04/05/2013 Document No. MD033 Flowdowns for Letter Subcontract 1021300008, ICBM Common Erector Support (Prime Contract No. HQ0147-11-C-0006) Full Text Clauses PUBLIC RELEASE OF INFORMATION (Apr 2009) (Applicable to all purchase orders/subcontracts. All references to communications and data submittals to the COR 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 contracting officer’s representative (COR). See DD Form 254 for Public Release Request submission process, procedures, and requirements. (d) The contractor shall submit the following to the COR at least 30 days in advance of the proposed need date. (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. (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/TCA Document No. MD033 1 of 13 04/05/2013 04/05/2013 Document No. MD033 Flowdowns for Letter Subcontract 1021300008, ICBM Common Erector Support (Prime Contract No. HQ0147-11-C-0006) Attn: Bradley Price 5222 Martin Road Redstone Arsenal, AL 35898 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 will be required to support Technical Interface/Integration Meetings (TIMS) with other Ballistic Missile Defense (BMD) Contractors and other Government agencies. Appropriate organizational conflicts of interest clauses and additional costs, 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 the integration of the requirements of this contract into BMD system plans and the support of key Missile Defense Agency (MDA) program reviews. (c) The Contractor agrees to cooperate with BMD Contractors by providing access to technical matters, provided, however, the Contractor will not be required to provide proprietary 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, nor is it intended to establish privity of contract between the Government and such subcontractors. (e) Personnel from BMD Contractors or other Government agencies or Contractors 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. CONTROL OF ACCESS TO MDA SPACES AND INFORMATION SYSTEMS (MAY 2005) (Applicable if you will be accessing MDA spaces and information systems.) 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 TC Security Manager to ensure timely action to: (1) Remove the employee from the current Visit Authorization Request/Letter; Document No. MD033 2 of 13 04/05/2013 04/05/2013 Document No. MD033 Flowdowns for Letter Subcontract 1021300008, ICBM Common Erector Support (Prime Contract No. HQ0147-11-C-0006) (2) Cancel the MDA badge, keycard, Pentagon Pass, base vehicle stickers, and etcetera issued pursuant to the Visit Authorization Request/Letter; and (3) Terminate the MDA classified/unclassified LAN accounts/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. 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. (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 MDA/TC Bldg 5222, Martin Rd, Redstone Arsenal Al, 35898 or DOD higher authority. (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. Document No. MD033 3 of 13 04/05/2013 04/05/2013 Document No. MD033 Flowdowns for Letter Subcontract 1021300008, ICBM Common Erector Support (Prime Contract No. HQ0147-11-C-0006) (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. 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 nonpublic 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 (hereinafter collectively referred to as "Contractor") in the activities covered by this contract as prime Contractor, subcontractor, co-sponsor, joint venturer, consultant, or in any similar capacity. (2) The Missile Defense Agency’s OCI policy is in Attachment #6 of Section J. Document No. MD033 4 of 13 04/05/2013 04/05/2013 Document No. MD033 Flowdowns for Letter Subcontract 1021300008, ICBM Common Erector Support (Prime Contract No. HQ0147-11-C-0006) (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, other than succeeding MDA targets development support, based on such information for a period of one year after the completion of this contract, or until such information is released or otherwise made public; whichever occurs first. (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) Document No. MD033 5 of 13 04/05/2013 04/05/2013 Document No. MD033 Flowdowns for Letter Subcontract 1021300008, ICBM Common Erector Support (Prime Contract No. HQ0147-11-C-0006) 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. (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. FAR Clauses 52.203-7, Anti-Kickback Procedures (Oct 2010) – This clause is already called out in CorpDocs, but it should be replaced with the October 2010 version. 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Mar 2009) (Applicable for all purchase orders/subcontracts.) 52.204-9, Personal Identity Verification of Contractor Personnel (Sep 2007) – This clause is already called out in CorpDocs, but it should be replaced with the September 2007 version. 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2010) – This clause is already called out in CorpDocs, but it should be replaced with the July 2010 version. 