Avnet Electronics Marketing Americas Purchase Order Flowdowns
GOVERNMENT SUBCONTRACT COMPLIANCE
A. To the extent that Supplier is delivering electronic parts as defined by DFARS 252.246-7007, Supplier warrants and represents that it maintains a counterfeit electronic part detection and avoidance system that complies fully with the requirements of DFARS 252.246-7007.
B. Avnet and its customers may, in their discretion, sell Supplier’s Products (including supplies, software, documentations or services) to the U.S. Government. Supplier warrants and represents that its Products are “commercial items” as that term is defined at 48 C.F.R. § 2.101. Supplier shall promptly notify Avnet in the event a Product does not qualify as a “commercial item.”
C. As applicable, the Federal Acquisition Regulation (“FAR”) clauses set forth in FAR 52.244-6 shall be incorporated in this Purchase Order. In addition, Supplier shall, as applicable, comply with the following provisions of the FAR and Department of Defense FAR Supplement (“DFARS”), which are incorporated herein: FAR 52.222-17, FAR 52.222-41, DFARS 252.204-7012, DFARS 252.211-7003, DFARS 252.223-7008, DFARS 252.225-7001, DFARS 252.225-7007, DFARS 252.225-7009, DFARS 252.227-7013, DFARS 252.227-7015, DFARS 252.227-7037, 252.236-7013, DFARS 252.244-7000, DFARS 252.246-7001, DFARS 252.246-7003, DFARS 252.246-7007, 252.247-7003, DFARS 252.247-7023, and DFARS 252.247-7024 and any additional agency FAR supplement clauses necessary for Avnet to satisfy its contractual obligations with its customers. These FAR and DFARS clauses shall be interpreted and construed in such a manner as to recognize and give effect to the contractual relationship between Avnet and Supplier and applicable flow-down obligations under the FAR and DFARS. Supplier agrees that Avnet may flow down the FAR, DFARS and agency clauses set forth in this Section on purchase orders regardless of any terms in the Agreement disclaiming the applicability of additional purchase order terms and conditions.
D. Should U.S. Government end users acquire Products that consist of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. § 12.212, their rights will be consistent with those rights set forth in 48 C.F.R. § 12.212 which generally limits their rights to the licenses customarily provided by Supplier to the public.
E. Supplier shall comply with all applicable provisions of Executive Order 11246 and of the rules, regulations and relevant orders of the U.S. Department of Labor pertaining to equal employment opportunity and affirmative action. As applicable, Supplier and its subcontractors shall abide by the requirements of 41 C.F.R. § 60-300.5(a). This regulation prohibits discrimination against qualified protected veterans, and requires affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified protected veterans. As applicable, Supplier and its subcontractors shall abide by the requirements of 41 C.F.R. § 60-741.5(a). This regulation prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified individuals with disabilities.
F. In accordance with FAR 52.209-6, Supplier represents and warrants that neither Supplier, nor any of its principals, have been debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any federal agency. Supplier shall promptly notify Avnet in the event that the foregoing statement is no longer correct.
The following requirements are applicable unless otherwise specified on the purchase order. Any exceptions to these requirements require written approval from Avnet and/or Avnet's customer.
All applicable requirements that are invoked or applied to the Avnet's purchasing document, including this clause, shall be flowed down to the supplier's sub-tier suppliers.
At minimum the Supplier shall maintain a quality management system which complies with the requirements of the latest revision of ISO 9001. Additional Quality System requirements may be imposed based on contractual flow down from our customers.
Right of Access
The Supplier shall after prior agreement of the parties on the date of such an inspection, grant Avnet, our customer, and/or any regulatory authority access to the applicable facilities, at any level of the supply chain involved in the order, and to all applicable records. The supplier shall make available a duly qualified member/s of their staff for the duration of the inspection visit.
Certificate of Conformance
Supplier's shipments of product will include Certificate of Conformance (C of C). Supplier C of C’s will be legible, reproducible, and include at a minimum, the following information:
- Manufacturer name and address
- Avnet’s name and address
- Supplier part number and revision
- Drawing number and revision
- Avnet’s purchase order number
- Date/lot code
- When Applicable: Other important product specific data (Serial No., MSL/PBT, luminosity, Cage Code, etc.)
- Statement of certification to the applicable manufacturer, military, government, and/or industry specification or drawing
- Signature of authorized quality representative
Product Change Notification
Any changes (e.g. Product Change Notification (PCN), Product Alerts, Product recalls) to design, facilities (including change in manufacturing location), materials or processes at the organization or the organizations sub-tier that could affect any products ordered (including form, fit, function or product availability) within the past 24 months will be forwarded to Avnet in a reasonable time frame. This applies for product discontinuance notes (PDN) and products becoming obsolete as well. All notifications should be provided in an Excel format and need to include the following information:
- Avnet complete part number and/or Supplier part number (if different)
- Last time buy date
- Last time return date
- Last time ship date
- Order non-cancelable date
- Original notification date and revision date (if applicable)
- Last date the factory will accept returns
- Manufacturer replacement part, if available
- This data can also be incorporated into the Supplier´s price file feed
- Complete new P/N
- Description of change
- Reason for change
- Date of change
- ECN/PCN reference
- Effect of change
All product must be handled, preserved, and packaged in a manner which minimizes or prevents damage, deterioration or environmental contamination. The following minimum packaging requirements apply:
- Products must be shipped in proper-sized containers and packaging to ensure that all products delivered arrive undamaged
- Unless otherwise specified via specific customer requirements, packaging shall be in accordance with “Best Packaging Practices” as applicable.
