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5757 MARIEMONT AVENUE
Cincinnati, OH 45227
Phone:513-527-8634
Fax:513-527-8635 

TERMS AND CONDITIONS OF PURCHASING

Section A

Definitions

The following definitions apply unless otherwise specifically stated:

A-1 "Buyer" Cincinnati Gearing Systems or other legal entity issuing this contract.
A-2 "Purchasing Representative" — Buyer's authorized representative identified elsewhere in this contract.
A-3 "Seller" The legal entity that contracts with the Buyer.
A-4 "Government" — The Government of the United States.
A-5 "Prime Contract" — The Government contract under which this contract is issued.
A-6 "FAR"—The Federal Acquisition Regulations 48 CFR Ch.1.
A-7 "Contracting Officer' — The Government contracting officer(s) for the Prime Contract, or other authorized representative.

Section B

General Clauses

B-1 Materials will be received subject to Buyer's inspection. If found defective or not in conformity with Buyer's specification, either the defective or non-conforming materials or all materials, in Buyer's sole discretion and without prejudice to Buyer's other rights and remedies, will be returned to Seller at Seller's expense, with incoming and outgoing transportation cost charged to Seller's account. Payment for materials under this order prior to the conclusion of Buyer's inspection shall not constitute an acceptance of any such materials.
B-2 Any applicable cash discount will be calculated from date of receipt of invoice of material, whichever is later.
B-3 The contract created by Seller's acceptance of this order ("Contract") incorporates by reference the Prime Contract (if this is a Government Contract) and each of the provisions thereof, including the specifications, drawings, samples and other descriptions contained in the Prime Contract and applicable to the materials, services and work covered by this Contract. In the event of a conflict between the provisions of this Contract and the provisions of the Prime Contract, the provisions that are more protective of the interests of Buyer or more restrictive as to Seller shall prevail. Seller warrants and represents to Buyer that it has reviewed the relevant provisions of the Prime Contract.
B-4 THIS ORDER MAY ONLY BE ACCEPTED BY SELLER IN ACCORDANCE WITH ITS TERMS AND ALL ADDITIONAL OR DIFFERENT TERMS PROPOSED BY SELLER IN AN INVOICE, CONFIRMATION, ACKNOWLEDGEMENT OR OTHERWISE, IRRESPECTIVE OF WHETHER THEY MATERIALLY ALTER THIS CONTRACT, ARE HEREBY REJECTED BY BUYER. After acceptance of this order by Seller, no agreement or other understanding purporting in any way to modify the terms of this Contract will be binding upon the parties hereto unless made in writing and signed by authorized representatives of Buyer and Seller.
B-5 "Seller shall defend, protect and save harmless Buyer, its officers, directors and shareholders and its successors, assigns, customers and users of Buyer's products against all suits or other proceedings at law or in equity alleging infringement, and from all damages (including reasonable attorney fees), claims and demands for or with respect to actual or alleged infringement, of any United States or foreign patent, service mark, trade secret, copyright or other intellectual property right in connection with the use or sale of the materials ordered or the provision of the services ordered"
B-6 Seller represent and warrants that, in producing the material and/or performing the services covered by this order, it has complied fully with all applicable Federal, state and local laws and regulations, including (without limitations) the Fair Labor Standards Act of 1938, as amended.
B-7 Seller expressly warrants that all materials, services and work covered by this order will conform to the specifications, drawings, samples, or other descriptions furnished or specified by Buyer pursuant to this Contract and will be merchandisable, of good material and workmanship and free from defects. Seller expressly warrants that all materials covered by this Contract which are the product of the Seller or are in accordance with Seller's specifications will be fit and sufficient for the purpose intended.
B-8 No charges will be allowed for boxing, crating, or cartage unless specifically authorized in the Contract.
B-9 Materials furnished by Buyer to Seller on other than a charge basis in connection with this order shall be deemed to be billed to Seller and title thereto shall remain in Buyer. If and when requested by Buyer, Seller shall segregate Buyer-furnished materials from Seller-owned goods and clearly mark or otherwise clearly identify to Seller's creditors such materials as property of Buyer. Seller shall properly utilize, pay for or otherwise satisfactorily account for all Buyer-furnished materials.
B-10 Seller expressly warrant and represents to Buyer that Seller is adequately covered with Product Liability, Public Liability, workmen's compensation and Property Damage Insurance and that the insurance coverage’s satisfy all insurance-related requirements imposed on Buyer with respect to this Contract by the Prime Contract. Seller further agrees to utilize and to take such actions under or with respect to such insurance coverage’s to protect Buyer in connection with claims for damages, law suits, defective pricing claims, etc. that may arise in connection with this Contract or use of the materials and provisions of the services covered by this Contract.
B-11 Waiver of any provision of this Contract by Buyer shall not constitute waiver as to any of the other provisions and shall not affect the right of Buyer to exercise thereafter any right or remedy in the event of another default, whether similar or not.
B-12 Buyer and Seller shall be governed in their rights and duties under this Contract by the federal common law of government contracts as enunciated and applied by federal judicial bodies, board of appeals and quasi-judicial agencies of the federal government and, to the extent that the federal common law of government contracts is not applicable or dispositive, by the internal substantive laws of the State of Ohio. Buyer and Seller agree that any proceeding, action or suit relating to this Contract or to the breach of performance of this Contract or to the interpretation of this contract shall be brought exclusively in the federal and state courts having a situs in Hamilton County, Ohio and further submit to the jurisdiction of such courts in any such proceedings, action or suit and agree that they shall not object to the venue of such courts on forum non convenient or any other ground. The prevailing party in any such proceeding, action or suit shall be entitled to a reasonable attorney's fee. Pending resolution of any such proceeding, action or suit, the parties shall proceed diligently with performance. Sellers performance in such event shall be in accordance with Buyer's instructions.
B-13 Except as required by law or regulation, no news release, public announcement or advertising material concerned with this Contract shall be issued by Seller without prior written consent of Buyer, which consent shall not unreasonably be withheld.
B-14 Assignment
(a) Neither this Contract nor any interest herein may be assigned in whole or in part by either party without the prior written consent of the other party except that without securing such prior consent either party shall have the right to assign this Contract to any successor of such party by way of merger or consolidation or the acquisition of substantially all of the business and assets of the assigning party relating to the subject matter of this Contract. This right shall be retained provided that such successor shall expressly assume all of the obligations and liabilities of the assigning party under this Contract, and that the assigning party shall remain liable and responsible to the other party hereto for the performance and observance of all such obligations.

