AAR GOVERNMENT SERVICES, INC. General Supplemental Terms For The WASS .

Transcription

AAR GOVERNMENT SERVICES, INC.General Supplemental Terms for the WASS ProgramExcept as may be expressly set forth in this Subcontract with the Government Contracting Officer's express consent, the Sellershall not acquire any direct claim or direct course of action against the US Government. Seller shall include in each lower-tiersubcontract the appropriate flow down clauses as required by the Federal Acquisition Regulation (FAR).E.3 Seller Self Reporting of Non-Compliant Services, Data, and SuppliesThe Seller shall identify and explain the cause of any non-compliant action and the Seller’s plan to resolve the issue(s).E.4 Government Quality Assurance at Seller LevelThe Seller shall comply with the requirements of this clause and provide all requested requirements as may be requiredbelow in the performance of the Subcontract.In accordance with FAR 46.405, the Government reserves the right to conduct quality assurance functions at the Sellerlevel. Government’s performance of quality assurance functions at the subcontract level:A.B.C.D.E.Does not relieve the prime contractor of any responsibilities under the contract;Does not waive the Government’s right to accept or reject supplies or services;Does not establish a contractual relationship between the Government and the Seller; andDoes not affect the contractual relationship between the prime contractor and the Government, or between the primecontractor and the Seller.When requested in writing by the Contracting Officer, the prime contractor shall arrange for timely Government accessto Seller facilities, personnel, and records needed to perform quality assurance.H.5 Export RestrictionsA.B.C.D.E.The Seller shall comply with all U.S. export control laws and regulations, including the International Traffic in ArmsRegulations (ITAR), 22 CFR Parts 120 through 130, and the Export Administration Regulations (EAR), 15 CFR Parts730 through 799, in the performance of this subcontract. In the absence of available license exemptions/exceptions,the Seller shall be responsible for obtaining the appropriate licenses or other approvals, if required, for exports ofhardware, technical data, and software, or for the provision of technical assistance.The Seller shall be responsible for obtaining export licenses, if required, before utilizing foreign persons in theperformance of this contract.The Seller's responsibility to comply with all applicable laws and regulations regarding export-controlled items existsindependent of, and is not established or limited by, the information provided by this clause.The Seller shall be responsible for all regulatory record keeping requirements associated with the use of licenses andlicense exemptions/exceptions.Nothing in the terms of this contract adds, changes, supersedes, or waives any of the requirements of applicable Federallaws, Executive orders, and regulations, including but not limited to—1) The Export Administration Act of 1979, as amended (50 U.S.C. App. 2401, et seq.);2) The Arms Export Control Act (22 U.S.C. 2751, et seq.);3) The International Emergency Economic Powers Act (50 U.S.C. 1701, et seq.);4) The Export Administration Regulations (15 CFR Parts 730-774);5) The International Traffic in Arms Regulations (22 CFR Parts 120-130);6) Executive Order 13222, as extended;7) Trading with the Enemy Act (50 U.S.C. App.5 (b) as amended by the Foreign Assistance Act of 1961);8) Export and Import of Nuclear Equipment and Material (10 CFR part 110);9) Regulations administered by the Office of Foreign Assets Control (31 CFR parts 500 through 598); and10) The Espionage Act (37 U.S.C. 791 et seq.)11) The Seller shall include the substance of this clause, including this paragraph (f), in all subcontracts.H.6 Safeguarding of InformationF1-GPM-0420Rev 02/25/2021Page 1 of 9

