Document No. FBM056
Revised 4/10/09
Flowdowns for Prime Contract N00030-07-C-0100, FY’08 P&DSS
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.
H-10. Non-Disclosure Agreements (Sep 1999), SSP 5252.227-9750 (Applicable for all
purchase orders/subcontracts)
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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, 0017, 0018, 0021, 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 252.2427001 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
execution tool and to periodically assess progress in meeting program requirements. The
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
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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, DIMGMT-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
acquisition phase and contract requirements. The Contractor's team or organizational
entity responsible for the systems engineering of the system shall prepare the technical
elements of the extended CWBS. The Contractor shall update the CWBS during the
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execution of the contract. Changes to the CWBS or associated definitions at any
reporting level shall require approval of the Government (DI-MGMT-81334A).
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.
Applicable Documents
DFARS 252.242-7002
Title and Tailored Application
Earned Value Management Systems -- All
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(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
ANSI X12
Title and Tailored Application
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-14A Earned Value Management System Requirements (May 2008), SSP
5252.234-9751 (applicable to CLINs 0031 and 0036) (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 252.234-7002, applies. The contract line items to which this
clause applies are referred to below as “the CLINs.”
2. The following is hereby inserted into the statement of work of the CLINs:
(a) Integrated Master Plan (IMP) (Applicable to CLIN 0031. Not applicable to CLIN
0036). 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 (Applicable to CLIN 0031. Not Applicable to CLIN 0036). (1) The Contractor
shall revise the IMS, where necessary, to reflect the IMP. The Contractor shall use the
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IMS as a day-to-day execution tool and to periodically assess progress in meeting
program requirements. The 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
acquisition phase and contract requirements. The Contractor's team or organizational
entity responsible for the systems engineering of the system shall prepare the technical
elements of the extended CWBS. The Contractor shall update the CWBS during the
execution of the contract. Changes to the CWBS or associated definitions at any reporting
level shall require approval of the Government (DI-MGMT-81334A). Applicable
Documents Title and Tailored Application MIL-HDBK-881 Work Breakdown Structure
for Defense Material Items – FOR GUIDANCE ONLY DI-MGMT-81334 Contract
Work Breakdown Structure
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Revised 4/10/09
(e) Earned Value Management System. The Contractor shall utilize its existing, internal
Earned Value Management System to plan, schedule, budget, monitor, manage, and
report cost, schedule, and technical status applicable to the contract. The Contractor's
internal EVMS 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 / EIA748-1998, 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
252.234-7002, and the Contractor's own documented System Description.
(g) Integrated Baseline Review (IBR) (Applicable to CLIN 0031). 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 subcontractors
reporting. Applicable Documents Title and Tailored Application DFARS 252.234-7002
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.
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Revised 4/10/09
Applicable Document Title and Tailored Application ANSI X12 American National
Standards Institute, 839 Reporting and 806 Project Project Cost 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. ATK shall perform EVMS
consistent with ATK standard practices which, at the time of this directive, provides
Format 1 and 5 Contract Performance Reports.
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.
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.
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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.
H-70. Disclosure of Information Related to FBM (Applicable to all purchase
orders/subcontracts)
For the purpose of DFAR Clause 252.204-7000 Disclosure of Information, “Contractor’s
organization” for the purposes of this contract is defined to mean only those people who
work directly on the FBM Program.
FAR Clauses
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.)
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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)
52.232-17, Interest (Jun 1996) (Applicable for all purchase orders/subcontracts)
"Government" means "Lockheed Martin."
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.)
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) and
Alternate V (Apr 1984). The basic clause is already called out in Corpdocs, but
Alternate II will apply if supplies are to be furnished, Alternate V will also apply if your
contract is a research and development contract.
52.245-1, Government Property (Jun 2007) and Alternate I (Jun 2007) (The basic
clause is already called out in Corpdocs. Alternate I will also apply if your contract is
something other than a cost reimbursement contract, a time and materials contract, a
labor-hour contract or a fixed price contract awarded on the basis of submission of cost or
pricing data.)
