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47QSMD20R0001 Refresh: 0009 Section III A. Terms and Conditions Related to Schedule Contract Administration <br />(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, <br />executive orders, rules and regulations applicable to its performance under this contract. <br />(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 <br />U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal <br />contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chanter 37, Contract Work Hours <br />and Safety Standards; 41 U.S.C. chanter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to <br />whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chaff relating to <br />procurement integrity. <br />(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving <br />precedence in the following order: <br />(1) The schedule of supplies/services. <br />(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws <br />Unique to Government Contracts, Unauthorized Obligations, and Commercial Supplier <br />Agreements — Unenforceable Clauses paragraphs of this clause. <br />(3) The clause at 52.212-5. <br />(4) Addenda to this solicitation or contract, including any commercial supplier agreements as <br />amended by the Commercial Supplier Agreements — Unenforceable Clauses provision. <br />(5) Solicitation provisions if this is a solicitation. <br />(6) Other paragraphs of this clause. <br />(7) The Standard Form 1449. <br />(8) Other documents, exhibits, and attachments. <br />(9) The specification. <br />(t) [Reserved] <br />(u) Unauthorized Obligations. <br />(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under <br />this contract is subject to any commercial supplier agreement (as defined in 502.101) that <br />includes any language, provision, or clause requiring the Government to pay any future fees, <br />penalties, interest, legal costs or to indemnify the Contractor or any person or entity for damages, <br />costs, fees, or any other loss or liability that would create an Anti -Deficiency Act violation (31 <br />U.S.C. 1341), the following shall govern: <br />(i) Any such language, provision, or clause is unenforceable against the Government. <br />(ii) Neither the Government nor any Government authorized end user shall be deemed to <br />have agreed to such clause by virtue of it appearing in the commercial supplier <br />agreement. If the commercial supplier agreement is invoked through an "I agree" click <br />box or other comparable mechanism (e.g., "click -wrap" or "browse -wrap" agreements), <br />execution does not bind the Government or any Government authorized end user to such <br />clause. <br />(iii) Any such language, provision, or clause is deemed to be stricken from the <br />commercial supplier agreement. <br />Page: 84 of 141 <br />