A.B.C.D.The Seller and its employees shall exercise the utmost discretion in regard to all matters relating to their duties andfunctions. They shall not communicate to any person any information known to them by reason of their performance ofservices under this subcontract which has not been made public, except in the necessary performance of their duties orupon written authorization of the Subcontracts Manager. All documents and records (including photographs) generatedduring the performance of work under this subcontract shall be for the sole use of and become the exclusive property ofthe U.S. Government. Furthermore, no article, book, pamphlet, recording, broadcast, speech, television appearance,film or photograph concerning any aspect of work performed under this subcontract shall be published or disseminatedthrough any media without the prior written authorization of the Subcontracts Manager. These obligations do not ceaseupon the expiration or termination of this subcontract. The Seller shall not refer to this award in any public or privateadvertising without the prior written approval of the Subcontracts Manager. Media communication releases pertaining toany aspect of the award or performance there under shall not be made without the prior written approval of theSubcontracts Manager.Requests for authorization shall be in writing and shall identify the specific information to be released, the medium to beused, the proposed recipients, and the purpose for the release. The Seller shall submit its request to the SubcontractsManager at least 60 calendar days before the proposed date for release.The Seller agrees to immediately notify the Subcontracts Manager in writing in the event the Seller determines or hasreason to suspect breach of this requirement.Seller shall include the substance of this clause in all contracts of employment and in all subcontracts hereunder.H.9 Laws and RegulationsCompliance Required – The Seller shall, without additional expense to AAR, be responsible for complying with all laws,codes, ordinances, and regulations applicable to the performance of the work, including those of the host country, and withthe lawful orders of any governmental authority having jurisdiction. Host country authorities may not enter the facilitieswithout the permission of the Government Contracting Officer. Unless otherwise directed by the Contracting Officer, theSeller shall comply with the more stringent of the requirements of such laws, regulations and orders and of the subcontract.In the event of a conflict among the subcontract and such laws, regulations and orders, the Seller shall promptly advise theAAR Subcontracts Administrator/Buyer of the conflict and of the Seller's proposed course of action for ultimate resolutionby the Government Contracting Officer.Labor, Health and Safety Laws and Customs – The Seller shall comply with all local labor laws, regulations, customs andpractices pertaining to labor, safety, and similar matters, to the extent that such compliance is not inconsistent with therequirements of this subcontract.Evidence of Compliance – Proper documentation and evidence satisfactory to the Government Contracting Officer ofcompliance with this clause shall be submitted by the Seller at such times as directed by the AAR SubcontractsAdministrator/Buyer.H.31 Seller Commitments, Warranties, and RepresentationsAny written commitment by the Seller within the scope of this contract shall be binding upon the Seller. Failure of the Sellerto fulfill any such commitment shall render the Seller liable for liquidated or other damages due to the Government underthe terms of this contract. For the purpose of this clause, a written commitment by the Seller is limited to the proposalsubmitted by the Seller, and to specific written modifications to the proposal. Written commitments by the Seller are furtherdefined as including (1) any warranty or representation made by the Seller in a proposal as to hardware or softwareperformance; total systems performance; and other physical, design, or functional characteristics of equipment, softwarepackage or system, or installation date; (2) any warranty or representation made by the Seller concerning the characteristicsor items described in (1) above, made in any publications, drawings, or specifications accompanying or referred to in aproposal; and (3) any modification of or affirmation or representation as to the above which is made by the Seller in or duringthe course of negotiations, whether or not incorporated into a formal amendment to the proposal.H.32 WarrantiesWith respect to all warranties, express or implied, from sellers, manufacturers, or suppliers for work performed and materialsfurnished under this contract, the Seller shall:F1-GPM-0420Rev 02/25/2021Page 2 of 9

