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Flowdowns for Prime Contract N00030-09-C-0019, FY'09 NWS System Equipment
Standalone
Full Text Clauses
G, Organizational Conflicts of Interest (Sep 2008), SSP 5252.209-9750 (Applicable
for all purchase orders/subcontracts)
1. For purposes of this contract, "organizational conflict of interest" means the definition
of that term in FAR Subpart 9.5.
2. The Contractor warrants that, to the best of its knowledge and belief, and except as
otherwise set forth in this contract, it does not have any organizational conflict of interest.
If the Contractor discovers an actual or potential organizational conflict of interest with
respect to this contract, it shall make an immediate and full disclosure in writing to the
Contracting Officer. Such disclosure shall include a description of the action that the
Contractor has taken or proposes to take to avoid, eliminate, or neutralize the conflict.
3. The Contractor shall ensure that the requirements of this clause are incorporated in all
subcontracts, at all tiers, and all other agreements which relate to the performance of this
contract.
L, 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.
M, 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
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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.
N, International Traffic in Arms Regulations (ITAR) Compliance for the Export of
Defense Services (Sep 2008), SSP 5252.225-9751 (Applicable if your contract involves
the export of defense services as defined in the ITAR.)
1. This clause applies to the extent this contract involves the export of defense services as
defined in the ITAR. In accordance with the letter of R.S. Kovac, Managing Director,
Bureau of Political-Military Affairs, Office of Defense Trade Controls, United States
Department of State, dated August 19, 2008, citing the authority at 22 CFR 125.4(b)(11)
for the export of technical data and 22 CFR 126.6(c)(7) for the export of defense services,
the information in this clause is provided for the purpose of complying with 22 CFR
126.6(c)(7)(i) for the export of defense services to the Government of the United
Kingdom and United Kingdom contractors.
2. The scope of the defense service to be transferred: The scope is described in Section C
of the contract.
3. The FMS case identifier: “UZ-BAR” - Polaris Sales Agreement of April 6, 1963 (TIAS
5313), as amended by the Trident Weapon System Agreement of October 19, 1982
(TIAS 10549).
4. The foreign recipients of the defense service: Government of the United Kingdom and
United Kingdom contractors participating in the Trident II D5 program.
5. Other United States or foreign parties that may be involved and their
roles/responsibilities: Potential recipients of defense services: United States Navy
(provider of program management and technical oversight) and contractors and
subcontractors participating in the Trident II D5 program (providers of supplies or
services).
6. Specified period of duration in which the defense service may be performed: The
period is described in Section C, Section F, exhibits, and/or attachments of this contract.
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O, 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.
Q, Earned Value Management System Requirements (May 2008), SSP 5252.2349751 (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. (Applicable to development CLINs only.) (1) The Contractor shall revise the
IMS, where necessary, to reflect the IMP. The Contractor shall use the IMS as a day-today 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, 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
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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)(Applicable to Development CLINs
only). The Contractor shall maintain the CWBS and dictionary in accordance with DIMGMT-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) Earned Value Management System. The Contractor shall utilize its existing, internal
Earned Value Management System (EVMS) to plan, schedule, budget, monitor, manage,
and report cost, schedule, and technical status applicable to the contract. The
Contractor's internal EVMS 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
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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 development CLINs 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 flow-down 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
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
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Title and Tailored Application
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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. ATK shall perform EVMS
consistent with ATK standard practices which, at the time of this directive, provides
Format 1 and 5 Cost Performance Reports.
W, Disclosure of Planning, Programming, Budgeting, and Execution (PPBE)
Information (Sep 2008), SSP 5252.204-9753 (Applicable for all purchase
orders/subcontracts.)
