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Flowdowns for Prime Contract N00030-06-C-0100
Full Text Clauses
H-8. Wood Packaging Material (Jan 2005) SSP 5252.223-9750 (Applicable for all purchase orders/subcontracts)
1. Except as indicated in paragraph 2, all wood packaging material (including, but not limited to pallets, dunnage, crating, packing blocks, drums, cases, load boards, pallet collars, and skids), which is used under or in connection with this contract, shall be heattreated and certified by an agency accredited by the American Lumber Standards
Committee (ALSC) in accordance with Publication No. 15, International Standards for
Phytosanitary Measures: Guidelines for Regulating Wood Packaging Material in
International Trade, Secretariat of the International Plant Protection convention, Food and
Agricultural Organization of the United Nations, Rome, 2002; the current ALSC Wood
Packaging Material Policy; and the current ALSC Wood Packaging Material
Enforcement Regulations.
2. This clause does not apply to wood packaging material that consists of manufactured wood materials, loose wood packing materials (such as sawdust, wood wool, and shavings), or wood pieces less than 6 mm thick in any dimension.
H-9. Contractor's Employees and Representatives in the U.K. (Sep 1999), SSP
5252.225-9750 (Applicable if the supplier will be performing any work in the United
Kingdom)
1. If any work is performed in the U.K., the Contractor shall ensure that its employees and the employees of its subcontractors learn and comply with (a) the rules, regulations, and requirements of the place in the U.K. where the work is performed, and (b) the security regulations and requirements of the U.K. Ministry of Defence. If a Contractor or subcontractor employee is not qualified to perform the required work or is otherwise unsuitable, the Contracting Officer may direct that such employee be returned to the
United States and replaced with a qualified and suitable employee.
2. The United States has an obligation to assure that the work under this contract for the benefit of the U.K is consistent with the terms of this contract and the Polaris Sales
Agreement. Accordingly, Contractor representatives in the U.K. shall abide by the requirements of SSPINST 5450.8, as amended. If an amendment to SSPINST 5450.8 causes an increase or decrease in the cost of performing this contract, an equitable adjustment shall be made in accordance with the procedures of the "Changes" clause.
Such equitable adjustment shall include an adjustment in fee or profit only at the discretion of the Contracting Officer.
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H-10. Non-Disclosure Agreements (Sep 1999), SSP 5252.227-9750 (Applicable for all purchase orders/subcontracts)
The Trade Secrets Act, 18 U.S.C. § 1905, prohibits Government employees from making unauthorized disclosures of a contractor's or subcontractor's proprietary information.
Government employees shall not be required to sign a non-disclosure agreement or any other document, or to furnish personal or biographical information or documents, as a condition to gaining access to a contractor's or subcontractor's data or other information needed to perform their official duties. The Contractor shall include, and ensure inclusion of, this clause, suitably modified to identify the parties, in all subcontracts at all tiers.
H-14. Earned Value Management Systems Requirements (Jul 2006), SSP 5252.242-9751
(Applicable to CLINs 0001, 0006, 0008, 0010, 0011, 0012, 0015, 0016, 0017, 0018, 0021, 0022, and 0023) (Applicable if your contract meets the EVMS thresholds and/or you are assigned critical tasks)
1. This clause applies only to contract line items to which the Earned Value Management
System clause, DFARS 252.242-7002, applies. The contract line items to which this clause applies are referred to below as “the CLINs.”
2. If the total value of the CLINs is equal to or more than $50 million, the following is hereby inserted into the statement of work of the CLINs: In regard to DFARS 252.242-
7001 and 252.242-7002, the Contractor is required to have an Earned Value Management
System that complies with ANSI/EIA-748 and is formally validated and accepted by the
Government.
3. If the total value of the CLINs is equal to or more than $20 million, but less than $50 million, the following is hereby inserted into the statement of work of the CLINs: In regard to DFARS 252.242-7001 and 252.242-7002, the Contractor is required to have an
Earned Value Management System that complies with ANSI/EIA-748; however, the
Government will not formally validate/accept the Contractor's management system (no formal review).
4. The following is hereby inserted into the statement of work of the CLINs:
(a) Integrated Master Plan (IMP) (CLIN 0017 only). The Contractor shall manage the execution of the program using the IMP and the associated Integrated Master
Schedule (IMS) as day-to-day execution tools and to periodically assess progress in meeting program requirements. The Contractor shall maintain and update the IMP when it is deemed necessary to reflect changes in the ongoing program. The Contractor shall report on program progress in accordance with the IMP at each program management review, at selected technical reviews, and at other times at the Government’s request.
