PO_Terms_and_ConditionsFAC2019_05_09062019.pdf

APPENDIX A

SUPPLEMENTED UNITED STATES DEPARTMENT OF AGRICULTURE

PURCHASE ORDER TERMS AND CONDITIONS

When the letter P is shown in the 7th position of the Order Number block on the OF-347, the following clauses are incorporated by reference with the same force and effect as if included in full text. Full text of the clauses are located at http://farsite.hill.af.mil/vffara.htm. If any of the clauses shown below have been superseded, or changed as a result of an authorized deviation, such supersession or change will be shown in the text of the purchase order. Otherwise the clause text shall be as it appears in the referenced regulation for the most current date. The derivation of these clauses is the Federal Acquisition Regulation (48 CFR Chapter 1) and the Agriculture Acquisition Regulation (48 CFR Chapter 4).

GENERAL - The following clauses apply to all purchase orders:

52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016) 52.204-19 Incorp by Reference of Representations and Certifications (DEC 2014) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities

(JUL 2018)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2019)

52.209-10 Prohibition on Contracting with Inverted Domestic Corps (NOV 2015) 52.219-6 Notice of Total Small Business Set-Aside (Nov 2011) 52.219-28 Post Award Small Business Program Rerepresentation (Jul 2013)

52.222-3 Convict Labor (JUNE 2003) (Unless precluded by FAR 22.2.)

52.222-50 Combating Trafficking in Persons (JAN 2019) 52.223-5 Pollution Prevention and Right to Know Information (MAY 2011) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving

(Aug 2011) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.232-8 Discounts for Prompt Payment (FEB 2002) 52.232-11 Extras (APR 1984) 52.232-23 Assignment of Claims (MAY 2014) 52.232-25 Prompt Payment (JAN 2017) 52.232-33 Payment by Electronic Funds Transfer—System for Award

Management (OCT 2018) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors

(DEC 2013)

52.233-1 Disputes (MAY 2014) ALT I (DEC 1991) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.244-6 Subcontracts for Commercial Items (AUG 2019) 52.253-1 Computer Generated Forms (JAN 1991)

Additional clauses that apply when applicable:

52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011) (if work requires routine physical acces to gov’t bldg or computer) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

(OCT 2018) (contracts exceeding $30,000) 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (JUN

2016) (applies if government information is stored on contractor computer systems. N/A to commercial off the shelf items)

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.

(OCT 2015) (contracts exceeding $35,000)

52.211-16 Variation in Quantity (APR 1984) (Supply or Service > micro.

Permissible variations, if any, will be stated in the text of the order.)

52.212-4 Contract Terms and Conditions Commerical Clauses (OCT 2018) (contracts for commercial items)

52.212-5 Contract Terms and Conditions Required to Implement Statues or Executive Orders – Commercial Items (AUG 2019) (applicable clauses are identified in this supplement)

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

52.213-4 Contract Terms and Conditions Simplified Acquisition (Other than Commercial Items) (AUG 2019) (contracts for non-commercial items)

52.222-21 Prohibition of Segregated Facilities (APR 2015) (contracts exceeding $10,000)

52.222-26 Equal Opportunity (SEP 2016) (Applicable if an order, or aggregate orders in a year, exceeds $10,000.)

52.222-36 Equal Opportunity for Workers with Disabilities (JUL 2014) (Contracts exceeding $15,000.)

