FA8517-22-D-0009 – 3PEP 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 3pep@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:
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements
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
52.222-26 Equal Opportunity
52.222-51 Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements
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
52.245-1 Government Property
52.245-9 Use and Charges
52.246-15 Certificate of Conformance
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
252.204-7012 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
252.211-7007 Reporting of Government-Furnished Property
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
252.227-7015 Technical Data-Commercial Items
252.227-7037 Validation of Restrictive Markings on Technical Data
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 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:
52.222-36 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 $250,000:
52.203-6 Restrictions on Subcontractor Sales to the Government
52.215-23 Limitations on Pass-Through Charges
52.229-3 Federal, State, and Local Taxes
252.243-7002 Requests for Equitable Adjustment
Additional Clause for contracts/orders in excess of $550,000:
52.222-50 Combating Trafficking in Persons
Additional Clauses for contracts/orders in excess of $5,500,000:
52.203-13 Contractor Code of Business Ethics and Conduct