- Pallets must allow for trouble-free unloading from the transport vehicle through hand-operated floor truck
- Product, pallets, boxes, and packaging must be in a clean condition, free of debris and degrading materials
- Objects (e.g. papers, laces, coverings) that exceed the external dimensions of the packaging are to be removed before shipment
- The supplier is held liable for quality problems due to damaged or contaminated packaging
- ESD protection: particularly the delivery of electronic components must in principle comply with EN 61340-5-1 & 2 and JESD625. These norms deal with the protection of electronic devices against damages resulting from electrostatic discharge. Use conductive and anti-static materials in the packaging of electrostatic-sensitive components in accordance with MIL-PRF-81705
- Handle, package, and identify moisture sensitive plastic encapsulated surface mount devices according to IPC/JEDEC J-STD-033
- Packaging will meet recognized environmental requirements and regulations
- Packaging must not contain / be treated with DiMethyl Fumarate as anti-mold agent
- The use of staples is prohibited from use on any internal packaging directly touching product
- Supplier will not use any package or material technique that is known to introduce material defects
The supplier is responsible for ensuring that ESD sensitive product is manufactured, tested, handled, and identified in accordance with MIL-STD-1686, EIA JESD625, ANSI/ESD S20.20, or equivalent. The Supplier shall maintain an ESD program in accordance with MIL-STD-1686, MIL-HDBK-263, EIA -JESD-625, ESD S20.20 or equivalent.
The supplier is responsible for ensuring that moisture sensitive product is manufactured, tested, handled, and identified in accordance with IPC/JEDEC J-STD-033.
Supplier warrants and represents, having designated Avnet as a legally authorized distributor of its Products for each Product delivered to Avnet, that it is either (i) the original equipment manufacturer (“OEM”), of the Product, (ii) the original component manufacturer (“OCM”) of the Product, or (iii) a franchised or authorized distributor of the OEM/OCM for the Products. Supplier further warrants and represents that OEM/OCM traceable certificates of origin and compliance pertaining to each Product that enable tracking back to the original manufacturer are available upon request. If Supplier is not the OEM/OCM or a franchised or authorized distributor of the OEM/OCM, it confirms by acceptance of orders hereunder that the Products have been procured from the OEM/OCM or a franchised or authorized distributor of the OEM/OCM.
Supplier warrants and represents, with each Product delivery, that (i) such delivery only consists of authentic Products and new Products (meaning not previously installed, applied, powered in a board) containing authentic materials and the Products delivered are not counterfeit; (ii) Accurate OEM /OCM acquisition documentation that authenticates traceability material and Products(s) is available upon request; (ii) Supplier maintains an effective quality management system and a counterfeit protection plan that aligns with AS5553 requirements.
All records required under the terms of this purchase order and which document the quality of the items provided shall be retained for a minimum of 4 years after shipment unless otherwise specified in the purchase order or the contract. Applicable records include any documentation which may be utilized as objective evidence that the product meets contractual requirements and documentation needed to demonstrate product traceability. Records held for the required retention period shall not be destroyed without Avnet's written concurrence.
Non-Conforming Product Notification
Supplier will notify Avnet Material Management, Quality Management, and appropriate division management organizations in writing of any quality or reliability problems discovered regarding any product Supplier has shipped to Avnet, or on Avnet´s behalf as a drop ship.
- Follow the Supplier policy for returning non-conforming (defective, DOA) product.
- Debit Supplier for the full value of any non-conforming product shipped back.
Replacement of non-conforming product, if required, will be regarded as a priority order and shipped within one (1) business day of receipt of order (subject to availability of inventory). Avnet may require on-site Supplier support to resolve non-conforming product issues. In that case, the Supplier will send a representative(s) to the Avnet location.
Substitute parts shall not be used for parts specified on this purchase order without written authorization from Avnet and/or its customer.
Corrective Action / Failure Analysis
Supplier agrees to provide a formal response to Avnet corrective action/failure analysis requests within the timeframe indicated on the request. Avnet reserves the right to accept or reject back to the supplier corrective action responses that are deemed not acceptable by Avnet or by their customer.
Foreign Object Debris/Damage (FOD)
Supplier shall develop and maintain a Foreign Object Debris/Damage prevention program for manufacturing areas. The intention is to prevent introduction of foreign objects into any item delivered under this purchase order (PO). The program shall be proportional to the sensitivity of the design of the product(s) to FOD, as well as, to the FOD generating potential of the manufacturing methods. National Aerospace Standard 412 (NAS412) is available as a guideline.
Supplier shall be responsible for the calibration, accuracy, validation, and maintenance of any equipment, tooling, or gauges utilized by supplier to produce, inspect, or test articles to be delivered under this purchasing document. Supplier's equipment calibration system shall be in compliance with one of the following requirements: MIL-STD-45662, ANSI/NCSL Z540-1, ISO 10012-1, or AS9100.