(b) Notwithstanding the foregoing, any amounts due to or become due hereunder may be assigned by Seller, provided that such assignment shall not be binding upon the Buyer, unless and until the assignment is received by Buyer.
B-15 If price is stated in this order, the materials or services shall not be billed at a higher price than the last paid without written permission from Buyer.

Section C

APPLICABLE CLAUSES

The following clauses are incorporated when this Contract is a Government order. The text of clauses identified in Section C by FAR clause number is subject to the following definitions and to the modifications indicated.

"Contractor" means Seller
"Subcontractor" means Seller's subcontractor
"Contracting Officer" means Buyer's Purchasing Representative

The FAR clauses incorporates herein are the clauses in effect on the date of this Contract unless otherwise indicated.

C-1 52.215-2 AUDIT NEGOTIATION. If the Government is unable or unwilling in a timely manner to conduct any audit of Seller's books and records, an audit may be conducted by a mutually accepted independent certified public accounting firm.
C-2 52.215.22 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA. If this Contract exceeds $500,000. the obligations which FAR clause 52.215-24 in the Prime contract requires of subcontractors are required of the Seller. In addition to any other remedies provided by law or under this Contract. If Buyer is subjected to any liability as the result of Seller's or its lower-tier subcontractor's failure to comply with the requirements of clause C-4, then Seller agrees to indemnify and hold Buyer harmless to the full extent of any loss, damage or expense (including lost profit) resulting from such failure.
C-3 52.215-23 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA-MODIFICATION (APR 1985). If this contract does not exceed $500,000. the obligations which FAR clause 52.215-25 in the Prime Contract requires of subcontractors are required of Seller. In addition to any other remedies provided by law or under this contract, if Buyer is subjected to any liability as the result of Seller's or its lower-tier subcontractors' failure to comply with the requirements of clause C-5, then Seller agrees to indemnify and hold Buyer harmless to the full extent of any loss, damage or expense (including lost profit) resulting from such failure.
C-4 52.215-24 SUBCONTRACTOR COST OR PRICING DATA (APR 1985). If this Contract exceeds $500,000. the certificate required by paragraph (b) is that set forth in FAR 15.804-4, substituting Buyer's name for "Contracting Officer".
C-5 52.215-25 SUBCONTRACTOR COST OR PRICING DATA-MODIFICATIONS (APR 1985). If this Contract does not exceed $500,000. the certificate required by paragraph (c) is that set forth in FAR 15.804-4, substituting Buyers name for "Contracting Officer".
C-6 52.216-7 ALLOWABLE COST AND PAYMENT. "Contracting Officer" means Buyer's Purchasing Representative except in paragraph (a), and "by Contracting Officer" is deleted from paragraph (a) and (g) and "Government" means Buyer except in paragraph (b) (1) where it means Government and in paragraph (b) (4) where it means Government or Buyer.

