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Full Text Clauses
H029 IMPLEMENTATION OF DISCLOSURE OF INFORMATION (OCT 1997)
(TAILORED) (Applicable if DFARS 252.204-7000 is applicable to your purchase order/
subcontract. Communication under this clause will be made through Lockheed Martin.)
In order to comply with DFARS 252.204-7000, Disclosure of Information, the following copies
of the information to be released are required at least 45 days prior to the scheduled release date:
(a) 1 copy to:
(b) 1 copy to:
(c) 1 copy to:
Office of Public Affairs, SMC/PAR
483 North Aviation Blvd
Los Angeles AFB (El Segundo), CA 90245-9008
Contracting Officer, SMC SLG/PK
1050 E. Stewart Ave
Peterson AFB, CO 80914
719-556-1522
Program Manager, GPSW/OSN
Program Manager
719-576-7264.
H063 CONTRACTOR IDENTIFICATION (FEB 2003) (TAILORED) (Applicable to 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 SMC 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.
H102 EXPORT CONTROLLED DATA RESTRICTIONS (JUN 2010) (Applicable to all
purchase orders/subcontracts. "Contracting Officer" means "Lockheed Martin.")
(a) For the purpose of this clause,
(1) Foreign Person is any person who is not a citizen or national of the US or lawfully admitted to
the US for permanent residence under the immigration and Nationality Act and includes foreign
corporations, international organizations, and foreign governments.
(2) Foreign representatives is anyone regardless of nationality or citizenship, acting as an agent,
representative, official, or employee of a foreign government, a foreign-owned or influenced firm,
corporation or person;
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(3) Foreign sources are those sources (vendors, subcontractors, and supplies) owned and
controlled by a foreign person
(b) The contractor shall place a clause in subcontracts containing appropriate export controlled
restrictions set forth in this clause.
(c) Nothing in this clause waives any requirement imposed by any other U.S. Government agency
with respect to employment of foreign national or export controlled data and information.
(d) Equipment and technical data generated or delivered under this contract are controlled by the
International Traffic in Arms Regulation (ITAR), 22 CFR Section 121 through 128. An export
license is required before assigning any foreign source to perform work under this contract or
before granting access to foreign person to any equipment and technical data generated or
delivered during performance (see 22 CFR Section 125). The contractor shall obtain written
approval of the Procuring Contracting Officer prior to assigning or granting access to any work,
equipment, or technical data generated or delivered under this contract to foreign persons or their
representatives. The notification shall include the name and country of origin of the foreign
person or representative, the specific work, equipment, or data to which the person will have
access, and whether the foreign person is cleared to have access to technical data (DoD 5220.22M, National Industrial Security Program Operating Manual (NISPOM)).
H106 BASE SUPPORT (JUN 2010) (Applicable to all purchase orders/subcontracts where
work is performed on site at Air Force installations.).
(a) Purpose. The purpose of this clause is to describe the conditions under which the Government
will provide base support to the contractor during the contractor's performance of this contract.
(b) Definitions. For purposes of this clause,
"Base support" is defined as Government Property located at Government-controlled facilities. It
includes, but is not limited to, working space, office supplies, equipment, information technology,
and related services (excluding use of the Defense Switched Network (DSN)) which the
Government determines can be made available at, or through, any Air Force installation where
this contract shall be performed. A detailed list of base support to be provided at each Air Force
installation by specific dates is contained in Attachment 2 "List of Government Furnished
Property and Information and Base Support List, Attachment 9 "Base Support Agreement", and
Attachment 10 PRD to this contract.
"Information technology" (IT) is defined in FAR 2.101, "Definitions".
"Office supplies" is defined as pens, pencils, paper, paper clips, binder clips, and similar items.
(c) Requirement. The Government shall provide base support to the contractor in accordance with
Attachment 2 of this contract. Unless otherwise stated in this contract, such base support shall be
provided by the Government on a rent-free basis and the value of that support shall be a part of
the consideration passing from the Government to the contractor under this contract. The
contractor shall manage such base support in accordance with the Government Property clauses
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of this contract. If the Government fails to provide base support by the dates required, the
contractor may be entitled to an equitable adjustment in accordance with the Government
Property clauses of this contract. If the contractor fails to comply with the requirements of this
clause, the Government shall be released from any obligation to provide base support by the dates
required. The contractor agrees that in the performance of this contract or any major subcontract,
it will not incur any direct or indirect costs for base support if the Government determines that
property is available at or through any Air Force installation where this contract shall be
performed.
(d) Exceptions. The contractor is authorized to procure the following items of base support during
the performance of this contract only if it has received prior written approval from the
Contracting Officer regarding the price, terms, and conditions of the proposed acquisition of such
items.
