1
Jan2016
MACOM Technology Solutions
Attachment A
(January 2016)
TERMS AND CONDITIONS – Fixed-Price Purchase Order Under U.S. Government Contract
40. FEDERAL ACQUISITION REGULATION (FAR), DEPARTMENT OF DEFENSE (DoD) FAR SUPPLEMENT (DFARS).
When the items furnished under this Order are for use in connection with one or more U.S. Government prime contracts or
subcontracts, the following clauses set forth in the FAR and DFARS as in effect on the date of this purchase order, unless
otherwise noted, are incorporated herein by reference. Where necessary to make the clauses applicable to this purchase order,
“Contractor” shall mean “Seller,” “Contracting Officer” shall mean “Buyer,” and “Government” shall mean “Buyer” or the
“Government” whenever appearing in the clauses, unless otherwise noted. Seller shall include the following clauses in its
lower-tier purchase orders as required by the following clauses or applicable law. If this order is placed under a prime contract
or subcontract from a U.S. Government agency other than the Department of Defense (“other agency”), the references to
DFARS clauses regarding technical data shall be deemed to refer to the equivalent “other agency” regulation supplement. If any
of the following FAR or DFARS clauses do not apply to a particular purchase order, such clauses are self-deleting.
2
Jan2016
a) All Orders
52.203-3 Gratuities (APR 1984)
52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (JUN
2010)
52.204-2 Security Requirements (AUG 1996)
52.204-8 Annual Representations and Certifications (DEC 2014) *1
52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011)
52.204-14 Service Contract Reporting Requirements (JAN 2014)
52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014)
52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014)
52.207-4 Economic Purchase Quantity – Supplies (AUG 1987)
52.208-8 Required Sources for Helium and Helium Usage Data (APR 2014)
52.208-9 Contractor Use of Mandatory Sources of Supply or Services (May 2014)
52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation (NOV 2015)
52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015)
52.211-5 Material Requirements (AUG 2000) *1
52.211-15 Defense Priority and Allocation Requirements (APR 2008) (Applicable when Buyer indicates in the
contract documents that a rating applies to this contract)
52.215-15 Pension Adjustment and Asset Reversions (Oct 2010)
52.215-18 Reversions or Adjustments of Plans for Postretirement Benefits (PRB) Other Than Pensions (JUL
2005)
52.215-19 Notification of Ownership Changes (OCT 1997)
52.222-1 Notice to the Government of Labor Disputes (FEB 1997)
52.222-21 Prohibition of Segregated Facilities (APR 2015)
52.222-22 Previous Contracts and Compliance Reports (FEB 1999)
52.222-26 Equal Opportunity (APR 2015)
52.222-29 Notification of Visa Denial (APR 2015)
52.222-41 Service Contract Labor Standards (MAY 2014)
52.222-51 Exemption from Application of the Service Contract Labor Standards to Contracts for
Maintenance, Calibration, or Repair of Certain Equipment – Requirements (MAY 2014)
52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain
Services – Certification (MAY 2014)
52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2014)
52.223-3 Hazardous Material Identification and Material Safety Data (Alt 1 applies if this order is for other
than DoD) (JAN 1997)
52.223-4 Recovered Material Certification (MAY 2008) (inapplicable to commercially available off-the-shelf
items)
52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011)
52.223-7 Notice of Radioactive Materials (subsection (a) shall read “15 days”) (JAN 1997)
52.223-11 Ozone-Depleting Substances (MAY 2001) *2
52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007)
52.224-1 Privacy Act Notification (APR 1984)
52.224-2 Privacy Act (APR 1984)
52.225-8 Duty-free Entry (OCT 2010)
52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008)
52.225-14 Inconsistency between English Version and Translation of Contract (FEB 2000)
52.225-19 Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular
Mission Outside the United States (MAR 2008)(applicable if this subcontract requires
subcontractor personnel to perform outside the United States under conditions specified in the
clause)
52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to
Iran-Representation and Certifications (OCT 2015)