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Full Text Clauses
ESC--C002
AFMC MP 5335.071(90), FREQUENCY AUTHORIZATION (SEP 2011)
The Contractor must ensure that radio frequencies are available to support electromagnetic radiating devices in
their intended environment and that adequate protection from interference can be provided to receiving devices.
Accordingly, the Contractor shall submit DD Form 1494, Application for Equipment Frequency Allocation, in
triplicate to the buyer at the issuing office indicated on the cover of this document within 45 days after contract
award. Instructions for preparing the form are contained in AFI 33-118, Radio Frequency Spectrum Management,
and on the form itself. The DD Form 1494 will be routed through the Administrative Activity Quality Control
Office indicated on the cover of the form in accordance with AFI 33-118. Upon verification of frequency
requirements, the Contractor shall submit, if required, information to prepare a "Standard Frequency Action
Format (SFAF) Request" to the person and address specified above. Instructions for preparing an SFAF are
contained in AFI 33-118. Attention is directed to DFARS 252.235-7003, Frequency Authorization.
ESC--H002
COMMERCIAL SOFTWARE LICENSES (SEP 2011)
The Contractor shall provide license agreement information for all commercial software licenses to be obtained
on behalf of or transferred to the US Government under this contract. In this arrangement, the Government may
ultimately become the Licensee in certain commercial software licenses. In order to permit the Government to
become a Licensee in the commercial software licenses, the Contractor shall first pre-review the commercial
software licenses intended for transfer to the Government to verify compliance with certain terms and conditions,
as enumerated below. License agreements shall be provided to the Government Contracting Officer concurrent
with proposal submission to ensure compliance with the terms and conditions enumerated below. Alternatively,
for any commercial software licenses which are not reasonably identifiable concurrent with proposal submission,
such license shall be first pre-approved by the Government Contracting Officer prior to their incorporation into a
system deliverable to ensure compliance with the terms and conditions enumerated below. This obligation to
obtain pre-approval by the Government Contracting Officer, as described above, continues throughout contract
administration.
In view of the above, it should be understood that the Government will not accept nor execute a DD Form 250 for
the software deliverables under the present contract until the Contractor obtains agreement to the terms and
conditions enumerated below from any and all third party commercial software suppliers and/or vendors (i.e.,
Licensors) for which the Contractor has licensed software for incorporation into deliverables to the Government.
The terms and conditions required to permit any commercial software licenses to be transferred to the
Government (e.g., Government to become a Licensee) include the following:
1. Any license shall be perpetual in nature and may not be unilaterally terminated by the Licensor. All remedies
available shall be consistent with the Disputes Clause in the underlying basic contract.
2. The Licensee shall not be restricted from copying or embedding elements of accessible code into other
applications (e.g., nesting code, derivative works).
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3. By law, the U.S. Government cannot enter into any indemnification agreement where the Government's
liability is indefinite, indeterminate, unlimited and in violation of the Anti-Deficiency Act; therefore, any such
indemnification provision in this License shall be void.
4. The Licensor shall not use the fact that the Licensee is using the Licensor's products in any notification to the
public (e.g., no publicity rights permitted).
5. The Licensee is a Federal entity governed by Federal Statutes, Case Law, and Federal Regulations. Therefore,
the Licensor shall remove any references to binding the Licensee through any laws of any municipality, state, or
foreign country.
6. The Licensor shall not include any clauses indicating a right to enter the premise of Licensee for the purpose of
auditing the use of any license, as the Licensee cannot allow an auditor physical access to the Licensee's facility
due to security concerns. The Licensor may submit to the Licensee written notice indicating a substantiated belief
that the Licensee is not using the software within the terms described in the license and the Licensee may consider
conducting its own internal audit and providing a certified statement of its findings to the Licensor.
7. The Licensor shall not use any integration clauses.
8. The Licensor shall not use any injunctive relief clauses as the Licensor cannot prevent the Licensee from
performing mission operations.
9. The Contractor shall provide documentation to clearly correlate or map software license(s) to:
a) Contract Line Item Numbers (CLINS);
b) Contract Deliverables (CDRLS);
c) Paragraphs in the statement of work (SOW); and
d) Portions of any functional block diagrams and/or system architecture diagrams, so that it can be readily
determined where certain commercial software corresponding to certain software license agreement(s) are
physically located on the system to be delivered under the contract.
