Foreign Clauses for Non-Commercial.pdf

The following Articles of the Brookhaven Science Associates, LLC General Terms and Conditions for Non-

Commercial Items or Services, as applicable, are hereby deleted in their entirety as indicated, for purchase orders or contracts to any foreign firm furnishing end products or services:

a. Authorization and Consent (DEAR 970.5227-4): Not to be used where both complete performance and delivery are to be outside the United States, its possessions, or Puerto Rico.

b. Patent Indemnity – Subcontracts: Not to be used where both performance and delivery are to be outside the United States, its possessions, or Puerto Rico, unless the award indicates that the supplies are ultimately to be shipped into the United States, its possessions, or Puerto Rico.

c. Notice and Assistance Regarding Patent and Copyright Infringement (DEAR 970.5227-5): Not to be used where both performance and delivery are to be outside the United States, its possessions, or

Puerto Rico, unless the contract indicates that the supplies are ultimately to be shipped into the United

States, its possessions, or Puerto Rico.

d. Affirmative Action for Workers with Disabilities (FAR 52.222-36): Not required when both the performance of the work and the recruitment of workers will occur outside the United States, Puerto

Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

e. Equal Opportunity (FAR 52.222-26): Not required where all the work is to be performed outside the United States and no recruitment of workers within the limits of the United States is involved.

f. Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible

Veterans (FAR 52.222-35): Not required where work is performed outside the United States by employees recruited outside the United States.

g. Preference for Privately-Owned U.S.-Flag Commercial Vessels (FAR 52.247-64): Not required if funding used is being provided under the Foreign Assistance Act of 1961.

h. Walsh-Healey Public Contracts Act: Not required if no part of the materials, supplies, articles, or equipment will be manufactured or furnished within the geographic limits of the United States of

America, Puerto Rico, the Virgin Islands, or the District of Columbia.

i. Utilization of Small Business Concerns (FAR 52.219-8): Not required in purchase orders or contracts to be performed outside any state, territory, or possession of the United States, the District of

Columbia, or Puerto Rico.

j. Employment Reports on Disabled Veterans and Veterans of the Vietnam Era (FAR 52.222-37):

Not required where work is performed outside the United States by employees recruited outside the

United States.

k. Contract Work Hours and Safety Standards Act - Overtime Compensation (FAR 52.222-4): Not required when the work is to be performed outside the United States, Puerto Rico, American Soma, Guam, the Virgin Islands, Outer Continental Shelf Lands, American Samoa, Guam, Wake Island, and

Johnston Island.

l. Toxic Chemical Release Reporting (FAR 52.223-14): Does not apply to facilities located outside any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the U.S. Virgin Islands, the Northern Mariana Islands, or any other territory or possession over which the United States has jurisdiction.