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B Cobalt alloys that contain a total of alloying metals other than cobalt and iron in excess of 10 percent;. C Offered to the Government, under this contract or a subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and.

The term does not include structural or mechanical parts of an assembly containing an electronic component, and does not include any high performance magnets that may be used in the electronic component.

Except as provided in paragraph c of this clause, any specialty metals incorporated in items delivered under this contract shall be melted or produced in the United States, its outlying areas, or a qualifying country.

The restriction in paragraph b of this clause does not apply to—. A Specialty metal mill products, such as bar, billet, slab, wire, plate, or sheet, that have not been incorporated into COTS end items, subsystems, assemblies, or components;. B Forgings or castings of specialty metals, unless the forgings or castings are incorporated into COTS end items, subsystems, or assemblies;. C Commercially available high performance magnets that contain specialty metal, unless such high performance magnets are incorporated into COTS end items or subsystems; and.

A Specialty metals in a COTS item that was accepted without modification by the next higher tier are excepted from the restriction in paragraph b of this clause, and remain excepted, even if a piece of the COTS item subsequently is removed e. B Specialty metals that were not contained in a COTS item upon acceptance, but are added to the COTS item after acceptance, are subject to the restriction in paragraph b of this clause e.

However, if a COTS item is offered to the Government with an option that is not normally offered in the commercial marketplace, that option is subject to the restriction in paragraph b of this clause e. The Department of Defense requests a military-unique kit.

The aircraft is still a COTS item, but the military-unique kit is not a COTS item and must comply with the restriction in paragraph b of this clause unless another exception applies. In accordance with 10 U. This exception does not apply to high performance magnets containing specialty metals. A An amount equivalent to percent of the amount of specialty metal that is required to carry out the production of the commercial derivative military article including the work performed under each subcontract ; or.

B An amount equivalent to 50 percent of the amount of specialty metal that will be purchased by the Contractor and its subcontractors for use during such period in the production of the commercial derivative military article and the related commercial article.

When inserting this clause in subcontracts, the Contractor shall—. The minimal content exception does not apply to specialty metals contained in high-performance magnets; and. Supercomputers delivered under this contract shall be manufactured in the United States or its outlying areas. Clothing includes items such as outerwear, headwear, underwear, nightwear, footwear, hosiery, handwear, belts, badges, and insignia.

Fish, shellfish, or seafood manufactured or processed in the United States and fish, shellfish, or seafood contained in foods manufactured or processed in the United States shall be provided in accordance with paragraph d of this clause;. Examples of textile products, made in whole or in part of fabric, include—. B If the shipment will be consigned to other than a military installation, e.

Customs Service requirements. A Prepare any customs forms required for the entry of foreign supplies into the customs territory of the United States in connection with this contract; and. Customs regulations. The Contractor shall furnish the notice to the ACO immediately upon award to the supplier and shall include in the notice—.

Hand or measuring tools delivered under this contract shall be produced in the United States or its outlying areas. Kitts and Nevis, St. Lucia, St. If the Contractor specified in its offer in the Photovoltaic Devices—Certificate provision of the solicitation that the estimated value of the photovoltaic devices to be utilized in performance of this contract would be—. The following restrictions apply, depending on the estimated aggregate value of photovoltaic devices to be utilized under a resultant contract:.

Customs and Border Protection with regard to importation of the same or similar photovoltaic devices into the United States. If the Offeror is uncertain as to what the country of origin would be determined to be by the U.

Customs and Border Protection, the Offeror shall request a determination from U. Customs and Border Protection. A Is wholly the growth, product, or manufacture of a Caribbean Basin country; or.

B In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed.

The term refers to a product offered for purchase under a supply contract, but for purposes of calculating the value of the end product includes services except transportation services incidental to its supply, provided that the value of those incidental services does not exceed the value of the product itself; and.

These exclusions presently consist of—. A Textiles, apparel articles, footwear, handbags, luggage, flat goods, work gloves, leather wearing apparel, and handloomed, handmade, or folklore articles that are not granted duty-free status in the Harmonized Tariff Schedule of the United States HTSUS ;. C Watches and watch parts including cases, bracelets, and straps of whatever type, including, but not limited to, mechanical, quartz digital, or quartz analog, if such watches or watch parts contain any material that is the product of any country to which the HTSUS column 2 rates of duty HTSUS General Note 3 b apply.

Note 7 b. The offeror represents that all products or services to be delivered under a contract resulting from this solicitation are products from Afghanistan or services from Afghanistan, except those listed in—. The following offered products or services are not products from Afghanistan or services from Afghanistan:. For the purpose of evaluating competitive offers, the Contracting Officer will increase by 50 percent the prices of offers of products or services that are not products or services from Afghanistan.

The Contractor and its subcontractors shall not take into account the exclusionary policies or practices of any foreign government in employing or assigning personnel, if—. It does not include items that do not contain fibers, yarns, or fabric, such as the metallic or plastic elements of buttons, zippers, or other clothing fasteners.

