FLOWDOWN CLAUSES INCORPORATED BY REFERENCE

 

THE FOLLOWING FAR AND DFAR CLAUSES ARE HEREBY INCORPORATED BY REFERENCE INTO ALL WOLVERINE PURCHASE ORDERS RELATED TO ANY FEDERAL GOVERNMENT CONTRACT. Where necessary to make the context of these provisions applicable to this order, the term “contractor” shall mean “seller,” the term “contract” shall mean “this order,” and the terms “Government,” “contracting officer,” and equivalent phrases shall mean “buyer.” Seller hereby agrees to flow down the applicable clauses to its lower-tier subcontractors, and agrees that the clauses are in effect between it and the buyer, as applicable.

THE FULL TEXT OF FEDERAL ACQUISITION REGULATION (FAR) CLAUSES CAN BE FOUND AT http://acquisition.gov/comp/far/index.html.

THE FULL TEXT OF DFAR CLAUSES CAN BE FOUND AT http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html.

FAR CLAUSES

CONTRACTS SP0100-06-D-0351/SP0100-06-D-0352/SPM1C1-08-D-1099

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (MAY 2004)

52.222-26 EQUAL OPPORTUNITY (APR 2002) (E.O. 11246)

52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (DEC 2001) (38 U.S.C. 4212)

52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUN 1998) (29 U.S.C. 793)

52.222-39 NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION DUES OR FEES (DEC 2004) (E.O. 13201)

52.222-41 SERVICE CONTRACT ACT OF 1965, AS AMENDED (MAY 1989) (41 U.S.C. 351, et. seq.)

52.247-64 PREFERENCE FOR PRIVATELY-OWNED U.S.-FLAGGED COMMERCIAL VESSELS (APR 2003)(46 U.S.C. APPX 1241 AND 10 U.S.C. 2631). THIS FAR DOES NOT OVERRIDE THE BERRY AMENDMENT.

CONTRACT SP0100-06-D-0445

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (MAY 2004)

52.222-26 EQUAL OPPORTUNITY (APR 2002) (E.O. 11246)

52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (DEC 2001) (38 U.S.C. 4212)

52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUN 1998) (29 U.S.C. 793)

52.222-39 NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION DUES OR FEES (DEC 2004) (E.O. 13201)

52.222-41 SERVICE CONTRACT ACT OF 1965, AS AMENDED (NOV 2007) (41 U.S.C. 351, et. seq.)

52.247-64 PREFERENCE FOR PRIVATELY-OWNED U.S.-FLAGGED COMMERCIAL VESSELS (APR 2003)(46 U.S.C. APPX 1241 AND 10 U.S.C. 2631). THIS FAR DOES NOT OVERRIDE THE BERRY AMENDMENT.

CONTRACT SPM1C1-07-D-0022

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (MAY 2004)

52.222-26 EQUAL OPPORTUNITY (APR 2002) (E.O. 11246)

52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (DEC 2001) (38 U.S.C. 4212)

52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUN 1998) (29 U.S.C. 793)

52.222-39 NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION DUES OR FEES (DEC 2004) (E.O. 13201)

52.222-41 SERVICE CONTRACT ACT OF 1965, AS AMENDED (NOV 2007) (41 U.S.C. 351, et. seq.)

52.247-64 PREFERENCE FOR PRIVATELY-OWNED U.S.-FLAGGED COMMERCIAL VESSELS (FEB 2006)(46 U.S.C. APPX 1241 AND 10 U.S.C. 2631). THIS FAR DOES NOT OVERRIDE THE BERRY AMENDMENT.

CONTRACT SP0100-05-D-0353

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (MAY 2004)

52.222-26 EQUAL OPPORTUNITY (E.O. 11246)

52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (38 U.S.C. 4212)

52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (29 U.S.C. 793)

52.222-41 SERVICE CONTRACT ACT OF 1965, AS AMENDED (41 U.S.C. 351, et. seq.)

52.247-64 PREFERENCE FOR PRIVATELY-OWNED U.S.-FLAGGED COMMERCIAL VESSELS (46 U.S.C. APPX 1241). THIS FAR DOES NOT OVERRIDE THE BERRY AMENDMENT.

CONTRACT SPM1C1-09-D-0033

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (MAY 2004)

52.222-26 EQUAL OPPORTUNITY (MAR 2007) (E.O. 11246)

52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (DEC 2001) (38 U.S.C. 4212)

52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUN 1998) (29 U.S.C. 793)

52.222-39 NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION DUES OR FEES (DEC 2004) (E.O. 13201)

52.222-41 SERVICE CONTRACT ACT OF 1965, AS AMENDED (NOV 2007) (41 U.S.C. 351, et. seq.)

