Purchase FAR

Terms and Conditions of Purchase Supplement 1 (FAR)
Revision:  3  (23 Sep 2020)

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 the following provisions shall apply.  The effective version of each Federal Acquisition Regulation (“FAR”) 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, the applicable FAR 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 FAR clauses do not apply to a particular purchase order, such clauses are considered to be self-deleting.

1. APPLICABLE TO ALL ORDERS:

52.203-3             Gratuities

52.203-5             Covenant Against Contingent Fees

52.203-10           Price or Fee Adjustment for Illegal or Improper Activity

52.204-2             Security Requirements

52.204-9             Personal Identity Verification of Contractor Personnel

52.204-21           Basic Safeguarding of Covered Contractor Information Systems

52.204-23           Prohibition on Contracting with Kaspersky Lab and Other Covered Entities

52.204-25           Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

52.209-10           Prohibition on Contracting with Inverted Domestic Corporations

52.211-5             Material Requirements

52.211-15           Defense Priority and Allocation Requirements

52.215-15           Pension Adjustments and Asset Reversions

52.215-18           Reversion or Adjustment of Plans for Post-Retirement Benefits (PRB) Other than Pensions

52.215-19           Notification of Ownership Changes

52.219-8             Utilization of Small Business Concerns

52.222-3             Convict Labor

52.222-4             Contract Work Hours and Safety Standards – Overtime Compensation

52.222-41           Service Contract Labor Standards

52.222-50           Combating Trafficking in Persons

52.222-55           Minimum Wages Under Executive Order 13658

52.223-3             Hazardous Material Identification and Material Safety Data

52.223-6             Drug-Free Workplace

52.223-7             Notice of Radioactive Materials

52.223-11           Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons

52.223-18           Encouraging Contractor Policies to Ban Text Messaging While Driving

52.225-1             Buy American Act – Supplies

52.225-13           Restrictions on Certain Foreign Purchases

52.227-10           Filing of Patent Applications – Classified Subject Matter

52.227-11           Patent Rights – Ownership by the Contractor

52.227-14           Rights in Data – General

52.232-40           Providing Accelerated Payments to Small Business Subcontractors

52.233-3             Protest After Award

52.236-13           Accident Prevention

52.244-5             Competition in Subcontracting

52.244-6             Subcontracts for Commercial Items

52.245-1             Government Property

52.245-9             Use and Charges

52.246-2             Inspection of Supplies – Fixed Price

52.246-16           Responsibility for Supplies

52.247-63           Preference for U.S.-Flag Air Carriers

52.247-64           Preference for Privately Owned U.S.-Flag Commercial Vessels

52.248-1             Value Engineering

52.249-2             Termination for Convenience of the Government (Fixed Price)

52.249-8             Default (Fixed-Price Supply & Services)

2. ORDERS OVER $3,500 ALSO INCLUDE:

52.222-54           Employment Eligibility Verification

3. ORDERS OVER $10,000 ALSO INCLUDE:

52.222-21           Prohibition of Segregated Facilities

52.222-26           Equal Opportunity

52.222-40           Notification of Employee Rights Under the National Labor Relations Act

4. ORDERS OVER $15,000 ALSO INCLUDE:

52.222-20           Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000

52.222-36           Equal Opportunity for Workers with Disabilities

5. ORDERS OVER $30,000 ALSO INCLUDE:

52.204-10           Reporting Executive Compensation and First-Tier Subcontract Awards

6. ORDERS OVER $35,000 ALSO INCLUDE:

52.209-6             Protecting the Government’s Interests When Contracting with Contractors Debarred, Suspended, or Proposed for Debarment

7. ORDERS OVER $150,000 ALSO INCLUDE:

52.203-7             Anti-Kickback Procedures

52.203-12           Limitation on Payments to Influence Certain Federal Transactions

52.203-16           Preventing Personal Conflicts of Interest

52.222-35           Equal Opportunity for Veterans

52.222-37           Employment Reports on Veterans

8. ORDERS OVER $500,000 ALSO INCLUDE:

52.222-60           Paycheck Transparency

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

52.203-13           Contractor Code of Business Ethics and Conduct

52.203-14           Display of Hotline Poster(s)

10. ORDERS EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD ALSO INCLDE:

52.203-6             Restrictions on Subcontractor Sales to the Government

52.203-17           Contractor Employee Whistleblower Rights

52.215-2             Audit and Records Negotiation

52.215-14           Integrity of Unit Prices (less paragraph b)

52.215-22           Limitations on Pass-Through Charges – Identification of Subcontract Effort

52.215-23           Limitations on Pass-Through Charges

52.222-17           Nondisplacement of Qualified Workers

52.227-1             Authorization and Consent

52.227-2             Notice and Assistance Regarding Patent and Copyright Infringement

11. UNLESS OTHERWISE EXEMPT ALSO INCLUDE:

52.215-10           Price Reduction for Defective Certified Cost or Pricing Data

52.215-11           Price Reduction for Defective Certified Cost or Pricing Data Modifications

52.215-12           Subcontractor Certified Cost or Pricing Data

52.215-13           Subcontractor Certified Cost or Pricing Data – Modifications

52.215-20           Requirements for Certified Cost or Pricing Data and Data Other than Certified Cost or Pricing Data

52.215-21           Requirements for Certified Cost or Pricing Data and Data Other than Certified Cost or Pricing Data – Modifications

52.219-9             Small Business Subcontracting Plan

52.230-2             Cost Accounting Standards

52.230-3             Disclosure and Consistency of Cost Accounting Practices

52.230-6             Administration of Cost Accounting Standards

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

52.203-11           Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions

52.209-5             Certification Regarding Responsibility Matters

52.222-18           Certification Regarding Knowledge of Child Labor