If the offeror is a foreign person, the offeror certifies, by submission of an offer, that it—. The offeror shall identify to the Contracting Officer all levies included in the offered price by describing—.

Government may attempt to obtain a waiver of levies pursuant to the U. Government reserves the right to reduce the contract price by the amount of the levy waived plus associated indirect costs and profit or fee. Government may attempt to obtain a waiver of any commercial exploitation levies included in the price of this contract, pursuant to the U. If the U. Alternate III. Alternate IV.

Alternate V. The term refers to a product offered for purchase under a supply contract, but for purposes of calculating the value of the end product, includes services except transportation services incidental to its supply, provided that the value of those incidental services does not exceed the value of the product itself.

Unless otherwise specified in its offer, the Contractor shall deliver under this contract air circuit breakers manufactured in the United States or its outlying areas, Australia, Canada, or the United Kingdom. It includes providing timely and complete response to Government auditors' and investigators' requests for documents and access to employees with information;.

It does not require—. If this contract is performed both in a designated area and in an area that is not designated, the clause only applies to performance in the designated area. Designated areas are areas outside the United States of—. B Personnel performing private security functions are attacked, killed, or injured;. C Persons are killed or injured or property is destroyed as a result of conduct by Contractor personnel;.

D A weapon is discharged against personnel performing private security functions or personnel performing such functions believe a weapon was so discharged; or. E Active, non-lethal countermeasures other than the discharge of a weapon are employed by personnel performing private security functions in response to a perceived immediate threat;.

In addition to other remedies available to the Government—. Such action may be taken at the Government's discretion without prejudice to its rights under any other provision of this contract;. The duty of the Contractor to comply with the requirements of this clause shall not be reduced or diminished by the failure of a higher- or lower-tier Contractor or subcontractor to comply with the clause requirements or by a failure of the contracting activity to provide required oversight.

The Contractor shall include the substance of this clause, including this paragraph f , in subcontracts, including subcontracts for commercial items, when private security functions will be performed outside the United States in areas of—. Armed Forces in applicable operations and have been afforded CAAF status through a letter of authorization. CAAF generally include all U. Armed Forces and who routinely are collocated with the U.

Armed Forces especially in non-permissive environments. Personnel collocated with U. In some cases, Combatant Commander subordinate commanders may designate mission-essential host nation or local national contractor employees e. CAAF includes contractors previously identified as contractors deploying with the U. Armed Forces. CAAF status does not apply to contractor personnel in support of applicable operations within the boundaries and territories of the United States.

The designated reception site includes assigned joint reception centers and other Service or private reception sites. The law of war encompasses all international law for the conduct of hostilities binding on the United States or its individual citizens, including treaties and international agreements to which the United States is a party, and applicable customary international law.

Armed Forces and third-country national expatriates who are permanent residents in the operational area who perform support functions away from the close proximity of, and do not reside with, U.

Government-furnished support to non-CAAF is typically limited to force protection, emergency medical care, and basic human needs e. Non-CAAF status does not apply to contractor personnel in support of applicable operations within the boundaries and territories of the United States. Armed Forces deployed outside the United States in—.

Armed Forces deployed outside the United States may require work in dangerous or austere conditions. Except as otherwise provided in the contract, the Contractor accepts the risks associated with required contract performance in such operations.

Armed Forces can subject such personnel to United States or host nation prosecution and civil liability see paragraphs d and j 3 of this clause. Armed Forces will normally receive emergency medical and dental care. Emergency medical and dental care includes medical care situations in which life, limb, or eyesight is jeopardized.

Examples of emergency medical and dental care include examination and initial treatment of victims of sexual assault; refills of prescriptions for life-dependent drugs; repair of broken bones, lacerations, infections; and traumatic injuries to the dentition. Hospitalization will be limited to stabilization and short-term medical treatment with an emphasis on return to duty or placement in the patient movement system. The letter of authorization also will identify any additional authorizations, privileges, or Government support that Contractor personnel are entitled to under this contract.

Contractor personnel who are issued a letter of authorization shall carry it with them at all times while deployed. Armed Forces deployed outside the United States as specified in paragraph b 1 of this clause are familiar with and comply with, all applicable—.

Other sexual misconduct may constitute offenses under the Uniform Code of Military Justice, Federal law, such as the Military Extraterritorial Jurisdiction Act, or host nation laws; and. Personnel seeking other forms of victim or witness protections should contact the nearest military law enforcement office. Armed Forces are aware of their rights to—. H Be notified of their rights, wages, and prohibited activities prior to signing their employment contract; and.

I If housing is provided, live in housing that meets host-country housing and safety standards. A Are medically, dentally, and psychologically fit for deployment and performance of their contracted duties;. Clearance requirements are in DoD Directive At a minimum, the training shall—. C Identify ways to utilize safety and security personnel and other resources appropriately. The basic training will be provided through—. B Advanced training, commensurate with their duties and responsibilities, may be required for some Contractor personnel as specified in the contract.