52.222-50 COMBATING TRAFFICKING IN PERSONS (AUG 2007) (22 U.S.C. 7104(g)).

52.222-51 EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT ACT TO CONTRACTS FOR MAINTENANCE, CALIBRATION, OR REPAIR OF CERTAIN EQUIPMENT – REQUIREMENTS (NOV 2007) (41 U.S.C. 351, et. seq.)

52.222-53 EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT ACT TO CONTRACTS FOR CERTAIN SERVICES – REQUIREMENTS (NOV 2007) (41 U.S.C. 351, et. seq.)

52.247-64 PREFERENCE FOR PRIVATELY-OWNED U.S.-FLAGGED COMMERCIAL VESSELS (APR 2003)(46 U.S.C. APPX 1241 AND 10 U.S.C. 2631). THIS FAR DOES NOT OVERRIDE THE BERRY AMENDMENT.

CONTRACT SPM1C1-10-D-1048

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (MAY 2004)

52.222-26 EQUAL OPPORTUNITY (MAR 2007) (E.O. 11246)

52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (SEP 2006) (38 U.S.C. 4212)

52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUN 1998) (29 U.S.C. 793)

52.222-39 NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION DUES OR FEES (DEC 2004) (E.O. 13201)

52.222-41 SERVICE CONTRACT ACT OF 1965, AS AMENDED (NOV 2007) (41 U.S.C. 351, et. seq.)

52.222-50 COMBATING TRAFFICKING IN PERSONS (FEB 2009) (22 U.S.C. 7104(g)).

52.222-51 EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT ACT TO CONTRACTS FOR MAINTENANCE, CALIBRATION, OR REPAIR OF CERTAIN EQUIPMENT – REQUIREMENTS (NOV 2007) (41 U.S.C. 351, et. seq.)

52.222-53 EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT ACT TO CONTRACTS FOR CERTAIN SERVICES – REQUIREMENTS (FEB 2009) (41 U.S.C. 351, et. seq.)

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (JAN 2009)

52.226-6 PROMOTING EXCESS FOOD DONATION TO NONPROFIT ORGANIZATIONS (MAR 2009) (PUB. L. 110-247). FLOW DOWN REQUIRED IN ACCORDANCE WITH PARAGRAPH (e) OF FAR CLAUSE 52.226-6.

CONTRACT SPM1C1-10-D-1082

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (DEC 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (MAY 2004) (15 U.S.C. 637(d)(2) and (3))

52.222-26 EQUAL OPPORTUNITY (MAR 2007) (E.O. 11246)

52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (SEP 2006) (38 U.S.C. 4212)

52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUN 1998) (29 U.S.C. 793)

52.222-39 NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION DUES OR FEES (DEC 2004) (E.O. 13201)

52.222-41 SERVICE CONTRACT ACT OF 1965 (NOV 2007) (41 U.S.C. 351, et. seq.)

52.222-50 COMBATING TRAFFICKING IN PERSONS (FEB 2009) (22 U.S.C. 7104(g)).

52.222-51 EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT ACT TO CONTRACTS FOR MAINTENANCE, CALIBRATION, OR REPAIR OF CERTAIN EQUIPMENT – REQUIREMENTS (NOV 2007) (41 U.S.C. 351, et. seq.)

52.222-53 EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT ACT TO CONTRACTS FOR CERTAIN SERVICES – REQUIREMENTS (FEB 2009) (41 U.S.C. 351, et. seq.)

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (JAN 2009)

52.226-6 PROMOTING EXCESS FOOD DONATION TO NONPROFIT ORGANIZATIONS (MAR 2009) (PUB. L. 110-247). FLOW DOWN REQUIRED IN ACCORDANCE WITH PARAGRAPH (e) OF FAR CLAUSE 52.226-6.

ALL CONTRACTS

SECTION 833 - 10 U.S.C. 2533a (BERRY AMENDMENT)

52.219-9(d) – SMALL BUSINESS SUBCONTRACTING PLAN

PENALTIES FOR MISREPRESENTATION OF SIZE STATUS

SMALL BUSINESS ACT, AS AMENDED (THE “ACT”)

SECTION 16(a) – U.S.C. 645(a)

SECTION 9 OR 15 – 15 U.S.C. 638 AND 644

SECTION 8(a) – 15 U.S.C. 637(a)

SECTION 8(d) – 15 U.S.C. 637(d)

SECTION 16(d) – U.S.C. 645(d)

52-219-9(e)(5)