1/24/2011 Document No. FBM074 Flowdowns for Prime Contract N00030-11-C-0026, FY’11 MSPA

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1/24/2011
Document No. FBM074
Flowdowns for Prime Contract N00030-11-C-0026, FY’11 MSPA
Full Text Clauses
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.
Wood Packaging Material (Sep 2010) SSP 5252.223-9750 (Applicable for all purchase
orders/subcontracts)
1. Except as indicated in paragraph 2 below, all wood packaging material (WPM) that is used
under or in connection with this contract shall (a) be heat-treated and certified by an agency
accredited by the American Lumber Standards Committee (ALSC) in accordance with the WPM
requirements; and (b) otherwise comply with the WPM requirements.
2. This clause does not apply to WPM to the extent it is exempt from provisions of the WPM
requirements.
3. The following definitions apply:
(a) “wood packaging material” or “WPM” has the meaning used in the WPM requirements.
(b) “WPM requirements” means the current versions of all of the following:
(1) International Standards for Phytosanitary Measures (ISPM No. 15), Regulation of Wood
Packaging Material in International Trade, Secretariat of the International Plant Protection
Convention, Food and Agriculture Organization of the United Nations;
(2) American Lumber Standard Committee (ALSC) Wood Packaging Material Policy;
(3) ALSC Wood Packaging Material Enforcement Regulations;
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(4) DoD 4140.65-M, “Compliance for Defense Packaging: Phytosanitary Requirements for
Wood Packaging Material (WPM)”; and
(5) 7 C.F.R. 319.40-1 through 319.40-11.
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.
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).
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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.
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 5252.242-9751
(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-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 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-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
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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)(Applicable to Development CLINs only). 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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(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 / 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 252.2347002, 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).
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(j) Application To Subcontractors. The Contractor shall flow-down Contractor Performance
Reporting (CPR) to subcontractors meeting applicable thresholds and/or assigned critical tasks.
Subcontractor performance management information shall be integrated into the Contractor's
CPR and other cost reports.
(k) Electronic Transmission Of Data. The Contractor shall format the deliverable data for
electronic data interchange (EDI) in accordance with the ANSI X12 Standard.
Applicable Document
Title and Tailored Application
ANSI X12
American National Standards
Institute, 839 Project Cost
Reporting and 806 Project
Schedule Reporting Transition Sets
(XML Preferred)
(l) SSPINST 7720.4D. Performance under this contract shall be in accordance with the
latest version of SSPINST 7720.4D, which is hereby incorporated by reference in this SOW, to
the extent consistent with law and regulation. ATK shall perform EVMS consistent with ATK
standard practices which, at the time of this directive, provides Format 1 and 5 Cost Performance
Reports.
FAR Clauses
52.203-12, Limitation on Payments to Influence Certain Federal Transactions (Oct 2010)
(This clause is already called out in Corpdocs, but it should be replaced with the October 2010
version.)
52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) ("Contracting
Officer" means "Lockheed Martin." This clause is already called out in Corpdocs, but it should
be replaced with the April 2010 version.)
52.215-2, Audit and Records—Negotiation (Oct 2010) (This clause is already called out in
Corpdocs, but it should be replaced with the October 2010 version.)
52.222-37, Employment Reports on Veterans (Sep 2010) (This clause is already called out in
Corpdocs, but it should be replaced with the September 2010 version.)
52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (Applicable if your
contract is subject to FAR 52.222-41.)
52.222-50, Combat Trafficking in Persons (Aug 2007) (Note 2 applies. In paragraph (e) Note
3 applies.). "Contracting Officer" means "Lockheed Martin." In paragraph (e), "Government"
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means "Lockheed Martin and the Government." This clause is already called out in Corpdocs,
but it should be replaced with the August 2007 version.)
52.222-54, Employment Eligibility Verification (Jan 2009) (Applicable if your contract is for
services or construction having a value of more than $3,000.)
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 Federally-controlled 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.)
52.228-3, Workers’ Compensation Insurance (Defense Base Act) (Apr 1984) (Applicable if
your contract is subject to the Defense Base Act.)
52.229-8, Taxes—Foreign Cost-Reimbursement Contracts (Mar 1990) (Applicable if you
have a cost reimbursable contract that will be performed wholly or partially in a foreign country.
In paragraph (b), "Contracting Officer" and "Government of the United States" mean "Lockheed
Martin.")
52.230-6, Administration of Cost Accounting Standards (Jun 2010) (This clause is already
called out in Corpdocs, but it should be replaced with the June 2010 version.)
52.232-17, Interest (Oct 2008) (Applicable if your contract contains any clauses which refers to
an Interest clause, “Government” means “Lockheed Martin”)
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.)
52.243-2, 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
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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 (Oct 2010) (This clause is already called out in
Corpdocs, but it should be replaced with the October 2010 version.)
52.245-9, Use and Charges (Aug 2010) (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.")
252.204-7010, 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.)
252.217-7026, 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.)
252.225-7009, Restriction on Acquisition of Certain Articles Containing Specialty Metals
(Jul 2009) (Applicable if deliverables under your contract includes specialty metals. Paragraph
(d) is deleted.)
252.225-7012, Preference for Certain Domestic Commodities (Jun 2010) (Applicable for all
purchase orders/subcontracts with any deliverables of items covered by this clause.)
252.225-7030, Restriction on Acquisition of Carbon, Alloy, and Armor Steel Plate (Dec
2006) (Applicable if your order is 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.)
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252.225-7036, Buy American Act – North American Free Trade Agreement
Implementation Act – Balance of Payments Program (Jul 2009) – Alternate I (Jul 2009)
(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 – Alternate III (May 2002) (Corpdocs
already contains the basic clause, but Alternate III is also applicable if your contract is valued at
$100,000 or less.)
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