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Terms & Conditions

GENERAL REQUIREMENTS

Purchase Order Requirements and Quality Provision Clauses

Failure to fully comply, or only partial compliance, with any clause specified by the associated purchase order and any other included specifications, quality clauses, conditions, or documented requirements shall be cause for rejection and return of the item(s) at Supplier’s full expense and liability, which shall be nontransferable to the greatest extent of prevailing law.

Governing Specifications and Order of Precedence

Where drawings, specifications, standards, and document listings are indicated, the governing revision of the listed document shall be the revision / issue called out within the purchase order or technical data package. If a revision level is not listed, the issue currently in effect on the date of the associated purchase order shall be used, unless otherwise specified.

Where direct conflicts exist, the following shall be considered the order of specification precedence, in order of highest priority to lowest priority:

  1. Buyer’s Product Definition;
  2. Documented Information Cited by Purchase Order, including Documents Referenced by said Documented Information;
  3. Buyer’s Purchase Order;
  4. Buyer’s Customer Quality Plan Flow-Down Terms & Conditions;
  5. These Supplier Terms & Conditions.

If any question as to the prevailing specification exists, Buyer’s authorized and empowered supply chain representative is to be contacted in a traceable manner for disposition.

Acceptance of Contract

This contract integrates, merges, and supersedes any prior offers, negotiations, and agreements concerning the subject matter of the contract, and constitutes the entire agreement between Supplier and Buyer.

Buyer’s acknowledgement, invoice, acceptance of payment, or commencement of performance regarding the subject matter of this contract shall conclusively constitute Buyer’s complete acceptance of this contract in its entirely as written.

Unless especially accepted by an appropriately empowered agent or top management representative of Buyer in a traceable and secure format, additional or differing terms or conditions proposed by Supplier or included in Supplier’s acknowledgement are objected to by Buyer, rejected, and shall be considered to have no effect.

Applicable Laws

This contract and any related matter shall be governed by the laws of the state from which this contract is issued by Buyer.

Supplier shall be in compliance and continue to comply with all applicable laws and regulations, and Supplier shall fully satisfy all fees and charges associated with such compliance at Supplier’s expense. Supplier shall maintain all requisite permits and licensure to perform this contract, and Supplier shall fully satisfy all fees and charges associated with such permits and licensure. Supplier shall be responsible for all costs, charges, and expenses related to the pre-registration, registration, evaluation, authorization, reporting, and approval under any applicable regulatory paradigm to which Supplier is exposed.

Supplier shall, at Supplier’s expense, provide total cooperation to Buyer in conducting any investigation regarding the nature and scope of any failure by Supplier, its personnel, or entities performing work under Supplier’s direction and/or control, to comply with all applicable laws and regulations.

Assignment

Any assignment of this contract or Supplier’s contract rights by Supplier shall be considered void and to have no effect, unless especially accepted by an appropriately empowered agent of Buyer in a traceable and secure format.

No transaction or transfer shall relieve Supplier of any of Supplier’s obligations under this contract.

Responsibility for Conformance

Supplier is fully responsible for the provision of products and services which conform to the requirements of the purchase order. Activities of buyer or supplier’s suppliers shall not be construed as relieving such responsibility, for any reason.

Warranty

Supplier expressly warrants that all deliverables, including those provided by supplier’s external providers, conform to the requirements of the purchase order. Payment shall not be construed as to constitute acceptance. Any deliverable found to have been furnished to Buyer in a nonconforming state, at any point, including after acceptance, may be rejected by Buyer and returned to Supplier for remedy of the Buyer’s choosing up to the full value of the purchase order plus Buyer’s associated incurred expenses, at Supplier’s full risk and liability.

In the event Supplier cannot remedy defective deliverables to the satisfaction of Buyer, Buyer may utilize another external provider, at Supplier’s full risk, liability, and expense.

Payments associated with warranty shall not exceed terms longer than Net 30.