(b) IMS (CLIN 0017 only). (1) The Contractor shall revise the IMS, where necessary, to reflect the IMP. The Contractor shall use the IMS as a day-to-day
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Contractor shall maintain and update the IMS, when necessary, to reflect changes in the
IMP, or changes in the Contractor’s detailed execution activities or schedule. The IMS shall include the activities of the prime contractor and its major subcontractors. All contractor schedule information delivered to the Government or presented at program reviews shall originate from the IMS. The Contractor shall perform appropriate analyses of the IMS tasks and report potential or existing problem areas and recommend corrective actions to eliminate or reduce schedule impact (Contract Data Requirements List, DI-
MGMT-81650, Integrated Master Schedule).
(2) No specific format or scheduling technique is prescribed. The
IMS will have the following characteristics:
(i) It will be consistent with the contract work breakdown structure.
(ii) It must be detailed sufficiently that critical and high risk efforts are identified and planned as realistically to assure executability. The IMS will be extended and expanded as the contract or agreement unfolds and additional insight is needed (for example, rolling wave detail planning or scope changes).
(iii) It will include the efforts of all activities, including Contractor or supplier and subcontractor.
(iv) It will present a current, integrated view of the contract or agreement that is consistent with resource plans, Contract Performance
Reports, and other approved documentation.
(v) It should reflect those risks identified and documented in the
Contractor’s risk management plan.
(c) Use of IMP and IMS. The Government will use the IMP and IMS to evaluate contract performance with respect to the credibility and realism of the Contractor’s approach to executing the effort within cost and schedule constraints.
(d) Contract Work Breakdown Structure (CWBS). The Contractor shall maintain the
CWBS and dictionary in accordance with DI-MGMT-81334 using MIL-HDBK-881 for guidance only. The CWBS shall provide the basis for further extension by the Contractor to lower levels during the performance of the contract. The Contractor shall extend the
CWBS to the appropriate level required to provide adequate internal management, surveillance, and performance measurement, regardless of the reporting level stipulated in the contract for Government visibility. The Contractor shall use the CWBS as the primary framework for contract planning, budgeting, and reporting of the cost, schedule and technical performance status to the Government. The Contractor shall analyze the system requirements generated and translate them into a structure representing the products and services that comprise the entire work effort commensurate with the
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Applicable Documents
MIL-HDBK-881
Title and Tailored Application
Work Breakdown Structure for Defense
Material Items –
FOR GUIDANCE ONLY
DI-MGMT-81334 Contract Work Breakdown Structure
(e) Performance Management System. The Contractor shall utilize its existing, internal performance management system to plan, schedule, budget, monitor, manage, and report cost, schedule, and technical status applicable to the contract. The
Contractor's internal performance management system shall serve as the single, formal, integrated system that meets both the Contractor's internal management requirements and the requirements of the Government for timely, reliable, and auditable performance information. The Contractor's system shall satisfy the Industry Standards delineated in the ANSI / EIA-748-1998, the Earned Value Management General Provisions of the contract and this Statement of Work (SOW). The Contractor shall not establish a separate or unique internal performance management system for purposes of planning, scheduling, directing, statusing, recording, or reporting progress under this contract.
(f) Contractor Performance Management System. The Contractor's system shall meet the guidelines and be maintained in accordance with the requirements of the Earned
Value Management Systems Standard as described in this Contract, under DFARS
Clause 252.242-7002, and the Contractor's own documented System Description.
(g) Integrated Baseline Review (IBR) (CLIN 0017 only). An IBR focusing on the realism of the Contractor's integrated Performance Measurement Baseline (PMB) and the appropriateness of the earned value methodology to be employed under the contract shall occur as soon as possible after the contract PMB is in place, but, in no event without specific authorization of the Contracting Officer, shall this IBR be delayed past the sixth months of award of this Contract. Participation in the IBR shall be a joint responsibility of both the Government Program Manager and the contractor. The Contractor shall flowdown the IBR requirement to those subcontractors that meet the applicable thresholds for
EVM reporting. The Contractor shall lead the IBR at subcontractors, with active participation from the Government.
(h) Application To Subcontractors. The Contractor shall flow-down Earned
Value Management requirements to subcontractors meeting the applicable thresholds and/or assigned critical tasks. The performance information reported by the subcontractors shall be incorporated and integrated into the Contractor's management system. The Contractor shall be responsible for reviewing and assuring the validity of all subcontractor reporting.
