Document No. SP010 February 2011 FLOWDOWNS FOR GEO-EYE CONTRACT PURCHASE ORDERS AND SUBCONTRACTS ARTICLE 1: NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PREPAREDNESS, AND ENERGY PROGRAM USE This Contract is a DOA7 "rated order" under Government contract HM0210-10-9-0001, certified for national defense use, and the SELLER shall follow all the requirements of the Defense Priorities and Allocation System Regulation (15 C.F.R. Part 700) ARTICLE 2: DEFINITION Agreements Officer- The Government Agreements Officer for Lockheed Martin’s prime contract. ARTICLE 3: AUDIT ACCESS This article applies only if this Contract exceeds $500,000, and is a cost-reimbursement, incentive, time-and-materials, labor-hour, or price-redeterminable type or any combination of these. A. At anytime before final payment is made under Lockheed Martin’s prime contract, the Agreements Officer may have the SELLER’s vouchers, statements of costs, and performance reports audited. The Agreement Officer, or an authorized representative(s) of the Agreements Officer, shall have the right to examine and audit all Contract records and other evidence sufficient to reflect properly all costs claimed to have been incurred/expended, or anticipated to be incurred/expended directly or indirectly in performance of this Contract. This right of examination shall include inspection at all reasonable times of the SELLER’s facilities, or parts of them, engaged in performing this Contract. B. In addition, the Agreements Officer or an authorized representative of the Agreements Officer shall have the right to examine and audit the supporting cost and performance records and materials, for the purpose of evaluating (1) the effectiveness of the SELLER’s policies and procedures to produce data compatible with the objectives of these reports; and (2) the data reported. C. Availability. SELLER shall make available at its office at all reasonable times the records, materials, and other evidence described in paragraphs A. and B. of this ARTICLE, for examination, audit, or reproduction, until 7 years after final payment under this Contract, or for any longer period required by statute or by other ARTICLES’ of this Contract. In addition: 1. If this Contract is completely or partially terminated, SELLER shall make available the records relating to the work terminated until 7 years after any resulting final termination settlement; and 2. SELLER shall make available records relating to appeals under the Disputes clause of the terms and conditions or to litigation or the settlement of claims arising under or relating to this Contract. Records shall be made available until such appeals, litigation, or claims are finally resolved. D. SELLER shall insert a clause containing all the terms of this ARTICLE, including this paragraph D, in all subcontracts under this Contract that exceed $500,000, and that are costreimbursement, incentive, time-and-materials, labor-hour, or price-redeterminable type or any combination of these. Document No. SP010 1 of 11 February 2011 Document No. SP010 February 2011 FLOWDOWNS FOR GEO-EYE CONTRACT PURCHASE ORDERS AND SUBCONTRACTS ARTICLE 4: COMPTROLLER GENERAL ACCESS TO RECORDS A. The Comptroller General of the United States, in the discretion of the Comptroller General, shall have access to and the right to examine directly relevant records of any party to this Contract or any entity that participates in the performance of this Contract that directly pertain to, and involve transactions relating to, this Contract. B. Excepted from the Comptroller General access requirement is any party to this Contract or any entity that participates in the performance of this Contract, or any subordinate element of such party or entity, that in the year prior to August 2010, has not entered into any other contract, grant, cooperative agreement, or “other transaction” agreement that provides for audit access to its records by a government entity. C. 1. The right provided to the Comptroller General is provided in subparagraph B in the case a party to this Contract, any entity that participates in the performance of this Contract, or a subordinate element of that party or entity if the only cooperative agreements or “other transactions” that the party, entity, or subordinate element entered into with government entities in the year prior to the date of that agreement are cooperative agreements or transactions that were entered into under 10 U.S.C. 2371. 2. The only records of a party, other entity, or subordinate element referred to in subparagraph A that the Comptroller General may examine in the exercise of the right referred to in that subparagraph are records of the same type as the records that the government has had the right to examine under the audit access clauses of the previous agreements or transactions referred to in such subparagraph that were entered into by that particular party, entity, or subordinate element. D. This ARTICLE shall not be construed to require any party or entity, or any subordinate element of such party or entity that participates in the performance of this Contract, to create or maintain any record that is not otherwise maintained in the ordinary course of business or pursuant to a provision of law. E. The Comptroller General shall have access to the records described in this ARTICLE until seven years after the date the final payment is made by Lockheed Martin under this Contract. F. The SELLER shall flow down this provision to any entity that participates in the performance of this Contract. ARTICLE 5: DATA RETENTION SELLER agrees to retain and maintain in good condition for the term of this Contract and ten years thereafter, all Data necessary to perform this Contract. Contractor shall grant LOCKHEED MARTIN access and the right to copy such Technical Data upon at mutually agreed times. Technical Data copied by LOCKHEED MARTIN will be subject to the Information of Seller and Intellectual