Applicable Laws. (a) This Contract and any matter arising out of or related to this Contract shall be governed by the laws of the State from which this Contract is issued by LOCKHEED ▇▇▇▇▇▇, without regard to its conflicts of laws provisions, except that any provision in this Contract that is (i) incorporated in full text or by reference from the Federal Acquisition Regulations (FAR); or (ii) incorporated in full text or by reference from any agency regulation that implements or supplements the FAR or; (iii) that is substantially based on any such agency regulation or FAR provision, shall be construed and interpreted according to the federal common law of government contracts as enunciated and applied by federal judicial bodies, boards of contracts appeals, and quasi‐judicial agencies of the federal Government. (1) SELLER, in the performance of this Contract, agrees to comply with all applicable local, state, and federal laws, orders, rules, regulations, and ordinances. SELLER shall procure all licenses/permits, pay all fees, and other required charges and shall comply with all applicable guidelines and directives of any local, state and/or federal governmental authority. (2) If: (i) LOCKHEED ▇▇▇▇▇▇'▇ contract price or fee is reduced; (ii) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (iii) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (iv) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; as a result of any violation of applicable laws, orders, rules, regulations, or ordinances by SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (4) below. (3) Where submission of cost or pricing data is required or requested at any time prior to or during performance of this Contract, if SELLER or its lower‐tier subcontractors: (i) submit and/or certify cost or pricing data that are defective; (ii) with notice of applicable cutoff dates and upon LOCKHEED ▇▇▇▇▇▇'▇ request to provide cost or pricing data, submit cost or pricing data, whether certified or not certified at the time of submission, as a prospective subcontractor, and any such data are defective as of the applicable cutoff date on LOCKHEED ▇▇▇▇▇▇'▇ Certificate of Current Cost or Pricing Data; (iii) claim an exception to a requirement to submit cost or pricing data and such exception is invalid; (iv) furnish data of any description that is inaccurate; or, if (v) the U.S. Government alleges any of the foregoing; and, as a result, (A) LOCKHEED ▇▇▇▇▇▇'▇ contract price or fee is reduced; (B) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (C) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (D) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (4) below. (4) Upon the occurrence of any of the circumstances, other than withholdings, identified in paragraphs (2) and (3) above, LOCKHEED ▇▇▇▇▇▇ may make a reduction of corresponding amounts (in whole or in part) in the price of this Contract or any other contract with SELLER, and/or may demand payment (in whole or in part) of the corresponding amounts. SELLER shall promptly pay amounts so demanded. In the case of withholding(s), LOCKHEED ▇▇▇▇▇▇ may withhold the same amount from SELLER under this contract. (c) SELLER represents that each chemical substance constituting or contained in Work sold or otherwise transferred to LOCKHEED ▇▇▇▇▇▇ hereunder is on the list of chemical substances compiled and published by the Administrator of the Environmental Protection Administration pursuant to the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.) as amended. (d) SELLER shall provide to LOCKHEED ▇▇▇▇▇▇ with each delivery any Material Safety Data Sheet applicable to the Work in conformance with and containing such information as required by the Occupational Safety and Health Act of 1970 and regulations promulgated there under, or its state approved counterpart.
Appears in 3 contracts
Sources: General Provisions and Far Flowdown Provisions for Subcontracts/Purchase Orders, General Provisions and Far Flowdown Provisions for Subcontracts/Purchase Orders, General Provisions and Far Flowdown Provisions for Subcontracts/Purchase Orders
Applicable Laws. (a) This Contract and any matter arising out of or related to this Contract shall be governed by and construed in accordance with the laws of the State from which this Contract is issued by LOCKHEED ▇▇▇▇▇▇, without regard to its conflicts of laws provisions, except that any provision in this Contract that is (i) incorporated in full text or by reference from the Federal Acquisition Regulations (FAR); or (ii) incorporated in full text or by reference from any agency regulation that implements or supplements the FAR or; (iii) that is substantially based on any such agency regulation or FAR provision, shall be construed and interpreted according to the federal common law of government contracts as enunciated and applied by federal judicial bodies, boards of contracts appeals, and quasi‐judicial quasi-judicial agencies of the federal Government.
(1) SELLER, in the performance of this Contract, agrees to comply with all applicable local, state, and federal laws, orders, rules, regulations, and ordinances. SELLER shall procure all licenses/permits, pay all fees, and other required charges and shall comply with all applicable guidelines and directives of any local, state and/or federal governmental authority.
(2) If: (i) LOCKHEED ▇▇▇▇▇▇'▇ contract price or fee is reduced; (ii) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (iii) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (iv) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; as a result of any violation of applicable laws, orders, rules, regulations, or ordinances by SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (4) below.
(3) Where submission of cost or pricing data is required or requested at any time prior to or during performance of this Contract, if SELLER or its lower‐tier lower-tier subcontractors: (i) submit and/or certify cost or pricing data that are defective; (ii) with notice of applicable cutoff dates and upon LOCKHEED ▇▇▇▇▇▇'▇ request to provide cost or pricing data, submit cost or pricing data, whether certified or not certified at the time of submission, as a prospective subcontractor, and any such data are defective as of the applicable cutoff date on LOCKHEED ▇▇▇▇▇▇'▇ Certificate of Current Cost or Pricing Data; (iii) claim an exception to a requirement to submit cost or pricing data and such exception is invalid; (iv) furnish data of any description that is inaccurate; or, if (v) the U.S. Government alleges any of the foregoing; and, as a result, (A) LOCKHEED ▇▇▇▇▇▇'▇ contract price or fee is reduced; (B) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (C) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (D) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (4) below.
(4) Upon the occurrence of any of the circumstances, other than withholdings, identified in paragraphs (2) and (3) above, LOCKHEED ▇▇▇▇▇▇ may make a reduction of corresponding amounts (in whole or in part) in the price of this Contract or any other contract with SELLER, and/or may demand payment (in whole or in part) of the corresponding amounts. SELLER shall promptly pay amounts so demanded. In the case of withholding(s), LOCKHEED ▇▇▇▇▇▇ may withhold the same amount from SELLER under this contract.
(c) SELLER represents that each chemical substance constituting or contained in Work sold or otherwise transferred to LOCKHEED ▇▇▇▇▇▇ hereunder is on the list of chemical substances compiled and published by the Administrator of the Environmental Protection Administration pursuant to the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.) as amended.
(d) SELLER shall provide to LOCKHEED ▇▇▇▇▇▇ with each delivery any Material Safety Data Sheet applicable to the Work in conformance with and containing such information as required by the Occupational Safety and Health Act of 1970 and regulations promulgated there under, or its state approved counterpart.
Appears in 3 contracts
Sources: General Provisions and Far Flowdown Provisions for Subcontracts/Purchase Orders, General Provisions and Far Flowdown Provisions, General Provisions and Far Flowdown Provisions for Subcontracts/Purchase Orders
Applicable Laws. (a) This Contract and any matter arising out of or related to this Contract shall be governed by and construed in accordance with the laws of the State from which this Contract is issued by LOCKHEED Lockheed ▇▇▇▇▇▇, without regard to its conflicts of laws provisions, except that any provision in this Contract that is (i) incorporated in full text or by reference from the Federal Acquisition Regulations Regulation (FAR); or (ii) incorporated in full text or by reference from any agency regulation that implements or supplements the FAR or; (iii) that is substantially based on any such agency regulation or FAR provision, shall be construed and interpreted according to the federal common law of government contracts as enunciated and applied by federal judicial bodies, boards of contracts appeals, and quasi‐judicial quasi-judicial agencies of the federal Government.
(1) SELLER, in the performance of this Contract, agrees to comply with all applicable local, state, and federal laws, orders, rules, regulations, and ordinances. SELLER shall procure all licenses/permits, and pay all fees, and other required charges charges, and shall comply with of all applicable guidelines and directives of any local, state state, and/or federal governmental authority.
(2) If: (i) LOCKHEED ▇▇▇▇▇▇'▇ contract price or fee is reduced; (ii) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (iii) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (iv) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; as a result of any violation of applicable laws, orders, rules, regulations, or ordinances by SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (43) below.
(3) Where submission of cost or pricing data is required or requested at any time prior to or during performance of this Contract, if SELLER or its lower‐tier subcontractors: (i) submit and/or certify cost or pricing data that are defective; (ii) with notice of applicable cutoff dates and upon LOCKHEED ▇▇▇▇▇▇'▇ request to provide cost or pricing data, submit cost or pricing data, whether certified or not certified at the time of submission, as a prospective subcontractor, and any such data are defective as of the applicable cutoff date on LOCKHEED ▇▇▇▇▇▇'▇ Certificate of Current Cost or Pricing Data; (iii) claim an exception to a requirement to submit cost or pricing data and such exception is invalid; (iv) furnish data of any description that is inaccurate; or, if (v) the U.S. Government alleges any of the foregoing; and, as a result, (A) LOCKHEED ▇▇▇▇▇▇'▇ contract price or fee is reduced; (B) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (C) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (D) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (4) below.
(4) Upon the occurrence of any of the circumstances, other than withholdings, identified in paragraphs paragraph (2) and (3) above, LOCKHEED ▇▇▇▇▇▇ may make a reduction of corresponding amounts (in whole or in part) in the price of this Contract or any other contract with SELLER, and/or may demand payment (in whole or in part) of the corresponding amounts. SELLER shall promptly pay amounts so demanded. In the case of withholding(s), LOCKHEED ▇▇▇▇▇▇ may withhold the same amount from SELLER under this contractContract.
(4) In the event it is determined that the Work is not a Commercial Item as defined at FAR 2.101, then SELLER agrees that CORPDOC 3, General Provisions and FAR Flowdown Provisions for Subcontracts/Purchase Orders (All Agencies) for Non-Commercial Items under a U.S. Governmental Prime Contract, and the corresponding agency flowdowns shall be applicable to this Contract, in lieu of these terms and conditions, effective as of the date of this Contract.
(c) SELLER represents that each chemical substance constituting or contained in Work sold or otherwise transferred to LOCKHEED ▇▇▇▇▇▇ hereunder is on the list of chemical substances compiled and published by the Administrator of the Environmental Protection Administration pursuant to the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.) as amended.
(d) SELLER shall provide to LOCKHEED ▇▇▇▇▇▇ with each delivery any Material Safety Data Sheet applicable to the Work in conformance with and containing such information as required by the Occupational Safety and Health Act of 1970 and regulations promulgated there under, or its state State approved counterpart.
Appears in 3 contracts
Sources: General Provisions and Far Flowdown Provisions for Subcontracts/Purchase Orders for Commercial Items, General Provisions and Far Flowdown Provisions for Subcontracts/Purchase Orders, General Provisions and Far Flowdown Provisions for Subcontracts/Purchase Orders
Applicable Laws. (a) This Contract and any matter arising out of or related to this Contract shall be governed by the laws of the State from which this Contract is issued by LOCKHEED ▇▇▇▇▇▇of New York, without regard to its conflicts of laws provisions, except that any provision in this Contract that is (i) incorporated in full text or by reference from the Federal Acquisition Regulations (FAR); or (ii) incorporated in full text or by reference from any agency regulation that implements or supplements the FAR or; (iii) that is substantially based on any such agency regulation or FAR provision, shall be construed and interpreted according to the federal common law of government contracts as enunciated and applied by federal judicial bodies, boards of contracts appeals, and quasi‐judicial quasi- judicial agencies of the federal Government.
(1b) SELLER, in the performance of this Contract, agrees to shall comply with all applicable local, state, and federal laws, orders, rules, regulations, and ordinances. Upon request by LOCKHEED ▇▇▇▇▇▇, SELLER shall provide evidence of compliance with applicable local, state, and federal laws, orders, rules, regulations, and ordinances (including the place of production or performance of the Work or any part thereof). SELLER shall procure all licenses/permits, pay all fees, and other required charges and shall comply with all applicable guidelines and directives of any local, state and/or federal governmental authority. SELLER, at its expense, shall provide reasonable cooperation to LOCKHEED ▇▇▇▇▇▇ in conducting any investigation regarding the nature and scope of any failure by SELLER or its personnel to comply with applicable local, state, and federal laws, orders, rules, regulations, and ordinances that may affect the performance of SELLER's obligations under this Contract.
(21) If: (i) LOCKHEED ▇▇▇▇▇▇'▇ MARTIN's contract price or fee is reduced; (ii) LOCKHEED ▇▇▇▇▇▇'▇ MARTIN's costs are determined to be unallowable; (iii) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (iv) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; as a result of any violation of applicable laws, orders, rules, regulations, or ordinances by SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (43) below.
(32) Where submission of cost or pricing data is required or requested at any time prior to or during performance of this Contract, if SELLER or its lower‐tier lower-tier subcontractors: (i) submit and/or certify cost or pricing data that are defective; (ii) with notice of applicable cutoff dates and upon LOCKHEED ▇▇▇▇▇▇'▇ request to provide cost or pricing data, submit cost or pricing data, whether certified or not certified at the time of submission, as a prospective subcontractor, and any such data are defective as of the applicable cutoff date on LOCKHEED ▇▇▇▇▇▇'▇ MARTIN's Certificate of Current Cost or Pricing Data; (iii) claim an exception to a requirement to submit cost or pricing data and such exception is invalid; (iv) furnish data of any description that is inaccurate; or, if (v) the U.S. Government alleges any of the foregoing; and, as a result, (A) LOCKHEED ▇▇▇▇▇▇'▇ contract price or fee is reduced; (B) LOCKHEED ▇▇▇▇▇▇'▇ MARTIN's costs are determined to be unallowable; (C) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (D) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (43) below.
(43) Upon the occurrence of any of the circumstances, other than withholdings, identified in paragraphs (21) and (32) above, LOCKHEED ▇▇▇▇▇▇ may make a reduction of corresponding amounts (in whole or in part) in the price of this Contract or any other contract with SELLER, and/or may demand payment (in whole or in part) of the corresponding amounts. SELLER shall promptly pay amounts so demanded. In the case of withholding(s), LOCKHEED ▇▇▇▇▇▇ may withhold the same amount from SELLER under this contract.
(cd) SELLER represents that each chemical substance constituting or contained in Work sold or otherwise transferred to LOCKHEED ▇▇▇▇▇▇ hereunder is is, as applicable, on the list of chemical substances compiled and published by the Administrator of the Environmental Protection Administration pursuant to the Toxic Substances Control Act (TSCA) Chemical Substances inventory compiled by the United States the Environmental Protection Agency pursuant to TSCA (15 U.S.C. Sec. 2601 et seq.2607(b)) as amended.
amended and implemented in 40 CFR Part 710; and is designated as "active" pursuant to the TSCA Inventory Notification Rule (d) codified by amendments to 40 CFR Part 710 effective August 11, 2017). SELLER shall provide make available to LOCKHEED ▇▇▇▇▇▇ with each delivery any Material all Safety Data Sheet applicable Sheets for any material provided to LOCKHEED ▇▇▇▇▇▇, or brought or delivered to LOCKHEED ▇▇▇▇▇▇ or its customer's premises in the Work in conformance with and containing such information performance of this Contract, as required by applicable law such as the Occupational Safety and Health Act of 1970 and regulations promulgated there underthereunder.
(e) Work delivered by SELLER under this Contract may be incorporated into deliverable goods for use (i) in the European Economic Area (EEA) and subject to the European Union Regulation (EC) No 1907/2006 concerning the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH); the Classification, Labeling and Packaging Regulation (EC) No. 1272/2008 (CLP); and the Biocidal Products Regulation (EU) 528/2012) (BPR); and/or (ii) in countries with laws or regulations containing provisions substantially equivalent to REACH and comparable implementing regulations and laws of multi-lateral conventions (such as the Stockholm (Persistent Organic Pollutants) and Minamata (Mercury) Conventions).
(1) SELLER represents and warrants that the Work and any substances contained therein are not prohibited or restricted by, and are supplied in compliance with all applicable chemical substance laws and/or regulations including but not limited to REACH, CLP, and BPR, and that no current requirement in any applicable chemical substance law and/or regulation prevents the sale or transport of SELLER’s Work or substances in SELLER’s Work in the EEA or other applicable countries, and that all such Work and substances have been pre-registered, registered, reported, approved, and/or authorized as and to the extent required by all applicable chemical substance laws and/or regulations including but not limited to REACH, CLP, and BPR.
(2) SELLER shall timely respond to any request from LOCKHEED ▇▇▇▇▇▇ with all relevant information on the Work so that the intents of all applicable chemical substance laws and/or regulations including but not limited to REACH, CLP, and BPR are met for communicating with downstream users (e.g., as defined in article 3(13) of REACH [any person established in the EEA using substances in the course of that person's industrial or professional activities; the definition does not include the manufacturer, importer, distributor, or its state approved counterpartconsumer]), and in any case, SELLER shall provide all information necessary for LOCKHEED ▇▇▇▇▇▇ and/or any downstream user to timely and accurately fulfill their obligations under all applicable chemical substance laws and/or regulations including but not limited to REACH, CLP, and BPR.
(3) SELLER shall bear all costs, charges and expenses related to pre-registration, registration, evaluation, authorization, reporting, and approval under all applicable chemical substance laws and/or regulations including but not limited to REACH, CLP, and BPR.
(f) SELLER also represents that it will identify for every component or part of the Work, the chemical(s) present and any Chemical Abstract Services (CAS) Registry Number(s), or similar identifying classification such as generic name and accession number to ensure compliance with TSCA or other applicable chemical substance regulation. This information shall be provided by SELLER for itself and all sub-tier suppliers to LOCKHEED ▇▇▇▇▇▇ upon request.
(g) Equal Opportunity for Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) Protected Veterans.
(1) The clause at 41 CFR 60-300.5
(a) is incorporated herein by reference. The clause applies if this Contract is valued at or above the threshold specified in FAR 22.1303(a) on the date of subcontract award, unless exempted by the rules, regulations, or orders of the Secretary issued pursuant to VEVRAA. As used in the clause, “contractor” means “SELLER.” This clause applies in addition to FAR 52.222-35 if included in this Contract. (2) LOCKHEED ▇▇▇▇▇▇ and SELLER shall abide by the requirements of 41 CFR 60-300.5(a). This regulation prohibits discrimination against qualified protected veterans, and requires affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified protected veterans.
Appears in 3 contracts
Sources: General Provisions for Subcontracts/Purchase Orders, General Provisions for Subcontracts/Purchase Orders, General Provisions for Subcontracts/Purchase Orders
Applicable Laws. (a) This Contract and any matter arising out of or related to this Contract shall be governed by the laws of the State from which this Contract is issued by LOCKHEED ▇▇▇▇▇▇, without regard to its conflicts of laws provisions, except that any provision in this Contract that is (i) incorporated in full text or by reference from the Federal Acquisition Regulations (FAR); ) or (ii) incorporated in full text or by reference from any agency regulation that implements or supplements the FAR or; or (iii) that is substantially based on any such agency regulation or FAR provision, shall be construed and interpreted according to the federal common law of government Government contracts as enunciated and applied by federal judicial bodies, boards of contracts appeals, and quasi‐judicial agencies of the federal Government.
(1) SELLER, in the performance of this Contract, agrees to comply with all applicable local, state, and federal laws, orders, rules, regulations, and ordinances. SELLER shall procure all licenses/permits, permits and pay all fees, fees and other required charges and charges. SELLER shall comply with all applicable guidelines and directives of any local, state state, and/or federal governmental authority.
(2) If: (i) LOCKHEED ▇▇▇▇▇▇'▇ contract price cost or fee is reduced; (ii) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (iii) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (iv) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; as a result of any violation of applicable laws, orders, rules, regulations, or ordinances by SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (4) below.
(3) Where submission of cost or pricing data is required or requested at any time prior to or during performance of this Contract, if SELLER or its lower‐tier subcontractors: (i) submit and/or certify cost or pricing data that are defective; (ii) with notice of applicable cutoff dates and upon LOCKHEED ▇▇▇▇▇▇'▇ request to provide cost or pricing data, submit cost or pricing data, whether certified or not certified at the time of submission, as a prospective subcontractor, and any such data are defective as of the applicable cutoff date on LOCKHEED ▇▇▇▇▇▇'▇ Certificate of Current Cost or Pricing Data; (iii) claim an exception to a requirement to submit cost or pricing data and such exception is invalid; (iv) furnish data of any description that is inaccurate; or, or if (v) the U.S. Government alleges any of the foregoing; and, as a result, (A) LOCKHEED ▇▇▇▇▇▇'▇ contract Contract price or fee is reduced; (B) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (C) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (D) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in paragraph (4) below.
(4) Upon the occurrence of any of the circumstances, other than withholdings, identified in paragraphs (2) and (3) above, LOCKHEED ▇▇▇▇▇▇ may make a reduction of corresponding amounts (in whole or in part) in the price costs and fee of this Contract or any other contract with SELLER, and/or may demand payment (in whole or in part) of the corresponding amounts. SELLER shall promptly pay amounts so demanded. Such sums shall not be considered allowable costs under any provision of the Contract. In the case of withholding(s), LOCKHEED ▇▇▇▇▇▇ may withhold the same amount from SELLER under this contractContract.
(c) SELLER represents that each chemical substance constituting or contained in Work sold or otherwise transferred to LOCKHEED ▇▇▇▇▇▇ hereunder is on the list of chemical substances compiled and published by the Administrator of the Environmental Protection Administration pursuant to the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.) as amended.
(d) SELLER shall provide to LOCKHEED ▇▇▇▇▇▇ with each delivery any Material Safety Data Sheet applicable to the Work in conformance with and containing such information as required by the Occupational Safety and Health Act of 1970 and regulations promulgated there underthereunder, or its state approved counterpart.
Appears in 2 contracts
Sources: Cost Reimbursement Subcontract, General Provisions for Cost Reimbursement Subcontracts/Purchase Orders
Applicable Laws. (a) This Contract and any matter arising out of or related to this Contract shall be governed by and construed in accordance with the laws of the State from which this Contract is issued by LOCKHEED ▇▇▇▇▇▇, without regard to its conflicts of laws provisions, except that any provision in this Contract that is (i) incorporated in full text or by reference from the Federal Acquisition Regulations (FAR); or (ii) incorporated in full text or by reference from any agency regulation that implements or supplements the FAR orFAR; or (iii) that is substantially based on any such agency regulation or FAR provision, shall be construed and interpreted according to the federal common law of government Government contracts as enunciated and applied by federal judicial bodies, boards of contracts appeals, and quasi‐judicial quasi-judicial agencies of the federal Government.
(1) SELLER, in the performance of this Contract, agrees to comply with all applicable local, state, and federal laws, orders, rules, regulations, and ordinancesordinances of the United States and the country where SELLER will be performing the Contract. SELLER shall procure all licenses/permits, and pay all fees, and other required charges and charges. SELLER shall comply with of all applicable guidelines and directives of any local, state state, and/or federal governmental authority. The provisions of the "United Nations Convention on Contracts for International Sales of Goods" shall not apply to this Contract.
(2) If: (i) LOCKHEED ▇▇▇▇▇▇'▇ contract price cost or fee is reduced; (ii) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (iii) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (iv) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; as a result of any violation of applicable laws, orders, rules, regulations, or ordinances by SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (4) below.
(3) Where submission of cost or pricing data is required or requested at any time prior to or during performance of this Contract, if SELLER or its lower‐tier lower-tier subcontractors: (i) submit and/or certify cost or pricing data that are defective; (ii) with notice of applicable cutoff dates and upon LOCKHEED ▇▇▇▇▇▇'▇ request to provide cost or pricing data, submit cost or pricing data, whether certified or not certified at the time of submission, as a prospective subcontractor, and any such data are defective as of the applicable cutoff date on LOCKHEED ▇▇▇▇▇▇'▇ Certificate of Current Cost or Pricing Data; (iii) claim an exception to a requirement to submit cost or pricing data and such exception is invalid; (iv) furnish data of any description that is inaccurate; or, or if (v) the U.S. Government alleges any of the foregoing; and, as a result, (A1) LOCKHEED ▇▇▇▇▇▇'▇ contract Contract price or fee is reduced; (B2) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (C3) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (D4) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (4) below.
(4) Upon the occurrence of any of the circumstances, other than withholdings, identified in paragraphs (2) and (3) above, LOCKHEED ▇▇▇▇▇▇ may make a reduction of corresponding amounts (in whole or in part) in the price costs and fee of this Contract or any other contract with SELLER, and/or may demand payment (in whole or in part) of the corresponding amounts. SELLER shall promptly pay amounts so demanded. Such sums shall not be considered allowable costs under any provision of the Contract. In the case of withholding(s), LOCKHEED ▇▇▇▇▇▇ may withhold the same amount from SELLER under this contractContract.
(c) If the Work is to be shipped to, or performed in the United States:
(1) SELLER represents that each chemical substance constituting or contained in Work sold or otherwise transferred to LOCKHEED ▇▇▇▇▇▇ hereunder is on the list of chemical substances compiled and published by the Administrator of the Environmental Protection Administration pursuant to the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.) as amended.
(d2) SELLER shall provide to LOCKHEED ▇▇▇▇▇▇ with each delivery any Material Safety Data Sheet applicable to the Work in conformance with and containing such information as required by the Occupational Safety and Health Act of 1970 and regulations promulgated there underthereunder, or its state State approved counterpart.
Appears in 2 contracts
Sources: General Provisions for Time and Material and Labor Hour Subcontracts/Purchase Orders, Time and Material and Labor Hour Subcontract
Applicable Laws. (a) This Contract and any matter arising out of or related to this Contract shall be governed by the laws of the State from which this Contract is issued by LOCKHEED ▇▇▇▇▇▇, without regard to its conflicts of laws provisions, except that any provision in this Contract that is (i) incorporated in full text or by reference from the Federal Acquisition Regulations (FAR); ) or (ii) incorporated in full text or by reference from any agency regulation that implements or supplements the FAR or; or (iii) that is substantially based on any such agency regulation or FAR provision, shall be construed and interpreted according to the federal common law of government Government contracts as enunciated and applied by federal judicial bodies, boards of contracts appeals, and quasi‐judicial agencies of the federal Government.
(1) SELLER, in the performance of this Contract, agrees to comply with all applicable local, state, and federal laws, orders, rules, regulations, and ordinances. SELLER shall procure all licenses/permits, permits and pay all fees, fees and other required charges and charges. SELLER shall comply with all applicable guidelines and directives of any local, state state, and/or federal governmental authority.
(2) If: (i) LOCKHEED ▇▇▇▇▇▇'▇ contract price cost or fee is reduced; (ii) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (iii) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (iv) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; as a result of any violation of applicable laws, orders, rules, regulations, or ordinances by SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (4) below.
(3) Where submission of cost or pricing data is required or requested at any time prior to or during performance of this Contract, if SELLER or its lower‐tier subcontractors: (i) submit and/or certify cost or pricing data that are defective; (ii) with notice of applicable cutoff dates and upon LOCKHEED ▇▇▇▇▇▇'▇ request to provide cost or pricing data, submit cost or pricing data, whether certified or not certified at the time of submission, as a prospective subcontractor, and any such data are defective as of the applicable cutoff date on LOCKHEED ▇▇▇▇▇▇'▇ Certificate of Current Cost or Pricing Data; (iii) claim an exception to a requirement to submit cost or pricing data and such exception is invalid; (iv) furnish data of any description that is inaccurate; or, or if (v) the U.S. Government alleges any of the foregoing; and, as a result, (A) LOCKHEED ▇▇▇▇▇▇'▇ contract Contract price or fee is reduced; (B) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (C) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (D) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in paragraph (4) below.
(4) Upon the occurrence of any of the circumstances, other than withholdings, identified in paragraphs (2) and (3) above, LOCKHEED ▇▇▇▇▇▇ may make a reduction of corresponding amounts (in whole or in part) in the price costs and fee of this Contract or any other contract with SELLER, and/or may demand payment (in whole or in part) of the corresponding amounts. SELLER shall promptly pay amounts so demanded. Such sums shall not be considered allowable costs under any provision of the Contract. In the case of withholding(s), LOCKHEED ▇▇▇▇▇▇ may withhold the same amount from SELLER under this contractContract.
(c) SELLER represents that each chemical substance constituting or contained in Work sold or otherwise transferred to LOCKHEED ▇▇▇▇▇▇ hereunder is on the list of chemical substances compiled and published by the Administrator of the Environmental Protection Administration pursuant to the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.) as amended.
(d) SELLER shall provide to LOCKHEED ▇▇▇▇▇▇ with each delivery any Material Safety Data Sheet applicable to the Work in conformance with and containing such information as required by the Occupational Safety and Health Act of 1970 and regulations promulgated there underthereunder, or its state approved counterpart.
(e) SELLER shall be responsible for compliance with all requirements and obligations relating to its employees under all local, state, and federal statutes, ordinances, rules and obligations including, but not limited to, employer's obligations under laws relating to: income tax withholding and reporting; civil rights; equal employment opportunity; discrimination on the basis of age, sex, race, color, religion, disability, national origin, or veteran status; overtime; minimum wage; social security contribution and withholding; unemployment insurance; employer's liability insurance; worker's compensation; veteran's rights; and all other employment, labor or benefits related laws.
Appears in 2 contracts
Sources: Cost Reimbursement Subcontract, General Provisions and Far Flowdown Provisions for Cost Reimbursement Subcontracts/Purchase Orders for Non Commercial Services
Applicable Laws. (a) This Contract and any matter arising out of or related to this Contract shall be governed by the laws of the State from which this Contract is issued by LOCKHEED ▇▇▇▇▇▇, without regard to its conflicts of laws provisions, except that any provision in this Contract that is (i) incorporated in full text or by reference from the Federal Acquisition Regulations (FAR); or (ii) incorporated in full text or by reference from any agency regulation that implements or supplements the FAR orFAR; or (iii) that is substantially based on any such agency regulation or FAR provision, shall be construed and interpreted according to the federal common law of government Government contracts as enunciated and applied by federal judicial bodies, boards of contracts appeals, and quasi‐judicial quasi-judicial agencies of the federal Government.
(1) SELLER, in the performance of this Contract, agrees to comply with all applicable local, state, and federal laws, orders, rules, regulations, and ordinancesordinances of the United States and the country where SELLER will be performing the Contract. SELLER shall procure all licenses/permits, and pay all fees, and other required charges and charges. SELLER shall comply with of all applicable guidelines and directives of any local, state state, and/or federal governmental authority.
(2) If: (i) LOCKHEED ▇▇▇▇▇▇'▇ contract price cost or fee is reduced; (ii) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (iii) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (iv) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; as a result of any violation of applicable laws, orders, rules, regulations, or ordinances by SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (4) below.
(3) Where submission of cost or pricing data is required or requested at any time prior to or during performance of this Contract, if SELLER or its lower‐tier lower-tier subcontractors: (i) submit and/or certify cost or pricing data that are defective; (ii) with notice of applicable cutoff dates and upon LOCKHEED ▇▇▇▇▇▇'▇ request to provide cost or pricing data, submit cost or pricing data, whether certified or not certified at the time of submission, as a prospective subcontractor, and any such data are defective as of the applicable cutoff date on LOCKHEED ▇▇▇▇▇▇'▇ Certificate of Current Cost or Pricing Data; (iii) claim an exception to a requirement to submit cost or pricing data and such exception is invalid; (iv) furnish data of any description that is inaccurate; or, or if (v) the U.S. Government alleges any of the foregoing; and, as a result, (A1) LOCKHEED ▇▇▇▇▇▇'▇ contract Contract price or fee is reduced; (B2) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (C3) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (D4) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (4) below.
(4) Upon the occurrence of any of the circumstances, other than withholdings, identified in paragraphs (2) and (3) above, LOCKHEED ▇▇▇▇▇▇ may make a reduction of corresponding amounts (in whole or in part) in the price costs and fee of this Contract or any other contract with SELLER, and/or may demand payment (in whole or in part) of the corresponding amounts. SELLER shall promptly pay amounts so demanded. Such sums shall not be considered allowable costs under any provision of the Contract. In the case of withholding(s), LOCKHEED ▇▇▇▇▇▇ may withhold the same amount from SELLER under this contractContract.
(c) SELLER represents that each chemical substance constituting or contained in Work sold or otherwise transferred to LOCKHEED ▇▇▇▇▇▇ hereunder is on the list of chemical substances compiled and published by the Administrator of the Environmental Protection Administration pursuant to the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.) as amended.
(d) SELLER shall provide to LOCKHEED ▇▇▇▇▇▇ with each delivery any Material Safety Data Sheet applicable to the Work in conformance with and containing such information as required by the Occupational Safety and Health Act of 1970 and regulations promulgated there underthereunder, or its state approved counterpart.
Appears in 2 contracts
Sources: Time and Material and Labor Hour Subcontract, Time and Material and Labor Hour Subcontract
Applicable Laws. (a) This Contract and any matter arising out of or related to this Contract shall be governed and construed in accordance with by the laws of the State from which this Contract is issued by LOCKHEED ▇▇▇▇▇▇, without regard to its conflicts of laws provisions, except that any provision in this Contract that is is: (i) incorporated in full text or by reference from the Federal Acquisition Regulations Regulation (FAR); or ) or: (ii) incorporated in full text or by reference from any agency regulation that implements or supplements the FAR or; (iii) that is substantially based on any such agency regulation or FAR provision, shall be construed and interpreted according to the federal common law of government contracts as enunciated and applied by federal judicial bodies, boards of contracts appeals, and quasi‐judicial quasi-judicial agencies of the federal Government.
