Mandatory Flowdown Clauses
Applicable to Subcontracts
Subcontracts Clauses, as Applicable
This Order incorporates by reference the following clauses of the Defense Acquisition Regulation ("DAR"), as in effect on the specified dates, subject to the additions and modifications set forth herein. As used herein,
i) "Contractor" means Seller;
ii) "Subcontractor" means a subcontractor of Seller;
iii) "Contract" means this Order; and
iv) "Contracting Officer" means the contracting officer designated by the Government under its Time Charter of the vessel for which the supplies are intended.
| DAR Citation | DAR Clause | Date | |
| 7-1902.4 | 1. Inspection of Services (except that "Government" shall mean "Government, Buyer, or Interested Party") | Nov. 1971 | |
| 7-103.16 | 2. Contract Work Hours and Safety Standards Act Overtime Compensation (Seller shall reimburse Buyer for any amounts for which Buyer is found liable, directly or by way of reimbursement, on account of violations of this clause by Seller or its subcontractors.) | Nov. 1971 | |
| 7-103.18(a) | 3. Equal Opportunity | Sept. 1978 | |
| 7-103.22 | 4. Authorization and Consent | Mar. 1964 | |
| 7-103.23 | 5. Notice and Assistance Regarding Patent and Copyright Infringement | Jan. 1965 | |
| 7-103.26 | 6. Pricing of Adjustments (except that the "Date of this Contract" shall be August 17, 1982) | Jul. 1970 | |
| 7-103.27 | 7. Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era* | Jul. 1976 | |
| 7-103.28 | 8. Affirmative Action for Handicapped Workers* | May 1976 | |
| 7-103.29 | 9. Clean Air and Water* | Oct. 1975 | |
| 7-104.4 | 10. Notice to Government of Labor Disputes (except that "Contracting Officer" shall mean "Buyer") | Sep. 1958 | |
| 7-104.8(a) | 11. Reporting of Royalties (foreign)* | Oct. 1966 | |
| 7-104.15 | 12. Examination of Records by Comptroller General* | Jun. 1975 | |
| 7-104.20(a) | 13. Utilization of Labor Surplus Area Concerns | May 1981 | |
| 7-104.20(b) | 14. Labor Surplus Area Subcontracting Plan* | Jun. 1978 | |
| 7-104.41 | 15. Audit, Department of Defense* | Aug. 1978 | |
| 7-104.42(b) | 16. Subcontracting Cost or Pricing Data—Pricing Adjustments (as amended by P.L. 97-86, change $100,000 to $500,000) (Seller shall provide Buyer the cost or pricing data and certification prescribed by this clause as if Seller were a subcontractor and Buyer were the Contractor.)* | Jan. 1970 | |
| 7-103.15 | 17. Certain Communist Areas | Feb. 1980 | |
| 7-104.83(a)(1) | 18. Cost Accounting Standards. Seller shall communicate and otherwise deal directly with the Contracting Officer to the extent practicable and permissible concerning all matters relating to this clause, except as otherwise directed by Buyer. In addition to any other remedies by law or under this Order, if Buyer is subjected to any liability or adjustment as a result of a failure of Seller or its subcontractors to comply with the requirements of this clause (or with respect to such subcontractors, the Cost Accounting Standards clause in such subcontracts), then Seller shall defend, indemnify, and hold Buyer harmless to the full extent of any Buyer liability or adjustment resulting directly or indirectly from such failure.)* | May 1978 | |
| 7-104.83(a)(2) | 19. Disclosure and Consistency of Cost Accounting Standards. Seller shall communicate and otherwise deal directly with the Contracting Officer to the extent practicable and permissible concerning all matters relating to this clause, except as otherwise directed by Buyer. In addition to any other remedies by law or under this Order, if Buyer is subjected to any liability as a result of a failure of Seller or its subcontractors to comply with the requirements of this clause (or with respect to such subcontractors, the Disclosure and Consistency of Cost Accounting Standards clause in such subcontracts), then Seller shall defend, indemnify, and hold Buyer harmless to the full extent of any Buyer liability resulting directly or indirectly from such failure.* | May 1978 | |
| 7-104.83(b) | 20. Administration of Cost Accounting Practices. Seller shall communicate and otherwise deal directly with the Contracting Officer to the extent practicable and permissible concerning all matters relating to this clause, except as otherwise directed by Buyer. | May 1978 | |
| 7-104.95 | 21. Preference for United States Flag Air Carriers | Nov. 1975 | |
| 7-104.98 | 22. Hazardous Material Identification and Material Safety Data (except that "Government" shall mean "Government or Buyer") | Oct. 1977 | |
| 7-104.19 | 23. Employment of Ocean-Going Vessels (except that "Contracting Officer" shall mean "Buyer"). | Mar. 1979 | |
* The following clause shall not be applicable unless the price of the Order equals or exceeds the indicated dollar amount:
| Clause No. | Amount |
| 8 | $ 2,500 |
| 6, 12, 15 | $ 10,000 |
| 11 | $ 50,000 |
| 9, 18, 19 | $100,000 |
| 14, 16 | $500,000 |
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