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