(1) Lease of commercial facilities. If the Government determines that it is not able to provide
sufficient base support at Shriever AFB, the contractor is authorized to lease commercial facilities
in the Colorado Springs, CO area. If such facilities are used exclusively in performance of this
contract, the cost of such leases shall be a direct charge to this contract. If such facilities are used
in the performance of more than one contract, the costs of such lease payments shall be allocable
to this contract as an indirect cost consistent with FAR 31.201-4 and 48 CFR 9904.402. In any
event, such costs shall be allowable to the extent permitted by FAR 31.205-11,
"Depreciation" or 31.205-36, "Rental Costs," depending upon whether the lease(s) is(are) a
capital lease or an operating lease.
(2) Acquisition of office supplies and IT for Satellite Launch Operations and On-Orbit Flight
Operations field sites. If the Government determines that it is not able to provide sufficient office
supplies or information technology as base support at Satellite Launch Operations and On-Orbit
Flight Operations field sites, the contractor is authorized to purchase such items for use at those
locations to perform this contract. The parties agree that the cost of such items shall be allocable
as a direct cost to this contract and that such costs shall be presumptively unreasonable unless the
contractor has purchased such office supplies and information technology via GSA Federal
Supply Schedules pursuant to FAR 52.251-1 "Government Supply Sources," and
DFARS 252.251-7000 "Ordering From Government Supply Sources". Use of corporate
agreements provided cost is considered the same or less than GSA.
(e) The contractor agrees to immediately report (with a copy to the cognizant CAO) inadequacies,
defective Government-Furnished Property (GFP), or nonavailability of support stipulated by the
contract schedule, together with a recommended plan for obtaining the required support. The
Government agrees to determine (within 10 workdays) the validity and extent of the involved
requirement and the method by which it shall be fulfilled (e.g., purchase, rental, lease, GFP, etc.).
Facilities shall not be purchased under this SCR. Additionally, the contractor (or authorized
representative) shall not purchase, or otherwise furnish any base support requirement provided by
the SCR (or authorize others to do so), without prior written approval of the Contracting Officer
regarding the price, terms, and conditions of the proposed purchase, or approval of other
arrangements.
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SMC--H009 ENABLING CLAUSE FOR GENERAL SYSTEM ENGINEERING AND
INTEGRATION (GSE&I) (AEROSPACE CORP) (SEP 2005) (Applicable for all purchase
orders/subcontracts.)
(a) Definition. As used in this clause, "Cost data" is defined as information associated with the
programmatic elements or life cycle (concept, development, production, operations, and
retirement) of the system/program. As defined, cost data differs from "financial" data, which is
defined as information associated with the internal workings of a company or contractor that is
not specific to a project or program.
(b) This contract covers the GPS Block IIR On-Orbit Sustainment program, which is under the
general program management of the Air Force Space and Missile Systems Center at Los Angeles
Air Force Base. The Air Force has entered into a contract with The Aerospace Corporation for the
services of a technical group, which will support the DoD program office by performing General
Systems Engineering and Integration (GSE&I).
(c) GSE&I deals with overall system definition, integration both within the system and with
associated systems, analysis of system segment and subsystem design, design compromises and
tradeoffs, definition of interfaces, review of hardware and software, including manufacturing and
quality control, observation, review and evaluation of tests and test data, support of launch, flight
test, and orbital operations, appraisal of the contractor's technical performance through meetings
with contractors and subcontractors, exchange and analysis of information on progress and
problems, review of plans for future work, developing solutions to problems, technical
alternatives for reduced program risk, providing comments and recommendations in writing to
the DoD System Program Manager and Project Officer as an independent technical assessment
for consideration for modifying the program or redirecting the contractor's efforts, all to the
extent necessary to assure timely and economical accomplishment of program objectives
consistent with mission requirements.
(d) In the performance of this contract, the contractor agrees to cooperate with The Aerospace
Corporation by responding to invitations from authorized personnel to attend meetings, providing
access to technical information and research, development planning data such as, but not limited
to, design and development analyses, test data and results, equipment and process specifications,
test and test equipment specifications and procedures, parts and quality control procedures,
records and data, manufacturing and assembly procedures, and schedule and milestone data, all in
their original form or reproduced form and including cost data, by delivering data as specified in
the Contract Data Requirements List, by discussing technical matters relating to this program, by
providing access to contractor facilities utilized in the performance of this contract, and by
allowing observation of technical activities by appropriate Aerospace Technical Personnel. The
Aerospace personnel engaged in GSE&I effort are authorized access to any technical information
pertaining to this contract and are bound by Aerospace's Non-Disclosure Agreement (NDA) with
the Government to protect the information they receive. Other than those data items delivered to
the Government with “Unlimited Rights” as shown in Attachment 12 of the contract, Aerospace
shall not use, modify, reproduce, release, perform, display or disclose the information they
receive on any other program without the written consent of both the Contractor and the GPSW.