1. For purposes of this contract, “Planning, Programming, Budgeting, and Execution
information” or “PPBE information” means any information that sets forth defense
strategy or proposed plans, programs, or budgets of the Department of Defense, its
components, or other government agencies. PPBE information includes, but is not
limited to:
(a) Planning Documents and Data Sources
(1) Defense Strategy
(2) Strategic Planning Guidance
(b) Programming Documents and Data Sources
(1) Joint Programming Guidance
(2) Fiscal Guidance (when separate from Strategic Planning or Joint Programming
Guidance)
(3) Program/Budget displays generated through the Program Data Requirements process
(4) Program Objective Memorandum/Budget Estimate Submission Future Years Defense
Plan (POM/BES FYDP) documents and associated Office of the Director, Program
Analysis & Evaluation (OD, PA&E) data systems such as the Defense Programming
Database Data Warehouse
(5) Program Review Proposals and associated documents, including:
(i) Issue Outlines
(ii) Program Change Proposals
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(iii) Issue Papers/Briefings
(iv) Issue Summaries
(6) Proposed Military Department Program Reductions (or Program Offsets)
(7) Tentative Issue Decision Memoranda
(8) Program Decision Memoranda
(9) Cost Analysis Improvement Group Independent Cost Estimates
(c) Budgeting Documents and Data Sources
(1) Component budget submissions, including:
(i) Budget Change Proposals
(ii) Budget Estimate Submissions
(iii) Justification material in support of a component’s submission
(2) PPBE decision documents, including:
(i) Program Budget Decisions
(ii) Management Initiative Decisions
(3) Reports or the results of queries from the Comptroller Information System or the
Procurement, RDT&E and Construction Program systems
(4) Classified P-1, R-1, Procurement Programs, and RDT&E Programs documents
(5) DD 1414, “Base for Reprogramming Action”
(6) DD 1416, “Report of Programs”
2. The Contractor shall not disclose PPBE information obtained in connection with this
contract to any person or entity (including, but not limited to, any subcontractor or
employee of the Contractor) without written authorization from the Contracting Officer.
3. The Contractor shall promptly notify the Contracting Officer of (a) any unauthorized
disclosure of PPBE, or (b) any attempt by any person or entity (including, but not limited
to, any subcontractor or employee of the Contractor) to gain unauthorized access to
PPBE. Such notification shall identify each person or entity making or receiving the
disclosure or each person or entity making the attempt.
4. The Contractor shall ensure that each Contractor employee and each subcontractor
employee, who is to have access to PPBE information in connection with this contract,
executes a nondisclosure certificate (NC) in the form described in paragraph 6 below.
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The Contractor shall provide each executed NC to the Contracting Officer. No person
shall have access to PPBE information unless his or her executed NC is provided to the
Contracting Officer.
5. The Contractor shall ensure that the provisions of this clause flow down to each
subcontract under this contract.
6. Nondisclosure Certificate: see the following page.
Attn: PPBE Administrator
PPBE INFORMATION ACCESS
NONDISCLOSURE CERTIFICATE
Print and read this document, fill it out completely, sign it, and return it to your
designated PPBE Administrator. This certificate shall be completed for every contract
renewal.
I shall not disclose Planning, Programming, Budgeting, and Execution (PPBE)
information (as defined in the below-referenced contract), which is obtained in
connection with the below-referenced contract, to any person or entity (including, but not
limited to, any subcontractor or employee of the Contractor), without written
authorization from the Contracting Officer.
User Information:
Name:_________________________________
Phone:_____________________
Corporation:________________________________Email: ____________________
Contract #: ________________________________
Contract Expiration Date (MM/DD/YYYY):________________________________
DoD Sponsor Information: (The DoD Sponsor should be either the Contracting Officer’s
Representative (COR) for the contract or a government manager with oversight of the
contractor’s work that involves PPBE.)
POC Name:______________________________ POC Code: _________________
POC Phone:______________________________ POC Email:_________________
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Applicant’s Signature:_______________________ Date:___________________
I-C. PREFERENCE FOR DOMESTIC SPECIALTY METALS (DEVIATION
2008-O0002), DFARS 252.225-7014 (The basic clause and Alt I is called out in
Corpdocs, the basic clause and Alt I should be replaced by the below version.)
(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.
(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 2008-O0002)
-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.
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(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 -(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
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(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).
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(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 militaryunique 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
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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
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.
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.)
52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment
(Multiple Year and Option Contracts) (Nov 2006) – (Applicable if your contract is
subject to FAR 52.222-41. “Contracting Officer” means “Lockheed Martin and the
Contracting Officer” except in paragraph (f) where it means “Lockheed Martin.” The
notice period in paragraph (f) is changed to twenty (20) days. Adjustments made to this
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contract shall not be made unless or until the Contracting Officer makes appropriate
adjustments to Lockheed Martin’s prime contract.)
52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment
(Feb 2002) – (Applicable if your contract is subject to FAR 52.222-41. “Contracting
Officer” means “Lockheed Martin and the Contracting Officer” except in paragraph (e)
where it means “Lockheed Martin.” The notice period in paragraph (e) is changed to
twenty (20) days. Adjustments made to this contract shall not be made unless or until the
Contracting Officer makes appropriate adjustments to Lockheed Martin’s prime
contract.)