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Applicable Documents
DFARS 252.242-7002
Title and Tailored Application
Earned Value Management Systems -- All
(i) Integrated Program Management (IPM) Reporting. The Contractor shall report
Earned Value Management data as applicable to this contract in accordance with the requirements stated herein and the Contract Data Requirements List (CDRL). All reporting shall correspond to applicable CWBS elements. The Contractor shall reconcile the cost/schedule data elements in the Contract Funds Status Report (CFSR) with the
Contractor Performance Report (CPR) when these documents are submitted in the same month. The Contractor shall provide a reconciliation of the CFSR with CPR as an addendum to the CPR. (DI-MGMT-81466/T, DI-MGMT-81468).
(j) Application To Subcontractors. The Contractor shall flow-down Contractor
Performance Reporting (CPR) to subcontractors meeting applicable thresholds and/or assigned critical tasks. Subcontractor performance management information shall be integrated into the Contractor's CPR and other cost reports.
(k) Electronic Transmission Of Data. The Contractor shall format the deliverable data for electronic data interchange (EDI) in accordance with the ANSI X12 Standard.
Applicable Document Title and Tailored Application
ANSI X12 American National Standards
Institute, 839 Project Cost
Reporting and 806 Project
Schedule Reporting Transition Sets
(XML Preferred)
(l) SSPINST 7720.4D. Performance under this contract shall be in accordance with the latest version of SSPINST 7720.4D, which is hereby incorporated by reference in this SOW, to the extent consistent with law and regulation.
H-20. DoN Additional Safety Requirements Applicable to Specified Government
Furnished Ammunition and Explosives (Oct 1997) NAPS 5252.223-9000
(Applicable if you are being provided Government Furnished Material (GFM)
Ammunition and Explosive (A&E) containing nitrocellulose-based propellants and/or nitrate ester-based materials, or other such similar A&E provided GFM)
The following additional safety requirements apply to Government Furnished Material
(GFM) Ammunition and Explosives (A&E) containing nitrocellulose-based propellants and/or nitrate ester-based materials (such as nitroglycerin,) or such other similar A&E provided as GFM and designated by the Contracting Officer which have a tendency to become chemically unstable over time:
(a) The Contractor shall maintain inventory control records of potentially unstable GFM
A&E by National Stock Number (NSN) or part number, lot number, nomenclature, storage location, quantity and date of receipt.
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(b) The Contractor shall comply with any Government notice concerning any restrictions, suspensions and limitations imposed by the cognizant Government component on GFM
A&E to ensure that the materials are safe for continued storage.
(c) Upon receipt of a notice from the Government of reclassification actions taken by the
Government that render GFM A&E unserviceable, suspended or restricted, the
Contractor shall immediately follow the instructions contained within the notice.
(d) When directed by the Government, the Contractor shall ship samples of GFM A&E in its possession to Government testing facilities. GFM A&E samples will be shipped with the Contract Number, NSN or part number, lot number, nomenclature and quantity clearly marked on the Bill of Lading. Failure to comply may result in rejection and/or disposal of the material at the destination at the expense of the Contractor. Any costs associated with the rejection and/or disposal of non-compliant or unauthorized shipments shall be borne by the Contractor.
(e) Within 30 days of completion or termination of the contract, the Contractor shall request disposition instructions from the Contracting Officer for any residual, unserviceable, suspended or restricted GFM A&E. The Contracting Officer shall provide disposition instructions to the Contractor not later than 90 days after they are requested.
(f) If disposition instructions direct shipment to a Government disposal or storage activity, the Contractor shall obtain verification of the contents and marking by the contract administration office Quality Assurance Representative prior to shipment.
Additionally, the Contractor shall notify the receiving activity 30 days prior to shipment and provide a detailed list of GFM A&E being returned. Returned materials will be shipped with the Contract Number, NSN or part number, lot number, nomenclature and quantity clearly marked. Failure to comply may result in rejection and/or disposal of the material at the destination at the expense of the Contractor. Any costs associated with the rejection and/or disposal of non-compliant or unauthorized shipments shall be borne by the Contractor.
(g) If the Contractor has the capability to dispose of these materials at its facility and has been instructed to do so through disposition instructions, the Contractor shall provide written notice to the Contracting Officer identifying the materials it is disposing of by the
Contract Number, NSN or part number, lot number, nomenclature and quantity, and the date the disposition of the materials was accomplished.
(h) If direction issued under this clause causes an increase in the cost of performance under this contract, the Contracting Officer shall make an equitable adjustment in the contract price.
H-34. Government Bills of Lading (Applicable if you will have deliverables)
All shipments from Contractor's or Subcontractor's plant to the Contractor, the boost propulsion subcontractors, the Contractor's field operations or the Government, shall be on Government Bills of Lading (GBL). All shipments from Contractor Field Operations to the Contractor, boost propulsion subcontractors, subcontractors or Government
Facilities shall be on GBL.
