RIX Industries Flow Downs

9/9/2022

Description:

Customer Contract Requirements - Department of Defense (DoD) Contracts

Clause:

Customer Contract Requirements - Department of Defense (DoD) Contracts The following customer contract requirements apply to this contract to the extent indicated below. If this contract is for the procurement of commercial products and/or commercial services under a Government prime contract, as defined in FAR Part 2.101, Section 3 replaces the requirements of Sections 1 and 2 below. Please note, the requirements below are developed in accordance with Buyer’s prime contract and are not modified by Buyer for each individual Seller or statement of work. Seller will remain at all times responsible for providing to any government agency, Buyer, or Buyer’s customer, evidence of compliance with the requirements herein or that such requirements are not applicable to the extent satisfactory to the requesting party. 1. FAR Clauses: The following contract clauses are incorporated by reference from the Federal Acquisition Regulation and apply to the extent indicated. In all of the following clauses, "Contractor" and "Offeror" mean Seller. 52.203-6 Restrictions on Subcontractor Sales to the Government (JUN 2020). This clause applies if the contract exceeds the simplified acquisition threshold, as defined in the Federal Acquisition Regulation 2.101 on the date of this contract award. 52.203-7 Anti-Kickback Procedures (JUN 2020). Buyer may withhold from sums owed Seller the amount of any kickback paid by Seller or its subcontractors at any tier if (a) the Contracting Officer so directs, or (b) the Contracting Officer has offset the amount of such kickback against money owed Buyer under the prime contract. This clause, excluding subparagraph (c)(1), applies if this contract exceeds the threshold specified in FAR 3.502-2(i) on the date of this contract award. 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (MAY 2014). This clause applies to this contract if the Seller, its employees, officers, directors or agents participated personally and substantially in any part of the preparation of a proposal for this contract. The Seller shall indemnify Buyer for any and all losses suffered by the Buyer due to violations of the Act (as set forth in this clause) by Seller or its subcontractors at any tier. 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014). If the Government reduces Buyer's price or fee for violations of the Act by Seller or its subcontractors at any tier, Buyer may withhold from sums owed Seller the amount of the reduction. 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (SEP 2007). 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN 2020). This clause applies if this contract exceeds the threshold specified in FAR 3.808 on the date of this contract award. Paragraph (g)(2) is modified to read as follows: "(g)(2) Seller will promptly submit any disclosure required (with written notice to Boeing) directly to the PCO for the prime contract. Boeing will identify the cognizant Government PCO at Seller's request. Each subcontractor certification will be retained in the subcontract file of the awarding contractor."52.203-13 Contractor Code of Business Ethics and Conduct (NOV 2021). This clause applies if this contract exceeds the threshold specified in FAR 3.1004 (a) on the date of this contract award and has a period of performance of more than 120 days. 52.203-14 Display of Hotline Poster(s) (NOV 2021). This clause applies if this contract exceeds the threshold specified in Federal Acquisition Regulation 3.1004 (b)(1) on the date of this contract award, except if the contract is for the acquisition of a commercial product or commercial service or is performed entirely outside the United States. 52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (JUN 2010). This clause applies if this contract is funded in whole or in part with Recovery Act funds. 52.203-16 Preventing Personal Conflicts of Interest (JUN 2020). This clause applies if this contract exceeds the simplified acquisition threshold as defined in Federal Acquisition Regulation 2.101 on the date of this contract award, and where Seller’s employees will perform acquisition functions closely associated with inherently governmental functions, as defined in paragraph (a) of the clause. The term Contracting Officer means Buyer. In paragraph (a), under the definition of “Covered employee”, in subparagraph (1), Contractor means Seller and in subparagraph (2), the term subcontractor means Seller and Contractor means Buyer if Seller is a self-employed individual. 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (JUN 2020). This clause applies if this contract is over the simplified acquisition threshold, as defined in FAR 2.101 on the date of this contract award. 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017). 52.204-2 Security Requirements (MAR 2021). The reference to the Changes clause means the Changes clause of this contract. This clause applies if the is contract involves access to classified information. 52.204-7 System for Award Management (OCT 2018). 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011). This clause applies if performance under this contract requires Seller to have routine physical access to a Federally-controlled facility and/or routine access to a Federally controlled information system. 