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.
52.228-3, Workers Compensation Insurance (Defense Base Act) (Apr 1984)
(Applicable if the Defense Base Act (42 U.S.C. 1651, et seq.) applies to your contract.)
52.229-8, Taxes – Foreign Cost Reimbursement Contracts (Mar 1990) (Applicable if
you have a cost reimbursement contract and this clause applies only to the extent your
contract is performed in a foreign country. (Insert “the foreign country in which this
contract is to be performed” in each blank).)
52.232-17, Interest (Jun 1996) – (Applicable if your contract contains any clauses which
refers to an Interest clause, “Government” means “Lockheed Martin”)
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52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (Applicable if your
contract involves services that involve business operations conducted in U.S. coins and
currency, including vending machines, on any premises owned by the United States or
under the control of any agency or instrumentality of the United States.)
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 – Fixed Price (Aug 1987) – Alternate V (Apr 1984). The basic
clause is already called out in Corpdocs, but Alternate V will also apply if your contract
is for research and development.
52.243-2, Changes – Cost Reimbursement (Aug 1987) – Alternate II and Alternate V
(Apr 1984). The basic clause is already called out in Corpdocs, but Alternate II will also
apply if your contract is for services and supplies and Alternate V will also apply if your
contract is for research and development.
52.244-6, Subcontracts for Commercial Items (Mar 2009) – This clause is already
called out in Corpdocs, but it should be replaced with the March 2009 version.
52.245-1, Government Property (Jun 2007) – Alternate I (Jun 2007) and Alternate II
(Jun 2007). The basic clause is already called out in Corpdocs, but Alternate I is also
applicable if you were awarded a contract that is other than one described in FAR
45.104(a). Alternate II is applies only to the extent your contract is for the conduct of
basic or applied research at a nonprofit institution of higher education or at a nonprofit
organization whose primary purpose is the conduct of scientific research. For both
Alternates, in paragraph (a) delete the definition of “plant equipment” and, in the
definition of “real property,” delete the words “special tooling, special test equipment, or
plant equipment” and in lieu thereof insert “personal property”.
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.)
52.246-2, Inspection of Supplies—Fixed Price (Aug 1996) – Alternate I (Jul 1985) –
The basic clause is already called out in Corpdocs, but Alternate I also applies to you if
your contract is 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. "Government" means "Lockheed Martin" except (1) in
paragraphs (b), (c) and (d) where it means "Lockheed Martin and the Government" and in
paragraph (k) where the term is unchanged.)
52.246-9, Inspection of Research and Development (Short Form) (Apr 1984).
Applicable if you do not have a cost reimbursable subcontract and will be performing
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research and development work. "Government" means "Lockheed Martin and the
Government.")
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 and Development (Apr 1984) (Applicable if
you have a fixed price contract for research and development. "Government" and
"Contracting Officer" mean "Lockheed Martin" except in paragraph (c) where the term
"Government" is unchanged.)
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.")
252.204-7010, Requirement For Contractor To Notify DoD If The Contractor’s
Activities Are Subject To Reporting Under The U.S.-International Atomic Energy
Agency Additional Protocol (Jan 2009) (Applicable for all purchase
orders/subcontracts that are subject to the provisions of the U.S.-International Atomic
Energy Agency Additional Protocol.)
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 (Dec 2008).
(Applicable for all purchase orders/subcontracts with any deliverables of items covered
by this clause.)
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.)
252.225-7028, Exclusionary Policies and Practices of Foreign Governments (Apr
2003) (Applicable for all purchase orders/subcontracts)
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252.225-7036, Buy American Act – North American Free Trade Agreement
Implementation Act – Balance of Payments Program (Jan 2009) – Alternate I (Oct
2006) (Applicable for all procurements for supplies.)
252.227-7017, Identification and Assertion of Use, Release, or Disclosure
Restrictions (Jun 1995) (Applicable for all purchase orders/subcontracts. "Offeror"
means "Seller." Contracting Officer" means "Lockheed Martin or Contracting Officer."
In paragraphs (a) and (b) the references to the SBIR data rights clause are deleted.)
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.)
252.243-7002, Requests for Equitable Adjustment (Mar 1998). (Applies to all
purchase orders/subcontracts over $100,000, “Government” means “Lockheed Martin”)
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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