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(e) The contractor further agrees to include in each subcontract a clause requiring compliance by
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 its responsibility to manage the subcontracts effectively and efficiently nor is it
intended to establish privity of contract between the Government or The Aerospace Corporation
and such subcontractors.
(f) The Aerospace Corporation personnel are not authorized to direct the contractor in any
manner. The contractor agrees to accept technical direction as follows:
(1) Technical direction under this contract will be given to the contractor solely by the Procuring
Contracting Officer.
(2) Whenever it becomes necessary to modify the contract and redirect the effort, a Change Order
signed by the Procuring Contracting Officer or a Supplemental Agreement signed by both the
Procuring Contracting Officer and the contractor will be issued.
(g) Notwithstanding language contained elsewhere in this contract, contractor and its
subcontractors shall not be obligated to disclose proprietary financial information to any nonGovernment entities providing services to the Government during the proposal or contract
execution and management phases of this activity.
SMC--H010 ENABLING CLAUSE FOR GOVERNMENT TECHNICAL GROUP (JUN
2007) (Applicable for all purchase orders/subcontracts.)
(a) Definition. As used in this clause, "Cost data" is defined as information associated with the
programmatic elements or life cycle (concept, development, production, operations, and
retirement) of the system/program. As defined, cost data differs from "financial" data, which is
defined as information associated with the internal workings of a company or contractor that is
not specific to a project or program.
(b)This contract covers the GPS Block IIR On-Orbit Sustainment effort under the overall
program management of the Air Force Space and Missile Systems Center at Los Angeles Air
Force Base. The Air Force has entered into a contract with The Aerospace Corporation, Tecolote,
ARINC, Odyssey, and Delta for the services of a technical group which will support the DoD
program office by performing General Systems Engineering and Integration(GSE&I) and
Technical Reviews. This clause also covers the subcontractors of these companies.
(c) GSE&I deals with overall system definition, integration both within the system and with
associated systems, review of analysis definition and requirement allocation, analysis of system,
segment, and subsystem design, design compromises and tradeoffs, definition of interfaces,
review of hardware and software, including manufacturing and quality control, observation,
review and evaluation of tests and test data, support of launch, flight test, and orbital operations,
appraisal of the contractors' technical performance through meetings with contractors and
subcontractors, exchange and analysis of information on progress and problems, review of plans
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for future work, developing solutions to problems, technical alternatives for reduced program
risk, providing comments and recommendations in writing to the DoD System Program Manager
and Project Officer as an independent technical assessment for consideration for modifying the
program or redirecting the contractor's efforts, all to the extent necessary to assure timely and
economical accomplishment of program objectives consistent with mission requirements.
Technical Review includes the process of appraising the technical performance of the contractor
through meetings, exchanging information on progress and problems, reviewing reports,
evaluating presentations, reviewing hardware and software, witnessing and evaluating tests,
analyzing plans for future work, evaluating efforts relative to contract technical objectives, and
providing comments and recommendations in writing to the Air Force Program Manager as an
independent technical assessment for consideration for modifying the program or redirecting the
contractor's efforts to assure timely and economical accomplishment of program objectives.
Technical Support (TS) deals with broad areas of specialized needs of customers for planning,
system architecting, research and development, horizontal engineering, or analytical activities for
which the Aerospace FFRDC is uniquely qualified by virtue of its specially qualified personnel,
facilities, or corporate memory. The categories of TS tasks are: Selected Research, Development,
Test and Evaluation, Plans and System Architecture, Multi-Program Systems Enhancement,
International Technology Assessment, and Acquisition Support.
(d) In the performance of this contract, the contractor agrees to cooperate by responding to
invitations from authorized personnel to attend meetings, by providing access to technical
information and research, development planning data such as, but not limited to, design and
development analyses, test data and results, equipment and process specifications, test and test
equipment specifications and procedures, parts and quality control procedures, records and data,
manufacturing and assembly procedures, and schedule and milestone data, all in their original
form or reproduced form and excluding financial data, by delivering data as specified in the
Contract Data Requirements List, by discussing technical matters relating to this program, by
providing access to contractor facilities utilized in the performance of this contract, and by
allowing observation of technical activities by appropriate technical personnel. The personnel
engaged in general systems engineering, technical reviews, and integration effort are authorized
access to any technical information pertaining to this contract and are bound by their respective
Non-Disclosure Agreements (NDAs) with the Government to protect the information they
receive. Additionally, other than those data items delivered to the Government with “Unlimited
Rights” as shown in Attachment 12 of the contract, all contractors and subcontractors performing
under the provisions of this clause shall not use, modify, reproduce, release, perform, display or
disclose the information they receive on any other program without the written consent of both
the Contractor and the GPSW.