52.204-11, American Recovery and Reinvestment Act--Reporting Requirements (Jul 2010) (Applicable for all purchase orders/subcontracts. If this purchase order/subcontract exceeds $25,000 and not subject to the reporting specified in paragraph (d)(9), Seller shall provide to Lockheed Martin the information described at Paragraph (d)(10)(i), (ix), (x), and (xi) for Lockheed Martin’s quarterly report. Seller is advised that the information will be made available to the public as required by section 1512 of the Recovery Act.) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Sep 2006) – This clause is already called out in CorpDocs, but it should be replaced with the September 2006 version. 52.214-26, Audit and Records -- Sealed Bidding (Mar 2009) (Applicable if this purchase order/subcontract exceeds the threshold for submission of cost or pricing data in FAR 15.403-4(a)(1). "Contracting Officer" means "Lockheed Martin and the Contracting Officer.") 52.214-28 Subcontractor Certified Cost or Pricing Data -- Modifications -- Sealed Bidding (Oct 1997) (Applicable if this purchase order/subcontract exceeds the threshold for submission of cost or pricing data in FAR 15.403-4(a)(1).) Document No. MD033 6 of 13 04/05/2013 04/05/2013 Document No. MD033 Flowdowns for Letter Subcontract 1021300008, ICBM Common Erector Support (Prime Contract No. HQ0147-11-C-0006) 52.215-10, Price Reduction for Defective Certified Cost or Pricing Data (Oct 2010) – This clause is already called out in CorpDocs, but it should be replaced with the October 2010 version. 52.215-11, Price Reduction for Defective Certified Cost or Pricing Data - Modifications (Oct 2010) – This clause is already called out in CorpDocs, but it should be replaced with the October 2010 version. 52.216-7, Allowable Cost or Payment (Dec 2002) – This clause is already called out in CorpDocs, but it should be replaced with the December 2002 version. 52.216-8, Fixed Fee (Mar 1997) – This clause is already called out in CorpDocs, but it should be replaced with the March 1997 version. 52.216-10, Incentive Fee (Mar 1997) – This clause is already called out in CorpDocs, but it should be replaced with the March 1997 version. 52.216-16, Incentive Price Revision – Firm Target (Oct 1997) (Applicable if your purchase order/ subcontract is a fixed price incentive contract. "Contracting Officer," "contract administrative office" and "Government" mean "Lockheed Martin." Paragraph (i) is deleted. The blanks in the clause are completed with the amounts specified in the purchase order/subcontract.) 52.216-17, Incentive Price Revision -- Successive Targets (Oct 1997) (Applicable to all purchase orders/subcontracts with successive targets. "Contracting officer," "contract administrative office" and "Government" mean "Lockheed Martin." Paragraph (k) is deleted. The blanks in the clause are completed with the amounts specified in the purchase orders/subcontract.) 52.222–6, Davis-Bacon Act (Jul 2005) (Applicable for all purchase orders/subcontracts where the scope of work includes construction, alterations and repairs within the United States.) 52.222–7, Withholding of Funds (Feb 1988) (Applicable for all purchase orders/subcontracts where the scope of work includes construction, alterations and repairs within the United States. "Contracting Officer" means "Lockheed Martin.") 52.222–8, Payrolls and Basic Records (Jun 2010) (Applicable for all purchase orders/subcontracts where the scope of work includes construction, alterations and repairs within the United States.) 52.222–9, Apprentices and Trainees (Jul 2005) (Applicable for all purchase orders/subcontracts where the scope of work includes construction, alterations and repairs within the United States.) 52.222–10, Compliance with Copeland Act Requirements (Feb 1988) (Applicable for all purchase orders/ subcontracts where the scope of work includes construction, alterations and repairs within the United States.) 52.222–11, Subcontracts (Labor Standards) (Jul 2005) (Applicable for all purchase orders/subcontracts for where the scope of work includes construction, alterations and repairs within the United States. The last sentence of paragraph (a) is revised to read as follows: "Seller is responsible for compliance by any lower tier subcontractor with all the contract clauses cited in this paragraph.") Document No. MD033 7 of 13 04/05/2013 04/05/2013 Document No. MD033 Flowdowns for Letter Subcontract 1021300008, ICBM Common Erector Support (Prime Contract No. HQ0147-11-C-0006) 52.222–12, Contract Termination -- Debarment (Feb 1988) (Applicable for all purchase orders/ subcontracts where the scope of work includes construction, alterations and repairs within the United States.) 52.222–13, Compliance with Davis-Bacon and Related Act Regulations (Feb 1988) (Applicable for all purchase orders/subcontracts where the scope of work includes construction, alterations and repairs within the United States.) 52.222–14, Disputes Concerning Labor Standards (Feb 1988) (Applicable for all purchase orders/ subcontracts where the scope of work includes construction, alterations and repairs within the United States.) 