Document No. MS015 6/18/09 Flowdowns for Prime Contract FA8823-06-C-0002, Milsatcom Logistics

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Document No. MS015
6/18/09
Flowdowns for Prime Contract FA8823-06-C-0002, Milsatcom Logistics
Sustainment Support (MLSS)
Full Text Clauses
H063, Contractor Identification (Feb 2003) (Applicable for all purchase
orders/subcontracts)
(a)
Contractor personnel and their subcontractors must identify themselves as
Contractors or subcontractors during meetings, telephone conversations, in electronic
messages, or correspondence related to this contract.
(b)
Contractor-occupied facilities (on AFMC or other Government installations) such
as offices, separate rooms, or cubicles must be clearly identified with Contractor-supplied
signs, name plates or other identification, showing that these are work areas for
Contractor or subcontractor personnel.
SMC-H002, Maintenance of Government-Furnished Property (Jul 2005) (Applicable
if you will be provided Government furnished property or you have been authorized to
use the MILSTRIP system.)
(a)
The Contractor shall maintain the following items of GFP while in its possession
and is authorized to use the MILSTRIP system to requisition parts from DoD supply
sources in accordance with DoD 4000.25-1-M, Military Standard Requisitioning and
Issue Procedures (MILSTRIP), in order to provide such maintenance.
See Attachment 3, Government Furnished Property List.
(b)
The Contractor's authorization to use the MILSTRIP system shall terminate at the
completion of the final exercised Option period. In any event, MILSTRIP authority will
end on 8 Dec 09. The Contractor shall requisition only those items necessary for
performance of this contract and shall return all excess items using normal MILSTRIP
return procedures unless other instructions are provided by the Government.
(c)
The Contractor shall enter the appropriate code as the project code in card
columns 57-59 on DD Form 1348, DoD Single Line Item Requisition System Document,
for all MILSTRIP requisitions submitted in support of this contract. In addition, the
following fields shall be completed as follows: in card columns 45-50 of the DD Form
1348 as follows, enter a "Y" in column 45, the last digit of the contract year in column 46
and the last four characters of the contract number in columns 47-50 (if this field is
already filled, use columns 71-76 or, alternately, the "REMARKS" section of the DD
Form 1348): enter the appropriate code as the advice code in columns 65-66; enter the
appropriate code as the signal code in column 51; and enter the appropriate codes as the
fund code in columns 52-53. The Contractor shall use Requisition Priority Designators
as assigned by the Contract Administration Office (CAO) for each MILSTRIP requisition
submitted.
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(d)
The Contractor shall submit all MILSTRIP requisitions to the CAO representative
at the Contractor's plant. The CAO will approve or reject the Contractor's MILSTRIP
requisition.
(e)
The Contractor may flow-down authorizations to use the MILSTRIP system to
subcontractor(s) but only after prior written approval of the Contracting Officer, where
upon the same requirements and restrictions contained in this contract will apply to the
subcontractor(s).
(f)
Additional guidance may be found in AFM 67-1, Volume I, Part One or DoDI
4140.48.
(g)
Rejected or unavailable requisitioned items shall be added to Contractor-furnished
items, in which event the Contractor shall promptly notify the Contracting Officer and the
contract price, as appropriate, shall be subject to equitable adjustment.
SMC-H004, Enabling Clause Between Prime Contractors and Service Contractors
(Nov 2005) (Applicable if your contract is valued at $1 million or more)
(a)
The Air Force have entered into contracts with Northrop Grumman Information
Technology (NGIT), L-3 Communications, Booz-Allen, LinQuest, Harris Corporation,
Integrated Systems, Inc. (ISI), Boeing Satellite Systems, WPL, ARINC, SII, Raytheon,
and Rockwell/Collins for services to provide technical, evaluation, security and
acquisition management support.
(b)
Service tasks involve the application of a broad range of education, skills,
knowledge, and experience in many disciplines in support of weapon system acquisition
tasks. Tasks involve technical, evaluation, security, and acquisition management support.
(c)
In the performance of this contract, the Contractor agrees to cooperate with
Contractors listed in paragraph (a) by responding to invitations from authorized personnel
to attend meetings; providing access to technical information, and planning data, test data
and results, and schedule data; discussing technical matters related to the program;
providing access to Contractor facilities utilized in the performance of this contract; and
allowing observation of technical activities by appropriate support Contractor technical
personnel.