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Commercial Bills of Lading (CBL) may be used when schedule, cost or other program advantages may thereby be obtained. The utilization of GBLs does not relieve the
Contractor from its responsibility to evaluate transportation costs in award of competitive subcontracts issued hereunder.
H-44. United Kingdom Subcontracts: (Applicable to all purchase orders/subcontracts)
A. The Contractor, and its subcontractors to the extent practical and technically feasible, are directed to extend to United Kingdom (U.K.) firms on the same terms as with United
States (U.S.) firms, the right to compete for TRIDENT II (D5) missile systems components. The Contractor is permitted to evaluate offers from and make awards to
U.K. firms without applying differentials under the Buy American Act (41 U.S.C. 10(a)-
(d)) and the Department of Defense Balance of Payments Program. The U.S./U.K.
TRIDENT II (D5) program has been designated a "U.S. Government-approved Project" in accordance with the International Traffic in Arms Regulation (ITAR) and the export of technical data and hardware by the Contractor and its subcontractors is authorized in accordance with that certain U.S. Department of State letter dated July 1, 1982, and transmitted to the Contractor on July 7, 1982 as modified by that certain U.S. Department of State letter dated August 15, 1986 and transmitted to the Contractor on July 15, 1987.
B. Any subcontract or purchase order entered into with a U.K. firm or person shall:
(1). limit the use of the technical data to that required by the contract or purchase order;
(2). prohibit the disclosure of the data to any other person except duly qualified subcontractors for the equipment within the U.K.;
(3). prohibit the acquisition of any rights in the data by any foreign person without the approval of the Department of State; and
(4). provide that any subcontracts between foreign persons in the U.K. issued pursuant to this contract shall contain all the limitation herein.
C. The Contractor shall advise all U.K. subcontractors, in writing, that:
The technical data exported from the United States in furtherance of the U.S./U.K.
TRIDENT II (D5) Program, and any defense article which may be produced or manufactured from such technical data, may not be directly or indirectly sold, leased, released, assigned, transferred, conveyed or in any other manner disposed of, in or to any person or entity in a third country or to a national of a third country, unless the prior written approval of the U.S. Department of State has been obtained.
D. Technical data, as used herein, shall have the meaning set forth in ITAR 120.21; however, the restrictions on classified information, as set forth in the above referenced letter of July 1, 1982 signed by Jonathan T. Howe, RADM, USN, pertain.
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FAR Clauses
52.204-9, Personal Identity Verification of Contractor Personnel (Nov 2006) –
(Applicable if you will have will have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system)
52.215-2, Audit and Records—Negotiation (Jun 1999) – Alternate II (Apr 1998) –
(The basic clause is already called out in Corpdocs, but Alternate II applies if you are a nonprofit or educational institution.)
52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (Applicable if FAR 52.222-41 is applicable to your contract)
52.222-43, Fair Labor Standards Act and Service Contract Act – Price Adjustment
(Multiple Year and Option Contracts) (Nov 2006) (Applicable if FAR 52.222-41 is applicable to your contract)
52.222-44, Fair Labor Standards Act and Service Contract Act – Price Adjustment
(Feb 2002) (Applicable if FAR 52.222-41 is applicable to your contract)
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 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 (Jul 1995) – 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.
52.228-3, Workers’ Compensation Insurance (Defense Base Act) (Apr 1984)
(Applicable if the Defense Base Act applies to your contract)
52.229-8, Taxes -- Foreign Cost-Reimbursement Contracts (MAR 1990) (Applicable if you received a cost reimbursement subcontract and will be performing part or all of it in a foreign country)
52.234-4, Earned Value Management System (Jul 2006) (Applicable if you are called out in paragraph (g) of this clause in the Prime Contract)
52.239-1, Privacy or Security Safeguards (Aug 1996). (Applicable if acquisition is for information technology, and/or for the design development, or operation of a system of records using commercial information technology services or support services.)
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52.243-1, Changes – Cost Reimbursement (Aug 1987) – Alternate II (Apr 1984),
Alternate V (Apr 1984). The basic clause is already called out in Corpdocs, but
Alternate II will also apply if your contract is basically for services, but supplies will also be provided. Alternate V will apply if your contract is for research and development.
52.243-2, Changes – Cost Reimbursement (Aug 1987) – Alternate II (Apr 1984),
Alternate V (Apr 1984). The basic clause is already called out in Corpdocs, but
Alternate II will also apply if your contract is basically for services, but supplies will also be provided. Alternate V will apply if your contract is for research and development.
