Common use of Procurement Regulations Clause in Contracts

Procurement Regulations. InFocus is a commercial corporation that is also a contractor and subcontractor for the U.S. government. All of the Products to be purchased from Supplier by InFocus pursuant to a subcontract/purchase order in the United States, its territories, possessions, the District of Columbia and Commonwealth of Puerto Rico are deemed to be “Commercial Items” as defined in Federal Acquisition Regulation (“FAR”) 2. 10 1, Part 12 and 52.202.1 (c). The clauses identified in FAR 52.244-6 are hereby deemed incorporated into this Agreement with respect to all Commercial Items. In addition, in accordance with determinations made as a result of U.S. government audits of InFocus, Supplier hereby agrees to comply with, and to flow down to each of its subcontractors and components suppliers, FAR 52.219-9, Small Business Subcontracting Plan. Furthermore, pursuant to FAR 52.212-5(e) and/or FAR 44.402(b), Supplier agrees to comply with, and to flow down to each of its applicable subcontractors and components suppliers, the following FAR clauses, which are hereby incorporated by reference into this Agreement, with the same force and effect as if they were presented in full: FAR 52.222-26, Equal Opportunity (February 1999) FAR 52.219-8, Utilization of Small Business Concerns (October 2000) APPICABLE IF THE SUBCONTRACTOR/PRUCHASE ORDER EXCEEDS $2,500: FAR 52.222-41, Service Contract Act of 1965, as Amended (May 1989) if the purchase order is principally for the furnishing of services through the use of service employees. APPICABLE IF THE SUBCONTRACT/PURCHASE ORDER IS FOR $10,000 OR MORE: FAR 52.222-35, Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era (April 1998) FAR 52.222-36, Affirmative Action for Workers with Disabilities (June 1998)