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Full Text Clauses
D.1
PACKAGING AND MARKING (ARC 52.211-95) (ALTERNATE 1) (FEB 1997)
(Applicable for all purchase orders/subcontracts.)
(a) The contractor shall preserve, pack, and mark for shipment all items deliverable under this contract in
accordance with good commercial practices and adequate to ensure both acceptance by common carrier
and safe transportation at the most economical rate(s).
(b) The contractor's markings on shipping containers shall be clearly legible from a distance of 36 inches
or as required by applicable regulations. The contractor may mark by stencil, rubber stamp, or lacquer
over a coated gummed label.
(c) The Contractor shall place identical requirements on all subcontractors.
G.6
PAYMENT OF AWARD FEE (ARC 52.216-92) (JUL 1994) (Applicable if this purchase
order/subcontract includes award fee.)
Payment of award fee shall be made as specified in the Schedule; provided that, after payment of 85% of
the potential award fee, the Contracting Officer may withhold further payment of the award fee until a
reserve is set aside in an amount that the Contracting Officer considers necessary to protect the
Government's interest. This reserve shall not exceed 15% of the potential award fee or $100,000,
whichever is less.
H.2
RIGHTS IN DATA-SPECIAL WORKS (FAR 52.227-17) (JUNE 1987 as modified)
(Applicable if you will be providing data subject to this clause. Communication with the Contracting
Officer shall be made through Lockheed Martin. "Government" includes Lockheed Martin.")
(a) Definitions.
"Data," as used in this clause, means recorded information regardless of form or the medium on which it
may be recorded. The term includes technical data and computer software. The term does not include
information incidental to contract administration, such as financial, administrative, cost or pricing or
management information.
"Unlimited rights," as used in this clause, means the right of the Government to use, disclose, reproduce,
prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any
manner and for any purpose whatsoever, and to have or permit others to do so.
(b) Allocation of Rights.
(1) The Government shall have(i) Unlimited rights in all data delivered under this contract, and in all data first produced in the
performance of this contract, except as provided in paragraph (c) of this clause for copyright.
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(ii) The right to limit exercise of claim to copyright in data first produced in the performance of this
contract, and to obtain assignment of copyright in such data, in accordance with paragraph (c)(1) of this
clause.
(iii) The right to limit the release and use of certain data in accordance with paragraph (d) of this clause.
(2) The Contractor shall have, to the extent permission is granted in accordance with paragraph (c)(1) of
this clause, the right to establish claim to copyright subsisting in data first produced in the performance of
this contract.
(c) Copyright(1) Data first produced in the performance of this contract.
(i) The Contractor agrees not to assert, establish, or authorize others to assert or establish, any claim to
copyright subsisting in any data first produced in the performance of this contract without prior written
permission of the Contracting Officer. When claim to copyright is made, the Contractor shall affix the
appropriate copyright notice of 17 U.S.C. 401 or 402 and acknowledgment of Government sponsorship
(including contract number) to such data when delivered to the Government, as well as when the data are
published or deposited for registration as a published work in the U.S. Copyright Office. The Contractor
grants to the Government, and others acting on its behalf, a paid-up nonexclusive, irrevocable, worldwide
license for all such data to reproduce, prepare derivative works, distribute copies to the public, and
perform publicly and display publicly, by or on behalf of the Government.
(ii) If the Government desires to obtain copyright in data first produced in the performance of this
contract and permission has not been granted as set forth in subdivision (c)(1)(i) of this clause, the
Contracting Officer may direct the Contractor to establish, or authorize the establishment of, claim to
copyright in such data and to assign, or obtain the assignment of, such copyright to the Government or its
designated assignee.
(2) Data not first produced in the performance of this contract. The Contractor shall not, without prior
written permission of the Contracting Officer, incorporate in data delivered under this contract any data
not first produced in the performance of this contract and which contain the copyright notice of 17 U.S.C.
401 or 402, unless the Contractor identifies such data and grants to the Government, or acquires on its
behalf, a license of the same scope as set forth in paragraph (c)(1) of this clause.
