Re: Government regulations

rickman wrote:
On Aug 12, 6:33 pm, Tim Wescott <t...@xxxxxxxxxxxxxxxx> wrote:
rickman wrote:
I have done work before for government contractors, but I have never
had to handle any paperwork that is typically required of larger
corporations. I currently am supplying boards with an annual dollar
value that will total more than a threshold that appears to be set not
by government regulation, but by a company who is acting as a middle
man in the procurement process. As such, they are asking me to make
certifications, comply with regulations and provide "reports"
according to:
41 C.F.R. § 60-1.4(a), or its successors
41 C.F.R. § 60-1.4(d)
41 C.F.R. § 60-1.7, or its successors
41 C.F.R. § 61-250.10
41 C.F.R. § 61-300.10, or its successors
41 C.F.R. § 60-300.5(a)
41 C.F.R. § 60-300.5(d)
41 C.F.R. § 60-741.5(a)
41 C.F.R. § 60-741.5(d)
I have looked at a couple of these and they seem pretty innocuous
except for the parts that talk about reports and including the same
language in any "contract" that I make with others. I don't think I
have the pull to get my vendors to sign anything other than the checks
I mail them.
At least one of these exempts companies that have fewer than some
number of employees, so I would have an out there. But others don't
seem to have that.
This seems rather an onerous burden for a small company to bear.
Anyone here have experience with this sort of thing? Is there a
general escape clause for very small companies or do we still have to
add to our overhead these forms and regulations?
The whole reason that I was able to bid and win this contract was
because of my low overhead. It seems counter productive to add this
sort of burden to it.
Are you contractually obliged to provide these certifications?

If not, why are you trying to worm out of them by the letter of the
CFRs? Just find a nice way to tell the middleman to stuff it.

If yes, perhaps its a very expensive lesson on reading the whole dang
thing before you sign?

I haven't signed anything yet. I have completed the development and
now I am being asked to produce the boards. The PO for the
development was from my customer and had no language like this. The
PO from the third party has all sorts of language that I have issues
with. The first post was about a "Vendor Certification Form". I have
since received the PO and it has even more language that I find
difficult to meet. I am asked to "indemnify" the buyer against any
claims of IP violations or "accidents, occurrences, injuries or
losses" from using the product. This just sounds incredibly broad and

I would never, ever sign that. Someone gets drunk and drops it on his foot, then sues and you get stiffed because if you hadn't been born you couldn't have designed it, it wouldn't have been built and the plaintiff still would have his toe. Or someone claims the have patent rights to some trivia that wasn't patentable in the first place but snuck through in there and convinces a wobbly jury that you are da bad guy.

I don't know how I can possibly accept this PO with the included terms
and conditions. For one I will have to obtain liability insurance and
that will take some time and I will have to raise the price to include

I guess I'll have to discuss all this with a lawyer and my insurance

They'll probably tell you something similar to what I wrote above :-(

Regards, Joerg

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