52.245-9, Use and Charges (Jun 2007) (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.
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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.
52.246-9, Inspection of Research and Development (Short Form) (Apr 1984).
Applicable if you will be performing research and development work and FAR 52.246-8
is not applicable to you.
52.246-15, Certificate of Conformance (Apr 1984), Applicable if you will be making
direct shipments to the Government and there is 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 (Feb 2007). (Applicable if you will
make direct shipments to the Government of items covered by this clause.)
252.215-7004, Excessive Pass-Through Charges (Apr 2007) (Applicable for all
purchase orders and subcontracts, except for firm fixed price or fixed price with
economic adjustment procurements awarded on the basis of adequate price competition
or firm fixed price or fixed price with economic adjustment procurements for commercial
items.
252.217-7026, Identification of Sources of Supply (Nov 1995). (Applicable if you will
be furnishing items acquired by lower tier subcontractors without added value.)
252.222-7006, Combating Trafficking in Persons (Oct 2006). (Applicable if this
contract will be performed outside the United States and it is for non-commercial services
or if the contract will be performed in the United States and it is for non-commercial
services.) "Contracting Officer" means "Lockheed Martin." In paragraph (f),
"Government" means "Lockheed Martin and the Government."
252.225-7006, Quarterly Reporting of Actual Contract Performance Outside the
United States (May 2007) (Applicable if your purchase order/subcontract exceeds
$550,000, except procurements for commercial items, construction, ores, natural gases,
utilities, petroleum products and crudes, timber (logs) or subsistence.)
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.)
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252.225-7012, Preference for Certain Domestic Commodities (Jan 2007).
(Applicable for all purchase orders/subcontracts with deliverables.)
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.)
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.)
252.239-7016, Telecommunications Security Equipment, Devices, Techniques, and
Services (Dec 1991) (Applicable if your contract requires securing telecommunications.
In the blank in paragraph (b) insert “the location designated in the prime contract or
designated by the contracting officer”. In the two blanks in paragraph (c) insert “the
location designated in the prime contract or designated by the contracting officer” and
“the equipment, devices, techniques, and/or services designated in this contract or
designated by the contracting officer”, respectively.)
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 you will be making shipments
utilizing 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.)
252.246-7003, Notification of Potential Safety Issues (Jan 2007) Applicable if your
contract is for (i) Parts identified as critical safety items; (ii) Systems and subsystems,
assemblies, and subassemblies integral to a system; or (iii) Repair, maintenance, logistics
support, or overhaul services for systems and subsystems, assemblies, subassemblies, and
parts integral to a system.
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)
PREFERENCE FOR DOMESTIC SPECIALTY METALS (DEVIATION 2008O0002), DFARS 252.225-7014 (Replaces the basic clause called out in Corpdocs)
(a) Definitions. As used in this clause—
(1) “Produce” means the application of forces or processes to a specialty metal to create
desired physical properties through quenching or tempering of steel plate, or gas
atomization or sputtering of titanium.
(2) “Specialty metals” means -(i) Steel—
(A) With a maximum alloy content exceeding one or more of the following limits:
manganese, 1.65 percent; silicon, 0.60 percent; or copper, 0.60 percent; or
(B) Containing more than 0.25 percent of any of the following elements: aluminum,
chromium, cobalt, molybdenum, nickel, niobium (columbium), titanium, tungsten, or
vanadium;
(ii) Metal alloys consisting of –
(A) Nickel or iron-nickel alloys that contain a total of alloying metals other than nickel
and iron in excess of 10 percent; or
(B) Cobalt alloys that contain a total of alloying metals other than cobalt and iron in
excess of 10 percent;
(iii) Titanium and titanium alloys; or
(iv) Zirconium and zirconium alloys.
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(b) Any specialty metal delivered under this contract shall be melted or produced in the
United States or its outlying areas.
