FA8532-21-D-0004
– SRC Flow Down Clauses

Terms, Conditions, and U.S. Government Clauses
listed below are made a part of the associated purchase order (Contract)
between ATAP, Inc. and the selling company listed on the face of the Purchase
Order of which the stated selling company is further referred to as “the
Contractor.” The associated Purchase Order may also be referred to as
“Contract.”

CERTIFICATE OF CONFORMANCE

The Contractor’s signed certificate shall be
attached to or included in the shipment of the product. In addition, a copy of
the signed certificate shall be emailed to purchasing@atap.com

PACKAGING/PRESERVATION

The Contractor shall include packaging assets for
shipment in accordance with ASTM D3951, Standard Practice for Commercial
Packaging which is the DoD adopted commercial standard unless otherwise specified within the contract.
Preservation and packaging of all items must provide adequate physical and
environmental protection for shipment to ATAP, Inc. or other mutually agreed
upon destination.

MARKING/LABELING

For items exceeding unit price of $5,000 –

252.211-7003 Item Unique Identification and Valuation.

If this will be accomplished by the vendor, ATAP
must receive a copy of the verification and validation report for each UID dataplate.

Note: ATAP, Inc. is able to manufacture DOD
compliant UID dataplates.
If this will be required for your product based on price, the Contractor is to
advise the PO number, part numbers, and serial numbers of the product that will
require UID dataplates at
least 3 weeks before shipment to ATAP, Inc.

FOB POINT ORIGIN

If the associated Purchase Order (Contract) states
FOB: Origin, the following shall apply:

The Contractor shall-

(1)(i) Pack and mark the shipment to comply with
contract specifications; or

(ii) In the absence of specifications, prepare
the shipment in conformance with carrier requirements to protect the goods and
to ensure assessment of the lowest applicable transportation charge;

(2)(i) Order specified carrier equipment when
requested by ATAP, Inc.; or

(ii) If not specified, order appropriate carrier
equipment not in excess of capacity to accommodate shipment;

(3) Deliver the shipment in good order and
condition to the carrier, and load, stow, trim, block, and/or brace carload or
truckload shipment (when loaded by the Contractor) on or in the carrier\’s
conveyance as required by carrier rules and regulations;

(4) Be responsible for any loss of and/or damage
to the goods-

(i) Occurring before delivery to the carrier;

(ii) Resulting from improper packing and marking;
or

(iii) Resulting from improper loading, stowing,
trimming, blocking, and/or bracing of the shipment, if loaded by the Contractor
on or in the carrier\’s conveyance;

(5) Complete the bill of lading supplied by ATAP,
Inc. or, when a bill of lading is not supplied,
prepare a bill of lading or other transportation receipt.

FOB POINT DESTINATION

If the associated Purchase Order (Contract)
states FOB: Destination, the following shall apply:

The Contractor shall-

(1)(i) Pack and mark the shipment to comply with
contract specifications; or

(ii) In the absence of specifications, prepare
the shipment in conformance with carrier requirements;

(2) Prepare and distribute commercial bills of
lading;

(3) Deliver the shipment in good order and condition to the point of delivery specified in
the
contract;

(4) Be responsible for any loss of and/or damage
to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract; and

(5) Pay and bear all charges to the specified
point of delivery.

CLAUSES INCORPORATED BY REFERENCE

The full text of these clauses may be viewed by
clicking the clause number, or going to https://www.acquisition.gov (FAR Clauses) or https://www.acquisition.gov/dfars (DFAR Clauses). As applicable in relationship definitions
Government/Contracting Officer should be replaced with ATAP, Inc. and Contractor
shall mean Vendor or Supplier.