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020). Delete all paragraphs and replace with the following: "If Seller meets the executive compensation reporting requirements of 52.204-10, Seller shall provide the required executive compensation information by maintaining an active registration in the U.S. Government System for Award Management (SAM) in accordance with 52.204-7. The required information of 52.204-10 will be made public." 52.204-13 System for Award Management Maintenance (OCT 2018). 52.204-14 Service Contract Reporting Requirements (OCT 2016). In this clause, “Contractor” means “Buyer.” Seller shall submit the information required by paragraph (f) (1) for services performed under this contract at or above the thresholds set forth in 4.1703(a)(2), during the preceding fiscal year (October 1-Sept 30) to Buyer annually by Oct. 15th. In accordance with paragraph (f) (2), this information will be made available to the public as required by section 743 of Division C of the Consolidated Appropriations Act, 2010. 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020). Seller shall maintain their CAGE code(s) throughout the life of the contract. 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (NOV 2021). This clause applies if Seller may have Federal contract information residing in or transiting through its information system. 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021). In paragraph (b)(1), the term "Government" means "Government or Buyer". Paragraph (c)(1) is deleted and replaced with the following: “In the event Seller identifies covered articles provided to the Government or Buyer during contract performance, or Seller is notified of such by a subcontractor at any tier or any other source, Seller shall report the information in paragraph (c)(2) of this clause in writing, via email, to Buyer's Authorized Procurement Representative.” 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021). Paragraph (b)(2) is deleted. Paragraph (d)(1) is deleted and replaced with the following: "In the event Seller identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or Seller is notified of such by a subcontractor at any tier or any other source, Seller shall report the information in paragraph (d)(2) of this clause via email to Buyer's Authorized Procurement Representative, with the required information in the body of the email. 52.209-6 Protecting the Government's Interests When Subcontracting with Contractors Debarred, Suspended or Proposed for Debarment (NOV 2021). This clause applies if the contract exceeds the threshold specified in FAR 9.405-2(b) on the date of this contract award. Seller agrees it is not debarred, suspended, or proposed for debarment by the Federal Government. Seller shall disclose to Buyer, in writing, whether as of the time of award of this contract, Seller or its principals is or is not debarred, suspended, or proposed for debarment by the Federal Government. This clause does not apply to contracts where Seller is providing commercially available off- the shelf items. 52.211-5 Material Requirements (AUG 2000). Any notice will be given to Buyer rather than the Contracting Officer. 52.211-15 Defense Priority and Allocation Requirements (APR 2008). This clause is applicable if a priority rating is noted in this contract.52.215-2 Audit and Records - Negotiation (JUN 2020). This clause applies if this contract exceeds the simplified acquisition threshold, as defined in FAR 2.101 on the date of this contract award and (i) is cost- reimbursement, incentive, time-and materials, labor-hour, or price-redeterminable type or any combination of these types; (ii) for which cost or pricing data is required, or (iii) that require Seller to furnish reports as discussed in paragraph (e) of this clause. Notwithstanding the above, Buyer's rights to audit Seller are governed by the Financial Records and Audit article of the General Provisions incorporated in the contract. 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data (AUG 2011). This clause applies if this contract exceeds the threshold set forth in FAR 15.403- 4 and is not otherwise exempt. In subparagraph (3) of paragraph (a), insert "of this contract" after "price or cost." In Paragraph (c), "Contracting Officer" shall mean "Contracting Officer or Buyer." In Paragraphs (c)(1), (c)(1)(ii), and (c)(2)(i), "Contracting Officer" shall mean "Contracting Officer or Buyer." In Subparagraph (c)(2)(i)(A), delete "to the Contracting Officer." In Subparagraph (c)(2)(ii)(B), "Government" shall mean "Government or Buyer." In Paragraph (d), "United States" shall mean "United States or Buyer." 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data – Modifications (DEVIATION 2022-O0001) (OCT 2021). This clause applies if there is modification to the contract involving a pricing adjustment expected to exceed $2 million) on the date of execution of the modification, except the clause does not apply to any modification if an exception under FAR 15.403-1(b) applies. "Contracting Officer" shall mean "Contracting Officer or Buyer." In subparagraph (d)(2)(i)(A), delete "to the Contracting Officer." In subparagraph (d)(2)(ii)(B), "Government" means "Government" or "Buyer." In Paragraph (e), "United States" shall mean "United States or Buyer." 