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Flowdowns for RFP HQ147-10-R-0016 (through Amendment 5), Ground-based Midcourse
Defense Development and Sustainment Contract (GMD DSC)
Where necessary, to identify the applicable parties under the following clauses, “Contractor” shall mean
“Seller,” “Contracting Officer” shall mean “Lockheed Martin Procurement Representative,” “Contract”
means this subcontract and “Government” means “Lockheed Martin.” However, the words “Government”
and “Contracting Officer” do not change: (1) when a right, act, authorization or obligation can be granted or
performed only by the Government or the Prime Contract Contracting Officer or duly authorized
representative, including but not limited to (i) audit rights to Seller’s proprietary business records or (ii) any
indemnification or limitation of liability obligation, which obligation shall remain with the Government; (2)
when title to property is to be transferred directly to the Government, and (3) when the Government is
granted ownership or other rights to Seller’s intellectual property or technical data.
FULL TEXT CLAUSES
D-01 PACKAGING AND MARKING OF TECHNICAL DATA (APR 2009) (Applicable to all
purchase orders/subcontracts involving the shipment of data and documentation.)
Technical data items shall be preserved, packaged, packed, and marked in accordance with the best
commercial practices to meet the packaging requirements of the carrier and insure safe delivery at
destination. Classified reports, data and documentation shall be prepared for shipment in accordance with
the current National Security Program Operation Manual (NISPOM), DOD 5220.22-M.
D-02 PACKAGING AND MARKING OF HARDWARE ITEMS (APR 2009) (Applicable to all
purchase orders/subcontracts involving the shipment of any hardware.)
a. The contractor shall utilize best commercial practices for the preservation, packaging, marking and
labeling of any hardware delivered under this contract to insure safe delivery at final destination. However,
the contractor should also note the requirements of DFARS 252.211-7003, Item Identification and Valuation,
if applicable.
b. Packaging and marking of hazardous materials shall comply with Title 49 of the Code of Federal
Regulation and the International Maritime Dangerous Goods.
c. MARKING INSTRUCTIONS FOR MISSILE DEFENSE AGENCY (MDA) REQUIREMENTS Request
for marking instructions shall be submitted electronically at least 90 days prior to required delivery date.
H-06
INSURANCE (APR 2009) (Applicable to all purchase orders/subcontracts.)
In accordance with FAR Part 28.307-2, the Contractor shall maintain the types of insurance and coverage
listed below:
TYPES OF INSURANCE
MINIMUM AMOUNT
Workmen's Compensation and all occupational disease As required by Federal and State law
Employer's Liability including all occupational disease $100,000 per accident
when not covered by Workmen's Compensation above
General Liability (Comprehensive) Bodily Injury
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$500,000 per occurrence
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Automobile Liability (Comprehensive)
Bodily Injury per person
Bodily Injury per accident
Property Damage per accident
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$200,000
$500,000
$ 20,000
H-08
PUBLIC RELEASE OF INFORMATION (APR 2009) (Applicable to all purchase
orders/subcontracts. All references to communications and data submittals to the COR/COTR shall be
through the Lockheed Martin Procurement Representative.)
a. The policies and procedures outlined herein apply to information submitted by the Contractor and his
subcontractors for approval for public release. Prior to public release, all information shall be cleared as
shown in the “National Industrial Security Program Operations Manual” (DoD 5220.22-M). At a minimum,
these materials may be technical papers, presentations, articles for publication and speeches or mass media
material, such as press releases, photographs, fact sheets, advertising, posters, compact discs, videos, etc.
b. All materials which relate to the work performed by the contractor under this contract shall be submitted
to MDA for review and approval prior to release to the public. Subcontractor public information materials
shall be submitted for approval through the prime contractor to MDA.
c. The MDA review and approval process for contractors working under an MDA contract starts with the
COR/COTR.
(1) The Contractor shall request a copy of MDA form “Security and Policy Review Worksheet for
Public Release Review” (.pdf format) or any superseding form from the MDA.
(2) The Contractor shall complete Blocks 1, 2, 3 and 6 of Worksheet (or comply with the
instructions of any superseding form) and submit it with materials to be cleared to the COR/COTR (see
paragraph j. below). If the information was previously cleared, provide the Public Release Case Number if
available and a copy of the previous document highlighting the updated information.
(3) The COR/COTR may affirm “public releaseability” by signing the Statement of Certification in
Block 7 of the Worksheet.
(4) The COR/COTR will forward the Worksheet with the materials to be cleared to the MDA
designated point of contact for Block 8 approval and submission of package to MDA/PA.
(5) The COR/COTR will notify the contractor of the agency’s final decision regarding the status of
the request.
d. The contractor shall submit the following to the COR/COTR at least 60 days in advance of the proposed
release date:
(1) Security and Policy Review Worksheet and one (1) electronic copy of the material to be
reviewed.
(2) Written statement, including:
(a) To whom the material is to be released,
(b) Desired date for public release,
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(c) Statement that the material has been reviewed and approved by officials of the contractor
or the subcontractor, for public release, and
(d) The contract number.
e. The items submitted must be complete. Photographs shall have captions.
f. Outlines, rough drafts, marked-up copy (with handwritten notes), incorrect distribution statements, FOUO
information, export controlled or ITAR information will not be accepted or cleared.
g. Abstracts or abbreviated materials may be submitted if the intent is to determine the feasibility of going
further in preparing a complete paper for clearance. However, clearance of abstracts or abbreviated materials
does not satisfy the requirement for clearance of the entire paper.
h. The MDA Director of Public Affairs (MDA/PA) is responsible for coordinating the public release review.
MDA/PA will work directly with the COR if there are questions or concerns regarding submissions.
MDA/PA will not work with contractors who have not gone through their COR/COTR.
i. Once information has been cleared for public release, it is in the public domain and shall always be used in
its originally cleared context and format. Information previously cleared for public release but containing
new, modified or further developed information must be submitted again for public release following the
steps outlined in items a. through h. above.
j. Due to time and screening constraints, it is recommended that all “public release” packages submitted to
MDA be forwarded by a commercial overnight delivery service, addressed as follows:
Missile Defense Agency/XX*
Attn: COR/COTR First name, Last name*
COR Mailing Address*
City, State, Zip code*
* Insert name and address of COR/COTR (To be completed at contract award)
H-09 ORGANIZATIONAL CONFLICT OF INTEREST (MAR 2010) (Applicable to all purchase
orders/subcontracts.)
a. Purpose: The primary purpose of this clause is to aid in ensuring that:
(1) the Contractor's objectivity and judgment are not biased because of its present or planned
interests which relate to work under this contract;
(2) the Contractor does not obtain unfair competitive advantage by virtue of its access to non-public
information regarding the Government's program plans and actual or anticipated resources; and
(3) the Contractor does not obtain unfair competitive advantage by virtue of its access to proprietary
information belonging to others.
b. Scope: Organizational Conflict of Interest (OCI) rules, procedures and responsibilities as described in
FAR Subpart 9.5 shall be applicable to this contract and any resulting subcontracts.