The following is added to paragraph (a):

"Concurrent with the submission to Buyer of said invoice (or voucher) and statement, copies thereof, in such number as may be required by the Government, shall be forwarded by Seller to its cognizant Government audit agency."

Paragraph (d) and (e) are replaced by the following:

"In lieu of actual indirect costs of performance of this Contract, Seller will be reimbursed on the basis of the final overhead rates negotiated between Seller and Government, unless otherwise provided in this Contract. Such overhead rates, basis of application and the period for which they shall apply shall be identical to those agreed upon by Seller and the Government in connection with the performance of Seller, at Seller's operating division where the work is performed, of cost-type contracts currently in force between Seller and the Government at such division. In the event that the Seller is provisionally reimbursed for the indirect costs under such cost-type contracts with the Government on the basis of provisional or billing overhead rates agreed upon for use pending the negotiation of final overhead rates, Seller will be provisionally reimbursed for indirect costs on the basis of such provisional or billing overhead rates."

In paragraph (g) insert "by the Government" after "audited." If the Government is unable or unwilling in a timely manner to conduct any audit of Seller's books and records, an audit may be conducted by a mutually acceptable independent certified public accounting firm.
C-7 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT — OVERTIME COMPENSATION - GENERAL, but only paragraphs (a) thru (d) of FAR 52.222-4. Buyer may withhold or recover from Seller such sums as the Contracting Officer withholds or recovers from Buyer because of liabilities of Seller or its subcontractors under this clause.
C-8 52.228-7 INSURANCE-LIABILITY TO THIRD PARTIES. Insert "to the extent Buyer is authorized and reimbursed by the Government," between "shall" and "be" in paragraph (c). Insert "and the Buyer's" after "Government's" and "or the Buyer" after "Congress" in paragraph (d). "Contracting Officer" means Contracting Officer and Buyer's Purchasing Representative in paragraph (g) (1). Insert "or Buyer" after "Government" in paragraph (g) (2) and (g) (3). Upon request of Buyer, Seller shall provide Buyer with reasonable evidence of the insurance required hereunder.
C-9 52.249-14 EXCUSABLE DELAYS. "Contracting Officer" means Buyer's Purchasing Representative and "Government" means Buyer except in example (2) in paragraph (a). Add "acts of Buyer" to the list of examples in paragraph (a).

Section D

ADDITIONAL CLAUSES

The following clauses are incorporated when this Contract is a Government order. The text of clauses identified in Section D by FAR clause number is subject to the following definitions and to the modifications indicated.

"Contractor" means Seller
"Subcontractor" means Seller's subcontractor(s).
"Contracting Officer" mans Buyer's Purchasing Representative

The FAR clauses incorporates herein are the clauses in effect on the date of this Contract unless otherwise indicated. These clauses are applicable where required by contract dollar amount and/or regulation. Far 52.203-3 Gratuities