52.222-55 Minimum Wages under Executive Order 13658 (DEC 2015). (Service contracts over $2,500 and construction contracts over $2,000)

52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2017) (If clause 222-6 or 222-41 applies)

52.223-2 Affirmative Procurement of Biobased Products Under Service And Construction Contracts (SEP 2013) (if contract involves the purchase or use of bio-preferred products)

52.223-3 Hazardous Material Identification and Material Safety Data Alt 1 (JAN 1997) (if supplying hazardous material)

52.223-7 Notice of Radioactive Materials (JAN 1997) (if these materials are furnished)

52.223-11 Ozone Depleting Substances and High Global Warning Potential Hydrofluorocarbons (JUN 2016) (if these materials are furnished)

52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (if these items are furnished)

52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007) (for any contract involving the purchase of energy consuming products)

52.223-20 Aerosols (JUN 2016) (applies if aerosols are used or supplied as part of the contract) 52.223-21 Foams (JUN 2016) (applies if foams are used or supplied) 52.223-17 Affirmative Procurement of EPA Designated items in Service and

Construction Contracts (AUG 2018) (applies to service and construction contracts)

52.232-1 Payments (APR 1984) (NA to Personal Services & Construction.)

52.232-18 Availability of Funds (APR 1984) (Applicable if invoked in the text of the Order for orders issued before new fiscal year funds become available.)

52.232-36 Payment by Third Party (May 2014) (if payment is being made by credit card)

52.243-1 Changes--Fixed-Price (AUG 1987) (supply orders or Alt II for services that include furnishing supplies)

52.245-1 Property Records (JAN 2017) Alt 1 (APR 2012) (if gov’t property is provided)

52.245-9 Use and Charges (APR 2012) (if there is a charge for gov’t property it will be stated in the text of the order)

52.246-1 Contractor Inspection Requirements (APR 1984) (supply or service)

EQUIPMENT AND SUPPLIES - Additional clauses applicable to the purchase of equipment and supplies or services involving furnishing of supplies:

52.211-5 Material Requirements (AUG 2000) (non-commercial supplies) 52.222-19 Child Labor-Cooperation with Authorities and Remedies (JAN 2018) 52.222-20 Contracts for Materials, Supplies, Articles and Equipment Exceeding

$15,000 (May 2014) 52.225-1 Buy American Act-Supplies (MAY 2014) (up to $25,000) 52.225-3 Buy American—Free Trade Agreements—Israeli Trade Act

(May 2014) (acquisition of supplies $25,000-$80,000) 52.246-2 Inspection of Supplies--Fixed-Price (AUG 1996) 52.246-17 Warranty of Supplies of a Noncomplex Nature (JUN 2003) 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.)

52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short

Form) (APR 1984) 52.249-8 Default (Fixed-Price Supply and Service)(APR 1984)

SERVICES - Additional clauses applicable to purchase of services:

52.222-17 Nondisplacement of Qualified Workers (MAY 2014) (for service contracts that succeed the same contract in the same location) 52.222-41 Service Contract Labor Standards (AUG 2018) (Applicable to orders over $2,500 subject to the Act.) See Attached a wage determination 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014) 52.222-51 Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014)

52.222-53 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014)

52.224-3 Privacy Training (JAN 2017) 52.237-2 Protection of Government Building, Equipment, and Vegetation (APR

1984) 52.242-15 Stop Work Order (AUG 1989) 52.246-4 Inspection of Services—Fixed Price (AUG 1996) 52.246-20 Warranty of Services (MAY 2001) 52.249-4 Termination for Convenience of the Government (Services) (Short

Form) (APR 1984) 52.249-5 Termination for Convenience of the Government (Educational and

Other Non-Profit Institutions) (SEPT 1996) http://farsite.hill.af.mil/vffara.htm https://acquisition.gov/far/current/html/52_217_221.html#wp1136004 https://acquisition.gov/far/current/html/52_217_221.html#wp1139913 https://acquisition.gov/far/current/html/52_223_226.html#wp1188603 https://acquisition.gov/far/current/html/52_232.html#wp1153351 https://acquisition.gov/far/current/html/52_207_211.html#wp1140926 https://acquisition.gov/far/current/html/52_232.html#wp1153445 https://acquisition.gov/far/current/html/52_223_226.html#wp1169038 https://acquisition.gov/far/current/html/52_222.html#wp1153423 https://acquisition.gov/far/current/html/52_222.html#wp1155380 https://acquisition.gov/far/current/html/52_222.html#wp1162590