Clauses for all contracts/orders:

52.202-1 Definitions

52.203-19 Prohibition
on Requiring Certain Internal Confidentiality Agreements or Statements

52.204-21 Basic
Safeguarding of Covered Contractor Information Systems

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or
Provided by Kaspersky Lab and Other Covered Entities

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video
Surveillance Services or Equipment

52.211-5 Material Requirements

52.211-15 Defense Priority and Allocation Requirements

52.222-26 Equal Opportunity

52.222-53 Exemption from Application of the Service Contract Labor Standards to Contracts
for Certain Services-Requirements

52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons

52.225-13 Restrictions on Certain Foreign Purchases

52.232-40 Providing
Accelerated Payments to Small Business Subcontractors

52.244-6 Subcontracts for Commercial Products and Commercial Services

52.246-11 Higher-Level Contract Quality Requirement

52.246-26 Reporting Nonconforming Items

5352.223-9000 Elimination of Use of Class I Ozone Depleting Substances (ODS)

252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense Contract-Related
Felonies

252.203-7002 Requirement to Inform
Employees of Whistleblower Rights

252.204-7000 Disclosure of Information

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipmentor Services

252.204-7020 NIST SP 800-171 DoD Assessment Requirements

252.204-7022 Expediting Contract Closeout

252.223-7008 Prohibition of Hexavalent Chromium

252.225-7013 Duty-Free Entry

252.225-7028 Exclusionary Policies and Practices of Foreign Governments

252.225-7048 Export-Controlled Items

252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten

252.232-7017 Accelerating Payments to Small Business Subcontractors—Prohibition on Fees and
Consideration

252.244-7000 Subcontracts for Commercial Items

252.243-7001 Pricing of
Contract Modifications.

252.247-7023 Transportation of Supplies by Sea

Additional Clause for contracts/orders for US DOD End Users

252.225-7001 Buy American and Balance of Payments Program

Additional Clause for contracts/orders in
excess of $3,500:

52.222-54 Employment
Eligibility Verification

Additional Clauses for contracts/orders in
excess of $10,000:

52.222-21 Prohibition of Segregated Facilities

52.222-40 Notification
of Employee Rights Under the
National Labor Relations Act

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While
Driving.

Additional Clauses for contracts/orders in
excess of $15,000:

52.222-20 Contracts for Materials, Supplies, Articles, and Equipment

52.222-36 Equal Opportunity for Workers with Disabilities

Additional Clause for contracts/orders in
excess of $20,000:

52.222-19 Child
Labor-Cooperation with Authorities and Remedies

Additional Clause for contracts/orders in
excess of $30,000:

52.204-10 Reporting
Executive Compensation and First-Tier Subcontract Awards

Additional Clause for contracts/orders in
excess of $35,000:

52.209-6 Protecting the Government\’s Interest When Subcontracting with Contractors
Debarred, Suspended, or Proposed for Debarment

Additional Clauses for contracts/orders in
excess of $100,000:

52.222-35 Equal Opportunity for Veterans

52.222-37 Employment Reports on Veterans

Additional Clauses for contracts/orders in
excess of $150,000:

52.203-12 Limitation on Payments to Influence Certain Federal Transactions

Additional Clauses for contracts/orders in
excess of $250,000:

52.203-6 Restrictions on Subcontractor Sales to
the Government

52.203-7 Anti-Kickback Procedures

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper
Activity

52.203-10 Price
or Fee Adjustment for Illegal or Improper Activity

52.215-2 Audit and Records-Negotiation

52.215-14 Integrity of Unit Prices

52.227-1 Authorization and Consent

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement

52.229-3 Federal, State, and Local Taxes

52.248-1 Value Engineering

252.243-7002 Requests for Equitable Adjustment

Additional Clause for contracts/orders in
excess of $500,000

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian
Small Business Concerns

Additional Clause for contracts/orders in
excess of $550,000:

52.222-50 Combating Trafficking in Persons

Additional Clause for contracts/orders in
excess of $1,000,000:

252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements

Additional Clauses for contracts/orders in
excess of $5,500,000:

52.203-13 Contractor Code of Business Ethics and Conduct

252.203-7004 Display of Hotline Posters