Right of Access

Buyer, Buyer’s customer, and any duly authorized government agency with prevailing jurisdiction reserve the right to assign representatives for any purpose applicable to the monitoring and verification of product and service provision performed in association with this purchase order, and compliance to these terms and conditions. These representatives may be presented on an itinerant or resident basis at Supplier’s facility, or those of sub-tier suppliers, with or without preceding notice, and at any time product and service provision associated with this purchase order is being performed, as well as during regular business hours otherwise. Suppliers are required to provide these representatives with reasonable facilities and equipment, and access to all areas associated with product and service provision performed in association with this purchase order.

Ethical Behavior & Awareness of Contributions to Product Safety

All persons and entities operating under the control of Supplier shall act in an ethical manner.

Supplier shall adopt and comply with a code of conduct which promotes awareness and commitment to ethical business practices, including, at minimum, the facilitation of the timely discovery, investigation, appropriate disclosure, and implementation of corrective actions for violations of prevailing law, agreements, orders, or any specification or codified expectation of Buyer.

Supplier shall ensure, and attests, that all persons and entities operating under the control of Supplier are aware of the importance of ethical behavior, their contributions to quality and product safety, and the consequences of poor quality and unethical behavior, including the potential for loss of human life and negative impact to the strategic interests of the United States.

Supplier shall not engage in retaliation against whistleblowers or suppress the appropriate reporting of ethical concerns.

Compliance to the International Trade in Arms Regulations (ITAR), Export Administration Regulations (EAR), and United States Foreign Policy

Supplier shall fully comply with the ITAR, EAR, and any prevailing export and commerce control regulations not enumerated, as applicable to this purchase order.

Supplier shall ensure that no technical data, products, or services regulated by the ITAR and EAR are either willfully or inadvertently provided or made accessible to any non-“US Person” or entity, unless the transfer is explicitly permitted by a United States government license and authorization to such effect.

If applicable, any duplication, redrawing, compartmentalization, or transmission of technical data must include:

“THIS INFORMATION MAY BE SUBJECT TO THE INTERNATIONAL TRAFFIC IN ARMS REGULATIONS (ITAR) PURSUANT TO 22 C.F.R. PART 120-130 OR THE EXPORT ADMINISTRATION REGULATIONS (EAR) PURSUANT TO 15 C.F.R. PARTS 730-774. TRANSFER OF THIS DATA BY ANY MEANS TO A NON-U.S. PERSON, WHETHER IN THE UNITED STATES OR ABROAD, WITHOUT THE PROPER U.S. GOVERNMENT AUTHORIZATION IS STRICTLY PROHIBITED. VIOLATIONS OF THE ITAR OR EAR MAY BE SUBJECT TO BOTH CRIMINAL AND ADMINISTRATIVE PENALTIES UNDER THE ARMS EXPORT CONTROL ACT OF 1976 (AS AMENDED) AND THE EXPORT CONTROL REFORM ACT OF 2018 (50 U.S.C. §§ 4801-4852), RESPECTIVELY.”

Conflict Minerals Prevention

Supplier shall not unlawfully utilize material containing conflict minerals, nor engage with suppliers determined to be potentially engaging in commerce with armed groups in the Democratic Republic of the Congo (DRC) or any adjoining Covered Country, per Section 1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act. Supplier shall ensure compliance to applicable Conflict Minerals regulation, and attests to such compliance as part of acceptance of this purchase order.

Suspect and Counterfeit Parts Prevention

Supplier shall maintain and fully implement policies and procedures in compliance with IAQG AS5553 and IAQG AS6174, as applicable to this purchase order. Acceptance of this purchase order serves as a representation by the buyer of having established a complying material authenticity assurance plan.

If Supplier’s material authenticity assurance plan has not been designed and implemented in accordance with IAQG AS5553 and IAQG AS6174, Supplier shall notify Buyer, in writing, of the reasoning, context, basis, and procedures associated with Supplier’s material authenticity assurance plan for conditional approval at Buyer’s discretion.

Material components to be delivered to Buyer but which are not produced under this purchase order shall be acquired directly from the Original Equipment Manufacturer (OEM) / Original Component Manufacturer (OCM), or through the OEM / OCM’s authorized distributor chain.