(e) The contractor further agrees to include in each subcontract a clause requiring compliance by
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 its responsibility to manage the subcontracts effectively and efficiently nor is it
intended to establish privity of contract between the Government or its technical advisors and
such subcontractors.
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(f) In the performance of this contract, the contractor agrees to provide Tecolote access to the
contract deliverable cost data of the program. Notwithstanding language contained elsewhere in
this contract, contractor and its subcontractors shall not be obligated to disclose proprietary
financial information to any non-Government entities providing services to the Government
during the proposal or contract execution and management phases of this activity.
(g) The technical personnel are not authorized to direct the contractor in any manner. The
contractor agrees to accept technical direction as follows:
(1) Technical direction under this contract will be given to the contractor solely by the Procuring
Contracting Officer.
(2) Whenever it becomes necessary to modify the contract and redirect the effort, a Change Order
signed by the Procuring Contracting Officer or a Supplemental Agreement signed by both the
Procuring Contracting Officer and the contractor will be issued.
SMC--H042 DEFINITION OF EQUIVALENT LABOR HOUR (JUN 2010) (Applicable
to purchase orders/subcontracts for Special Studies, Quick Reaction Support, and Anomaly
Support.)
A 'equivalent labor hour' is hereby defined as a unit of effort with a corresponding dollar
inclusive of all costs associated with Contractor and subcontractor technical, engineering,
management and administrative labor, material, travel, Other Direct Costs, and applicable indirect
costs.
SMC--H093 BASE ENTRY REQUIREMENTS (MAY 2010) (Applicable if you will need
to go on a base as described under this clause in supporting this purchase order/subcontract.)
General: The Contractor and all employees as well as subcontractors and their employees, shall
abide by the current rules and regulations of Schriever Air Force Base, Peterson Air Force Base
and Cape Canaveral AFB, such base regulations may be reviewed at the Security Police Offices.
Anyone found to be in violation of such rules and regulations may be removed and barred from
further entry by the Base Commander.
Base Entry Procedures: The following procedures will apply when requiring access to Schriever
Air Force Base, Peterson Air Force Base and Cape Canaveral AFB, Florida:
(1) Base entry passes will be issued by the Pass and Registration Office for long and short term
contracts. The office is located at the visitors center at Schriever Air Force Base, Peterson Air
Force Base and Cape Canaveral AFB. The contractor will prepare a letter containing the
information listed in AFFARS 5352.242-9000 in Section I and submit to the Contracting Officer.
(2) Contractors with 10 or less employees will list the names and social security numbers of each
employee on the letter. Contractors with more than 10 employees and a contract lasting in excess
of 6 months will list a primary and alternate individual to monitor issuance of visitor/vehicle
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passes (AF Form 75) and their company. These monitors will be instructed on issue and control
procedures by the Pass and Registration Office.
(3) Questions on base entry procedures should be referred to the Contracting Officer for
appropriate Point of Contact.
SMC--H100 CONTRACT HOLIDAYS (JUN 2010) (Applicable for all purchase orders/
subcontracts.)
(a) The prices/costs in Section B of the contract include holiday observances; accordingly, the
Government will not be billed for such holidays, except when services are required by the
Government and are actually performed on a holiday.
(b) The following days are contract holidays:
New Year's Day
Birthday of Martin Luther King, Jr.
Washington's Birthday
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran's Day
Thanksgiving Day
Christmas Day
SMC--H101 CONTRACT PROBLEM IDENTIFICATION REPORTS (JUN 2010)
(Applicable for all purchase orders/subcontracts.)
(a) Contract Problem Identification Reports shall be used by the Contractor for the purposes of
alerting the Government to actual or potential contract problems and establishing an early
dialogue between the Contractor and the Government with regard thereto.
(b) A 'contract problem' is a fact or circumstance of which the Contractor is aware that does, will
or reasonably is anticipated to have a significant or substantial impact on the delivery schedule or
completion of contract performance or the cost of performance of the contract (increase or
decrease). The terms 'significant' and 'substantial' shall be interpreted in the same manner as they
would be interpreted by a reasonably prudent business person under the relevant circumstances.
(c) The Contractor shall report each contract problem promptly and in no event later than 10
calendar days after the Contractor identifies such contract problem. A written CPIR shall be
transmitted to the Contracting Officer with a copy to the GPS Program Manager and the ACO.
Each CPIR shall be entitled 'Contract Problem Identification Report', shall be dated numbered
sequentially and shall set forth the following based on the best and most complete information
then known or available to the Contractor:
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(1) The nature of the contract problem;
(2) The date on which the contract problem arose and the date on which the contract problem was
identified as such;
(3) The anticipated direct and consequential effects of the contract problem upon the delivery
schedule or completion of contract performance or the cost of performance of the contract;
(4) Identification of the supplies, services, or both supplies and services which are or may be
affected; and
(5) The Contractor's recommended solution to the reported contract problem.