(1) SELLER, in the performance of this Contract, agrees to comply with all applicable local, state, and federal laws, orders, representations rules, regulations, and ordinancesordinances of the United States and the country where SELLER will be performing the Contract. SELLER shall procure all licenses/permits, and pay all fees, and other required charges charges, and shall comply with of all applicable guidelines and directives of any local, state state, and/or federal governmental authority. The provisions of the United Nations Convention on Contracts for International Sale of Goods shall not apply to this Contract.
(2) If: (i) LOCKHEED ▇▇▇▇▇▇'▇ contract price or fee is reduced; (ii) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (iii) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (iv) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; as a result of any violation of applicable laws, orders, rules, regulations, or ordinances by SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (43) below.
(3) Where submission of cost or pricing data is required or requested at any time prior to or during performance of this Contract, if SELLER or its lower‐tier subcontractors: (i) submit and/or certify cost or pricing data that are defective; (ii) with notice of applicable cutoff dates and upon LOCKHEED ▇▇▇▇▇▇'▇ request to provide cost or pricing data, submit cost or pricing data, whether certified or not certified at the time of submission, as a prospective subcontractor, and any such data are defective as of the applicable cutoff date on LOCKHEED ▇▇▇▇▇▇'▇ Certificate of Current Cost or Pricing Data; (iii) claim an exception to a requirement to submit cost or pricing data and such exception is invalid; (iv) furnish data of any description that is inaccurate; or, if (v) the U.S. Government alleges any of the foregoing; and, as a result, (A) LOCKHEED ▇▇▇▇▇▇'▇ contract price or fee is reduced; (B) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (C) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (D) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (4) below.
(4) Upon the occurrence of any of the circumstances, other than withholdings, identified in paragraphs (2) and (3) above, LOCKHEED ▇▇▇▇▇▇ may make a reduction of corresponding amounts (in whole or in part) in the price of this Contract or any other contract with SELLER, and/or may demand payment (in whole or in part) of the corresponding amounts. SELLER shall promptly pay amounts so demanded. In the case of withholding(s), LOCKHEED ▇▇▇▇▇▇ may withhold the same amount from SELLER under this contractContract.
(4) In the event it is determined that the Work is not a Commercial Item as defined at FAR 2.101, then SELLER agrees that CORPDOC 3, General Provisions and FAR Flowdown Provisions for Subcontracts/Purchase Orders (All Agencies) for Non-Commercial Items under a U.S. Governmental Prime Contract, and the corresponding agency flowdowns shall be applicable to this Contract, in lieu of these terms and conditions, effective as of the date of this Contract.
(c) If the Work is to be shipped to, or performed in the United States:
(1) SELLER represents that each chemical substance constituting or contained in Work sold or otherwise transferred to LOCKHEED ▇▇▇▇▇▇ hereunder is on the list of chemical substances compiled and published by the Administrator of the Environmental Protection Administration pursuant to the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.) as amended.
(d2) SELLER shall provide to LOCKHEED ▇▇▇▇▇▇ with each delivery any Material Safety Data Sheet applicable to the Work in conformance with and containing such information as required by the Occupational Safety and Health Act of 1970 and regulations promulgated there underthereunder, or its state State approved counterpart.
Appears in 2 contracts
Sources: General Provisions and Far Flowdown Provisions for International Subcontracts/Purchase Orders, General Provisions and Far Flowdown Provisions
Applicable Laws. (a) This Contract and any matter arising out of or related to this Contract shall be governed by the laws of the State from which this Contract is issued by LOCKHEED ▇▇▇▇▇▇, without regard to its conflicts of laws provisions, except that any provision in this Contract that is (i) incorporated in full text or by reference from the Federal Acquisition Regulations Regulation (FAR); or (ii) incorporated in full text or by reference from any agency regulation that implements or supplements the FAR or; (iii) that is substantially based on any such agency regulation or FAR provision, shall be construed and interpreted according to the federal common law of government contracts as enunciated and applied by federal judicial bodies, boards of contracts appeals, and quasi‐judicial agencies of the federal Government.
(1) SELLER, in the performance of this Contract, agrees to comply with all applicable local, state, and federal laws, orders, rules, regulations, and ordinances. SELLER shall procure all licenses/permits, permits and pay all fees, fees and other required charges charges, and shall comply with all applicable guidelines and directives of any local, state state, and/or federal governmental authority.
(2) If: If (i) LOCKHEED ▇▇▇▇▇▇'▇ contract price or fee is reduced; (ii) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (iii) any fines, penalties, withholdings, penalties or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (iv) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; as a result of any violation of applicable laws, orders, rules, regulations, or ordinances by SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (4) below.
(3) Where submission of cost or pricing data is required or requested at any time prior to or during performance of this Contract, if SELLER or its lower‐tier subcontractors: (i) submit and/or certify cost or pricing data that are defective; (ii) with notice of applicable cutoff dates and upon LOCKHEED ▇▇▇▇▇▇'▇ request to provide cost or pricing data, submit cost or pricing data, whether certified or not certified at the time of submission, as a prospective subcontractor, and any such data are defective as of the applicable cutoff date on LOCKHEED ▇▇▇▇▇▇'▇ Certificate of Current Cost or Pricing Data; (iii) claim an exception to a requirement to submit cost or pricing data and such exception is invalid; (iv) furnish data of any description that is inaccurate; or, if (v) the U.S. Government alleges any of the foregoing; and, as a result, (A) LOCKHEED ▇▇▇▇▇▇'▇ contract price or fee is reduced; (B) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (C) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (D) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (4) below.
(4) Upon the occurrence of any of the circumstances, other than withholdings, identified in paragraphs (2) and (3) above, LOCKHEED ▇▇▇▇▇▇ may make a reduction of corresponding amounts (in whole or in part) in the price of this Contract or any other contract with SELLER, and/or may demand payment (in whole or in part) of the corresponding amounts. SELLER shall promptly pay amounts so demanded. In the case of withholding(s), LOCKHEED ▇▇▇▇▇▇ may withhold the same amount from SELLER under this contractContract.
(c) SELLER represents that each chemical substance constituting or contained in Work sold or otherwise transferred to LOCKHEED ▇▇▇▇▇▇ hereunder is on the list of chemical substances compiled and published by the Administrator of the Environmental Protection Administration pursuant to the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.) as amended.
(d) SELLER shall provide to LOCKHEED ▇▇▇▇▇▇ with each delivery any Material Safety Data Sheet applicable to the Work in conformance with and containing such information as required by the Occupational Safety and Health Act of 1970 and regulations promulgated there under, or its state approved counterpart.
(e) SELLER shall be responsible for compliance with all requirements and obligations relating to its employees under all local, state, and federal statutes, ordinances, rules and obligations including, but not limited to, employer's obligations under laws relating to: income tax withholding and reporting; civil rights; equal employment opportunity; discrimination on the basis of age, sex, race, color, religion, disability, national origin, or veteran status; overtime; minimum wage; social security contribution and withholding; unemployment insurance; employer's liability insurance; worker's compensation; veteran's rights; and all other employment, labor or benefits related laws.
Appears in 2 contracts
Sources: General Provisions and Far Flowdown Provisions for Subcontracts/Purchase Orders for Non Commercial Services, General Provisions and Far Flowdown Provisions for Subcontracts/Purchase Orders for Non Commercial Services
Applicable Laws. (a) This Contract and any matter arising out of or related to this Contract shall be governed by the laws of the State from which this Contract is issued by LOCKHEED ▇▇▇▇▇▇, without regard to its conflicts of laws provisions, except that any provision in this Contract that is (i) incorporated in full text or by reference from the Federal Acquisition Regulations Regulation (FAR); or (ii) incorporated in full text or by reference from any agency regulation that implements or supplements the FAR or; (iii) that is substantially based on any such agency regulation or FAR provision, shall be construed and interpreted according to the federal common law of government contracts as enunciated and applied by federal judicial bodies, boards of contracts appeals, and quasi‐judicial quasi-judicial agencies of the federal Government.
(1) SELLER, in the performance of this Contract, agrees to shall comply with all applicable local, state, and federal laws, orders, rules, regulations, and ordinances. SELLER shall procure all licenses/permits, pay all fees, and other required charges charges, and shall comply with all applicable guidelines and directives of any local, state state, and/or federal governmental authority.
(2) If: (i) LOCKHEED ▇▇▇▇▇▇'▇ contract price or fee is reduced; (ii) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (iii) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (iv) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; as a result of any violation of applicable laws, orders, rules, regulations, or ordinances by SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (43) below.
(3) Where submission of cost or pricing data is required or requested at any time prior to or during performance of this Contract, if SELLER or its lower‐tier subcontractors: (i) submit and/or certify cost or pricing data that are defective; (ii) with notice of applicable cutoff dates and upon LOCKHEED ▇▇▇▇▇▇'▇ request to provide cost or pricing data, submit cost or pricing data, whether certified or not certified at the time of submission, as a prospective subcontractor, and any such data are defective as of the applicable cutoff date on LOCKHEED ▇▇▇▇▇▇'▇ Certificate of Current Cost or Pricing Data; (iii) claim an exception to a requirement to submit cost or pricing data and such exception is invalid; (iv) furnish data of any description that is inaccurate; or, if (v) the U.S. Government alleges any of the foregoing; and, as a result, (A) LOCKHEED ▇▇▇▇▇▇'▇ contract price or fee is reduced; (B) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (C) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (D) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (4) below.
(4) Upon the occurrence of any of the circumstances, other than withholdings, identified in paragraphs paragraph (2) and (3) above, LOCKHEED ▇▇▇▇▇▇ may make a reduction of corresponding amounts (in whole or in part) in the price of this Contract or any other contract with SELLER, and/or may demand payment (in whole or in part) of the corresponding amounts. SELLER shall promptly pay amounts so demanded. In the case of withholding(s), LOCKHEED ▇▇▇▇▇▇ may withhold the same amount from SELLER under this contractContract.
(4) In the event it is determined that the Work is not a Commercial Item as defined at FAR 2.101, then SELLER agrees that CorpDoc 3, General Provisions and FAR Flowdown Provisions for Subcontracts/Purchase Orders (All Agencies) for Non-Commercial Items under a U.S. Governmental Prime Contract, and the corresponding agency flowdowns shall be applicable to this Contract, in lieu of these terms and conditions, effective as of the date of this Contract.
(c) SELLER represents that each chemical substance constituting or contained in Work sold or otherwise transferred to LOCKHEED ▇▇▇▇▇▇ hereunder is on the list of chemical substances compiled and published by the Administrator of the Environmental Protection Administration pursuant to the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.) as amended.
(d) SELLER shall provide make available to LOCKHEED ▇▇▇▇▇▇ with each delivery any Material all Safety Data Sheet applicable Sheets for any material provided to LOCKHEED ▇▇▇▇▇▇, or brought or delivered to LOCKHEED ▇▇▇▇▇▇ or its customer's premises in the Work in conformance with and containing such information performance of this Contract as required by applicable law, such as the Occupational Safety and Health Act of 1970 and regulations promulgated there underthereunder.
(e) SELLER shall be responsible for compliance with all requirements and obligations relating to its employees under all local, state, and federal statutes, ordinances, rules, and obligations including, but not limited to, employer's obligations under laws relating to: income tax withholding and reporting; civil rights; equal employment opportunity; discrimination on the basis of age, sex, race, color, religion, disability, national origin, or its state approved counterpartveteran status; overtime; minimum wage; social security contribution and withholding; unemployment insurance; employer's liability insurance; worker's compensation; veteran's rights; and all other employment, labor, or benefits related laws.
(f) SELLER shall notify LOCKHEED ▇▇▇▇▇▇ promptly in writing if a charge of noncompliance with any law addressing occupational health and safety or protection of the environment has been filed against SELLER in connection with the performance of this Contract.
Appears in 2 contracts
Sources: General Provisions for Subcontracts/Purchase Orders, General Provisions for Subcontracts/Purchase Orders
Applicable Laws. (a) This Contract and any matter arising out of or related to this Contract shall be governed by and construed in accordance with the laws of the State from which this Contract is issued by LOCKHEED ▇▇▇▇▇▇, without regard to its conflicts of laws provisions, except that any provision in this Contract that is (i) incorporated in full text or by reference from the Federal Acquisition Regulations (FAR); or (ii) incorporated in full text or by reference from any agency regulation that implements or supplements the FAR or; (iii) that is substantially based on any such agency regulation or FAR provision, shall be construed and interpreted according to the federal common law of government contracts as enunciated and applied by federal judicial bodies, boards of contracts appeals, and quasi‐judicial quasi-judicial agencies of the federal Government.
(1) SELLERSeller, in the performance of this Contract, agrees to comply with all applicable local, state, and federal laws, orders, rules, regulations, and ordinances. SELLER shall procure all licenses/permits, pay all fees, and other required charges and shall comply with all applicable guidelines and directives of any local, state and/or federal governmental authority.
(2) If: (i) LOCKHEED ▇▇▇▇▇▇'▇ contract price or fee is reduced; (ii) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (iii) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (iv) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; as a result of any violation of applicable laws, orders, rules, regulations, or ordinances by SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (4) below.
(3) Where submission of cost or pricing data is required or requested at any time prior to or during performance of this Contract, if SELLER or its lower‐tier lower- tier subcontractors: (i) submit and/or certify cost or pricing data that are defective; (ii) with notice of applicable cutoff dates and upon LOCKHEED ▇▇▇▇▇▇'▇ request to provide cost or pricing data, submit cost or pricing data, whether certified or not certified at the time of submission, as a prospective subcontractor, and any such data are defective as of the applicable cutoff date on LOCKHEED ▇▇▇▇▇▇'▇ Certificate of Current Cost or Pricing Data; (iii) claim an exception to a requirement to submit cost or pricing data and such exception is invalid; (iv) furnish data of any description that is inaccurate; or, if (v) the U.S. Government alleges any of the foregoing; and, as a result, (A) LOCKHEED ▇▇▇▇▇▇'▇ contract price or fee is reduced; (B) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (C) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (D) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (4) below.
(4) Upon the occurrence of any of the circumstances, other than withholdings, identified in paragraphs (2) and (3) above, LOCKHEED ▇▇▇▇▇▇ may make a reduction of corresponding amounts (in whole or in part) in the price of this Contract or any other contract with SELLER, and/or may demand payment (in whole or in part) of the corresponding amounts. SELLER shall promptly pay amounts so demanded. In the case of withholding(s), LOCKHEED ▇▇▇▇▇▇ may withhold the same amount from SELLER under this contract.
(c) SELLER represents that each chemical substance constituting or contained in Work sold or otherwise transferred to LOCKHEED ▇▇▇▇▇▇ hereunder is on the list of chemical substances compiled and published by the Administrator of the Environmental Protection Administration pursuant to the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.) as amended.
(d) SELLER shall provide to LOCKHEED ▇▇▇▇▇▇ with each delivery any Material Safety Data Sheet applicable to the Work in conformance with and containing such information as required by the Occupational Safety and Health Act of 1970 and regulations promulgated there under, or its state approved counterpart.
Appears in 2 contracts
Sources: General Provisions and Far Flowdown Provisions for Subcontracts/Purchase Orders, General Provisions and Far Flowdown Provisions for Subcontracts/Purchase Orders
Applicable Laws. (a) This Contract and any matter arising out of or related to this Contract shall be governed by the laws of the State from which this Contract is issued by LOCKHEED ▇▇▇▇▇▇, without regard to its conflicts of laws provisions, except that any provision in this Contract that is is: (i) incorporated in full text or by reference from the Federal Acquisition Regulations Regulation (FAR); or ) or: (ii) incorporated in full text or by reference from any agency regulation that implements or supplements the FAR or; (iii) that is substantially based on any such agency regulation or FAR provision, shall be construed and interpreted according to the federal common law of government contracts as enunciated and applied by federal judicial bodies, boards of contracts appeals, and quasi‐judicial agencies of the federal Government. The provisions of the United Nations Convention on Contracts for International Sale of Goods shall not apply to this Contract.
(1) SELLER, in the performance of this Contract, agrees to comply with all applicable local, state, and federal laws, orders, representations rules, regulations, and ordinancesordinances of the United States and the country where SELLER will be performing the Contract. SELLER shall procure all licenses/permits, and pay all fees, and other required charges charges, and shall comply with all applicable guidelines and directives of any local, state state, and/or federal governmental authority.
(2) If: (i) LOCKHEED ▇▇▇▇▇▇'▇ contract price or fee is reduced; (ii) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (iii) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (iv) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; as a result of any violation of applicable laws, orders, rules, regulations, or ordinances by SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (43) below.
(3) Where submission of cost or pricing data is required or requested at any time prior to or during performance of this Contract, if SELLER or its lower‐tier subcontractors: (i) submit and/or certify cost or pricing data that are defective; (ii) with notice of applicable cutoff dates and upon LOCKHEED ▇▇▇▇▇▇'▇ request to provide cost or pricing data, submit cost or pricing data, whether certified or not certified at the time of submission, as a prospective subcontractor, and any such data are defective as of the applicable cutoff date on LOCKHEED ▇▇▇▇▇▇'▇ Certificate of Current Cost or Pricing Data; (iii) claim an exception to a requirement to submit cost or pricing data and such exception is invalid; (iv) furnish data of any description that is inaccurate; or, if (v) the U.S. Government alleges any of the foregoing; and, as a result, (A) LOCKHEED ▇▇▇▇▇▇'▇ contract price or fee is reduced; (B) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (C) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (D) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (4) below.
(4) Upon the occurrence of any of the circumstances, other than withholdings, identified in paragraphs (2) and (3) above, LOCKHEED ▇▇▇▇▇▇ may make a reduction of corresponding amounts (in whole or in part) in the price of this Contract or any other contract with SELLER, and/or may demand payment (in whole or in part) of the corresponding amounts. SELLER shall promptly pay amounts so demanded. In the case of withholding(s), LOCKHEED ▇▇▇▇▇▇ may withhold the same amount from SELLER under this contractContract.
(c4) In the event it is determined that the Work is not a Commercial Item as defined at FAR 2.101, then SELLER agrees that CORPDOC 3, General Provisions and FAR Flowdown Provisions for Subcontracts/Purchase Orders (All Agencies) for Non‐Commercial Items under a U.S. Governmental Prime Contract, and the corresponding agency flowdowns shall be applicable to this Contract, in lieu of these terms and conditions, effective as of the date of this Contract.
(1) SELLER shall comply with applicable laws and regulations relating to anti‐corruption, including, without limitation, (i) the United States Foreign Corrupt Practices Act (FCPA) (15 U.S.C. §§78dd‐1, et. seq.) irrespective of the place of performance, and (ii)laws and regulations implementing the Organization for Economic Cooperation and Development’s Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, the U.N. Convention Against Corruption, and the Inter‐ American Convention Against Corruption in SELLER’s country or any country where performance of this Contract will occur.
(2) In carrying out its responsibilities under this Contract –
(i) SELLER represents that it has not paid, offered, promised to pay or authorized and will not pay, offer, promise to pay, or authorize the payment directly or indirectly of any monies or anything of value to (i) any person or firm employed by or acting for on behalf of any customer, whether private or governmental, or (ii) any government official or employee or any political party or candidate for political office for the purpose of influencing any act or decision or inducing or rewarding any action by the customer in any commercial transaction or in any governmental matter or securing any improper advantage to assist LOCKHEED ▇▇▇▇▇▇ or SELLER in obtaining or retaining business or directing business to any person.
(ii) No owner, partner, officer, director or employee of SELLER or of any parent or subsidiary company of SELLER is or will become an official or employee of the government or of an agency or instrumentality of a government or a candidate for political office or a political party official during the term of this Contract, unless such person obtains the prior written approval of LOCKHEED ▇▇▇▇▇▇.
(iii) SELLER has not made and will not make, either directly or indirectly, any improper payments.
(iv) SELLER has not made and will not make any facilitating payment (as that term is defined in the FCPA) without the prior written approval of LOCKHEED ▇▇▇▇▇▇.
(d) If the Work is to be shipped to, or performed in the United States:
(1) SELLER represents that each chemical substance constituting or contained in Work sold or otherwise transferred to LOCKHEED ▇▇▇▇▇▇ hereunder is on the list of chemical substances compiled and published by the Administrator of the Environmental Protection Administration pursuant to the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.) as amended.
(d2) SELLER shall provide to LOCKHEED ▇▇▇▇▇▇ with each delivery any Material Safety Data Sheet applicable to the Work in conformance with and containing such information as required by the Occupational Safety and Health Act of 1970 and regulations promulgated there underthereunder, or its state State approved counterpart.
Appears in 2 contracts
Sources: General Provisions and Far Flowdown Provisions for International Subcontracts/Purchase Orders, General Provisions and Far Flowdown Provisions for International Subcontracts/Purchase Orders
Applicable Laws. (a) This Contract and any matter arising out of or related to this Contract shall be governed by the laws of the State from which this Contract is issued by LOCKHEED ▇▇▇▇▇▇, without regard to its conflicts of laws provisions, except that any provision in this Contract that is (i) incorporated in full text or by reference from the Federal Acquisition Regulations (FAR); or (ii) incorporated in full text or by reference from any agency regulation that implements or supplements the FAR or; (iii) that is substantially based on any such agency regulation or FAR provision, shall be construed and interpreted according to the federal common law of government contracts as enunciated and applied by federal judicial bodies, boards of contracts appeals, and quasi‐judicial agencies of the federal Government.
(1) SELLER, in the performance of this Contract, agrees to shall comply with all applicable local, state, and federal laws, orders, rules, regulations, and ordinances. SELLER shall procure all licenses/permits, pay all fees, and other required charges and shall comply with all applicable guidelines and directives of any local, state and/or federal governmental authority.
(2) If: (i) LOCKHEED ▇▇▇▇▇▇'▇ contract price or fee is reduced; (ii) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (iii) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (iv) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; as a result of any violation of applicable laws, orders, rules, regulations, or ordinances by SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (4) below.
(3) Where submission of cost or pricing data is required or requested at any time prior to or during performance of this Contract, if SELLER or its lower‐tier subcontractors: (i) submit and/or certify cost or pricing data that are defective; (ii) with notice of applicable cutoff dates and upon LOCKHEED ▇▇▇▇▇▇'▇ request to provide cost or pricing data, submit cost or pricing data, whether certified or not certified at the time of submission, as a prospective subcontractor, and any such data are defective as of the applicable cutoff date on LOCKHEED ▇▇▇▇▇▇'▇ Certificate of Current Cost or Pricing Data; (iii) claim an exception to a requirement to submit cost or pricing data and such exception is invalid; (iv) furnish data of any description that is inaccurate; or, if (v) the U.S. Government alleges any of the foregoing; and, as a result, (A) LOCKHEED ▇▇▇▇▇▇'▇ contract price or fee is reduced; (B) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (C) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (D) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (4) below.
(4) Upon the occurrence of any of the circumstances, other than withholdings, identified in paragraphs (2) and (3) above, LOCKHEED ▇▇▇▇▇▇ may make a reduction of corresponding amounts (in whole or in part) in the price of this Contract or any other contract with SELLER, and/or may demand payment (in whole or in part) of the corresponding amounts. SELLER shall promptly pay amounts so demanded. In the case of withholding(s), LOCKHEED ▇▇▇▇▇▇ may withhold the same amount from SELLER under this contract.
(c) SELLER represents that each chemical substance constituting or contained in Work sold or otherwise transferred to LOCKHEED ▇▇▇▇▇▇ hereunder is on the list of chemical substances compiled and published by the Administrator of the Environmental Protection Administration pursuant to the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.) as amended.
(d) SELLER shall provide make available to LOCKHEED ▇▇▇▇▇▇ with each delivery any Material all Safety Data Sheet applicable Sheets for any material provided to LOCKHEED ▇▇▇▇▇▇, or brought or delivered to LOCKHEED ▇▇▇▇▇▇ or its customer's premises in the Work in conformance with and containing such information performance of this Contract as required by applicable law, such as the Occupational Safety and Health Act of 1970 and regulations promulgated there under, or its state approved counterpartthereunder.
Appears in 2 contracts
Sources: General Provisions for Subcontracts/Purchase Orders, General Provisions for Subcontracts/Purchase Orders
Applicable Laws. (a) This Contract and any matter arising out of or related to this Contract shall be governed by the laws of the State from which this Contract is issued by LOCKHEED ▇▇▇▇▇▇, without regard to its conflicts of laws provisions, except that any provision in this Contract that is (i) incorporated in full text or by reference from the Federal Acquisition Regulations (FAR); or (ii) incorporated in full text or by reference from any agency regulation that implements or supplements the FAR orFAR; or (iii) that is substantially based on any such agency regulation or FAR provision, shall be construed and interpreted according to the federal common law of government Government contracts as enunciated and applied by federal judicial bodies, boards of contracts appeals, and quasi‐judicial agencies of the federal Government.
(1) SELLER, in the performance of this Contract, agrees to comply with all applicable local, state, and federal laws, orders, rules, regulations, and ordinancesordinances of the United States and the country where SELLER will be performing the Contract. SELLER shall procure all licenses/permits, and pay all fees, and other required charges and charges. SELLER shall comply with of all applicable guidelines and directives of any local, state state, and/or federal governmental authority.
(2) If: (i) LOCKHEED ▇▇▇▇▇▇'▇ contract price cost or fee is reduced; (ii) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (iii) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (iv) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; as a result of any violation of applicable laws, orders, rules, regulations, or ordinances by SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (4) below.
(3) Where submission of cost or pricing data is required or requested at any time prior to or during performance of this Contract, if SELLER or its lower‐tier subcontractors: (i) submit and/or certify cost or pricing data that are defective; (ii) with notice of applicable cutoff dates and upon LOCKHEED ▇▇▇▇▇▇'▇ request to provide cost or pricing data, submit cost or pricing data, whether certified or not certified at the time of submission, as a prospective subcontractor, and any such data are defective as of the applicable cutoff date on LOCKHEED ▇▇▇▇▇▇'▇ Certificate of Current Cost or Pricing Data; (iii) claim an exception to a requirement to submit cost or pricing data and such exception is invalid; (iv) furnish data of any description that is inaccurate; or, or if (v) the U.S. Government alleges any of the foregoing; and, as a result, (A1) LOCKHEED ▇▇▇▇▇▇'▇ contract Contract price or fee is reduced; (B2) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (C3) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (D4) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (4) below.
(4) Upon the occurrence of any of the circumstances, other than withholdings, identified in paragraphs (2) and (3) above, LOCKHEED ▇▇▇▇▇▇ may make a reduction of corresponding amounts (in whole or in part) in the price costs and fee of this Contract or any other contract with SELLER, and/or may demand payment (in whole or in part) of the corresponding amounts. SELLER shall promptly pay amounts so demanded. Such sums shall not be considered allowable costs under any provision of the Contract. In the case of withholding(s), LOCKHEED ▇▇▇▇▇▇ may withhold the same amount from SELLER under this contractContract.
(c) SELLER represents that each chemical substance constituting or contained in Work sold or otherwise transferred to LOCKHEED ▇▇▇▇▇▇ hereunder is on the list of chemical substances compiled and published by the Administrator of the Environmental Protection Administration pursuant to the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.) as amended.
(d) SELLER shall provide to LOCKHEED ▇▇▇▇▇▇ with each delivery any Material Safety Data Sheet applicable to the Work in conformance with and containing such information as required by the Occupational Safety and Health Act of 1970 and regulations promulgated there underthereunder, or its state approved counterpart.
Appears in 2 contracts
Sources: General Provisions for Time and Material and Labor Hour Subcontracts/Purchase Orders, General Provisions and Far Flowdown Provisions for Time and Material and Labor Hour Subcontracts/Purchase Orders
Applicable Laws. (a) This Contract and any matter arising out of or related to this Contract shall be governed by the laws of the State from which this Contract is issued by LOCKHEED ▇▇▇▇▇▇, without regard to its conflicts of laws provisions, except that any provision in this Contract that is (i) incorporated in full text or by reference from the Federal Acquisition Regulations Regulation (FAR); or (ii) incorporated in full text or by reference from any agency regulation that implements or supplements the FAR or; (iii) that is substantially based on any such agency regulation or FAR provision, shall be construed and interpreted according to the federal common law of government contracts as enunciated and applied by federal judicial bodies, boards of contracts appeals, and quasi‐judicial quasi-judicial agencies of the federal Government.
(1) SELLER, in the performance of this Contract, agrees to shall comply with all applicable local, state, and federal laws, orders, rules, regulations, and ordinances. SELLER shall procure all licenses/permits, and pay all fees, and other required charges charges, and shall comply with all applicable guidelines and directives of any local, state state, and/or federal governmental authority.
(2) If: (i) LOCKHEED ▇▇▇▇▇▇'▇ contract price or fee is reduced; (ii) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (iii) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (iv) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; as a result of any violation of applicable laws, orders, rules, regulations, or ordinances by SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (43) below.
(3) Where submission of cost or pricing data is required or requested at any time prior to or during performance of this Contract, if SELLER or its lower‐tier subcontractors: (i) submit and/or certify cost or pricing data that are defective; (ii) with notice of applicable cutoff dates and upon LOCKHEED ▇▇▇▇▇▇'▇ request to provide cost or pricing data, submit cost or pricing data, whether certified or not certified at the time of submission, as a prospective subcontractor, and any such data are defective as of the applicable cutoff date on LOCKHEED ▇▇▇▇▇▇'▇ Certificate of Current Cost or Pricing Data; (iii) claim an exception to a requirement to submit cost or pricing data and such exception is invalid; (iv) furnish data of any description that is inaccurate; or, if (v) the U.S. Government alleges any of the foregoing; and, as a result, (A) LOCKHEED ▇▇▇▇▇▇'▇ contract price or fee is reduced; (B) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (C) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (D) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (4) below.
(4) Upon the occurrence of any of the circumstances, other than withholdings, identified in paragraphs paragraph (2) and (3) above, LOCKHEED ▇▇▇▇▇▇ may make a reduction of corresponding amounts (in whole or in part) in the price of this Contract or any other contract with SELLER, and/or may demand payment (in whole or in part) of the corresponding amounts. SELLER shall promptly pay amounts so demanded. In the case of withholding(s), LOCKHEED ▇▇▇▇▇▇ may withhold the same amount from SELLER under this contractContract.
(4) In the event it is determined that the Work is not a Commercial Item as defined at FAR 2.101, then SELLER agrees that CORPDOC 3, General Provisions and FAR Flowdown Provisions for Subcontracts/Purchase Orders (All Agencies) for Non-Commercial Items under a U.S. Governmental Prime Contract, and the corresponding agency flowdowns shall be applicable to this Contract, in lieu of these terms and conditions, effective as of the date of this Contract.
(c) SELLER represents that each chemical substance constituting or contained in Work sold or otherwise transferred to LOCKHEED ▇▇▇▇▇▇ hereunder is on the list of chemical substances compiled and published by the Administrator of the Environmental Protection Administration pursuant to the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.) as amended.
(d) SELLER shall provide make available to LOCKHEED ▇▇▇▇▇▇ with each delivery any Material all Safety Data Sheet applicable Sheets for any material provided to LOCKHEED ▇▇▇▇▇▇, or brought or delivered to LOCKHEED ▇▇▇▇▇▇ or its customer's premises in the Work in conformance with and containing such information performance of this Contract as required by applicable law, such as the Occupational Safety and Health Act of 1970 and regulations promulgated there under, or its state approved counterpartthereunder.
Appears in 2 contracts
Sources: Subcontract/Purchase Order Agreement, Subcontract/Purchase Order Agreement
Applicable Laws. (a) This Contract and any matter arising out of or related to this Contract shall be governed by the laws of the State from which this Contract is issued by LOCKHEED ▇▇▇▇▇▇, without regard to its conflicts of laws provisions, except that any provision in this Contract that is (i) incorporated in full text or by reference from the Federal Acquisition Regulations Regulation (FAR); or (ii) incorporated in full text or by reference from any agency regulation that implements or supplements the FAR or; (iii) that is substantially based on any such agency regulation or FAR provision, shall be construed and interpreted according to the federal common law of government contracts as enunciated and applied by federal judicial bodies, boards of contracts appeals, and quasi‐judicial agencies of the federal Government.
(1) SELLER, in the performance of this Contract, agrees to comply with all applicable local, state, and federal laws, orders, rules, regulations, and ordinances. SELLER shall procure all licenses/permits, pay all fees, and other required charges charges, and shall comply with all applicable guidelines and directives of any local, state state, and/or federal governmental authority.
(2) If: (i) LOCKHEED ▇▇▇▇▇▇'▇ MARTIN's contract price or fee is reduced; (ii) LOCKHEED ▇▇▇▇▇▇'▇ MARTIN's costs are determined to be unallowable; (iii) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (iv) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; as a result of any violation of applicable laws, orders, rules, regulations, or ordinances by SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (43) below.