52.222–15, Certification of Eligibility (Feb 1988) (Applicable for all purchase orders/subcontracts where the scope of work includes construction, alterations and repairs within the United States.) 52.222-52, Exemption from Application of the Service Contract Act to Contracts for Certain Services— Certification (Nov 2007) (An equivalent certification will be provided to Lockheed Martin by any Seller, which would otherwise be subject to the Service Contract Act, but which claims exemption for the bases addressed in the clause.) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Nov 2007) (Applicable for all purchase orders/subcontracts for exempt services.) 52.222-54, Employment Eligibility Verification (Jan 2009) – This clause is already called out in CorpDocs, but it should be replaced with the January 2009 version. 52.223-18, Encouraging Contractor Policy to Ban Text Messaging While Driving (Sep 2010) – This clause is already called out in CorpDocs, but it should be replaced with the September 2010 version. 52.225-5, Trade Agreements (Aug 2009) – This clause is already called out in CorpDocs, but it should be replaced with the August 2009 version. 52.225-21, Required Use of American Iron, Steel, and Manufactured Goods -- Buy American Act -Construction Materials (Mar 2009) (Applicable if this purchase order/subcontract involves the furnishing of steel, and other manufactured goods for use as construction material.) 52.227-1, Authorization and Consent (Dec 2007) and Alternate I (Apr 1984) – The basic clause is already called out in CorpDocs and if it is applicable to you then Alternate I will also apply. 52.227-3, Patent Indemnity (Apr 1984) and Alternate III (Jul 1995) – The requirements of this clause are addressed in the full text provisions in CorpDocs, but Alternate III will also apply if this purchase order/ subcontract is for communication services and facilities where performance is by a common carrier, and the services are unregulated and are not priced by a tariff schedule set by a regulatory body. 52.227-6, Royalty Information (Apr 1984) (Applicable for all purchase orders/subcontracts requiring certified cost or pricing data.) Document No. MD033 8 of 13 04/05/2013 04/05/2013 Document No. MD033 Flowdowns for Letter Subcontract 1021300008, ICBM Common Erector Support (Prime Contract No. HQ0147-11-C-0006) 52.227-14, Rights in Data – General (Dec 2007) and Alternate I (Dec 2007), Alternate II (Dec 2007), Alternate III (Dec 2007), and Alternate IV (Dec 2007) – The basic clause is already called out in CorpDocs and if it is applicable to you then Alternate I, Alternate II, Alternate III, and Alternate IV will also apply. 52.227-16, Additional Data Requirements (Jun 1987) (Applicable if you will be delivering technical data. “Contracting Officer” means “Lockheed Martin and the Contracting Officer.”) 52.228-3, Workers’ Compensation Insurance (Apr 1984) (Applicable if you will perform work subject to the Defense Base Act 42 U.S.C. 1651 et seq.) 52.229-8, Foreign Cost-Reimbursement Contracts (Mar 1990) (Applicable if this is a cost reimbursement purchase order/subcontract and the work will be performed wholly or partly in a foreign country. In paragraph (b), “Contracting Officer” and “Government of the United States” mean “Lockheed Martin.” The blanks in paragraph (a) will be filled in by the Lockheed Martin Procurement Representative for this purchase order/subcontract.) 52.229-10, State of New Mexico Gross Receipts and Compensating Tax (Apr 2003) (Applicable if this a cost reimbursement purchase order/subcontract and work will be performed in whole or in part in New Mexico. In paragraph (d) “Government” means “Lockheed Martin or Government,” and the blank in paragraph (g) is replaced with “the procuring agency under the prime contract.”) 52.230-2, Cost Accounting Standards (Oct 2010) – This clause is already called out in CorpDocs, but it should be replaced with the October 2010 version. 52.230-3, Disclosure and Consistency of Cost Accounting Practices (Oct 2008) – This clause is already called out in CorpDocs, but it should be replaced with the October 2008 version. 52.230-4, Disclosure and Consistency of Cost Accounting Practices--Foreign Concerns (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 2010) (Applicable if your purchase order/subcontract contains any clauses which refers to an Interest clause. “Government” means “Lockheed Martin”.) 52.234-4, Earned Value Management System (Jul 2006) (Applicable if you are called out in paragraph (g) of this clause in the Prime Contract. The terms "Contracting Officer" and "Government" include Lockheed Martin.) 52.236-13, Accident Prevention (Nov 1991) (Applicable for all purchase orders/subcontracts where the scope of work includes construction. "Contracting Officer" means "Lockheed Martin or the Contracting Officer." "Government" means "Lockheed Martin or Government.") 