(1) The general rules in FAR 9.505-1 through 9.505-4 and the restrictions described herein shall
apply to performance or participation by the Contractor and any of its affiliates or their successors-in-interest
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(hereinafter collectively referred to as "Contractor") in the activities covered by this contract as prime
Contractor, subcontractor, co-sponsor, joint venture, consultant, or in any similar capacity.
(2) The Missile Defense Agency‘s OCI policy is in Section J, Attachment 19 titled MDA
Organizational Conflicts of Interest Policy Memorandum No. 51, dated Jul 27, 2009 of this contract.
c. Access to and Use of Government Information: If the Contractor, in performance of this contract, obtains
access to Government information, or other program related information, such as plans, policies, reports,
studies, financial plans, or data which has not been released or otherwise made available to the public, the
Contractor agrees that without prior written approval of the Contracting Officer, it shall not:
(1) use such information for any private purpose;
(2) compete for work based on such information until one year after such information is released or
otherwise made available to the public;
(3) submit an unsolicited proposal to the Government based on such information;
(4) release such information.
d. Access to and Protection of Proprietary Information: The Contractor agrees to treat proprietary data in
accordance with the provisions of FAR 9.505-4. The Contractor shall enter into a written agreement for the
protection of the proprietary data of others and exercise diligent effort to protect such proprietary data from
unauthorized use or disclosure.
e. Subcontracts: The Contractor shall include this clause in consulting agreements, teaming agreements,
subcontracts, or other arrangements for provision of services or supplies of any tier. The terms "contract",
"Contractor", and "Contracting Officer" shall be appropriately modified to preserve the Government's rights.
f. Representations and Disclosures:
(1) The Contractor represents that it has disclosed to the Contracting Officer, prior to award, all facts
relevant to the existence or potential existence of organizational conflicts of interest as that term is used in
FAR Subpart 9.5. To facilitate disclosure and Contracting Officer approval, the Contractor shall complete an
OCI Analysis/Disclosure Form for each MDA, Ballistic Missile Defense (BMD), and BMD-related contract
or subcontract ( form shall be requested from the Procuring Contracting Officer).
(2) The Contractor represents that if it discovers an organizational conflict of interest or potential
conflict of interest after award, a prompt and full disclosure shall be made in writing to the Contracting
Officer. This disclosure shall include a description of the action the Contractor has taken or proposes to take
in order to avoid or mitigate such conflicts.
g. Remedies and Waiver:
(1) For breach of any of the above restrictions or for non-disclosure or misrepresentation of any
relevant facts required to be disclosed concerning this contract, the Government may terminate this contract
for default, disqualify the Contractor from subsequent related contractual efforts, and pursue such other
remedies as may be permitted by law or this contract. If, however, in compliance with this clause, the
Contractor discovers and promptly reports an organizational conflict of interest (or the potential thereof)
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subsequent to contract award, the Contracting Officer may terminate this contract for convenience if such
termination is deemed to be in the best interest of the Government or take other appropriate actions.
(2) The parties recognize that this clause has potential effects which will survive the performance of
this contract and that it is impossible to foresee each circumstance to which it might be applied in the future.
Accordingly, the Contractor may at any time seek a waiver from the Director, MDA, (via the Contracting
Officer) by submitting a full written description of the requested waiver and the reasons in support thereof.
h. Government Indemnity: The Contractor shall hold the Government harmless and indemnify the
Government as to any cost or loss resulting from the unauthorized use or disclosure of third party
information data or software by the Contractor, its employees, subcontractors or agents.
H-10 ENABLING CLAUSE FOR BMD INTERFACE SUPPORT (APR 2009) (Applicable to all
purchase orders/subcontracts.)
a. It is anticipated that, during the performance of this contract, the Contractor may be required to
support Technical Interface/Integration Meetings (TIMS) with Contractors and other Government agencies.
If so, appropriate organizational conflicts of interest clauses, if any, will be negotiated as needed to protect
the rights of the Contractor and the Government.
b. Interface support deals with activities associated with integration of the requirements of this
contract into BMD system plans and support of key Missile Defense Agency (MDA) program reviews.
c. The Contractor agrees to cooperate with BMD Contractors by providing access to BMDS
technical matters; provided, however, the Contractor will not be required to provide Freedom of Information
Act protected information to non-Government entities or personnel in the absence of a non-disclosure
agreement between the Contractor and such entities.
d. The Contractor further agrees to include a clause in each subcontract requiring compliance with
paragraph c. above, subject to coordination with the Contractor. This agreement does not relieve the
Contractor of its responsibility to manage its subcontracts effectively.
e. Personnel from Contractors or other Government agencies are not authorized to direct the
Contractor in any manner.
f. This clause shall not prejudice the Contractor or its subcontractors from negotiating separate
organizational conflict of interest agreements with BMD Contractors; however, these agreements shall not
restrict any of the Government's rights established pursuant to this clause or any other contract.
H-11 MDA VISIT AUTHORIZATION PROCEDURES (APR 2009) (Applicable to purchase
orders/subcontracts with scope requiring travel to MDA office(s) in support of meetings/reviews/briefings.)
a. The Contractor shall submit all required visit clearances in accordance with current NISPOM
regulations and will forward all visit requests, identifying the contract number, to:
Missile Defense Agency, Huntsville
Attention: Visitor Control
Building 5222, Martin Road
Redstone Arsenal, AL 35898
Badging Office Telephone Number: (256) 313-3991
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b. The COR/COTR is authorized to approve visit requests for the PCO.
H-12 CONTROL OF ACCESS TO MDA SPACES AND INFORMATION SYSTEMS (MAY 2005)
(Applicable if H-11 applies.)
a. To maintain the security of the MDA spaces and information systems, the Contractor shall notify the COR
in writing whenever a prime or subcontractor employee included on the current Visit Authorization
Request/Letter no longer supports this contract. This requirement shall apply to both Contractor and
employee initiated termination of services and to temporary suspension of services.
b. The Contractor will cooperate with COR in taking the following actions (facilitating the employee’s
return of all badges, keycards, and passes). Specifically, upon notification, the COR will work with the
Technical Area Security Officer (TASO)/Office Security Manager (OSM) to ensure timely action to:
(1) remove the employee from the current Visit Authorization Request/Letter;
(2) cancel any MDA badge, keycard or Pentagon Pass issued pursuant to the Visit Authorization
Request/Letter; and
(3) terminate the MDA LAN account/access privileges.
c. The Contractor shall identify the reason for and date of termination or expected period of suspension and
submit the notification to the COR within five (5) working days prior to service discontinuation. For
unplanned termination or suspension of services, notification shall be made on the same working day as the
termination/suspension action.
H-20 SENSITIVE INFORMATION TECHNOLOGY WORK (APR 2009) (Applicable to purchase
orders/subcontracts with Information Technology Requirements.)
a. DoD 5200.2-R, DoD Personnel Security Program, requires Contractor personnel, who perform
work on sensitive Information Technology (IT)/Automated Data Processing (ADP) systems (hereafter
referred to as IT), to be assigned to positions which are designated at one of three sensitivity levels (IT-I, ITII or IT-III). These designations equate to Critical Sensitive, Non-Critical Sensitive, and Non-Sensitive.