(3) Where submission of cost or pricing data is required or requested at any time prior to or during performance of this Contract, if SELLER or its lower‐tier subcontractors: (i) submit and/or certify cost or pricing data that are defective; (ii) with notice of applicable cutoff dates and upon LOCKHEED ▇▇▇▇▇▇'▇ request to provide cost or pricing data, submit cost or pricing data, whether certified or not certified at the time of submission, as a prospective subcontractor, and any such data are defective as of the applicable cutoff date on LOCKHEED ▇▇▇▇▇▇'▇ Certificate of Current Cost or Pricing Data; (iii) claim an exception to a requirement to submit cost or pricing data and such exception is invalid; (iv) furnish data of any description that is inaccurate; or, if (v) the U.S. Government alleges any of the foregoing; and, as a result, (A) LOCKHEED ▇▇▇▇▇▇'▇ contract price or fee is reduced; (B) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (C) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (D) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (4) below.
(4) Upon the occurrence of any of the circumstances, other than withholdings, identified in paragraphs paragraph (2) and (3) above, LOCKHEED ▇▇▇▇▇▇ may make a reduction of corresponding amounts (in whole or in part) in the price of this Contract or any other contract with SELLER, and/or may demand payment (in whole or in part) of the corresponding amounts. SELLER shall promptly pay amounts so demanded. In the case of withholding(s), LOCKHEED ▇▇▇▇▇▇ may withhold the same amount from SELLER under this contractContract.
(4) In the event it is determined that the Work is not a Commercial Item as defined at FAR 2.101, then SELLER agrees that CorpDoc 3, General Provisions and FAR Flowdown Provisions for Subcontracts/Purchase Orders (All Agencies) for Non‐Commercial Items under a U.S. Governmental Prime Contract, and the corresponding agency flowdowns shall be applicable to this Contract, in lieu of these terms and conditions, effective as of the date of this Contract.
(c) SELLER represents that each chemical substance constituting or contained in Work sold or otherwise transferred to LOCKHEED ▇▇▇▇▇▇ hereunder is on the list of chemical substances compiled and published by the Administrator of the Environmental Protection Administration pursuant to the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.) as amended.
(d) SELLER shall provide to LOCKHEED ▇▇▇▇▇▇ with each delivery any Material Safety Data Sheet applicable to the Work in conformance with and containing such information as required by the Occupational Safety and Health Act of 1970 and regulations promulgated there under, or its state approved counterpart.
(e) SELLER shall be responsible for compliance with all requirements and obligations relating to its employees under all local, state, and federal statutes, ordinances, rules, and obligations including, but not limited to, employer's obligations under laws relating to: income tax withholding and reporting; civil rights; equal employment opportunity; discrimination on the basis of age, sex, race, color, religion, disability, national origin, or veteran status; overtime; minimum wage; social security contribution and withholding; unemployment insurance; employer's liability insurance; worker's compensation; veteran's rights; and all other employment, labor, or benefits related laws.
Appears in 2 contracts
Sources: General Provisions and Far Flowdown Provisions for Subcontracts/Purchase Orders, General Provisions and Far Flowdown Provisions for Subcontracts/Purchase Orders
Applicable Laws. (a) This Contract and any matter arising out of or related to this Contract shall be governed by and construed in accordance with the laws of the State from which this Contract is issued by LOCKHEED ▇▇▇▇▇▇, without regard to its conflicts of laws provisions, except that any provision in this Contract that is (i) incorporated in full text or by reference from the Federal Acquisition Regulations (FAR); ) or (ii) incorporated in full text or by reference from any agency regulation that implements or supplements the FAR or; or (iii) that is substantially based on any such agency regulation or FAR provision, shall be construed and interpreted according to the federal common law of government Government contracts as enunciated and applied by federal judicial bodies, boards of contracts appeals, and quasi‐judicial quasi-judicial agencies of the federal Government.
(1) SELLER, in the performance of this Contract, agrees to comply with all applicable local, state, and federal laws, orders, rules, regulations, and ordinances. SELLER shall procure all licenses/permits, permits and pay all fees, fees and other required charges and charges. SELLER shall comply with all applicable guidelines and directives of any local, state state, and/or federal governmental authority.
(2) If: (i) LOCKHEED ▇▇▇▇▇▇'▇ contract price cost or fee is reduced; (ii) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (iii) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (iv) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; as a result of any violation of applicable laws, orders, rules, regulations, or ordinances by SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (4) below.
(3) Where submission of cost or pricing data is required or requested at any time prior to or during performance of this Contract, if SELLER or its lower‐tier lower-tier subcontractors: (i) submit and/or certify cost or pricing data that are defective; (ii) with notice of applicable cutoff dates and upon LOCKHEED ▇▇▇▇▇▇'▇ request to provide cost or pricing data, submit cost or pricing data, whether certified or not certified at the time of submission, as a prospective subcontractor, and any such data are defective as of the applicable cutoff date on LOCKHEED ▇▇▇▇▇▇'▇ Certificate of Current Cost or Pricing Data; (iii) claim an exception to a requirement to submit cost or pricing data and such exception is invalid; (iv) furnish data of any description that is inaccurate; or, or if (v) the U.S. Government alleges any of the foregoing; and, as a result, (A) LOCKHEED ▇▇▇▇▇▇'▇ contract Contract price or fee is reduced; (B) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (C) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (D) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in paragraph (4) below.
(4) Upon the occurrence of any of the circumstances, other than withholdings, identified in paragraphs (2) and (3) above, LOCKHEED ▇▇▇▇▇▇ may make a reduction of corresponding amounts (in whole or in part) in the price costs and fee of this Contract or any other contract with SELLER, and/or may demand payment (in whole or in part) of the corresponding amounts. SELLER shall promptly pay amounts so demanded. Such sums shall not be considered allowable costs under any provision of the Contract. In the case of withholding(s), LOCKHEED ▇▇▇▇▇▇ may withhold the same amount from SELLER under this contractContract.
(c) SELLER represents that each chemical substance constituting or contained in Work sold or otherwise transferred to LOCKHEED ▇▇▇▇▇▇ hereunder is on the list of chemical substances compiled and published by the Administrator of the Environmental Protection Administration pursuant to the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.) as amended.
(d) SELLER shall provide to LOCKHEED ▇▇▇▇▇▇ with each delivery any Material Safety Data Sheet applicable to the Work in conformance with and containing such information as required by the Occupational Safety and Health Act of 1970 and regulations promulgated there underthereunder, or its state approved counterpart.
(e) SELLER shall be responsible for compliance with all requirements and obligations relating to its employees under all local, state, and federal statutes, ordinances, rules and obligations including, but not limited to, employer's obligations under laws relating to: income tax withholding and reporting; civil rights; equal employment opportunity; discrimination on the basis of age, sex, race, color, religion, disability, national origin, or veteran status; overtime; minimum wage; social security contribution and withholding; unemployment insurance; employer's liability insurance; worker's compensation; veteran's rights; and all other employment, labor or benefits related laws.
Appears in 2 contracts
Sources: Cost Reimbursement Subcontract, Cost Reimbursement Subcontract
Applicable Laws. (a) This Contract and any matter arising out of or related to this Contract shall be governed by and construed in accordance with the laws of the State from which this Contract is issued by LOCKHEED ▇▇▇▇▇▇, without regard to its conflicts of laws provisions, except that any provision in this Contract that is (i) incorporated in full text or by reference from the Federal Acquisition Regulations (FAR); ) or (ii) incorporated in full text or by reference from any agency regulation that implements or supplements the FAR or; or (iii) that is substantially based on any such agency regulation or FAR provision, shall be construed and interpreted according to the federal common law of government Government contracts as enunciated and applied by federal judicial bodies, boards of contracts appeals, and quasi‐judicial quasi-judicial agencies of the federal Government.
(1) SELLER, in the performance of this Contract, agrees to comply with all applicable local, state, and federal laws, orders, rules, regulations, and ordinances. SELLER shall procure all licenses/permits, permits and pay all fees, fees and other required charges and charges. SELLER shall comply with all applicable guidelines and directives of any local, state state, and/or federal governmental authority.
(2) If: (i) LOCKHEED ▇▇▇▇▇▇'▇ contract price cost or fee is reduced; (ii) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (iii) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (iv) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; as a result of any violation of applicable laws, orders, rules, regulations, or ordinances by SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (4) below.
(3) Where submission of cost or pricing data is required or requested at any time prior to or during performance of this Contract, if SELLER or its lower‐tier lower-tier subcontractors: (i) submit and/or certify cost or pricing data that are defective; (ii) with notice of applicable cutoff dates and upon LOCKHEED ▇▇▇▇▇▇'▇ request to provide cost or pricing data, submit cost or pricing data, whether certified or not certified at the time of submission, as a prospective subcontractor, and any such data are defective as of the applicable cutoff date on LOCKHEED ▇▇▇▇▇▇'▇ Certificate of Current Cost or Pricing Data; (iii) claim an exception to a requirement to submit cost or pricing data and such exception is invalid; (iv) furnish data of any description that is inaccurate; or, or if (v) the U.S. Government alleges any of the foregoing; and, as a result, (A) LOCKHEED ▇▇▇▇▇▇'▇ contract Contract price or fee is reduced; (B) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (C) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (D) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in paragraph (4) below.
(4) Upon the occurrence of any of the circumstances, other than withholdings, identified in paragraphs (2) and (3) above, LOCKHEED ▇▇▇▇▇▇ may make a reduction of corresponding amounts (in whole or in part) in the price costs and fee of this Contract or any other contract with SELLER, and/or may demand payment (in whole or in part) of the corresponding amounts. SELLER shall promptly pay amounts so demanded. Such sums shall not be considered allowable costs under any provision of the Contract. In the case of withholding(s), LOCKHEED ▇▇▇▇▇▇ may withhold the same amount from SELLER under this contractContract.
(c) SELLER represents that each chemical substance constituting or contained in Work sold or otherwise transferred to LOCKHEED ▇▇▇▇▇▇ hereunder is on the list of chemical substances compiled and published by the Administrator of the Environmental Protection Administration pursuant to the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.) as amended.
(d) SELLER shall provide to LOCKHEED ▇▇▇▇▇▇ with each delivery any Material Safety Data Sheet applicable to the Work in conformance with and containing such information as required by the Occupational Safety and Health Act of 1970 and regulations promulgated there underthereunder, or its state approved counterpart.
Appears in 2 contracts
Sources: Cost Reimbursement Subcontract, Cost Reimbursement Subcontract
Applicable Laws. (a) This Contract and any matter arising out of or related to this Contract shall be governed by the laws of the State from which this Contract is issued by LOCKHEED Lockheed ▇▇▇▇▇▇, without regard to its conflicts of laws provisions, except that any provision in this Contract that is (i) incorporated in full text or by reference from the Federal Acquisition Regulations Regulation (FAR); or (ii) incorporated in full text or by reference from any agency regulation that implements or supplements the FAR or; (iii) that is substantially based on any such agency regulation or FAR provision, shall be construed and interpreted according to the federal common law of government contracts as enunciated and applied by federal judicial bodies, boards of contracts appeals, and quasi‐judicial agencies of the federal Government.
(1) SELLER, in the performance of this Contract, agrees to comply with all applicable local, state, and federal laws, orders, rules, regulations, and ordinances. SELLER shall procure all licenses/permits, and pay all fees, and other required charges charges, and shall comply with all applicable guidelines and directives of any local, state state, and/or federal governmental authority.
(2) If: (i) LOCKHEED ▇▇▇▇▇▇'▇ contract price or fee is reduced; (ii) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (iii) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (iv) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; as a result of any violation of applicable laws, orders, rules, regulations, or ordinances by SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (43) below.
(3) Where submission of cost or pricing data is required or requested at any time prior to or during performance of this Contract, if SELLER or its lower‐tier subcontractors: (i) submit and/or certify cost or pricing data that are defective; (ii) with notice of applicable cutoff dates and upon LOCKHEED ▇▇▇▇▇▇'▇ request to provide cost or pricing data, submit cost or pricing data, whether certified or not certified at the time of submission, as a prospective subcontractor, and any such data are defective as of the applicable cutoff date on LOCKHEED ▇▇▇▇▇▇'▇ Certificate of Current Cost or Pricing Data; (iii) claim an exception to a requirement to submit cost or pricing data and such exception is invalid; (iv) furnish data of any description that is inaccurate; or, if (v) the U.S. Government alleges any of the foregoing; and, as a result, (A) LOCKHEED ▇▇▇▇▇▇'▇ contract price or fee is reduced; (B) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (C) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (D) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (4) below.
(4) Upon the occurrence of any of the circumstances, other than withholdings, identified in paragraphs paragraph (2) and (3) above, LOCKHEED ▇▇▇▇▇▇ may make a reduction of corresponding amounts (in whole or in part) in the price of this Contract or any other contract with SELLER, and/or may demand payment (in whole or in part) of the corresponding amounts. SELLER shall promptly pay amounts so demanded. In the case of withholding(s), LOCKHEED ▇▇▇▇▇▇ may withhold the same amount from SELLER under this contractContract.
(4) In the event it is determined that the Work is not a Commercial Item as defined at FAR 2.101, then SELLER agrees that CORPDOC 3, General Provisions and FAR Flowdown Provisions for Subcontracts/Purchase Orders (All Agencies) for Non‐Commercial Items under a U.S. Governmental Prime Contract, and the corresponding agency flowdowns shall be applicable to this Contract, in lieu of these terms and conditions, effective as of the date of this Contract.
(c) SELLER represents that each chemical substance constituting or contained in Work sold or otherwise transferred to LOCKHEED ▇▇▇▇▇▇ hereunder is on the list of chemical substances compiled and published by the Administrator of the Environmental Protection Administration pursuant to the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.) as amended.
(d) SELLER shall provide to LOCKHEED ▇▇▇▇▇▇ with each delivery any Material Safety Data Sheet applicable to the Work in conformance with and containing such information as required by the Occupational Safety and Health Act of 1970 and regulations promulgated there under, or its state State approved counterpart.
Appears in 2 contracts
Sources: General Provisions and Far Flowdown Provisions for Subcontracts/Purchase Orders for Commercial Items, General Provisions and Far Flowdown Provisions for Subcontracts/Purchase Orders for Commercial Items
Applicable Laws. (a) This Contract and any matter arising out of or related to this Contract shall be governed by the laws of the State from which this Contract is issued by LOCKHEED ▇▇▇▇▇▇, without regard to its conflicts of laws provisions, except that any provision in this Contract that is (i) incorporated in full text or by reference from the Federal Acquisition Regulations (FAR); ) or (ii) incorporated in full text or by reference from any agency regulation that implements or supplements the FAR or; or (iii) that is substantially based on any such agency regulation or FAR provision, shall be construed and interpreted according to the federal common law of government Government contracts as enunciated and applied by federal judicial bodies, boards of contracts appeals, and quasi‐judicial agencies of the federal Government.
(1) SELLER, in the performance of this Contract, agrees to shall comply with all applicable local, state, and federal laws, orders, rules, regulations, and ordinances. SELLER shall procure all licenses/permits, permits and pay all fees, fees and other required charges and charges. SELLER shall comply with all applicable guidelines and directives of any local, state state, and/or federal governmental authority.
(2) If: (i) LOCKHEED ▇▇▇▇▇▇'▇ contract price cost or fee is reduced; (ii) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (iii) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (iv) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; as a result of any violation of applicable laws, orders, rules, regulations, or ordinances by SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (4) below.
(3) Where submission of cost or pricing data is required or requested at any time prior to or during performance of this Contract, if SELLER or its lower‐tier subcontractors: (i) submit and/or certify cost or pricing data that are defective; (ii) with notice of applicable cutoff dates and upon LOCKHEED ▇▇▇▇▇▇'▇ request to provide cost or pricing data, submit cost or pricing data, whether certified or not certified at the time of submission, as a prospective subcontractor, and any such data are defective as of the applicable cutoff date on LOCKHEED ▇▇▇▇▇▇'▇ Certificate of Current Cost or Pricing Data; (iii) claim an exception to a requirement to submit cost or pricing data and such exception is invalid; (iv) furnish data of any description that is inaccurate; or, or if (v) the U.S. Government alleges any of the foregoing; and, as a result, (A) LOCKHEED ▇▇▇▇▇▇'▇ contract Contract price or fee is reduced; (B) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (C) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (D) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in paragraph (4) below.
(4) Upon the occurrence of any of the circumstances, other than withholdings, identified in paragraphs (2) and (3) above, LOCKHEED ▇▇▇▇▇▇ may make a reduction of corresponding amounts (in whole or in part) in the price costs and fee of this Contract or any other contract with SELLER, and/or may demand payment (in whole or in part) of the corresponding amounts. SELLER shall promptly pay amounts so demanded. Such sums shall not be considered allowable costs under any provision of the Contract. In the case of withholding(s), LOCKHEED ▇▇▇▇▇▇ may withhold the same amount from SELLER under this contractContract.
(c) SELLER represents that each chemical substance constituting or contained in Work sold or otherwise transferred to LOCKHEED ▇▇▇▇▇▇ hereunder is on the list of chemical substances compiled and published by the Administrator of the Environmental Protection Administration pursuant to the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.) as amended.
(d) SELLER shall provide make available to LOCKHEED ▇▇▇▇▇▇ with each delivery any Material all Safety Data Sheet applicable Sheets for any material provided to LOCKHEED ▇▇▇▇▇▇, or brought or delivered to LOCKHEED ▇▇▇▇▇▇ or its customer's premises in the Work in conformance with and containing such information performance of this Contract as required by applicable law, such as the Occupational Safety and Health Act of 1970 and regulations promulgated there underthereunder.
(e) SELLER shall be responsible for compliance with all requirements and obligations relating to its employees under all local, state, and federal statutes, ordinances, rules and obligations including, but not limited to, employer's obligations under laws relating to: income tax withholding and reporting; civil rights; equal employment opportunity; discrimination on the basis of age, sex, race, color, religion, disability, national origin, or its state approved counterpartveteran status; overtime; minimum wage; social security contribution and withholding; unemployment insurance; employer's liability insurance; worker's compensation; veteran's rights; and all other employment, labor or benefits related laws.
(f) SELLER shall notify LOCKHEED ▇▇▇▇▇▇ promptly in writing if a charge of noncompliance with any law addressing occupational health and safety or protection of the environment has been filed against SELLER in connection with the performance of this Contract.
Appears in 2 contracts
Sources: Time and Material and Labor Hour Subcontract, Time and Material and Labor Hour Subcontract
Applicable Laws. (a) This Contract and any matter arising out of or related to this Contract shall be governed by and construed in accordance with the laws of the State from which this Contract is issued by LOCKHEED ▇▇▇▇▇▇, without regard to its conflicts of laws provisions, except that any provision in this Contract that is (i) incorporated in full text or by reference from the Federal Acquisition Regulations Regulation (FAR); or (ii) incorporated in full text or by reference from any agency regulation that implements or supplements the FAR or; (iii) that is substantially based on any such agency regulation or FAR provision, shall be construed and interpreted according to the federal common law of government contracts as enunciated and applied by federal judicial bodies, boards of contracts appeals, and quasi‐judicial quasi-judicial agencies of the federal Government.
(1) SELLER, in the performance of this Contract, agrees to comply with all applicable local, state, and federal laws, orders, rules, regulations, and ordinances. SELLER shall procure all licenses/permits, permits and pay all fees, fees and other required charges , and shall comply with all applicable guidelines and directives of any local, state state, and/or federal governmental authority.
(2) If: If (i) LOCKHEED ▇▇▇▇▇▇'▇ contract price or fee is reduced; (ii) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (iii) any fines, penalties, withholdings, penalties or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (iv) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; as a result of any violation of applicable laws, orders, rules, regulations, or ordinances by SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (4) below.
(3) Where submission of cost or pricing data is required or requested at any time prior to or during performance of this Contract, if SELLER or its lower‐tier lower-tier subcontractors: (i) submit and/or certify cost or pricing data that are defective; (ii) with notice of applicable cutoff dates and upon LOCKHEED ▇▇▇▇▇▇'▇ request to provide cost or pricing data, submit cost or pricing data, whether certified or not certified at the time of submission, as a prospective subcontractor, and any such data are defective as of the applicable cutoff date on LOCKHEED ▇▇▇▇▇▇'▇ Certificate of Current Cost or Pricing Data; (iii) claim an exception to a requirement to submit cost or pricing data and such exception is invalid; (iv) furnish data of any description that is inaccurate; or, if (v) the U.S. Government alleges any of the foregoing; and, as a result, (A) LOCKHEED ▇▇▇▇▇▇'▇ contract price or fee is reduced; (B) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (C) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (D) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (4) below.
(4) Upon the occurrence of any of the circumstances, other than withholdings, identified in paragraphs (2) and (3) above, LOCKHEED ▇▇▇▇▇▇ may make a reduction of corresponding amounts (in whole or in part) in the price of this Contract or any other contract with SELLER, and/or may demand payment (in whole or in part) of the corresponding amounts. SELLER shall promptly pay amounts so demanded. In the case of withholding(s), LOCKHEED ▇▇▇▇▇▇ may withhold the same amount from SELLER under this contractContract.
(c) SELLER represents that each chemical substance constituting or contained in Work sold or otherwise transferred to LOCKHEED ▇▇▇▇▇▇ hereunder is on the list of chemical substances compiled and published by the Administrator of the Environmental Protection Administration pursuant to the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.) as amended.
(d) SELLER shall provide to LOCKHEED ▇▇▇▇▇▇ with each delivery any Material Safety Data Sheet applicable to the Work in conformance with and containing such information as required by the Occupational Safety and Health Act of 1970 and regulations promulgated there under, or its state approved counterpart.
(e) SELLER shall be responsible for compliance with all requirements and obligations relating to its employees under all local, state, and federal statutes, ordinances, rules and obligations including, but not limited to, employer's obligations under laws relating to: income tax withholding and reporting; civil rights; equal employment opportunity; discrimination on the basis of age, sex, race, color, religion, disability, national origin, or veteran status; overtime; minimum wage; social security contribution and withholding; unemployment insurance; employer's liability insurance; worker's compensation; veteran's rights; and all other employment, labor or benefits related laws.
Appears in 2 contracts
Sources: General Provisions and Far Flowdown Provisions for Subcontracts/Purchase Orders for Non Commercial Services, General Provisions and Far Flowdown Provisions for Subcontracts/Purchase Orders
Applicable Laws. (a) This Contract and any matter arising out of or related to this Contract shall be governed by the laws of the State from which this Contract is issued by LOCKHEED ▇▇▇▇▇▇, without regard to its conflicts of laws provisions, except that any provision in this Contract that is (i) incorporated in full text or by reference from the Federal Acquisition Regulations Regulation (FAR); or (ii) incorporated in full text or by reference from any agency regulation that implements or supplements the FAR or; (iii) that is substantially based on any such agency regulation or FAR provision, shall be construed and interpreted according to the federal common law of government contracts as enunciated and applied by federal judicial bodies, boards of contracts appeals, and quasi‐judicial quasi-judicial agencies of the federal Government.
(1) SELLER, in the performance of this Contract, agrees to comply with all applicable local, state, and federal laws, orders, rules, regulations, and ordinances. SELLER shall procure all licenses/permits, pay all fees, and other required charges charges, and shall comply with all applicable guidelines and directives of any local, state state, and/or federal governmental authority.
(2) If: (i) LOCKHEED ▇▇▇▇▇▇'▇ contract price or fee is reduced; (ii) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (iii) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (iv) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; as a result of any violation of applicable laws, orders, rules, regulations, or ordinances by SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (43) below.
(3) Where submission of cost or pricing data is required or requested at any time prior to or during performance of this Contract, if SELLER or its lower‐tier subcontractors: (i) submit and/or certify cost or pricing data that are defective; (ii) with notice of applicable cutoff dates and upon LOCKHEED ▇▇▇▇▇▇'▇ request to provide cost or pricing data, submit cost or pricing data, whether certified or not certified at the time of submission, as a prospective subcontractor, and any such data are defective as of the applicable cutoff date on LOCKHEED ▇▇▇▇▇▇'▇ Certificate of Current Cost or Pricing Data; (iii) claim an exception to a requirement to submit cost or pricing data and such exception is invalid; (iv) furnish data of any description that is inaccurate; or, if (v) the U.S. Government alleges any of the foregoing; and, as a result, (A) LOCKHEED ▇▇▇▇▇▇'▇ contract price or fee is reduced; (B) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (C) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (D) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (4) below.
(4) Upon the occurrence of any of the circumstances, other than withholdings, identified in paragraphs paragraph (2) and (3) above, LOCKHEED ▇▇▇▇▇▇ may make a reduction of corresponding amounts (in whole or in part) in the price of this Contract or any other contract with SELLER, and/or may demand payment (in whole or in part) of the corresponding amounts. SELLER shall promptly pay amounts so demanded. In the case of withholding(s), LOCKHEED ▇▇▇▇▇▇ may withhold the same amount from SELLER under this contractContract.
(4) In the event it is determined that the Work is not a Commercial Item as defined at FAR 2.101, then SELLER agrees that CorpDoc 3, General Provisions and FAR Flowdown Provisions for Subcontracts/Purchase Orders (All Agencies) for Non-Commercial Items under a U.S. Governmental Prime Contract, and the corresponding agency flowdowns shall be applicable to this Contract, in lieu of these terms and conditions, effective as of the date of this Contract.
(c) SELLER represents that each chemical substance constituting or contained in Work sold or otherwise transferred to LOCKHEED ▇▇▇▇▇▇ hereunder is on the list of chemical substances compiled and published by the Administrator of the Environmental Protection Administration pursuant to the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.) as amended.
(d) SELLER shall provide to LOCKHEED ▇▇▇▇▇▇ with each delivery any Material Safety Data Sheet applicable to the Work in conformance with and containing such information as required by the Occupational Safety and Health Act of 1970 and regulations promulgated there under, or its state approved counterpart.
(e) SELLER shall be responsible for compliance with all requirements and obligations relating to its employees under all local, state, and federal statutes, ordinances, rules, and obligations including, but not limited to, employer's obligations under laws relating to: income tax withholding and reporting; civil rights; equal employment opportunity; discrimination on the basis of age, sex, race, color, religion, disability, national origin, or veteran status; overtime; minimum wage; social security contribution and withholding; unemployment insurance; employer's liability insurance; worker's compensation; veteran's rights; and all other employment, labor, or benefits related laws.
Appears in 2 contracts
Sources: Subcontract/Purchase Order Agreement, General Provisions for Subcontracts/Purchase Orders
Applicable Laws. (a) This Contract and any matter arising out of or related to this Contract shall be governed by the laws of the State from which this Contract is issued by LOCKHEED ▇▇▇▇▇▇, without regard to its conflicts of laws provisions, except that any provision in this Contract that is (i) incorporated in full text or by reference from the Federal Acquisition Regulations (FAR); or (ii) incorporated in full text or by reference from any agency regulation that implements or supplements the FAR or; (iii) that is substantially based on any such agency regulation or FAR provision, shall be construed and interpreted according to the federal common law of government contracts as enunciated and applied by federal judicial bodies, boards of contracts appeals, and quasi‐judicial quasi-judicial agencies of the federal Government.
(1) SELLER, in the performance of this Contract, agrees to comply with all applicable local, state, and federal laws, orders, rules, regulations, and ordinances. SELLER shall procure all licenses/permits, pay all fees, and other required charges and shall comply with all applicable guidelines and directives of any local, state and/or federal governmental authority.
(2) If: (i) LOCKHEED ▇▇▇▇▇▇'▇ contract price or fee is reduced; (ii) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (iii) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (iv) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; as a result of any violation of applicable laws, orders, rules, regulations, or ordinances by SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (4) below.
(3) Where submission of cost or pricing data is required or requested at any time prior to or during performance of this Contract, if SELLER or its lower‐tier lower-tier subcontractors: (i) submit and/or certify cost or pricing data that are defective; (ii) with notice of applicable cutoff dates and upon LOCKHEED ▇▇▇▇▇▇'▇ request to provide cost or pricing data, submit cost or pricing data, whether certified or not certified at the time of submission, as a prospective subcontractor, and any such data are defective as of the applicable cutoff date on LOCKHEED ▇▇▇▇▇▇'▇ Certificate of Current Cost or Pricing Data; (iii) claim an exception to a requirement to submit cost or pricing data and such exception is invalid; (iv) furnish data of any description that is inaccurate; or, if (v) the U.S. Government alleges any of the foregoing; and, as a result, (A) LOCKHEED ▇▇▇▇▇▇'▇ contract price or fee is reduced; (B) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (C) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (D) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (4) below.
(4) Upon the occurrence of any of the circumstances, other than withholdings, identified in paragraphs (2) and (3) above, LOCKHEED ▇▇▇▇▇▇ may make a reduction of corresponding amounts (in whole or in part) in the price of this Contract or any other contract with SELLER, and/or may demand payment (in whole or in part) of the corresponding amounts. SELLER shall promptly pay amounts so demanded. In the case of withholding(s), LOCKHEED ▇▇▇▇▇▇ may withhold the same amount from SELLER under this contract.
(c) SELLER represents that each chemical substance constituting or contained in Work sold or otherwise transferred to LOCKHEED ▇▇▇▇▇▇ hereunder is on the list of chemical substances compiled and published by the Administrator of the Environmental Protection Administration pursuant to the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.) as amended.
(d) SELLER shall provide to LOCKHEED ▇▇▇▇▇▇ with each delivery any Material Safety Data Sheet applicable to the Work in conformance with and containing such information as required by the Occupational Safety and Health Act of 1970 and regulations promulgated there under, or its state approved counterpart.
Appears in 2 contracts
Sources: General Provisions for Subcontracts/Purchase Orders, General Provisions for Subcontracts/Purchase Orders
Applicable Laws. (a) This Contract and any matter arising out of or related to this Contract shall be governed by the laws of the State from which this Contract is issued by LOCKHEED ▇▇▇▇▇▇of New York, without regard to its conflicts of laws provisions, except that any provision in this Contract that is (i) incorporated in full text or by reference from the Federal Acquisition Regulations (FAR); or (ii) incorporated in full text or by reference from any agency regulation that implements or supplements the FAR or; (iii) that is substantially based on any such agency regulation or FAR provision, shall be construed and interpreted according to the federal common law of government contracts as enunciated and applied by federal judicial bodies, boards of contracts appeals, and quasi‐judicial quasi- judicial agencies of the federal Government.
(1b) SELLER, in the performance of this Contract, agrees to shall comply with all applicable local, state, and federal laws, orders, rules, regulations, and ordinances. Upon request by LOCKHEED ▇▇▇▇▇▇, SELLER shall provide evidence of compliance with applicable local, state, and federal laws, orders, rules, regulations, and ordinances (including the place of production or performance of the Work or any part thereof). SELLER shall procure all licenses/permits, pay all fees, and other required charges and shall comply with all applicable guidelines and directives of any local, state and/or federal governmental authority. SELLER, at its expense, shall provide reasonable cooperation to LOCKHEED ▇▇▇▇▇▇ in conducting any investigation regarding the nature and scope of any failure by SELLER or its personnel to comply with applicable local, state, and federal laws, orders, rules, regulations, and ordinances that may affect the performance of SELLER's obligations under this Contract.
(21) If: (i) LOCKHEED ▇▇▇▇▇▇'▇ contract price or fee is reduced; (ii) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (iii) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (iv) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; as a result of any violation of applicable laws, orders, rules, regulations, or ordinances by SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (43) below.
(32) Where submission of cost or pricing data is required or requested at any time prior to or during performance of this Contract, if SELLER or its lower‐tier lower-tier subcontractors: (i) submit and/or certify cost or pricing data that are defective; (ii) with notice of applicable cutoff dates and upon LOCKHEED ▇▇▇▇▇▇'▇ request to provide cost or pricing data, submit cost or pricing data, whether certified or not certified at the time of submission, as a prospective subcontractor, and any such data are defective as of the applicable cutoff date on LOCKHEED ▇▇▇▇▇▇'▇ Certificate of Current Cost or Pricing Data; (iii) claim an exception to a requirement to submit cost or pricing data and such exception is invalid; (iv) furnish data of any description that is inaccurate; or, if (v) the U.S. Government alleges any of the foregoing; and, as a result, (A) LOCKHEED ▇▇▇▇▇▇'▇ contract price or fee is reduced; (B) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (C) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (D) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (43) below.
(43) Upon the occurrence of any of the circumstances, other than withholdings, identified in paragraphs (21) and (32) above, LOCKHEED ▇▇▇▇▇▇ may make a reduction of corresponding amounts (in whole or in part) in the price of this Contract or any other contract with SELLER, and/or may demand payment (in whole or in part) of the corresponding amounts. SELLER shall promptly pay amounts so demanded. In the case of withholding(s), LOCKHEED ▇▇▇▇▇▇ may withhold the same amount from SELLER under this contract.