52.215-12 Subcontractor Certified Cost or Pricing Data (DEVIATION 2022- O0001) (OCT 2021). This clause applies if this contract exceeds $2 million, on the date of agreement on price or the date of award, whichever is later, or if there is a contract modification involving a price adjustment expected to exceed $2 million, and is not otherwise exempt. The certificate required by paragraph (b) is modified as follows: delete "to the Contracting Officer or the Contracting Officer's representative" and substitute in lieu thereof "to The Boeing Company or The Boeing Company's representative (including data submitted, when applicable, to an authorized representative of the U.S. Government)." 52.215-13 Subcontractor Certified Cost or Pricing Data -- Modifications (DEVIATION 2022-O0001) (OCT 2021). This clause applies if this contract exceeds $2 million on the date of agreement on price or the date of award, whichever is later. The certificate required by paragraph (c) of the referenced clause shall be modified as follows: delete "to the Contracting Officer or the Contracting Officer's representative" and substitute in lieu thereof "to The Boeing Company or The Boeing Company's representative (including data submitted, when applicable, to an authorized representative of the U.S. Government)." 52.215-14 Integrity of Unit Prices (NOV 2021). This clause applies except for contracts at or below the simplified acquisition threshold in Federal Acquisition Regulation (FAR) 2.101 on the date of this contract award; construction or architectengineer services under FAR Part 36; utility services under FAR Part 41; services where supplies are not required; commercial products and commercial services; and petroleum products. Paragraph (b) of the clause is deleted. 52.215-15 Pension Adjustments and Asset Reversions (OCT 2010). This clause applies to this contract if it meets the requirements of FAR 15.408(g). 52.215-18 Reversion or Adjustment of Plans for Post-Retirement Benefits (PRB) Other Than Pensions (JUL 2005). This clause applies to this contract if it meets the requirements of FAR 15.408(j). 52.215-19 Notification of Ownership Changes (OCT 1997). This clause applies to this contract if it meets the requirements of FAR 15.408(k). 52.215-21 Requirement for Certified Cost or Pricing Data or Information Other Than Certified Cost and Pricing Data - Modifications (NOV 2021). This clause applies if price adjustments for modifications under this contract are expected to exceed the threshold set forth in FAR 15.403-4(a)(1) on the date of the agreement on price or the date of this contract award, whichever is later. The term "Contracting Officer" shall mean Buyer. Insert the following in lieu of paragraph (a)(2): Buyer’s audit rights to determine price reasonableness shall also apply to verify any request for an exception under this clause. For items priced using catalog or market prices, or law or regulation, access does not extend to cost or profit information or other data relevant solely to the Contractor’s determination of the prices to be offered in the catalog or marketplace. 52.215-23 Limitations on Pass-Through Charges. (JUN 2020). This clause applies if the contract is a cost-reimbursement contract that exceeds the simplified acquisition threshold, as defined in FAR 2.101 on the date of this contract award. If the contract is with DoD, then this clause applies if the contract is a cost-reimbursement contracts or fixed-price contract, except those identified in 15.408(n)(2)(i)(B)(2), that exceeds the threshold for obtaining cost or pricing data in FAR 15.403-4 on the date of this contract award. In paragraph (c), "Contracting Officer" means Buyer. 52.219-8 Utilization of Small Business Concerns (OCT 2018). 52.219-9 Small-Business Subcontracting Plan (NOV 2021). This clause applies if this contract exceeds the applicable threshold specified in FAR 19.702(a) on the date of this contract award and Seller is not a small business concern. Seller shall adopt a subcontracting plan that complies with the requirements of this clause. In addition, Seller shall submit to Buyer Form X31162, Small Business Subcontracting Plan Certificate of Compliance. In accordance with paragraph (d)(10)(v), Seller agrees that it will submit the ISR and/or SSR using eSRS, and, in accordance with paragraph (d)(10)(vii), Seller agrees to provide the prime contract number, its own DUNS number, and the email address of Seller's official responsible for acknowledging or rejecting the ISRs, to its subcontractors with subcontracting plans. To obtain the information required by (d)(10) (vi), contact Buyer’s Authorized Procurement Agent. 52.219-28 Post-Award Small Business Program Representation (SEP 2021). In paragraph (b) and (c), delete "...or, if applicable paragraph (h) of this clause..." Delete paragraph (d) and insert the following paragraph (d) in lieu thereof: "Seller shall represent its size status in accordance with SBA's size code standards in effect at the time of this representation to Buyer. The size status shall correspond to the North American Industry Classification System (NAICS) code applicable to Seller's contract." Delete paragraphs (e) and (h). Delete paragraph (f) and insert the following paragraph (f) in lieu thereof: "Seller shall make the representation required by paragraphs (b) and (c) of this clause by submitting an updated Buyer Form F70102 or updating Seller's profile information on line in Buyer's SPVR system." 