Material components which are not produced under this purchase order shall not be acquired by Supplier and furnished to Buyer from independent distributors or brokers unless approved in advance and in writing by Buyer.

Supplier shall immediately notify Buyer with the pertinent facts if Supplier becomes aware that it has furnished suspect or counterfeit parts. Supplier shall provide Buyer’s authorized and empowered supply chain representative with any and all available information in a traceable manner, upon request.

Supplier shall furnish copies of all OEM / OCM documentation that authenticates traceability (up to and including testing validation methods), upon request.

Suspect counterfeit material shall be immediately quarantined to prevent material from (re)entering into the supply chain, until authenticity validation can be conducted and the material dispositioned by the appropriately responsible and empowered authority.

If Supplier is eligible for access, Supplier shall utilize the Government-Industry Data Exchange Program (GIDEP), and participate in the GIDEP process to alert industry of encountered counterfeit parts, and preclude the shipment of suspect or counterfeit parts for which a GIDEP Alert has been issued.

Supplier shall include this entire section, including this sentence, in any purchase orders generated in support of this purchase order.

Control of Nonconforming Material

Supplier shall have implemented a documented and auditable process for the control of nonconforming articles, including identification, physical control and segregation, and review with the appropriate parties.

Buyer does not extend Material Review Board (MRB) authority to Supplier, unless supplier is the design authority of their own proprietary product. In cases where Supplier is a legitimate MRB authority, an empowered representative of Buyer shall be included in MRB activities relevant to the subject of this purchase order.

When Supplier detects nonconformances with bespoke articles prior to shipment, Supplier shall submit notification and descriptions of the nonconformances to the Buyer’s appropriately empowered representative in writing within 48 hours of discovery.

Requests for Corrective Action

Supplier shall respond to Buyer’s requests for corrective action. Supplier’s response to any such request shall be completed within the requested response time, typically 30 days, and must include the root cause of the problem, the statement of the action taken to preclude a recurrence, and the effectiveness of the action.

Buyer may invoke and require the usage of standardized problem-solving methodologies or frameworks, and further require documented information establishing traceability to their satisfactory use.

Improper Resubmittal

Should Supplier resubmit articles which have been rejected by Buyer at or following receiving (such as after the completion of rework), such articles shall be clearly identified as resubmitted articles in accompanying documentation. Associated corrective action requests directed by Buyer shall be enumerated on the accompanying Certificate of Conformance. All documentation supporting the realization of corrective action to Buyer’s satisfaction shall be included in the shipment.

Product Impoundment and Financial Responsibility

If suspect / counterfeit / nonconforming materiel is furnished under this purchase agreement, such items shall be impounded. Supplier shall promptly replace such items with items acceptable to the Buyer and Supplier may be liable for all costs relating to impoundment, removal, and replacement. Buyer may turn such items over to Authority Having Jurisdiction for investigation and reserves the right to withhold payment for the suspect items pending the results of the investigation. Any known instances of fraud or attempted fraud shall be documented in writing to Buyer.

Penalties Associated with Fraud

This purchase order and activities hereunder are within the state jurisdiction of Florida, and the federal jurisdiction of the United States of America. Any knowing and willful act to falsify, conceal or alter a material fact, or any false, fraudulent or fictitious statement or representation in connection with the performance of work under this purchase order may be punishable in accordance with applicable legal statutes.

Supplier employees engaged in the performance of work under this purchase order shall be informed in writing prior to performance of work that there is a risk of criminal penalties associated with any falsification, concealment, or misrepresentation in connection with work performed under this purchase order.

Supplier shall include the following statement preprinted on each Certificate of Conformance initiated by Supplier and provided to the buyer in conjunction with this purchase order:

“The recording of false, fictitious or fraudulent statements or entries on this document may be punishable as a crime under Florida law Chapter 817, United States Federal statutes 18 U.S.C. §§ 287, 18 U.S.C. §§ 371, 18 U.S.C. §§ 1001, 18 U.S.C. § 1341, 18 U.S.C. § 1343, and the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, as well as any other lawfully prevailing statutes not enumerated.”