Working on-site in any MDA Facility requires a minimum Sensitivity of IT-II. The following investigations
are required:
IT-I designated positions require a Single Scope Background Investigation (SSBI).
IT-II designated positions require a National Agency Check with Law and Credit (NACLC).
IT-III positions associated with MDA are found only at Contractor’s facilities. See below for
requirement.
b. The required investigation will be completed prior to the assignment of individuals to sensitive
duties associated with the position.
c. For IT-III positions at the Contractor’s facility, the Contractor will forward their employee
information (completed SF 85P, Questionnaire for Positions of Public Trust), and two (2) DD Forms 258
(Fingerprint cards) either electronically or on magnetic media to: Missile Defense Agency, Security and
Program Protection (MDA/DOSS); ATTN: Personnel Security, 7100 Defense Pentagon, Washington, DC
20301-7100.
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d. MDA retains the right to request removal of Contractor personnel, regardless of prior clearance or
adjudication status, whose actions, while assigned to this contract, clearly conflict with the interests of the
Government. The reason for removal will be fully documented in writing by the Contracting Officer. When
and if such removal occurs, the Contractor will within 30 working days assign qualified personnel to any
vacancy(ies) thus created.
H-23 CONTRACTOR EMPLOYEE OUT-PROCESSING (MAY 2005) (Applicable to purchase
orders/subcontracts where work will be performing on site at an MDA facility.)
Prior to the departure of on-site Contractor employees, the departing employee shall complete an outprocessing checklist as required by MDA Directive Number 5000.01, and return the completed checklist,
with required signatures, to the cognizant COR/COTR. The COR/COTR will provide the completed form
to the PCO to be retained in the official contract file by the PCO.
H-24 SECURITY CERTIFICATION AND ACCREDITATION SUPPORT (JUN 2006) (Applicable
to purchase orders/subcontracts requiring accreditation in accordance with the Department of Defense
Information Technology Security Certification and Accreditation Process.)
(a) Security support shall include the development, implementation, and maintenance of all security
documents, procedures, and agreements necessary to effect type and site accreditation at all operating
locations in accordance with the Department of Defense Information Technology Security Certification and
Accreditation Process (DITSCAP - DODI 5200.40).
(b) The contractor shall be responsible for all the C&A functions assigned to the Certification Authority,
Program Manager, and Developer/Integrator as outlined in DoDI 5200.40.
H-28 DISTRIBUTION CONTROL OF TECHNICAL INFORMATION (OCT 2009) (Applicable to
all purchase orders/subcontracts.)
a. The following terms applicable to this clause are defined as follows:
1. Technical Document. Any recorded information (including software) that conveys scientific and
technical information or technical data.
2. Scientific and Technical Information. Communicable knowledge or information resulting from or
pertaining to the conduct or management of effort under this contract. (Includes programmatic information).
3. Technical Data. Recorded information related to experimental, developmental, or engineering
works that can be used to define an engineering or manufacturing process or to design, procure, produce,
support, maintain, operate, repair, or overhaul material. The data may be graphic or pictorial delineations in
media such as drawings or photographs, text in specifications or related performance or design type
documents, or computer printouts. Examples of technical data include research and engineering data,
engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical
reports, catalog item identifications, and related information and computer software documentation.
b. Except as otherwise set forth in the Contract Data Requirements List (CDRL), DD Form 1423, or
paragraph e. below, the distribution of any technical documents prepared under this contract, in any stage of
development or completion, is prohibited outside of the contractor and applicable subcontractors under this
contract unless expressly authorized/directed by the Contracting Officer in writing
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c. Except as otherwise set forth in the CDRL or otherwise directed by the government (e.g.,
paragraph d. below) all technical documents prepared under this contract shall be marked with the following
distribution statement, warning, and destruction notice:
1. DISTRIBUTION STATEMENT F: Further dissemination only as directed by DoD, Missile
Defense Agency, ATTN: Procuring Contracting Officer, MDA/CTN, 1725 Jefferson Davis Highway Suite
809, Arlington, VA 22202 or higher authority. Date determination (01 January 2001).
2. WARNING - This document/software contains technical data/software whose export is restricted
by the Arms Export Control Act (Title 22, U.S.C., Sec 2751 et seq.) or the Export Administration Act of
1979, as amended, (Title 50, U.S.C., App 2401 et seq). Violations of these export laws are subject to severe
criminal penalties. Disseminate in accordance with provisions of DOD Directive 5230.25.
3. DESTRUCTION NOTICE - For classified documents, follow the procedures in DOD 5220.22M,
National Industrial Security Program Operating Manual, Chapter 5, Section 7, or DOD 5200.1R, Information
Security Program Regulation, Chapter 6, Section 7. For unclassified, limited documents, destroy by any
method that will prevent disclosure of contents or reconstruction of the document.
d. As a part of the review of preliminary or working draft technical documents, the Government will
determine if a distribution statement less restrictive than the statement above would provide adequate
protection. If so, the Government's concurrence/comments will provide specific instructions on the
distribution statement to be marked on the final technical documents before primary distribution.
e. The prime and subcontractors are authorized to use technical documents generated or held under
this contract for purposes of this contract or any other MDA contract, solicitation or program and to flow
such technical documents to each other, DOD officials and other DOD contractors having a ”need to know“
in connection with this contract or any other MDA contract, solicitation or program. When there is any doubt
as to “need to know” for purposes of this paragraph, the Contracting Officer’s Representative (COR) will
provide direction. The authorization provided by this paragraph e. is subject to strict compliance with
contract security requirements, export control requirements, contractor proprietary restrictions/markings
and/or the provisions of any applicable non-disclosure agreements which may be in effect.
H-29 COMMERCIAL COMPUTER SOFTWARE LICENSE (JUN 2010) (Applicable to all purchase
orders/subcontracts that will use commercial computer software with license restrictions.)
a. Unless otherwise approved by the PCO, commercial computer software licenses shall designate
the U.S. Government as a contingent licensee, able to replace the Contractor as the primary licensee upon
notifying the licensor. A copy of the negotiated license shall be furnished to the PCO. Per DFARS
227.7202, the terms of the licenses cannot be inconsistent with Federal procurement law and must satisfy
user needs. This includes the Contractor's / subcontractor's needs for the software to perform this contract
and the Government's needs for the software to accomplish the Government's ultimate objectives. At a
minimum, this shall include the rights to make an archive copy of the software, to relocate the computer on
which the software resides, to re-host the software on a different computer, to permit access by support
contractors, and to permit the Government to transfer the license to another contractor.
b. Nothing in this clause shall take precedence over any other clause or provision of this contract.
Government concurrence, as defined in paragraph a above, does not in any way affect the Government's
technical data rights as established by the terms and conditions of this contract.