52.222-4 Contract Work Hours and Safety Standards Act-Overtime Compensation (MAY 2018). This clause applies if the contract requires or involves the employment of laborers and mechanics. Buyer may withhold or recover from Seller the amount of any sums the Contracting Officer withholds or recovers from Buyer because of liabilities of Seller or its subcontractors under this clause. 52.222-19 Child Labor - Cooperation with Authorities and Remedies (JAN 2022). In paragraph (b), the term “solicitation” refers to the prime solicitation. In paragraph (d), the term "Contracting Officer" means Buyer. 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (JUN 2020). This clause applies if this contract is for the manufacture or furnishing of materials, suppliers, articles, or equipment in an amount that exceeds or may exceed the threshold specified in FAR 22.602 on the date of award of the prime contract. 52.222-21 Prohibition of Segregated Facilities (APR 2015). 52.222-26 Equal Opportunity (SEP 2016). 52.222-35 Equal Opportunity for Veterans. (JUN 2020). This clause applies if this contract is valued at or above the threshold specified in FAR 22.1303(a) on the date of this contract award, unless exempted by rules, regulations, or orders of the Secretary of Labor. 52.222-36 Affirmative Action for Workers with Disabilities (JUN 2020). This clause applies if this contract is in excess of the threshold specified in Federal Acquisition Regulation (FAR) 22.1408(a) on the date of this contract award, unless exempted by rules, regulations, or orders of the Secretary. 52.222-37 Employment Reports on Veterans (JUN 2020). This clause applies if this contract is valued at or above the threshold specified in FAR 22.1303(a) on the date of this contract award, unless exempted by rules, regulations, or orders of the Secretary of Labor.52.222-40 Notification of Employee Rights Under the National Labor Relations Act. (DEC 2010). This clause applies if the contract exceeds $10,000 and will be performed wholly or partially in the United States, unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to section 3 of Executive Order 13496 of January 30, 2009. 52.222-41 Service Contract Labor Standards (AUG 2018). This clause applies if this contract is subject to the Service Contract Labor Standards statute. Where applicable, Wage Determination(s) shall be attached to the purchase contract at the time of award, or furnished upon request. 52.222-50 Combating Trafficking in Persons (NOV 2021). The term “Contractor” shall mean “Seller”, except in the paragraph (a) definition of “Agent”, and except when the term “prime contractor” appears, which shall remain unchanged. The term “Contracting Officer” shall mean “Contracting Officer and the Buyer's Authorized Procurement representative in paragraph (d)(1). Paragraph (d)(2) shall read as follows: “If the allegation may be associated with more than one contract, the Seller shall inform the Buyer's Authorized Procurement Representative for each affected contract.” The term “the Government” shall mean “the Government and Buyer” in paragraph (e). The term “termination” shall mean “cancellation” and “Cancellation for Default”, respectively, in paragraph (e)(6). The term “Contracting Officer” shall mean “Contracting Officer and Buyer” in paragraph (f), except in paragraph (f)(2), where it shall mean “Contracting Officer or Buyer”. Paragraph (h)(2)(ii) shall read as follows: “To the nature and scope of the activities involved in the performance of a Government subcontract, including the number of non-United States citizens expected to be employed and the risk that the contract or subcontract will involve services or supplies susceptible to trafficking in persons.” The term “Contracting Officer” shall mean “Contracting Officer or Buyer” in paragraph (h)(4)(ii). The term “Contracting Officer” shall mean “Buyer” in paragraph (h)(5). 52.222-54 Employment Eligibility Verification (MAY 2022). This clause applies if the Contract (1) is for (i) services (except for commercial services that are part of the purchase of a COTS item (or an item that would be a COTS item, but for minor modifications), performed by the COTS provider, and are normally provided for that COTS item), or (ii) construction; (2) has a value of more than $3,500; and (3) includes work performed in the United States. 52.222-55 Minimum Wages Under Executive Order 13658 (JAN 2022). This clause applies if this contract is subject to the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, and is to be performed in whole or in part in the United States. "Contracting Officer" shall mean "Buyer" except for paragraphs (e)(2), (4) and (g). If the Government exercises a withhold identified in the paragraph (g) against Buyer as a result of the Seller’s violation of its obligations under this clause, Buyer may impose that withhold against the Seller. 