08/27/2012 Document No. ATC115 Flowdowns for Prime Contract N65236-12-C-3281, GALILEO

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08/27/2012
Document No. ATC115
Flowdowns for Prime Contract N65236-12-C-3281, GALILEO
Full Text Clauses
5252.223-9200, OCCUPATIONAL SAFETY AND HEALTH REQUIREMENTS (NOV 2008) (Applicable if
you will be performing work at a SPAWARSYSCEN Atlantic (SSC LANT) facility.)
(a) If performance of any work under this contract is required at a SPAWARSYSCEN Atlantic (SSC LANT)
facility, the Contractor shall contact the Safety and Environmental Office, Code 83510, (843) 218-4008/4009
prior to performance of ANY work under this contract. The purpose of contacting the Safety and Environmental
Office is to obtain and become familiar with any local safety regulations or instructions and to inform the local
Safety Officer of any work taking place on base. Safety and Occupational Health personnel cannot assume a
regulatory role relative to oversight of the contractor safety activities and performance except in an
imminent danger situation. Administrative oversight of contractors is the primary responsibility of the
Contracting Officer and/or the Contracting Officer’s designated representative.
(b) Contractors are responsible for following all safety and health related State and Federal statutes and
corresponding State, Federal and/or Navy regulations protecting the environment, contractor employees,
and persons who live and work in and around contractor and/or federal facilities.
(c) Contractors shall monitor their employees and ensure that they are following all safety regulations
particular to the work areas. Contractors shall ensure that their employees (i) wear appropriate safety
equipment and clothing, (ii) are familiar with all relevant emergency procedures should an accident occur, and
(iii) have access to a telephone and telephone numbers, to include emergency telephone numbers, for the
SPAWARSYSCEN Atlantic (SSC LANT).
5252.227-9207, LIMITED RELEASE OF CONTRACTOR CONFIDENTIAL BUSINESS
INFORMATION (APR 2010) (Applicable to all purchase orders and subcontracts.)
(a) Definition.
“Confidential Business Information,” (Information) as used in this clause, is defined as all forms and types of financial,
business, economic or other types of information other than technical data or computer software/computer software
documentation, whether tangible or intangible, and whether or how stored, compiled, or memorialized physically,
electronically, graphically, photographically, or in writing if -- (1) the owner thereof has taken
reasonable measures to keep such Information secret, and (2) the Information derives independent economic value, actual or
potential from not being generally known to, and not being readily ascertainable through proper means by, the public.
Information does not include technical data, as that term is defined in DFARS 252.227-7013(a)(14),
252.227-7015(a)(4), and 252.227-7018(a)(19). Similarly, Information does not include computer software/computer
software documentation, as those terms are defined in DFARS 252.227-7014(a)(4) and 252.227-7018(a)(4).
(b) The Space and Naval Warfare Systems Command (SPAWAR) may release to individuals employed by SPAWAR
support contractors and their subcontractors Information submitted by the contractor or its subcontractors pursuant to the
provisions of this contract. Information that would ordinarily be entitled to confidential treatment may be included in the
Information released to these individuals. Accordingly, by submission of a proposal or execution of this contract, the offeror
or contractor and its subcontractors consent to a limited release of its Information, but only for purposes as described in
paragraph (c) of this clause.
(c) Circumstances where SPAWAR may release the contractor’s or subcontractors’ Information include the
following:
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Flowdowns for Prime Contract N65236-12-C-3281, GALILEO
(1) To other SPAWAR contractors and subcontractors, and their employees tasked with assisting SPAWAR in handling
and processing Information and documents in the administration of SPAWAR contracts, such as file room management and
contract closeout; and,
(2) To SPAWAR contractors and subcontractors, and their employees tasked with assisting SPAWAR in accounting support
services, including access to cost-reimbursement vouchers.
(d) SPAWAR recognizes its obligation to protect the contractor and its subcontractors from competitive harm that could
result from the release of such Information. SPAWAR will permit the limited release of Information under paragraphs
(c)(1) and (c)(2) only under the following conditions:
(1) SPAWAR determines that access is required by other SPAWAR contractors and their subcontractors to perform the
tasks described in paragraphs (c)(1) and (c)(2);
(2) Access to Information is restricted to individuals with a bona fide need to possess;
(3) Contractors and their subcontractors having access to Information have agreed under their contract or a separate
corporate non-disclosure agreement to provide the same level of protection to the Information that would be provided by
SPAWAR employees. Such contract terms or separate corporate non-disclosure agreement shall require the contractors and
subcontractors to train their employees on how to properly handle the Information to which they will have access, and to
have their employees sign company non disclosure agreements certifying that they understand the sensitive nature of the
Information and that unauthorized use of the Information could expose their company to significant liability. Copies of
such employee non disclosure agreements shall be provided to the Government;
(4) SPAWAR contractors and their subcontractors performing the tasks described in paragraphs (c)(1) or (c)(2) have agreed
under their contract or a separate non-disclosure agreement to not use the Information for any purpose other than
performing the tasks described in paragraphs (c)(1) and (c)(2); and,
(5) Before releasing the Information to a non-Government person to perform the tasks described in paragraphs (c)(1)
and (c)(2), SPAWAR shall provide the contractor a list of the company names to which access is being granted, along
with a Point of Contact for those entities.