(d) Follow-up status reports of each contract problem identified by the original CPIR number,
shall be furnished monthly or more frequently as required by the Contracting Officer. A final
follow-up report shall be furnished immediately following resolution of each contract problem.
(e) CPIRs shall not be submitted when notice of the same contract problem is required to be
furnished to the Government pursuant to any other requirement of this contract. The submission
of a CPIR, however, does not relieve the Contractor of its obligation to provide notice required
under any other requirement of this contract.
SMC--H102 SUBMISSION OF REQUESTS FOR EQUITABLE ADJUSTMENT AND
CLAIMS (FEB 2009) (Pursuant to DFARS 252.243-7002 this clause is applicable to purchase
orders/subcontracts that exceed $150,000. "Government" means "Lockheed Martin.")
(a) Purpose. The purpose of this clause is to specify the requisite content of any Requests for
Equitable Adjustment (REA) the contractor may choose to submit to the Government pursuant to
DFARS 252.243-7002, "Requests for Equitable Adjustment" or any claims the contractor may
choose to submit to the Government pursuant to FAR 52.233-1, "Disputes" under this contract.
(b) Background. The Government acknowledges its responsibility to carefully analyze all REAs
and claims submitted to it by a contractor and resolve those matters in a timely manner
irrespective of their quality. A properly documented REA or claim makes it easier for the
Government to complete its analysis regarding whether entitlement and quantum exist so that the
parties may then, if entitlement and quantum exist, arrive at a negotiated settlement of those
REAs or claims with the contractor. The Government desires to promptly negotiate REAs and
claims so that, if entitlement and quantum exist, they can be resolved via bilateral modification so
that the contractor can get paid what it is entitled to receive under the contract.
(c) Definitions. For purposes of this clause, "Change" is defined as (1) an action taken pursuant
to a written order designated as a "change order" issued by the Contracting Officer, (2) any act or
omission to act on the part of the Government in respect of which a request is made for equitable
adjustment under FAR 52.243-2, "Changes (Cost-Reimbursement)", FAR 52.245-1,
"Government Property (Deviation)", FAR 52.242-15 "Stop Work Order" or any other remedygranting clause of this contract, or (3) a breach of this contract.
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(d) Procedures. Whenever the contractor submits an REA or claim of $100,000 or more to the
Government with respect to a change the contractor believes the Government made under this
contract, the REA or claim shall include all of the information required below for each individual
item or element of the REA or claim in the following format:
(1) Chronology of Events. A detailed chronology of relevant events with cross-references to
supporting documentation. (The supporting documentation shall be physically appended to the
REA or claim. For further details, see DFARS Appendix A, Rule 4(a,c).) The chronology of
events shall include:
(i) A description
(A) of the work required by the contract before the change, which has been deleted by the change,
and
(B) of the work deleted by the change which already has been completed. The description shall
include a list of identifiable components, equipment, and other identifiable property involved, and
the status of manufacture, procurement, or installation of such property. Separate description is
to be furnished for design and production work. Items of identifiable raw material, purchased
parts, components and other identifiable hardware, which are made excess by the change and
which are not to be retained by the contractor, shall be listed for later disposition;
(ii) Description of work necessary to undo work already completed which has been deleted by
the change;
(iii) Description of work which is substituted or added by the change. A list of identifiable
components and equipment (not bulk materials or items) involved should be included. Separate
descriptions are to be furnished for design work and production work;
(iv) If the contractor is alleging that any change caused it to experience delay, disruption, or
inefficiency, a:
(A) Description of interference and inefficiencies in performing the change, and
(B) Description of disruption attributable solely to the change; which description shall include
the following information:
(i) Description of each identifiable element of disruption and how work has been, or may be,
disrupted;
(ii) The calendar period of time during which disruption occurred, or may occur;
(iii) Area(s) of the contractor's operations where disruption occurred, or may occur;
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(iv) Labor category(ies) or functions disrupted, with a breakdown of man hours and material for
each labor category or function;
(v) Scheduling of labor category(ies) before, during, and after period of disruption insofar as
such scheduling may relate to or be affected by the estimated disruption;
(vi) Description of any measures taken to lessen the disruptive effect of the change; and
(C) Delay in delivery attributable solely to the change. The supporting documentation the
contractor shall provide to demonstrate (i)-(vi) above shall include an as-planned critical path
method (CPM) network analysis issued by the contractor on the date of contract award, and the
most current as-built CPM network analysis created by the contractor during performance of this
contract that includes all events that have occurred during contract performance, all extensions to
the delivery schedule (both unilateral and bilateral), and all Government-and contractor-caused
delays. The contractor may submit a copy of its Integrated Master Schedules along with its REA
or claim as long as those documents contain the information described in this subsection;
(v) Other work or increased costs attributable to the change; and
(vi) A narrative statement of the nature of the alleged Government act or omission, when the
alleged Government act or omission occurred, and the causal relationship between the alleged
Government act or omission and the claimed consequences thereof, cross-referenced to the
detailed information provided as required above. With respect to any alleged Government act or
omission, the contractor shall identify the name and title of the Government employee that
allegedly committed that act or failed to act, and in the case of the former the date that act
allegedly occurred.