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022). This clause applies if the Contract is subject to the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, and are to be performed in whole or in part in the United States. 52.223-3 Hazardous Material Identification and Material Safety Data (FEB 2021). This clause applies if hazardous material, as defined in paragraph (a) of the clause, is to be delivered under this contract. 52.223-7 Notice of Radioactive Materials (JAN 1997). This clause applies if this contract involves (i) radioactive material requiring specific licensing under the regulations issued pursuant to the Atomic Energy Act of 1954, as amended, as set forth in Title 10 of the Code of Federal Regulations, in effect on the date of this contract, or (ii) other radioactive material not requiring specific licensing in which the specific activity is greater than 0.002 microcuries per gram or the activity per item equals or exceeds 0.01 microcuries. "Contracting Officer" shall mean Buyer. In the blank in paragraph (a), insert "60 days." 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016). Seller shall submit the information required by paragraph (c) (1) annually to Buyer by October 15th during each year of contract performance, and at the end of contract performance. 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020). This clause applies if the contract exceeds the micro-purchase threshold, as defined in Federal Acquisition Regulation 2.101 on the date of this contract award. 52.224-2 Privacy Act (APR 1984). This clause applies if the contract requires the design, development, or operation of a system of records contemplated by this clause. 52.224-3 Privacy Training (JAN 2017). The term "Contracting Officer" shall mean "Contracting Officer or Buyer". 52.225-13 Restriction on Certain Foreign Purchases (FEB 2021). 52.225-26 Contractors Performing Private Security Functions Outside the United States (OCT 2016). This clause applies if the Contract will be performed outside the United States in areas of (1) combat operations as designated by the Secretary of Defense; or (2) other significant military operations, upon agreement of the Secretaries of Defense and State that the clause applies in that area. In paragraph (d)(1), Contracting Officer shall mean "Contracting Officer or Buyer" and in paragraph (d) (3), Contracting Officer shall mean Buyer. 52.227-1 Authorization and Consent (JUN 2020). This clause applies if the contract is expected to exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation (FAR) 2.101 on the date of this contract award. 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (JUN 2020). This clause applies if the contract is expected to exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation (FAR) 2.101 on the date of this contract award. A copy of each notice sent to the Government will be sent to Buyer. 52.227-9 Refund of Royalties (APR 1984). This clause applies if the amount of royalties reported during negotiation of this contract exceeds $250. 52.227-10 Filing of Patent Applications - Classified Subject Matter (DEC 2007). This clause applies if the contract covers or is likely to cover classified subject matter.52.227-11 Patent Rights -- Ownership by the Contractor (MAY 2014). This clause applies if this contract is for experimental, developmental, or research work and Seller is a small business concern or nonprofit organization. In this clause, "Contractor" means Contractor, references to the Government are not changed and the subcontractor has all rights and obligations of the Contractor in the clause. 52.227-13 Patent Rights Patent Rights-Ownership by the Government (DEC 2007). This clause applies if the contract is for experimental, developmental, or research work. In this clause, "Contractor" means Contractor, references to the Government are not changed and the subcontractor has all rights and obligations of the Contractor in the clause. 52.227-14 Rights in Data-General (MAY 2014). 52.230-2 Cost Accounting Standards (JUN 2020). Paragraph (b) of this clause is excluded. In this clause, "Contractor" shall mean Seller. Seller shall comply with the clause in effect on Seller’s award date or if Seller has submitted certified cost or pricing data, on the date of final agreement on price as shown on Seller’s signed Certificate of Current Cost or Pricing Data.52.230-6 Administration of Cost Accounting Standards (JUN 2010). Add "Buyer and the" before "CFAO" in paragraph (m). 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (NOV 2021). This clause applies if Seller is a small business concern. The term “Contractor” retains its original meaning. 52.234-1 Industrial Resources Developed Under Title III Defense Production Act (SEP 2016). 52.236-13 Accident Prevention (NOV 1991). The term "Contracting Officer" shall mean Buyer. 52.244-6 Subcontracts for Commercial Products and Commercial Services (JAN 2022). Clauses in paragraph (c)(1) are applicable to Seller for commercial products and commercial services ordered by Buyer from Seller under this contract. 52.245-1 Government Property (SEP 2021). This clause applies if Government property is acquired or furnished for contract performance. "Government" shall mean Government throughout except the first time it appears in paragraph (g)(1) when "Government" shall mean the Government or the Buyer.52.246-1 Contract Inspection Requirements (APR 1984). The term “Government” means “Government or Buyer.” 