-Cooperation with Authorities and Remedies (DEC 2022) 52.222-41 Service Contract Labor Standards (AUG 2018) (Applicable to orders over $2,500.)

52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 2014) (If applicable, rates will be shown in text of order.)

52.222-44 Fair Labor Standards Act and Service Contract Act-Price Adjustment (MAY 2014)

52.223-5 Pollution Prevention and Right to Know Information (MAY 2011) (Services performed on Federal Facilities) 52.243-1 Changes-Fixed Price (AUG 1987) - Alternate I (APR 1984)

52.249-4 Termination for Convenience of the Government (Services) (Short Form) (APR 1984) 52.249-5 Termination for Convenience of the Government (AUG 2016) (For Educational and other Non-Profit Institutions.)

Updated 6-2023