(2) Analysis. The analysis shall include:
(i) A "drill-down" of relevant contract requirements sufficient for the Government to clearly
understand the contractor's interpretation of those requirements as follows:
From the CLIN under which the contractor alleges the change occurred, to the relevant
paragraphs of the contractor's Statement of Work (Attachment 1) that invoke the relevant
compliance document listed in Attachment 1 (Compliance Documents), to the applicable
paragraphs/sections in those relevant compliance documents(s), to the specific first-tier military
specification, industry standard or other document, to the specific second-tier military
specification, industry standard or other documents; to the nth-tier military specification, industry
standard or other document a specific sentence fragment (or fragments) of which contains the
relevant contract requirement(s) at issue. Use of direct quotations from applicable
paragraphs/sections of those documents (vice paraphrasing) is encouraged.
(ii) Identification of the remedy-granting clause(s) or other legal theory upon which the
contractor's REA or claim is based. The contractor shall describe in detail why the facts
described in response to subsection (d)(1) of this clause demonstrate that every single element of
that/those causes of action upon which its legal theory(ies) are based have been satisfied with
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citations to pertinent statutes, regulations and relevant decisions issued by the Armed Services
Board of Contract Appeals, U.S. Court of Federal Claims, and U.S. Court of Appeals for the
Federal Circuit.
(3) Damages.
(i) Each REA or claim submitted in accordance with this requirement shall include a copy of the
contractor's labor budget at the cost level in effect as of the date the event began, the cost incurred
at the cost level as of the same date, and the proposed effect of the change at the cost class level.
(ii) As required by DFARS 252.243-7002, each REA or claim submitted under any requirement
of this contract, in an amount which requires certified cost or pricing data, shall contain such cost
or pricing data as the Contracting Officer shall require with respect to each individual claim item,
and shall be in sufficient detail to permit the Contracting Officer to cross-reference the claimed
increased costs, or delay in delivery, or both, as appropriate, with the information submitted
pursuant to subsection (d) hereof.
(iii) Since FAR 31.201-3(a) states that actual costs incurred are not presumed to be reasonable,
the contractor shall explain why all costs it expended as a consequence of a change are those that
would have been incurred by a reasonably prudent person in the conduct of competitive business.
(e) The Government recognizes that individual REAs or claims may not necessitate inclusion of
all of the information required by subsection (d) above, or that the contractor may not reasonably
be able to furnish complete information on all of the items described in that subsection as of the
date it submits its REA or claim to the Government. Accordingly, the contractor is only required
to set forth in its REA or claim with respect to those items described in that subsection which are
relevant to the individual REA or claim for equitable adjustment, or in the level of detail which is
reasonably available to the contractor as of the date it first submitted its REA or claim to the
Government.
SMC--H103 REGISTRATION WITH U.S./CANADA JOINT CERTIFICATION
PROGRAM (JUN 2010) (Applicable for all subcontractors who may have access during
performance of this purchase order/subcontract to export controlled technical data.)
The contractor, teammates, and all subcontractors who may have access during performance of
the contract to export controlled technical data shall register with the U.S./Canada Joint
Certification Program at www.dlis.dla.mil/ccal to establish eligibility to obtain access to export
controlled technical data governed by DoD Directive 5230.25 that discloses military critical
technology with military or space applications.
SMC--I002
NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL
LABOR RELATIONS ACT (Deviation 2010-O0013) (JUN 2010) (Applicable to all purchase
orders/subcontracts in excess of $10,000 that will be performed wholly or partially in the United
States, unless exempt by the rules, regulations, or orders of the Secretary of Labor.)
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52.222-99 - NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR
RELATIONS ACT (DEVIATION 2010-O0013) (JUN 2010)
(a) During the term of this contract, the Contractor shall post a notice, of such size and in such
form, and containing such content as prescribed by the Secretary of Labor, in conspicuous places
in and about its plants and offices where employees covered by the National Labor Relations Act
engage in activities relating to the performance of the contract, including all places where notices
to employees are customarily posted both physically and electronically, in the languages
employees speak, in accordance with 29 CFR 471.2 (d) and (f).