52.243-2, Changes – Cost Reimbursement (Aug 1987) and Alternate I (Apr 1984) – The basic clause is already called out in CorpDocs, but Alternate I will also apply if your purchase order/subcontract is only for services. Document No. MD033 9 of 13 04/05/2013 04/05/2013 Document No. MD033 Flowdowns for Letter Subcontract 1021300008, ICBM Common Erector Support (Prime Contract No. HQ0147-11-C-0006) 52.243-2, Changes – Cost Reimbursement (Aug 1987) and Alternate II (Apr 1984) – The basic clause is already called out in CorpDocs, but Alternate II will also apply if your purchase order/subcontract is for services and supplies. 52.243-2, Changes – Cost Reimbursement (Aug 1987) and Alternate III (Apr 1984) – The basic clause is already called out in CorpDocs, but Alternate III will also apply if your purchase order/subcontract is for construction. 52.243-2, Changes – Cost Reimbursement (Aug 1987) and Alternate V (Apr 1984) – The basic clause is already called out in CorpDocs, but Alternate V will also apply if your purchase order/subcontract is for research and development. 52.245-1, Government Property (Dec 2007) – The basic clause and Alternate are already called out in CorpDocs, but they should be replaced with the December 2007 versions. 52.246-8, Inspection of Research and Development – Cost Reimbursement (May 2001) (Applicable if this is a cost reimbursement purchase order/subcontract that is for research and development. “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.) 52.249-6, Termination (Cost-Reimbursement) (May 2004) – This clause is already called out in CorpDocs, but it should be replaced with the May 2004 version. 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".) 252.208-7000, Intent to Furnish Precious Metals as Government-Furnished Material (Dec 1991) (Applicable for all purchase orders/subcontracts that involve precious metals.) 252.211-7003, Item Identification and Valuation (Aug 2008) – This clause is already called out in CorpDocs, but it should be replaced with the August 2008 version. 252.211-7007, Reporting of Government-Furnished Equipment in the DoD Item Unique Identification (IUID) Registry (Nov 2008) (Applicable if Seller will be in possession of Government property for the performance of this purchase order/subcontract.) 252.215-7000, Pricing Adjustments (Dec 1991) – The basic clause is already called out in CorpDocs, but it should be replaced with the December 1991 version. 252.219-7003, Small Business Subcontracting Plan (DoD Contracts) (Jan 2011) – The basic clause is already called out in CorpDocs, but it should be replaced with the January 2011 version. Document No. MD033 10 of 13 04/05/2013 04/05/2013 Document No. MD033 Flowdowns for Letter Subcontract 1021300008, ICBM Common Erector Support (Prime Contract No. HQ0147-11-C-0006) 252.219-7004, Small Business Subcontracting Plan (Test Program) (Jan 2011) (Applicable if you participate in the DoD Test Program.) 252.222-7000, Restrictions on Employment of Personnel (Mar 2000) (Applicable for all purchase orders/ subcontracts.) 252.222-7006, Restrictions on the Use of Mandatory Arbitration Agreements (May 2010) (Applicable for all purchase orders/subcontracts that exceed $1,000,000 and will be funded in whole or part with Fiscal Year 2010 appropriated funds except for purchase orders/subcontracts for commercial items or for commercial offthe-shelf items. 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 subcontractor's.) 252.225-7001, Buy American and Balance of Payments Program (Jan 2009) – This clause is already called out in CorpDocs, but it should be replaced with the January 2009 version. 252.225-7009, Restriction on Acquisition of Certain Articles Containing Specialty Metals (Jul 2009) – This clause is already called out in CorpDocs, but it should be replaced with the July 2009 version. 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.) 252.225-7013, Duty-Free Entry (Dec 2009) – This clause is already called out in CorpDocs, but it should be replaced with the December 2009 version. 252.225-7015, Restriction on Acquisition of Hand or Measuring Tools (Jun 2005) (Applicable if this purchase order/subcontract requires the delivery of hand or measuring tools.) 252.225-7016, Restriction on Acquisition of Ball and Roller Bearings (Mar 2006) – This clause is already called out in CorpDocs, but it should be replaced with the March 2006 version. 252.225-7019, Restriction on Acquisition of Anchor and Mooring Chain (Dec 2009) (Applicable if this purchase order/subcontract requires the delivery of welded shipboard anchor and mooring chain, four inches or less in diameter.) 252.225-7021, Trade Agreements (Nov 2009) – This clause is already called out in CorpDocs, but it should be replaced with the November 2009 version. 252.225-7025, Restriction on Acquisition of Forgings (Dec 2009) (Applicable if your delivery contains restricted forging items – ship propulsion shafts, periscope tubes or ring forgings for bull gears.) 