PREFERENCE FOR DOMESTIC SPECIALTY METALS (DEVIATION 2008O0002) – ALTERNATE I (DEVIATION 2008-O0002), DFARS 252.225-7014
(Applies in lieu of the basic deviation clause to the extent this contract requires delivery
of any of the following items, or components of the following items: (i) Aircraft. (ii)
Missile and space systems. (iii) Ships. (iv) Tank and automotive items. (v) Weapon
systems. (vi) Ammunition.)
(a) Definitions. As used in this clause -(1) “Assembly” means an item forming a portion of a system or subsystem that can be
provisioned and replaced as an entity and which incorporates multiple, replaceable parts.
(2) “Commercial derivative military article” means an item procured by the Department
of Defense that is or will be produced using the same production facilities, a common
supply chain, and the same or similar production processes that are used for the
production of articles predominantly used by the general public or by nongovernmental
entities for purposes other than governmental purposes.
(3) “Commercially available off-the-shelf item” -(i) Means any item of supply that is -(A) A commercial item;
(B) Sold in substantial quantities in the commercial marketplace; and
(C) Offered to the Government, under a contract or subcontract at any tier, without
modification, in the same form in which it is sold in the commercial marketplace; and
(ii) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46
U.S.C. App 1702), such as agricultural products and petroleum products.
(4) “Component” means any item supplied to the Government as part of an end item or of
another component.
(5) “Electronic component” means an item that operates by controlling the flow of
electrons or other electrically charged particles in circuits, using interconnections of
electrical devices such as resistors, inductors, capacitors, diodes, switches, transistors, or
integrated circuits.
(6) “End item” means the final production product when assembled or completed, and
ready for issue, delivery, or deployment.
(7) "Produce" means the application of forces or processes to a specialty metal to create
desired physical properties through quenching or tempering of steel plate, or gas
atomization or sputtering of titanium.
(8) “Qualifying country” means any country listed in subsection 225.872-1(a) or (b) of
the Defense Federal Acquisition Regulation Supplement (DFARS).
(9) “Required form” means in the form of mill product, such as bar, billet, wire, slab,
plate or sheet, and in the grade appropriate for the production of -(i) A finished end item delivered to the Department of Defense; or
(ii) A finished component assembled into an end item delivered to the Department of
Defense.
(10) “Specialty metal” means -(i) Steel --
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(A) With a maximum alloy content exceeding one or more of the following limits:
manganese, 1.65 percent; silicon, 0.60 percent; or copper, 0.60 percent; or
(B) Containing more than 0.25 percent of any of the following elements: aluminum,
chromium, cobalt, molybdenum, nickel, niobium (columbium), titanium, tungsten, or
vanadium;
(ii) Metal alloys consisting of -(A) Nickel or iron-nickel alloys that contain a total of alloying metals other than nickel
and iron in excess of 10 percent; or
(B) Cobalt alloys that contain a total of alloying metals other than cobalt and iron in
excess of 10 percent;
(iii) Titanium and titanium alloys; or
(iv) Zirconium and zirconium alloys.
(11) “Subsystem” means a functional grouping of items that combine to perform a major
function within an end item, such as electrical power, attitude control, and propulsion.
(b) Except as provided in paragraph (c) of this clause, any specialty metals incorporated
in items delivered under this contract shall be melted or produced in the United States, its
outlying areas, or a qualifying country, except for -(1) Electronic components;
(2)(i) Commercially available off-the-shelf (COTS) items; other than -(A) COTS fasteners, unless such fasteners are incorporated into COTS end items,
subsystems, assemblies, or components.
(B) Forgings or castings of specialty metals, unless such forgings or castings are
incorporated into COTS end items, subsystems, or assemblies.
(C) Commercially available high performance magnets, unless such high performance
magnets are incorporated into COTS end items or subsystems;
(ii) A COTS item is considered to be “offered without modification” as long as it is not
modified prior to contractual acceptance by the next higher tier in the supply chain.
