FA8517-14-D-0009 – 3PL 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 3plcoc@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. 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://aquisition.gov (FAR Clauses) or http://www.acq.osd.mil/dpap/dars/dfarspgi/current/ (DFAR Clauses).
Clauses for all contracts/orders:
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
52.219-8 Utilization of Small Business Concerns
52.222-41 Service Contract Labor Standards
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
52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels
52.232-40 Providing Accelerated Payments to Small Business Subcontractors
252.247-7023 Transportation of Supplies by Sea
252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel
252.246-7003 Notification of Potential Safety Issues
252.203-7002 Requirement to Inform Employees of Whistleblower Rights
252.225-7048 Export-Controlled Items
Additional Clauses for contracts/orders in excess of $3,000:
52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving
52.222-54 Employment Eligibility Verification
Additional Clauses for contracts/orders in excess of $10,000:
52.222-40 Notification of Employee Rights Under the National Labor Relations Act
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 $30,000:
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:
52.203-6 Restrictions on Subcontractor Sales to the Government
52.222-17 Nondisplacement of Qualified Workers
52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of
Whistleblower Rights
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
Additional Clauses for contracts/orders in excess of $650,000:
252.223-7008 Prohibition of Hexavalent Chromium
252.225-7012 Preference for Certain Domestic Commodities
252.225-7015 Restriction on Acquisition of Hand or Measuring Tools
252.225-7016 Restriction on Acquisition of Ball and Roller Bearings
252.227-7013 Rights in Technical Data–Noncommercial Items
252.227-7015 Technical Data–Commercial Items
252.227-7016 Rights in Bid or Proposal Information
252.227-7030 Technical Data–Withholding of Payment
252.227-7037 Validation of Restrictive Markings on Technical Data
Additional Clauses for contracts/orders in excess of $5,000,000:
52.203-13 Contractor Code of Business Ethics and Conduct