CLAUSES INCORPORATED BY REFERENCE

To ensure compliance with the Prime Vendor prime contract, ADS hereby incorporates the following clauses in its purchase orders with commercial item subcontractors. The full text of Federal Acquisition Regulation (FAR) clauses can be found at http://acquisition.gov/comp/far/index.html The full test of Department of Defense FAR Supplement (DFARS) clauses can be found at http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

FAR Clauses

52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).

52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).

52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

52.222-50, Combating Trafficking in Persons (Aug 2007) (22 U.S.C. 7104(g)). Flow down required in accordance with paragraph (f) of FAR clause 52.222-50.

52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

DFARS Clauses

252.225-7001, Buy American Act and Balance of Payment Program (June 2005) (41 U.S.C. 10a-10d, E.O. 10582)

252.225-7012, Preference for Certain Domestic Commodities (Mar 2008) (10 U.S.C. 2533a)

252.225-7014, Preference for Domestic Specialty Metals, Alternate 1 (Apr 2003) (Deviation) (10 U.S.C. 2533a)

252.225-7015, Restriction on Acquisition of Hand or Measuring Tools (June 2005) (10 U.S.C. 2533a)

252.237-7019, Training for Contractor Personnel Interacting with Detainees (Sep 2006) (Section 1092 of Pub. L. 108-375)

252.247-7023, Transportation of Supplies by Sea (May 2002) (10 U.S.C. 2631)

252.247-7024, Notification of Transportation of Supplies by Sea (Mar 2000) (10 U.S.C. 2631)