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ACCEPTANCE OF ALL ADT PURCHASE ORDERS MARKED 'FMS', ASSERTS THAT YOUR COMPANY CERTIFIES TO AND AGREES WITH THE REGULATIONS OF THE U.S. GOVERNMENT, AS REPRESENTED BY THE DEFENSE SECURITY COOPERATION AGENCY (DSCA). SEE BELOW FOR FURTHER INFORMATION: All vendors agree to the following: Agrees to include in subcontracts under this contract, a clause to the effect that authorized representatives of the Government of the United States shall have access to and the right to examine, for a period of three (3) years following the final payment to the Contractor, any of the subcontractor's directly pertinent books, documents, papers, or other records involving transactions related to the subcontract. The following suppliers are exempted from this provision [these items may be procured from both U.S. and foreign sources, and are subject to the non-U.S. origin disclosure: a. Those orders equal to or less than $100,000 in value. b. Those orders in implementation of a Purchase Agreement awarded to the contractor on a competitive lowest responsive bid or best bid/best value basis. c. Those orders for common hardware and/or raw materials. d. Those orders for commercially available U.S. off-the-shelf items. e. Those orders issued and effective prior to date of the Purchase Agreement identified above. Agrees to include in the written terms and conditions of every subcontract or order (except those exempted under paragraph 6e) a prominently displayed statement that United States Government (USG) funds will be used to finance such subcontract, and that acceptance of the subcontract or order will constitute acknowledgment of such notification of USG financing. Agrees to include in the written terms and conditions of every subcontract or order (except those exempted under paragraph 6e) a prominently displayed statement: Acceptance and implementation of the subcontract constitutes a declaration and agreement by the principal executive officers of the subcontractor that no bribes, rebates, gifts, kickbacks, or gratuities to secure the Purchase Agreement or the subcontract, or for favorable treatment under such agreements, or for any other purpose relating to the Purchase Agreement or the subcontract have been or will be directly or indirectly offered or given to, or have been or will be arranged with officers, officials or employees of the Purchaser by the subcontractor, its employees or agents. Certifies that the material, components, goods, or services (hereafter “content”) to be provided under the Purchase Agreement are of U.S. manufacture and/or origin. (See DSCA Guidelines for FMF, item #12) Certifies that the Purchase Agreement price does not include commissions, contingent fees, or similar compensation paid or promised to any person for the purpose of soliciting or securing the Purchase Agreement, unless such payments have been identified to and approved in writing by the Purchaser prior to contract award for payment with repayable FMF credit or with the Purchaser’s national funds. Certifies that any commissions, contingent fees, or similar compensation paid or promised by the contractor to any person in relation to soliciting the Purchase Agreement were not in violation of U.S. law or regulations. Agrees to include within every subcontract or order under the Purchase Agreement (except those exempted under paragraph 6) prominently displayed contract clause(s) requiring that the subcontractor provide the disclosures and certifications set forth in this paragraph. Certifies and agrees that no bribes, rebates, gifts, kickbacks or gratuities have been or will be directly or indirectly offered or given, or have been or will be arranged with officers, officials, or employees of the Purchaser by the Contractor, its employees or agents to secure the Purchase Agreement or favorable treatment under the Purchase Agreement, or for any other purpose relating to the Purchase Agreement contrary to U.S. law or regulation. For complete information, see THE DSCA WEBSITE AT WWW.DSCA.MIL.
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