Supplier shall include all provisions of this contract clause, including this sentence, in all lower tier contracts under this order. Any inability or unwillingness of a lower-tier supplier to comply with this provision should be documented in writing and submitted to Buyer.”

Change Management

Aside from first-time purchases, the subject(s) of this purchase order shall, as applicable, be identical in configuration, form, fit, function, and performance to deliverables previously approved by Buyer.

Supplier shall not change any process, material, or procedure without the explicit and traceable authorization of Buyer’s appropriately empowered representative. Supplier shall notify Buyer of any proposed changes, including changes in design, materials, Commercial-Off-The-Shelf (COTS) and source-controlled items, fabrication methods or processes, or changes to plant configuration which may affect capacity, and any other change which may affect the on-time and in-full delivery of deliverables with identical form, fit, and function. Change notifications shall include appropriately comprehensive assessments of impact, with such assessments being developed by appropriately qualified parties. In the context of deliverables associated with this purchase order, all such changes must be approved by Buyer.

Documentation

Buyer may refuse delivery and / or acceptance of items if Supplier fails to submit required documentation, as described in these terms and conditions. At minimum, quality related documentation includes:

  • Certificates of Conformance.
  • Nonconformance Report (NCR) documents, in the event of any nonconformity.

As applicable, the following documentation is additionally required:

  • Inspection / Test / Verification Data.
  • Certificates of Conformance associated with supplied product, as further controlled by sections regarding material authenticity in these terms and conditions.
  • Raw Material Certifications, including chemical and physical test results and mill certifications.
  • Special Process Certifications. Supplier shall provide a certification to each of the special processes performed on the deliverables.
  • As-Built Configuration List.
  • Any additional required documentation and approval requirements described in the associated purchase order.

Measurement Management and Calibration System

Supplier shall maintain a calibration system that complies with ANSI Z540.1 or ISO 17025. Independent certification/registration is not required unless specified by buyer.

All measurement and test equipment used to qualify or otherwise establish product and associated characteristic conformity shall be traceable to NIST standards.

All measurement and test equipment used to qualify or otherwise establish product and associated characteristic conformity shall be appropriate for use in context.

Organizations that obtain certification/registration to ISO 17025 and subsequently change certification/registration bodies (CRB), lose registration status, or are put on notice of losing registration status, shall notify the buyer’s procuring organization(s) within three days of receiving such notice from its CRB.

Calibration service providers acting as Supplier or establishing the traceability of Buyer’s measurement and test equipment calibration to NIST standards under this purchase order shall be certified to ISO 17025 by an ILAC MRA signatory recognized accredited laboratory or inspection body based in the region in which Supplier operates. Note: such accredited registrars in the United States were A2LA, ANAB, IAS, NAC, NVLAP, or PJLA, as of 2024-09-06.

Calibration service providers shall provide to buyer any documented information, including processes and procedures, associated with calibration / validation operations and establishing measurement traceability to NIST standards within 72 hours upon request.

Supplier accepts responsibility to flow down the requirements of this section, in full, to Supplier’s calibration service providers and any sub-tier suppliers as a material aspect of acceptance of this purchase order, as applicable.

Record Retention

Unless otherwise stated on the purchase order, Supplier shall maintain records associated with this purchase order for 10 years. In the event Supplier can no longer maintain associated records, or dispositions records for destruction, Supplier shall contact an appropriately empowered and responsible authority of Buyer’s and facilitate the transfer of records to Buyer’s direct control.

Minimum Shelf Life, General

Unless otherwise specified or US DoD 41.40.27-M Section 2-12 (A) applies to the subject of this purchase order, Supplier shall only furnish shelf-life limited articles with a minimum of 80% life until expiration remaining at the time of receipt by Buyer.

Packaging & Shipping

Items described in their design, specification, manufacturers’ documentation, or regulation as requiring special packaging, marking, handling requirements, susceptibility to a given concern, or other controls shall be packaged, marked, and handled in accordance with those requirements and controls to preclude damage or deterioration to the product during shipment and upon receipt.