(cd) SELLER represents that each chemical substance constituting or contained in Work sold or otherwise transferred to LOCKHEED ▇▇▇▇▇▇ hereunder is is, as applicable, on the list of chemical substances compiled and published by the Administrator of the Environmental Protection Administration pursuant to the Toxic Substances Control Act (TSCA) Chemical Substances inventory compiled by the United States the Environmental Protection Agency pursuant to TSCA (15 U.S.C. Sec. 2601 et seq.2607(b)) as amended.
amended and implemented in 40 CFR Part 710; and is designated as "active" pursuant to the TSCA Inventory Notification Rule (d) codified by amendments to 40 CFR Part 710 effective August 11, 2017). SELLER shall provide make available to LOCKHEED ▇▇▇▇▇▇ with each delivery any Material all Safety Data Sheet applicable Sheets for any material provided to LOCKHEED ▇▇▇▇▇▇, or brought or delivered to LOCKHEED ▇▇▇▇▇▇ or its customer's premises in the Work in conformance with and containing such information performance of this Contract, as required by applicable law such as the Occupational Safety and Health Act of 1970 and regulations promulgated there underthereunder.
(e) Work delivered by SELLER under this Contract may be incorporated into deliverable goods for use (i) in the European Economic Area (EEA) and subject to the European Union Regulation (EC) No 1907/2006 concerning the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH); the Classification, Labeling and Packaging Regulation (EC) No. 1272/2008 (CLP); and the Biocidal Products Regulation (EU) 528/2012) (BPR); and/or (ii) in countries with laws or regulations containing provisions substantially equivalent to REACH and comparable implementing regulations and laws of multi-lateral conventions (such as the Stockholm (Persistent Organic Pollutants) and Minamata (Mercury) Conventions).
(1) SELLER represents and warrants that the Work and any substances contained therein are not prohibited or restricted by, and are supplied in compliance with all applicable chemical substance laws and/or regulations including but not limited to REACH, CLP, and BPR, and that no current requirement in any applicable chemical substance law and/or regulation prevents the sale or transport of SELLER’s Work or substances in SELLER’s Work in the EEA or other applicable countries, and that all such Work and substances have been pre-registered, registered, reported, approved, and/or authorized as and to the extent required by all applicable chemical substance laws and/or regulations including but not limited to REACH, CLP, and BPR.
(2) SELLER shall timely respond to any request from LOCKHEED ▇▇▇▇▇▇ with all relevant information on the Work so that the intents of all applicable chemical substance laws and/or regulations including but not limited to REACH, CLP, and BPR are met for communicating with downstream users (e.g., as defined in article 3(13) of REACH [any person established in the EEA using substances in the course of that person's industrial or professional activities; the definition does not include the manufacturer, importer, distributor, or its state approved counterpartconsumer]), and in any case, SELLER shall provide all information necessary for LOCKHEED ▇▇▇▇▇▇ and/or any downstream user to timely and accurately fulfill their obligations under all applicable chemical substance laws and/or regulations including but not limited to REACH, CLP, and BPR.
(3) SELLER shall bear all costs, charges and expenses related to pre-registration, registration, evaluation, authorization, reporting, and approval under all applicable chemical substance laws and/or regulations including but not limited to REACH, CLP, and BPR.
(f) SELLER also represents that it will identify for every component or part of the Work, the chemical(s) present and any Chemical Abstract Services (CAS) Registry Number(s), or similar identifying classification such as generic name and accession number to ensure compliance with TSCA or other applicable chemical substance regulation. This information shall be provided by SELLER for itself and all sub-tier suppliers to LOCKHEED ▇▇▇▇▇▇ upon request.
(g) Equal Opportunity for Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) Protected Veterans.
(1) The clause at 41 CFR 60-300.5
(a) is incorporated herein by reference. The clause applies if this Contract is valued at or above the threshold specified in FAR 22.1303(a) on the date of subcontract award, unless exempted by the rules, regulations, or orders of the Secretary issued pursuant to VEVRAA. As used in the clause, “contractor” means “SELLER.” This clause applies in addition to FAR 52.222-35 if included in this Contract. (2) LOCKHEED ▇▇▇▇▇▇ and SELLER shall abide by the requirements of 41 CFR 60-300.5(a). This regulation prohibits discrimination against qualified protected veterans, and requires affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified protected veterans.
Appears in 2 contracts
Sources: General Provisions for Subcontracts/Purchase Orders, General Provisions for Subcontracts/Purchase Orders
Applicable Laws. (a) This Contract and any matter arising out of or related to this Contract shall be governed and construed in accordance with by the laws of the State from which this Contract is issued by LOCKHEED Lockheed ▇▇▇▇▇▇, without regard to its conflicts of laws provisions, except that any provision in this Contract that is is: (i) incorporated in full text or by reference from the Federal Acquisition Regulations Regulation (FAR); or ) or: (ii) incorporated in full text or by reference from any agency regulation that implements or supplements the FAR or; (iii) that is substantially based on any such agency regulation or FAR provision, shall be construed and interpreted according to the federal common law of government contracts as enunciated and applied by federal judicial bodies, boards of contracts appeals, and quasi‐judicial quasi-judicial agencies of the federal Government.
(1) SELLER, in the performance of this Contract, agrees to comply with all applicable local, state, and federal laws, orders, representations rules, regulations, and ordinancesordinances of the United States and the country where SELLER will be performing the Contract. SELLER shall procure all licenses/permits, and pay all fees, and other required charges charges, and shall comply with of all applicable guidelines and directives of any local, state state, and/or federal governmental authority. The provisions of the "United Nations Convention on Contracts for International Sale of Goods" shall not apply to this Contract.
(2) If: (i) LOCKHEED ▇▇▇▇▇▇'▇ contract price or fee is reduced; (ii) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (iii) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (iv) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; as a result of any violation of applicable laws, orders, rules, regulations, or ordinances by SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (4) below.
(3) Where submission of cost or pricing data is required or requested at any time prior to or during performance of this Contract, if SELLER or its lower‐tier lower-tier subcontractors: (i) submit and/or certify cost or pricing data that are defective; (ii) with notice of applicable cutoff dates and upon LOCKHEED ▇▇▇▇▇▇'▇ request to provide cost or pricing data, submit cost or pricing data, whether certified or not certified at the time of submission, as a prospective subcontractor, and any such data are defective as of the applicable cutoff date on LOCKHEED ▇▇▇▇▇▇'▇ Certificate of Current Cost or Pricing Data; (iii) claim an exception to a requirement to submit cost or pricing data and such exception is invalid; (iv) furnish data of any description that is inaccurate; or, if (v) the U.S. UNITED STATES Government alleges any of the foregoing; and, as a result, ,
(A) LOCKHEED ▇▇▇▇▇▇'▇ contract price or fee is reduced; (B) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (C) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (D) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (4) below.
(4) Upon the occurrence of any of the circumstances, other than withholdings, identified in paragraphs (2) and (3) above, LOCKHEED ▇▇▇▇▇▇ may make a reduction of corresponding amounts (in whole or in part) in the price of this Contract or any other contract with SELLER, and/or may demand payment (in whole or in part) of the corresponding amounts. SELLER shall promptly pay amounts so demanded. In the case of withholding(s), LOCKHEED ▇▇▇▇▇▇ may withhold the same amount from SELLER under this contractContract.
(c) If the Work is to be shipped to, or performed in the United States:
(1) SELLER represents that each chemical substance constituting or contained in Work sold or otherwise transferred to LOCKHEED ▇▇▇▇▇▇ hereunder is on the list of chemical substances compiled and published by the Administrator of the Environmental Protection Administration pursuant to the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.) as amended.
(d2) SELLER shall provide to LOCKHEED ▇▇▇▇▇▇ with each delivery any Material Safety Data Sheet applicable to the Work in conformance with and containing such information as required by the Occupational Safety and Health Act of 1970 and regulations promulgated there underthereunder, or its state State approved counterpart.
Appears in 1 contract
Applicable Laws. (a) This Contract and any matter arising out of or related to this Contract shall be governed by the laws of the State from which this Contract is issued by LOCKHEED ▇▇▇▇▇▇, without regard to its conflicts of laws provisionsCalifornia, except that any provision in this Contract that is (i) incorporated in full text or by reference from the Federal Acquisition Regulations Regulation (FAR); or (ii) incorporated in full text or by reference from any agency regulation that implements or supplements the FAR or; (iii) that is substantially based on any such agency regulation or FAR provision, shall be construed and interpreted according to the federal common law of government contracts as enunciated and applied by federal judicial bodies, boards of contracts appeals, and quasi‐judicial quasi-judicial agencies of the federal Government.
(1b) SELLER, in the performance of this Contract, agrees to shall comply with all applicable local, state, and federal laws, orders, rules, regulations, and ordinances. SELLER shall procure all licenses/permits, and pay all fees, and other required charges charges, and shall comply with all applicable guidelines and directives of any local, state state, and/or federal governmental authority. SELLER, at its expense, shall provide reasonable cooperation to AOSENSE in conducting any investigation regarding the nature and scope of any failure by SELLER or its personnel to comply with applicable local, state, and federal laws, orders, rules, regulations, and ordinances that may affect the performance of SELLER's obligations under this Contract.
(21) If: :
(i) LOCKHEED ▇▇▇▇▇▇'▇ AOSENSE 's contract price or fee is reduced; (ii) LOCKHEED ▇▇▇▇▇▇'▇ AOSENSE 's costs are determined to be unallowable; ;
(iii) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇AOSENSE ; or (iv) LOCKHEED ▇▇▇▇▇▇ AOSENSE incurs any other costs or damages; as a result of any violation of applicable laws, orders, rules, regulations, or ordinances by SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, LOCKHEED ▇▇▇▇▇▇ AOSENSE may proceed as provided for in (42) below.
(3) Where submission of cost or pricing data is required or requested at any time prior to or during performance of this Contract, if SELLER or its lower‐tier subcontractors: (i) submit and/or certify cost or pricing data that are defective; (ii) with notice of applicable cutoff dates and upon LOCKHEED ▇▇▇▇▇▇'▇ request to provide cost or pricing data, submit cost or pricing data, whether certified or not certified at the time of submission, as a prospective subcontractor, and any such data are defective as of the applicable cutoff date on LOCKHEED ▇▇▇▇▇▇'▇ Certificate of Current Cost or Pricing Data; (iii) claim an exception to a requirement to submit cost or pricing data and such exception is invalid; (iv) furnish data of any description that is inaccurate; or, if (v) the U.S. Government alleges any of the foregoing; and, as a result, (A) LOCKHEED ▇▇▇▇▇▇'▇ contract price or fee is reduced; (B) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (C) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (D) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (4) below.
(42) Upon the occurrence of any of the circumstances, other than withholdings, identified in paragraphs paragraph
(2) and (31) above, LOCKHEED ▇▇▇▇▇▇ AOSENSE may make a reduction of corresponding amounts (in whole or in part) in the price of this Contract or any other contract with SELLER, and/or may demand payment (in whole or in part) of the corresponding amounts. SELLER shall promptly pay amounts so demanded. In the case of withholding(s), LOCKHEED ▇▇▇▇▇▇ AOSENSE may withhold the same amount from SELLER under this contractContract.
(c3) In the event it is determined that the Work is not a Commercial Item as defined at FAR 2.101, then SELLER agrees that, General Provisions for Subcontracts/Purchase Orders (All Agencies) for Non- Commercial Items under a U.S. Government Prime Contract, and the corresponding FAR and agency flow downs shall be applicable to this Contract, in lieu of these terms and conditions, effective as of the date of this Contract.
(d) SELLER represents that each chemical substance constituting or contained in Work sold or otherwise transferred to LOCKHEED ▇▇▇▇▇▇ AOSENSE hereunder is is, as applicable, on the list of chemical substances compiled and published by the Administrator of the Environmental Protection Administration pursuant to the Toxic Substances Control Act (TSCA) Chemical Substances inventory compiled by the United States the Environmental Protection Agency pursuant to TSCA (15 U.S.C. Sec. 2601 et seq.2607b)) as amended.
amended and implemented in 40 CFR Part 710; and is designated as "active" pursuant to the TSCA Inventory Notification Rule (d) codified by amendments to 40 CFR Part 710 effective August 11, 2017). SELLER shall provide make available to LOCKHEED ▇▇▇▇▇▇ with each delivery any Material AOSENSE all Safety Data Sheet applicable Sheets for any material provided to AOSENSE , or brought or delivered to AOSENSE or its customer's premises in the Work in conformance with and containing such information performance of this Contract, as required by applicable law such as the Occupational Safety and Health Act of 1970 and regulations promulgated there underthereunder.
(e) Work delivered by SELLER under this Contract may be incorporated into deliverable goods for use in the European Economic Area (EEA) and subject to the European Union Regulation (EC) No 1907/2006 concerning the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH); the Classification, Labeling and Packaging Regulation (EC) No. 1272/2008 (CLP); and the Biocidal Products Regulation (EU) 528/2012) (BPR).
(1) SELLER represents and warrants that the Work and any substances contained therein are not prohibited or restricted by, and are supplied in compliance with REACH, CLP, and BPR, and that no current requirement in REACH, CLP, or its state approved counterpartBPR prevents the sale or transport of SELLER’s Work or substances in SELLER’s Work in the EEA, and that all such Work and substances have been pre- registered, registered, reported, approved, and/or authorized as and to the extent required by REACH, CLP, and BPR.
(2) SELLER shall timely respond to any request from AOSENSE with all relevant information on the Work so that the intents of REACH, CLP, and BPR are met for communicating with downstream users (e.g., as defined in article 3(13) of REACH [any person established in the EEA using substances in the course of that person's industrial or professional activities; the definition does not include the manufacturer, importer, distributor, or consumer]), and in any case, SELLER shall provide all information necessary for AOSENSE and/or any downstream user to timely and accurately fulfill their obligations under REACH, CLP, and BPR.
(3) SELLER shall bear all costs, charges and expenses related to pre-registration, registration, evaluation, authorization, reporting, and approval under REACH, CLP, and BPR.
(f) Equal Opportunity for Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) Protected Veterans.
(1) The clause at 41 CFR 60-300.5
(a) is incorporated herein by reference. The clause applies if this Contract is for $100,000 or more, unless exempted by the rules, regulations, or orders of the Secretary issued pursuant to VEVRAA. As used in the clause, “contractor” means “SELLER.” This clause applies in addition to FAR 52.222-35 if included in this Contract. (2) AOSENSE and SELLER shall abide by the requirements of 41 CFR 60-300.5(a). This regulation prohibits discrimination against qualified protected veterans and requires affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified protected veterans.
Appears in 1 contract
Sources: Subcontract/Purchase Order Agreement
Applicable Laws. (a) This Contract and any matter arising out of or related to this Contract shall be governed by the laws of the State from which this Contract is issued by LOCKHEED ▇▇▇▇▇▇, without regard to its conflicts of laws provisions, except that any provision in this Contract that is (i) incorporated in full text or by reference from the Federal Acquisition Regulations Regulation (FAR); or (ii) incorporated in full text or by reference from any agency regulation that implements or supplements the FAR or; (iii) that is substantially based on any such agency regulation or FAR provision, shall be construed and interpreted according to the federal common law of government contracts as enunciated and applied by federal judicial bodies, boards of contracts appeals, and quasi‐judicial quasi-judicial agencies of the federal Government.
(1) SELLER, in the performance of this Contract, agrees to comply with all applicable local, state, and federal laws, orders, rules, regulations, and ordinances. SELLER shall procure all licenses/permits, permits and pay all fees, fees and other required charges charges, and shall comply with all applicable guidelines and directives of any local, state state, and/or federal governmental authority.
(2) If: If (i) LOCKHEED ▇▇▇▇▇▇'▇ contract price or fee is reduced; (ii) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (iii) any fines, penalties, withholdings, penalties or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (iv) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; as a result of any violation of applicable laws, orders, rules, regulations, or ordinances by SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (4) below.
(3) Where submission of cost or pricing data is required or requested at any time prior to or during performance of this Contract, if SELLER or its lower‐tier lower-tier subcontractors: (i) submit and/or certify cost or pricing data that are defective; (ii) with notice of applicable cutoff dates and upon LOCKHEED ▇▇▇▇▇▇'▇ request to provide cost or pricing data, submit cost or pricing data, whether certified or not certified at the time of submission, as a prospective subcontractor, and any such data are defective as of the applicable cutoff date on LOCKHEED ▇▇▇▇▇▇'▇ Certificate of Current Cost or Pricing Data; (iii) claim an exception to a requirement to submit cost or pricing data and such exception is invalid; (iv) furnish data of any description that is inaccurate; or, if (v) the U.S. Government alleges any of the foregoing; and, as a result, (A) LOCKHEED ▇▇▇▇▇▇'▇ contract price or fee is reduced; (B) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (C) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (D) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (4) below.
(4) Upon the occurrence of any of the circumstances, other than withholdings, identified in paragraphs (2) and (3) above, LOCKHEED ▇▇▇▇▇▇ may make a reduction of corresponding amounts (in whole or in part) in the price of this Contract or any other contract with SELLER, and/or may demand payment (in whole or in part) of the corresponding amounts. SELLER shall promptly pay amounts so demanded. In the case of withholding(s), LOCKHEED ▇▇▇▇▇▇ may withhold the same amount from SELLER under this contractContract.
(c) SELLER represents that each chemical substance constituting or contained in Work sold or otherwise transferred to LOCKHEED ▇▇▇▇▇▇ hereunder is on the list of chemical substances compiled and published by the Administrator of the Environmental Protection Administration pursuant to the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.) as amended.
(d) SELLER shall provide to LOCKHEED ▇▇▇▇▇▇ with each delivery any Material Safety Data Sheet applicable to the Work in conformance with and containing such information as required by the Occupational Safety and Health Act of 1970 and regulations promulgated there under, or its state approved counterpart.
(e) SELLER shall be responsible for compliance with all requirements and obligations relating to its employees under all local, state, and federal statutes, ordinances, rules and obligations including, but not limited to, employer's obligations under laws relating to: income tax withholding and reporting; civil rights; equal employment opportunity; discrimination on the basis of age, sex, race, color, religion, disability, national origin, or veteran status; overtime; minimum wage; social security contribution and withholding; unemployment insurance; employer's liability insurance; worker's compensation; veteran's rights; and all other employment, labor or benefits related laws.
Appears in 1 contract
Sources: General Provisions for Subcontracts/Purchase Orders
Applicable Laws. (a) This Contract and any matter arising out of or related to this Contract shall be governed by and construed in accordance with the laws of the State from which this Contract is issued by LOCKHEED ▇▇▇▇▇▇issued, without regard to excluding its conflicts choice of laws provisionslaw rules, except that any provision in this Contract that is (i) incorporated in full text or by reference from the Federal Acquisition Regulations Regulation (FAR); or (ii) incorporated in full text or by reference from any agency regulation that implements or supplements the FAR or; (iii) that is substantially based on any such agency regulation or FAR provision, shall be construed and interpreted according to the federal common law of government contracts as enunciated and applied by federal judicial bodies, boards of contracts appeals, and quasi‐judicial quasi-judicial agencies of the federal Government.
(1) SELLER, in the performance of this Contract, SELLER agrees to comply with all applicable local, state, and federal laws, orders, rules, regulations, and ordinances. SELLER shall procure all licenses/permits, and pay all fees, and other required charges charges, and shall comply with of all applicable guidelines and directives of any local, state state, and/or federal governmental authority.
(2) If: (i) LOCKHEED ▇▇▇▇▇▇'’▇ contract price or fee is reduced; (ii) LOCKHEED ▇▇▇▇▇▇'’▇ costs are determined to be unallowable; (iii) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (iv) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; as a result of any violation of applicable laws, orders, rules, regulations, or ordinances by SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (43) below.
(3) Where submission of cost or pricing data is required or requested at any time prior to or during performance of this Contract, if SELLER or its lower‐tier subcontractors: (i) submit and/or certify cost or pricing data that are defective; (ii) with notice of applicable cutoff dates and upon LOCKHEED ▇▇▇▇▇▇'▇ request to provide cost or pricing data, submit cost or pricing data, whether certified or not certified at the time of submission, as a prospective subcontractor, and any such data are defective as of the applicable cutoff date on LOCKHEED ▇▇▇▇▇▇'▇ Certificate of Current Cost or Pricing Data; (iii) claim an exception to a requirement to submit cost or pricing data and such exception is invalid; (iv) furnish data of any description that is inaccurate; or, if (v) the U.S. Government alleges any of the foregoing; and, as a result, (A) LOCKHEED ▇▇▇▇▇▇'▇ contract price or fee is reduced; (B) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (C) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (D) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (4) below.
(4) Upon the occurrence of any of the circumstances, other than withholdings, circumstances identified in paragraphs (2) and (3) above, LOCKHEED ▇▇▇▇▇▇ may make a reduction of corresponding amounts (in whole or in part) in the price of this Contract or any other contract with SELLER, and/or or may demand payment (in whole or in part) of the corresponding amounts. SELLER shall promptly pay amounts so demanded. .
(4) In the case event it is determined that the Work is not a Commercial Item as defined at FAR 2.101, then SELLER agrees that CORPDOC 3, General Provisions and FAR Flowdown Provisions for Subcontracts/Purchase Orders (All Agencies) for Non-Commercial Items under a U.S. Governmental Prime Contract, and the corresponding agency flowdowns shall be applicable to this Contract, in lieu of withholding(s)these terms and conditions, LOCKHEED ▇▇▇▇▇▇ may withhold effective as of the same amount from SELLER under date of this contractContract.
(c) SELLER represents that each chemical substance constituting or contained in Work sold or otherwise transferred to LOCKHEED ▇▇▇▇▇▇ hereunder is on the list of chemical substances compiled and published by the Administrator of the Environmental Protection Administration pursuant to the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.) as amended.
(d) SELLER shall provide to LOCKHEED ▇▇▇▇▇▇ with each delivery any Material Safety Data Sheet applicable to the Work in conformance with and containing such information as required by the Occupational Safety and Health Act of 1970 and regulations promulgated there under, or its state State approved counterpart.
Appears in 1 contract
Sources: Letter Contract
Applicable Laws. (a) This Contract and any matter arising out of or related to this Contract shall be governed by and construed in accordance with the laws of the State Sate from which this Contract is issued by LOCKHEED ▇▇▇▇▇▇HONEYWELL, without regard to its conflicts of laws law’s provisions, except that any provision in this Contract that is (i) incorporated in full text or by reference from the Federal Acquisition Regulations (FAR); ) or (ii) incorporated in full text or by reference from any agency regulation that implements or supplements the FAR or; or (iii) that is substantially based on any such agency regulation or FAR provision, shall be construed and interpreted according to the federal common law of government Government contracts as enunciated and applied by federal judicial bodies, boards of contracts appeals, and quasi‐judicial quasi-judicial agencies of the federal Government.
(1) SELLER, in the performance of this Contract, agrees to comply with all applicable local, state, and federal laws, orders, rules, regulations, and ordinances. SELLER shall procure all licenses/permits, permits and pay all fees, fees and other required charges and charges. SELLER shall comply with all applicable guidelines and directives of any local, state state, and/or federal governmental authority.
(2) If: (i) LOCKHEED ▇▇▇▇▇▇'▇ HONEYWELL’s contract price cost or fee is reduced; (ii) LOCKHEED ▇▇▇▇▇▇'▇ HONEYWELL’s costs are determined to be unallowable; (iii) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇HONEYWELL; or (iv) LOCKHEED ▇▇▇▇▇▇ HONEYWELL incurs any other costs cost or damages; as a result of any violation of applicable laws, orders, rules, regulations, or ordinances by SELLER, its officers, employees, agents, suppliers, suppliers or subcontractors at any tier, LOCKHEED ▇▇▇▇▇▇ HONEYWELL may proceed as provided for in (4) below.
(3) Where submission of cost or pricing data is required or requested at any time prior to or during performance of this Contract, if SELLER or its lower‐tier lower-tier subcontractors: ; (i) submit and/or certify cost or pricing data that are defective; (ii) with notice of applicable cutoff dates and upon LOCKHEED ▇▇▇▇▇▇'▇ HONEYWELL’s request to provide cost or pricing data, submit cost or pricing data, whether certified or not certified at the time of submission, as a prospective subcontractor, and any such data are defective as of the applicable cutoff date on LOCKHEED ▇▇▇▇▇▇'▇ HONEYWELL’s Certificate of Current Cost or Pricing Data; (iii) claim an exception to a requirement to submit cost or pricing data and such exception is invalid; (iv) furnish data of any description that is inaccurate; or, or if (v) the U.S. Government alleges any of the foregoing; and, and as a result, (A) LOCKHEED ▇▇▇▇▇▇'▇ HONEYWELL’s contract price or fee is reduced; (B) LOCKHEED ▇▇▇▇▇▇'▇ HONEYWELL’s costs are determined to be unallowable; (C) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇HONEYWELL; or (D) LOCKHEED ▇▇▇▇▇▇ HONEYWELL incurs any other costs or damages; LOCKHEED ▇▇▇▇▇▇ HONEYWELL may proceed as provided for in paragraph (4) below.
(4) Upon the occurrence of any of the circumstances, other than withholdings, identified in paragraphs (2) and (3) above, LOCKHEED ▇▇▇▇▇▇ HONEYWELL may make a reduction of corresponding amounts (in whole or in part) in the price costs and fee of this Contract or any other contract Contract with SELLER, and/or may demand payment (in whole or in part) of the corresponding amounts. SELLER shall promptly pay amounts so demanded. Such sums shall not be considered allowable costs under any provision of the Contract. In the case of withholding(s), LOCKHEED ▇▇▇▇▇▇ HONEYWELL may withhold the same amount from SELLER under this contractContract.
(c) SELLER represents that each chemical substance constituting or contained in Work sold or otherwise transferred to LOCKHEED ▇▇▇▇▇▇ HONEYWELL hereunder is on the list of chemical substances compiled complied and published by the Administrator of the Environmental Protection Administration pursuant to the Toxic Substances Control Act (15 U.S.C. Sec. Sec 2601 et seq.) as amended.
(d) SELLER shall provide to LOCKHEED ▇▇▇▇▇▇ HONEYWELL with each delivery any Material Safety Data Sheet applicable to the Work in conformance with and containing such information as required by the Occupational Safety and Health Act of 1970 and regulations promulgated there under, or its state approved approval counterpart.
Appears in 1 contract
Sources: Contract
Applicable Laws. (a) This Contract and any matter arising out of or related to this Contract shall be governed by the laws of the State from which this Contract is issued by LOCKHEED ▇▇▇▇▇▇of New York, without regard to its conflicts of laws provisions, except that any provision in this Contract that is (i) incorporated in full text or by reference from the Federal Acquisition Regulations Regulation (FAR); or (ii) incorporated in full text or by reference from any agency regulation that implements or supplements the FAR or; (iii) that is substantially based on any such agency regulation or FAR provision, shall be construed and interpreted according to the federal common law of government contracts as enunciated and applied by federal judicial bodies, boards of contracts appeals, and quasi‐judicial quasi- judicial agencies of the federal Government.
(1b) SELLER, in the performance of this Contract, agrees to shall comply with all applicable local, state, and federal laws, orders, rules, regulations, and ordinances. Upon request by LOCKHEED ▇▇▇▇▇▇, SELLER shall provide evidence of compliance with applicable local, state, and federal laws, orders, rules, regulations, and ordinances (including the place of production or performance of the Work or any part thereof). SELLER shall procure all licenses/permits, pay all fees, and other required charges charges, and shall comply with all applicable guidelines and directives of any local, state state, and/or federal governmental authority. SELLER, at its expense, shall provide reasonable cooperation to LOCKHEED ▇▇▇▇▇▇ in conducting any investigation regarding the nature and scope of any failure by SELLER or its personnel to comply with applicable local, state, and federal laws, orders, rules, regulations, and ordinances that may affect the performance of SELLER's obligations under this Contract.
(21) If: (i) LOCKHEED ▇▇▇▇▇▇'▇ contract price or fee is reduced; (ii) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (iii) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (iv) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; as a result of any violation of applicable laws, orders, rules, regulations, or ordinances by SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (4c)(2) below.
(3) Where submission of cost or pricing data is required or requested at any time prior to or during performance of this Contract, if SELLER or its lower‐tier subcontractors: (i) submit and/or certify cost or pricing data that are defective; (ii) with notice of applicable cutoff dates and upon LOCKHEED ▇▇▇▇▇▇'▇ request to provide cost or pricing data, submit cost or pricing data, whether certified or not certified at the time of submission, as a prospective subcontractor, and any such data are defective as of the applicable cutoff date on LOCKHEED ▇▇▇▇▇▇'▇ Certificate of Current Cost or Pricing Data; (iii) claim an exception to a requirement to submit cost or pricing data and such exception is invalid; (iv) furnish data of any description that is inaccurate; or, if (v) the U.S. Government alleges any of the foregoing; and, as a result, (A) LOCKHEED ▇▇▇▇▇▇'▇ contract price or fee is reduced; (B) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (C) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (D) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (4) below.
(42) Upon the occurrence of any of the circumstances, other than withholdings, identified in paragraphs paragraph (2) and (3) above, LOCKHEED ▇▇▇▇▇▇ may make a reduction of corresponding amounts (in whole or in part) in the price of this Contract or any other contract with SELLER, and/or may demand payment (in whole or in part) of the corresponding amounts. SELLER shall promptly pay amounts so demanded. In the case of withholding(s), LOCKHEED ▇▇▇▇▇▇ may withhold the same amount from SELLER under this contractContract.
(c3) In the event it is determined that the Work is not a Commercial Product as defined at FAR 2.101, then SELLER agrees that CorpDoc 4T&M, General Provisions for Time and Material and labor Hour Subcontracts/Purchase Orders (All Agencies) for Non-Commercial Product under a U.S. Government Prime Contract, and the corresponding FAR and agency flowdowns shall be applicable to this Contract, in lieu of these terms and conditions, effective as of the date of this Contract.
(d) SELLER represents that each chemical substance constituting or contained in Work sold or otherwise transferred to LOCKHEED ▇▇▇▇▇▇ hereunder is is, as applicable, on the list of chemical substances compiled and published by the Administrator of the Environmental Protection Administration pursuant to the Toxic Substances Control Act (TSCA) Chemical Substances inventory compiled by the United States the Environmental Protection Agency pursuant to TSCA (15 U.S.C. Sec. 2601 et seq.2607(b)) as amended.
amended and implemented in 40 CFR Part 710; and is designated as "active" pursuant to the TSCA Inventory Notification Rule (d) codified by amendments to 40 CFR Part 710 effective August 11, 2017). SELLER shall provide make available to LOCKHEED ▇▇▇▇▇▇ with each delivery any Material all Safety Data Sheet applicable Sheets for any material provided to LOCKHEED ▇▇▇▇▇▇, or brought or delivered to LOCKHEED ▇▇▇▇▇▇ or its customer's premises in the Work in conformance with and containing such information performance of this Contract, as required by applicable law such as the Occupational Safety and Health Act of 1970 and regulations promulgated there underthereunder.
(e) SELLER also represents that it will identify for every component or part of the Work, the chemical(s) present and any Chemical Abstract Services (CAS) Registry Number(s), or similar identifying classification such as generic name and accession number to ensure compliance with TSCA or other applicable chemical substance regulation. This information shall be provided by SELLER for itself and all sub-tier suppliers to LOCKHEED ▇▇▇▇▇▇ upon request.
(f) SELLER shall be responsible for compliance with all requirements and obligations relating to its state approved counterpartemployees under all local, state, and federal statutes, ordinances, rules, and obligations including, but not limited to, employer's obligations under laws relating to: income tax withholding and reporting; civil rights; equal employment opportunity; discrimination on the basis of age, sex, race, color, religion, disability, national origin, or veteran status; overtime; minimum wage; social security contribution and withholding; unemployment insurance; employer's liability insurance; worker's compensation; veteran's rights; and all other employment, labor, or benefits related laws.
(g) SELLER shall notify LOCKHEED ▇▇▇▇▇▇ promptly in writing if a charge of noncompliance with any law addressing occupational health and safety or protection of the environment has been filed against SELLER in connection with the performance of this Contract.
(h) Work delivered by SELLER under this Contract may be incorporated into deliverable goods for use (i) in the European Economic Area (EEA) and subject to the European Union Regulation (EC) No 1907/2006 concerning the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH); the Classification, Labeling and Packaging Regulation (EC) No. 1272/2008 (CLP); and the Biocidal Products Regulation (EU) 528/2012) (BPR); and/or (ii) in countries with laws or regulations containing provisions substantially equivalent to REACH and comparable implementing regulations and laws of multi-lateral conventions (such as the Stockholm (Persistent Organic Pollutants) and Minamata (Mercury) Conventions).
(1) SELLER represents and warrants that the Work and any substances contained therein are not prohibited or restricted by, and are supplied in compliance with all applicable chemical substance laws and/or regulations including but not limited to REACH, CLP, and BPR, and that no current requirement in any applicable chemical substance law and/or regulation prevents the sale or transport of SELLER’s Work or substances in SELLER’s Work in the EEA or other applicable countries, and that all such Work and substances have been pre-registered, registered, reported, approved, and/or authorized as and to the extent required by all applicable chemical substance laws and/or regulations including but not limited to REACH, CLP, and BPR.