Government missions outside the United States 18 U. The deployment center will conduct deployment processing to ensure visibility and accountability of Contractor personnel and to ensure that all deployment requirements are met, including the requirements specified in paragraph e 1 of this clause;. The DRS will validate personnel accountability, ensure that specific designated operational area entrance requirements are met, and brief Contractor personnel on theater-specific policies and procedures.

Armed Forces deployed outside the United States as specified in paragraph b 1 of this clause. Changes to status of individual Contractor personnel relating to their in-theater arrival date and their duty location, to include closing out the deployment with their proper status e. Government-issued identification, to include the Common Access Card, to appropriate U. Government authorities at the end of their deployment or, for non-CAAF, at the end of their employment under this contract.

If authorized to wear military clothing, Contractor personnel must—. The Combatant Commander will determine whether to authorize in-theater Contractor personnel to carry weapons and what weapons and ammunition will be allowed.

B With full understanding of, and adherence to, the rules of the use of force issued by the Combatant Commander; and. C In compliance with applicable agency policies, agreements, rules, regulations, and other applicable law;. Contractor personnel shall possess the required licenses to operate all vehicles or equipment necessary to perform the contract in the designated operational area.

If the Combatant Commander has established an organization for the designated operational area whose function is to determine that certain items are scarce goods or services, the Contractor shall coordinate with that organization local purchases of goods and services designated as scarce, in accordance with instructions provided by the Contracting Officer.

Contractor personnel who die while in support of the U. In addition to the changes otherwise authorized by the Changes clause of this contract, the Contracting Officer may, at any time, by written order identified as a change order, make changes in the place of performance or Government-furnished facilities, equipment, material, services, or site.

Any change order issued in accordance with this paragraph p shall be subject to the provisions of the Changes clause of this contract.

The Contractor shall incorporate the substance of this clause, including this paragraph q , in all subcontracts when subcontractor personnel are supporting U. The Contractor shall ensure that all contract correspondence that is addressed to the United States Government is submitted in English or with an English translation. The offeror represents that it has been duly authorized to operate and to do business in the country or countries in which the contract is to be performed.

Embassy, and that Contractor and subcontractor personnel who are third country nationals comply with any security related requirements of the Embassy of their nationality;. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.

Materials purchased directly by the Government are supplies, not construction material. Cost of components does not include any costs associated with the manufacture of the construction material. A The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or.

This clause implements the Balance of Payments Program by providing a preference for domestic construction material. The Contractor shall use only domestic construction material in performing this contract, except for—.

Therefore, the Balance of Payments Program restrictions are waived for designated country construction materials. Therefore, the Balance of Payments Program restrictions are waived for designated country construction material other than Bahrainian or Mexican construction material.

DoD Treaty-eligible requirements. Specific defense articles that are not U. DoD Treaty-eligible will be identified as such in those contract line items that are otherwise U. DoD Treaty-eligible. Government and the government of Australia or of the United Kingdom, as applicable;. The offeror shall check one of the following boxes and sign the representation:. Flow down the substance of this provision, including this paragraph h , but excluding the representation at paragraph g , to any subcontractor at any tier intending to use the DTC Treaties in responding to this solicitation.

Government, U. Government, including their personnel, with, as appropriate, security accreditation and a need-to-know; and. DoD Treaty-eligible requirements" means any defense article acquired by the DoD for use in a combined military or counterterrorism operation, cooperative research, development, production or support program, or DoD end use, as described in Article 3 of the U. Parts , , and , which are unaffected by the DTC Treaties.

Government and the government of Australia or the government of the United Kingdom, as applicable; and. The term includes:. The Contractor shall consult with the Department of State regarding any questions relating to compliance with the ITAR and shall consult with the Department of Commerce regarding any questions relating to compliance with the EAR. A The foreign entity is an entity in which the government of a covered foreign country has an ownership interest that enables the government to affect satellite operations;.

B The foreign entity plans to, or is expected to, provide or use launch or other satellite services under the contract from a covered foreign country; or. C Entering into such contract would create an unacceptable cybersecurity risk for DoD; or. If the Offeror has responded affirmatively to any representation in paragraphs c 7 through c 9 of this provision, and if such launches are covered in whole or in part by a contract or other agreement relating to launch services that, prior to June 10, , was either fully paid for by the satellite service provider or covered by a legally binding commitment of the satellite service provider to pay for such services, provide the following information:.

If it is later determined that the Offeror knowingly rendered an erroneous representation, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default. As of the date of this provision, state sponsors of terrorism include Iran, North Korea, Sudan, and Syria. Unless the Offeror submits with its offer the disclosure required in paragraph d of this provision, the Offeror represents, by submission of its offer, that the government of a country that is a state sponsor of terrorism does not own or control a significant interest in—.

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