FA8519-10-D-0004 – R11 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.”

 

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. Preservation and packaging of all items must provide adequate physical and environmental protection for shipment to ATAP, Inc. or other mutually agreed upon destination.

 

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://aquisition.gov (FAR Clauses) or http://www.acq.osd.mil/dpap/dars/dfarspgi/current/ (DFAR Clauses).

 

Clauses for all contracts/orders:

52.211-15             Defense Priorities and Allocation System (DPAS) 15 CFR 700

52.222-50             Combating Trafficking in Persons

52.222-21             Prohibition of Segregated Facilities

52.222-26             Equal Opportunity

52.225-13             Restrictions on Certain Foreign Purchases

252.247-7023      Transportation of Supplies by Sea

 

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

52.222-36             Equal Opportunity for Workers with Disabilities

 

 

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:

52.203-6               Restrictions on Subcontractor Sales to the Government

 

 

Additional Clauses 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

52.219-8               Utilization of Small Business Concerns

 

 

Additional Clauses for contracts/orders in excess of $650,000:

252.225-7012      Preference for Certain Domestic Commodities

 

 

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

52.203-13             Contractor Code of Business Ethics and Conduct