Far 52.203-5 Covenant Against Contingent Fees
Far 52.203-6 Restrictions On Subcontractor Sales To The Government Far 52.203-7 Anti-Kickback Procedures
Far 52.203-11 Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions
Far 52.203-12 Limitation On Payments To Influence Certain Federal Transaction Far 52.204-2 Security Requirements
Far 52.208-1 Required Sources For Jewel Bearings And Related Items
Far 52.209-6 Protecting The Governments Interest When Subcontracting With Contractors Debarred, Suspended Or Proposed For Debarment
FAR 52.210-5 News material
FAR 52.212-8 defense priority allocation requirements
FAR 52.212-13 Stop Work Order
FAR 52.214-26 Audit - Sealed bidding
FAR 52.214-27 Price Reduction For Defective Cost Or Pricing Data Modifications Sealed Bidding
FAR 52.214-28 Subcontractor Cost Or Pricing Data - Modifications Sealed Bidding FAR 52.215-1 Examination Of Records By Comptroller General
FAR 52.215-2 Audit - Negotiation
FAR 52.215-22 Price Reduction For Defective Cost Or Pricing Data
FAR 52.215-24 Subcontractor Cost Or Pricing Data
FAR 52.215-25 Subcontractor Cost Or Pricing Data - Modifications
FAR 52.215-26 Integrity Of Unit Price
FAR 52.215-27 Termination Of Defined Benefit Pension Plans
FAR 52.215-39 Reversion Of Adjustment Of Plans For Postretirement Benefits Other Than Pensions (PRB)
FAR 52.216-5 Price Redetermination - Prospective
FAR 52.216-6 Price Redetermination - Retroactive
FAR 52.216-7 Allowable Cost And Payment
FAR 52.216-8 Fixed Fee
FAR 52.216-16 Incentive Price Revision - Firm Target
FAR 52.216-17 Incentive Price Revision - Successive Target
FAR 52.219-8 Utilization Of Small Business Concerns And Small Disadvantaged Business Concerns
FAR 52.219-9 Small Business And Small Disadvantaged Business Subcontracting Plan
FAR 52.220-3 Utilization Of Labor Surplus Area Concerns
FAR 52.220-4 Labor Surplus Area Subcontracting Program
FAR 52.222-1 Notice To The Government Of Labor Disputes
FAR 52.222-2 Payment For Overtime Premiums
FAR 52.222-4 Contact Work Hours And Safety Standards Act Overtime Compensation
FAR 52.222-6 Davis - Bacon Act
FAR 52.222-7 Withholding Of Funds
FAR 52.222-8 Payrolls And Basic Records
FAR 52.222-9 Apprentices And Trainees
FAR 52.222-10 Compliance With Copeland Act Requirements
FAR 52.222-11 Subcontracts (Labor Standards)
FAR 52.222-12 Contract Termination - Debarment
FAR 52.222-13 Compliance With David - Bacon And Related Act Regulations FAR 52.222-14 Disputes Concerning Labor Standards
FAR 52.222-15 Certification Of Eligibility
FAR 52.222-20 Walsh-Healey Public Contracts Act
FAR 52.222-21 Certification Of Non segregated Facilities
FAR 52.222-22 Previous Contracts And Compliance Reports
FAR 52.222-23 Notice Of Requirements For Affirmative Action To Ensure Equal Employment Opportunity
FAR 52.222-26 Equal Opportunity
FAR 52.222-27 Affirmative Action Compliance Requirements for Construction FAR 52.222-35 Affirmative Action for Special Disabled and Vietnam Era Veterans FAR 52.222-36 Affirmative Action for Handicapped Workers
FAR 52.222-37 Employment Reports on Special Disabled Veterans and Veterans of the Vietnam Era.
FAR 52.222-41 Service Contract Act of 1965, as Amended
FAR 52.223-1 Clean Air and Water Certification
FAR 52.223-2 Clean Air and Water
FAR 52.223-3 Hazardous Material Identification and Material Safety Data FAR 52.223-6 Drug Free Workplace
FAR 52.223-7 Notice of Radioactive Materials
FAR 52.224-2 Privacy Act
FAR 52.225-5 Buy American Act - Construction Materials
FAR 52.225-10 Duty Free Entry
FAR 52.225-11 Restrictions on Certain Foreign Purchases
FAR 52.227-11 Authorization and Consent
FAR 52.227-2 Notice and Assistance Regarding Patent and Copyright infringement FAR-52.227-3 Patent Information
FAR 52.227-5 Waiver of Indemnification
FAR 52.227-8 Reporting of Royalties (Foreign)
FAR 52.227-9 Refund of Royalties
FAR 52.227-10 Filing of Patent Applications - Classified Subject Matter FAR 52.227-11 Patent Rights - Retention by the Contractor (short form)
FAR 52.227-12 Patent Rights - Retention by the Contractor (long form) FAR 52.227-13 Patent Rights - Acquisition by the Government
FAR 52.227-14 Rights in Data - General
FAR 52.227-16 Additional Data Requirements
FAR 52.227-17 Rights in Data - Special Works
FAR 52.227-18 Right in Data - Existing Works
FAR 52.227-19 Commercial Computer Software - Restricted Rights
FAR 52.227-20 Rights in Data - SBIR Program
FAR 52.227-21 Technical Data Certification, Revision and Withholding of Payment FAR 52.227-22 Major System - Minimum Rights
FAR 52.227-23 Rights to Proposal Data
FAR 52.228-3 Worker's Compensation Insurance (Defense Base Act)
FAR 52.228-4 Worker's Compensation and War - Hazard Insurance Overseas FAR 52.228-5 Insurance - Work on a Government Installation
FAR 52.229-10 State of New Mexico Gross Receipts and Compensating Tax FAR 52.230-2 Cost Accounting Standards
FAR 52.230-3 Disclosure and Consistency of Cost Accounting Practices FAR 52.230-4 Consistency in Cost Accounting Practices
FAR 52.230-5 Administration of Cost Accounting Standards
FAR 52.232-12 Advanced Payments
FAR 52.232-16 Progress Payments
FAR 52.232-20 Limitation of Cost
