FMS (FOREIGN MILITARY SALES)

THE BELOW FOREIGN MILITARY SALES (FMS) TERMS AND CONDITIONS APPLICABLE TO THIS RFQ AND ANY SUBSEQUENT PURCHASE ORDER.

FOREIGN MILITARY SALES (FMS)

TERMS & CONDITIONS

ACKNOWLEGMENT OF THIS PURCHASE ORDER CONSTITUTES ACCEPTANCE OF THE DEFENSE SECURITY ASSISTANCE AGENCY REQUIREMENTS FOR U.S. GOVERNMENT FUNDS MADE AVAILABLE UNDER THE PROVISIONS OF THE ARMS EXPORT CONTROL ACT, AS AMENDED.

SELLER AGREES TO PERMIT THE DEFENSE CONTRACT MANAGEMENT COMMAND (DCMC) AND THE DEFENSE CONTRACT AUDIT AGENCY TO PERFORM CONTRACT ADMINSTRATIVE SERVICES.

AUTHORIZED REPRESENTATIVES OF THE U.S. GOVERNMENT SHALL HAVE ACCESS TO   AND THE RIGHT TO EXAMINE, FOR A PERIOD OF THREE (3) YEARS FOLLOWING   FINAL PAYMENT TO THE BUYER, ANY OF SELLER’S DIRECTLY PERTINENT BOOKS,   DOCUMENTS, PAPERS, OR OTHER RECORDS INVOLVING TRANSACTIONS RELATING TO   THIS ORDER.

ACCEPTANCE AND IMPLEMENTATION OF THIS ORDER CONSTITUTES A DECLARATION   AND AGREEMENT BY THE PRINCIPAL EXECUTIVE OFFICERS OF THE SELLER THAT NO BRIBES, REBATES, GIFTS, KICKBACKS, OR GRATUITIES HAVE BEEN OR WILL BE OFFERED TO OR GIVEN TO (DIRECTLY OR INDIRECTLY) CONTRARY TO U.S. LAW, OR HAVE BEEN OR WILL BE ARRANGED CONTRARY TO U.S. LAW WITH, OFFICERS, OFFICIALS, OR EMPLOYEES OF BUYERS CUSTOMER OR SELLER, ITS EMPLOYEES OR AGENTS WHICH ARE INTENDED TO SECURE THE PURCHASE AGREEMENT OR THIS ORDER OR FAVORABLE TREATMENT UNDER SUCH AGREEMENT OR ORDER OR FOR ANY OTHER PURPOSE RELATING THE PURCHASE AGREEMENT OR THIS ORDER.

ACCEPTANCE AND IMPLEMENTATION OF THIS ORDER CONSTITUTES AGREEMENT BY THE SELLER TO IDENTIFY THE FULL AMOUNT OF ANY PAYMENT RECEIVED UNDER THIS ORDER IN ITS ACCOUNTING RECORDS AND TO PROVIDE A CLEAR AUDIT TRAIL OF THE USE OF THESE FUNDS.

ACCEPTANCE AND IMPLEMENTATION OF THIS ORDER CONSTITUTES AGREEMENT BY THE SELLER TO IDENTIFY AND TO CONSENT TO THE DISCLOSURE OF THE FOLLOWING ACCOUNTS TO (ADD AT THE REQUEST OF) THE U.S. DEPARTMENT OF DEFENSE OR THE U.S. DEPARTMENT OF JUSTICE OR U.S. FEDERAL GRAND JURIES:

1)            ACCOUNTS WHEREVER LOCATED IN THE NAME OF SELLER; AND

2)            ACCOUNTS LOCATED OUTSIDE THE UNITED STATES IN THE NAME OF THE PRINCIPAL EXECUTIVE OFFICERS OF SELLER(AND ANY NOMINEES) WHO HAVE BEEN PERSONALLY AND SUBSTANTIALLY INVOLVED IN THIS ORDER UNDER THE PURCHASE AGREEMENT.

FOR PURPOSES OF THIS CLAUSE THE TERMS “CONSENT TO THE DISCLOSURE” INCLUDES AN AGREEMENT TO PROVIDE CONSENT DOCUMENTS AUTHORIZING THE DISCLOSURE OF SUCH INFORMATION UPON REQUEST.

