Clauses_Purchase_Order_Terms__Clauses.doc

US DEPARTMENT OF AGRICULTURE

PURCHASE ORDER TERMS AND CONDITIONS

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. (if any clause referenced below has been superseded, or changed as a result of an authorized deviation, its replacement or the text of the deviation will be shown in the body of the purchase order or in an attachment. Otherwise, the clause text shall be as it appears in the referenced regulation for the date shown. The deviation of these clauses is the Federal Acquisition Regulation (48 CFR Chapter 1) and the Agriculture Acquisition Regulation (48 CRF Chapter 4). Some of the following clauses are limited in their applicability to the order by the conditions shown in a parenthetic remark after the clause date. 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 precluded by FAR 22.2) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging

While Driving (AUG 2011) 52.232-1 Payments. (APR 1984) (NA to personal services.)

52.232-8 Discounts for Prompt Payment. (FEB 2002)

52.232-11 Extras. (APR 1984)

52.232-25 Prompt Payment. (OCT 2008)\ 52.232-39 Unenforceability of Unauthorized Obligations (JUN2013) 52.233-1 Disputes. (JULY 2002)

52.233-2 Service of Protest (SEP 2006) 52.233-3 Protest after Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim.

(OCT 2004)

52.246-1 Contractor Inspection Requirements. (APR 1984)

Apply clauses that apply when applicable:

52.204-3 Taxpayer Identification. (OCT 1998)

52.219-8 Utilization of Small Business Concerns.

(JAN 2011) (Applicable to orders over $10,000 except personal services)

52.222-4 Contract Work Hours and Safety Standards Act- Overtime Compensation. (JUL 2005) Applicable

To orders over $3,000 unless precluded by FAR 22.3

52.222-26 Equal Opportunity. (MAR 2007) (Applicable if

An order, or aggregate orders in a year, exceeds

$10,000)

52.222-35 Equal Opportunity for Veterans (SEP 2010) 52.222-36 Affirmative Action for Workers with Disabilities

(OCT 2010) (Applicable to orders over $3,000)

52.222-37 Employment Reports (SEP 2010)

52.222-50 Combating Trafficking in Person (FEB 2009) 52.223-1 Biobased Product Certification (May 2012)

52.223-4 Recovered Material Certification (May 2008) 52.232-6 Drug-Free Workplace (MAY 2001)

52.223-15 Energy Efficiency (DEC 2007)

52.223-16 IEEE 1680 Standard for the Environmental

Assessment of Personal Computer Products

(DEC 2007)

52.223-18 Encouraging Contractor Policy to Ban Text Messaging While Driving (AUG 2011)

52.223-17 Commercial Computer Software-Restricted

Rights (MAY 2011) (Applicable to orders for

Commercial software)

52.232-23 Assignment of claims EQUIPMENT AND SUPPLIES, Additional clauses applicable to the purchase of equipment and supplies

52.222-20 Walsh-Healey Public Contracts Act. (OCT 2010) 52.225-1 Buy American Act-Supplies (FEB 2009)

52.225-3 Buy American Act-North American Free Trade-

Agreement-Israeli Trade Act (MAR 2012) 52.225-13 Restrictions on certain Foreign Purchases (JUN 2008) 52.225-18 Place of Manufacture (Sept 2006) 52.239-1 Privacy or Security Safe Guards (AUG 1996)

52.243-1 Changes-Fixed Price (AUG 1987)

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)

SERVICES, Additional clauses applicable to purchase of services:

52.222-41 Service Contract Labor Standards (MAY 2014) 52.222-42 Statement of Equivalent Rates for Federal Hires.

(MAY 1989) (If applicable, rates shown in text of order)

52.222-44 Fair Labor Standards Act and Service Contract

Act Price Adjustment. (SEP 2009) 52.237-1 Site Visit (APR 1984) 52.237-2 Protection of Government Buildings, Equipment and

Vegetation (APR 1984)

52.237-8 Restriction on Severance Payments to Foreign Nationals

(AUG 2003)

52.237-10 Identification of Uncompensated Overtime (OCT 1997) 52.243-1 Changes-Fixed Price (*AUG 1987) Alternate 1

(APR 1984)

52.249-4 Termination for Convenience of the Government

(Services) (Short Form) (APR 1984)

52.2479-5 Termination for Convenience of the Government

(SEP 1996) (Educational and Other Non-Profit

Institutions.)

COMMERCIAL ITEM ACQUISITION

52.212-1 Instructions to Offerors-Commerical Items (FEB 2012)

52.212-2 Evaluation-Commercial Items (JAN 1999)

52.212-3 Offeror Representations and Certifications-

Commercial Items (APR 2012)

52.212-4 Contract Terms and Conditions-Commercial

Items (FEB 2012)

52.212-5 Contract Terms and Conditions Required to

Implement Statutes or Executive Orders-Commercial Items (APR 2012)

52.225-25 Prohibition on Contracting with Entities Engaging

In Sanctioned Activities Relating to Iran- Representation and Certification

52.232-33 Payment by EFT-other than System for Award Management (Jul 2013) 52.232-36 Payment by Third Party (FEB 2010)

52.244-6 Subcontracts for Commercial Items

(DEC 2010)

AGAR 452.209-70

Representation by corporations regarding an unpaid delinquent tax liability or a felony conviction. (Deviation 2012-01) (FEB 2012)

THROUGH FAC 2005-74 June 11, 2014 Issues 6/11/2014

R