Handling, protection, or packaging shall not be accomplished using tapes or other mediums which incorporate glass or silica beads, such as present in nylon reinforced tape and various fillers.

No charges shall be added by Supplier for packing, boxing, cartage, or insurance which are not agreed upon as part of Suppliers acceptance of this purchase order.

Damages equivalent to full market value and time lost will be the full responsibility of Supplier for any material not appropriately packed which is damaged or otherwise made nonconforming to any extent in transit and receiving.

Delivery

Shipment shall be to the location directed by Buyer.

Title and risk of loss shall pass to Buyer upon receipt of articles at Buyer’s facility or third party drop shipment point, indicated as being the shipping location.

Excluding contexts beyond Supplier’s reasonable control, in the event of late delivery or the delivery of nonconforming materials not previously acknowledged and accepted for receipt in writing by the Buyer’s appropriately empowered representative, Buyer may terminate this order in-whole or in-part and transfer work at Supplier’s expense.

Termination for Convenience

Buyer may, at any time, terminate this contract or all or part of an order or agreement related to this contract for its convenience. In the event of termination for convenience, an appropriately empowered agent of Buyer shall deliver a Notice of Termination to Supplier, specifying the extent of termination and the effective date.

In the event of such termination, Supplier shall, in accordance with Buyer’s direction, immediately cease related work and cause any and all of Supplier’s subcontractors and providers to immediately cease related work, prepare and submit to Buyer an itemization of all completed and partially completed goods and services using Supplier’s standard rates and recordkeeping system, and, if requested by Buyer, complete and deliver to Buyer any goods and services in-process or finished at the pre termination order price.

Supplier shall continue all work and obligations under this contract not terminated by Buyer.

Buyer shall not be liable to Supplier for an order terminated prior to the commencement of realization.

In no event shall Buyer be liable for lost or anticipated profits, unabsorbed indirect costs or overhead, or for any sum in excess of the total contract price.

Termination for Default

In the event that Supplier fails to perform any obligation associated with this contract, including the total fulfillment of on-time and in-full delivery of entirely conforming product, becomes insolvent, or fails to provide adequate assurances of performance to Buyer within 5 days of Buyer’s request, Buyer may terminate this contract or all or part of an order or agreement related to this contract without liability or obligation whatsoever to Supplier for the portion terminated and any nonconforming product or services rendered, in-process, or delivered.

Supplier shall, within 10 days of termination for default, surrender in-full to Buyer all materials related to terminated portions this contract, including but not limited to work-in-process, nonconforming materials, raw materials, input articles, tooling, programs, and communications regarding the subject matter of the contract.

Buyer shall pay supplier the itemized cost as reflected in this contract for fully conforming articles which Buyer has accepted. Buyer shall not be liable to supplier for any other cost related to parts this contract terminated for default.

If it was determined that Supplier was not in default after termination for default under this contract, such termination shall be deemed a termination for convenience.

Supplier shall continue all work and obligations under this contract not terminated by Buyer.

Indemnity

Supplier shall defend, indemnify, and hold harmless Buyer, its members, officers, directors, employees, consultants, agents, affiliates, successors, permitted assigns, and customers from and against all losses, costs, claims, causes of action, damages, liabilities, and expenses, including attorney’s fees, all expenses of litigation and/or settlement, and court costs, arising from the performance of this contract, any related goods and services, or any act or omission of Supplier, its members, officers, employees, agents, suppliers, or subcontractors at any tier. Supplier’s indemnification obligation additionally covers, without limitation, injuries, sickness, diseases, or death of individuals working under Supplier’s control.

WHEREIN SUPPLIER IS A MANUFACTURER OF AEROSPACE OR DEFENSE ARTICLES, OR ANY FLIGHT HARDWARE OR GROUND TEST EQUIPMENT ASSOCIATED WITH FLIGHT HARDWARE IN THE CONTEXT OF RELATED PURCHASE ORDER

Quality Management System

Supplier shall have a quality management system that complies with AS9100, Quality Management Systems – Aerospace – Requirements for Aviation, Space, and Defense Organizations. Independent certification/registration is not required unless specified by buyer.

