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
"MAY
BE"
(REV 8/95)
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 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, UNLESS AND ONLY TO THE EXTENT PREVIOUSLY
DISCLOSED TO AND APPROVED BY THE BUYER: (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 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)