(d) Release and use restrictions. Except as otherwise specifically provided for in this contract, the
Contractor shall not use for purposes other than the performance of this contract, nor shall the Contractor
release, reproduce, distribute, or publish any data first produced in the performance of this contract, nor
authorize others to do so, without written permission of the Contracting Officer.
(e) Indemnity. The Contractor shall indemnify the Government and its officers, agents, and employees
acting for the Government against any liability, including costs and expenses, incurred as the result of the
violation of trade secrets, copyrights, or right of privacy or publicity, arising out of the creation, delivery,
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publication, or use of any data furnished under this contract; or any libelous or other unlawful matter
contained in such data. The provisions of this paragraph do not apply unless the Government provides
notice to the Contractor as soon as practicable of any claim or suit, affords the Contractor an opportunity
under applicable laws, rules, or regulations to participate in the defense thereof, and obtains the
Contractor's consent to the settlement of any suit or claim other than as required by final decree of a court
of competent jurisdiction; nor do these provisions apply to material furnished to the Contractor by the
Government and incorporated in data to which this clause applies.
(f) The Contractor agrees to assign copyright in all works authored under this clause to the Government.
H.3
RESTRICTIONS ON PRINTING AND DUPLICATING (NFS 1852.208-81)
(AUG 1993) (Applicable if this purchase order/subcontract involves a requirement for any printing and/or
any duplicating/copying in excess of the limits specified in paragraph (c) of this clause.)
(a) The Contractor shall reproduce any documentation required by this contract in accordance with the
provisions of the Government Printing and Binding Regulations, No. 26, Pub 101-9, U.S. Government
Printing Office, Washington, DC 20402, published by the Joint Committee on Printing, U.S. Congress.
(b) The Contractor shall not perform, or procure from any commercial source, any printing in connection
with the performance of work under this contract. The term "printing" includes the processes of
composition, platemaking, presswork, silk screen processes, binding, microform, and the end items of
such processes and equipment.
(c) "Duplicating/copying" is not considered to be printing. It is material produced by duplicating
equipment employing the lithographic process and automatic copy-processing or copier- duplicating
machines employing electrostatic, thermal, or other copying processes not requiring the use of negatives
or metal plates. The Contractor is authorized to duplicate production units provided the requirement does
not exceed 5,000 production units of any one page or 25,000 units in the aggregate of multiple pages.
Such plates may not exceed a maximum image size of 10-3/4 by 14- 1/4 inches. A "production unit" is on
a sheet, size 8-1/2 x 11 inches (215 x 280 mm), one side only, and one color ink.
(d) This clause does not preclude writing, editing, preparation of manuscript copy, or preparation of
related illustrative material as a part of this contract, or administrative duplicating/copying (for example;
necessary forms and instructional materials used by the Contractor to respond to the terms of the
contract).
(e) Costs associated with printing or duplicating/copying in excess of the limits set forth above are
unallowable without prior written approval of the Contracting Officer. If the Contractor has reason to
believe that any activity required in fulfillment of the contract will necessitate any printing or substantial
duplicating/copying, it immediately shall provide written notice to the Contracting Officer and request
approval prior to proceeding with the activity. Requests will be processed by the Contracting Officer in
accordance with the provisions of the Government Printing and Binding Regulations and NFS 18-8.802.
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(f) The Contractor shall include in each subcontract which may involve a requirement for any printing
and/or any duplicating/copying in excess of the limits specified in paragraph (c) of this clause, a provision
substantially the same as this clause, including this paragraph (f).
H.9
(LIMITED) RELEASE OF CONTRACTOR CONFIDENTIAL BUSINESS
INFORMATION (CBI) (ARC 52.203-91) (JUN 2001) (Applicable for all purchase orders/
subcontracts.)
(a) NASA may find it necessary to release information submitted by the Contractor, either in response to
this solicitation or pursuant to the provisions of this contract to other NASA contractors and their
subcontractors. Business information that would ordinarily be entitled to confidential treatment may be
included in the information released to these contractors and their subcontractors. Accordingly, by
submission of this proposal, or signature on this contract or other contracts, the Contractor hereby
consents to a limited release of its confidential business information (CBI).
