Purchase DFAR

Terms and Conditions of Purchase Supplement 2 (DFAR)
Revision: 4 (14 Jan 2021)

1. When the materials or products furnished are for use in connection with a U.S. Government prime contract or subcontract, in addition to Diamond’s Terms and Conditions of Purchase, including Supplement 1 (FAR), the following provisions shall apply. The effective version of each Department of Defense Acquisition Regulation (“DFAR”) provision shall be the same version as that in effect at the time the order is placed.  In the event of a conflict between these provisions and Diamond’s Terms and Conditions of Purchase, including Supplement 1 (FAR), the applicable DFAR provisions shall control.

2. In all clauses listed, the term “Government”, “Contracting Officer”, and “Contractor” shall be revised to suitably identify the parties herein and affect the proper intent of the clause or provision.

3. Seller shall include the following clauses in its lower-tier purchase orders, as required. If any of the following DFAR clauses do not apply to a particular purchase order, such clauses are considered to be self-deleting.

1. APPLICABLE TO ALL ORDERS:

252.203-7002         Requirement to Inform Employees of Whistleblower Rights

252.204-7000         Disclosure of Information

252.204-7008         Compliance with Safeguarding Covered Defense Information Controls

252.204-7009         Limitations on the Use or Disclosure of Third-Party Contractor-Reported Cyber Incident Information

252.204-7012         Safeguarding Covered Defense Information and Cyber Incident Reporting

252.204-7015         Notice of Authorized Disclosure of Information for Litigation Support

252.204-7018         Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

252.204-7019         Notice of NIST SP800-171 DoD Assessment Requirements

252.204-7020         NIST SP800-171 DoD Assessment Requirements

252.209-7001         Disclosure of Ownership or Control by the Government of a Terrorist Country

252.211-7003         Item Unique Identification and Valuation

252.223-7006         Prohibition on Treatment and Disposal of Toxic or Hazardous Materials

252.223-7008         Prohibition of Hexavalent Chromium (unless exception of Subpart.223.7304 applies)

252.225-7001         Buy American and Balance of Payments Program

252.225-7007         Prohibition on Acquisition of United States Munitions List Items from Communist Chinese Military Companies

252.225-7016         Restriction of Acquisition of Ball and Roller Bearings

252.225-7025         Restriction on the Acquisition of Forgings

252.225-7027         Restriction of Contingent Fees for Foreign Military Sales

252.225-7028         Exclusionary Policies and Practices of Foreign Governments

252.225-7036         Buy American – Free Trade Agreements – Balance of Payments Program

252.225-7048         Export-Controlled Items

252.227-7013         Rights in Technical Data – Noncommercial Items

252.227-7015         Technical Data – Commercial Items

252.227-7016         Rights in Bid or Proposal Information

252.227-7025         Limitation on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends

252.227-7026         Deferred Delivery of Technical Data or Computer Software

252.227-7030         Technical Data – Withholding of Payment

252.227-7037         Validation of Restrictive Markings on Technical Data

252.228-7005         Accident Reporting and Investigation Involving Aircraft, Missiles, and Space Launch Vehicles

252.231-7000         Supplemental Cost Principles

252.243-7001         Pricing of Contract Modifications

252.239-7010         Cloud Computing Services

252.239-7018         Supply Chain Risk

252.244-7000         Subcontracts for Commercial Items and Commercial Components

252.246-7001         Warranty of Data

252.246-7003         Notification of Potential Safety Issues

252.246-7007         Contractor Counterfeit Electronic Part Detection and Avoidance System

252-246-7008         Sources of Electronic Parts

252.247-7023         Transportation of Supplies by Sea

252.247-7024         Notification of Transportation of Supplies by Sea

2. ORDERS OVER $150,000 ALSO INCLUDE:

252.249-7002         Notification of Anticipated Contract Terminations or Reductions (less paragraph (d)(1))

252.209-7004         Subcontracts with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism

3. ORDERS OVER $500,000 ALSO INCLUDE:

252.226-7001         Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

4. ORDERS OVER $700,000 ALSO INCLUDE:

252.225-7004         Report of Intended Performance Outside the United States and Canada – Submission After Award

5. ORDERS OVER $1,000,000 ALSO INCLUDE:

252.222-7006         Restrictions on the Use of Mandatory Arbitration Agreements

252.225-7033         Waiver of United Kingdom Levies

6. ORDERS OVER $1,500,000 ALSO INCLUDE:

252.211-7000         Acquisition Streamlining

7. ORDERS OVER $5,500,000 ALSO INCLUDE:

252.203-7004         Display of Hotline Posters

8. ORDERS EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD ALSO INCLDE:

252.203-7001         Prohibition on Persons Convicted of Fraud or Other Defense Contract Related Felonies

252.225-7009         Restriction on Acquisition of Certain Articles Containing Specialty Metals

9. UNLESS OTHERWISE EXEMPT ALSO INCLUDE:

252.215-7000         Pricing Adjustments

252.219-7003         Small Business Subcontracting Plan (DoD Contracts)

4. The Seller, by accepting this Order, hereby certifies compliance to the below.

252.222-7007    Representation Regarding Combating Trafficking in Persons

252.225-7031    Secondary Arab Boycott of Israel

252.225-7035    Buy American-Free Trade Agreements – Balance of Payments Program Certificate Basic