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H-34 AS IS GOVERNMENT FURNISHED DATA/DOCUMENTATION (NOV 2010) (Applicable to
all purchase orders/subcontracts.)
All technical data (as defined in DFARS 252.227-7013 and DFARS 252.227-7014) furnished by the
Government is in an "as is" condition without any warranty as to its accuracy, completeness, or adequacy.
The contractor shall use this technical data at its own risk. The Government assumes no responsibility for
such furnished data/documentation nor will the Government have any liability for equitable adjustments to
the terms and conditions of this contract should such data/documentation prove to be inaccurate, incomplete,
or otherwise defective.
H-35 INCORPORATING COMMERCIAL AND OPEN SOURCE SOFTWARE (NOV 2010)
(Applicable to all purchase orders/subcontracts.)
a. DFARS 252.227-7014(d) requires the written approval of the PCO before the Contractor may
incorporate any copyrighted computer software in the software to be delivered under this contract.
b. A request for approval to incorporate Commercial Computer Software should be accompanied by a
license that conforms with the requirements of the Commercial Computer Software Licenses clause of this
contract.
c. A request for approval to incorporate Open Source Software must be accompanied by the applicable
license, a detailed description of the source of the software and how it has been or will be used, and a legal
analysis of the restrictions imposed and potential risks and liabilities.
d. Nothing in this clause shall take precedence over any other clause or provision of this contract.
Government concurrence, as defined in paragraph a above, does not in any way affect the Government's
technical data rights as established by the terms and conditions of this contract.
H-DSC-03 INDEMNIFICATION AGAINST UNUSUALLY HAZARDOUS RISKS (Applicable to
purchase orders/subcontracts involving unusually hazardous risks – Indemnification is not provided
automatically. Subcontract applications are to be sent to Lockheed Martin for submittal to the Government.)
The legal authorities to indemnify Contractors for unusually hazardous risks are 10 USC 2354 (for research,
development and testing activities) and 50 USC 1431 (Public Law 85-804), as implemented in Executive
Order 10789. Previous indemnification from other contracts does not carry over to this resulting contract.
The Contractor may request indemnification for effort under this contract at any time. Contractor requests
for indemnification must be prepared IAW the requirements of FAR 50.104-3. The MDA will fairly process
request(s) in good faith to the applicable approving authority within the Department of Defense. However,
the MDA will not, if indemnification is not granted through this process, make adjustments to the estimated
cost or schedule of this contract.
H-DSC-04 DATA DELIVERED OR OTHERWISE FURNISHED BY THE CONTRACTOR
(Applicable to all purchase orders/subcontracts with deliverables.)
a. Data delivered, or otherwise furnished to the Government, including the contractor’s Integrated Digital
Environment (IDE) shall be marked with the appropriate conforming copyright legend notices and FOUO
markings (with the applicable exception noted) furthermore, and technical data, computer software and
computer software documentation shall be marked with the correct legends in accordance with DFARS
252.227-7013 and 252.227-7014; note that “proprietary” is a non-conforming marking. Limited or Restricted
rights technical data or computer software or computer software documentation as specified in DFARS
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252.227-7013 and 252.227-7014 shall NOT be delivered or otherwise furnished by the contractor under or in
conjunction with this contract without prior approval of the Contracting Officer or the Contracting Officer’s
Representative. The Contractor shall ensure that quality control procedures are in place to validate accuracy
of electronically transmitted data or data otherwise furnished to the Government.
b. Contract Data Requirements List (CDRL) deliverables include CDRL items referenced in the SOW
Section J, and as defined in Attachment 1 to this contract. The Contractor shall officially deliver unclassified
CDRL data electronically to the designed GMD CDRL tool, MDA Enterprise CDRLvue, accessible from a
link on the GM Homepage of the MDA Knowledge Online (MKO) unclassified Portal for the Missile
Defense Agency (MDA) as instructed in the respective CDRL. Unclassified CDRL data may also be
required to be delivered to additional addresses, as specified in Block 16 of the DD Form 1423. If electronic
delivery to the Government via the CDRL tool is not possible, the Contractor shall deliver the CDRL data to
the Government via encrypted email or other physical media (e.g., CD or DVD). In addition, CDRLs and
other unclassified correspondence related to this contract shall be posted to the Contractor’s IDE. However,
unclassified CDRL data shall not be posted to the Contractor’s IDE until acknowledgement of receipt has
been received for those CDRLs requiring Government approval.
c. The Contractor shall deliver classified CDRL data IAW the DD254 and DoD 5220.22M. In addition,
IAW the DD254 and DoD 5220.22M, CDRLs and other classified correspondence related to this contract
shall be posted to the Contractor’s IDE (Reference CDRL Titled DSC – Integrated Digital Environment,
Data Item No. A055). However, classified CDRL data shall not be posted to the Contractor’s IDE until
acknowledgement of receipt has been received for those CDRLs requiring Government approval.
d. All data transmitted to the Government shall be of sufficient quality that the Government is able to read
the data both online and in printed form. If the Government receives a document that has quality/readability
issues, the Contractor shall, upon verbal approval by the PCO or a COR/COTR, deliver compact discs and
hardcopies of the document as required and IAW with this clause. The Contractor shall work efficiently and
effectively to correct any and all quality issues.
e. Data shall be delivered or otherwise furnished to the Government virus-free and in a manipulative/editable
format, including Microsoft Word, Excel, PowerPoint, Project and/or Access. Adobe (.pdf files), picture
files, and other electronic image media are acceptable only if allowed in Blocked 16 of the DD Form 1423
for a given data item. For example, narrative portions shall be delivered in Microsoft Word; pricing data in
Microsoft Excel; and graphics in Microsoft PowerPoint. If files contain links, the links must be intact and
maintained throughout all revisions. Documents with embedded data that are not related to Contractor
performance reports, contract funds status reports, cost data summary reports, or functional cost-hour reports
shall not contain Contractor pricing information within the embedded data. Nor shall embedded data to
unclassified documents be classified information.
H-DSC-05 FEE (Applicable to all subcontractors.)
The Contractor shall implement the following elements of cost and fee for use in the preparation of proposals
and to support negotiations.
a. No Fee on Other Direct Cost (ODCs). ODCs are costs (other than labor and materials) directly associated
with the final cost objective. With the exception of nominal material handling, the Contractor is not entitled
to fee on any ODCs. Examples of ODC include, but are not limited to: travel, consumables, renewable
licenses, leases, consultants, special tooling, and royalties. This limitation shall flow down to all tiers of
subcontractors. Not applicable to fixed price subcontract arrangements.
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b. No Fee on Fee. The Contractor is not entitled to fee on subcontractor fee and/or profit (e.g. “fee on fee”).
In calculating total fee, the Contractor shall exclude all proposed subcontractor fee/profit from its total cost
pool. This limitation shall flow down to all tiers of subcontractors.
H-DSC-06 GOVERNMENT PROPERTY (Applicable to purchase orders/subcontracts that will require
Government Furnished Property, Subcontractor Acquired Property, or Contract Furnished property.)