(b) Possible circumstances where the Agency may release the Contractor's CBI include, but are not
limited to, the following:
(1) To other Agency contractors and subcontractors tasked with assisting the Agency in handling and
processing information and documents in the evaluation, the award or the administration of Agency
contracts, such as providing both preaward and post award audit support and specialized technical support
to NASA’s technical evaluation panels;
(2) To NASA contractors and subcontractors engaged in information systems analysis, development,
operation, and maintenance, including performing data processing and management functions for the
Agency.
(c) NASA recognizes its obligation to protect the contractor from competitive harm that could result from
the release of such information to a competitor. Except where otherwise provided by law, NASA will
permit the limited release of CBI under subparagraphs (1) or (2) only pursuant to non-disclosure
agreements signed by the assisting contractor and its subcontractor. The assisting contractor and its
subcontractors will be required to by their contract or subcontracts to obtain nondisclosure agreements
from their individual employees who may require access to the CBI to perform their responsibilities.
(d) NASA's responsibilities under the Freedom of Information Act are not affected by this clause.
(e) The Contractor agrees to include this clause, including this paragraph (e), in all subcontracts at all
levels awarded pursuant to this contract that require the furnishing of confidential business information by
the subcontractor.
H.11 ORGANIZATIONAL CONFLICTS OF INTEREST (ARC 52.209-94) (MAR 1998)
(modified) (Applicable for all purchase orders/subcontracts.)
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(a) The Contracting Officer has concluded that this acquisition may give rise to a potential organizational
conflict of interest. Accordingly, the attention of the Contractor is directed to FAR Subpart 9.5,
"Organizational and Consultant Conflicts of Interest."
(b) The nature of the potential organizational conflict of interest in this acquisition is described below:
The Contractor may have access to sensitive or proprietary data of other companies located here at Ames
Research Center.
(c) To avoid, neutralize, or mitigate the potential organizational conflict of interest, the Contractor shall
not engage in the following activities:
The Contractor shall not utilize nor disclose any of the sensitive or proprietary data it may have been
authorized access to or gained other than to carry out its activities under this contract, and shall not
engage in any Marketing Consulting Activity using any proprietary data obtained on this contract.
This restriction shall remain in effect for the time period prescribed by law and/or regulation.
Notwithstanding the above paragraph, the Contractor shall not be restricted in the use and disclosure of
any data that becomes generally available without breach of this clause by this Contractor, is known to or
is developed by the Contractor independently of any disclosure of proprietary, restricted, or confidential
data hereunder, or is rightfully received by the Contractor from a third party without restriction.
The Contracting Officer may specifically approve an exception to this prohibition.
(d) (1) If, in the performance of work under this contract, the Contractor has access to proprietary data of
other companies, the Contractor shall protect such data from unauthorized use or disclosure so long as it
remains proprietary. In addition, the Contractor shall not be permitted to use such data in performing any
other contract for any additional study or studies in the same or a closely related field, without the explicit
written permission of the owner of such data.
(2) If, in the performance of work under this contract, the Contractor enters into a separate agreement
with a company for the protection of proprietary data, the Contractor shall furnish a copy of that
agreement to the Contracting Officer.
(3) The Contractor must educate its employees, through formal training, not to divulge the proprietary
data, trade secrets, confidential information, or restricted data of companies received in connection with
the performance of work under this contract. The Contractor shall provide a plan to implement this
training for the approval of the Contracting Officer.
(4) The Contractor shall obtain from all employees having access to proprietary data under this contract a
written agreement which shall prohibit those employees, during the term of their employment and
thereafter, from disclosing to others or using for their own behalf, the proprietary data, trade secrets,
confidential information, or restricted data received in connection with the performance of work under
this contract.
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(e) The term "Contractor" as used in this clause shall include (i) the corporate or other entity executing
this contract with the Government; (ii) such entity's parent, subsidiary, affiliate, or successor entities to
the extent that the parent, subsidiary, affiliate, or successor entity has responsibility for the performance
of work under this contract; and (iii) the Contractor's subcontractors that (A) operate various facilities at
Ames Research Center, as delineated in the Statement of Work of this contract or (B) handle, receive,
reduce, interpret, or transmit data obtained, used, or produced in conjunction with research programs at
Ames Research Center.