FAR 52.232-27 Prompt Payment for Construction Contracts
FAR 52.233-3 Protest After Award
FAR 52.236-6 Superintendence by the Contractor
FAR 52.236-12 Cleaning Up
FAR 52.236-13 Accident Prevention
FAR 52.236-21 Specifications and Drawings for Construction
FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation FAR 52.237-7 Indemnification and Medical Liability Insurance
FAR 52.243-1 Changes
FAR 52.243-2 (Alternate V) Changes - Cost - Reimbursement
FAR 52.243-6 Change Order Accounting
FAR 52.243-7 Notification of Changes
FAR 52.244-1 Subcontractors (Fixed Price Contracts
FAR 52.244-2 Subcontractors (Cost - Reimbursement and Letter Contracts) FAR 52.245-2 Government Property (Fixed Price Contracts)
FAR 52.245-5 Government Property (Cost - Reimbursement, Time - and -Material, of Labor-Hour Contracts
FAR 52.245-8 Liability for the Facilities
FAR 52.245-16 Facilities Equipment Modernization
FAR 52.245-17 Special Tooling
FAR 52.245-18 Special Test Equipment
FAR 52.245-19 Government Property Furnished "As Is"
FAR 52.246-2 Inspection of Supplies - Fixed Price
FAR 52.246-6 Inspection of Research and Development Cost - Reimbursement FAR 52.246-21 Warranty of Construction
FAR 52.246-23 Limitation of Liability
FAR 52.246-24 Limitation of Liability - High Value Items
FAR 52.246-35 Limitation of Liability - Services
FAR 52.247-63 Preference for U.S. Flag Air Carriers
FAR 52.247-64 Preference for Privately Owned U.S. Flag Commercial Vessels FAR 52.248-1 Value Engineering
FAR 52.248-3 Value Engineering - Construction
FAR 52.249-1 Termination for Convenience
FAR 52.249-5 Termination (Cost - Reimbursement)
DFAR252.203-7001 Special Prohibition on Employment
DFAR252.203-7002 Statutory Compensation Prohibitions and Reporting Requirements Relating to Certain Former Department of Defense (DOD) Employees
DFAR252.203-7003 Display of DOD Hotline Poster
DFAR252.204-7000 Disclosure of Information
DFAR252.204-7005 Overseas Distribution of Defense Subcontracts DFAR252.205-7000 Release of Information to Cooperative Agreement Holders
DFAR252.208-7000 Required Sources for Miniature and Instrument Ball Bearings DFAR252.208-7001 Required Sources for Precision Components and Mechanical Time Devices
DFAR252.208-7002 Required Sources for High Purity Silicon
DFAR252.208-7003 Required Sources for High Carbon Ferrochrome DFAR252.208-7005 Required Sources for Forging and Welded Shipboard Anchor Chain Items
DFAR252.208-7006 Required Sources for Anti-Friction Bearings DFAR252.209-7000 Acquisition from Subcontractors Subject to On Site Inspection Under the Intermediate Range Nuclear Forces (INF) Treaty
DFAR252.209-7001 Acquisitions from Defense Contractors Subject to On-Site Inspection Under the intermediate Range Nuclear Forces (INF) Treaty
DFAR252.210-7003 Acquisition Streamlining
DFAR252.211-7011 Audit of Contract Modifications-Commercial Items DFAR252.211-7021 Clauses to be included in Contracts with Subcontractors and Suppliers-Commercial Items
DFAR252.222-7000 Restrictions on Employment of Personnel
DFAR252.223-7002 Safety Precautions for Ammunition and Explosives DFAR252.223-7004 Drug Free Work Force
DFAR252.223-7005 Hazardous Waste Liability
DFAR252.225-7008 Supplies to be Accorded Duty Free Entry
DFAR252.225-7009 Duty Free Entry Qualifying Country End Products and Supplies DFAR252.225-701 0 Duty Free Entry Additional Provisions
DFAR252.225-7014 Preference for Domestic Specialty Metals
DFAR252.225-7016 Restriction on Acquisition of Antifriction Bearings DFAR252.225-7019 Restriction on Acquisition of Foreign Anchor and Mooring Chain
DFAR252.225-7020 Restriction on Acquisition of Foreign Anchor and Mooring Chain Fiscal Years 1989 and 1990
DFAR252.225-7021 Restriction on Acquisition of Foreign Anchor and Mooring Chain (Fiscal Year 1988)
DFAR252.225-7025 Foreign Source Restrictions
DFAR252.225-7026 Reporting of Contract Performance Outside the United States DFAR252.225-7032 Waiver of United Kingdom Levies
DFAR252.225-7037 Duty-Free Entry - NAFTA Country End Products and Supplies DFAR 252.227-7013 Rights in Technical Data and Computer Software
DFAR 252.227-7018 Restrictive Markings on Technical Data
DFAR 252.227-7029 Identification of Technical Data
DFAR 252.227-7030 Technical Data - Withholding of Payment
DFAR 252.227-7031 Data Requirements
DFAR 252.227-7037 Validation of Restrictive Markings on Technical Data
DFAR 252.228-7005 Accident Reporting and Investigation Involving Aircraft, Missiles, and Space Launch Vehicles
DFAR 252.235-7002 Animal Welfare
DFAR 252.235-7003 Frequency Authorization
DFAR 252.237-7021 Waiver of Limitation on Severance Payments to Foreign Nations
DFAR 252.239-7010 Audit and Records-Common Carriers
DFAR 252.239-7016 Telecommunications Security Equipment, Devices, Techniques, and Services
DFAR 252.247-7023 Transportation of Supplies by Sea
DFAR 252.247-7024 Notification of Transportation of Supplies by Sea
DFAR 252.249-7001 Notification of Substantial Impact on Employment
DFAR 252.249-7002 Notification of Proposed Program Termination or Reduction DFAR 252.271-7001 Recovery of Nonrecurring Costs on Commercial Sales of Defense Products and Technology and of Royalty Fees for Use of DOD Technical Data