CONTRACTOR ACQUIRED PROPERTY- The Contractor shall identify any required Property to the
Government prior to procurement. The Contractor shall maintain accurate records of Contractor Acquired
Property (CAP) per FAR Part 45, and FAR 52.245-1, to include subcontractor CAP. The Contractor shall
annually, or as required, perform a physical inventory of CAP and provide results (including listings) to the
Government via the Integrated Digital Environment (IDE).
The Contractor shall provide the updated physical inventory lists via IDE with the required items listed in
line item format: at a minimum, Nomenclature, Part number, NSN, Location, Quantity, WBS, CLIN and
Need Date.
A final physical inventory of Property shall be performed upon termination or six (6) months prior to
contract completion. The Contractor shall request disposition instructions for excess property.
H-DSC-07 RENT-FREE NON-INTERFERENCE USE OF GOVERNMENT PROPERTY (Applicable
to all purchase orders/subcontracts.)
The Contractor may use on a rent-free, non-interference basis and in an “as is” condition as necessary for the
performance of this contract, the Government property accountable under contracts HQ0006-01-C-0001,
HQ0147-09-C-0007, and HQ0147-09-C-0008. The Contractor is responsible for scheduling the use of all
property covered by the referenced contract and providing timely written notification to the Government of
any conflicts, delays, or disruptions to any work performed by the Contractor due to use of any or all of such
property under this contract or any other contracts under which use of such property is authorized. The
contractor will not be relieved of its contractual responsibilities if for any reason Government Property is not
available or is not functioning or suitable for the contractor’s intended purpose.
H-DSC-08 PRE-CONTRACT COSTS (Applicable to all purchase orders/subcontracts.)
The Offeror is expressly informed that it will not be reimbursed for any costs incurred prior to the effective
date of the contract or contract change in accordance with the changes clause issued, unless such costs are
specifically authorized in writing by the GMD DSC Procuring Contracting Officer (PCO) and are in
accordance with FAR 31.205-32, Pre-contract costs.
H-DSC-09 INSERTION OF LIMITED OR RESTRICTED RIGHTS INTO THE GMD PROGRAM
(Applicable to all purchase orders/subcontracts. Communication with the Government shall be through
Lockheed Martin.)
Hardware items which are subject to Limited Rights in their associated technical data as defined in DFARS
252.227-7013 and software items which are subject to Restricted Rights as defined in DFARS 252.227-7014
shall not be incorporated into the design of the GMD weapon system or models/simulations thereof under
this contract without the prior written authorization of the PCO. The Contractor’s request shall include a
rough order of magnitude (ROM) estimate to perform development if the data or software cannot be used as
requested. If the PCO does not provide a decision within 30 days of the request, the request is considered
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denied. In the event the PCO authorizes inclusion of the Limited Rights technical data and/or Restricted
software, such data or software will be added as an Attachment within Section J.
Using Government assets in an Independent Research and Development (IRAD) project may be authorized
on a case by case basis. The Contractor’s request shall include an offer of consideration for use of such
Government assets. The Government will evaluate the request, including the Contractor’s offer of
consideration, and either approve, deny, or offer an alternative form of consideration. Any such
consideration will be mutually agreed to by the parties prior to use of Government assets. Consideration
should include, at a minimum, specially negotiated rights granting the Government a license for Government
Purpose Rights IAW DFARS 252.227-7013 and 252.227-7014 in the subject IRAD project. When the
Contractor requests the use of Government assets for an IRAD project, the request shall include the purpose
of the IRAD project and the potential benefit to the Government. The Contractor will be required to execute
a bailment agreement prior to the transfer or use of Government assets.
H-DSC-10 COST ESTIMATING METHODS (Applicable to all purchase orders/subcontracts – Time
limits specified in paragraphs (a), (b), and (c) shall read 1-day, 3-days, and 7-days, respectively.)
The following cost estimating methods shall be used as requested by the Government:
a. Planning Estimate - The purpose of a planning estimate is to support Government planning. Planning
estimates may only be requested by the PCO. A planning estimate shall be provided to the Government in 12 calendar days. This estimate is very limited in scope, involves minimal pricing ground rules and
assumptions from the Government, and is generally comprised of ranges/parametrics. Documentation
provided shall be high level scope and funding estimates by Government fiscal year sent via email.
b. Rough Order of Magnitude (ROM) - The purpose of a ROM estimate is to support Government budgetary
decisions and potential authorization of unpriced actions in the event there is insufficient time for a Not-toExceed (NTE) estimate. ROM estimates may only be requested by the PCO. ROM estimates shall be
provided to the Government within 5 calendar days. This non-binding estimate is limited in scope, involves
limited analysis, and develops a high level baseline to include a high level SOW, schedule, and equipment
lists. The ROM estimate is not generated based on formal Basis of Estimates (BOEs) and by design provides
limited supporting rationale. Subcontractor input will be included if schedule allows. Documentation
provided shall include scope and funding estimates by Government fiscal year in a briefing package
submitted by contracts letter to the Government.
c. Not-to-Exceed (NTE) - The purpose of an NTE estimate is to support critical Government budgetary
decisions, and a binding basis on which to issue unpriced actions. NTEs may only be requested by the PCO.
NTE estimates shall be provided to the Government within 10 calendar days. This estimate involves more in
depth analysis, develops a baseline to include a statement of work, schedule, and required equipment lists.
The NTE estimate shall be based on Basis of Estimate (BOEs) and estimated materials (as required),
including supporting rationale. Applicable subcontractor input shall be included as required. Documentation
required shall include scope and funding estimates by Government fiscal year in a briefing package
submitted by contracts letter to the Government. The Contractor’s NTE must be valid for a minimum of one
hundred eighty (180) calendar days.
H-DSC-11 IMPACT OF GOVERNMENT TEAM PARTICIPATION/ACCESS (Applicable to all
purchase orders/subcontracts. Seller is required to notify the Lockheed Martin Procurement Representative
when Seller is contacted directly by the Government.)
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Under the Government/Contractor organizational/interface approach (e.g., Integrated Product Team (IPT),
Team Execution Review (TER), Technical Interchange Meeting (TIM), and/or Working Groups),
Government personnel will frequently interface with Contractor/subcontractor team members during contract
performance. For this purpose, the Contractor, recognizing its privity of contract with the Government,
authorizes the Government to communicate and, where appropriate, visit and monitor directly, and, in some
instances, exclusively, with the Contractor’s subcontractors. This access/interface is necessary to support the
Government’s quality management approach, which emphasizes systematic surveillance and evaluation
techniques used to assess Contractor/ subcontractor performance stipulated in its Quality Assurance
Surveillance Plan (QASP). Government team members may offer advice, information, support, clarification,
and/or facilitate rapid Government feedback and approval of team-related products, as well as review
Contractor/subcontractor progress; however, the responsibility and accountability for successfully
accomplishing the requirements of this contract remain solely with the Contractor. The Contractor shall not
construe such advice, information, surveillance observations, reviews and clarifications by the Government
team members as Government-directed changes to the terms of this contract. The PCO is the only individual
who is authorized to direct or approve any change to the terms of this contract.