252.225-7028, Exclusionary Policies and Practices of Foreign Governments (Apr 2003) (Applicable for all purchase orders/subcontracts.) Document No. MD033 11 of 13 04/05/2013 04/05/2013 Document No. MD033 Flowdowns for Letter Subcontract 1021300008, ICBM Common Erector Support (Prime Contract No. HQ0147-11-C-0006) 252.225-7030, Restriction on Acquisition of Carbon, Alloy, and Armor Steel Plate (Dec 2006) (Applicable for all purchase orders/subcontracts for carbon, alloy, and armor steel plate in Federal supply class 9515, or described by American Society for Testing Materials (ASTM) or American Iron and Steel Institute (AISI) specifications, furnished as a deliverable item under the prime contract.) 252.227-7014, Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation (Jun 1995) – This clause is already called out in CorpDocs, but it should be replaced with the June 1995 version. 252.227-7015, Technical Data--Commercial Items (Sep 2011) – This clause is already called out in CorpDocs, but it should be replaced with the September 2011 version. 252.227-7016, Rights in Bid or Proposal Information (Jun 1995) – This clause is already called out in CorpDocs, but it should be replaced with the June 1995 version. 252.227-7018, Rights in Noncommercial Technical Data and Computer Software – Small Business Innovation Research (SBIR) Program (Jun 1995) (Applicable if your purchase order/subcontract requires delivery of technical data.) 252.227-7019, Validation of Asserted Restrictions-Computer Software (Jun 1995) – This clause is already called out in CorpDocs, but it should be replaced with the June 1995 version. 252.227-7025, Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends (Jun 1995) – This clause is already called out in CorpDocs, but it should be replaced with the June 1995 version. 252.227-7033, Rights in Shop Drawings (Apr 1966) (Applicable if your purchase orders/subcontracts requires delivery of drawings.) 252.227-7037, Validation of Restrictive Markings on Technical Data (Sep 1999) – This clause is already called out in CorpDocs, but it should be replaced with the September 1999 version. 252.227-7038, Patent Rights--Ownership by the Contractor (Large Business) (Dec 2007) – This clause is already called out in CorpDocs, but it should be replaced with the December 2007 version. 252.229-7011, Reporting of Foreign Taxes -- U. S. Assistance Programs (Sep 2005) (Applicable for all purchase orders/subcontracts for commodities that exceed $500. Copies of all notifications made pursuant to this clause shall be made to Lockheed Martin.) 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." ) 252.235-7000, Indemnification Under 10 U.S.C. 2354 – Fixed Price (Dec 1991) (The indemnification provided by this clause apply only to the extent that indemnification is provided by the Government. In no Document No. MD033 12 of 13 04/05/2013 04/05/2013 Document No. MD033 Flowdowns for Letter Subcontract 1021300008, ICBM Common Erector Support (Prime Contract No. HQ0147-11-C-0006) event shall Lockheed Martin be liable to the Contractor for any portion of the indemnity provided by this clause. Communication between the Contracting Officer and Seller shall be made through Lockheed Martin.) 252.236-7013 Requirement for Competition Opportunity for American Steel Producers, Fabricators, and Manufacturers (Jan 2009) (Applicable for all purchase orders/subcontracts that involves the acquisition of steel as a construction material.) 252.237-7023, Continuation of Essential Contractor Services (Mar 2010) (Applicable for all purchase orders/subcontracts involving mission essential services. "Contracting Officer" means “Lockheed Martin”. The term "Government" includes “Lockheed Martin”.) 252.239-7016, Telecommunications Security Equipment Devices, Techniques, and Services (Dec 1991) (Applicable if your purchase order/subcontract requires securing telecommunications.) 252.243-7002, Requests for Equitable Adjustment (Mar 1998) (Applicable to all purchase orders/ subcontracts over $150,000. “Government” means “Lockheed Martin”.) 252.244-7000, Subcontracts for Commercial Items and Commercial Components (DoD Contracts) (Aug 2009) (Applicable if your purchase order/subcontract is for commercial items or commercial components.) 252.246-7000, Material Inspection and Receiving Report (Mar 2008) (Applicable if direct shipments will be made to the Government.) 252.246-7001, Warranty of Data (Dec 1991) and Alternate II (Dec 1991) (Applicable if you will be delivering data. "Government" means "Lockheed Martin or the Government." "Contracting Officer" means "Lockheed Martin." The last sentence in paragraph (b) is changed to read as follows: The warranty period shall extend for three years after completion of delivery of the data to Lockheed Martin, or if the data is delivered to the Government, either by Lockheed Martin or Seller, the warranty period shall extend for three years after delivery to the Government." Alternate II will also apply when extended liability is desired and a firm fixed price purchase order/subcontract is contemplated.) Document No. MD033 13 of 13 04/05/2013