52.245-9, Use and Charges (Aug 2005) (Applicable for all purchase orders and subcontracts where government facilities will be provided.)
52.246-2, Inspection of Supplies – Fixed Price (Aug 1996) – Alternate I (Jul 1985)
The basic clause is already called out in Corpdocs, but Alternate I will also apply if you have a fixed price incentive contract.
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.
52.246-15, Certificate of Conformance (Apr 1984) (Applicable if you will be making direct shipments to the Government and there will be no intervening acceptance by
Lockheed Martin)
52.249-9, Default (Fixed Price Research & Development) (Apr 1984) . (Applicable to fixed price purchase orders/subcontracts for research and development.)
DFARS Clauses
252.204-7000, Disclosure of Information (Dec 1991).
(Applicable for all purchase orders/subcontracts.)
252.211-7006, Radio Frequency Identification (May 2006). ( Applicable if you will make direct shipments to the Government of items covered by this clause.)
252.222-7006, Combating Trafficking in Persons (Oct 2006) ( Applicable to any contract performance that is performed outside the United States.)
252.225-7006, Quarterly Reporting of Actual Contract Performance Outside the
United States (Jun 2005) (Applicable if your purchase order/subcontract exceeds
$500,000, except procurements for commercial items, construction, ores, natural gases, utilities, petroleum products and crudes, timber (logs) or subsistence.)
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252.225-7007, Prohibition on Acquisition of United States Munitions List Items from Communist Chinese Military Companies (Sep 2006) (Applicable if you will delivering any items that are listed on the United States Munitions List.)
252.225-7012, Preference for Certain Domestic Commodities (Jun 2004).
(Applicable for all purchase orders/subcontracts with deliverables.)
252.225-7013, Duty-Free Entry (Oct 2006) (Applicable if you will have international shipments of Qualifying country components or nonqualifying country components for which you estimate that duty will exceed $200 per unit.)
252.225-7027, Restriction on Contingent Fees for Foreign Military Sales (Apr 2003)
(Applicable for all purchase orders/subcontracts) (insert “not applicable” in blank)
252.225-7028, Exclusionary Policies and Practices of Foreign Governments (Apr
2003) (Applicable for all purchase orders/subcontracts)
252.225-7030, Restriction on Acquisition of Carbon, Alloy, and Armor Steel Plate
(Apr 2003). Applicable to all purchase orders and subcontracts for carbon, alloy, and armor steel plate in Federal supply class 9515 or described by American Society for
Testing Materials (ASTM) or American Iron and Steel Institute (AISI) specifications, furnished as a deliverable item under the prime contract.
252.225-7036, Buy American Act – Free Trade Agreements – Balance of Payments
Program (Oct 2006) and Alternate I (Oct 2006) (Applicable for all purchase orders/subcontracts, Alternate I is also applicable if you contract is $25,000 or more, but less than $64,786.)
252.227-7017, Identification and Assertion of Use, Release, or Disclosure
Restricitons (Jun 1995). (Applicable if acquisition is for non-commercial items. In this clause “Offeror” means “Seller,” “Contracting Officer” means “Lockheed Martin or
Contracting Officer.” In paragraphs (a) and (b) the reference to the Small Business
Innovative Research Data Rights clause are deleted.)
252.229-7006, Value Added Tax Exclusion (United Kingdom) (Jun 1997) (Applicable if you are a United Kingdom business.)
252.239-7000, Protection Against Compromising Emanations (Jun 2004).
(Applicable if classified work is required.)
252.242-7002, Earned Value Management System (Mar 2005) (Applicable if you are listed in paragraph (f) of this clause in the Prime Contract.)
252.242-7003, Application for U.S. Government Shipping
Documentation/Instructions (Dec 1991) (Applicable if your shipments will be made via a Government Bill of Lading.)
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252.242-7005, Cost/Schedule Status Report (Mar 2005) (Applicable if your contract is other than firm-fixed-price, 12 months or more in duration, and has critical or significant tasks related to the prime contract.)
252.242-7006, Cost/Schedule Status Report Plans (Mar 2005) This is a solicitations clause only and should be in all RFQ/RFPs where Cost/Schedule Reporting is anticipated.
252.243-7002, Requests for Equitable Adjustment (Mar 1998). (Applies to all purchase orders/subcontracts over $100,000.)
252.246-7000, Material Inspection and Receiving Report – (Mar 2003). (Applicable if direct shipments will be made to the Government.)
NMCARS Clause
5252.223-9000, DoN Additional Safety Requirements Applicable to Specified
Government Furnished Ammunition and Explosives (Oct 1997). (Applicable if you are required to store ammunition and/or explosives in support of this contract)
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