H-DSC-12 CONTRACTOR IDENTIFICATION AND ASSERTION OF RESTRICTIONS ON THE
GOVERNMENT’S USE, RELEASE, OR DISCLOSURE OF TECHNICAL DATA OR COMPUTER
SOFTWARE (Applicable to all purchase orders/subcontracts.)
The Contractor and its subcontractors shall provide an Attachment entitled "Identification and Assertion of
Restrictions on the Government's Use, Release, or Disclosure of Technical Data or Computer Software"
signed and dated by a responsible official of the Contractor. This Attachment is incorporated herein by
reference as if fully set forth. The Attachment identifies and provides information pertaining to technical
data (including computer software documentation) and computer software that the contractor and
subcontractors claim to qualify for delivery with less than Unlimited Rights. The contractor agrees not to
withhold delivery of the technical data or software based on its claims. The Government shall investigate the
validity of the contractor's claims and therefore reserves all its rights regarding the technical data/software in
question, to include those rights set forth in the Rights in Technical Data - Noncommercial Items (Nov 1995)
clause (DFARS 252.227-7013), the Rights in Noncommercial Computer Software and Noncommercial
Computer Software Documentation (Jun 1995) clause (DFARS 252.227-7014), and the Validation clauses at
DFARS 252.227-7019 and 252.227-7037 until a determination is made.
The Contractor shall have, maintain, and follow written procedures sufficient to assure that restrictive
legends are used only when authorized by the terms of this contract and shall maintain records sufficient to
justify the validity of any restrictive legends on any technical data or computer software or computer
software documentation delivered under this contract. The Contractor agrees that the Government has
Unlimited Rights as defined by DFARS 252.227-7013 and 252.227-7014 in any deliverable technical data or
computer software or computer software documentation not listed in the Attachment and that such data or
software or documentation will not be subject to any restrictive markings or legends.
H-DSC-13 TEST SCHEDULE ADJUSTMENTS (Applicable to Major Subcontractors who may be
impacted by Test Schedule Adjustments. In paragraph (a) “Government” means “Government or Lockheed
Martin.)
Adjustments made to contract price due to a change in the ground and/or flight and/or other test schedule will
be accomplished as set forth below:
A change to the test schedule between Lockheed Martin and its Customer means the movement of a test from
one test window to the next. A test window is defined as a period of time 90 days before or after the test date
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as it appears in the Integrated Master Test Plan (IMTP) or a Target of Opportunity published schedule. The
movement of a test within a test window will not be grounds for an adjustment to the contract price. Test
schedule changes outside of the original test window caused by the Contractor or the Government may result
in a downward or upward adjustment to the contract price. A change that is beyond the control and without
the fault or negligence of the either party will not result in an adjustment to the contract price.
H-DSC-14 PROPERTY NECESSARY TO PERFORM THE CONTRACT (Applicable to all purchase
orders/subcontracts with proposed property to be procured under this contract.)
(a) The contract costs reflect the contractor’s provision of all property necessary to perform under a the
contract. In the event that such Government property becomes available for use by the contractor to perform
under the contract, cost will be subject to, at the PCO’s discretion, a unilateral downward adjustment. Such
an adjustment will be based on the proposed cost of the contractor provisioning the property less actual costs
incurred as a direct charge to the Contract. An adjustment modification will be issued to reflect the PCO’s
determination to adjust the contract cost.
(b) Contractor disagreements with a determination made by the Government pursuant to this clause shall be
a dispute under the Disputes clause. However, nothing in this clause nor any Government determination
made in conjunction with this clause shall excuse the Contractor from proceeding with its duties under the
instant contract.
K-05 IDENTIFICATION OF CONGRESSIONAL DISTRICT(S) (MAY 2005) (Applicable to all
purchase orders/subcontracts – applies to only first-tier subcontractors.)
d. First Tier Subcontractors:
(1) Address used for subcontractor's proposal:
Name:
Address:
________________________________
________________________________
________________________________
________________________________
U.S. Congressional District for this office _______________________
(2) If subcontractor's place of performance is different than provided in Block d. (1) above:
Address
________________________________
________________________________
________________________________
U.S. Congressional District for this office _______________________
COMPANY INFORMATION (Applicable to all purchase orders/subcontracts – applies to only first-tier
subcontractors.)
L-6.2 Company Information. Including its subcontractors, the Offeror shall provide the company/division
address, identifying codes, and applicable designations, company/division's street address, county and
facility code, Commercial and Government Entity (CAGE) code, Data Universal Numbering System
(DUNS) code, size of business (large or small), and labor surplus area designation. The Offeror shall also
provide the mailing address, e-mail address, telephone numbers, fax numbers, and facility codes for the
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cognizant Contract Administration Office, Defense Contract Audit Agency (DCAA), and Government
paying office including the name, e-mail address, telephone number, and fax number for the Administrative
Contracting Officer (ACO). Offeror shall provide a single point of contact and one alternate for all matters
dealing with its proposal; including name, position title, address, telephone number, fax number, and e-mail
address.
252.227-7017 IDENTIFICATION AND ASSERTION OF USE, RELEASE, OR DISCLOSURE
RESTRICTIONS (JAN 2011) (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.)
(a) The terms used in this provision are defined in following clause or clauses contained in this solicitation—
(1) If a successful offeror will be required to deliver technical data, the Rights in Technical Data-Noncommercial Items clause, or, if this solicitation contemplates a
contract under the Small Business Innovation Research Program, the Rights in
Noncommercial Technical Data and Computer Software--Small Business Innovation
Research (SBIR) Program clause.
(2) If a successful offeror will not be required to deliver technical data, the Rights in Noncommercial
Computer Software and Noncommercial Computer Software Documentation clause, or, if this solicitation
contemplates a contract under the Small Business Innovation Research Program, the Rights in
Noncommercial Technical Data and Computer Software--Small Business Innovation Research (SBIR)
Program clause.
(b) The identification and assertion requirements in this provision apply only to technical data, including
computer software documentation, or computer software to be delivered with other than unlimited rights. For
contracts to be awarded under the Small Business Innovation Research Program, the notification and
identification requirements do not apply to technical data or computer software that will be generated under
the resulting contract. Notification and identification is not required for restrictions based solely on
copyright.
(c) Offers submitted in response to this solicitation shall identify, to the extent known at the time an offer is
submitted to the Government, the technical data or computer software that the Offeror, its subcontractors or
suppliers, or potential subcontractors or suppliers, assert should be furnished to the Government with
restrictions on use, release, or disclosure.
(d) The Offeror's assertions, including the assertions of its subcontractors or suppliers or potential
subcontractors or suppliers, shall be submitted as an attachment to its offer in the following format, dated and
signed by an official authorized to contractually obligate the Offeror:
Identification and Assertion of Restrictions on the Government's Use, Release, or Disclosure of Technical
Data or Computer Software.