(2) SELLER shall timely respond to any request from LOCKHEED ▇▇▇▇▇▇ with all relevant information on the Work so that the intents of all applicable chemical substance laws and/or regulations including but not limited to REACH, CLP, and BPR are met for communicating with downstream users (e.g., as defined in article 3(13) of REACH [any person established in the EEA using substances in the course of that person's industrial or professional activities; the definition does not include the manufacturer, importer, distributor, or consumer]), and in any case, SELLER shall provide all information necessary for LOCKHEED ▇▇▇▇▇▇ and/or any downstream user to timely and accurately fulfill their obligations under all applicable chemical substance laws and/or regulations including but not limited to REACH, CLP, and BPR.
(3) SELLER shall bear all costs, charges and expenses related to pre-registration, registration, evaluation, authorization, reporting, and approval under all applicable chemical substance laws and/or regulations including but not limited to REACH, CLP, and BPR.
(i) Equal Opportunity for Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) Protected Veterans.
(1) The clause at 41 CFR 60-300.5
(a) is incorporated herein by reference. The clause applies if this Contract is valued at or above the threshold specified in FAR 22.1303(a) on the date of subcontract award, unless exempted by the rules, regulations, or orders of the Secretary issued pursuant to VEVRAA. As used in the clause, “contractor” means “SELLER.” This clause applies in addition to FAR 52.222-35 if included in this Contract.
Appears in 1 contract
Sources: Time and Materials Subcontract
Applicable Laws. (a) This Contract and any matter arising out of or related to this Contract shall be governed by the laws of the State from which this Contract is issued by LOCKHEED ▇▇▇▇▇▇state of New York, without regard to its conflicts of laws provisions, except that any provision in this Contract that is (i) incorporated in full text or by reference from the Federal Acquisition Regulations Regulation (FAR); or (ii) incorporated in full text or by reference from any agency regulation that implements or supplements the FAR or; (iii) that is substantially based on any such agency regulation or FAR provision, shall be construed and interpreted according to the federal common law of government contracts as enunciated and applied by federal judicial bodies, boards of contracts appeals, and quasi‐judicial quasi-judicial agencies of the federal Governmentgovernment.
(1b) SELLER, in the performance of this Contract, agrees to shall comply with all applicable local, state, and federal laws, orders, rules, regulations, and ordinances. SELLER shall procure all licenses/permits, pay all fees, and other required charges and shall comply with all applicable guidelines and directives of any local, state and/or federal governmental authority. SELLER, at its expense, shall provide reasonable cooperation to BUYER in conducting any investigation regarding the nature and scope of any failure by SELLER or its personnel to comply with applicable local, state, and federal laws, orders, rules, regulations, and ordinances that may affect the performance of SELLER's obligations under this Contract.
(21) If: (i) LOCKHEED ▇▇▇▇▇▇'▇ BUYER's contract price or fee is reduced; (ii) LOCKHEED ▇▇▇▇▇▇'▇ BUYER's costs are determined to be unallowable; (iii) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇BUYER; or (iv) LOCKHEED ▇▇▇▇▇▇ BUYER incurs any other costs or damages; as a result of any violation of applicable laws, orders, rules, regulations, or ordinances by SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, LOCKHEED ▇▇▇▇▇▇ BUYER may proceed as provided for in (43) below.
(32) Where submission of cost or pricing data is required or requested at any time prior to or during performance of this Contract, if SELLER or its lower‐tier lower-tier subcontractors: (i) submit and/or certify cost or pricing data that are defective; (ii) with notice of applicable cutoff dates and upon LOCKHEED ▇▇▇▇▇▇'▇ BUYER's request to provide cost or pricing data, submit cost or pricing data, whether certified or not certified at the time of submission, as a prospective subcontractor, and any such data are defective as of the applicable cutoff date on LOCKHEED ▇▇▇▇▇▇'▇ BUYER's Certificate of Current Cost or Pricing Data; (iii) claim an exception to a requirement to submit cost or pricing data and such exception is invalid; (iv) furnish data of any description that is inaccurate; or, if (v) the U.S. Government alleges any of the foregoing; and, as a result, (A) LOCKHEED ▇▇▇▇▇▇'▇ BUYER's contract price or fee is reduced; (B) LOCKHEED ▇▇▇▇▇▇'▇ BUYER's costs are determined to be unallowable; (C) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇BUYER; or (D) LOCKHEED ▇▇▇▇▇▇ BUYER incurs any other costs or damages; LOCKHEED ▇▇▇▇▇▇ BUYER may proceed as provided for in (43) below.
(43) Upon the occurrence of any of the circumstances, other than withholdings, identified in paragraphs (21) and (32) above, LOCKHEED ▇▇▇▇▇▇ BUYER may make a reduction of corresponding amounts (in whole or in part) in the price of this Contract or any other contract with SELLER, and/or may demand payment (in whole or in part) of the corresponding amounts. SELLER shall promptly pay amounts so demanded. In the case of withholding(s), LOCKHEED ▇▇▇▇▇▇ BUYER may withhold the same amount from SELLER under this contract.
(cd) SELLER represents that each chemical substance constituting or contained in Work sold or otherwise transferred to LOCKHEED ▇▇▇▇▇▇ BUYER hereunder is is, as applicable, on the list of chemical substances compiled and published by the Administrator of the Environmental Protection Administration pursuant to the Toxic Substances Control Act (TSCA) Chemical Substances inventory compiled by the United States the Environmental Protection Agency pursuant to TSCA (15 U.S.C. Sec. 2601 et seq.2607(b)) as amended.
amended and implemented in 40 CFR Part 710; and is designated as "active" pursuant to the TSCA Inventory Notification Rule (d) codified by amendments to 40 CFR Part 710 effective August 11, 2017). SELLER shall provide make available to LOCKHEED ▇▇▇▇▇▇ with each delivery any Material BUYER all Safety Data Sheet applicable Sheets for any material provided to BUYER, or brought or delivered to BUYER or its customer's premises in the Work in conformance with and containing such information performance of this Contract, as required by applicable law such as the Occupational Safety and Health Act of 1970 and regulations promulgated there underthereunder.
(e) Work delivered by SELLER under this Contract may be incorporated into deliverable goods for use in the European Economic Area (EEA) and subject to the European Union Regulation (EC) No 1907/2006 concerning the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH); the Classification, Labeling and Packaging Regulation (EC) No. 1272/2008 (CLP); and the Biocidal Products Regulation (EU) 528/2012) (BPR).
(1) SELLER represents and warrants that the Work and any substances contained therein are not prohibited or restricted by, and are supplied in compliance with REACH, CLP, and BPR, and that no current requirement in REACH, CLP, or its state approved counterpartBPR prevents the sale or transport of SELLER’s Work or substances in SELLER’s Work in the EEA, and that all such Work and substances have been pre-registered, registered, reported, approved, and/or authorized as and to the extent required by REACH, CLP, and BPR.
(2) SELLER shall timely respond to any request from BUYER with all relevant information on the Work so that the intents of REACH, CLP, and BPR are met for communicating with downstream users (e.g., as defined in article 3(13) of REACH [any person established in the EEA using substances in the course of that person's industrial or professional activities; the definition does not include the manufacturer, importer, distributor, or consumer]), and in any case, SELLER shall provide all information necessary for BUYER and/or any downstream user to timely and accurately fulfill their obligations under REACH, CLP, and BPR.
(3) SELLER shall bear all costs, charges and expenses related to pre-registration, registration, evaluation, authorization, reporting, and approval under REACH, CLP, and BPR.
(f) Equal Opportunity for Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) Protected Veterans.
(1) The clause at 41 CFR 60-300.5
(a) is incorporated herein by reference. The clause applies if this Contract is valued at or above the threshold specified in FAR 22.1303(a) on the date of subcontract award, unless exempted by the rules, regulations, or orders of the Secretary issued pursuant to VEVRAA. As used in the clause, “contractor” means “SELLER.” This clause applies in addition to FAR 52.222-35 if included in this Contract.
Appears in 1 contract
Sources: Subcontract/Purchase Order
Applicable Laws. (a) This Contract and any matter arising out of or related to this Contract shall be governed by and construed in accordance with the laws of the State from which this Contract is issued by LOCKHEED ▇▇▇▇▇▇, without regard to its conflicts of laws provisions, except that any provision in this Contract that is (i) incorporated in full text or by reference from the Federal Acquisition Regulations Regulation (FAR); or (ii) incorporated in full text or by reference from any agency regulation that implements or supplements the FAR or; (iii) that is substantially based on any such agency regulation or FAR provision, shall be construed and interpreted according to the federal common law of government contracts as enunciated and applied by federal judicial bodies, boards of contracts appeals, and quasi‐judicial quasi-judicial agencies of the federal Government.
(1) SELLER, in the performance of this Contract, agrees to comply with all applicable local, state, and federal laws, orders, rules, regulations, and ordinances. SELLER shall procure all licenses/permits, pay all fees, and other required charges charges, and shall comply with of all applicable guidelines and directives of any local, state state, and/or federal governmental authority.
(2) If: (i) LOCKHEED ▇▇▇▇▇▇'▇ contract price or fee is reduced; (ii) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (iii) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (iv) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; as a result of any violation of applicable laws, orders, rules, regulations, or ordinances by SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (43) below.
(3) Where submission of cost or pricing data is required or requested at any time prior to or during performance of this Contract, if SELLER or its lower‐tier subcontractors: (i) submit and/or certify cost or pricing data that are defective; (ii) with notice of applicable cutoff dates and upon LOCKHEED ▇▇▇▇▇▇'▇ request to provide cost or pricing data, submit cost or pricing data, whether certified or not certified at the time of submission, as a prospective subcontractor, and any such data are defective as of the applicable cutoff date on LOCKHEED ▇▇▇▇▇▇'▇ Certificate of Current Cost or Pricing Data; (iii) claim an exception to a requirement to submit cost or pricing data and such exception is invalid; (iv) furnish data of any description that is inaccurate; or, if (v) the U.S. Government alleges any of the foregoing; and, as a result, (A) LOCKHEED ▇▇▇▇▇▇'▇ contract price or fee is reduced; (B) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (C) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (D) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (4) below.
(4) Upon the occurrence of any of the circumstances, other than withholdings, identified in paragraphs paragraph (2) and (3) above, LOCKHEED ▇▇▇▇▇▇ may make a reduction of corresponding amounts (in whole or in part) in the price of this Contract or any other contract with SELLER, and/or may demand payment (in whole or in part) of the corresponding amounts. SELLER shall promptly pay amounts so demanded. In the case of withholding(s), LOCKHEED ▇▇▇▇▇▇ may withhold the same amount from SELLER under this contractContract.
(4) In the event it is determined that the Work is not a Commercial Item as defined at FAR 2.101, then SELLER agrees that CorpDoc 3, General Provisions and FAR Flowdown Provisions for Subcontracts/Purchase Orders (All Agencies) for Non-Commercial Items under a U.S. Governmental Prime Contract, and the corresponding agency flowdowns shall be applicable to this Contract, in lieu of these terms and conditions, effective as of the date of this Contract.
(c) SELLER represents that each chemical substance constituting or contained in Work sold or otherwise transferred to LOCKHEED ▇▇▇▇▇▇ hereunder is on the list of chemical substances compiled and published by the Administrator of the Environmental Protection Administration pursuant to the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.) as amended.
(d) SELLER shall provide to LOCKHEED ▇▇▇▇▇▇ with each delivery any Material Safety Data Sheet applicable to the Work in conformance with and containing such information as required by the Occupational Safety and Health Act of 1970 and regulations promulgated there under, or its state approved counterpart.
(e) SELLER shall be responsible for compliance with all requirements and obligations relating to its employees under all local, state, and federal statutes, ordinances, rules, and obligations including, but not limited to, employer's obligations under laws relating to: income tax withholding and reporting; civil rights; equal employment opportunity; discrimination on the basis of age, sex, race, color, religion, disability, national origin, or veteran status; overtime; minimum wage; social security contribution and withholding; unemployment insurance; employer's liability insurance; worker's compensation; veteran's rights; and all other employment, labor, or benefits related laws.
Appears in 1 contract
Sources: General Provisions and Far Flowdown Provisions for Subcontracts/Purchase Orders
Applicable Laws. (a) This Contract and any matter arising out of or related to this Contract shall be governed by the laws of the State from which this Contract is issued by LOCKHEED ▇▇▇▇▇▇, without regard to its conflicts of laws provisions, except that any provision in this Contract that is (i) incorporated in full text or by reference from the Federal Acquisition Regulations (FAR); or (ii) incorporated in full text or by reference from any agency regulation that implements or supplements the FAR or; (iii) that is substantially based on any such agency regulation or FAR provision, shall be construed and interpreted according to the federal common law of government contracts as enunciated and applied by federal judicial bodies, boards of contracts appeals, and quasi‐judicial agencies of the federal Government.
(1) SELLER, in the performance of this Contract, agrees to comply with all applicable local, state, and federal laws, orders, rules, regulations, and ordinances. SELLER shall procure all licenses/permits, pay all fees, and other required charges and shall comply with all applicable guidelines and directives of any local, state and/or federal governmental authority.
(2) If: (i) LOCKHEED ▇▇▇▇▇▇'▇ MARTIN's contract price or fee is reduced; (ii) LOCKHEED ▇▇▇▇▇▇'▇ MARTIN's costs are determined to be unallowable; (iii) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (iv) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; as a result of any violation of applicable laws, orders, rules, regulations, or ordinances by SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (4) below.
(3) Where submission of cost or pricing data is required or requested at any time prior to or during performance of this Contract, if SELLER or its lower‐tier subcontractors: (i) submit and/or certify cost or pricing data that are defective; (ii) with notice of applicable cutoff dates and upon LOCKHEED ▇▇▇▇▇▇'▇ request to provide cost or pricing data, submit cost or pricing data, whether certified or not certified at the time of submission, as a prospective subcontractor, and any such data are defective as of the applicable cutoff date on LOCKHEED ▇▇▇▇▇▇'▇ MARTIN's Certificate of Current Cost or Pricing Data; (iii) claim an exception to a requirement to submit cost or pricing data and such exception is invalid; (iv) furnish data of any description that is inaccurate; or, if (v) the U.S. Government alleges any of the foregoing; and, as a result, (A) LOCKHEED ▇▇▇▇▇▇'▇ MARTIN's contract price or fee is reduced; (B) LOCKHEED ▇▇▇▇▇▇'▇ MARTIN's costs are determined to be unallowable; (C) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (D) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (4) below.
(4) Upon the occurrence of any of the circumstances, other than withholdings, identified in paragraphs (2) and (3) above, LOCKHEED ▇▇▇▇▇▇ may make a reduction of corresponding amounts (in whole or in part) in the price of this Contract or any other contract with SELLER, and/or may demand payment (in whole or in part) of the corresponding amounts. SELLER shall promptly pay amounts so demanded. In the case of withholding(s), LOCKHEED ▇▇▇▇▇▇ may withhold the same amount from SELLER under this contract.
(c) SELLER represents that each chemical substance constituting or contained in Work sold or otherwise transferred to LOCKHEED ▇▇▇▇▇▇ hereunder is on the list of chemical substances compiled and published by the Administrator of the Environmental Protection Administration pursuant to the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.) as amended.
(d) SELLER shall provide to LOCKHEED ▇▇▇▇▇▇ with each delivery any Material Safety Data Sheet applicable to the Work in conformance with and containing such information as required by the Occupational Safety and Health Act of 1970 and regulations promulgated there under, or its state approved counterpart.
Appears in 1 contract
Sources: General Provisions and Far Flowdown Provisions for Subcontracts/Purchase Orders
Applicable Laws. (a) This Contract and any matter arising out of or related to this Contract shall be governed by and construed in accordance with the laws of the State from which this Contract is issued by LOCKHEED ▇▇▇▇▇▇, without regard to its conflicts of laws provisions, except that any provision in this Contract that is (i) incorporated in full text or by reference from the Federal Acquisition Regulations (FAR); or (ii) incorporated in full text or by reference from any agency regulation that implements or supplements the FAR orFAR; or (iii) that is substantially based on any such agency regulation or FAR provision, shall be construed and interpreted according to the federal common law of government Government contracts as enunciated and applied by federal judicial bodies, boards of contracts appeals, and quasi‐judicial quasi-judicial agencies of the federal Government.
(1) SELLER, in the performance of this Contract, agrees to comply with all applicable local, state, and federal laws, orders, rules, regulations, and ordinancesordinances of the United States and the country where SELLER will be performing the Contract. SELLER shall procure all licenses/permits, and pay all fees, and other required charges and charges. SELLER shall comply with of all applicable guidelines and directives of any local, state state, and/or federal governmental authority. The provisions of the "United Nations Convention on Contracts for International Sales of Goods" shall not apply to this Contract.
(2) If: (i) LOCKHEED ▇▇▇▇▇▇'▇ contract price cost or fee is reduced; (ii) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (iii) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (iv) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; as a result of any violation of applicable laws, orders, rules, regulations, or ordinances by SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (4) below.
(3) Where submission of cost or pricing data is required or requested at any time prior to or during performance of this Contract, if SELLER or its lower‐tier lower- tier subcontractors: (i) submit and/or certify cost or pricing data that are defective; (ii) with notice of applicable cutoff dates and upon LOCKHEED ▇▇▇▇▇▇'▇ request to provide cost or pricing data, submit cost or pricing data, whether certified or not certified at the time of submission, as a prospective subcontractor, and any such data are defective as of the applicable cutoff date on LOCKHEED ▇▇▇▇▇▇'▇ Certificate of Current Cost or Pricing Data; (iii) claim an exception to a requirement to submit cost or pricing data and such exception is invalid; (iv) furnish data of any description that is inaccurate; or, or if (v) the U.S. Government alleges any of the foregoing; and, as a result, (A1) LOCKHEED ▇▇▇▇▇▇'▇ contract Contract price or fee is reduced; (B2) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (C3) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (D4) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (4) below.
(4) Upon the occurrence of any of the circumstances, other than withholdings, identified in paragraphs (2) and (3) above, LOCKHEED ▇▇▇▇▇▇ may make a reduction of corresponding amounts (in whole or in part) in the price costs and fee of this Contract or any other contract with SELLER, and/or may demand payment (in whole or in part) of the corresponding amounts. SELLER shall promptly pay amounts so demanded. Such sums shall not be considered allowable costs under any provision of the Contract. In the case of withholding(s), LOCKHEED ▇▇▇▇▇▇ may withhold the same amount from SELLER under this contractContract.
(c) If the Work is to be shipped to, or performed in the United States:
(1) SELLER represents that each chemical substance constituting or contained in Work sold or otherwise transferred to LOCKHEED ▇▇▇▇▇▇ hereunder is on the list of chemical substances compiled and published by the Administrator of the Environmental Protection Administration pursuant to the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.) as amended.
(d2) SELLER shall provide to LOCKHEED ▇▇▇▇▇▇ with each delivery any Material Safety Data Sheet applicable to the Work in conformance with and containing such information as required by the Occupational Safety and Health Act of 1970 and regulations promulgated there underthereunder, or its state State approved counterpart.
Appears in 1 contract
Sources: General Provisions Contract
Applicable Laws. (a) a. This Contract and any matter arising out of or related to this Contract shall be governed by the laws of the State from which this Contract is issued by LOCKHEED ▇▇▇▇▇▇KLAS, without regard to its conflicts of laws provisions, except that any provision in this Contract that is (i) incorporated in full text or by reference from the Federal Acquisition Regulations (FAR); or (ii) incorporated in full text or by reference from any agency regulation that implements or supplements the FAR orFAR; or (iii) that is substantially based on any such agency regulation or FAR provision, shall be construed and interpreted according to the federal common law of government contracts as enunciated and applied by federal judicial bodies, boards of contracts appeals, and quasi‐judicial quasi-judicial agencies of the United States federal Governmentgovernment.
(1) b. SELLER, in the performance of this Contract, agrees to shall comply with all applicable local, state, and federal laws, orders, rules, regulations, and ordinances. SELLER shall procure all licenses/permits, pay all fees, fees and other required charges charges, and shall comply with all applicable guidelines and directives of any local, state state, and/or federal governmental authority. SELLER, at its expense, shall provide reasonable cooperation to KLAS in conducting any investigation regarding the nature and scope of any failure by SELLER or its personnel to comply with applicable local, state, and federal laws, orders, rules, regulations, and/or ordinances that may affect the performance of SELLER’s obligations under this Contract.
(2) If: 1. If (i) LOCKHEED ▇▇▇▇▇▇'▇ KLAS’s contract price or fee is reduced; (ii) LOCKHEED ▇▇▇▇▇▇'▇ KLAS’s costs are determined to be unallowable; (iii) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇KLAS; or (iv) LOCKHEED ▇▇▇▇▇▇ KLAS incurs any other costs or damages; as a result of any violation of applicable laws, orders, rules, regulations, or ordinances by SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, LOCKHEED ▇▇▇▇▇▇ KLAS may proceed as provided for in section (42) below.
(3) Where submission of cost or pricing data is required or requested at any time prior to or during performance of this Contract, if SELLER or its lower‐tier subcontractors: (i) submit and/or certify cost or pricing data that are defective; (ii) with notice of applicable cutoff dates and upon LOCKHEED ▇▇▇▇▇▇'▇ request to provide cost or pricing data, submit cost or pricing data, whether certified or not certified at the time of submission, as a prospective subcontractor, and any such data are defective as of the applicable cutoff date on LOCKHEED ▇▇▇▇▇▇'▇ Certificate of Current Cost or Pricing Data; (iii) claim an exception to a requirement to submit cost or pricing data and such exception is invalid; (iv) furnish data of any description that is inaccurate; or, if (v) the U.S. Government alleges any of the foregoing; and, as a result, (A) LOCKHEED ▇▇▇▇▇▇'▇ contract price or fee is reduced; (B) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (C) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (D) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (4) below.
(4) 2. Upon the occurrence of any of the circumstances, other than withholdings, identified in paragraphs paragraph (2) and (31) above, LOCKHEED ▇▇▇▇▇▇ KLAS may make a reduction of corresponding amounts (in whole or in part) in the price of this Contract or any other contract with SELLER, and/or may demand payment (in whole or in part) of the corresponding amounts. SELLER shall promptly pay amounts so demanded. In the case of withholding(s), LOCKHEED ▇▇▇▇▇▇ KLAS may withhold the same amount from SELLER under this contractContract.
3. In the event it is determined that the Work is not a Commercial Item as defined at FAR 2.101, then SELLER agrees that GTC 3 SER, General Provisions for Subcontracts/Purchase Orders (cAll Agencies) for Non-Commercial Services under a U.S. Government Prime Contract, and the corresponding FAR and agency flowdowns shall be applicable to this Contract, in lieu of these terms and conditions, effective as of the date of this Contract.
d. SELLER represents that each chemical substance constituting or contained in Work sold or otherwise transferred to LOCKHEED ▇▇▇▇▇▇ KLAS hereunder is is, as applicable, on the list of chemical substances compiled and published by the Administrator of the Environmental Protection Administration pursuant to the Toxic Substances Control Act (TSCA) Chemical Substances inventory compiled by the United States Environmental Protection Agency pursuant to TSCA (15 U.S.C. Sec. 2601 et seq.2607(b)) as amended.
amended and implemented in 40 CFR Part 710; and is designated as "active" pursuant to the TSCA Inventory Notification Rule (d) codified by amendments to 40 CFR Part 710 effective August 11, 2017). SELLER shall provide make available to LOCKHEED ▇▇▇▇▇▇ with each delivery any Material KLAS all Safety Data Sheet applicable Sheets for any material provided to KLAS, or brought or delivered to KLAS or its customer's premises in the Work in conformance with and containing such information performance of this Contract, as required by applicable law such as the Occupational Safety and Health Act of 1970 and regulations promulgated there underthereunder.
e. Work delivered by SELLER under this Contract may be incorporated into deliverable goods for use in the European Economic Area (EEA) and subject to the European Union Regulation (EC) No 1907/2006 concerning the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH); the Classification, Labeling and Packaging Regulation (EC) No. 1272/2008 (CLP); and the Biocidal Products Regulation (EU) 528/2012) (BPR).
1. SELLER represents and warrants that the Work and any substances contained therein are not prohibited or restricted by, and are supplied in compliance with REACH, CLP, and BPR, and that no current requirement in REACH, CLP, or BPR prevents the sale or transport of SELLER’s Work or substances in SELLER’s Work in the EEA, and that all such Work and substances have been pre-registered, registered, reported, approved, and/or authorized as and to the extent required by REACH, CLP, and BPR.
2. SELLER shall timely respond to any request from KLAS with all relevant information on the Work so that the intents of REACH, CLP, and BPR are met for communicating with downstream users (e.g., as defined in article 3(13) of REACH [any person established in the EEA using substances in the course of that person's industrial or professional activities; the definition does not include the manufacturer, importer, distributor, or consumer]), and in any case, SELLER shall provide all information necessary for KLAS and/or any downstream user to timely and accurately fulfill their obligations under REACH, CLP, and BPR.
3. SELLER shall bear all costs, charges and expenses related to pre-registration, registration, evaluation, authorization, reporting, and approval under REACH, CLP, and BPR.
f. SELLER shall be responsible for compliance with all requirements and obligations relating to its state approved counterpartemployees under all local, state, and federal statutes, ordinances, rules, and obligations, including, but not limited to, employer’s obligations under laws relating to: income tax withholding and reporting; civil rights; equal employment opportunity; discrimination on the basis of age, sex, race, color, religion, disability, national origin, or veteran status; overtime; minimum wage; social security contribution and withholding; unemployment insurance; employer’s liability insurance; worker’s compensation; veteran’s rights; and all other employment, labor, or benefits related laws.
g. SELLER shall notify KLAS promptly in writing if a charge of noncompliance with any law addressing occupational health and safety or protection of the environment has been filed against SELLER in connection with the performance of this Contract.
h. Equal Opportunity for Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) Protected Veterans.
(1) The clause at 41 CFR 60-300.5
(a) is incorporated herein by reference. The clause applies if this Contract is valued at or above the threshold specified in FAR 22.1303(a) on the date of subcontract award, unless exempted by the rules, regulations, or orders of the Secretary issued pursuant to VEVRAA. As used in the clause, “contractor” means “SELLER.” This clause applies in addition to FAR 52.222-35 if included in this Contract.
Appears in 1 contract
Sources: Subcontract/Purchase Order
Applicable Laws. (a) This Contract and any matter arising out of or related to this Contract shall be governed and construed in accordance with by the laws of the State from which this Contract is issued by LOCKHEED ▇▇▇▇▇▇NELOGIS, without regard to its conflicts of laws and provisions, except that any provision in this Contract that is is: (i1) incorporated in full text or by reference from the Federal Acquisition Regulations Regulation (FAR); or ) or: (ii2) incorporated in full text or by reference from any agency regulation that implements or supplements the FAR or; (iii3) that is substantially based on any such agency regulation or FAR provision, shall be construed and interpreted according to the federal common law of government contracts as enunciated and applied by federal judicial bodies, boards of contracts appeals, bodies and quasi‐judicial quasi-judicial agencies of the federal Government.
(1) SELLERThe parties, in the performance of this Contract, agrees agree to comply with all applicable local, state, and federal laws, orders, representations rules, regulations, and ordinancesordinances of the United States and the country where VENDOR will be performing the Contract. SELLER VENDOR shall procure all licenses/permits, and pay all fees, and other required charges charges, and shall comply with of all applicable guidelines and directives of any local, state state, and/or federal governmental authority. The provisions of the "United Nations Convention on Contracts for International Sale of Goods" shall not apply tothis Contract.
(2) If: (i1) LOCKHEED ▇▇▇▇▇▇'▇ NELOGIS's contract price or fee is reduced; (ii2) LOCKHEED ▇▇▇▇▇▇'▇ NELOGIS's costs are determined to be unallowable; (iii3) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇NELOGIS; or or
(iv4) LOCKHEED ▇▇▇▇▇▇ NELOGIS incurs any other costs or damages; as a result of any violation of applicable laws, orders, rules, regulations, or ordinances by SELLERVENDOR, its officers, employees, agents, suppliers, or subcontractors at any tier, LOCKHEED ▇▇▇▇▇▇ NELOGIS may proceed as provided for in (4) below.
(3) Where submission of cost or pricing data is required or requested at any time prior to or during performance of this Contract, if SELLER VENDOR or its lower‐tier lower-tier subcontractors: (i1) submit and/or certify cost or pricing data that are defective; (ii2) with notice of applicable cutoff dates and upon LOCKHEED ▇▇▇▇▇▇'▇ NELOGIS's request to provide cost or pricing data, submit cost or pricing data, whether certified or not certified at the time of submission, as a prospective subcontractor, and any such data are defective as of the applicable cutoff date on LOCKHEED ▇▇▇▇▇▇'▇ NELOGIS's Certificate of Current Cost or Pricing Data; (iii3) claim an exception to a requirement to submit cost or pricing data and such exception is invalid; (iv4) furnish data of any description that is inaccurate; or, if (v4) the U.S. UNiTED STATES Government alleges any of the foregoing; and, as a result, (A) LOCKHEED ▇▇▇▇▇▇'▇ NELOGIS's contract price or fee is reduced; (B) LOCKHEED ▇▇▇▇▇▇'▇ NELOGIS's costs are determined to be unallowable; (C) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇NELOGIS; or (D) LOCKHEED ▇▇▇▇▇▇ NELOGIS incurs any other costs or damages; LOCKHEED ▇▇▇▇▇▇ NELOGIS may proceed as provided for in (4) below.
(4c) Upon if the occurrence of any of the circumstancesWork is to be shipped to, other than withholdings, identified in paragraphs (2) and (3) above, LOCKHEED ▇▇▇▇▇▇ may make a reduction of corresponding amounts (in whole or in part) performed in the price of this Contract or any other contract with SELLER, and/or may demand payment (in whole or in part) of the corresponding amounts. SELLER shall promptly pay amounts so demanded. In the case of withholding(s), LOCKHEED ▇▇▇▇▇▇ may withhold the same amount from SELLER under this contract.United States:
(c1) SELLER VENDOR represents that each chemical substance constituting or contained in Work sold or otherwise transferred to LOCKHEED ▇▇▇▇▇▇ NELOGIS hereunder is on the list of chemical substances compiled and published by the Administrator of the Environmental Protection Administration pursuant to the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.) as amended.
(d2) SELLER VENDOR shall provide to LOCKHEED ▇▇▇▇▇▇ NELOGIS with each delivery any Material Safety Data Sheet applicable to the Work in conformance with and containing such information as required by the Occupational Safety and Health Act of 1970 and regulations promulgated there underthereunder, or its state State approved counterpart.
(3) VENDOR shall be responsible for compliance with all requirements and obligations relating to its employees under all local, state, and federal statutes, ordinances, rules and obligations including, but not limited to, employer’s obligations under laws relating to: income tax withholding and reporting; civil rights; equal employment opportunity; discrimination on the basis of age, sex, race, color, religion, disability, national origin, or veteran status; overtime; minimum wage; social security contribution and withholding; unemployment insurance; employer’s liability insurance; worker’s compensation; veteran’s rights; and all other employment, labor or benefits related laws.
Appears in 1 contract
Sources: Vendor Agreement
Applicable Laws. (a) This Contract and any matter arising out of or related to this Contract shall be governed by the laws of the State from which this Contract is issued by LOCKHEED ▇▇▇▇▇▇, without regard to its conflicts of laws provisions, except that any provision in this Contract that is is: (i) incorporated in full text or by reference from the Federal Acquisition Regulations Regulation (FAR); or ) or: (ii) incorporated in full text or by reference from any agency regulation that implements or supplements the FAR or; (iii) that is substantially based on any such agency regulation or FAR provision, shall be construed and interpreted according to the federal common law of government contracts as enunciated and applied by federal judicial bodies, boards of contracts appeals, and quasi‐judicial quasi-judicial agencies of the federal Government. The provisions of the "United Nations Convention on Contracts for International Sale of Goods" shall not apply to this Contract.
(1b) SELLER, in the performance of this Contract, agrees to shall comply with all applicable local, state, and federal laws, orders, rules, regulations, regulations and ordinancesordinances of the United States and the country where SELLER will be performing the Contract except to the extent penalizable under or inconsistent with United States laws. SELLER shall procure all licenses/permits, pay all fees, and other required charges thereby and shall comply with all applicable guidelines and directives of any local, state state, and/or federal governmental authorityauthority subject to the condition noted above regarding any such compliance not being penalizable under or inconsistent with United States laws. SELLER, at its expense, shall provide reasonable cooperation to LOCKHEED ▇▇▇▇▇▇ in conducting any investigation regarding the nature and scope of any failure by SELLER or its personnel to comply with applicable local, state, and federal laws, orders, rules, regulations, and ordinances that may affect the performance of SELLER's obligations under this Contract.
(21) If: (i) LOCKHEED ▇▇▇▇▇▇'▇ contract price or fee is reduced; (ii) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (iii) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (iv) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; as a result of any violation of applicable laws, orders, rules, regulations, or ordinances by SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (43) below.