(1) Physical posting of the employee notice shall be in conspicuous places in and about the
Contractor’s plants and offices so that the notice is prominent and readily seen by employees who
are covered by the National Labor Relation Act and engage in activities related to the
performance of the contract.
(2) If the Contractor customarily posts notices to employees electronically, then the Contractor
shall also post the required notice electronically by displaying prominently, on any website that is
maintained by the Contractor and is customarily used for notices to employees about terms and
conditions of employment, a link to the Department of Labor’s website that contains the full text
of the poster. The link to the Department's website, as referenced in (b)(3) of this section, must
read, “Important Notice about Employee Rights to Organize and Bargain Collectively with Their
Employers.”
(b) This required notice, printed by the Department of Labor, may be(1) Obtained from the Division of Interpretations and Standards, Office of Labor-Management
Standards, U.S. Department of Labor, 200 Constitution Avenue, NW, Room N-5609,
Washington, DC 20210, (202) 693-0123, or from any field office of the Office of LaborManagement Standards or Office of Federal Contract Compliance Programs;
(2) Provided by the Federal contracting agency, if requested
(3) Downloaded from the Office of Labor-Management Standards web site at
www.do1.gov/olms/regs/compliance/EO13496; or
(4) Reproduced and used [as] exact duplicate copies of the Department of Labor’s official poster.
(c) The required text of the Employee Notification referred to in this clause is located at
Appendix A, Subpart A, 29 CFR part 471.
(d) The Contractor shall comply with all provisions of the Employee Notice and related rules,
regulations, and orders of the Secretary of Labor.
(e) In the event that the Contractor does not comply with the requirements set forth in paragraphs
(a) through (d) of this clause, this contract may be terminated or suspended in whole or in part,
and the Contractor may be suspended or debarred in accordance with 29 CFR 471.14 and FAR
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Subpart 9.4. Such other sanctions or remedies may be imposed as are provided by 29 CFR Part
471, which implements E.O. 13496 or as otherwise provided by law.
(f) Subcontracts.
(1) The Contractor shall include the substance of this clause, including this paragraph (f), in every
subcontract that exceeds $10,000 and will be performed wholly or partially in the United States,
unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to
section 3 of Executive Order 13496 of January 30, 2009, so that such provisions will be binding
upon each subcontractor.
(2) The Contractor shall not procure supplies or services in a way designed to avoid the
applicability of Executive Order 13496 or this clause.
(3) The Contractor shall take such action with respect to any such subcontract as may be directed
by the Secretary of Labor as a means of enforcing such provisions, including the imposition of
sanctions for non compliance.
(4) However, if the Contractor becomes involved in litigation with a subcontractor, or is
threatened with such involvement, as a result of such direction, the Contractor may request the
United States, through the Secretary of Labor, to enter into such litigation to protect the interests
of the United States.
FAR Clauses
52.203-7, Anti-Kickback Procedures (Jul 1995) – This clause is already called out in Corpdocs,
but the July 1995 version applies.
52.203-12, Limitation on Payments to Influence Certain Federal Transactions (Sep 2007) –
This clause is already called out in Corpdocs, but it should be replaced with the September 2007
version.
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.
52.209-6, 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.
52.215-2, Audit and Records -- Negotiation (Mar 2009) – This clause is already called out in
Corpdocs, but it should be replaced with the March 2009 version.
52.215-10, Price Reduction for Defective Cost or Pricing Data (Oct 1997) – This clause is
already called out in Corpdocs, but it should be replaced with the October 1997 version.
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52.215-12, Subcontractor Cost or Pricing Data (Oct 1997) – This clause is already called out
in Corpdocs, but it should be replaced with the October 1997 version.
52.215-14, Integrity of Unit Prices (Oct 1997) – This clause is already called out in Corpdocs,
but it should be replaced with the October 1997 version.
52.215-15, Pension Adjustments and Asset Reversions (Oct 2004) – This clause is already
called out in Corpdocs, but it should be replaced with the October 2004 version.
52.219-9, Small Business Subcontracting Plan (Oct 2001) – This clause is already called out in
Corpdocs, but it should be replaced with the October 2001 version.
52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era,
and Other Eligible Veterans (Sep 2006) – This clause is already called out in Corpdocs, but it
should be replaced with the September 2006 version.
52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) – This clause is
already called out in Corpdocs, but it should be replaced with the June 1998 version.
52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam
Era, and Other Eligible Veterans (Sep 2006) – This clause is already called out in Corpdocs,
but it should be replaced with the September 2006 version.
52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (Applicable if you
will be providing energy consuming products which will be delivered to the Government, or the
energy consuming products are acquired by you for use in performing services at a Federallycontrolled facility; furnished under the prime contract for use by the Government; or specified in
the design of a building or work, or incorporated during its construction, renovation, or
maintenance.)