10. The Licensor shall not include any clauses in the license agreement that in any way restrict assignment to the
Government and/or restrict the Contractor from continuing as a licensee in said license agreement for the
beneficial use of said license agreement by the Government.
11. The license shall not comment on the entitlement to attorney fees in the event of a dispute.
12. The license shall not disclaim all warranties through use of an "as is" provision.
13. The license shall not create a contingent liability for the Government
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14. The license shall not restrict the Government from using the product at various sites nor use of the product by
various Government agencies or third parties performing work on behalf of the Air Force under the XYZ
Program. In performance of the XYZ Program, Government personnel as well as Government contractors may
use the software. Additionally, the software may be used at Government sites and Government contractor sites
and the sites may change over time. The software license shall be flexible to accommodate this situation.
15. The license shall not include non-substitution language that would preclude or limit the Government from
switching to another vendor/reseller and/or another product to fulfill XYZ Program requirements.
16. The Licensor shall include the following clause (and no other) for disputes: "Since the Licensee is a
Government entity, any dispute arising from or in connection with this agreement shall be subject to resolution in
accordance with the Disputes Clause included in the basic contract and/or the Government may also consider
resolving any disputes using an appropriate Alternate Dispute Resolution (ADR) remedy."
17. If the Licensor will not agree to the terms and conditions cited herein and/or as contained in DFARS 227.72,
the Contractor shall retain the current license on behalf of and for the benefit of the US Government.
18. Add the clause described below to all third party commercial software licenses intended to be transferred to
the Government:
"The Government agrees to the provisions of the present Software License, as set forth above, to the
extent that the provisions of the Software License are consistent with Federal procurement law(s) and
satisfies the Government's needs, as prescribed at least by the Department of Defense Federal Acquisition
Regulation Supplement (DFARS) section 227.7202-1. In the event that any of the provisions of the
present Software License are determined to be inconsistent with Federal procurement law(s) and/or do not
otherwise satisfy the Government's needs, the parties to the present Software License hereby agree to use
best efforts to revise said licenses."
H005 GENERAL SYSTEMS ENGINEERING AND INTEGRATION (GSE&I) (MAY 1997)
(TAILORED)
(a) The Electronic Systems Center (AFMC) has been assigned the responsibility for providing the necessary
management surveillance over this program. The Government has entered into a contract with the following
Federally Funded Research and Development Centers (FFRDC) to provide technical, contract management, cost
services and guidance to the Government program manager on matters pertaining to general systems engineering
and integration:
(1) The MITRE Corporation
(2) MIT Lincoln Labs
(3) The Aerospace Corporation, El Segundo, CA
(4) Software Engineering Institute, Pittsburgh, PA
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(b) Explanation of MITRE & MIT Lincoln Labs role.
(1) General Systems engineering and integration is defined as that portion of systems engineering dealing
with the overall integration of a system, design compromises among sub-systems, definition of inter and intrasystems interfaces, analysis of sub-systems and participation in system testing all to the extent required to assure
that system concept and objectives will be met on schedule and within costs.
(c) Explanation of Aerospace Corporation and SEI's role
(1) The Aerospace Corporation personnel will support FAB-T efforts with engineering expertise to ensure
interoperability between the FAB-T terminals and the Milstar and Advanced EHF spacecraft constellations.
Similarly, personnel from the Software Engineering Institute will provide expertise to review and comment on
methodologies and progress on software to be used in the FAB-T program.
(2) To support the FAB-T program, The Aerospace Corporation and Software Engineering Institute may
be required to review Contractor proposals and/or the progress of the Contractor's technical efforts and exchange
information on the various technical areas involved. The Contractor agrees to cooperate with Aerospace and
Software Engineering Institute by permitting them to have access to any and all reviews, meetings, etc.,
conducted by/for the Government.
(d) The FFRDCs has agreed not to engage in the manufacture or the production of hardware or software, to refrain
from disclosing proprietary information to unauthorized personnel, and not to compete with any profit seeking
concern.
(e) The Contractor agrees to cooperate with the FFRDCs listed in section (a) by engaging in technical discussions
with personnel, and providing their personnel access to information and data relating to technical matters
(including cost and schedule) concerning this contract to the same degree such access is accorded Government
project personnel.
(f) The Contractor agrees to cooperate with the FFRDCs listed in section (a) by permitting access to IR&D
reviews conducted for the Government.
Section K Clauses
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 DataNoncommercial 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.
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(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
Software to be Furnished
Basis for Assertion**
With Restrictions*
Asserted Rights
Category***
Name of Person Asserting
Restrictions****
*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.
