TERMS AND CONDITIONS
(1) APPLICABLE LAW – This Agreement shall be construed and interpreted solely in accordance with the laws of the State of Indiana; provided, however that any Purchase Order issued under a U.S. Government prime contract shall be construed and interpreted in accordance with Federal law relating to U.S. Government prime contracts.
(2) COMPLIANCE WITH GOVERNMENT STATUTES AND REGULATIONS – The seller warrants and certifies that in the performance of this contract it has complied with or will comply with all applicable statues, rules, regulations and orders of the United States, and any state or political subdivision thereof, including laws and regulations pertaining to labor, wages, hours and other conditions of employment, and applicable price ceilings, if any, and that the goods or services delivered hereunder shall be produced or performed in compliance with the Fair Labor Standards Act.
(3) AFFIRMATIVE ACTION – Work under this contract may be subject to the provisions of certain Executive Orders, laws and regulations. To the extent that such Executive Orders, laws and regulations apply to the work under this contract, and only to that extent, the contractor agrees to comply with the provisions of all such Executive Orders, laws and associated regulations as now in force or hereinafter amended, including, but not limited to, the following: (1) EQUAL EMPLOYMENT OPPORTUNITY PROVISIONS – In accordance with Executive Order 11246, dated September 24, 1965, and 41 C.F.R. part 60-1.4, the parties incorporate herein by this reference the regulations and contract clauses required by those provisions to be made a part of nonexempt contracts and subcontracts. (2) CERTIFICATION OF NONSEGREGATED FACILITIES – In accordance with Executive Order 11246, dated September 24, 1965, and 41 C.F.R part 60-1.8, Contractor certifies that is does not and will not maintain or provide for its employees any facilities segregated on the basis of race, color, religion, sex, or national origin at any of its establishments, and that is does not and will not permit its employees to perform their services at any location, under its control, where such segregated facilities are maintained. The term “facilities” as used herein means waiting rooms, work area, restaurants and other eating areas, time clocks, restrooms, wash rooms, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, provide that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. Contractor will obtain similar certification from proposed subcontractors prior to the award of any non-exempt subcontract. (3) CERTIFICATION OF AFFIRMATIVE ACTION PROGRAM – Contractor certifies that it has developed and is maintaining an Affirmative Action Plan as required by 41 C.F.R. part 60-1.40. (4) CERTIFICATION OF FILING – Contractor certifies that it will file annually, on or before the 31st day of March, complete and accurate records on Standard Form 100 (EEO-1) or such forms as may be promulgated in its place, as required by 41 C.F.R part 60-1.7. (5) AFFIRMATIVE ACTION FOR DISABLED VETERANS OF THE VIETNAM ERA – In accordance with Executive Order 11701, dated January 24, 1973 and by 41 C.F.R. part 60-250.20, the parties incorporate herein by this reference the regulations and contract clauses required by those provisions to be made a part of Government contracts and subcontracts. (6) AFFIRMATIVE ACTION FOR HANDICAPPED PERSONS – In accordance with Executive Order 11758, dated January 15, 1974, and 41 C.F.R. part 60-7.41.20, the parties incorporate herein by this reference the regulations and contract clauses required by those provisions to be made a part of Government contracts and subcontracts.
(4) HAZARDOUS MATERIALS – A Material Safety Data Sheet must be supplied if applicable to this purchase.