(32) Where submission of cost or pricing data is required or requested at any time prior to or during performance of this Contract, if SELLER or its lower‐tier lower-tier subcontractors: (i) submit and/or certify cost or pricing data that are defective; (ii) with notice of applicable cutoff dates and upon LOCKHEED ▇▇▇▇▇▇'▇ request to provide cost or pricing data, submit cost or pricing data, whether certified or not certified at the time of submission, as a prospective subcontractor, and any such data are defective as of the applicable cutoff date on LOCKHEED ▇▇▇▇▇▇'▇ Certificate of Current Cost or Pricing Data; (iii) claim an exception to a requirement to submit cost or pricing data and such exception is invalid; (iv) furnish data of any description that is inaccurate; or, if (v) the U.S. UNITED STATES Government alleges any of the foregoing; and, as a result, (A) LOCKHEED ▇▇▇▇▇▇'▇ contract price or fee is reduced; (B) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (C) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (D) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (43) below.
(43) Upon the occurrence of any of the circumstances, other than withholdings, identified in paragraphs (21) and (31) above, LOCKHEED ▇▇▇▇▇▇ may make a reduction of corresponding amounts (in whole or in part) in the price of this Contract or any other contract with SELLER, and/or may demand payment (in whole or in part) of the corresponding amounts. SELLER shall promptly pay amounts so demanded. In the case of withholding(s), LOCKHEED ▇▇▇▇▇▇ may withhold the same amount from SELLER under this contractContract.
(cd) If the Work is to be shipped to, or performed in the United States:
(1) SELLER represents that each chemical substance constituting or contained in Work sold or otherwise transferred to LOCKHEED ▇▇▇▇▇▇ hereunder is is, as applicable, on the list of chemical substances compiled and published by the Administrator of the Environmental Protection Administration pursuant to the Toxic Substances Control Act (TSCA) Chemical Substances inventory compiled by the United States the Environmental Protection Agency pursuant to TSCA (15 U.S.C. Sec. 2601 et seq.2607(b)) as amendedamended and implemented in 40 CFR Part 710; and is designated as "active" pursuant to the TSCA Inventory Notification Rule (codified by amendments to 40 CFR Part 710 effective August 11, 2017).
(d2) SELLER shall provide make available to LOCKHEED ▇▇▇▇▇▇ with each delivery any Material all Safety Data Sheet applicable Sheets for any material provided to LOCKHEED ▇▇▇▇▇▇, or brought or delivered to LOCKHEED ▇▇▇▇▇▇ or its customer's premises in the Work in conformance with and containing such information performance of this Contract as required by applicable law, such as the Occupational Safety and Health Act of 1970 and regulations promulgated there underthereunder.
(3) Equal Opportunity for Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) Protected Veterans. This paragraph applies with respect to employment activities within the United States.
(1) The clause at 41 CFR 60-300.5
(a) is incorporated herein by reference. The clause applies if this Contract is for $100,000 or more, unless exempted by the rules, regulations, or its state approved counterpartorders of the Secretary issued pursuant to VEVRAA. As used in the clause, “contractor” means “SELLER.” This clause applies in addition to FAR 52.222-35 if included in this Contract.
Appears in 1 contract
Sources: General Provisions for International Subcontracts/Purchase Orders
Applicable Laws. (a) This Contract and any matter arising out of or related to this Contract shall be governed by and construed in accordance with the laws of the State from which this Contract is issued by LOCKHEED ▇▇▇▇▇▇, of California without regard to its conflicts of laws provisions, except that any provision in this Contract that is (i) incorporated in full text or by reference from the Federal Acquisition Regulations Regulation (FAR); or (ii) incorporated in full text or by reference from any agency regulation that implements or supplements the FAR or; (iii) that is substantially based on any such agency regulation or FAR provision, shall be construed and interpreted according to the federal common law of government contracts as enunciated and applied by federal judicial bodies, boards of contracts appeals, and quasi‐judicial quasi-judicial agencies of the federal Government.
(1) SELLER, in the performance of this Contract, agrees to comply with all applicable local, state, and federal laws, orders, rules, regulations, and ordinances. SELLER shall procure all licenses/permits, and pay all fees, and other required charges charges, and shall comply with all applicable guidelines and directives of any local, state state, and/or federal governmental authority. SELLER, at its expense, shall provide reasonable cooperation to GENERAL MICRO SYSTEMS in conducting any investigation regarding the nature and scope of any failure by SELLER or its personnel to comply with applicable local, state, and federal laws, orders, rules, regulations, and ordinances that may affect the performance of SELLER’s obligations under this Contract.
(2) If: (i) LOCKHEED ▇▇▇▇▇▇'▇ GENERAL MICRO SYSTEMS, INC. contract price or fee is reduced; (ii) LOCKHEED ▇▇▇▇▇▇'▇ GENERAL MICRO SYSTEMS' costs are determined to be unallowable; (iii) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇GENERAL MICRO SYSTEMS; or (iv) LOCKHEED ▇▇▇▇▇▇ GENERAL MICRO SYSTEMS incurs any other costs or damages; as a result of any violation of applicable laws, orders, rules, regulations, or ordinances by SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, LOCKHEED ▇▇▇▇▇▇ GENERAL MICRO SYSTEMS may proceed as provided for in (43) below.
(3) Where submission of cost or pricing data is required or requested at any time prior to or during performance of this Contract, if SELLER or its lower‐tier subcontractors: (i) submit and/or certify cost or pricing data that are defective; (ii) with notice of applicable cutoff dates and upon LOCKHEED ▇▇▇▇▇▇'▇ request to provide cost or pricing data, submit cost or pricing data, whether certified or not certified at the time of submission, as a prospective subcontractor, and any such data are defective as of the applicable cutoff date on LOCKHEED ▇▇▇▇▇▇'▇ Certificate of Current Cost or Pricing Data; (iii) claim an exception to a requirement to submit cost or pricing data and such exception is invalid; (iv) furnish data of any description that is inaccurate; or, if (v) the U.S. Government alleges any of the foregoing; and, as a result, (A) LOCKHEED ▇▇▇▇▇▇'▇ contract price or fee is reduced; (B) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (C) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (D) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (4) below.
(4) Upon the occurrence of any of the circumstances, other than withholdings, identified in paragraphs paragraph (2) and (3) above, LOCKHEED ▇▇▇▇▇▇ GENERAL MICRO SYSTEMS may make a reduction of corresponding amounts (in whole or in part) in the price of this Contract or any other contract with SELLER, and/or may demand payment (in whole or in part) of the corresponding amounts. SELLER shall promptly pay amounts so demanded. In the case of withholding(s), LOCKHEED ▇▇▇▇▇▇ GENERAL MICRO SYSTEMS may withhold the same amount from SELLER under this contractContract.
(c) SELLER represents that each chemical substance constituting or contained in Work sold or otherwise transferred to LOCKHEED ▇▇▇▇▇▇ GENERAL MICRO SYSTEMS hereunder is on the list of chemical substances compiled and published by the Administrator of the Environmental Protection Administration pursuant to the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.) as amended.
(d) SELLER shall provide to LOCKHEED ▇▇▇▇▇▇ GENERAL MICRO SYSTEMS with each delivery any Material Safety Data Sheet applicable to the Work in conformance with and containing such information as required by the Occupational Safety and Health Act of 1970 and regulations promulgated there under, or its state State approved counterpart.
(e) Equal Opportunity for the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) Protected Veterans.
(1) The clause at 41 CFR 60-300.5
(a) is incorporated herein by reference. The clause applies if this Contract is or $100,000 or more, unless exempted by the rules, regulations, or orders of the Secretary issued pursuant to VEVRAA. As used in the clause, “contractor” means “SELLER.” This clause applies in addition to FAR 52.223-35 if included in this contract.
Appears in 1 contract
Sources: General Provisions and Far Flowdown Provisions for Commercial Items
Applicable Laws. (a) This Contract and any matter arising out of or related to this Contract shall be governed by the laws of the State from which this Contract is issued by LOCKHEED ▇▇▇▇▇▇of New York, without regard to its conflicts of laws provisions, except that any provision in this Contract that is (i) incorporated in full text or by reference from the Federal Acquisition Regulations (FAR); ) or (ii) incorporated in full text or by reference from any agency regulation that implements or supplements the FAR or; or (iii) that is substantially based on any such agency regulation or FAR provision, shall be construed and interpreted according to the federal common law of government Government contracts as enunciated and applied by federal judicial bodies, boards of contracts appeals, and quasi‐judicial quasi- judicial agencies of the federal Government.
(1b) SELLER, in the performance of this Contract, agrees to shall comply with all applicable local, state, and federal laws, orders, rules, regulations, and ordinances. Upon request by LOCKHEED ▇▇▇▇▇▇, SELLER shall provide evidence of compliance with applicable local, state, and federal laws, orders, rules, regulations, and ordinances (including the place of production or performance of the Work or any part thereof). SELLER shall procure all licenses/permits, permits and pay all fees, fees and other required charges and charges. SELLER shall comply with all applicable guidelines and directives of any local, state state, and/or federal governmental authority. SELLER, at its expense, shall provide reasonable cooperation to LOCKHEED ▇▇▇▇▇▇ in conducting any investigation regarding the nature and scope of any failure by SELLER or its personnel to comply with applicable local, state, and federal laws, orders, rules, regulations, and ordinances that may affect the performance of SELLER's obligations under this Contract.
(21) If: (i) LOCKHEED ▇▇▇▇▇▇'▇ MARTIN's contract price cost or fee is reduced; (ii) LOCKHEED ▇▇▇▇▇▇'▇ MARTIN's costs are determined to be unallowable; (iii) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (iv) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; as a result of any violation of applicable laws, orders, rules, regulations, or ordinances by SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (43) below.
(32) Where submission of cost or pricing data is required or requested at any time prior to or during performance of this Contract, if SELLER or its lower‐tier lower-tier subcontractors: (i) submit and/or certify cost or pricing data that are defective; (ii) with notice of applicable cutoff dates and upon LOCKHEED ▇▇▇▇▇▇'▇ request to provide cost or pricing data, submit cost or pricing data, whether certified or not certified at the time of submission, as a prospective subcontractor, and any such data are defective as of the applicable cutoff date on LOCKHEED ▇▇▇▇▇▇'▇ MARTIN's Certificate of Current Cost or Pricing Data; (iii) claim an exception to a requirement to submit cost or pricing data and such exception is invalid; (iv) furnish data of any description that is inaccurate; or, or if (v) the U.S. Government alleges any of the foregoing; and, as a result, (A) LOCKHEED ▇▇▇▇▇▇'▇ contract MARTIN's Contract price or fee is reduced; (B) LOCKHEED ▇▇▇▇▇▇'▇ MARTIN's costs are determined to be unallowable; (C) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (D) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in paragraph (43) below.
(43) Upon the occurrence of any of the circumstances, other than withholdings, identified in paragraphs (21) and (32) above, LOCKHEED ▇▇▇▇▇▇ may make a reduction of corresponding amounts (in whole or in part) in the price costs and fee of this Contract or any other contract with SELLER, and/or may demand payment (in whole or in part) of the corresponding amounts. SELLER shall promptly pay amounts so demanded. Such sums shall not be considered allowable costs under any provision of the Contract. In the case of withholding(s), LOCKHEED ▇▇▇▇▇▇ may withhold the same amount from SELLER under this contractContract.
(c) SELLER represents that each chemical substance constituting or contained in Work sold or otherwise transferred to LOCKHEED ▇▇▇▇▇▇ hereunder is is, as applicable, on the list of chemical substances compiled and published by the Administrator of the Environmental Protection Administration pursuant to the Toxic Substances Control Act (TSCA) Chemical Substances inventory compiled by the United States the Environmental Protection Agency pursuant to TSCA (15 U.S.C. Sec. 2601 et seq.2607(b)) as amendedamended and implemented in 40 CFR Part 710; and is designated as "active" pursuant to the TSCA Inventory Notification Rule (codified by amendments to 40 CFR Part 710 effective August 11, 2017).
(d) SELLER shall provide make available to LOCKHEED ▇▇▇▇▇▇ with each delivery any Material all Safety Data Sheet applicable Sheets for any material provided to LOCKHEED ▇▇▇▇▇▇, or brought or delivered to LOCKHEED ▇▇▇▇▇▇ or its customer's premises in the Work in conformance with and containing such information performance of this Contract, as required by applicable law such as the Occupational Safety and Health Act of 1970 and regulations promulgated there underthereunder.
(e) Work delivered by SELLER under this Contract may be incorporated into deliverable goods for use (i) in the European Economic Area (EEA) and subject to the European Union Regulation (EC) No 1907/2006 concerning the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH); the Classification, Labeling and Packaging Regulation (EC) No. 1272/2008 (CLP); and the Biocidal Products Regulation (EU) 528/2012) (BPR); and/or (ii) in countries with laws or regulations containing provisions substantially equivalent to REACH and comparable implementing regulations and laws of multi-lateral conventions (such as the Stockholm (Persistent Organic Pollutants) and Minamata (Mercury) Conventions).
(1) SELLER represents and warrants that the Work and any substances contained therein are not prohibited or restricted by, and are supplied in compliance with all applicable chemical substance laws and/or regulations including but not limited to REACH, CLP, and BPR, and that no current requirement in any applicable chemical substance law and/or regulation prevents the sale or transport of SELLER’s Work or substances in SELLER’s Work in the EEA or other applicable countries, and that all such Work and substances have been pre-registered, registered, reported, approved, and/or authorized as and to the extent required by all applicable chemical substance laws and/or regulations including but not limited to REACH, CLP, and BPR.
(2) SELLER shall timely respond to any request from LOCKHEED ▇▇▇▇▇▇ with all relevant information on the Work so that the intents of all applicable chemical substance laws and/or regulations including but not limited to REACH, CLP, and BPR are met for communicating with downstream users (e.g., as defined in article 3(13) of REACH [any person established in the EEA using substances in the course of that person's industrial or professional activities; the definition does not include the manufacturer, importer, distributor, or consumer]), and in any case, SELLER shall provide all information necessary for LOCKHEED ▇▇▇▇▇▇ and/or any downstream user to timely and accurately fulfill their obligations under all applicable chemical substance laws and/or regulations including but not limited to REACH, CLP, and BPR.
(3) SELLER shall bear all costs, charges and expenses related to pre-registration, registration, evaluation, authorization, reporting, and approval under all applicable chemical substance laws and/or regulations including but not limited to REACH, CLP, and BPR.
(f) SELLER also represents that it will identify for every component or part of the Work, the chemical(s) present and any Chemical Abstract Services (CAS) Registry Number(s), or similar identifying classification such as generic name and accession number to ensure compliance with TSCA or other applicable chemical substance regulation. This information shall be provided by SELLER for itself and all sub-tier suppliers to LOCKHEED ▇▇▇▇▇▇ upon request.
(g) SELLER shall be responsible for compliance with all requirements and obligations relating to its state approved counterpartemployees under all local, state, and federal statutes, ordinances, rules and obligations including, but not limited to, employer's obligations under laws relating to: income tax withholding and reporting; civil rights; equal employment opportunity; discrimination on the basis of age, sex, race, color, religion, disability, national origin, or veteran status; overtime; minimum wage; social security contribution and withholding; unemployment insurance; employer's liability insurance; worker's compensation; veteran's rights; and all other employment, labor or benefits related laws.
(h) SELLER shall notify LOCKHEED ▇▇▇▇▇▇ promptly in writing if a charge of noncompliance with any law addressing occupational health and safety or protection of the environment has been filed against SELLER in connection with the performance of this Contract.
(i) Equal Opportunity for Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) Protected Veterans.
(1) The clause at 41 CFR 60-300.5
(a) is incorporated herein by reference. The clause applies if this Contract is valued at or above the threshold specified in FAR 22.1303(a) on the date of subcontract award, unless exempted by the rules, regulations, or orders of the Secretary issued pursuant to VEVRAA. As used in the clause, “contractor” means “SELLER.” This clause applies in addition to FAR 52.222-35 if included in this Contract. (2) LOCKHEED ▇▇▇▇▇▇ and SELLER shall abide by the requirements of 41 CFR 60-300.5(a). This regulation prohibits discrimination against qualified protected veterans, and
Appears in 1 contract
Applicable Laws. (a) This Contract and any matter arising out of or related to this Contract shall be governed by the laws of the State from which this Contract is issued by LOCKHEED ▇▇▇▇▇▇of New York, without regard to its conflicts of laws provisions, except that any provision in this Contract that is (i) incorporated in full text or by reference from the Federal Acquisition Regulations (FAR); ) or (ii) incorporated in full text or by reference from any agency regulation that implements or supplements the FAR or; or (iii) that is substantially based on any such agency regulation or FAR provision, shall be construed and interpreted according to the federal common law of government Government contracts as enunciated and applied by federal judicial bodies, boards of contracts appeals, and quasi‐judicial quasi- judicial agencies of the federal Government.
(1b) SELLER, in the performance of this Contract, agrees to shall comply with all applicable local, state, and federal laws, orders, rules, regulations, and ordinances. Upon request by LOCKHEED ▇▇▇▇▇▇, SELLER shall provide evidence of compliance with applicable local, state, and federal laws, orders, rules, regulations, and ordinances (including the place of production or performance of the Work or any part thereof). SELLER shall procure all licenses/permits, permits and pay all fees, fees and other required charges and charges. SELLER shall comply with all applicable guidelines and directives of any local, state state, and/or federal governmental authority. SELLER, at its expense, shall provide reasonable cooperation to LOCKHEED ▇▇▇▇▇▇ in conducting any investigation regarding the nature and scope of any failure by SELLER or its personnel to comply with applicable local, state, and federal laws, orders, rules, regulations, and ordinances that may affect the performance of SELLER's obligations under this Contract.
(21) If: (i) LOCKHEED ▇▇▇▇▇▇'▇ MARTIN's contract price cost or fee is reduced; (ii) LOCKHEED ▇▇▇▇▇▇'▇ MARTIN's costs are determined to be unallowable; (iii) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (iv) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; as a result of any violation of applicable laws, orders, rules, regulations, or ordinances by SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (43) below.
(32) Where submission of cost or pricing data is required or requested at any time prior to or during performance of this Contract, if SELLER or its lower‐tier lower-tier subcontractors: (i) submit and/or certify cost or pricing data that are defective; (ii) with notice of applicable cutoff dates and upon LOCKHEED ▇▇▇▇▇▇'▇ request to provide cost or pricing data, submit cost or pricing data, whether certified or not certified at the time of submission, as a prospective subcontractor, and any such data are defective as of the applicable cutoff date on LOCKHEED ▇▇▇▇▇▇'▇ MARTIN's Certificate of Current Cost or Pricing Data; (iii) claim an exception to a requirement to submit cost or pricing data and such exception is invalid; (iv) furnish data of any description that is inaccurate; or, or if (v) the U.S. Government alleges any of the foregoing; and, as a result, (A) LOCKHEED ▇▇▇▇▇▇'▇ contract MARTIN's Contract price or fee is reduced; (B) LOCKHEED ▇▇▇▇▇▇'▇ MARTIN's costs are determined to be unallowable; (C) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (D) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in paragraph (43) below.
(43) Upon the occurrence of any of the circumstances, other than withholdings, identified in paragraphs (21) and (32) above, LOCKHEED ▇▇▇▇▇▇ may make a reduction of corresponding amounts (in whole or in part) in the price costs and fee of this Contract or any other contract with SELLER, and/or may demand payment (in whole or in part) of the corresponding amounts. SELLER shall promptly pay amounts so demanded. Such sums shall not be considered allowable costs under any provision of the Contract. In the case of withholding(s), LOCKHEED ▇▇▇▇▇▇ may withhold the same amount from SELLER under this contractContract.
(c) SELLER represents that each chemical substance constituting or contained in Work sold or otherwise transferred to LOCKHEED ▇▇▇▇▇▇ hereunder is is, as applicable, on the list of chemical substances compiled and published by the Administrator of the Environmental Protection Administration pursuant to the Toxic Substances Control Act (TSCA) Chemical Substances inventory compiled by the United States the Environmental Protection Agency pursuant to TSCA (15 U.S.C. Sec. 2601 et seq.2607(b)) as amendedamended and implemented in 40 CFR Part 710; and is designated as "active" pursuant to the TSCA Inventory Notification Rule (codified by amendments to 40 CFR Part 710 effective August 11, 2017).
(d) SELLER shall provide make available to LOCKHEED ▇▇▇▇▇▇ with each delivery any Material all Safety Data Sheet applicable Sheets for any material provided to LOCKHEED ▇▇▇▇▇▇, or brought or delivered to LOCKHEED ▇▇▇▇▇▇ or its customer's premises in the Work in conformance with and containing such information performance of this Contract, as required by applicable law such as the Occupational Safety and Health Act of 1970 and regulations promulgated there underthereunder.
(e) Work delivered by SELLER under this Contract may be incorporated into deliverable goods for use (i) in the European Economic Area (EEA) and subject to the European Union Regulation (EC) No 1907/2006 concerning the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH); the Classification, Labeling and Packaging Regulation (EC) No. 1272/2008 (CLP); and the Biocidal Products Regulation (EU) 528/2012) (BPR); and/or (ii) in countries with laws or regulations containing provisions substantially equivalent to REACH and comparable implementing regulations and laws of multi-lateral conventions (such as the Stockholm (Persistent Organic Pollutants) and Minamata (Mercury) Conventions).
(1) SELLER represents and warrants that the Work and any substances contained therein are not prohibited or restricted by, and are supplied in compliance with all applicable chemical substance laws and/or regulations including but not limited to REACH, CLP, and BPR, and that no current requirement in any applicable chemical substance law and/or regulation prevents the sale or transport of SELLER’s Work or substances in SELLER’s Work in the EEA or other applicable countries, and that all such Work and substances have been pre-registered, registered, reported, approved, and/or authorized as and to the extent required by all applicable chemical substance laws and/or regulations including but not limited to REACH, CLP, and BPR.
(2) SELLER shall timely respond to any request from LOCKHEED ▇▇▇▇▇▇ with all relevant information on the Work so that the intents of all applicable chemical substance laws and/or regulations including but not limited to REACH, CLP, and BPR are met for communicating with downstream users (e.g., as defined in article 3(13) of REACH [any person established in the EEA using substances in the course of that person's industrial or professional activities; the definition does not include the manufacturer, importer, distributor, or consumer]), and in any case, SELLER shall provide all information necessary for LOCKHEED ▇▇▇▇▇▇ and/or any downstream user to timely and accurately fulfill their obligations under all applicable chemical substance laws and/or regulations including but not limited to REACH, CLP, and BPR.
(3) SELLER shall bear all costs, charges and expenses related to pre-registration, registration, evaluation, authorization, reporting, and approval under all applicable chemical substance laws and/or regulations including but not limited to REACH, CLP, and BPR.
(f) SELLER also represents that it will identify for every component or part of the Work, the chemical(s) present and any Chemical Abstract Services (CAS) Registry Number(s), or similar identifying classification such as generic name and accession number to ensure compliance with TSCA or other applicable chemical substance regulation. This information shall be provided by SELLER for itself and all sub-tier suppliers to LOCKHEED ▇▇▇▇▇▇ upon request.
(g) SELLER shall be responsible for compliance with all requirements and obligations relating to its state approved counterpartemployees under all local, state, and federal statutes, ordinances, rules and obligations including, but not limited to, employer's obligations under laws relating to: income tax withholding and reporting; civil rights; equal employment opportunity; discrimination on the basis of age, sex, race, color, religion, disability, national origin, or veteran status; overtime; minimum wage; social security contribution and withholding; unemployment insurance; employer's liability insurance; worker's compensation; veteran's rights; and all other employment, labor or benefits related laws.
(h) SELLER shall notify LOCKHEED ▇▇▇▇▇▇ promptly in writing if a charge of noncompliance with any law addressing occupational health and safety or protection of the environment has been filed against SELLER in connection with the performance of this Contract.
(i) Equal Opportunity for Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) Protected Veterans.
(1) The clause at 41 CFR 60-300.5
(a) is incorporated herein by reference. The clause applies if this Contract is valued at or above the threshold specified in FAR 22.1303(a) on the date of subcontract award, unless exempted by the rules, regulations,
Appears in 1 contract
Sources: General Provisions for Time and Material and Labor Hour Subcontracts/Purchase Orders
Applicable Laws. (a) This Contract and any matter arising out of or related to this Contract shall be governed and construed in accordance with by the laws of the State from which this Contract is issued by LOCKHEED ▇▇▇▇▇▇, without regard to its conflicts of laws provisions, except that any provision in this Contract that is is: (i) incorporated in full text or by reference from the Federal Acquisition Regulations Regulation (FAR); or ) or: (ii) incorporated in full text or by reference from any agency regulation that implements or supplements the FAR or; (iii) that is substantially based on any such agency regulation or FAR provision, shall be construed and interpreted according to the federal common law of government contracts as enunciated and applied by federal judicial bodies, boards of contracts appeals, and quasi‐judicial quasi-judicial agencies of the federal Government. The provisions of the United Nations Convention on Contracts for International Sale of Goods shall not apply to this Contract.
(1) SELLER, in the performance of this Contract, agrees to comply with all applicable local, state, and federal laws, orders, representations rules, regulations, and ordinancesordinances of the United States and the country where SELLER will be performing the Contract. SELLER shall procure all licenses/permits, and pay all fees, and other required charges charges, and shall comply with of all applicable guidelines and directives of any local, state state, and/or federal governmental authority.
(2) If: (i) LOCKHEED ▇▇▇▇▇▇'▇ contract price or fee is reduced; (ii) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (iii) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (iv) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; as a result of any violation of applicable laws, orders, rules, regulations, or ordinances by SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (43) below.
(3) Where submission of cost or pricing data is required or requested at any time prior to or during performance of this Contract, if SELLER or its lower‐tier subcontractors: (i) submit and/or certify cost or pricing data that are defective; (ii) with notice of applicable cutoff dates and upon LOCKHEED ▇▇▇▇▇▇'▇ request to provide cost or pricing data, submit cost or pricing data, whether certified or not certified at the time of submission, as a prospective subcontractor, and any such data are defective as of the applicable cutoff date on LOCKHEED ▇▇▇▇▇▇'▇ Certificate of Current Cost or Pricing Data; (iii) claim an exception to a requirement to submit cost or pricing data and such exception is invalid; (iv) furnish data of any description that is inaccurate; or, if (v) the U.S. Government alleges any of the foregoing; and, as a result, (A) LOCKHEED ▇▇▇▇▇▇'▇ contract price or fee is reduced; (B) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (C) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (D) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (4) below.
(4) Upon the occurrence of any of the circumstances, other than withholdings, identified in paragraphs (2) and (3) above, LOCKHEED ▇▇▇▇▇▇ may make a reduction of corresponding amounts (in whole or in part) in the price of this Contract or any other contract with SELLER, and/or may demand payment (in whole or in part) of the corresponding amounts. SELLER shall promptly pay amounts so demanded. In the case of withholding(s), LOCKHEED ▇▇▇▇▇▇ may withhold the same amount from SELLER under this contractContract.
(c4) In the event it is determined that the Work is not a Commercial Item as defined at FAR 2.101, then SELLER agrees that CORPDOC 3, General Provisions and FAR Flowdown Provisions for Subcontracts/Purchase Orders (All Agencies) for Non-Commercial Items under a U.S. Governmental Prime Contract, and the corresponding agency flowdowns shall be applicable to this Contract, in lieu of these terms and conditions, effective as of the date of this Contract.
(1) Seller shall comply with applicable laws and regulations relating to anti-corruption, including, without limitation, (i) the United States Foreign Corrupt Practices Act (FCPA) (15 U.S.C. §§78dd-1, et. seq.) irrespective of the place of performance, and (ii)laws and regulations implementing the Organization for Economic Cooperation and Development’s Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, the U.N. Convention Against Corruption, and the Inter-American Convention Against Corruption in SELLER’s country or any country where performance of this Contract will occur.
(2) In carrying out its responsibilities under this Contract –
(i) SELLER represents that it has not paid, offered, promised to pay or authorized and will not pay, offer, promise to pay, or authorize the payment directly or indirectly of any monies or anything of value to (i) any person or firm employed by or acting for on behalf of any customer, whether private or governmental, or (ii) any government official or employee or any political party or candidate for political office for the purpose of influencing any act or decision or inducing or rewarding any action by the customer in any commercial transaction or in any governmental matter or securing any improper advantage to assist LOCKHEED ▇▇▇▇▇▇ or SELLER in obtaining or retaining business or directing business to any person.
(ii) No owner, partner, officer, director or employee of SELLER or of any parent or subsidiary company of SELLER is or will become an official or employee of the government or of an agency or instrumentality of a government or a candidate for political office or a political party official during the term of this Contract, unless such person obtains the prior written approval of LOCKHEED ▇▇▇▇▇▇.
(iii) SELLER has not made and will not make, either directly or indirectly, any improper payments.
(iv) SELLER has not made and will not make any facilitating payment (as that term is defined in the FCPA) without the prior written approval of LOCKHEED ▇▇▇▇▇▇.
(d) If the Work is to be shipped to, or performed in the United States:
(1) SELLER represents that each chemical substance constituting or contained in Work sold or otherwise transferred to LOCKHEED ▇▇▇▇▇▇ hereunder is on the list of chemical substances compiled and published by the Administrator of the Environmental Protection Administration pursuant to the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.) as amended.
(d2) SELLER shall provide to LOCKHEED ▇▇▇▇▇▇ with each delivery any Material Safety Data Sheet applicable to the Work in conformance with and containing such information as required by the Occupational Safety and Health Act of 1970 and regulations promulgated there underthereunder, or its state State approved counterpart.
Appears in 1 contract
Applicable Laws. (a) This Contract and any matter arising out of or related to this Contract shall be governed by the laws of the State from which this Contract is issued by LOCKHEED ▇▇▇▇▇▇, without regard to its conflicts of laws provisions, except that any provision in this Contract that is (i) incorporated in full text or by reference from the Federal Acquisition Regulations Regulation (FAR); or (ii) incorporated in full text or by reference from any agency regulation that implements or supplements the FAR or; (iii) that is substantially based on any such agency regulation or FAR provision, shall be construed and interpreted according to the federal common law of government contracts as enunciated and applied by federal judicial bodies, boards of contracts appeals, and quasi‐judicial quasi-judicial agencies of the federal Government.
(1) SELLER, in the performance of this Contract, agrees to comply with all applicable local, state, and federal laws, orders, rules, regulations, and ordinances. SELLER shall procure all licenses/permits, and pay all fees, and other required charges charges, and shall comply with all applicable guidelines and directives of any local, state state, and/or federal governmental authority.
(2) If: (i) LOCKHEED ▇▇▇▇▇▇'▇ contract price or fee is reduced; (ii) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (iii) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (iv) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; as a result of any violation of applicable laws, orders, rules, regulations, or ordinances by SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (43) below.
(3) Where submission of cost or pricing data is required or requested at any time prior to or during performance of this Contract, if SELLER or its lower‐tier subcontractors: (i) submit and/or certify cost or pricing data that are defective; (ii) with notice of applicable cutoff dates and upon LOCKHEED ▇▇▇▇▇▇'▇ request to provide cost or pricing data, submit cost or pricing data, whether certified or not certified at the time of submission, as a prospective subcontractor, and any such data are defective as of the applicable cutoff date on LOCKHEED ▇▇▇▇▇▇'▇ Certificate of Current Cost or Pricing Data; (iii) claim an exception to a requirement to submit cost or pricing data and such exception is invalid; (iv) furnish data of any description that is inaccurate; or, if (v) the U.S. Government alleges any of the foregoing; and, as a result, (A) LOCKHEED ▇▇▇▇▇▇'▇ contract price or fee is reduced; (B) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (C) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (D) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (4) below.
(4) Upon the occurrence of any of the circumstances, other than withholdings, identified in paragraphs paragraph (2) and (3) above, LOCKHEED ▇▇▇▇▇▇ may make a reduction of corresponding amounts (in whole or in part) in the price of this Contract or any other contract with SELLER, and/or may demand payment (in whole or in part) of the corresponding amounts. SELLER shall promptly pay amounts so demanded. In the case of withholding(s), LOCKHEED ▇▇▇▇▇▇ may withhold the same amount from SELLER under this contractContract.
(4) In the event it is determined that the Work is not a Commercial Item as defined at FAR 2.101, then SELLER agrees that CORPDOC 3, General Provisions and FAR Flowdown Provisions for Subcontracts/Purchase Orders (All Agencies) for Non-Commercial Items under a U.S. Governmental Prime Contract, and the corresponding agency flowdowns shall be applicable to this Contract, in lieu of these terms and conditions, effective as of the date of this Contract.
(c) SELLER represents that each chemical substance constituting or contained in Work sold or otherwise transferred to LOCKHEED ▇▇▇▇▇▇ hereunder is on the list of chemical substances compiled and published by the Administrator of the Environmental Protection Administration pursuant to the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.) as amended.
(d) SELLER shall provide to LOCKHEED ▇▇▇▇▇▇ with each delivery any Material Safety Data Sheet applicable to the Work in conformance with and containing such information as required by the Occupational Safety and Health Act of 1970 and regulations promulgated there under, or its state State approved counterpart.