(e) SPAWAR’s responsibilities under the Freedom of Information Act are not affected by this clause.
(f) The contractor agrees to include, and require inclusion of, this clause in all subcontracts at any tier that requires the
furnishing of Information.
FAR Clauses
52.203-16, Preventing Personal Conflicts of Interest (Dec 2011) (Applicable to all purchase
orders/subcontracts subcontracts that exceed $150,000; and in which subcontractor employees will perform
acquisition functions closely associated with inherently governmental functions (i.e., instead of performance only
by a self-employed individual).
52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Feb 2012) – This clause
is already called out in CorpDocs, but it should be replaced with the February 2012 version
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52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) – This clause
is already called out in CorpDocs, but it should be replaced with the August 2011 version.
52.227-1, Authorization and Consent (Dec 2007) and Alternate I (Apr 1984) – The basic clause is already
called out in CorpDocs and if it is applicable to you then Alternate I also applies.
52.230-2, Cost Accounting Standards (May 2012) – This clause is already called out in CorpDocs, but it should
be replaced with the May 2012 version.
52.232-17, Interest (Oct 2010) (Applicable if your purchase order/subcontract contains any clauses which refers
to an Interest clause. “Government” means “Lockheed Martin”.)
52.242-2, Production Progress Reports (Apr 1991) (Applicable to all purchase orders/subcontracts subcontracts
where production progress reports are desired.)
52.243-2, Changes – Cost Reimbursement (Aug 1987) and Alternate I (Apr 1984) – The basic clause is
already called out in CorpDocs, but Alternate I will apply if your cost reimbursable purchase order/subcontract is
for services and no supplies are to be furnished.
52.245-1, Government Property (Apr 2012) – This clause is already called out in CorpDocs, but it should be
replaced with the April 2012 version.
52.245-9, Use and Charges (Apr 2012) (Applicable for all purchase orders and subcontracts when the clause at
52.245–1 is included. Communications with the Government under this clause will be made through Lockheed
Martin.)
52.246-8, Inspection of Research and Development – Cost Reimbursement (May 2001) (Applicable if you
have a cost reimbursable subcontract and will be performing research and development work. "Government"
means "Lockheed Martin" except (1) in paragraphs (b), (c) and (d) where it means "Lockheed Martin and the
Government" and in paragraph (k) where the term is unchanged.)
DFARS Clauses
252.204-7000, Disclosure of Information (Dec 1991) (Applicable for all purchase orders/subcontracts. In
paragraph (b) "Contracting Officer" means "Lockheed Martin" and "45 days" means "60 days.")
252.211-7007, Reporting of Government-Furnished Equipment in the DoD Item Unique Identification
(IUID) Registry (Nov 2008) – This clause is already called out in CorpDocs, but it should be replaced with the
November 2008 version.
252.219-7004, Small Business Subcontracting Plan (Test Program) (Jan 2011) (Applicable for purchase
orders/subcontracts that offer subcontracting possibilities, are expected to exceed $650,000 ($1.5 million for
construction of any public facility), and are required to include the clause at 52.219-8, Utilization of Small
Business Concerns.)
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252.225-7012, Preference for Certain Domestic Commodities (Jun 2010) (Applicable for all purchase
orders/subcontracts with any deliverables of items covered by this clause.)
252.227-7013, Rights in Technical Data--Noncommercial Items (Feb 2012) – This clause is already called out
in CorpDocs, but it should be replaced with the February 2012 version.
252.227-7014, Rights in Noncommercial Computer Software and Noncommercial Computer Software
Documentation (Feb 2012) – This clause is already called out in CorpDocs, but it should be replaced with the
February 2012 version.
252.227-7037, Validation of Restrictive Markings on Technical Data (Jun 2012) – This clause is already
called out in CorpDocs, but it should be replaced with the June 2012 version.
252.246-7000, Material Inspection and Receiving Report (Mar 2008) (Applicable if direct shipments will be made
to the Government.)
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