ACCEPTANCE AND IMPLEMENTATION OF THIS ORDER CONSTITUTES CERTIFICATION BY THE SELLER THAT NEITHER IT NOR ANY OF ITS EMPLOYEES ARE SUSPENDED OR DEBARRED FROM CONDUCTING BUSINESS WITH ANY AGENCY OF THE U.S. GOVERNMENT AND THAT EXPORT PRIVILEGES ARE NOT SUSPENDED OR REVOKED. SELLER ALSO CERTIFIES THAT NO SUCH SUSPENDED OR DEBARRED FIRMS WILL BE USED AS A SOURCE OF SUPPLIES OR AS A SUBCONTRACTOR FOR THIS ORDER.

SELLER HAS NOT AND SHALL NOT: (A) PAY COMMISSIONS OR POLITICAL CONTRIBUTIONS IN CONNECTION WITH EFFORTS TO OBTAIN THE ORDER WORK; OR (B) USE NON-U.S. END-ITEMS, COMPONENTS, PARTS, OR SERVICES IN THE GOODS OR SERVICES TO BE PROVIDED UNDER THE ORDER.  FOR PURPOSES OF THIS CLAUSE, “POLITICAL CONTRIBUTIONS” IS DEFINED AS SET FOR THE 22 CFR PART 130.

AGREES THE SELLER WILL COMPLY IN ALL RESPECTS WITH THE “DSCA GUIDELINES FOR FOREIGN MILITARY FINANCING OF DIRECT COMMERCIAL CONTRACTS” THAT IS IN EFFECT WHEN THE CONTRACT WAS SIGNED. FURTHER, SHOULD A NEWER VERSION OF THE GUIDELINES BE PUBLISHED SUBSEQUENT TO CONTRACT AWARD, THE CONTRACTOR AGREES TO COMPLY IN ALL RESPECTS WITH THE “DSCA GUIDELINES FOR FOREIGN MILITARY FINANCING OF DIRECT COMMERCIAL CONTRACTS” THAT IS IN EFFECT WHEN ANY AMENDMENT OR MODIFICATION TO SUCH A CONTRACT IS SIGNED.

AGREES THAT ALL PROVISIONS IN THIS CERTIFICATION APPLY TO ALL SUBCONTRACTORS, AND AGREES TO OBTAIN WRITTEN COMPLIANCE TO THESE FMS TERMS AND CONDITIONS FROM ALL SECOND TIER SUBCONTRACTORS AND SUPPLIERS. AGREES THAT THE U.S. GOVERNMENT HAS THE RIGHT, WITHOUT ACCRUING ANY LIABILITY, TO SUSPEND THE FINANCING OF THIS PURCHASE AGREEMENT ON THE INSTRUCTION OF THE BUYERS CUSTOMER OR FOR ANY SUSPECTED OR CONFIRMED MISREPRESENTATION OR VIOLATION OF NAY CERTIFICATION OR AGREEMENT PROVIDED BY THIS CONTRACTOR TO OBTAIN SUCH FINANCING.

AGREES THAT NO ADVANCE PAYMENTS WILL BE ALLOWED.

AGREES THAT EXPORT TRANSPORTATION COSTS FINANCED UNDER TERMS OF THE PURCHASE AGREEMENT WILL BE PAID ONLY TO STEAMSHIP, BARGE, TUG, AND AIRLINE COMPANIES OF UNITED STATES REGISTRY.  AGREES THAT AMOUNTS BILLED FOR SUCH TRANSPORTATION SHALL ONLY BE THE COST FOR SHIPPING THE DEFENSE ARTICLES PROVIDED UNDER THE TERMS OF THE PURCHASE AGREEMENT.

CERTIFIES THAT THE COST OF TRANSPORTATION, LODGING, MEALS, ENTERTAINMENT, AND OTHER PERSONAL SUPPORT COSTS INCURRED BY PERSONNEL OF BUYERS CUSTOMERS OR BY THE BUYERS CUSTOMER ON BEHALF OF ITS PERSONNEL WHICH RELATE DIRECTLY OR INDIRECTLY IN ANY WAY TO THIS CONTRACT WILL NOT BE PAID BY THE SELLER AND/OR SUBCONTRACTORS.    (FMS)