Appears in 1 contract
Sources: Subcontract/Purchase Order Agreement
Applicable Laws. (a) This Contract and any matter arising out of or related to this Contract shall be governed by the laws of the State from which this Contract is issued by LOCKHEED ▇▇▇▇▇▇of New York, without regard to its conflicts of laws provisions, except that any provision in this Contract that is (i) incorporated in full text or by reference from the Federal Acquisition Regulations Regulation (FAR); or (ii) incorporated in full text or by reference from any agency regulation that implements or supplements the FAR or; (iii) that is substantially based on any such agency regulation or FAR provision, shall be construed and interpreted according to the federal common law of government contracts as enunciated and applied by federal judicial bodies, boards of contracts appeals, and quasi‐judicial quasi- judicial agencies of the federal Government.
(1b) SELLER, in the performance of this Contract, agrees to shall comply with all applicable local, state, and federal laws, orders, rules, regulations, and ordinances. Upon request by LOCKHEED ▇▇▇▇▇▇, SELLER shall provide evidence of compliance with applicable local, state, and federal laws, orders, rules, regulations, and ordinances (including the place of production or performance of the Work or any part thereof). SELLER shall procure all licenses/permits, pay all fees, and other required charges charges, and shall comply with all applicable guidelines and directives of any local, state state, and/or federal governmental authority. SELLER, at its expense, shall provide reasonable cooperation to LOCKHEED ▇▇▇▇▇▇ in conducting any investigation regarding the nature and scope of any failure by SELLER or its personnel to comply with applicable local, state, and federal laws, orders, rules, regulations, and ordinances that may affect the performance of SELLER's obligations under this Contract.
(21) If: (i) LOCKHEED ▇▇▇▇▇▇'▇ MARTIN's contract price or fee is reduced; (ii) LOCKHEED ▇▇▇▇▇▇'▇ MARTIN's costs are determined to be unallowable; (iii) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (iv) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; as a result of any violation of applicable laws, orders, rules, regulations, or ordinances by SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (4c)(2) below.
(3) Where submission of cost or pricing data is required or requested at any time prior to or during performance of this Contract, if SELLER or its lower‐tier subcontractors: (i) submit and/or certify cost or pricing data that are defective; (ii) with notice of applicable cutoff dates and upon LOCKHEED ▇▇▇▇▇▇'▇ request to provide cost or pricing data, submit cost or pricing data, whether certified or not certified at the time of submission, as a prospective subcontractor, and any such data are defective as of the applicable cutoff date on LOCKHEED ▇▇▇▇▇▇'▇ Certificate of Current Cost or Pricing Data; (iii) claim an exception to a requirement to submit cost or pricing data and such exception is invalid; (iv) furnish data of any description that is inaccurate; or, if (v) the U.S. Government alleges any of the foregoing; and, as a result, (A) LOCKHEED ▇▇▇▇▇▇'▇ contract price or fee is reduced; (B) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (C) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (D) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (4) below.
(42) Upon the occurrence of any of the circumstances, other than withholdings, identified in paragraphs paragraph (2) and (31) above, LOCKHEED ▇▇▇▇▇▇ may make a reduction of corresponding amounts (in whole or in part) in the price of this Contract or any other contract with SELLER, and/or may demand payment (in whole or in part) of the corresponding amounts. SELLER shall promptly pay amounts so demanded. In the case of withholding(s), LOCKHEED ▇▇▇▇▇▇ may withhold the same amount from SELLER under this contractContract.
(c3) In the event it is determined that the Work is not a Commercial Service as defined at FAR 2.101, then SELLER agrees that CorpDoc 3SER, General Provisions for Subcontracts/Purchase Orders (All Agencies) for Non-Commercial Services under a U.S. Government Prime Contract, and the corresponding FAR and agency flowdowns shall be applicable to this Contract, in lieu of these terms and conditions, effective as of the date of this Contract.
(d) SELLER represents that each chemical substance constituting or contained in Work sold or otherwise transferred to LOCKHEED ▇▇▇▇▇▇ hereunder is is, as applicable, on the list of chemical substances compiled and published by the Administrator of the Environmental Protection Administration pursuant to the Toxic Substances Control Act (TSCA) Chemical Substances inventory compiled by the United States the Environmental Protection Agency pursuant to TSCA (15 U.S.C. Sec. 2601 et seq.2607(b)) as amended.
amended and implemented in 40 CFR Part 710; and is designated as "active" pursuant to the TSCA Inventory Notification Rule (d) codified by amendments to 40 CFR Part 710 effective August 11, 2017). SELLER shall provide make available to LOCKHEED ▇▇▇▇▇▇ with each delivery any Material all Safety Data Sheet applicable Sheets for any material provided to LOCKHEED ▇▇▇▇▇▇, or brought or delivered to LOCKHEED ▇▇▇▇▇▇ or its customer's premises in the Work in conformance with and containing such information performance of this Contract, as required by applicable law such as the Occupational Safety and Health Act of 1970 and regulations promulgated there underthereunder.
(e) Work delivered by SELLER under this Contract may be incorporated into deliverable goods for use (i) in the European Economic Area (EEA) and subject to the European Union Regulation (EC) No 1907/2006 concerning the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH); the Classification, Labeling and Packaging Regulation (EC) No. 1272/2008 (CLP); and the Biocidal Products Regulation (EU) 528/2012) (BPR); and/or (ii) in countries with laws or regulations containing provisions substantially equivalent to REACH and comparable implementing regulations and laws of multi-lateral conventions (such as the Stockholm (Persistent Organic Pollutants) and Minamata (Mercury) Conventions).
(1) SELLER represents and warrants that the Work and any substances contained therein are not prohibited or restricted by, and are supplied in compliance with all applicable chemical substance laws and/or regulations including but not limited to REACH, CLP, and BPR, and that no current requirement in any applicable chemical substance law and/or regulation prevents the sale or transport of SELLER’s Work countries, and that all such Work and substances have been pre-registered, registered, reported, approved, and/or authorized as and to the extent required by all applicable chemical substance laws and/or regulations including but not limited to REACH, CLP, and BPR.
(2) SELLER shall timely respond to any request from LOCKHEED ▇▇▇▇▇▇ with all relevant information on the Work so that the intents of all applicable chemical substance laws and/or regulations including but not limited to REACH, CLP, and BPR are met for communicating with downstream users (e.g., as defined in article 3(13) of REACH [any person established in the EEA using substances in the course of that person's industrial or professional activities; the definition does not include the manufacturer, importer, distributor, or consumer]), and in any case, SELLER shall provide all information necessary for LOCKHEED ▇▇▇▇▇▇ and/or any downstream user to timely and accurately fulfill their obligations under all applicable chemical substance laws and/or regulations including but not limited to REACH, CLP, and BPR.
(3) SELLER shall bear all costs, charges and expenses related to pre-registration, registration, evaluation, authorization, reporting, and approval under all applicable chemical substance laws and/or regulations including but not limited to REACH, CLP, and BPR.
(f) SELLER also represents that it will identify for every component or part of the Work, the chemical(s) present and any Chemical Abstract Services (CAS) Registry Number(s), or similar identifying classification such as generic name and accession number to ensure compliance with TSCA or other applicable chemical substance regulation. This information shall be provided by SELLER for itself and all sub-tier suppliers to LOCKHEED ▇▇▇▇▇▇ upon request.
(g) SELLER shall be responsible for compliance with all requirements and obligations relating to its state approved counterpartemployees under all local, state, and federal statutes, ordinances, rules, and obligations including, but not limited to, employer's obligations under laws relating to: income tax withholding and reporting; civil rights; equal employment opportunity; discrimination on the basis of age, sex, race, color, religion, disability, national origin, or veteran status; overtime; minimum wage; social security contribution and withholding; unemployment insurance; employer's liability insurance; worker's compensation; veteran's rights; and all other employment, labor, or benefits related laws.
(h) SELLER shall notify LOCKHEED ▇▇▇▇▇▇ promptly in writing if a charge of noncompliance with any law addressing occupational health and safety or protection of the environment has been filed against SELLER in connection with the performance of this Contract.
Appears in 1 contract
Sources: General Provisions for Subcontracts/Purchase Orders
Applicable Laws. (a) This Contract and any matter arising out of or related to this Contract shall be governed by the laws of the State from which this Contract is issued by LOCKHEED ▇▇▇▇▇▇of New York, without regard to its conflicts of laws provisions, except that any provision in this Contract that is (i) incorporated in full text or by reference from the Federal Acquisition Regulations Regulation (FAR); or (ii) incorporated in full text or by reference from any agency regulation that implements or supplements the FAR or; (iii) that is substantially based on any such agency regulation or FAR provision, shall be construed and interpreted according to the federal common law of government contracts as enunciated and applied by federal judicial bodies, boards of contracts appeals, and quasi‐judicial quasi- judicial agencies of the federal Government.
(1b) SELLER, in the performance of this Contract, agrees to shall comply with all applicable local, state, and federal laws, orders, rules, regulations, and ordinances. Upon request by LOCKHEED ▇▇▇▇▇▇, SELLER shall provide evidence of compliance with applicable local, state, and federal laws, orders, rules, regulations, and ordinances (including the place of production or performance of the Work or any part thereof). SELLER shall procure all licenses/permits, pay all fees, and other required charges charges, and shall comply with all applicable guidelines and directives of any local, state state, and/or federal governmental authority. SELLER, at its expense, shall provide reasonable cooperation to LOCKHEED ▇▇▇▇▇▇ in conducting any investigation regarding the nature and scope of any failure by SELLER or its personnel to comply with applicable local, state, and federal laws, orders, rules, regulations, and ordinances that may affect the performance of SELLER's obligations under this Contract.
(21) If: (i) LOCKHEED ▇▇▇▇▇▇'▇ contract price or fee is reduced; (ii) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (iii) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (iv) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; as a result of any violation of applicable laws, orders, rules, regulations, or ordinances by SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (4c)(2) below.
(3) Where submission of cost or pricing data is required or requested at any time prior to or during performance of this Contract, if SELLER or its lower‐tier subcontractors: (i) submit and/or certify cost or pricing data that are defective; (ii) with notice of applicable cutoff dates and upon LOCKHEED ▇▇▇▇▇▇'▇ request to provide cost or pricing data, submit cost or pricing data, whether certified or not certified at the time of submission, as a prospective subcontractor, and any such data are defective as of the applicable cutoff date on LOCKHEED ▇▇▇▇▇▇'▇ Certificate of Current Cost or Pricing Data; (iii) claim an exception to a requirement to submit cost or pricing data and such exception is invalid; (iv) furnish data of any description that is inaccurate; or, if (v) the U.S. Government alleges any of the foregoing; and, as a result, (A) LOCKHEED ▇▇▇▇▇▇'▇ contract price or fee is reduced; (B) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (C) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (D) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (4) below.
(42) Upon the occurrence of any of the circumstances, other than withholdings, identified in paragraphs paragraph (2) and (31) above, LOCKHEED ▇▇▇▇▇▇ may make a reduction of corresponding amounts (in whole or in part) in the price of this Contract or any other contract with SELLER, and/or may demand payment (in whole or in part) of the corresponding amounts. SELLER shall promptly pay amounts so demanded. In the case of withholding(s), LOCKHEED ▇▇▇▇▇▇ may withhold the same amount from SELLER under this contractContract.
(c3) In the event it is determined that the Work is not a Commercial Service as defined at FAR 2.101, then SELLER agrees that CorpDoc 3SER, General Provisions for Subcontracts/Purchase Orders (All Agencies) for Non-Commercial Services under a U.S. Government Prime Contract, and the corresponding FAR and agency flowdowns shall be applicable to this Contract, in lieu of these terms and conditions, effective as of the date of this Contract.
(d) SELLER represents that each chemical substance constituting or contained in Work sold or otherwise transferred to LOCKHEED ▇▇▇▇▇▇ hereunder is is, as applicable, on the list of chemical substances compiled and published by the Administrator of the Environmental Protection Administration pursuant to the Toxic Substances Control Act (TSCA) Chemical Substances inventory compiled by the United States the Environmental Protection Agency pursuant to TSCA (15 U.S.C. Sec. 2601 et seq.2607(b)) as amended.
amended and implemented in 40 CFR Part 710; and is designated as "active" pursuant to the TSCA Inventory Notification Rule (d) codified by amendments to 40 CFR Part 710 effective August 11, 2017). SELLER shall provide make available to LOCKHEED ▇▇▇▇▇▇ with each delivery any Material all Safety Data Sheet applicable Sheets for any material provided to LOCKHEED ▇▇▇▇▇▇, or brought or delivered to LOCKHEED ▇▇▇▇▇▇ or its customer's premises in the Work in conformance with and containing such information performance of this Contract, as required by applicable law such as the Occupational Safety and Health Act of 1970 and regulations promulgated there underthereunder.
(e) Work delivered by SELLER under this Contract may be incorporated into deliverable goods for use (i) in the European Economic Area (EEA) and subject to the European Union Regulation (EC) No 1907/2006 concerning the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH); the Classification, Labeling and Packaging Regulation (EC) No. 1272/2008 (CLP); and the Biocidal Products Regulation (EU) 528/2012) (BPR); and/or (ii) in countries with laws or regulations containing provisions substantially equivalent to REACH and comparable implementing regulations and laws of multi-lateral conventions (such as the Stockholm (Persistent Organic Pollutants) and Minamata (Mercury) Conventions).
(1) SELLER represents and warrants that the Work and any substances contained therein are not prohibited or restricted by, and are supplied in compliance with all applicable chemical substance laws and/or regulations including but not limited to REACH, CLP, and BPR, and that no current requirement in any applicable chemical substance law and/or regulation prevents the sale or transport of SELLER’s Work or substances in SELLER’s Work in the EEA or other applicable countries, and that all such Work and substances have been pre-registered, registered, reported, approved, and/or authorized as and to the extent required by all applicable chemical substance laws and/or regulations including but not limited to REACH, CLP, and BPR.
(2) SELLER shall timely respond to any request from LOCKHEED ▇▇▇▇▇▇ with all relevant information on the Work so that the intents of all applicable chemical substance laws and/or regulations including but not limited to REACH, CLP, and BPR are met for communicating with downstream users (e.g., as defined in article 3(13) of REACH [any person established in the EEA using substances in the course of that person's industrial or professional activities; the definition does not include the manufacturer, importer, distributor, or consumer]), and in any case, SELLER shall provide all information necessary for LOCKHEED ▇▇▇▇▇▇ and/or any downstream user to timely and accurately fulfill their obligations under all applicable chemical substance laws and/or regulations including but not limited to REACH, CLP, and BPR.
(3) SELLER shall bear all costs, charges and expenses related to pre-registration, registration, evaluation, authorization, reporting, and approval under all applicable chemical substance laws and/or regulations including but not limited to REACH, CLP, and BPR.
(f) SELLER also represents that it will identify for every component or part of the Work, the chemical(s) present and any Chemical Abstract Services (CAS) Registry Number(s), or similar identifying classification such as generic name and accession number to ensure compliance with TSCA or other applicable chemical substance regulation. This information shall be provided by SELLER for itself and all sub-tier suppliers to LOCKHEED ▇▇▇▇▇▇ upon request.
(g) SELLER shall be responsible for compliance with all requirements and obligations relating to its state approved counterpartemployees under all local, state, and federal statutes, ordinances, rules, and obligations including, but not limited to, employer's obligations under laws relating to: income tax withholding and reporting; civil rights; equal employment opportunity; discrimination on the basis of age, sex, race, color, religion, disability, national origin, or veteran status; overtime; minimum wage; social security contribution and withholding; unemployment insurance; employer's liability insurance; worker's compensation; veteran's rights; and all other employment, labor, or benefits related laws.
(h) SELLER shall notify LOCKHEED ▇▇▇▇▇▇ promptly in writing if a charge of noncompliance with any law addressing occupational health and safety or protection of the environment has been filed against SELLER in connection with the performance of this Contract.
Appears in 1 contract
Sources: Subcontract/Purchase Order Agreement
Applicable Laws. (a) This Contract and any matter arising out of or related to this Contract shall be governed by and construed in accordance with the laws of the State from which this Contract is issued by LOCKHEED ▇▇▇▇▇▇issued, without regard to excluding its conflicts choice of laws provisionsrules, except that any provision in this Contract that is (i) incorporated in full text or by reference from the Federal Acquisition Regulations (FAR); or (ii) incorporated in full text or by reference from any agency regulation that implements or supplements the FAR or; (iii) that is substantially based on any such agency regulation or FAR provision, shall be construed and interpreted according to the federal common law of government contracts as enunciated and applied by federal judicial bodies, boards of contracts appeals, and quasi‐judicial quasi-judicial agencies of the federal Government.
(1) SELLER, in the performance of this Contract, SELLER agrees to comply with all applicable local, state, and federal laws, orders, rules, regulations, and ordinances. SELLER shall procure all licenses/permits, pay all fees, and other required charges and shall comply with all applicable guidelines and directives of any local, state and/or federal governmental authority.
(2) If: (i) LOCKHEED ▇▇▇▇▇▇'▇ contract price or fee is reduced; (ii) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (iii) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (iv) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; as a result of any violation of applicable laws, orders, rules, regulations, or ordinances by SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (43) below.
(3) Where submission of cost or pricing data is required or requested at any time prior to or during performance of this Contract, if SELLER or its lower‐tier subcontractors: (i) submit and/or certify cost or pricing data that are defective; (ii) with notice of applicable cutoff dates and upon LOCKHEED ▇▇▇▇▇▇'▇ request to provide cost or pricing data, submit cost or pricing data, whether certified or not certified at the time of submission, as a prospective subcontractor, and any such data are defective as of the applicable cutoff date on LOCKHEED ▇▇▇▇▇▇'▇ Certificate of Current Cost or Pricing Data; (iii) claim an exception to a requirement to submit cost or pricing data and such exception is invalid; (iv) furnish data of any description that is inaccurate; or, if (v) the U.S. Government alleges any of the foregoing; and, as a result, (A) LOCKHEED ▇▇▇▇▇▇'▇ contract price or fee is reduced; (B) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (C) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (D) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (4) below.
(4) Upon the occurrence of any of the circumstances, other than withholdings, identified in paragraphs (2) and (3) above, LOCKHEED ▇▇▇▇▇▇ may make a reduction of corresponding amounts (in whole or in part) in the price of this Contract or any other contract with SELLER, and/or may demand payment (in whole or in part) of the corresponding amounts. SELLER shall promptly pay amounts so demanded. In the case of withholding(s), LOCKHEED ▇▇▇▇▇▇ may withhold the same amount from SELLER under this contract.
(c) SELLER represents that each chemical substance constituting or contained in Work sold or otherwise transferred to LOCKHEED ▇▇▇▇▇▇ hereunder ▇▇▇▇▇▇▇▇▇ is on the list of chemical substances compiled and published by the Administrator of the Environmental Protection Administration pursuant to the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.) as amended.
(d) SELLER SELLER, if specified in the Contract, shall provide to LOCKHEED ▇▇▇▇▇▇ with each delivery any Material Safety Data Sheet applicable to the Work work in conformance with and containing such information as required by the Occupational Safety and Health Act of 1970 and regulations promulgated there under, or its state approved counterpart.
Appears in 1 contract
Sources: Contract
Applicable Laws. (a) This Contract and any matter arising out of or related to this Contract shall be governed and construed in accordance with by the laws of the State from which this Contract is issued by LOCKHEED ▇▇▇▇▇▇S3, without regard to its conflicts of laws and provisions, except that any provision in this Contract that is is: (i) incorporated in full text or by reference from the Federal Acquisition Regulations Regulation (FAR); or ) or: (ii) incorporated in full text or by reference from any agency regulation that implements or supplements the FAR or; ;
(iii) that is substantially based on any such agency regulation or FAR provision, shall be construed and interpreted according to the federal common law of government contracts as enunciated and applied by federal judicial bodies, boards of contracts appeals, and quasi‐judicial quasi-judicial agencies of the federal Government.
(1) SELLERThe parties, in the performance of this Contract, agrees agree to comply with all applicable local, state, and federal laws, orders, representations rules, regulations, and ordinancesordinances of the United States and the country where SELLER will be performing the Contract. SELLER shall procure all licenses/permits, and pay all fees, and other required charges charges, and shall comply with of all applicable guidelines and directives of any local, state state, and/or federal governmental authority. The provisions of the "United Nations Convention on Contracts for International Sale of Goods" shall not apply to this Contract.
(2) If: (i) LOCKHEED ▇▇▇▇▇▇'▇ S3's contract price or fee is reduced; (ii) LOCKHEED ▇▇▇▇▇▇'▇ S3's costs are determined to be unallowable; (iii) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇S3; or (iv) LOCKHEED ▇▇▇▇▇▇ S3 incurs any other costs or damages; as a result of any violation of applicable laws, orders, rules, regulations, or ordinances by SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, LOCKHEED ▇▇▇▇▇▇ S3 may proceed as provided for in (4) below.
(3) Where submission of cost or pricing data is required or requested at any time prior to or during performance of this Contract, if SELLER or its lower‐tier lower-tier subcontractors: (i) submit and/or certify cost or pricing data that are defective; (ii) with notice of applicable cutoff dates and upon LOCKHEED ▇▇▇▇▇▇'▇ S3's request to provide cost or pricing data, submit cost or pricing data, whether certified or not certified at the time of submission, as a prospective subcontractor, and any such data are defective as of the applicable cutoff date on LOCKHEED ▇▇▇▇▇▇'▇ S3's Certificate of Current Cost or Pricing Data; (iii) claim an exception to a requirement to submit cost or pricing data and such exception is invalid; (iv) furnish data of any description that is inaccurate; or, if (v) the U.S. UNITED STATES Government alleges any of the foregoing; and, as a result, (A) LOCKHEED ▇▇▇▇▇▇'▇ S3's contract price or fee is reduced; (B) LOCKHEED ▇▇▇▇▇▇'▇ S3's costs are determined to be unallowable; (C) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇S3; or (D) LOCKHEED ▇▇▇▇▇▇ S3 incurs any other costs or damages; LOCKHEED ▇▇▇▇▇▇ S3 may proceed as provided for in (4) below.. S3-PRO-049 │ Effective Date: 02/10/2016 │ Revision: 0 PAGE 1 of 14
(4) Upon the occurrence of any of the circumstances, other than withholdings, identified in paragraphs (2) and (3) above, LOCKHEED ▇▇▇▇▇▇ S3 may make a reduction of corresponding amounts (in whole or in part) in the price of this Contract or any other contract with SELLER, and/or may demand payment (in whole or in part) of the corresponding amounts. SELLER shall promptly pay amounts so demanded. In the case of withholding(s), LOCKHEED ▇▇▇▇▇▇ S3 may withhold the same amount from SELLER under this contractContract.
(c) If the Work is to be shipped to, or performed in the United States:
(1) SELLER represents that each chemical substance constituting or contained in Work sold or otherwise transferred to LOCKHEED ▇▇▇▇▇▇ S3 hereunder is on the list of chemical substances compiled and published by the Administrator of the Environmental Protection Administration pursuant to the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.) ), as amended.
(d2) SELLER shall provide to LOCKHEED ▇▇▇▇▇▇ S3 with each delivery any Material Safety Data Sheet applicable to the Work in conformance with and containing such information as required by the Occupational Safety and Health Act of 1970 and regulations promulgated there underthereunder, or its state State approved counterpart.
(3) SELLER shall be responsible for compliance with all requirements and obligations relating to its employees under all local, state, and federal statutes, ordinances, rules and obligations including, but not limited to, employer’s obligations under laws relating to: income tax withholding and reporting; civil rights; equal employment opportunity; discrimination on the basis of age, sex, race, color, religion, disability, national origin, or veteran status; overtime; minimum wage; social security contribution and withholding; unemployment insurance; employer’s liability insurance; worker’s compensation; veteran’s rights; and all other employment, labor or benefits related laws.
Appears in 1 contract
Sources: General Contract
Applicable Laws. (a) This Contract and any matter arising out of or related to this Contract shall be governed by and construed in accordance with the laws of the State from which this Contract is issued by LOCKHEED ▇▇▇▇▇▇, without regard to its conflicts of laws provisions, except that any provision in this Contract that is (i) incorporated in full text or by reference from the Federal Acquisition Regulations Regulation (FAR); or (ii) incorporated in full text or by reference from any agency regulation that implements or supplements the FAR or; (iii) that is substantially based on any such agency regulation or FAR provision, shall be construed and interpreted according to the federal common law of government contracts as enunciated and applied by federal judicial bodies, boards of contracts appeals, and quasi‐judicial quasi-judicial agencies of the federal Government.
(1) SELLER, in the performance of this Contract, agrees to comply with all applicable local, state, and federal laws, orders, rules, regulations, and ordinances. SELLER shall procure all licenses/permits, permits and pay all fees, fees and other required charges , and shall comply with all applicable guidelines and directives of any local, state state, and/or federal governmental authority.
(2) If: If (i) LOCKHEED ▇▇▇▇▇▇'▇ contract price or fee is reduced; (ii) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (iii) any fines, penalties, withholdings, penalties or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (iv) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; as a result of any violation of applicable laws, orders, rules, regulations, or ordinances by SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (4) below.
(3) Where submission of cost or pricing data is required or requested at any time prior to or during performance of this Contract, if SELLER or its lower‐tier lower- tier subcontractors: (i) submit and/or certify cost or pricing data that are defective; (ii) with notice of applicable cutoff dates and upon LOCKHEED ▇▇▇▇▇▇'▇ request to provide cost or pricing data, submit cost or pricing data, whether certified or not certified at the time of submission, as a prospective subcontractor, and any such data are defective as of the applicable cutoff date on LOCKHEED ▇▇▇▇▇▇'▇ Certificate of Current Cost or Pricing Data; (iii) claim an exception to a requirement to submit cost or pricing data and such exception is invalid; (iv) furnish data of any description that is inaccurate; or, if (v) the U.S. Government alleges any of the foregoing; and, as a result, (A) LOCKHEED ▇▇▇▇▇▇'▇ contract price or fee is reduced; (B) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (C) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (D) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (4) below.
(4) Upon the occurrence of any of the circumstances, other than withholdings, identified in paragraphs (2) and (3) above, LOCKHEED ▇▇▇▇▇▇ may make a reduction of corresponding amounts (in whole or in part) in the price of this Contract or any other contract with SELLER, and/or may demand payment (in whole or in part) of the corresponding amounts. SELLER shall promptly pay amounts so demanded. In the case of withholding(s), LOCKHEED ▇▇▇▇▇▇ may withhold the same amount from SELLER under this contractContract.
(c) SELLER represents that each chemical substance constituting or contained in Work sold or otherwise transferred to LOCKHEED ▇▇▇▇▇▇ hereunder is on the list of chemical substances compiled and published by the Administrator of the Environmental Protection Administration pursuant to the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.) as amended.
(d) SELLER shall provide to LOCKHEED ▇▇▇▇▇▇ with each delivery any Material Safety Data Sheet applicable to the Work in conformance with and containing such information as required by the Occupational Safety and Health Act of 1970 and regulations promulgated there under, or its state approved counterpart.
(e) SELLER shall be responsible for compliance with all requirements and obligations relating to its employees under all local, state, and federal statutes, ordinances, rules and obligations including, but not limited to, employer's obligations under laws relating to: income tax withholding and reporting; civil rights; equal employment opportunity; discrimination on the basis of age, sex, race, color, religion, disability, national origin, or veteran status; overtime; minimum wage; social security contribution and withholding; unemployment insurance; employer's liability insurance; worker's compensation; veteran's rights; and all other employment, labor or benefits related laws.
Appears in 1 contract
Sources: General Provisions and Far Flowdown Provisions for Subcontracts/Purchase Orders
Applicable Laws. (a) This Contract and any matter arising out of or related to this Contract shall be governed by and construed in accordance with the laws of the State from which this Contract is issued by LOCKHEED ▇▇▇▇▇▇, without regard to its conflicts of laws provisions, except that any provision in this Contract that is (i) incorporated in full text or by reference from the Federal Acquisition Regulations (FAR); or (ii) incorporated in full text or by reference from any agency regulation that implements or supplements the FAR or; (iii) that is substantially based on any such agency regulation or FAR provision, shall be construed and interpreted according to the federal common law of government contracts as enunciated and applied by federal judicial bodies, boards of contracts appeals, and quasi‐judicial quasi-judicial agencies of the federal Government.
(1) SELLER, in the performance of this Contract, agrees to comply with all applicable local, state, and federal laws, orders, rules, regulations, and ordinances. SELLER shall procure all licenses/permits, pay all fees, and other required charges and shall comply with all applicable guidelines and directives of any local, state and/or federal governmental authority.
(2) If: (i) LOCKHEED ▇▇▇▇▇▇'▇ MARTIN's contract price or fee is reduced; (ii) LOCKHEED ▇▇▇▇▇▇'▇ MARTIN's costs are determined to be unallowable; (iii) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (iv) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; as a result of any violation of applicable laws, orders, rules, regulations, or ordinances by SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (4) below.
(3) Where submission of cost or pricing data is required or requested at any time prior to or during performance of this Contract, if SELLER or its lower‐tier lower-tier subcontractors: (i) submit and/or certify cost or pricing data that are defective; (ii) with notice of applicable cutoff dates and upon LOCKHEED ▇▇▇▇▇▇'▇ request to provide cost or pricing data, submit cost or pricing data, whether certified or not certified at the time of submission, as a prospective subcontractor, and any such data are defective as of the applicable cutoff date on LOCKHEED ▇▇▇▇▇▇'▇ MARTIN's Certificate of Current Cost or Pricing Data; (iii) claim an exception to a requirement to submit cost or pricing data and such exception is invalid; (iv) furnish data of any description that is inaccurate; or, if (v) the U.S. Government alleges any of the foregoing; and, as a result, (A) LOCKHEED ▇▇▇▇▇▇'▇ MARTIN's contract price or fee is reduced; (B) LOCKHEED ▇▇▇▇▇▇'▇ MARTIN's costs are determined to be unallowable; (C) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (D) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (4) below.
(4) Upon the occurrence of any of the circumstances, other than withholdings, identified in paragraphs (2) and (3) above, LOCKHEED ▇▇▇▇▇▇ may make a reduction of corresponding amounts (in whole or in part) in the price of this Contract or any other contract with SELLER, and/or may demand payment (in whole or in part) of the corresponding amounts. SELLER shall promptly pay amounts so demanded. In the case of withholding(s), LOCKHEED ▇▇▇▇▇▇ may withhold the same amount from SELLER under this contract.
(c) SELLER represents that each chemical substance constituting or contained in Work sold or otherwise transferred to LOCKHEED ▇▇▇▇▇▇ hereunder is on the list of chemical substances compiled and published by the Administrator of the Environmental Protection Administration pursuant to the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.) as amended.
(d) SELLER shall provide to LOCKHEED ▇▇▇▇▇▇ with each delivery any Material Safety Data Sheet applicable to the Work in conformance with and containing such information as required by the Occupational Safety and Health Act of 1970 and regulations promulgated there under, or its state approved counterpart.
Appears in 1 contract
Sources: General Provisions and Far Flowdown Provisions for Subcontracts/Purchase Orders
Applicable Laws. (a) This Contract and any matter arising out of or related to this Contract shall be governed by and construed in accordance with the laws of the State from which this Contract is issued by LOCKHEED ▇▇▇▇▇▇, without regard to its conflicts of laws provisions, except that any provision in this Contract that is (i) incorporated in full text or by reference from the Federal Acquisition Regulations Regulation (FAR); or (ii) incorporated in full text or by reference from any agency regulation that implements or supplements the FAR or; (iii) that is substantially based on any such agency regulation or FAR provision, shall be construed and interpreted according to the federal common law of government contracts as enunciated and applied by federal judicial bodies, boards of contracts appeals, and quasi‐judicial quasi-judicial agencies of the federal Government.
(1) SELLER, in the performance of this Contract, agrees to comply with all applicable local, state, and federal laws, orders, rules, regulations, and ordinances. SELLER shall procure all licenses/permits, pay all fees, and other required charges charges, and shall comply with of all applicable guidelines and directives of any local, state state, and/or federal governmental authority.
(2) If: (i) LOCKHEED ▇▇▇▇▇▇'▇ MARTIN's contract price or fee is reduced; (ii) LOCKHEED ▇▇▇▇▇▇'▇ MARTIN's costs are determined to be unallowable; (iii) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (iv) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; as a result of any violation of applicable laws, orders, rules, regulations, or ordinances by SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (43) below.
(3) Where submission of cost or pricing data is required or requested at any time prior to or during performance of this Contract, if SELLER or its lower‐tier subcontractors: (i) submit and/or certify cost or pricing data that are defective; (ii) with notice of applicable cutoff dates and upon LOCKHEED ▇▇▇▇▇▇'▇ request to provide cost or pricing data, submit cost or pricing data, whether certified or not certified at the time of submission, as a prospective subcontractor, and any such data are defective as of the applicable cutoff date on LOCKHEED ▇▇▇▇▇▇'▇ Certificate of Current Cost or Pricing Data; (iii) claim an exception to a requirement to submit cost or pricing data and such exception is invalid; (iv) furnish data of any description that is inaccurate; or, if (v) the U.S. Government alleges any of the foregoing; and, as a result, (A) LOCKHEED ▇▇▇▇▇▇'▇ contract price or fee is reduced; (B) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (C) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (D) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (4) below.
