Federal Acquisition Regulations ("FARs") and
Defense Federal Acquisition Regulations ("DFARs")

Supplier agrees that the following Federal Acquisition Regulations (“FARs”) and Defense Federal Acquisition Regulations (“DFARs”) are incorporated by reference, as applicable, into any MKS’ and its affiliates’ PO and the MKS Instruments, Inc., Terms and Conditions of Purchase found at: https://www.mks.com/terms-and-conditions-of-purchase

FAR Clauses

Clause Description
52.203-3 Gratuities
52.203-6 Restrictions on Subcontractor Sales to the Government
52.203-7 Anti-Kickback Procedures (May 2014). Clause applies for contracts of $150,000 or more.
52.203-12 Limitations on Payments to Influence Certain Federal Transactions (October 2010). Clause applies for contracts of $150,000 or more.
52.203-13 Contractor’s Code of Business Ethics and Conduct
52.203-15 Whistleblower Protections under the American Recovery and Reinvestment Act of 2009
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements
52.204-2 Security Requirements (applicable if access to classified material is involved)
52.204-27 Prohibition on a ByteDance Covered Application
52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) (Applies where MKS will have physical access to a federally-controlled facility or access to a federal information system.)
52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Jun 2016) (Applies unless MKS is furnishing commercially available off-the-shelf items.)
52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (July 2018)
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment
52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (Applies if the contract exceeds $35,000 except does not apply if this Contract is for commercial off the shelf items.)
52.215-2 Audit and Records -- Negotiation
52.219-8 Utilization of Small Business Concerns
52.222-4 Contract Work Hours and Safety Standards Act -- Overtime Compensation
52.222-21 Prohibition of Segregated Facilities (April 2015)
52.222-26 Equal Opportunity (September 2016)
52.222-35 Equal Opportunity for Veterans (October 2015). This clause applies for contracts of $150,000 or more.
52.222-36 Equal Opportunity for Workers with Disabilities (July 2014). This clause applies to contracts of $15,000 or more.
52.222-37 Employment Reports on Veterans. This clause applies for contracts of $150,000 or more.
52.222-40 Notification of Employee Rights under the National Labor Relations Act (December 2010). This clause applies for contracts of $10,000 or more.
52.222-50 Combating Trafficking in Persons (March 2015)
52.222-54 Employment Eligibility Verification (October 2015)
52.222-55 Minimum Wages under Executive Order 13658 (December 2015)
52.222-62 Paid Sick Leave under Executive Order 13706
52.223-3 Hazardous Material Identification and Material Safety Data (Jan 1997) (Applies if the contract involves hazardous material.)
52.223-6 Drug-Free Workplace
52.223-7 Notice of Radioactive Materials (applicable if radioactive materials are involved)
52.223-11 Ozone-Depleting Substances (Jun 2016) (Applies if the item is manufactured with or contains ozone-depleting substances.)
52.224-2 Privacy Act (applicable if vendor is supplying design, development, or operation of a system of records on individuals)
52.224-3 Privacy Training (January 2017). Clause specifics applicability in paragraph (f).
52.225-1 Buy American Act -- Supplies (May 2014)
52.225-3 Buy American Act – Free Trade Agreements – Israeli Trade Act
52.225-5 Trade Agreements (Oct 2016)
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
52.227-10 Filing of Patent Applications -- Classified Subject Matter
52.227-11 Patent Rights -- Retention by the Contractor
52.227-14 Rights in Data – General
52.227-19 Commercial Computer Software-Restricted Rights (Dec 2007)
52.244-6 Subcontract for Commercial Items and Commercial Components (non-commercial supplies or services)
52.247-63 Preference for U.S.-Flag Air Carriers
52-247-64 Preference for Privately Owned U.S Flag Commercial Vessels (February 2006)

DFAR Clauses

Clause Description
252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense Contract Related Felonies
252.203-7002 Requirement to Inform Employees of Whistleblower Rights
252.203-7003 Agency Office of the Inspector General (Dec 2012)
252.203-7007 Prohibition on Persons Convicted of fraud or Other Defense-Contract Related Felonies (not applicable for commercial items) (applicable if at or in excess of the simplified acquisition threshold)
252.204-7000 Disclosure of Information
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (October 2016)
252.204.7015 Notice of Authorized Disclosures of Information to Litigation Support Contractors
252.223-7008 Prohibition of Hexavalent Chromium
252.225-7001 Buy American and Balance of Payments Program (DEC 2016) (Applies if the item contains other than domestic components. Applies in lieu of FAR 52.225-1.)
252.225-7007 Prohibition on Acquisition of United States Munitions List Items from Communist Chinese Military Companies
252.225-7009 Restriction on Acquisition of Certain Articles Containing Specialty Metals (Oct 2014) (Applies if the item to be furnished contains specialty metals.)
252.225-7012 Preference for Certain Domestic Commodities (Dec 2016)
252.225-7021 Trade Agreements (Dec 2016) (Applies if the item contains other than U.S.-made, qualifying country, or designated country end products.)
252.225-7048 Export-Controlled Items (June 2013)
252.227-7013 Rights in Technical Data -- Noncommercial Items
252.227-7014 Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation
252.227-7015 Technical Data – Commercial Items (Feb 2014)
252.227-7019 Validation of Asserted Restrictions – Computer Software (Sep 2016)
252.227-7037 Validation of Restrictive Markings on Technical Data (September 2016)
252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns. Clause applies for contracts of $500,000 or more.
252.227-7016 Rights in Bid or Proposal Information
252.244-7000 Subcontracts for Commercial Items (Jun 2013)
252.246-7003 Notification of Potential Safety Issues (Jun 2013) (Applies if contract is for (i) parts identified as critical safety items; (ii) systems and subsystems, assemblies, and subassemblies integral to a system; or (iii) repair, maintenance, logistics support, or overhaul services for systems and subsystems, assemblies, subassemblies, and parts integral to a system.)
252.246-7007 Contractor Counterfeit Electronic Part Detection and Avoidance System (Aug 2016)
252.246-7008 Sources of Electronic Parts (Oct 2016)
252.247-7023 Transportation of Supplies by Sea – Basic (Apr 2014)
252.247-7024 Notification of Transportation of Supplies by Sea (Mar 2000)
252.249-7002 Notification of Anticipated Contract Termination or Reduction (Oct 2015)

Revision 5 – 9.11.23