(f) The term "contract" as used in this clause shall include options, extensions, and any successor
contracts performed or to be performed by the Contractor without any other contractor intervening.
(g) The Contractor shall include paragraphs (a) through (f) of this clause in every subcontract.
H.16 HANDLING OF DATA (ARC 52.227-96) (JUN 1989) (Applicable for all purchase
orders/subcontracts.)
(a) Paragraph (d)(1) of the "Rights in Data--General" clause of this contract permits the Government to
restrict the Contractor's right to use, release to others, reproduce, distribute, or publish any data first
produced or specifically used by the Contractor in the performance of the contract provided such
restriction is expressly set forth in the contract. Pursuant to this authority, the following restrictions shall
apply to such data and shall be included, in substance, in all subcontracts:
(b) Data specifically used.
(1) In the performance of this contract, it is anticipated the Contractor may have access, or be furnished,
data (including financial, administrative, cost or pricing, or management information as well as technical
data or computer software) of third parties which the Government has agreed to handle under protective
arrangements, as well as such Government data for which the Government intends to control the use and
dissemination.
(2) In order to protect the interests of the Government and the owners of such data, the Contractor agrees,
with respect to such third party or Government data that is either marked with a restrictive legend or
specifically identified in this contract or in writing by the Contracting Officer as being subject to this
clause, to use and disclose such data only to the extent necessary to perform the work required under this
contract, preclude disclosure of such data outside the Contractor's organization, and return or dispose of
such data as directed by the Contracting Officer when the data is no longer needed for contract
performance.
(3) Notwithstanding the above paragraph, the Contractor shall not be restricted in the use and disclosure
of any data that becomes generally available without breach of this clause by this Contractor, is known to
or is developed by the Contractor independently of any disclosure of proprietary, restricted, or
confidential data hereunder, or is rightfully received by the Contractor from a third party without
restriction.
(c) Data first produced.
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Data first produced by the Contractor under this contract may include data for which the Government
wants to control the use and dissemination. The Contracting Officer may require, or this contract may
presently specify, that the Contractor apply restrictive legends to such identified data prior to delivery to
the Government, or to third parties at the Government's direction, that restrict the use and disclosure of
the data by any third party recipient. However, such restrictive legends shall in no way affect the
Contractor's or the Government's rights to such data as provided in the "Rights in Data--General" clause
of this contract.
FAR Clauses
52.203-6, Restrictions on Subcontractor Sales to the Government (Jul 1995) – This clause is already
called out in CorpDocs, but it should be replaced with the July 1995 version.
52.203-7, Anti-Kickback Procedures (Jul 1995) – This clause is already called out in CorpDocs, but it
should be replaced with the July 1995 version.
52.203-12, Limitation on Payments to Influence Certain Federal Transactions (Jun 1997) – This
clause is already called out in CorpDocs, but it should be replaced with the June 1997 version.
52.204-9, Personal Identity Verification of Contractor Personnel (Jan 2006) – This clause is already
called out in CorpDocs, but it should be replaced with the January 2006 version
52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred,
Suspended, or Proposed for Debarment (Jul 1995) – This clause is already called out in CorpDocs, but
it should be replaced with the July 1995 version.
52.215-2, Audit and Records -- Negotiation (Jun 1999) – The clause is already called out in CorpDocs,
but it should be replaced with the June 1999 version.
52.215-11, Price Reduction for Defective Cost or Pricing Data--Modifications (Oct 1997) – This
clause is already called out in CorpDocs, but it should be replaced with the October 1997 version.
52.215-13, Subcontractor Cost or Pricing Data--Modifications (Oct 1997) – This clause is already
called out in CorpDocs, but it should be replaced with the October 1997 version.
52.215-14, Integrity of Unit Prices (Oct 1997) – This clause is already called out in CorpDocs, but it
should be replaced with the October 1997 version.
