Is a natural gas company that supplies gas to Federal buildings but does not have a written contract with a Federal agency, covered by Executive Order 13201?
A. Yes, the gas company would be covered by Executive Order 13201. The supplying of gas or other utilities would constitute a government contract as defined at 29 CFR 470.1(j). However, the exemption for transactions below the Simplified Acquisition Threshold (currently $100,000) might apply. As provided in 29 CFR 470.3(a), the employee notice clause does not have to be included in contracts for indefinite quantities if the contracting agency or contractor has reason to believe that the amount to be ordered in any year under the contract will be less than the Simplified Acquisition Threshold. Q. I have a government contract to supply food to the army. I put all of the required information in my purchase order to the company that sells me tomatoes. Is the company that sells me tomatoes required to meet any E.O. 13201 obligations? A. Yes, unless the purchase order is below the Simplified Acquisition Threshold of $100,000. Covered government contractors and subcontractors must include the
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