Common use of GOVERNMENT CONTRACTS (Applicable for Products supplied to the Government Clause in Contracts

GOVERNMENT CONTRACTS (Applicable for Products supplied to the Government. Time is of the essence. All product must be delivered by or before the date stated in the order. Supplier is liable for any damages incurred if the delivery date is not met. Supplier certifies that it is not debarred, suspended or otherwise ineligible to receive contracts or orders from a federal agency. Supplier agrees to provide written notice if its eligibility status changes at any time during the period of this Agreement Compliance with GSA Schedule contract obligations mandates that Snap-on deliver products manufactured in the United States or transformed in a Trade Agreements Act designated country (xxxx://xxx.xxxxxxxxxxxxxxxx.xxx/resources/taa-designated-countries/). To the extent Supplier provides Snap-on an end product that is offered for sale to the U.S. Government, Snap-on will provide Supplier with a list of that item(s) and Supplier hereby agrees to provide only products compliant with this obligation (See FAR 52.225-5). For each end product supplied for sale to the U.S. Government, Supplier certifies the product supplied is manufactured in the United States or, alternatively, the product and country of manufacture (origin) is identified in the TAA listing of compliant countries. During the period of this Agreement, Supplier agrees to notify Snap-on of any change in country of origin status. Not all Suppliers will need to meet this requirement; it only applies to those that provide product(s) to Snap-on that are offered for sale to the U.S. Government. In the event that any Products are purchased by Snap-on, or by Snap-on on behalf of or for resale to a division, subsidiary or affiliate, to fulfill a government contract or contracts, Supplier will comply with all provisions, agreements and clauses of the applicable government contract required to be flowed down to subcontractors or suppliers, as well as, applicable State and Federal Acquisition Regulations, Presidential Directives and Executive Orders. The pertinent provisions, agreements and clauses contained in any applicable contract between Snap-on, or its parent company Snap-on Incorporated, divisions, subsidiaries or affiliates and the Government entity are hereby incorporated by reference. With respect to any such clause, provision, etc., the term ‘government’ or ‘contracting officer’ shall refer to Supplier. A copy of said contract or the part thereof that Snap-on deems applicable to such Supplier will be given upon request. All clauses will be treated as Confidential Information. The Supplier will comply with the following provisions of the Code of Federal Regulations: Supplier and Supplier’s subcontractor will abide by the requirements of 41 CFR SS 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, national origin, protected veteran status or disability. Supplier will also comply with the following additional provisions of the Code of Federal Regulations: 48 C.F.R. 52.219-8, Utilization of Small Business Concerns; 48 C.F.R. 52.219-9, Small Business Subcontracting Plan; 48 C.F.R. 52.222-26 Equal Opportunity Under Executive Order 11246; 48 C.F.R. 52.222-35, 41 C.F.R. 60-250.5(a), Equal Opportunity and Affirmative Action for Covered Veterans; 48 C.F.R. 52.222-36, Affirmative Action for Persons with Disabilities; and 29 C.F.R. Part 471, Appendix A to Subpart A, Notification of NLRA Rights. Supplier and its subcontractors will comply with FAR 52.222-50 and 52.222-56, the “Anti-Human Trafficking and Slavery”. SMALL BUSINESS UTILIZATION REQUIREMENTS (Applicable only when total sales exceed $650,000 in a year.) Compliance with applicable Federal requirements mandates that Federal Acquisition Regulation (FAR) clause 52.219-8, Utilization of Small Business Concerns, applies to any supplier agreement where a non-small business supplier provides more than $650,000 in products or services. This requirement will not apply to all suppliers. When applicable, Snap-on will contact Supplier and Supplier agrees to provide an annual Small Business Subcontracting Plan as required by FAR 52.219-9.