(A) Specialty metals contained in a COTS item that was accepted without modification
by the next higher tier are excepted and remain excepted even if a piece of the COTS
item subsequently is removed (e.g., the end is removed from a COTS screw or an extra
hole is drilled in a COTS bracket).
(B) For specialty metals that were not contained in a COTS item upon acceptance, but are
added to the COTS item after acceptance, the added specialty metals are subject to the
restrictions (e.g., a special reinforced handle made of specialty metal that is added to a
COTS item).
(C) If two or more COTS items are combined in such a way that the resultant item is not
a COTS item, only the specialty metals involved in joining the COTS items together are
subject to the restrictions (e.g., a COTS aircraft is outfitted with a COTS engine, but not
the COTS engine normally provided with that aircraft.)
(D) For COTS items that are normally sold in the commercial marketplace with various
options, items that include such options are also COTS items. However, if a COTS item
is offered to the Government with an option that is not normally offered in the
commercial marketplace, that option is subject to the specialty metals restrictions. (e.g.,
An aircraft is normally sold to the public with an option for several different radios. DoD
requests a military-unique radio. The aircraft is still a COTS item, but the military-
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unique radio is not a COTS item, and must comply with the specialty metals restrictions,
unless another exception applies.
(3) Fasteners that are commercial items that are purchased under a contract or subcontract
with a manufacturer of such fasteners, if the manufacturer has certified that it will
purchase, during the relevant calendar year, an amount of domestically melted specialty
metal, in the required form, for use in the production of fasteners for sale to the
Department of Defense and other customers, that is not less than 50% of the total amount
of the specialty metal that it will purchase to carry out the production of such fasteners
for all customers.
(4) Items manufactured in a qualifying country;
(5) Items for which the Government has determined in accordance with 225.700X-3 of
Class Deviation 2008-O0002 that specialty metal melted or produced in the United States
cannot be acquired as and when needed in(i) A satisfactory quality;
(ii) A sufficient quantity; and
(iii) The required form.
(6) Specialty metals, other than specialty metals in high performance magnets, that do not
meet any of the exceptions in paragraphs (b)(1) through (5) of this clause, if the total
weight of such noncompliant metals does not exceed 2 percent of the total weight of
specialty metals in the item, as estimated in good faith by the Contractor.
(c)(1) Streamlined compliance for commercial derivative military articles. As an
alternative to the compliance required in paragraph (b) of this clause, the Contractor may
purchase an amount of domestically melted specialty metals in the required form, for use
during the period of contract performance in the production of the commercial derivative
military article and the related commercial article, in the amount determined in
accordance with paragraph (c)(2) of this clause, if -(i) This is an acquisition of commercial derivative military articles; and
(ii) The Contractor has certified in its offer in accordance with paragraph (c)(2) of this
clause.
(2) Certification for streamlined compliance for commercial derivative military articles
(to be submitted with offer when applicable). The offeror ___ certifies ___ does not
certify that prior to award it will have entered into a contractual agreement or agreements
to purchase an amount of domestically melted or produced specialty metal in the required
form for use during the period of contract performance in the production of the
commercial derivative military article and the related commercial article, that is not less
than the Contractors good faith estimate of the greater of -(i) An amount equivalent to 120% of the amount of specialty metal that is required to
carry out the production of the commercial derivative military article (including the work
performed under each subcontract); or
(ii) An amount equivalent to 50% of the amount of specialty metal that is purchased by
the contractor and its subcontractors for use during such period in the production of the
commercial derivative military article and the related commercial article.
(3) For the purposes of the certification in paragraph (c)(2) of this clause, the amount of
specialty metal that is required to carry out the production of the commercial derivative
military article includes specialty metal contained in any item, including commercially
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available off-the-shelf items, incorporated into such commercial derivative military
article.
(d) Unless the Contractor has certified in accordance with paragraph (c), the Contractor
shall insert the substance of this clause, excluding paragraph (c) but including this
paragraph (d), in all subcontracts for articles containing specialty metals.
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