EMP7.4.2F0004 Rev A Clauses Incorporated by Reference CLAUSES INCORPORATED BY REFERENCE
The following clauses of the Federal Acquisition Regulations (FAR) and the Department of Defense FAR Supplement (DFAR), or any reasonable revision or supplement thereof deemed necessary by Essex with respect to such regulations, and whenever included in Essex’s Prime Contract or Government Subcontract, are hereby incorporated into this Purchase Order as if set out in full. The obligations of the Contractor to the Government shall be deemed to be the obligations of the Seller to Essex or, when applicable, to the Government. Clauses referenced below shall be those in effect on the date of the Government Prime Contract. Whenever necessary to make the context of the Clauses applicable to this Purchase Order, the terms “Contractor” and “Offeror” shall mean Essex; the terms “Contract” and “Offer” shall mean this Purchase Order; and the terms “Government” and “Contracting Officer” shall mean Essex, except that “Government” and “Contracting Officer” do not change in the following: (1) the phrases “Government Property,” “Government-Owned Property,” “Government Equipment,” “Government-Furnished Property” and “Government-owned Equipment”; (2) when a right, act, authorization or obligation can be granted or performed only by the Government, the Contracting Officer or his authorized representative; (3) when access to proprietary financial information or other proprietary data is required; (4) when title to property is to be transferred directly to the Government; (5) where specifically modified as noted below; and (6) FAR §52.203-6, 52.227-1, 52.227-2.

52.203-3 Gratuities 52.203-5 Covenant Against Contingent Fees 52.203-6 Restrictions on Subcontractor Sales to the Government 52.203-7 Anti-Kickback Procedures [omit para. (c)(1)] 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions 52.203-12 Limitation on Payments to Influence Certain Federal Transactions 52.204-2 Security Requirements [“Government” stays in para. (c)] 52.208-8 Helium Requirements Forecast and Required Sources for Helium 52.209-6 Protecting the Government’s Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment 52.211-5 Material Requirements 52.211-15 Defense Priority and Allocation Requirements 52.214-26 Audit and Records--Sealed Bidding 52.214-27 Price Reduction for Defective Cost or Pricing Data-- Modifications--Sealed Bidding 52.215-2 Audit and Records--Negotiation 52.215-10 Price Reduction for Defective Cost or Pricing Data 52.215-11 Price Reduction for Defective Cost or Pricing Data - Modifications 52.215-12 Subcontractor Cost or Pricing Data 52.215-13 Subcontractor Cost or Pricing Data--Modifications 52.215-14 Integrity of Unit Prices [omit para. (c) but include Alternative I] 52.217-6 Option for Increased Quantity 52.217-7 Option for Increased Quantity--Separately Priced Line Item 52.219-8 Utilization of Small Business Concerns 52.219-9 Small Business Subcontracting Plan 52.222-1 Notice to the Government of Labor Disputes 52.222-4 Contract Work Hours and Safety Standards Act--Overtime Compensation [Seller shall include in all lower tier subcontracts] 52.222-20 Walsh-Healey Public Contracts Act 52.222-21 Certification of Nonsegregated Facilities 52.222-26 Equal Opportunity 52.222-35 Affirmative Action for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans 52.222-36 Affirmative Action for Workers with Disabilities 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans 52.222-41 Service Contract Act of 1965, as Amended 52.223-3 Hazardous Material Identification and Material Safety Data 52.223-7 Notice of Radioactive Materials [insert 90 days] 52.223-11 Ozone-Depleting Substances 52.223-14 Toxic Chemical Release Reporting 52.225-1 Buy American Act--Supplies 52.225-2 Buy American Act--Balance of Payments Program Certificate 52.225-3 Buy American Act--North American Free Trade Agreement- -Israeli Trade Act--Balance of Payments Program 52.225-5 Trade Agreements 52.225-8 Duty-Free Entry

52.225-13 Restrictions on Certain Foreign Purchases 52.227-1 Authorization and Consent 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement 52.227-3 Patent Indemnity [“Government” includes Essex] 52.227-9 Refund of Royalties 52.227-10 Filing of Patent Applications--Classified Subject Matter 52.227-11 Patent Rights--Retention by the Contractor (Short Form) 52.227-12 Patent Rights--Retention by the Contractor (Long Form) 52.227-13 Patent Rights--Acquisition by the Government 52.227-14 Rights in Data--General 52.229-3 Federal, State, and Local Taxes 52.232-11 Extras 52.233-3 Protest after Award 52.242-13 Bankruptcy 52.242-15 Stop Work 52.244-6 Subcontracts for Commercial Items 52.245-2 Government Property (Fixed Price Contracts) 52.245-17 Special Tooling 52.245-18 Special Test Equipment 52.246-2 Inspection of Supplies--Fixed Price [“Government” includes Essex] 52.246-4 Inspection of Services--Fixed Price 52.246-16 Responsibility for Supplies 52.248-1 Value Engineering 252.203-7001 Prohibition on Persons Convicted of Fraud or other Defense-Contract-Related Felonies 252.204-7000 Disclosure of Information 252.208-7000 Intent to Furnish Precious Metals as Government- Furnished Material 252.209-7000 Acquisition from Subcontractors Subject to On-Site Inspection under the Intermediate-Range Nuclear Forces (INF) Treaty 252.219-7003 Small, Small Disadvantaged and Women-Owned Small Business Subcontracting Plan (DOD Contracts) 252.219-7004 Small Business and Small Disadvantaged Business Subcontracting Plan (Test Program) 252.223-7001 Hazard Warning Labels 252.223-7002 Safety Precautions for Ammunition & Explosives 252.225-7001 Buy American Act and Balance of Payments Program 252.225-7009 Duty-Free Entry--Qualifying Country Supplies (End Products and Components) 252.225-7010 Duty-Free Entry--Additional Provisions 252.225-7012 Preference for Certain Domestic Commodities 252.225-7014 Preference for Domestic Specialty Metals [Alternate I] 252.225-7016 Restriction on Acquisition of Ball and Roller Bearings 252.225-7022 Restriction on Acquisition of Polyacrylonitrile (PAN) Carbon Fiber 252.225-7030 Restriction on Acquisition of Carbon, Alloy, and Armor Steel Plate 252.227-7036 Declaration of Technical Data Conformity 252.243-7001 Pricing of Contract Modifications 252.245-7001 Reports of Government Property 252.247-7023 Transportation of Supplies by Sea 252.247-7024 Notification of Transportation of Supplies by Sea

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