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***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.
ESC--K001
USE OF NON-GOVERNMENT ADVISORS (SEP 2011)
(a) Offerors are advised that technical and cost/price data submitted to the government in response to this
solicitation may be released to non-government advisors for review and analysis. The non-government advisor
support will be provided by:
The MITRE Corporation,
Technology, Inc.,
Mantech International Corp.,
P3I, Inc.
Oasis Systems, Inc., Jacobs
Tecolote Research, Inc.,
ARINC
The Aerospace Corporation SEI
Linquest Corporation Oberon
MTS
(b) Offerors shall complete paragraph (b)(2) or provide written objection to disclosure as indicated in paragraph
(b)(1) if the offeror objects to disclosure of a portion of the proposal, the consent in (b)(2) should be provided for
the remainder of the proposal.
(1) Any objection to disclosure:
(i) Shall be provided in writing to the contracting officer within 10 days of RFP issuance; and
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(ii) Shall include a detailed statement of the basis for the objection. The detailed statement shall
identify the specific portions of the proposal the offeror objects to disclosure to non-government advisors.
(2) I understand technical and cost/price data submitted to the government in response to this solicitation
may be released to non-government advisors. I consent to release of any (unless objection is provided in (b)(1)
above) proprietary, confidential, or privileged commercial or financial data provided by the firm(s) named below
in response to this solicitation, to non-government advisors for review and analysis:
Firm:
Name (individual authorized to commit firm): Title:
Date of Execution:
FAR Clauses
52.203-7, Anti-Kickback Procedures (Oct 2010)
52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions
(Sep 2007)
52.203-16, Preventing Personal Conflicts of Interest (Dec 2011) (Applicable if your purchase orders/
subcontracts exceeds $150,000; and in which subcontractor employees will perform acquisition functions closely
associated with inherently governmental functions (i.e., instead of performance only by a self-employed
individual).)
52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Aug 2012)
52.209-5, Certification Regarding Responsibility Matters (Apr 2010)
52.209-6, Protecting the Government’s Interest When Subcontracting With Contractors Debarred,
Suspended, or Proposed for Debarment (Dec 2010)
52.215-23, Limitations on Pass-Through Charges (Oct 2009) and Alternate I (Oct 2009)
52.216-12, Cost-Sharing Contract--No Fee (Apr 1984) (Applicable if this is a cost-sharing – no fee purchase
order/subcontract. "Government" and "Contracting Officer" mean "Lockheed Martin.")
52.219-8, Utilization of Small Business Concerns (Jan 2011)
52.222-22, Previous Contracts and Compliance Reports (Feb 1999)
52.222-50, Combating Trafficking in Persons (Feb 2009) and Alternate I (Aug 2007)
52.222-54, Employment Eligibility Verification (Jul 2012)
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52.224-1, Privacy Act Notification (Apr 1984) (Applicable if you will be required to design, develop, or operate
a system of records on individuals required to accomplish an agency function.)
52.224-2, Privacy Act (Apr 1984) (Applicable if you will be required to design, develop, or operate such a
system of records.)
52.228-3, Workers’ Compensation Insurance (Defense Base Act) (Jul 2014) (Applicable if you will perform
work subject to the Defense Base Act 42 U.S.C. 1651 et seq.)
52.228-4, Workers' Compensation and War-Hazard Insurance Overseas (Apr 1984) (Applicable for all
purchase orders/subcontracts in which the Defense Base Act would apply but for the waiver.)
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.")
52.244-6, Subcontracts for Commercial Items (Dec 2010)
52.245-2, Government Property (Installation Operation Services) (Apr 2012) (Applicable if the purchase
order/subcontract is a service contract to be performed on a Government installation when Government furnished
property will be provided for initial provisioning only and the Government is not responsible for repair or
replacement.)
52.245-9, Use and Charges (Apr 2012) (Applicable for all purchase orders/subcontracts where FAR 52.245-1 is
inserted. Communications with the Government under this clause will be made through Lockheed Martin.)
DFARS Clauses
252.203-7004, Display of Fraud Hotline Poster(s) (Sep 2011)
252.204-7000, Disclosure of Information (Dec 1991) (Applicable for all purchase orders/subcontracts. In
paragraph (b), "Contracting Officer" means "Lockheed Martin" and "10 days" means "20 days.")
252.204-7008, Export-Controlled Items (Apr 2010) (Applicable for all purchase orders/subcontracts.)