A.B.C.Obtain all warranties specified in this contract and under each task order. If warranty requirements are not specified, theSeller shall obtain warranties given in normal commercial practice;Require all warranties to be executed, in writing, for the benefit of the Government, unless otherwise directed by the AARSubcontracts Administrator/Buyer; andTrack and enforce all warranties for the benefit of the Government, unless otherwise directed by the AAR SubcontractsAdministrator/Buyer.H.36 Provisions for Tracking Iraq Security Costs (11/01/2008)Note: To be completed at the Task Order LevelSeller is required to include in their Task Order proposal(s) a breakout list of all costs expected to be incurred for privatesecurity goods or services that the Seller obtained as part of Subcontract performance. This applies to all such costs thatare necessary for successful Subcontract performance, whether or not such costs are specifically required by thisSubcontract. This breakout must also separately list any additional charges that will be charged the government for obtainingthese goods and/or services. The breakout must include separate sections for the base period of performance, each optionperiod of performance, and each option increase in quantity that is included on task order request for proposals. Examplesof such goods or services include, but are not limited to:A.B.C.D.E.F.G.Personal security detail;Security and security-related communications equipment;Security training;Static guard services;Fully armored vehicles and/or light armored vehicles;Personal protection equipment such as helmets, flak jackets; and/orSecurity modifications to residential and office facilities, including but not limited to protective barriers, e.g. blast walls.H.40 Defense Transportation System (DTS)A.B.The Seller shall, when shipping through the use of military-controlled transport or through military transshipment facilities,comply with Department of Defense (DoD) Regulation 4500.9-R, Defense Transportation Regulation Part II.The Seller shall not ship directly to a military air or water port terminal without written authorization from theGovernment Contracting Officer’s Representative, through AAR Subcontracts Administrator/Buyer.H.42 Section 508 ComplianceA.B.All electronic and information technology (EIT) products or services furnished under this Subcontract (and any resultantTO) shall comply with the Section 508 Accessibility Standards (36 CFR 1194). The Seller shall, at no cost to AAR and/orthe Government, repair or replace any non-compliant products or services within the period of time specified by AARSubcontracts Administrator/Buyer. Information about Section 508 is available at http://www.section508.gov/. Thecomplete text of Section 508 Final Provisions can be accessed at https://www.access-board.gov/ict/.All exceptions to paragraph (a) must be approved in writing by the Contracting Officer, through AAR SubcontractsAdministrator/Buyer. When requesting an exception, the Seller shall provide written documentation to AARSubcontracts Administrator/Buyer addressing the exception standards in FAR 39.204.H.43 Bio-Based ProductsThe Seller shall comply with Section 9002 of the Farm Security and Rural Investment Act of 2002 (FSRIA), Executive Order(EO) 13423, “Strengthening Federal Environmental, Energy, and Transportation Management,” and the Federal AcquisitionRegulation to provide bio based products (see FAR clause 52.223-2 and FAR provision 52.223-1). The Seller shall utilizeproducts and material made from bio based materials (e.g., bio based greases, bio based hydraulic fluids, bio basedabsorbents) to the maximum extent possible without jeopardizing the intended end use or detracting from the overall qualitydelivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federalspecifications and standards.H.44 Ozone-Depleting SubstancesF1-GPM-0420Rev 02/25/2021Page 3 of 9

Government sources of supply may be utilized for purchases necessary in the performance of this Subcontract upon writtenapproval of the Government Contracting Officer, through AAR Subcontracts Administrator/Buyer. See in this respect, FAR52.251-1 (Government Supply Sources).H.46 Government Furnished PropertyA.B.C.D.Notwithstanding any term or condition of this Subcontract to the contrary, the Government (and/or AAR) will provide onlythat property set forth below for use in the performance of this Subcontract:Government-furnished property, if provided, will be identified at the task order level.If provided, the Seller shall not use Government-furnished property for any purpose other than execution of work underthis Subcontract.Property condition, classification codes, and site ID codes are included in attachment J.6.H.48 Government Furnished DataA.B.C.D.E.The Government shall provide to the Contractor, and AAR will provide to the Seller, the Government-furnished datadescribed in paragraph (d) below. The Contracting Officer may at any time by written order:1) Delete, supersede, or revise; in whole or in part, data listed in paragraph (d) below.2) Add items of data as applicable.3) Establish or revise due dates for items of data or information as applicable.If the data listed below or as modified during Subcontract performance are not delivered to the Seller, AAR SubcontractsAdministrator/Buyer may equitably adjust affected provisions of this Subcontract when:1) The Seller submits a timely written request for an equitable adjustment; and2) The facts warrant an equitable adjustment.Title to Government-furnished data shall remain in the Government. The Seller shall use the Government furnished dataonly in connection with this Subcontract.The following data will be furnished to the Seller on or about the time indicated below:Government-Furnished Data, if provided, will be identified at the task order level.Contract Flowdowns Clauses Incorporated by Reference (Feb 1998), FAR 52.252-2Should a date not be indicated, Seller shall use the current revision date associated with the Referenced clause. Pursuantto FAR 52.252-2, "CLAUSES INCORPORATED BY REFERENCE," the following clauses are incorporated herein byreference:ReferenceTitle2.101DefinitionsSubpart 9.5Subpart 15.4Organizational and Consultant Conflicts of InterestCertified cost or pricingSubpart 15.4Certified cost or pricing (exemptions 15.403-1 or 15.403-2)16Types of Contracts16.306(d)(1)Cost Plus Fixed Fee Contracts31.2Contracts with Commercial Organizations32.102(E)(1)&(2)Payment based on percentage/stage of completion31.205-46(a)(1)Travel CostsSubpart 37.6Performance-based46.203 (b) and (c)Criteria for Use of Contract Quality Requirements47.402Policy47.403Availability and unavailability of U.S.-flag air carrier serviceF1-GPM-0420DateRev 02/25/2021Page 4 of 9