Section E

EQUAL OPPORTUNITY CLAUSE

(Code Sheet CGP-1-1)

Section E is incorporated into all Contracts. In this section "supplier" means "Seller".

  1. The supplier will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; the selection for training, including apprenticeship. The supplier agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.
  2. The supplier will, in all solicitations or advertisements for employees places by or on behalf of the supplier, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin.
  3. The supplier will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, advising the labor union or worker's representative of the suppliers commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
  4. The supplier will comply with all provisions of Executive Order 11246 of September 24, 1965, and the rules, regulations and relevant orders of the Secretary of Labor.
  5. The supplier will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.
  6. In the event of the supplier's noncompliance with the nondiscrimination clauses of this contract or with any such rules, regulations or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contract in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor or as otherwise provided by law.
  7. The supplier will include the provisions of paragraph (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The supplier will take action with respect to any subcontractor or vendor. The supplier will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event the supplier becomes involved in, or is threatened with , litigation with subcontractor or vendor as a result of such direction by the contracting agency, the supplier may request the United States to enter into such litigation to protect the interests of the United States.
  8. Seller agrees to assume the obligation of compliance with the requirements of Executive Order 11246, Executive Order 11241, the Rehabilitation Act of 1973, the Vietnam Era Veterans Readjustment Act of 1974, all as amended and all rules and regulations there under.
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