52.215-15, Pension Adjustments and Asset Reversions (Dec 1998) – This clause is already called out in
CorpDocs, but it should be replaced with the December 1998 version.
52.215-18, Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than
Pensions (Oct 1997) – This clause is already called out in CorpDocs, but it should be replaced with the
October 1997 version.
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52.215-21, Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing
Data--Modifications (Oct 1997) – This clause is already called out in CorpDocs, but it should be
replaced with the October 1997 version.
52.216-7, Allowable Cost and Payment (Mar 2000) – This clause is already called out in CorpDocs, but
it should be replaced with the March 2000 version.
52.219-8, Utilization of Small Business Concerns (Oct 2000) – This clause is already called out in
CorpDocs, but it should be replaced with the October 2000 version.
52.219-9, Small Business Subcontracting Plan (Oct 2000) – This clause is already called out in
CorpDocs, but it should be replaced with the October 2000 version.
52.222-26, Equal Opportunity (Feb 1999) – This clause is already called out in CorpDocs, but it should
be replaced with the February 1999 version.
52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and
Other Eligible Veterans (Dec 2001) – This clause is already called out in CorpDocs, but it should be
replaced with the December 2001 version.
52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) – This clause is already called
out in CorpDocs, but it should be replaced with the June 1998 version.
52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and
Other Eligible Veterans (Dec 2001) – This clause is already called out in CorpDocs, but it should be
replaced with the December 2001 version.
52.222-41, Service Contract Act of 1965, as Amended (May 1989) – This clause is already called out in
CorpDocs, but it should be replaced with the May 1989 version.
52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (Applicable if FAR 52.22241 is applicable to your purchase order/subcontract.)
52.223-14, Toxic Chemical Release Reporting (Oct 2000) (Applicable if this purchase order/
subcontract exceeds $100,000. "Contracting Officer" means "Lockheed Martin." Paragraph (e) is
deleted.)
52.224-1, Privacy Act Notification (Apr 1984) (Applicable if you are required to design, develop, or
operate a system of records on individuals required to accomplish an agency function.)
52.224-2, Privacy Act (Apr 1984) (Applicable if this purchase order/subcontract requires the design,
development, or operation of such a system of records on individuals that is subject to the Act.)
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52.225-1, Buy American Act--Balance of Payments Program--Supplies (Feb 2000) – This clause is
already called out in CorpDocs, but it should be replaced with the February 2000 version.
52.225-13, Restrictions on Certain Foreign Purchases (Jul 2000) – This clause is already called out in
CorpDocs, but it should be replaced with the July 2000 version.
52.227-1, Authorization and Consent (Jul 1995) – This clause is already called out in CorpDocs, but it
should be replaced with the July 1995 version.
52.227-2, Notice and Assistance Regarding Patent and Copyright Infringement (Aug 1996) – The
basic clause is already called out in CorpDocs, but it should be replaced with the August 1996 version.
52.227-12, Patent Rights--Retention by the Contractor (Long Form) (Jan 1997) (Applicable if this
purchase order/subcontract includes, at any tier, experimental, developmental, or research Work and
contractor is a large business concern. Reports required by this clause shall be filed with the agency
identified in this purchase order/subcontract. If no agency is identified, contact the Lockheed Martin
Procurement Representative identified on the face of this purchase order/subcontract.)
52.227-14, Rights in Data – General (Jun 1987) – The basic clause is already called out in CorpDocs,
but it should be replaced with the June 1987 version.
52.227-16, Additional Data Requirements (Jun 1987) (Applicable if you will be providing data.
"Contracting Officer" means "Lockheed Martin and the Contracting Officer.")
52.227-19, Commercial Computer Software--Restricted Rights (Jun 1987) – The basic clause is
already called out in CorpDocs, but it should be replaced with the June 1987 version.
52.230-2, Cost Accounting Standards (Apr 1998) – The basic clause is already called out in CorpDocs,
but it should be replaced with the April 1998 version.
52.230-6, Administration of Cost Accounting Standards (Nov 1999) – The basic clause is already
called out in CorpDocs, but it should be replaced with the November 1999 version.