Fly America Act42.708(a) & (b)Quick-Closeout Procedures52.202-1Definitions (Nov 2013)52.203-3Gratuities (Apr 1984)52.203-652.203-752.203-10Restrictions on Subcontractor Sales to the GovernmentAnti-Kickback Procedures (May 2014)Cancellation, Rescission, and Recovery of Funds for Illegal orImproper Activity (May 2014)Price or Fee Adjustment for Illegal or Improper Activity (May 2014)52.203-12Limitation on Payments to Influence Certain Federal Transactions52.203-13Contractor Code of Business Ethics and Conduct (Apr 2010)Apr-201052.203-14Display of Hotline 1752.203-19Nov-2003Apr-1984Whistleblower Protections Under the American Recovery andReinvestment Act of 2009Preventing Personal Conflicts of Interest (Dec 2011)Contractor Employee Whistleblower Rights and Requirement toInform Employees of Whistleblower RightsProhibition on Requiring Certain Internal ConfidentialityAgreements or c-2011Apr-201452.204-2Security RequirementsAug-199652.204-9Personal Identity Verification of Contractor PersonnelJan-201152.204-10Reporting Executive Compensation and First-Tier SubcontractorAwardsJul-201352.204-13System for Award Management MaintenanceJul-201352.204-2152.209-10Basic Safeguarding of Covered Contractor Information SystemsProhibition on Contracting for Hardware, Software, and ServicesDeveloped or Provided by Kaspersky Lab and Other CoveredEntitiesCovered Telecommunications Equipment or ServicesRepresentationProhibition on Contracting for Certain Telecommunications andVideo Surveillance Services or EquipmentRepresentation Regarding Certain Telecommunications and VideoSurveillance Services or EquipmentProtecting the Government’s Interest when Subcontracting withContractors Debarred, Suspended, or Proposed for DebarmentUpdates of Publicly Available Information Regarding ResponsibilityMattersProhibition on Contracting with Inverted Domestic Corporations52.210-1Market ResearchApr-201152.211-5Material RequirementsAug-200052.211-17Delivery of Excess Quantities (Sept 1989)Sep-198952.215-2Audit and Records - NegotiationOct-201052.215-8Order of Precedence52.215-10Price Reduction for Defective Certified Cost or Pricing DataPrice Reduction for Defective Certified Cost or Pricing Data ModificationsAug-2011Subcontractor Certified Cost or Pricing .209-652.209-952.215-1152.215-12F1-GPM-0420Rev 0Aug-2013Jul-2013Dec-2014Aug-20112/25/2021Page 5 of 9

52.215-13Subcontractor Certified Cost or Pricing Data - ModificationsOct-201052.215-14Integrity of Unit PricesOct-201052.215-14 Alt I52.215-15Integrity of Unit Prices (Oct 2010) - Alternate I (Oct 1997)Pension Adjustments and Asset ReversionsReversion or Adjustment of Plans for Postretirement Benefits(PRB) Other than Pensions (July 2005)Notification of Ownership Changes (Oct 1997)Requirements for Certified Cost or Pricing Data and Data OtherThan Certified Cost or Pricing DataRequirements for Certified Cost or Pricing Data and Data OtherThan Certified Cost or Pricing Data - ModificationsOct-1997Oct-201052.215-23Limitations on Pass-Through ChargesJan-201152.216-7Allowable Cost and Payment, quick-closeout procedureJun-201352.216-8Fixed Fee52.216-8(b)Fixed Fee52.217-8Option to Extend Services (Nov 1999)Nov-199952.217-9Option to Extend the Term of the 21Jul-2005Oct-1997Oct-2010Oct-201052.219-8Notice of Price Evaluation preference for HUB Zone SmallBusiness ConcernsUtilization of Small Business Concerns52.219-9Small Business Subcontracting PlanOct-201452.219-16Liquidated Damages - Subcontracting PlanJan-199952.219-28Post-Award Small Business Program Representation52.222-1Notice to the Government of Labor DisputesFeb-199752.222-3Convict LaborJun-200352.222-4Contract Work Hours and Safety Standards - ent of Qualified WorkersMay-201452.222-19Child Labor - Cooperation with Authorities and RemediesContracts for Materials, Supplies, Articles, and EquipmentExceeding -201452.222-21Prohibition of Segregated FacilitiesFeb-199952.222-26Equal OpportunityMar-200752.222-35Equal Opportunity for Veterans52.222-36Equal Opportunity for Workers Disabilities52.222-37Employment Reports on Veterans52.222-40Notification of Employee Rights Under the National Labor RelationsActDec-201052.222-41Service Contract Labor StandardsMay-201452.222-50Combating Trafficking in PersonsMar-201552.222-50Combating Trafficking in Persons (Alt 1)52.222-54Employment Eligibility Verification52.222-55Minimum Wages Under Executive Order 1365852.222-56Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O.13706)F1-GPM-0420Rev 0Jun-2020Aug-20132/25/2021Page 6 of 9