(d)
The Contractor further agrees to include in each subcontract over $1 million or 10
percent of prime contract value, whichever is less, a clause requiring compliance by a
subcontractor and succeeding levels of subcontractors with the response and access
provisions of paragraph (c) above,
subject to coordination with the Contractor. This agreement does not relieve the
Contractor of responsibility to manage subcontracts effectively and efficiently, nor is it
intended to establish privity of contracts between the Government or the service
Contractor(s) and such subcontractors.
(e)
Service Contractor personnel are not authorized to direct a
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Contractor in any manner.
(f)
Service contracts contain an organizational conflict of interest clause that required
the support Contractors to protect the data and prohibits the service Contractors from
using the data for any purpose other than that for which the data was presented.
(g) Neither the Contractor nor their subcontractors shall be required in the satisfaction
of the requirements of this clause to perform any effort or supply any documentation not
otherwise required by their contract or subcontract.
SMC-H005, Cross-Utilization of Government-Owned Property Among Contracts
(Aug 2005) (Applicable if you contract includes the use of government-owned property)
(a)
Authorization is given for the cross-utilization of all Government Property (GP)
including Contractor-Acquired, Government-Owned Property (CAGP) (CAGP includes
special tooling, special test equipment, plant equipment, and facilities) accountable to
Contract Nos. FA8808-04-C-0012 (Milstar/DSCS OOS), F04701-02-C-0002 (AEHF),
F04701-95-C-0017 (SBIRS High) and FA8823-06-C-0002 (MLSS) on a rent-free, noninterference basis, unless use is otherwise restricted (e.g., restricted rights software and
COMSEC equipment/material). In the event of a usage conflict between the owning
contract and the using contract, the owning contract shall have precedence.
(b)
Since scheduling the rent-free, non-interference use of and maintenance of
GP/CAGP is controlled by the Contractor, no claim for unavailability or unsuitability for
use will be recognized by the Government as defined in the clause of the contract entitled
"Government Property".
(c)
All shipments and transfers will be documented by a DD Form 1149.
Government approval is not required for changes in location of GP/CAGP accountable to
the aforementioned contracts. Government approval shall be obtained for each transfer
of accountability.
(d)
The Contractor is authorized to transfer residual Government-owned material
items among these contracts in accordance with government-approved company material
management accounting system procedures. Records related to transfers of residual
material among these contracts are subject to periodic Government review and/or audit.
(e)
This special contract requirement shall be flowed down to all lower tier
subcontracts that include the use of government-owned property.
FAR Clauses
52.243-2, Changes – Cost Reimbursement (Aug 1987) – Alternate II (Apr 1984). The
basic clause is already called out in Corpdocs, but Alternate II will also apply if your
contract is for both services and supplies.
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52.227-12, Patent Rights—Retention by the Contractor (Long Form)(Jan 1997)
(Applicable if you are a large business and your contract involves research, development
or experimental work.)
DFARS Clauses
252.204-7000, Disclosure of Information (Dec 1991). (Applicable for all purchase
orders/subcontracts.)
252.223-7006, Prohibition on Storage and Disposal of Toxic and Hazardous
Materials (Apr 1993) and Alternate I (Nov 1995) (Applicable if your contract requires,
or may require, or permit you to treat or dispose of non-DoD-owned toxic or hazardous
materials as defined in this clause. “Government” means “Lockheed Martin and
Government.”)
252.225-7012, Preference for Certain Domestic Commodities (Jun 2004).
(Applicable for all purchase orders/subcontracts with deliverables.)
252.243-7002, Requests for Equitable Adjustment (Mar 1998). (Applies to all
purchase orders/subcontracts over $100,000.)
252.246-7000, Material Inspection and Receiving Report – (Mar 2003). (Applicable
if direct shipments will be made to the Government.)
AFFARS Clauses
5352.223-9000, Elimination of Use of Class I Ozone Depleting Substances (ODS)
(Apr 2003). (Applicable for all purchase orders/subcontracts)
5352.223-9001, Health and Safety on Government Installations (Jun 1997).
(Applicable if the subcontractor will perform work on a government installation)
5352.242-9000, Contractor Access to Air Force Installations (May 1996).
(Applicable if you will be performing work on a government installation.)
5352.242-9001, Common Access Cards (CACs) for Contractor Personnel (Aug
2004). (Applicable if you will be performing work on a government installation.)
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