Document No. ATC122
09/19/2013
Flowdowns for Prime Contract N65236-13-C-2808, GALILEO PHASE 2A
Full Text Clauses
5252.227-9207, LIMITED RELEASE OF CONTRACTOR CONFIDENTIAL BUSINESS
INFORMATION (JAN 2012) (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 including 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 even when --
(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 will 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 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:
(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.
(3) To contractors and subcontractors, and their employees tasked with assisting SPAWAR in technical and administrative support services.
(4) To contractors and subcontractors, and their employees tasked with assisting SPAWAR in furnishing advice or technical assistance in support of the Government’s management and oversight.
(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), (c)(2), (c)(3), and (c)(4) only under the following conditions:
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Document No. ATC122
09/19/2013
Flowdowns for Prime Contract N65236-13-C-2808, GALILEO PHASE 2A
(1) SPAWAR determines that access is required by other SPAWAR contractors and their subcontractors to perform the tasks described in paragraphs (c)(1), (c)(2), (c)(3), and (c)(4);
(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), (c)(2),
(c)(3), and (c)(4) 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), (c)(2), (c)(3), and
(c)(4); and,
(5) Before releasing the Information to a non-Government person to perform the tasks described in paragraphs
(c)(1), (c)(2), (c)(3), and (c)(4), 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.
5252.237-9602, CONTRACTOR IDENTIFICATION (MAY 2004) (Applicable to all purchase orders and subcontracts.)
(a) Contractor employees must be clearly identifiable while on Government property by wearing appropriate badges.
(b) Contractor personnel and their subcontractors must identify themselves as contractors or subcontractors during meetings, telephone conversations, in electronic messages, or correspondence related to this contract.
(c) Contractor-occupied facilities (on Department of the Navy or other Government installations) such as offices, separate rooms, or cubicles must be clearly identified with Contractor supplied signs, name plates or other identification, showing that these are work areas for Contractor or subcontractor personnel.
(End of clause)
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Document No. ATC122
09/19/2013
Flowdowns for Prime Contract N65236-13-C-2808, GALILEO PHASE 2A
FAR Clauses
52.203-7, Anti-Kickback Procedures (Oct 2010)
– This clause is already called out in CorpDocs, but it should be replaced with the October 2010 version.
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
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.
52.232-17, Interest (Oct 2010) (Applicable if your purchase order/subcontract contains any clauses which refers to an Interest clause. “Government” means “Lockheed Martin”.)
52.243-2, Changes – Cost Reimbursement (Aug 1987) and Alternate V (Apr 1984)
–
The basic clause is already called out in CorpDocs, but Alternate V will also apply if your purchase order/subcontract is for research and development.
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.)
52.246-9, Inspection of Research and Development (Short Form) (Apr 1984) (Applicable if you will be performing research and development work. "Government" means "Lockheed Martin and the Government.")
52.249-6, Termination (Cost-Reimbursement) (May 2004) – The basic clause is already called out in
CorpDocs, but it should be replaced with the May 2004 version.
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 Property (Aug 2012) (Applicable if Seller will be in possession of Government property for the performance of this purchase order/subcontract.)
252.219-7004, Small Business Subcontracting Plan (Test Program) (Jan 2011) (Applicable if seller participates in the DoD test program described in DFARS 219.702.)
252.223-7006, Prohibition on Storage and Disposal of Toxic and Hazardous Materials (Apr 2012)
(Applicable if this purchase order/subcontract requires or may require, or permits contractor performance on a
DoD installation.)
252.225-7012, Preference for Certain Domestic Commodities (Feb 2013) (Applicable for all purchase orders/subcontracts with any deliverables of items covered by this clause.)
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Document No. ATC122
09/19/2013
Flowdowns for Prime Contract N65236-13-C-2808, GALILEO PHASE 2A
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.
252.235-7011, Final Scientific or Technical Report (Nov 2004) (Applicable for all purchase orders/ subcontracts for research and development.)
252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (Nov 2010) (Applicable for all purchase orders/subcontracts that may require seller personnel to interact with detainees in the course of their duties.)
252.243-7002, Requests for Equitable Adjustment (Dec 2012) (Applicable to all purchase orders/subcontracts over $150,000. “Government” means “Lockheed Martin.”)
252.244-7000, Subcontracts for Commercial Items and Commercial Components (DoD Contracts) (Mar
2013) (Applicable for all purchase orders/subcontracts.)
252.245-7001, Tagging, Labeling, and Marking of Government-Furnished Property (Apr 2012) (Applicable for purchase orders/subcontracts where the items furnished by you will be subject to serialized tracking.)
252.246-7000, Material Inspection and Receiving Report (Mar 2008) (Applicable if direct shipments will be made to the Government.)
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