52.223-252.223-3, Alt mative Procurement of Bio-based Products Under Service andConstruction ContractsHazardous Material Identification and Material Safety Data, Alt I(Jul 1995)(To be completed at TO level. Information required by paragraph bmust be submitted during the phase-in period.)Drug Free WorkplaceRefrigeration Equipment and Air ConditionersEnergy Efficiency in Energy-Consuming ProductsAffirmative Procurement of EPA-designed Items in Service andConstruction ContractsEncouraging Contractor Policies to Ban Text Messaging 08Aug-201152.224-1Privacy Act NotificationApr-198452.224-2Privacy ActApr-198452.224-3Privacy Training52.224-3Privacy Training (Alt 1)52.225-8Duty-Free EntryOct-201052.225-13Restrictions on Certain Foreign PurchasesJun-200852.225-19Contractor Personnel in a Designated Operational Area orSupporting a Diplomatic or Consular Mission Outside the UnitedStatesMar-200852.225-26Contractors Performing Private Security Functions Outside theUnited States52.227-1Authorization and ConsentDec-200752.227-2Notice and Assistance Regarding Patent and CopyrightInfringementDec-200752.227-3Patent IndemnityApr-198452.227-9Refund of RoyaltiesApr-198452.227-11 Alt IIPatent Rights - Ownership by the ContractorDec-200752.227-14Rights in Data - GeneralMay-201352.227-16Additional Data RequirementsJun-198752.227-19Commercial Computer Software LicenseDec-200752.227-23Rights to Proposal Data (Technical)Jun-198752.228-5Insurance - Work on a Government InstallationJan-199752.228-7Insurance - Liability to Third PersonsMar-199652.228-8Liability and Insurance - Leased Motor VehiclesMay-199952.229-3Federal, State and Local TaxesFeb-201352.229-6Taxes - Foreign Fixed-Price ContractsFeb-201352.229-8Taxes - Foreign Cost-Reimbursement ContractsMar-199052.230-2Cost Accounting StandardsMay-201452.230-6Administration of Cost Accounting StandardsPayments under Transportation Contracts and TransportationRelated Services ContractsJun-201052.232-7Payments under Time-and-Materials and Labor-Hour ContractsAug-201252.232-7(a)(8)Payments under Time-and-Materials and Labor-Hour Contracts52.232-4F1-GPM-0420Rev 0Apr-19842/25/2021Page 7 of 9

