US Government Contract Provisions from the Federal Acquisition Regulations (FAR) / Defense Federal Acquisition Regulations Supplement (DFARS)
1. Stratasys acts as both a contractor and subcontractor to the US government in the sales of its commercial items. As such, Stratasys is subject to the requirements of the Federal Acquisition Regulations (FAR) and Defense Federal Acquisition Regulations Supplement (DFARS). When the materials, parts, and products (“goods”) or services, including the products resulting from services hereby ordered are for use in connection with a United States Government (“Government”) prime contract or higher-tier subcontract, the following FAR/DFARS provisions and clauses shall apply, as required by the terms of the prime contract, or by operation of law or regulation. The effective version of each FAR/DFARS provision and clause shall be the same version as that which appears in Buyer’s prime contract, or higher-tier subcontract under which this Purchase Order is a subcontract. In the event of a conflict between these FAR/DFARS provisions and clauses and the Agreement provisions, the FAR/DFARS provisions and clauses shall control.
2. The following FAR/DFARS provisions and clauses in effect as of the date of the prime contract are incorporated herein, with the same force and effect as if they were given in full text. The full text of a FAR/DFARS provision or clause may be accessed electronically at these addresses: http://farsite.hill.af.mil/ or https://www.acquisition.gov/far/. In all provisions and clauses listed herein, terms shall be revised to suitably identify the party to establish Seller’s obligations to Buyer and to the Government, and to enable Buyer to meet its obligations under the prime contract. Without limiting the generality of the foregoing, and except where further clarified or modified below, the term “Government” and equivalent phrases shall mean “Buyer”, the term “Contracting Officer” shall mean “Buyer’s Purchasing Representative", the term “Contractor” or “Offeror” shall mean “Seller”, “Subcontractor” shall mean “Seller’s Subcontractor” under this Purchase Order, and the term “Contract” shall mean this “Purchase Order”. For the avoidance of doubt, the words “Government” and “Contracting Officer” do not change: when a right, act, authorization, or obligation can be granted or performed only by the Government or the prime contract Contracting Officer or duly authorized representative, for example in FAR 52.227-1 or FAR 52.227-2, or when title to property is to be transferred directly to the Government. If any of the following FAR provisions and clauses do not apply to this Purchase Order, such provisions and clauses are considered to be self-deleting. For the avoidance of doubt, those FAR/DFARS provisions which do not apply because the work are not performed in the US are considered self-deleting. Seller shall incorporate into each lower tier contract issued in support of this Purchase Order all applicable FAR/DFARS provisions and clauses in accordance with the flow down requirements specified in such clauses.
3. From time to time, the FAR/DFARS provisions and clauses may be updated by the US government through change in regulations, change orders to the prime contract, and new subcontracts. Notwithstanding anything to the contrary, these supplemental terms may be updated to Supplier by written notice of Stratasys.
4. The supplier shall report suspected violations of this Appendix immediately to the Stratasys Legal Department.
FAR CLAUSES AND PROVISIONS
52.244-6 Subcontracts for Commercial Items (NOV 2017)
(a) Definitions. As used in this clause—
Commercial item and commercially available off-the-shelf item have the meanings contained in Federal Acquisition Regulation 2.101, Definitions.
Subcontract includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the Contractor or subcontractor at any tier.
(b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial items or nondevelopmental items as components of items to be supplied under this contract.
(c)(1) The Contractor shall insert the following clauses in subcontracts for commercial items:
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509), if the subcontract exceeds $5.5 million and has a performance period of more than 120 days. In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer.
(ii) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5), if the subcontract is funded under the Recovery Act.
(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017).
(iv) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), if the subcontract offers further subcontracting opportunities.
(v) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)), if the subcontract offers further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(vii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212(a));
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).
(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496), if flow down is required in accordance with paragraph (f) of FAR clause 52.222-40.
(xii)(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xiii) 52.222-55, Minimum Wages under Executive Order 13658 (DEC 2015), if flowdown is required in accordance with paragraph (k) of FAR clause 52.222-55.
(xiv)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a) if flow down is required in accordance with 52.224-3(f).
(B) Alternate I (JAN 2017) of 52.224-3, if flow down is required in accordance with 52.224-3(f) and the agency specifies that only its agency-provided training is acceptable).
(xv) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706), if flowdown is required in accordance with paragraph (m) of FAR clause 52.222-62.
(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xvii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013), if flow down is required in accordance with paragraph (c) of FAR clause 52.232-40.
(xviii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. App. 1241 and 10 U.S.C. 2631), if flow down is required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may flow down to subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(d) The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded under this contract.
52.203-6 Restrictions on Subcontractor Sales to the Government.
52.209-5 Certification Regarding Responsibility Matters
52.209-6 Protecting the Government’s Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
52.212-4(i)(5), 52.232-25(d), 52.232-26(c), 52.232-27(l)) and to report possible violations of the Anti-Kickback Act when the contractor “has reasonable grounds to believe that [such a] violation may have occurred.”
FAR 2.203-7(c)(2) Anti-Kickback Procedures.
52.203-14 Display of Hotline Poster(s).
52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495
52.222-18 Certification Regarding Knowledge of Child labor for Listed End Products.
52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).
52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).
52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).
52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).
52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792
52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
APPLICABLE TO PRODUCTS PURCHASED FOR RESALE AND/OR CONTRACT MANUFACTURING
52.215-22 Limitations on Pass-Through Charges—Identification of Subcontract Effort.
52.215-23 Limitations on Pass-Through Charges.
DFARS CLAUSES AND PROVISIONS
252.244-7000 Subcontracts for Commercial Items. (Jun 2013)
(a) The Contractor is not required to flow down the terms of any Defense Federal Acquisition Regulation Supplement (DFARS) clause in subcontracts for commercial items at any tier under this contract, unless so specified in the particular clause.
(b) While not required, the Contractor may flow down to subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligation.
(c) The Contractor shall include the terms of this clause, including this paragraph (c), in subcontracts awarded under this contract, including subcontracts for the acquisition of commercial items.
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
252-204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
252-204-7014 Limitations on the use or Disclosure of Information by Litigation Support Contractors
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
252.203-7002 Requirement to Inform Employees of Whistleblower Rights
252.225-7048 Export-Controlled Items
252.227-7015 Technical Data – Commercial Items
227.227-7037 Validation of Restrictive Markings on Technical Data
227-244-7000 Subcontracts for Commercial Items
252.225-7009 Specialty Metals
252.203-7001 Prohibition on persons convicted of fraud or other defense-contract-related felonies
252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements
252.223-7008 Prohibition of Hexavalent Chromium.
252.225-7009 Restriction on Acquisition of Certain Articles Containing Specialty Metals (a-c), (e)(2).
252.225-7016 Restriction on acquisition of ball and roller bearings.