52.232-17, Interest (Jun 1996) (Applicable if your purchase order/subcontract contains any clauses
which refers to an Interest clause. “Government” means “Lockheed Martin”)
52.243-2, Changes – Cost Reimbursement (Aug 1987) and Alternate II (Apr 1984) – The basic clause
is already called out in CorpDocs, but Alternate II will apply if your cost reimbursable purchase
order/subcontract is for services and supplies.
52.244-6, Subcontracts for Commercial Items and Commercial Components (Dec 2001) – The basic
clause is already called out in CorpDocs, but it should be replaced with the December 2001 version.
52.245-1, Property Records (Apr 1984) – The basic clause is already called out in CorpDocs, but it
should be replaced with the April 1984 version.
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52.245-5, Government Property (Cost-Reimbursement, Time-and- Material, or Labor-Hour
Contracts) (Jan 1986) (Applicable for all cost-reimbursement purchase orders/subcontracts where
Government property may be acquired, furnished or fabricated to ensure the purchase order/subcontract
contains adequate contractual coverage for liability, use and maintenance of the property. Except with
respect to paragraphs (i) and (j), "Government" means "Lockheed Martin" except in the phrases
"Government property," "Government-furnished property," and in references to title to property.
"Contracting Officer" means "Lockheed Martin." Disposition of property under paragraphs (i) and (j)
shall be made through Lockheed Martin. Paragraphs (g)(1), (g)(2) and (g)(3) of FAR 52.245-5 are deleted
and replaced with the following: "Seller assumes the risk of, and shall be responsible for, any loss or
destruction, or damage to, Government property covered by this clause. However, Seller shall not be
liable for reasonable wear and tear to Government property or for Government Property properly
consumed in the performance of this purchase order/subcontract." The following is added as paragraph
(m) "Seller shall provide to Lockheed Martin immediate notice of any disapproval, withdrawal of
approval, or nonacceptance by the Government of property control system.")
52.246-15, Certificate of Conformance (Apr 1984) (Applicable if you will make direct shipments to the
Government and there is no intervening acceptance by Lockheed Martin.)
52.246-9, Inspection of Research and Development (Short Form) (Apr 1984) (Applicable if you will
be performing research and development work.)
52.249-6, Termination (Cost Reimbursement) (Sep 1996) – The basic clause is already called out in
CorpDocs, but it should be replaced with the September 1996 version.
NASA FAR Clauses
1852.204-76, Security Requirements for Unclassified Information Resources (Jul 2001) – This clause
is already called out in CorpDocs, but it should be replaced with the July 2001 version.
1852.223-70, Safety and Health (May 2001) – This clause is already called out in CorpDocs, but it
should be replaced with the May 2001 version.
1852.223-72, Safety and Health (Short Form) (Apr 2002) (Applicable for all purchase orders/
subcontracts over $100K.)
1852.225-70, Export Licenses (Feb 2000) and Alternate I (Feb 2000) – The basic clause is already
called out in CorpDocs, but Alternate I also applies.
1852.227-70, New Technology (Nov 1998) – This clause is already called out in CorpDocs, but it should
be replaced with the November 1998 version.
1852.227-87, Transfer of Technical Data Under Space Station International Agreements (Apr 1989)
(Applicable if this purchase order/subcontract supports Space Station Freedom Program activities that
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may involve transfer of technical data subject to the International Traffic in Arms Regulations (ITAR), 22
CFR Parts 120-130, or the Export Administration Regulations (EAR), 15 CFR Parts 730-774, in
accordance with the NASA Export Control Program.)
1852.242-71, Travel Outside the United States (Dec 1998) – This clause is already called out in
CorpDocs, but it should be replaced with the December 1998 version.
1852.242-73, NASA Contractor Financial Management Reporting (Jul 2000) – This clause is already
called out in CorpDocs, but it should be replaced with the July 2000 version.
1852.245-70, Contractor Requests for Government-Owned Equipment (Jul 1997) – This clause is
already called out in CorpDocs, but it should be replaced with the July 1997 version.
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