(4) Upon the occurrence of any of the circumstances, other than withholdings, identified in paragraphs paragraph (2) and (3) above, LOCKHEED ▇▇▇▇▇▇ may make a reduction of corresponding amounts (in whole or in part) in the price of this Contract or any other contract with SELLER, and/or may demand payment (in whole or in part) of the corresponding amounts. SELLER shall promptly pay amounts so demanded. In the case of withholding(s), LOCKHEED ▇▇▇▇▇▇ may withhold the same amount from SELLER under this contractContract.
(4) In the event it is determined that the Work is not a Commercial Item as defined at FAR 2.101, then SELLER agrees that CorpDoc 3, General Provisions and FAR Flowdown Provisions for Subcontracts/Purchase Orders (All Agencies) for Non-Commercial Items under a U.S. Governmental Prime Contract, and the corresponding agency flowdowns shall be applicable to this Contract, in lieu of these terms and conditions, effective as of the date of this Contract.
(c) SELLER represents that each chemical substance constituting or contained in Work sold or otherwise transferred to LOCKHEED ▇▇▇▇▇▇ hereunder is on the list of chemical substances compiled and published by the Administrator of the Environmental Protection Administration pursuant to the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.) as amended.
(d) SELLER shall provide to LOCKHEED ▇▇▇▇▇▇ with each delivery any Material Safety Data Sheet applicable to the Work in conformance with and containing such information as required by the Occupational Safety and Health Act of 1970 and regulations promulgated there under, or its state approved counterpart.
(e) SELLER shall be responsible for compliance with all requirements and obligations relating to its employees under all local, state, and federal statutes, ordinances, rules, and obligations including, but not limited to, employer's obligations under laws relating to: income tax withholding and reporting; civil rights; equal employment opportunity; discrimination on the basis of age, sex, race, color, religion, disability, national origin, or veteran status; overtime; minimum wage; social security contribution and withholding; unemployment insurance; employer's liability insurance; worker's compensation; veteran's rights; and all other employment, labor, or benefits related laws.
Appears in 1 contract
Applicable Laws. (a) This Contract and any matter all matters arising out of from or related to this Contract it shall be governed by and construed in accordance with the laws of the State from which this Contract is issued by LOCKHEED ▇▇▇▇▇▇of Florida, without regard to excluding its conflicts choice of laws provisions, except that any provision in this Contract that is law rules. (i) incorporated in full text or by reference from the Federal Acquisition Regulations (FARb); or (ii) incorporated in full text or by reference from any agency regulation that implements or supplements the FAR or; (iii) that is substantially based on any such agency regulation or FAR provision, shall be construed and interpreted according to the federal common law of government contracts as enunciated and applied by federal judicial bodies, boards of contracts appeals, and quasi‐judicial agencies of the federal Government.
(1) SELLER, in the performance of this Contract, agrees to SELLER shall comply with all applicable local, state, and federal laws, orders, rules, regulations, and ordinances. SELLER shall procure all licenses/licenses and permits, and pay all fees, fees and other required charges and shall comply with necessary to conduct its business, all applicable guidelines and directives of any local, state and/or federal governmental authorityat SELLER’s expense.
(2) IfSELLER shall be responsible for compliance with all requirements and obligations relating to its employ ees under all applicable local, state, and federal statutes, ordinances, rules, and obligations including, but not limited to, employer’s obligations under laws relating to: income tax withholding and reporting; civil rights; equal employment opportunity; discrimination on the basis of age, sex, race, color, religion, disability, national origin, or veteran status; work eligibility status in the United States as determined through E•Verify, a federal immigration verification system; overtime; minimum wage; social security contribution and withholding; unemployment insurance; employer’s liability insurance; worker’s compensation; veteran’s rights; employment of child labor, convict labor, or sweatshop labor; and all other employment, labor, or benefits related laws.
(i3) LOCKHEED ▇▇▇▇▇▇'▇ contract price SELLER certifies they are not presently debarred, suspended, proposed for debarment, declared ineligible, or fee voluntarily excluded by any federal department or agency.
(4) If Defense Technology incurs or is reduced; (ii) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (iii) assessed any fines, penalties, withholdings, penalties or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (iv) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; damages as a result of any violation of applicable laws, orders, rules, regulations, or ordinances by SELLER, its directors, officers, employees, agents, suppliers, or subcontractors at any tier, LOCKHEED ▇▇▇▇▇▇ DEFENSE TECHNOLOGY may proceed as provided for in (4subparagraph 2(b)(5) below.
(3) Where submission of cost or pricing data is required or requested at any time prior to or during performance of this Contract, if SELLER or its lower‐tier subcontractors: (i) submit and/or certify cost or pricing data that are defective; (ii) with notice of applicable cutoff dates and upon LOCKHEED ▇▇▇▇▇▇'▇ request to provide cost or pricing data, submit cost or pricing data, whether certified or not certified at the time of submission, as a prospective subcontractor, and any such data are defective as of the applicable cutoff date on LOCKHEED ▇▇▇▇▇▇'▇ Certificate of Current Cost or Pricing Data; (iii) claim an exception to a requirement to submit cost or pricing data and such exception is invalid; (iv) furnish data of any description that is inaccurate; or, if (v) the U.S. Government alleges any of the foregoing; and, as a result, (A) LOCKHEED ▇▇▇▇▇▇'▇ contract price or fee is reduced; (B) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (C) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (D) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (4) below.
(45) Upon the occurrence of any of the circumstancescircumstances identified herein, other than withholdings, identified in paragraphs (2) and (3) above, LOCKHEED ▇▇▇▇▇▇ DEFENSE TECHNOLOGY may make a reduction of corresponding amounts (in whole or in part) in the price price, or in the costs and fee, of this Contract or any other another contract with SELLER, and/or may demand payment (in whole or in part) of the corresponding amounts. SELLER shall promptly pay amounts so demanded. In the case of withholding(s), LOCKHEED ▇▇▇▇▇▇ may withhold the same amount from SELLER under this contract.
(c) SELLER represents that each chemical substance constituting or contained shall not import any chemicals as defined in Work sold or otherwise transferred to LOCKHEED ▇▇▇▇▇▇ hereunder is on the list of chemical substances compiled and published by the Administrator of the Environmental Protection Administration pursuant to the Toxic Substances Control Act (hereinafter “TSCA”) 15 U.S.C. Sec. 2601 U.S.C.2601 et seq.. to DEFENSE TECHNOLOGY in the performance of this order. The term “chemical substance” or “mixture” shall include, but is not lim ited to, formulated products such as hydraulic fluids, solid and liquid fuels, lubricants, solvents, adhesives, resins, paints or other coatings. Should any chemical be required to b e imported to DEFENSE TECHNOLOGY, SELLER shall do the following: (i) as amended.provide a written request at least 30 days prior to shipment for authorization to import the chemical from DEFENSE TECHNOLOGY; (ii) SELLER shall verify that the chemical, or each chemical substance within a mixture, is listed on the TSCA Inventory, maintained by the United States Environmental Protection Agency, §8
(d) SELLER shall provide to LOCKHEED ▇▇▇▇▇▇ DEFENSE TECHNOLOGY with each delivery any Material Safety Data Sheet (29 C.F.R. 1910.1200) applicable to the Work in conformance with and containing such information as required by the Occupational Safety and Health Act of 1970 and an d regulations promulgated there underthereunder, or its state approved counterpart.
Appears in 1 contract
Applicable Laws. (a) This Contract and any matter arising out of or related to this Contract shall be governed by the laws of the State from which this Contract is issued by LOCKHEED ▇▇▇▇▇▇of New York, without regard to its conflicts of laws provisions, except that any provision in this Contract that is (i) incorporated in full text or by reference from the Federal Acquisition Regulations Regulation (FAR); or (ii) incorporated in full text or by reference from any agency regulation that implements or supplements the FAR or; (iii) that is substantially based on any such agency regulation or FAR provision, shall be construed and interpreted according to the federal common law of government contracts as enunciated and applied by federal judicial bodies, boards of contracts appeals, and quasi‐judicial quasi- judicial agencies of the federal Government.
(1b) SELLER, in the performance of this Contract, agrees to shall comply with all applicable local, state, and federal laws, orders, rules, regulations, and ordinances. Upon request by LOCKHEED ▇▇▇▇▇▇, SELLER shall provide evidence of compliance with applicable local, state, and federal laws, orders, rules, regulations, and ordinances (including the place of production or performance of the Work or any part thereof). SELLER shall procure all licenses/permits, permits and pay all fees, fees and other required charges charges, and shall comply with all applicable guidelines and directives of any local, state state, and/or federal governmental authority. SELLER, at its expense, shall provide reasonable cooperation to LOCKHEED ▇▇▇▇▇▇ in conducting any investigation regarding the nature and scope of any failure by SELLER or its personnel to comply with applicable local, state, and federal laws, orders, rules, regulations, and ordinances that may affect the performance of SELLER's obligations under this Contract.
(21) If: If (i) LOCKHEED ▇▇▇▇▇▇'▇ contract price or fee is reduced; (ii) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (iii) any fines, penalties, withholdings, penalties or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (iv) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; as a result of any violation of applicable laws, orders, rules, regulations, or ordinances by SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (43) below.
(32) Where submission of cost or pricing data is required or requested at any time prior to or during performance of this Contract, if SELLER or its lower‐tier lower-tier subcontractors: (i) submit and/or certify cost or pricing data that are defective; (ii) with notice of applicable cutoff dates and upon LOCKHEED ▇▇▇▇▇▇'▇ request to provide cost or pricing data, submit cost or pricing data, whether certified or not certified at the time of submission, as a prospective subcontractor, and any such data are defective as of the applicable cutoff date on LOCKHEED ▇▇▇▇▇▇'▇ Certificate of Current Cost or Pricing Data; (iii) claim an exception to a requirement to submit cost or pricing data and such exception is invalid; (iv) furnish data of any description that is inaccurate; or, if (v) the U.S. Government alleges any of the foregoing; and, as a result, (A) LOCKHEED ▇▇▇▇▇▇'▇ contract price or fee is reduced; (B) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (C) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (D) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (43) below.
(43) Upon the occurrence of any of the circumstances, other than withholdings, identified in paragraphs (21) and (32) above, LOCKHEED ▇▇▇▇▇▇ may make a reduction of corresponding amounts (in whole or in part) in the price of this Contract or any other contract with SELLER, and/or may demand payment (in whole or in part) of the corresponding amounts. SELLER shall promptly pay amounts so demanded. In the case of withholding(s), LOCKHEED ▇▇▇▇▇▇ may withhold the same amount from SELLER under this contractContract.
(cd) SELLER represents that each chemical substance constituting or contained in Work sold or otherwise transferred to LOCKHEED ▇▇▇▇▇▇ hereunder is is, as applicable, on the list of chemical substances compiled and published by the Administrator of the Environmental Protection Administration pursuant to the Toxic Substances Control Act (TSCA) Chemical Substances inventory compiled by the United States the Environmental Protection Agency pursuant to TSCA (15 U.S.C. Sec. 2601 et seq.2607(b)) as amended.
amended and implemented in 40 CFR Part 710; and is designated as "active" pursuant to the TSCA Inventory Notification Rule (d) codified by amendments to 40 CFR Part 710 effective August 11, 2017). SELLER shall provide make available to LOCKHEED ▇▇▇▇▇▇ with each delivery any Material all Safety Data Sheet applicable Sheets for any material provided to LOCKHEED ▇▇▇▇▇▇, or brought or delivered to LOCKHEED ▇▇▇▇▇▇ or its customer's premises in the Work in conformance with and containing such information performance of this Contract, as required by applicable law such as the Occupational Safety and Health Act of 1970 and regulations promulgated there underthereunder.
(e) Work delivered by SELLER under this Contract may be incorporated into deliverable goods for use (i) in the European Economic Area (EEA) and subject to the European Union Regulation (EC) No 1907/2006 concerning the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH); the Classification, Labeling and Packaging Regulation (EC) No. 1272/2008 (CLP); and the Biocidal Products Regulation (EU) 528/2012) (BPR); and/or (ii) in countries with laws or regulations containing provisions substantially equivalent to REACH and comparable implementing regulations and laws of multi-lateral conventions (such as the Stockholm (Persistent Organic Pollutants) and Minamata (Mercury) Conventions).
(1) SELLER represents and warrants that the Work and any substances contained therein are not prohibited or restricted by, and are supplied in compliance with all applicable chemical substance laws and/or regulations including but not limited to REACH, CLP, and BPR, and that no current requirement in any applicable chemical substance law and/or regulation prevents the sale or transport of SELLER’s Work or substances in SELLER’s Work in the EEA or other applicable countries, and that all such Work and substances have been pre-registered, registered, reported, approved, and/or authorized as and to the extent required by all applicable chemical substance laws and/or regulations including but not limited to REACH, CLP, and BPR.
(2) SELLER shall timely respond to any request from LOCKHEED ▇▇▇▇▇▇ with all relevant information on the Work so that the intents of all applicable chemical substance laws and/or regulations including but not limited to REACH, CLP, and BPR are met for communicating with downstream users (e.g., as defined in article 3(13) of REACH [any person established in the EEA using substances in the course of that person's industrial or professional activities; the definition does not include the manufacturer, importer, distributor, or consumer]), and in any case, SELLER shall provide all information necessary for LOCKHEED ▇▇▇▇▇▇ and/or any downstream user to timely and accurately fulfill their obligations under all applicable chemical substance laws and/or regulations including but not limited to REACH, CLP, and BPR.
(3) SELLER shall bear all costs, charges and expenses related to pre-registration, registration, evaluation, authorization, reporting, and approval under all applicable chemical substance laws and/or regulations including but not limited to REACH, CLP, and BPR.
(f) SELLER also represents that it will identify for every component or part of the Work, the chemical(s) present and any Chemical Abstract Services (CAS) Registry Number(s), or similar identifying classification such as generic name and accession number to ensure compliance with TSCA or other applicable chemical substance regulation. This information shall be provided by SELLER for itself and all sub-tier suppliers to LOCKHEED ▇▇▇▇▇▇ upon request.
(g) SELLER shall be responsible for compliance with all requirements and obligations relating to its state approved counterpartemployees under all local, state, and federal statutes, ordinances, rules and obligations including, but not limited to, employer's obligations under laws relating to: income tax withholding and reporting; civil rights; equal employment opportunity; discrimination on the basis of age, sex, race, color, religion, disability, national origin, or veteran status; overtime; minimum wage; social security contribution and withholding; unemployment insurance; employer's liability insurance; worker's compensation; veteran's rights; and all other employment, labor or benefits related laws.
(h) SELLER shall notify LOCKHEED ▇▇▇▇▇▇ promptly in writing if a charge of noncompliance with any law addressing occupational health and safety or protection of the environment has been filed against SELLER in connection with the performance of this Contract.
(i) Equal Opportunity for Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) Protected Veterans.
(1) The clause at 41 CFR 60-300.5
(a) is incorporated herein by reference. The clause applies if this Contract is valued at or above the threshold specified in FAR 22.1303(a) on the date of subcontract award, unless exempted by the rules, regulations, or orders of the Secretary issued pursuant to VEVRAA. As used in the clause, “contractor” means “SELLER.” This clause applies in addition to FAR 52.222-35 if included in this Contract. (2) LOCKHEED ▇▇▇▇▇▇ and SELLER shall abide by the requirements of 41 CFR 60-300.5(a). This regulation prohibits discrimination against qualified protected veterans, and requires affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified protected veterans.
Appears in 1 contract
Sources: General Provisions for Subcontracts/Purchase Orders
Applicable Laws. (a) This Contract and any matter arising out of or related to this Contract shall be governed and construed in accordance with by the laws of the State from which this Contract is issued by LOCKHEED Lockheed ▇▇▇▇▇▇, without regard to its conflicts of laws provisions, except that any provision in this Contract that is is: (i) incorporated in full text or by reference from the Federal Acquisition Regulations Regulation (FAR); or ) or: (ii) incorporated in full text or by reference from any agency regulation that implements or supplements the FAR or; (iii) that is substantially based on any such agency regulation or FAR provision, shall be construed and interpreted according to the federal common law of government contracts as enunciated and applied by federal judicial bodies, boards of contracts appeals, and quasi‐judicial quasi-judicial agencies of the federal Government. The provisions of the "United Nations Convention on Contracts for International Sale of Goods" shall not apply to this Contract.
(1) SELLER, in the performance of this Contract, agrees to comply with all applicable local, state, and federal laws, orders, representations rules, regulations, and ordinancesordinances of the United States and the country where SELLER will be performing the Contract. SELLER shall procure all licenses/permits, and pay all fees, and other required charges charges, and shall comply with of all applicable guidelines and directives of any local, state state, and/or federal governmental authority.
(2) If: (i) LOCKHEED ▇▇▇▇▇▇'▇ contract price or fee is reduced; (ii) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (iii) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (iv) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; as a result of any violation of applicable laws, orders, rules, regulations, or ordinances by SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (4) below.
(3) Where submission of cost or pricing data is required or requested at any time prior to or during performance of this Contract, if SELLER or its lower‐tier lower-tier subcontractors: (i) submit and/or certify cost or pricing data that are defective; (ii) with notice of applicable cutoff dates and upon LOCKHEED ▇▇▇▇▇▇'▇ request to provide cost or pricing data, submit cost or pricing data, whether certified or not certified at the time of submission, as a prospective subcontractor, and any such data are defective as of the applicable cutoff date on LOCKHEED ▇▇▇▇▇▇'▇ Certificate of Current Cost or Pricing Data; (iii) claim an exception to a requirement to submit cost or pricing data and such exception is invalid; (iv) furnish data of any description that is inaccurate; or, if (v) the U.S. UNITED STATES Government alleges any of the foregoing; and, as a result, ,
(A) LOCKHEED ▇▇▇▇▇▇'▇ contract price or fee is reduced; (B) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (C) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (D) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (4) below.
(4) Upon the occurrence of any of the circumstances, other than withholdings, identified in paragraphs (2) and (3) above, LOCKHEED ▇▇▇▇▇▇ may make a reduction of corresponding amounts (in whole or in part) in the price of this Contract or any other contract with SELLER, and/or may demand payment (in whole or in part) of the corresponding amounts. SELLER shall promptly pay amounts so demanded. In the case of withholding(s), LOCKHEED ▇▇▇▇▇▇ may withhold the same amount from SELLER under this contractContract.
(c1) Seller shall comply with applicable laws and regulations relating to anti-corruption, including, without limitation, (i) the United States Foreign Corrupt Practices Act (FCPA) (15 U.S.C. §§78dd-1, et. seq.) irrespective of the place of performance, and (ii)laws and regulations implementing the Organization for Economic Cooperation and Development’s Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, the U.N. Convention Against Corruption, and the Inter-American Convention Against Corruption in SELLER’s country or any country where performance of this Contract will occur.
(2) In carrying out its responsibilities under this Contract –
(i) SELLER represents that it has not paid, offered, promised to pay or authorized and will not pay, offer, promise to pay, or authorize the payment directly or indirectly of any monies or anything of value to (i) any person or firm employed by or acting for on behalf of any customer, whether private or governmental, or (ii) any government official or employee or any political party or candidate for political office for the purpose of influencing any act or decision or inducing or rewarding any action by the customer in any commercial transaction or in any governmental matter or securing any improper advantage to assist LOCKHEED ▇▇▇▇▇▇ or SELLER in obtaining or retaining business or directing business to any person.
(ii) No owner, partner, officer, director or employee of SELLER or of any parent or subsidiary company of SELLER is or will become an official or employee of the government or of an agency or instrumentality of a government or a candidate for political office or a political party official during the term of this Contract, unless such person obtains the prior written approval of LOCKHEED ▇▇▇▇▇▇.
(iii) SELLER has not made and will not make, either directly or indirectly, any improper payments.
(iv) SELLER has not made and will not make any facilitating payment (as that term is defined in the FCPA) without the prior written approval of LOCKHEED ▇▇▇▇▇▇.
(d) If the Work is to be shipped to, or performed in the United States:
(1) SELLER represents that each chemical substance constituting or contained in Work sold or otherwise transferred to LOCKHEED ▇▇▇▇▇▇ hereunder is on the list of chemical substances compiled and published by the Administrator of the Environmental Protection Administration pursuant to the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.) as amended.
(d2) SELLER shall provide to LOCKHEED ▇▇▇▇▇▇ with each delivery any Material Safety Data Sheet applicable to the Work in conformance with and containing such information as required by the Occupational Safety and Health Act of 1970 and regulations promulgated there underthereunder, or its state State approved counterpart.
Appears in 1 contract
Applicable Laws. (a) This Contract and any matter arising out of or related to this Contract shall be governed and construed in accordance with by the laws of the State from which this Contract is issued by LOCKHEED Lockheed ▇▇▇▇▇▇, without regard to its conflicts of laws provisions, except that any provision in this Contract that is is: (i) incorporated in full text or by reference from the Federal Acquisition Regulations Regulation (FAR); or ) or: (ii) incorporated in full text or by reference from any agency regulation that implements or supplements the FAR or; (iii) that is substantially based on any such agency regulation or FAR provision, shall be construed and interpreted according to the federal common law of government contracts as enunciated and applied by federal judicial bodies, boards of contracts appeals, and quasi‐judicial quasi-judicial agencies of the federal Government.
(1) SELLER, in the performance of this Contract, agrees to comply with all applicable local, state, and federal laws, orders, representations rules, regulations, and ordinancesordinances of the United States and the country where SELLER will be performing the Contract. SELLER shall procure all licenses/permits, and pay all fees, and other required charges charges, and shall comply with of all applicable guidelines and directives of any local, state state, and/or federal governmental authority. The provisions of the "United Nations Convention on Contracts for International Sale of Goods" shall not apply to this Contract.
(2) If: (i) LOCKHEED ▇▇▇▇▇▇'▇ contract price or fee is reduced; (ii) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (iii) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (iv) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; as a result of any violation of applicable laws, orders, rules, regulations, or ordinances by SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (4) below.
(3) Where submission of cost or pricing data is required or requested at any time prior to or during performance of this Contract, if SELLER or its lower‐tier lower- tier subcontractors: (i) submit and/or certify cost or pricing data that are defective; (ii) with notice of applicable cutoff dates and upon LOCKHEED ▇▇▇▇▇▇'▇ request to provide cost or pricing data, submit cost or pricing data, whether certified or not certified at the time of submission, as a prospective subcontractor, and any such data are defective as of the applicable cutoff date on LOCKHEED ▇▇▇▇▇▇'▇ Certificate of Current Cost or Pricing Data; (iii) claim an exception to a requirement to submit cost or pricing data and such exception is invalid; (iv) furnish data of any description that is inaccurate; or, if (v) the U.S. UNITED STATES Government alleges any of the foregoing; and, as a result, (A) LOCKHEED ▇▇▇▇▇▇'▇ contract price or fee is reduced; (B) LOCKHEED ▇▇▇▇▇▇'▇ costs are determined to be unallowable; (C) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (D) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (4) below.
(4) Upon the occurrence of any of the circumstances, other than withholdings, identified in paragraphs (2) and (3) above, LOCKHEED ▇▇▇▇▇▇ may make a reduction of corresponding amounts (in whole or in part) in the price of this Contract or any other contract with SELLER, and/or may demand payment (in whole or in part) of the corresponding amounts. SELLER shall promptly pay amounts so demanded. In the case of withholding(s), LOCKHEED ▇▇▇▇▇▇ may withhold the same amount from SELLER under this contractContract.
(c) If the Work is to be shipped to, or performed in the United States:
(1) SELLER represents that each chemical substance constituting or contained in Work sold or otherwise transferred to LOCKHEED ▇▇▇▇▇▇ hereunder is on the list of chemical substances compiled and published by the Administrator of the Environmental Protection Administration pursuant to the Toxic Substances Control Act (15 U.S.C. Sec. 2601 et seq.) as amended.
(d2) SELLER shall provide to LOCKHEED ▇▇▇▇▇▇ with each delivery any Material Safety Data Sheet applicable to the Work in conformance with and containing such information as required by the Occupational Safety and Health Act of 1970 and regulations promulgated there underthereunder, or its state State approved counterpart.
Appears in 1 contract
Sources: General Provisions and Far Flowdown Provisions for International Subcontracts/Purchase Orders
Applicable Laws. (a) This Contract and any matter arising out of or related to this Contract shall be governed by the laws of the State from which this Contract is issued by LOCKHEED ▇▇▇▇▇▇of New York, without regard to its conflicts of laws provisions, except that any provision in this Contract that is (i) incorporated in full text or by reference from the Federal Acquisition Regulations Regulation (FAR); or (ii) incorporated in full text or by reference from any agency regulation that implements or supplements the FAR or; (iii) that is substantially based on any such agency regulation or FAR provision, shall be construed and interpreted according to the federal common law of government contracts as enunciated and applied by federal judicial bodies, boards of contracts appeals, and quasi‐judicial quasi- judicial agencies of the federal Government.
(1b) SELLER, in the performance of this Contract, agrees to shall comply with all applicable local, state, and federal laws, orders, rules, regulations, and ordinances. Upon request by LOCKHEED ▇▇▇▇▇▇, SELLER shall provide evidence of compliance with applicable local, state, and federal laws, orders, rules, regulations, and ordinances (including the place of production or performance of the Work or any part thereof). SELLER shall procure all licenses/permits, permits and pay all fees, fees and other required charges charges, and shall comply with all applicable guidelines and directives of any local, state state, and/or federal governmental authority.
(2) If: (i) . SELLER, at its expense, shall provide reasonable cooperation to LOCKHEED ▇▇▇▇▇▇'▇ in conducting any investigation regarding the nature and scope of any failure by SELLER or its personnel to comply with applicable local, state, and federal laws, orders, rules, regulations, and ordinances that may affect the performance of SELLER's obligations under this Contract.
(1) If (i) LOCKHEED MARTIN's contract price or fee is reduced; (ii) LOCKHEED ▇▇▇▇▇▇'▇ MARTIN's costs are determined to be unallowable; (iii) any fines, penalties, withholdings, penalties or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (iv) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; as a result of any violation of applicable laws, orders, rules, regulations, or ordinances by SELLER, its officers, employees, agents, suppliers, or subcontractors at any tier, LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (43) below.
(32) Where submission of cost or pricing data is required or requested at any time prior to or during performance of this Contract, if SELLER or its lower‐tier lower-tier subcontractors: (i) submit and/or certify cost or pricing data that are defective; (ii) with notice of applicable cutoff dates and upon LOCKHEED ▇▇▇▇▇▇'▇ request to provide cost or pricing data, submit cost or pricing data, whether certified or not certified at the time of submission, as a prospective subcontractor, and any such data are defective as of the applicable cutoff date on LOCKHEED ▇▇▇▇▇▇'▇ MARTIN's Certificate of Current Cost or Pricing Data; (iii) claim an exception to a requirement to submit cost or pricing data and such exception is invalid; (iv) furnish data of any description that is inaccurate; or, if (v) the U.S. Government alleges any of the foregoing; and, as a result, (A) LOCKHEED ▇▇▇▇▇▇'▇ contract price or fee is reduced; (B) LOCKHEED ▇▇▇▇▇▇'▇ MARTIN's costs are determined to be unallowable; (C) any fines, penalties, withholdings, or interest are assessed on LOCKHEED ▇▇▇▇▇▇; or (D) LOCKHEED ▇▇▇▇▇▇ incurs any other costs or damages; LOCKHEED ▇▇▇▇▇▇ may proceed as provided for in (43) below.
(43) Upon the occurrence of any of the circumstances, other than withholdings, identified in paragraphs (21) and (32) above, LOCKHEED ▇▇▇▇▇▇ may make a reduction of corresponding amounts (in whole or in part) in the price of this Contract or any other contract with SELLER, and/or may demand payment (in whole or in part) of the corresponding amounts. SELLER shall promptly pay amounts so demanded. In the case of withholding(s), LOCKHEED ▇▇▇▇▇▇ may withhold the same amount from SELLER under this contractContract.
(cd) SELLER represents that each chemical substance constituting or contained in Work sold or otherwise transferred to LOCKHEED ▇▇▇▇▇▇ hereunder is is, as applicable, on the list of chemical substances compiled and published by the Administrator of the Environmental Protection Administration pursuant to the Toxic Substances Control Act (TSCA) Chemical Substances inventory compiled by the United States the Environmental Protection Agency pursuant to TSCA (15 U.S.C. Sec. 2601 et seq.2607(b)) as amended.
amended and implemented in 40 CFR Part 710; and is designated as "active" pursuant to the TSCA Inventory Notification Rule (d) codified by amendments to 40 CFR Part 710 effective August 11, 2017). SELLER shall provide make available to LOCKHEED ▇▇▇▇▇▇ with each delivery any Material all Safety Data Sheet applicable Sheets for any material provided to LOCKHEED ▇▇▇▇▇▇, or brought or delivered to LOCKHEED ▇▇▇▇▇▇ or its customer's premises in the Work in conformance with and containing such information performance of this Contract, as required by applicable law such as the Occupational Safety and Health Act of 1970 and regulations promulgated there underthereunder.
(e) Work delivered by SELLER under this Contract may be incorporated into deliverable goods for use (i) in the European Economic Area (EEA) and subject to the European Union Regulation (EC) No 1907/2006 concerning the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH); the Classification, Labeling and Packaging Regulation (EC) No. 1272/2008 (CLP); and the Biocidal Products Regulation (EU) 528/2012) (BPR); and/or (ii) in countries with laws or regulations containing provisions substantially equivalent to REACH and comparable implementing regulations and laws of multi-lateral conventions (such as the Stockholm (Persistent Organic Pollutants) and Minamata (Mercury) Conventions).
(1) SELLER represents and warrants that the Work and any substances contained therein are not prohibited or restricted by, and are supplied in compliance with all applicable chemical substance laws and/or regulations including but not limited to REACH, CLP, and BPR, and that no current requirement in any applicable chemical substance law and/or regulation prevents the sale or transport of SELLER’s Work or substances in SELLER’s Work in the EEA or other applicable countries, and that all such Work and substances have been pre-registered, registered, reported, approved, and/or authorized as and to the extent required by all applicable chemical substance laws and/or regulations including but not limited to REACH, CLP, and BPR.
(2) SELLER shall timely respond to any request from LOCKHEED ▇▇▇▇▇▇ with all relevant information on the Work so that the intents of all applicable chemical substance laws and/or regulations including but not limited to REACH, CLP, and BPR are met for communicating with downstream users (e.g., as defined in article 3(13) of REACH [any person established in the EEA using substances in the course of that person's industrial or professional activities; the definition does not include the manufacturer, importer, distributor, or consumer]), and in any case, SELLER shall provide all information necessary for LOCKHEED ▇▇▇▇▇▇ and/or any downstream user to timely and accurately fulfill their obligations under all applicable chemical substance laws and/or regulations including but not limited to REACH, CLP, and BPR.
(3) SELLER shall bear all costs, charges and expenses related to pre-registration, registration, evaluation, authorization, reporting, and approval under all applicable chemical substance laws and/or regulations including but not limited to REACH, CLP, and BPR.
(f) SELLER also represents that it will identify for every component or part of the Work, the chemical(s) present and any Chemical Abstract Services (CAS) Registry Number(s), or similar identifying classification such as generic name and accession number to ensure compliance with TSCA or other applicable chemical substance regulation. This information shall be provided by SELLER for itself and all sub-tier suppliers to LOCKHEED ▇▇▇▇▇▇ upon request.
(g) SELLER shall be responsible for compliance with all requirements and obligations relating to its state approved counterpartemployees under all local, state, and federal statutes, ordinances, rules and obligations including, but not limited to, employer's obligations under laws relating to: income tax withholding and reporting; civil rights; equal employment opportunity; discrimination on the basis of age, sex, race, color, religion, disability, national origin, or veteran status; overtime; minimum wage; social security contribution and withholding; unemployment insurance; employer's liability insurance; worker's compensation; veteran's rights; and all other employment, labor or benefits related laws.
(h) SELLER shall notify LOCKHEED ▇▇▇▇▇▇ promptly in writing if a charge of noncompliance with any law addressing occupational health and safety or protection of the environment has been filed against SELLER in connection with the performance of this Contract.
(i) Equal Opportunity for Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) Protected Veterans.
(1) The clause at 41 CFR 60-300.5
(a) is incorporated herein by reference. The clause applies if this Contract is valued at or above the threshold specified in FAR 22.1303(a) on the date of subcontract award, unless exempted by the rules, regulations, or orders of the Secretary issued pursuant to VEVRAA. As used in the clause, “contractor” means “SELLER.” This clause applies in addition to FAR 52.222-35 if included in this Contract. (2) LOCKHEED ▇▇▇▇▇▇ and SELLER shall abide by the requirements of 41 CFR 60-300.5(a). This regulation prohibits discrimination against qualified protected veterans, and requires affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified protected veterans.
Appears in 1 contract
Sources: General Provisions for Subcontracts/Purchase Orders