The Offeror asserts for itself, or the persons identified below, that the Government's rights to use, release, or
disclose the following technical data or computer software should be restricted:
Technical Data or Computer Name of Person
Software to be Furnished Asserting
With Restrictions * Basis for Assertion ** Asserted Rights Category *** Restrictions ****
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(LIST) ***** (LIST) (LIST) (LIST)
*For technical data (other than computer software documentation) pertaining to items, components, or
processes developed at private expense, identify both the deliverable technical data and each such item,
component, or process. For computer software or computer software documentation identify the software or
documentation.
**Generally, development at private expense, either exclusively or partially, is the only basis for asserting
restrictions. For technical data, other than computer software documentation, development refers to
development of the item, component, or process to which the data pertain. The Government's rights in
computer software documentation generally may not be restricted. For computer software, development
refers to the software. Indicate whether development was accomplished exclusively or partially at private
expense. If development was not accomplished at private expense, or for computer software documentation,
enter the specific basis for asserting restrictions.
***Enter asserted rights category (e.g., government purpose license rights from a prior contract, rights in
SBIR data generated under another contract, limited, restricted, or government purpose rights under this or a
prior contract, or
specially negotiated licenses).
****Corporation, individual, or other person, as appropriate.
*****Enter “none” when all data or software will be submitted without restrictions.
Date __________________________________________________
Printed Name and Title ________________________________
Signature _____________________________________________
(End of identification and assertion)
(e) An offeror's failure to submit, complete, or sign the notification and identification required by paragraph
(d) of this provision with its offer may render the offer ineligible for award.
(f) If the Offeror is awarded a contract, the assertions identified in paragraph (d) of this provision shall be
listed in an attachment to that contract. Upon request by the Contracting Officer, the Offeror shall provide
sufficient information to enable the Contracting Officer to evaluate any listed assertion.
(End of provision)
252.237-7023 CONTINUATION OF MISSION ESSENTIAL SERVICES (OCT 2010) (Applicable to all
purchase orders/subcontracts involving mission essential services. "Contracting Officer" means
LOCKHEED MARTIN. The term "Government" includes LOCKHEED MARTIN.)
(a) Definitions. As used in this clause–(1) “Essential contractor service” means a service provided by a firm
or individual under contract to DoD to support mission-essential functions, such as support of vital systems,
including ships owned, leased, or operated in support of military missions or roles at sea; associated support
activities, including installation, garrison, and base support services; and similar services provided to foreign
military sales customers under the Security Assistance Program. Services are essential if the effectiveness of
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defense systems or operations has the potential to be seriously impaired by the interruption of these services,
as determined by the appropriate functional commander or civilian equivalent.
(2) “Mission-essential functions” means those organizational activities that must be performed under all
circumstances to achieve DoD component missions or responsibilities, as determined by the appropriate
functional commander or civilian equivalent. Failure to perform or sustain these functions would
significantly affect DoD’s ability to provide vital services or exercise authority, direction, and control.
(b) The Government has identified all or a portion of the contractor services performed under this contract as
essential contractor services in support of mission essential functions. These services are listed in attachment
__, Mission-Essential Contractor Services, dated __________.
(c)(1) The Mission-Essential Contractor Services Plan submitted by the Contractor, is incorporated in this
contract.
(2) The Contractor shall maintain and update its plan as necessary. The Contractor shall provide all plan
updates to the Contracting Officer for approval.
(3) As directed by the Contracting Officer, the Contractor shall participate in training events, exercises, and
drills associated with Government efforts to test the effectiveness of continuity of operations procedures and
practices.
(d)(1) Notwithstanding any other clause of this contract, the contractor shall be responsible to perform those
services identified as essential contractor services during crisis situations (as directed by the Contracting
Officer), in accordance with its Mission-Essential Contractor Services Plan.
(2) In the event the Contractor anticipates not being able to perform any of the essential contractor services
identified in accordance with paragraph (b) of this section during a crisis situation, the Contractor shall notify
the Contracting Officer or other designated representative as expeditiously as possible and use its best efforts
to cooperate with the Government in the Government’s efforts to maintain the continuity of operations.
(e) The Government reserves the right in such crisis situations to use Federal employees, military personnel
or contract support from other contractors, or to enter into new contracts for essential contractor services.
(f) Changes. The Contractor shall segregate and separately identify all costs incurred in continuing
performance of essential services in a crisis situation. The Contractor shall notify the Contracting Officer of
an increase or decrease in costs within ninety days after continued performance has been directed by the
Contracting Officer, or within any additional period that the Contracting Officer approves in writing, but not
later than the date of final payment under the contract. The Contractor’s notice shall include the Contractor’s
proposal for an equitable adjustment and any data supporting the increase or decrease in the form prescribed
by the Contracting Officer. The parties shall negotiate an equitable price adjustment to the contract price,
delivery schedule, or both as soon as is practicable after receipt of the Contractor’s proposal.
(g) The Contractor shall include the substance of this clause, including this paragraph (g), in subcontracts for
the essential services.
(End of Clause)
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FAR Clauses
52.203-7
Oct-10
52.204-10
Jul-10
52.215-10
Aug-11
52.215-11
Aug-11
52.216-7
Jun-11
52.216-8
Jun-11
52.216-10
Jun-11
52.216-11
Apr-84
52.216-16
Oct-97
52.215-20
Oct-10
52.215-21
Oct-10
52.222-2
Jul-90
52.222-54
Jan-09
52.223-18
Aug-11
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Anti-Kickback Procedures - This clause is already called out
in Corpdocs, but it should be replaced with the October 2010
version.
Reporting Executive Compensation and First-Tier
Subcontract Awards (Applicable to all first tier
POs/subcontracts other then POs/subcontracts less than
$25,000 or POs/subcontracts with individuals.)
Price Reduction for Defective Certified Cost or Pricing
Data - This clause is already called out in Corpdocs, but it
should be replaced with the August 2011 version.
Price Reduction for Defective Certified Cost or Pricing
Data-Modifications - This clause is already called out in
Corpdocs, but it should be replaced with the August 2011
version.
Allowable Cost and Payment - This clause is already called
out in Corpdocs, but it should be replaced with the June 2011
version.
Fixed Fee - This clause is already called out in Corpdocs, but it
should be replaced with the June 2011 version.
Incentive Fee - This clause is already called out in Corpdocs,
but it should be replaced with the June 2011 version.
Cost Contract--No Fee (Applicable if your contract is cost
plus no fee contract.)
Incentive Price Revision--Firm Target (Applicable to
incentive type subcontracts. This clause can be used with
subcontracts with firm targets. See FAR 52.216-17 for a clause
providing successive targets.)
Requirements for Certified Cost or Pricing Data and Data
Other Than Certified Cost or Pricing Data (Flowdown is not
expressly required by the clause but the clause should be
included in solicitations where an exemption from the
requirement to provide certified cost or pricing data is
expected.) This clause is already called out in Corpdocs, but is
replaced with the October 2010 version.
