Document No. CS062 11/17/08 Flowdowns for Prime Contract DE-AC07-00SF22191, Stirling Radioisotope

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Document No. CS062
11/17/08
Flowdowns for Prime Contract DE-AC07-00SF22191, Stirling Radioisotope
Generator (SRG) 110
Full Text Clauses
H.010, Confidentiality of Information (May 1996) (Applicable if you will be furnished
with confidential or proprietary information.)
(a) To the extent that work under this contract requires that the Contractor be given
access to or be furnished with confidential or proprietary business, technical, or financial
information or data belonging to other entities which is clearly marked as confidential or
proprietary, the Contractor shall, after receipt thereof, treat such information in
confidence and agrees not to appropriate such information to its own use or to disclose
such information to third parties unless specifically authorized in writing by the
Contracting Officer. The foregoing obligations, however, shall not apply to:
(1) Information or data which is in the public domain at the time or receipt by the
Contractor;
(2) Information or data which is published or otherwise subsequently becomes part of
the public domain through no fault of the Contractor;
(3) Information or data which the Contractor can demonstrate was already in its
possession at the time of receipt thereof; or
(4) Information or data which the Contractor can demonstrate was received by it from a
third party who did not require the Contractor to treat it in confidence.
(b) The Contractor agrees (1) to enter into an agreement, identical in all material respects
to the requirements of paragraph (a) above, with each entity supplying such confidential
or proprietary information or data to the Contractor under this contract and (2) to supply a
copy of such agreement to the Contracting Officer. Upon request to the Contracting
Officer, the Contractor shall furnish the Government with reports which specify any
information or data received as confidential or proprietary and which identify the entity
or entities who supplied the Contractor with such information or data.
(c) The Contractor shall obtain the written agreement of each employee permitted access
to or furnished with confidential or proprietary business, technical, or financial
information or data, whereby the employee agrees that such information or data which
the Contractor is obligated to treat in confidence will not be discussed, divulged or
disclosed except to those persons within the Contractor’s organization directly concerned
with the performance of this contract or to the Government representatives.
Notwithstanding the foregoing Contractor-employee agreement, upon request of the
Contracting Officer, the Contractor agrees to obtain from each employee a confidentiality
agreement acceptable to the Contracting Officer.
(d) This clause shall be included in any subcontract under which there is a requirement or
there becomes a requirement that the subcontractor be given access to or be furnished
with confidential or proprietary business, technical, or financial information or data.
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1.110, Quality Assurance (May 1996) (Applicable to all purchase orders/subcontracts.)
(a) The Contractor shall establish, implement, and maintain a quality assurance program
meeting the requirements of ANSI/ASME NQA-1 “Quality Assurance Program
Requirements for Nuclear Facilities” (1983 edition and addenda thereto), unless
otherwise specified in this contract. The extent to which NQA-1 applies is dependent
upon the nature and scope of work to be performed, and the relative importance of the
items or services being produced, as determined by the Contractor and subject to review
and approval by the DOE Oakland Operations Office or as otherwise specified in this
contract.
(b) The quality assurance program, including procedures, processes, and products, shall
be documented and subject to review by the Contracting Officer or his designated
representative. The Contracting Officer may furnish written notice of the acceptability of
the Contractor’s quality assurance program.
(c) All supplies and services under the contract, whether manufactured or performed
within the Contractor’s facility or at any other source, shall be controlled at all points
necessary to assure conformance with contractual requirements. The Contractor is totally
responsible for all supplies and services provided under this contract. Government
inspection shall not replace Contractor inspection or otherwise relieve the Contractor of
his responsibility to furnish an acceptable product.
FAR Clauses
52.224-1, Privacy Act Notification (Apr 1984). (Applicable if contract requires the
design, development, or operation of such a system of records on individuals that is
subject to the Act.)
52.224-2, Privacy Act (Apr 1984). (Applicable if contract requires the design,
development, or operation of such a system of records on individuals that is subject to the
Act.)
52.227-1, Authorization and Consent (Dec 2007) – Alternate I (Apr 1984) – The basic
clause is already called out in Corpdocs, but Alternate I also applies to you if your
contract is for research and development.
52.227-14, Rights in Data – General (Dec 2007), Alternate II (Jun 1987), Alternate
III (Jun 1987) and Alternate V (Jun 1987). The basic clause is already called out in
Corpdocs, but Alternate II will apply to you contract if the basic clause is applicable,
Alternate II will apply if you are providing computer software and Alternate V will apply
if the basic clause applies.
52.232-17, Interest (Jun 1996) – (Applicable if your contract contains any clauses which
refers to an Interest clause)
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52.243-1, Changes – Fixed Price (Aug 1987) – Alternate V (Apr 1984). The basic
clause is already called out in Corpdocs, but Alternate V will also apply if your contract
is for research and development.
52.243-2, Changes – Cost Reimbursement (Aug 1987) – Alternate V (Apr 1984). The
basic clause is already called out in Corpdocs, but Alternate V will also apply if your
contract is for research and development.
52.245-19, Government Property Furnished “As Is” (Apr 1984). (Applicable if you
will receive government property which was furnished to Lockheed Martin on an “as is”
basis. "Contracting Officer" means "Lockheed Martin." "Government" means "Lockheed
Martin" except (1) in the phrase "Government Property" and (2) in the last sentence of
paragraph (b).)
52.246-7, Inspection of Research and Development – Fixed Price (Aug 1996).
(Applicable if you have a fixed price contract and will be performing research and
development work. "Government" means "Lockheed Martin and the Government " in
paragraphs (a), (b) and (c). "Government" means "Lockheed Martin" in paragraphs (d),
(e), and (f). "Contracting Officer" means "Lockheed Martin.")
52.246-8, Inspection of Research and Development (Cost Reimbursement) (Apr
1984) and Alternate I (Apr 1984). (The basic clause is applicable if you have a cost
reimbursable contract and will be performing research and development work. Alternate
I will also apply if you have a cost no fee contract.)
DEAR Clauses
952.216-7, Allowable Cost and Payment, Alternate II (Nov 1995). (Applicable for all
cost reimbursable contracts.)
952.227-9, Refund of Royalties (Mar 1995). (Applicable if royalties of $250 or more
are part of your contract.)
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