52.232-7(b)(1)(ii)(A)& (B) & (C)Payments under Time-and-Materials and Labor-Hour Contracts52.232-9Limitation on Withholding of PaymentsApr-198452.232-11ExtrasApr-198452.232-16 Alt IIIProgress Payments (Apr 2012) - Alternate III (Apr y of FundsApr-198452.232-20Limitation of CostsApr-198452.232-22Limitations of FundsApr-198452.232-23Assignment of ClaimsMay-201452.232-39Unenforceability of Unauthorized ObligationsJun-201352.232-40Providing Accelerated Payments to Small Business Subcontractors52.233-1Disputes Clause52.233-1 Alt IDisputes (May 2014) - Alternate I (Dec 1991)Dec-199152.233-3Protest after AwardAug-199652.233-3 Alt I52.233-4Protest after Award (Aug 1996) - Alternate I (Jun 1985)Applicable Law for Breach of Contract ClaimJun-1985Oct-200452.234-4Earned Value Management SystemMay-201452.237-252.237-3Protection of Government Building, Equipment, And VegetationContinuity of ServicesApr-1984Jan-199152.237-7Indemnification and Medical Liability Insurance (Jan 1997)Jan-199752.239-1Privacy or Security SafeguardsAug-199652.242-1Notice of Intent to Disallow CostsApr-198452.242-3Penalties for Nonallowable CostsMay-201452.242-4Certification of Final Indirect CostsJan-199752.242-13Bankruptcy52.242-15Stop-Work Order (Aug 1989)Aug-198952.242-15 Alt IStop-Work Order (Aug 1989) - Alternate I (Apr 1984)Apr-198452.243-1Changes - Fixed PriceAug-198752.243-1 Alt IChanges - Fixed-Price (Aug 1987) - Alternate I (Apr 1984)Apr-198452.243-1 Alt IIApplicable Law for Breach of Contract ClaimApr-198452.243-1 Alt IVChanges - Fixed-Price (Aug 1987) - Alternate IV (Apr 1984)Apr-198452.243-2Changes - Cost ReimbursementAug-198752.243-2 Alt IIChanges - Cost Reimbursement (Aug 1987) - Alternation IIApr-198452.243-3Changes - Time-and-Materials or Labor-HoursSep-200052.245-1Government Property52.245-1Government Property (Alt 1)52.245-9Use and Charges52.246-4Inspection of Services - Fixed-Price52.246-5Inspection of Services - Cost-Reimbursement52.246-6Inspection - Time-and-Materials and Labor-Hour ContractsF1-GPM-0420May-2014Jul-1995Rev 0Apr-2012Apr-2012, (Alt 1Apr-2012)Apr-20122/25/2021Page 8 of 9

52.246-11Higher-Level Contract Quality Requirement (Dec 2014)Dec-201452.246-20Warranty of ServicesMay-200152.246-23Limitations of LiabilityFeb-199752.246-25Limitation of Liability – ServicesFeb-199752.247-1Commercial Bill of Lading NotationsFeb-200652.247-5Familiarization with ConditionsApr-198452-247-10Net Weight – General FreightApr-198452.247-12Supervision, Labor, or MaterialsApr-198452.247-14Contractor Responsibility for Receipt of ShipmentApr-198452.247-16Contractor Responsibility for Returning Undelivered .247-21Multiple ShipmentsContractor Liability for Personal Injury and/or Property DamageContractor Liability for Loss of and/or Damage to Freight other thanHousehold GoodsApr-1994Apr-198452.247-27Contract Not Affected by Oral AgreementApr-198452.247-58Loading, Blocking, and Bracing of Freight Car Shipment (Apr 1984)Apr-198452.247-63Preference for U.S. Flag CarriersJun-200352.247-64Preference for Privately Owned U.S.-Flag Commercial Vessels (46U.S.C. App. 1241 and 10 U.S.C. 2631)52.248-1Value EngineeringOct-201052.249-2Termination for Convenience of the GovernmentApr-201252.249-6Termination (Cost Reimbursement)May-200452.249-6 Alt IVTermination (Cost Reimbursement) (May 2004) - Alternate IV (Sept1996)Sep-199652.249-8Default (Fixed-Price Supply and Service)Apr-198452.249-8 Alt IDefault (Fixed-Price Supply and Service) (Apr 1984) - Alternate I(Apr 1984)Apr-198452.249-14Excusable DelaysApr-198452.252-2Clauses Incorporated by Reference (Feb 1998)Section 8(a) of the Export Administration Act of 1979, As amended(Aug 1999)Excise Tax Exemption Statement for Contractors within the 52.232-70Payment Schedule and Invoice Submission (Fixed-Price)652.232-71Voucher Submission 99652.242-72Limitations of Funds(Applies to shipments from the US to overseas locations)Shipping Instructions652.242-73Authorization and 28-70Contract DisputesActAircraft Ground and Flight RiskOct-2018652.232-72F1-GPM-0420Rev 0Aug-1999Dec 19942/25/2021Page 9 of 9

E.3 Seller Self Reporting of Non-Compliant Services, Data, and Supplies . (DTS) A. The Seller shall, when shipping through the use of military-controlled transport or through military transshipment facilities, . Energy, and Transportation Management," and the Federal Acquisition Regulation to provide bio based products (see FAR clause 52. .