Document No. FBM064
10/24/08
Flowdowns for Prime Contract N00030-08-G-0053, FY'08 US/UK BOA
Full Text Clauses
Government Bills of Lading (Applicable if you will be making any shipments.)
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 the Government Bill of Lading (GBL). All shipments from Contractor Field
Operations to the Contractor, boost propulsion subcontractors, subcontractor or
Government Facilities shall be on the 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 relive the
Contractor from it's responsibility to evaluate transportation costs in award competitive
subcontracts issued hereunder.
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.
Contractor's Employees and Representatives in the U.K. (Sep 1999), SSP 5252.2259750 (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.
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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.
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.
Earned Value Management System Requirements (May 2008), SSP 5252.234-9751
(Applicable if DFARS clause 252.234-7002 is applicable to your contract)
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). The Contractor shall manage the execution of the
program using the IMP and the associated Integrated Master Schedule (IMS) as day-today 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. (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 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
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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
(e) Performance Management System. The Contractor shall utilize its existing, internal
performance management system to plan, schedule, budget, monitor, manage, and report
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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 / 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). 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 252.234-7002
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
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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.
FAR Clauses
52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) –
(Applicable if your contract is subject to FAR 52.222-41.)
52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) –
(Applicable if you will be providing energy consuming products which will be delivered
to the Government, or the energy consuming products are acquired by you for use in
performing services at a Federally-controlled facility; furnished under the prime contract
for use by the Government; or specified in the design of a building or work, or
incorporated during its construction, renovation, or maintenance.)
52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal
Computer Products (Dec 2007) – (Applicable if you will be delivering computers to the
Government, acquired by the Contractor for use in performing services at a Federallycontrolled facility; furnished under the prime contract for use by the Government.)
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.
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52.227-12, Patent Rights—Retention by the Contractor (Long Form) (Jan 1997).
(Applicable if you are a large business and your contract involves research, development
or experimental work.)
52.228-3, Workers’ Compensation Insurance (Defense Base Act) (Apr 1984) (Applies
if you will perform work subject to the Defense Base Act 42 U.S.C. 1651 et seq.)
52.229-8, Taxes—Foreign Cost-Reimbursement Contracts (Mar 1990) (Applicable if
your contract is cost reimbursable. Check with the Lockheed Martin Procurement
Representative as to what country’s government is called out in the blank in paragraph
(a).)
52.232-17, Interest (Jun 1996) – (Applicable if your contract contains any clauses which
refers to an Interest clause, “Government” means “Lockheed Martin”)
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.)
52.245-9, Use and Charges (Jun 2007) (Applicable for all purchase orders and
subcontracts where government facilities will be provided. Communications with the
Government under this clause will be made through Lockheed Martin.)
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.)
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.")
252.211-7006, Radio Frequency Identification (Feb 2007). (Applicable if you will
make direct shipments meeting the criteria at FAR 211.275-2 to the Government of items
covered by the clause.)
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. Items
which are included as components of end items delivered by you to Lockheed Martin do
not need to be identified.)
252.225-7012, Preference for Certain Domestic Commodities (Mar 2008).
(Applicable for all purchase orders/subcontracts with any deliverables of items covered
by this clause.)
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252.225-7027, Restriction on Contingent Fees for Foreign Military Sales (Apr 2003).
(Applicable for all purchase orders/subcontracts. The reference to the clause in
paragraph (a) means FAR 52.203-5. The blank in paragraph (b)(1) is completed with
"any Government." Subparagraph (b)(2) is deleted.)
252.225-7036, Buy American Act – Free Trade Agreements – Balance of Payments
Program (Mar 2007). (Applicable for all purchase orders/subcontracts.)
252.229-7006, Value Added Tax Exclusion (United Kingdom) (Jun 1997).
(Applicable if you are a United Kingdom company.)
252.234-7002, Earned Value Management System (Apr 2008). (Applicable if you are
listed in paragraph (h) of this clause in the prime contract. In paragraph (e)
"Government" means "Lockheed Martin and Government.")
252.239-7000, Protection Against Compromising Emanations (Jun 2004).
(Applicable if classified work is required. "Contracting Officer" means "Lockheed
Martin." "Government" means "Lockheed Martin and the Government" in paragraphs (c)
and (d).)
252.239-7001, Information Assurance Contractor Training and Certification (Jan
2008). (Applicable if you will be accessing DoD Information Systems.)
252.239-7016, Telecommunications Security Equipment Devices, Techniques, and
Services (Dec 1991). (Applicable if your contract requires securing telecommunications.)
252.242-7005, Cost/Schedule Status Report (Mar 1998). (Applicable if your
subcontract is other than firm-fixed-price, is 12 months or more in duration, and has
critical or significant tasks related to the prime contract. Critical or significant tasks shall
be defined by mutual agreement between the Government and Lockheed Martin.)
252.243-7002, Requests for Equitable Adjustment (Mar 1998). (Applies to all
purchase orders/subcontracts over $100,000, “Government” means “Lockheed Martin”)
252.245-7001, Reports of Government Property (May 1994). (Applies if Government
Property will be provided or acquired under this Contract. Seller shall submit its required
reports to Lockheed Martin, not later than October 10, notwithstanding anything to the
contrary in this clause.)
252.246-7000, Material Inspection and Receiving Report – (Mar 2008). (Applicable
if direct shipments will be made to the Government.)
252.247-7023, Transportation of Supplies by Sea (May 2002) and Alternate III (Mar
2000). The basic clause is already called out in Corpdocs, it that clause is applicable to
your contract and your contract is for less than $100,000 then Alternate III is also
applicable.
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