Organizations that obtain certification/registration to AS9100 and subsequently change certification/registration bodies (CRB), lose registration status, or are put on notice of losing registration status, shall notify the buyer’s procuring organization(s) within three days of receiving such notice from its CRB.

Production Process Verification / “First Article”

Wherein supplier is delivering a manufactured bespoke article or is otherwise required in writing on the associated purchase order, Supplier shall use a representative item from the first production run of a new part or assembly to verify that the production processes, production documentation, and tooling are able to produce parts and assemblies that meet requirements. This activity shall be repeated when changes occur that invalidate the original results (e.g., engineering changes, production process changes, tooling changes).

First Article Inspection (FAI) activities and reported data types shall conform to the requirements codified in IAQG AS9102. The usage of IAQG AS9102 forms is not required, provided all requirements of AS9102 are reported and satisfied, unless otherwise specified in this purchase order.

Unauthorized Submittal of Production Parts

When Production Process Verification / “First Article” is applicable, Supplier shall not submit parts from a production run prior to Buyer’s approval of the “First Article” activity, unless otherwise authorized by Buyer’s appropriately empowered representative.

Minimum Shelf Life, Manufacturer of Aerospace and Defense Articles

If indicated on this purchase order or the subject of this purchase order is regulated by US DoD, DoD 41.40.27-M Section 2-12 (A) applies.

If the subject of this purchase order is not subordinate to US DoD 41.40.27-M Section 2-12, Supplier shall only furnish shelf-life limited articles with a minimum of 80% life until expiration remaining at the time of receipt by Buyer, unless otherwise agreed to in writing by Buyer’s appropriately empowered representative.

Work Transfer

In the event that Supplier fails to perform any obligation associated with this contract, including the total fulfillment of on-time and in-full delivery of entirely conforming product, becomes insolvent, or fails to provide adequate assurances of performance to Buyer within 5 days of Buyer’s request, Buyer may transfer all or part of an order or agreement related to this contract without liability or obligation whatsoever to Supplier for the portion transferred.

At the direction of Buyer, Supplier shall package and ship any work-in-progress or property of Buyer, at Buyer’s expense.

Additionally, at the direction of Buyer, Supplier shall transfer any documented information associated with this purchase order and its fulfillment.

Supplier shall continue all work and obligations under this contract not transferred by Buyer.

WHEREIN SUPPLIER IS A DISTRIBUTOR OF FLIGHT HARDWARE OR GROUND TEST EQUIPMENT ASSOCIATED WITH FLIGHT HARDWARE IN THE CONTEXT OF RELATED PURCHASE ORDER

Quality Management System

Supplier shall have a quality management system that complies with AS9120, Quality Management Systems – Aerospace – Requirements for Stocklist Distributors. Independent certification/registration is not required unless specified by buyer.

Organizations that obtain certification/registration to AS9120 and subsequently change certification/registration bodies (CRB), lose registration status, or are put on notice of losing registration status, shall notify the buyer’s procuring organization(s) within three days of receiving such notice from its CRB.

WHEREIN SUPPLIER IS A MATERIAL PROVIDER IN THE CONTEXT OF RELATED PURCHASE ORDER

Guarantee of Materiel Source(s)

Supplier shall ensure that only new and authentic materials are used in material delivered to Buyer. Supplier may only purchase or provision material sold to Buyer directly from original manufacturers, manufacturer franchised distributors, or authorized aftermarket manufacturers.

Use of materiel that was not provided by these sources is not authorized unless first approved in writing by Buyer. Supplier must present compelling support for its request (e.g., original manufacturer documentation that authenticates traceability of the materiel to the original manufacturer), and include in its request all actions to ensure the materiel thus procured is authentic and conforming.

Supply Chain Traceability

Supplier shall maintain a method of commodity and item level traceability that ensures tracking of the supply chain back to the manufacturer of all material being delivered per this order. This traceability method shall clearly identify the name and location of all of the supply chain intermediaries from the manufacturer to the direct source of the materiel for Supplier and shall include the manufacturer’s commodity or item level identification for the item(s) such as date codes, lot codes, heat codes, serializations, unique item identifiers, or batch identifications.