Requirements for Certified Cost or Pricing Data and Data
Other Than Certified Cost or Pricing Data – Modifications
(Flowdown is recommended in subcontracts where an
exemption from the requirement to provide certified cost or
pricing data is expected.) This clause is already called out in
Corpdocs, but is replaced with the October 2010 version.
Payment for Overtime Premiums (This clause is in the
Corpdoc Ts&Cs - please fill in “zero” at the blank in paragraph
(a).)
Employment Eligibility Verification (Applicable if your
contract is for services or construction having a value of more
than $3,000.)
Contractor Policy to Ban Test Messaging While Driving
(Applicable for all purchase orders/subcontracts.)
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52.227-21
Dec-07
52.227-22
Jun-87
52.227-6
Apr-84
52.228-3
Apr-84
52.232-17
Oct-10
52.236-7
Nov-91
52.242-2
Apr-91
52.243-1 ALT V
Apr-84
52.243-2 ALT V
Apr-84
52.244-6
Dec-10
52.246-7
Aug-96
52.246-8
May-01
52.249-9
Apr-84
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Technical Data Certification, Revision, and Withholding of
Payment--Major Systems (Applicable to purchase orders/
subcontracts that require the delivery of technical data.)
Major System--Minimum Rights (Applicable to purchase
orders/subcontracts that require the delivery of technical data.)
Royalty Information (Applicable to subcontracts requiring
certified cost or pricing data.)
Workers' Compensation Insurance (Defense Base Act).
(Applies if you will perform work subject to the Defense Base
Act 42 U.S.C. 1651 et seq.)
Interest (Applicable if your contract contains any clauses
which refers to an Interest clause.)
Permits and Responsibilities (applicable to all purchase
orders/subcontracts where subcontractors will be required to
obtain permits for construction work.)
Production Progress Reports (Applicable if you have been
directed to provide production progress reports.)
Changes--Fixed-Price (The basic clause is already called out
in Corpdocs, but Alternate V will also apply if your contract is
for research and development.)
Changes--Cost-Reimbursement The basic clause is already
called out in Corpdocs, but Alternate V will also apply if your
contract is for research and development.
Subcontracts for Commercial Items - This clause is already
called out in Corpdocs, but it should be replaced with the
December 2010 version.
Inspection of Research and Development -- Fixed-Price
(Applicable if your purchase order/subcontract is fixed price
and is for research and development.)
Inspection of Research and Development -- CostReimbursement (Applicable if your purchase order/
subcontract is cost reimbursable and is for research and
development.)
Default (Fixed-Price Research and Development)
(Applicable if your purchase order/subcontract is Fixed-Price
and is for research and development.)
DFARS Clauses
252.204-7000
Dec-91
252.211-7003
Jun-11
252.211-7005
Nov-05
252.217-7028
Dec-91
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Disclosure of Information (Applicable for all purchase
orders/subcontracts.)
Item Identification and Valuation - This clause is already
called out in Corpdocs, but it should be replaced with the June
2011 version.
Substitutions for Military or Federal Specifications and
Standards (Applicable to purchase orders/subcontracts where
subcontractor Single Process Initiative block changes have been
approved for use.)
Over and Above Work (Not applicable to this purchase
order/subcontract unless specifically stated elsewhere in the
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252.219-7004
Jan-11
252.222-7000
Mar-00
252.222-7006
Dec-10
252.225-7009
Jan-11
252.225-7015
Jun-05
252.225-7016
Jun-11
252.225-7040
Jun-11
252.227-7013
Mar-11
252.227-7014
Mar-11
252.227-7015
Mar-11
252.227-7016
Jan-11
252.227-7021
Mar-79
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agreement – may be included in purchase orders/subcontracts
where Over and Above Work may be required and no more
specific arrangement for handling such work is specified in the
subcontract.)
252.219-7004, Small Business Subcontracting Plan (Test
Program) (Applicable to purchase orders/subcontracts that
offer subcontracting possibilities, are expected to exceed
$650,000 ($1,500,000 for construction of any public facility),
and are required to include the clause at 52.219-8, Utilization of
Small Business Concern.)
Restrictions on Employment of Personnel (Applicable for all
purchase orders/subcontracts.)
Restrictions on the Use of Mandatory Arbitration
Agreements (Applicable for all POs/subcontracts that exceed
$1,000,000 that will be funded in whole or part with Fiscal
Year 2010 appropriated funds. The clause is not required if all
of the subcontractors employees performing work under the
contract will be located outside of the United States. The
certification in paragraph (b)(2) applies to both Seller in its own
capacity and to Seller's covered subcontractors.)
Restriction on Acquisition of Certain Articles Containing
Specialty Metals (Applicable if deliverables under your
contract includes specialty metals. Paragraph (d) is deleted.)
Restriction on Acquisition of Hand or Measuring Tools
(Applicable to purchase orders/subcontract that require the
delivery of hand or measuring tools.)
Restriction on Acquisition of Ball and Roller Bearings This clause is already called out in Corpdocs, but it should be
replaced with the June 2011 version.
Contractor Personnel Authorized to Accompany U.S.
Armed Forces Deployed Outside the United States (Applies
if Seller will deploy persons or otherwise provide support in the
theater of operations to U.S. military forces deployed outside
the United States. Communications with the Contracting
Officer shall be made through Lockheed Martin.)
Rights in Technical Data-Noncommercial Items - This
clause is already called out in Corpdocs, but it should be
replaced with the March 2011 version.
Rights in Noncommercial Computer Software and
Noncommercial Computer Software Documentation - This
clause is already called out in Corpdocs, but it should be
replaced with the March 2011 version.
Rights in Technical Data-Commercial Items - This clause is
already called out in Corpdocs, but it should be replaced with
the March 2011 version.
Rights in Bid or Proposal Information - This clause is
already called out in Corpdocs, but it should be replaced with
the January 2011 version.
Rights in Data--Existing Works (Applies if this contract
requires the delivery of "existing works" as defined in the
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252.227-7025
Mar-11
252.234-7004
Nov-10
252.243-7002
Mar-98
252.244-7000
Nov-10
252.245-7001
Feb-11
252.246-7000
Mar-08
252.249-7002
Oct-10
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clause.)
Limitations on the Use or Disclosure of GovernmentFurnished Information Marked with Restrictive Legends This clause is already called out in Corpdocs, but it should be
replaced with the March 2011 version.
Cost and Software Data Reporting System (Applicable to all
purchase orders/subcontracts in excess of $50,000,000. In
paragraph (b), "Government" means Lockheed Martin.)
Requests for Equitable Adjustment (Applies to all purchase
orders/subcontracts over $100,000.)
Subcontracts for Commercial Items and Commercial
Components (Applicable to all purchase orders/subcontracts
for commercial items or commercial components.)
Tagging, Labeling, and Marking of Government-Furnished
Property (Applicable to all purchase orders/subcontracts where
the items furnished by the contractor will be subject to
serialized tracking.)
Material Inspection and Receiving Report (Applicable if
direct shipments will be made to the Government.)
Notification of Anticipated Contract Termination or
Reduction - This clause is already called out in Corpdocs, but
it should be replaced with the October 2010 version.
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