52.246-2 Inspection of Supplies-Fixed Price (AUG 1996). The term “Government” means “Government and/or Buyer”, except in paragraph (b) the second time it appears, and paragraphs (f), (h), (j), and (l), where the term “Government” means “Buyer”. The term “Contracting Officer” means “Buyer”. 52.246-11 Higher-Level Contract Quality Requirement (DEC 2014). For the applicable higher-level quality standards, refer to the quality requirements defined at the contract line item level. 52.247-63 Preference for U.S.-Flag Air Carriers (JUN 2003). This clause applies if this contract involves international air transportation. 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021). This clause does not apply if this contract is for the acquisition of commercial products or commercial services unless (i) this contract is a contract or agreement for ocean transportation services; or a construction contract; or (ii) the supplies being transported are (a) items the Seller is reselling or distributing to the Government without adding value (generally, the Seller does not add value to the items when it subcontracts items for f.o.b. destination shipment); or (b) shipped in direct support of U.S. military (1) contingency operations; (2) exercises; or (3) forces deployed in connection with United Nations or North Atlantic Treaty Organization humanitarian or peacekeeping operations. 52.248-1 Value Engineering (JUN 2020). This clause applies if this contract is valued at or above the simplified acquisition threshold, as defined in FAR 2.101 on the date of this contract award. The term “Contractor” means Seller. The term "Contracting Officer" means Buyer. The term "contracting office" means US Government contracting office. The term "Government" means Buyer except in subparagraph (c)(5). The term "Government" does not mean Buyer as it is used in the phrase "Government costs”. Paragraph (d) shall read as follows: The Seller shall submit VECP’s to the Buyer. Subparagraph (e)(1) shall read as follows: The Buyer will notify the Seller of the status of the VECP after receipt. The Buyer will process VECP’s expeditiously; however, it will not be liable for any delay in acting upon a VECP. Paragraph (m) shall read as follows: (m) Data. The Seller may restrict the Government’s right to use any part of a VECP or the supporting data by marking the following legend on the affected parts: These data, furnished under the Value Engineering clause of contract, shall not be disclosed outside the Buyer and Government or duplicated, used, or disclosed, in whole or in part, for any purpose other than to evaluate a value engineering change proposal submitted under the clause. This restriction does not limit the Buyer’s and Government’s right to use information contained in these data if it has been obtained or is otherwise available from the Seller or from another source without limitations. If a VECP is accepted, the Seller hereby grants the Government unlimited rights in the VECP and supporting data, except that, with respect to data qualifying and submitted as limited rights or Government purpose rights technical data, the Government shall have the rights specified in the contract modification implementing the VECP and Seller shall appropriately mark the data. (The terms “unlimited rights” a “limited rights” and “Government purpose rights” are defined in Part 27 of the Federal Acquisition Regulation (“FAR”) or Part 227 of the Defense FAR Supplement, as applicable.) Seller’s share of the net acquisition savings and collateral savings shall not reduce the Government's share of concurrent or future savings or collateral savings. Buyer's payments to Seller under this clause are conditioned upon Buyer's receipt of authorization for such payments from the Government. 52.251-1 Government Supply Sources (APR 2012). This clause applies if Seller is notified by Buyer in writing that Seller is authorized to purchase from Government supply sources in the performance of this contract. 2. DoD FAR Supplement Clauses The following contract clauses are incorporated by reference from the Department of Defense Federal Acquisition Regulation Supplement and apply to the extent indicated. In all of the following clauses, "Contractor" and "Offeror" mean Seller except as otherwise noted. 252.203-7001 Prohibition on Persons Convicted of Fraud or Other DefenseContract-Related Felonies (DEC 2008). This clause applies if this contract exceeds the simplified acquisition threshold in Part 2 of the Federal Acquisition Regulation, and is not for the purchase of commercial items or commercial components. Except in paragraph (a), "this contract" and "the contract" mean the contract between Buyer and Seller. In subparagraph (d)(2), delete the words "or first-tier subcontractor." In paragraph (e), the remedies described in subparagraphs (2) and (3) are available to Buyer, not the Government. In paragraph (f), "through the Buyer" is inserted after "Contracting Officer." Paragraph (g) is deleted. 252.203-7002 Requirement to Inform Employees of Whistleblower Rights (SEP 2013). 252.203-7003 Agency Office of the Inspector General. (AUG