Certificate of Conformance and Traceability (U.S. Department of Defense Contracts)

This clause is applicable to all contracts for Qualified Products List (QPL) or Qualified Manufacturers List (QML)-controlled material. This clause applies regardless of the point of inspection designated in the contract award. This clause applies both to contracts awarded directly to a manufacturer listed on the applicable QPL/QML and to suppliers (e.g., distributors) not listed as approved manufacturers on the applicable QPL/QML.

The material supplied must be in strict conformance to the requirements set forth and/or referenced in the item description, including applicable revisions and slash sheets. To ensure this conformance, the contractor must provide a Certificate of Conformance and Traceability (CoC/T) with the information and documentation required by the applicable specification. This documentation must reference the contract number and include a certification signed by the approved QPL/QML manufacturer. In addition, if the material is not procured directly from the approved manufacturer, all additional documentation required by the specification must be provided to establish traceability from the QPL/QML manufacturer through delivery to the Government. The CoC/T is required to determine acceptability of the supplies. If the CoC/T is not provided, is incomplete or otherwise unacceptable, the supplies will be determined not to meet contract requirements and will be rejected.

If the contract requires inspection and acceptance at origin, the contractor shall furnish the original and two copies of the CoC/T to the Government Quality Assurance Representative (QAR) with the items offered for acceptance. The CoC/T must clearly reference the applicable contract number. The contractor shall submit one signed copy to the contracting officer. The second copy shall be retained by the QAR. The original shall be maintained by the contractor.

If the contract requires inspection and acceptance at destination, the contractor shall mail one copy of the CoC/T to the contracting officer upon shipment/delivery. The CoC/T must clearly reference the applicable contract number.

WHEREIN SUPPLIER IS AN INDEPENDENT DISTRIBUTOR IN THE CONTEXT OF RELATED PURCHASE ORDER

Test and Inspection Requirements of Inputs / Purchased Material

Supplier shall establish and implement test and inspection activities necessary to assure the authenticity and conformance of purchased materiel, including:

  • Traceability and documentation verification;
  • Visual examination
  • Tests and inspections.

Tests and inspections shall be performed in accordance with clearly delineated accept/reject criteria provided or approved by Buyer. Supplier shall prepare and provide to the Buyer records evidencing tests and inspections performed and conformance of the materiel to specified acceptance criteria.

Tests and inspections should be performed by persons that have been trained and qualified concerning detection of the types and means of counterfeiting and how to conduct effective product authentication.

Supply Chain Traceability

Supplier shall maintain a method of commodity and item level traceability that ensures tracking of the supply chain back to the manufacturer of the materiel being delivered per this order. This traceability method shall clearly identify the name and location of all of the supply chain intermediaries from the manufacturer to the direct source of the materiel for Supplier, and shall include the manufacturer’s commodity or item level identification for the item(s) such as date codes, lot codes, heat codes, serializations, unique item identifiers, or batch identifications.

Certificate of Conformance

Supplier shall approve, retain, and provide copies of Certificates of Conformance (CoC). Manufacturer CoCs shall, at minimum, include the following:

  1. Manufacturer name and address;
  2. Manufacturer and/or buyer’s part number and dash number, group number, or similar;
  3. Commodity or item level identification for the item(s) such as date codes, lot codes, heat codes, serializations, unique item identifiers, or batch identifications;
  4. Signature or stamp with title of Supplier’s authorized personnel signing the certificate.

Distributors shall, in addition to the above, include Supplier’s name for each part shipped.

Certificate of Authenticity

Supplier shall approve, retain, and provide copies of Certificates of Authenticity (CoAuth).

Manufacturer CoAuths shall, at minimum, include the following:

  1. Contract Number;
  2. Manufacturer name and address;
  3. Manufacturer and/or buyer’s part number and dash number, group number, or similar;
  4. Item Nomenclature, Quantity, Unit of Measure;
  5. Actual Manufacturer CAGE Code;
  6. Design Control Activity CAGE Code.