52.230-2, Cost Accounting Standards (Oct 2008) – This clause is already called out in
Corpdocs, but it should be replaced with the October 2008 version.
52.232-17, Interest (Oct 2008) (Applicable if your purchase order/subcontract contains any
clauses which refers to an Interest clause, “Government” means “Lockheed Martin”)
52.239-1, Privacy or Security Safeguards (Aug 1996) (Applicable if your purchase order/
subcontract is for information technology which require security of information technology,
and/or are for the design, development, or operation of a system of records using commercial
information technology services or support services.)
52.243-2, Changes—Cost-Reimbursement (Aug 1987) and Alternate II (Apr 1984) – The
basic clause is already called out in Corpdocs, but Alternate II also applies to you if your
purchase order/subcontract is cost reimbursement and is for services and supplies. ("Contracting
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Officer" and "Government" mean "Lockheed Martin." In paragraph (a) add as subparagraph (4)
"Delivery schedule." In paragraph (d) the reference to the disputes clause is deleted.)
52.244-6, Subcontracts for Commercial Items (Apr 2010) – This clause is already called out in
Corpdocs, but it should be replaced with the April 2010 version.
52.248-1, Value Engineering (Feb 2000) – This clause is already called out in Corpdocs, but it
should be replaced with the February 2000 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) (This is a solicitation clause and is applicable for all request for quotations/request for
proposals (RFQ/RFP).)
252.211-7000, Acquisition Streamlining (Dec 1991) – This clause is already called out in
Corpdocs, but it should be replaced with the December 1991 version.
252.219-7004, Small Business Subcontracting Plan (Test Program) (Aug 2008) (Applicable if
you are part of the Government’s test program under this clause, in which case this clause applies
and FAR 52.219-9 and DFARS 252.219-7003 are replaced by this clause.)
252.215-7004, Excessive Pass-Through Charges (May 2008) (Applicable unless this purchase
order/subcontract is a fixed price contract, including fixed-price subcontracts with economic price
adjustment, awarded on the basis of adequate price competition. Note 5 applies. In paragraph (e)
Note 6 applies. If the Contracting Officer determines excessive passthrough charges are included
in Seller's prices, LOCKHEED MARTIN shall make an adjustment to this contract to exclude
such charges.)
252.222-7006, Restrictions on the Use of Mandatory Arbitration Agreements (May 2010)
(Applicable to purchase orders/subcontracts that exceed $1,000,000 that will be funded in whole
or part with Fiscal Year 2010 appropriated funds. The certification in paragraph (b)(2) applies to
both Seller in its own capacity and to Seller's covered subcontractors.)
252.225-7006, Quarterly Reporting of Actual Contract Performance Outside the United
States (May 2007) – This clause is already called out in Corpdocs, but it should be replaced with
the May 2007 version.
252.225-7012, Preference for Certain Domestic Commodities (Dec 2008) (Applicable for all
purchase orders/subcontracts with any deliverables of items covered by this clause.)
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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.
252.239-7000, Protection Against Compromising Emanations (Jun 2004) (Applicable if
classified work is required. "Contracting Officer" means "Lockheed Martin." "Government"
means "Lockheed Martin and the Government" in paragraphs (c) and (d).)
252.239-7001, Information Assurance Contractor Training and Certification (Jan
2008) (Applicable if you will be accessing DoD Information Systems.)
252.243-7002, Requests for Equitable Adjustment (Mar 1998) (Applies to all purchase
orders/subcontracts over $100,000, “Government” means “Lockheed Martin”)
252.244-7000, Subcontracts for Commercial Items and Commercial Components (DoD
Contracts) (Aug 2009) (Applicable for all purchase orders/subcontracts 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.)
252.249-7002, Notification of Anticipated Contract Termination or Reduction (Dec 2006) –
This clause is already called out in Corpdocs, but it should be replaced with the December 2006
version.
AFFARS Clauses
5352.223-9000, Elimination of Use of Class I Ozone Depleting Substances (ODS) (Apr 2003)
(Applicable for all purchase orders and subcontracts. The blank in paragraph (d) is completed
with "None." In paragraph (d) "Contracting Officer" means "Lockheed Martin.")
5352.223-9001, Health and Safety on Government Installations (Jun 1997). (Applicable if
the subcontractor will perform work on a government installation. "Contracting Officer" means
"Lockheed Martin.")
5352.242-9000, Contractor Access to Air Force Installations (Aug 2007) (Applicable if you
will be performing work on a government installation. "Contracting Officer" means "Lockheed
Martin." In paragraph (e) "the prime contractor" means "Seller.")
5352.242-9001, Common Access Cards (CACS) for Contractor Personnel – AF Systems
(Aug 2004) (Applicable if you will be performing work on a government installation. All
communication with the government required by this clause shall be conducted through Lockheed
Martin.)
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