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