Order Terms

11400 LLC PO Terms and Conditions for Commercial Off-the-Shelf (COTS) and non-COTS Items

• 1. FAR Clauses Applicable to Commercial Items (COTS)

  Pursuant to FAR 52.244-6, the following clauses are incorporated by reference:

  • FAR 52.203-19 - Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements
  • FAR 52.204-21 - Basic Safeguarding of Covered Contractor Information Systems (if applicable)
  • FAR 52.222-21 - Prohibition of Segregated Facilities
  • FAR 52.222-26 - Equal Opportunity
  • FAR 52.222-35 - Equal Opportunity for Veterans (if ≥ $150,000 and not exclusively COTS)
  • FAR 52.222-36 - Equal Opportunity for Workers with Disabilities (if ≥ $15,000)
  • FAR 52.222-37 - Employment Reports on Veterans (when 52.222-35 applies)
  • FAR 52.222-40 - Notification of Employee Rights Under the NLRA (if ≥ $10,000 and not exclusively COTS)
  • FAR 52.222-50 - Combating Trafficking in Persons
  • FAR 52.223-18 - Encouraging Contractor Policies to Ban Text Messaging While Driving
  • FAR 52.225-1 - Buy American Act—Supplies (if applicable)
  • FAR 52.225-13 - Restrictions on Certain Foreign Purchases
  • FAR 52.232-40 - Providing Accelerated Payments to Small Business Subcontractors
• 2. DFARS Clauses Applicable to Commercial Items (DoD Contracts Only)

  For Purchase Orders under DoD contracts, the following DFARS clauses apply as required:

  • DFARS 252.204-7015 - Notice of Authorized Disclosure of Information for Litigation Support
  • DFARS 252.225-7001 - Buy American Act and Balance of Payments Program (if applicable)
  • DFARS 252.225-7048 - Export-Controlled Items
  • DFARS 252.244-7000 - Subcontracts for Commercial Items
• 3. Clause Compliance, Flowdown, and Certification

  The FAR and DFARS clauses listed in Sections 1 and 2 are incorporated by reference into this Purchase Order with the same force and effect as if set forth in full text. By accepting this Purchase Order, the Subcontractor or Supplier:

  • (a) Certifies that it has reviewed and understands the applicable FAR and DFARS clauses;
  • (b) Agrees to comply with all applicable clauses;
  • (c) Shall flow down all applicable clauses to any lower-tier subcontractors and suppliers, as required; and
  • (d) Acknowledges that, in the event of a conflict between these incorporated clauses and any other provision of this Purchase Order, the FAR and DFARS clauses shall prevail to the extent required by law or regulation.
• 4. Governing Law and References

  This Purchase Order shall be governed by and construed in accordance with the laws of the United States of America, including the Federal Acquisition Regulation (FAR) and, where applicable, the Defense Federal Acquisition Regulation Supplement (DFARS). The following clauses are specifically referenced:

  • FAR 52.244-6 - Subcontracts for Commercial Items
  • DFARS 252.244-7000 - Subcontracts for Commercial Items