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 (Jun 2011)
252.211-7007, Reporting of Government-Furnished Property (Aug 2012) (Applicable if Seller will be in
possession of Government property for the performance of this purchase order/subcontract.)
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252.215-7003, Excessive Pass-Through Charges – Identification of Subcontract Effort (May 2008) (This is a
solicitation clause only and only applicable for your response to Lockheed Martin’s request for quotation/proposal
and does not apply to your purchase order/subcontract itself.)
252.215-7004, Excessive Pass-Through Charges (May 2008) and Alternate I (May 2008) (Applicable unless
this purchase order/subcontract is a fixed price contract, including fixed-price purchase order/subcontracts with
economic price adjustment, awarded on the basis of adequate price competition. Communications with the
Contracting Officer under this clause shall be made through Lockheed Martin. In paragraph (e), the term
"Contracting Officer" includes Lockheed Martin. If the Contracting Officer determines excessive pass-through
charges are included in Seller's prices, Lockheed Martin shall make an adjustment to exclude such charges.)
252.219-7004, Small Business Subcontracting Plan (Test Program) (Jan 2011) (Applicable if Seller
participates in the DoD test program described in DFARS 219.702.)
252.222-7000, Restrictions on Employment of Personnel (Mar 2000) (Applicable for all purchase orders/
subcontracts.)
252.223-7006, Prohibition on Storage and Disposal of Toxic and Hazardous Materials (Apr 2010)
(Applicable if this purchase order/subcontract requires or may require, or permits Seller to treat or dispose of nonDoD-owned toxic or hazardous materials as defined in the clause. "Government" means "Lockheed Martin and
Government.")
252.223-7008, Prohibition of Hexavalent Chromium (May 2011)
252.225-7001, Buy American Act and Balance of Payments Program (Jun 2012)
252.225-7009, Restriction on Acquisition of Certain Articles Containing Specialty Metals (Jun 2012)
252.225-7012, Preference for Certain Domestic Commodities (Jun 2012)
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.)
252.225-7019, 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.)
252.225-7025, 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.)
252.225-7027, Restriction on Contingent Fees for Foreign Military Sales (Apr 2003) (Applicable for all
purchase orders/subcontracts. The reference to the clause in paragraph (a) means FAR 52.203-5. The blank in
paragraph (b)(1) is completed with "any Government." Subparagraph (b)(2) is deleted.)
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252.225-7028, Exclusionary Policies and Practices of Foreign Governments (Apr 2003) (Applicable for all
purchase orders/subcontracts.)
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.)
252.225-7038, Restriction on Acquisition of Air Circuit Breakers (Jun 2005) (Applicable if you will be
delivering air circuit breakers for naval vessels.)
252.225-7040, Contractor Personnel Authorized to Accompany U.S. Armed Forces Deployed Outside the
United States (Jul 2011) (Applicable 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.)
252.227-7013, Rights in Technical Data -- Noncommercial Items (Feb 2012) and Alternate I (Jun 1995)
252.227-7014, Rights in Noncommercial Computer Software and Noncommercial Computer Software
Documentation (Feb 2012)
252.227-7015, Technical Data -- Commercial Items (Dec 2011)
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.)
252.227-7025, Limitations on the Use or Disclosure of Government-Furnished Information Marked with
Restrictive Legends (Mar 2011)
252.227-7037, Validation of Restrictive Markings on Technical Data (Jun 2012)
252.228-7001, Ground and Flight Risk (Jun 2010) (Applicable for all purchase orders/subcontracts. In
paragraph (a)(1)(i) "this contract" means "the prime contract." The following is added at the beginning of the
clause: "Communications between Seller and the Government shall be made through Lockheed Martin. Any
equitable adjustment provided for this clause shall be implemented in this contract to the extent such adjustment is
implemented in the prime contract." Subparagraphs (d)(2)(ii), (d)(3)(ii) and the last sentence of subparagraph
(j)(2) are deleted.)
252.239-7016, Telecommunications Security Equipment Devices, Techniques, and Services (Dec 1991)
(Applicable if your purchase order/subcontract requires securing telecommunications.)
252.244-7000, Subcontracts for Commercial Items and Commercial Components (Jun 2012)
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252.246-7001, Warranty of Data (Dec 1991) (“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.")
252.246-7003, Notification of Potential Safety Issues (Jan 2007)
252.247-7023, Transportation of Supplies by Sea (May 2002)
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