Property clauses of the Contract Terms and Conditions. ARTICLE 6: RELEASE OF INFORMATION AND NON-PUBLICITY A. Non-Publicity. The SELLER shall not use or allow to be used any aspect of this solicitation and/or Contract for publicity, advertisement purposes, or as a reference for new business. It is further understood that this obligation shall not expire upon completion or termination of this Contract, but will continue indefinitely. The SELLER may request a waiver or release from the foregoing, but shall not deviate there from unless authorized to do so in writing by Document No. SP010 2 of 11 February 2011 Document No. SP010 February 2011 FLOWDOWNS FOR GEO-EYE CONTRACT PURCHASE ORDERS AND SUBCONTRACTS the Agreements Officer. Sellers are not required to obtain waivers when informing offices within this Agency of contracts it has performed or is in the process of performing provided there are no security restrictions. B. Past Performance Information - This Contact may be listed as a reference for past performance purposes in offers submitted to agencies and organizations within the Intelligence Community. The SELLER shall obtain the Agreements Officer approval via Lockheed Martin prior to releasing any information about this Contract outside the Intelligence Community. ARTICLE 7: SOFTWARE CERTIFICATION SECURITY REQUIREMENTS A. The SELLER certifies that it will undertake to ensure that any software to be provided or any Government- or Lockheed Martin- Furnished Software to be returned, under this Contract will be provided or returned free from computer virus, which could damage, destroy, or maliciously alter software, firmware, or hardware, or which could reveal to unauthorized persons any data or other information accessed through or processed by the software. B. The SELLER shall immediately inform Lockheed Martin when it has a reasonable suspicion that any software provided or returned, to be provided or returned, or associated with the production may cause the harm described in paragraph A. above. C. If the SELLER intends to include in the delivered software any computer code not essential to the contractual requirement, this shall be explained in full detail to Lockheed Martin. D. The SELLER acknowledges its duty to exercise reasonable care, to include the following, in the course of performance: (a) Using on a regular basis current versions of commercially available anti-virus software to guard against computer viruses when introducing maintenance, diagnostic, or other software into computers; and (b) prohibiting the use of nonContract related software on computers, especially from unknown or unreliable sources. ARTICLE 8: EXPORT CONTROL AND ASSIGNMENT OF PERSONNEL The Contractor shall comply with the restrictions required by Executive Order 12470, the Arms Export Control Act (Title 22, USC)(Sec 275), the International Traffic in Arms Regulation (ITAR), or DoD directive 5230.25, Withholding of Unclassified Technical Data from Public Disclosure. ARTICLE 9: ORGANIZATIONAL CONFLICT OF INTEREST A. The term "organizational conflict of interest" means that because of other activities or relationships with other persons, a person is unable to or potentially unable to render impartial assistance or advice to the Government, or the person's objectivity in performing the contract work is or might be otherwise impaired, or a person has an unfair competitive advantage. The term "person" includes a business organization. (Reference FAR 2.101.) B. If SELLER is aware of any information bearing on any existing or potential organizational conflict of interest, it shall provide a disclosure statement which describes all relevant information concerning any past, present, or planned interests bearing on whether it (including its chief executives and directors, or any proposed consultant or subcontractor) may have an existing or potential organizational conflict of interest. Document No. SP010 3 of 11 February 2011 Document No. SP010 February 2011 FLOWDOWNS FOR GEO-EYE CONTRACT PURCHASE ORDERS AND SUBCONTRACTS C. Refer to FAR Subpart 9.5 for policies and procedures for avoiding, neutralizing, or mitigating organizational conflicts of interest. D. If the Agreements Officer determines that a conflict exists or may occur, Lockheed Martin shall advise the SELLER. SELLER and Lockheed Martin shall take appropriate steps to avoid or otherwise resolve the conflict through the inclusion of a special provision or other appropriate means. The terms of any special provision are subject to negotiation. ARTICLE 10: GOVERNMENT INTENTION TO USE CONSULTANTS A. The Government intends to use the consultant contractors listed below for technical and review services during the term of this Contract. Although the contractors shall not have the right to provide technical direction, they may attend technical reviews, participate in technical interchange meetings, witness production, and provide test and inspection support, and other related services such as cost-risk-schedule trade-off analysis. The contractors will require access to program-related facilities and documentation including administrative or business information such as cost information. SELLER consents to said contract consultants’ access to such facilities and information and use of such information solely for the purpose of providing consultant services to the government under the LM900G Program. B. SELLER business or proprietary data shall not be made available to the consultant contractors until a protective agreement is executed between the consultant and the SELLER and any necessary subcontractors, and evidence of such agreement(s) is made available to the Government through LOCKHEED MARTIN. C. It is expressly understood that the operation of this ARTICLE will not be the basis for an equitable adjustment. D. Contractors providing consulting services are: The Mitre Corporation The Aerospace Corporation Booz Allen Hamilton, Inc. Acquisition Solutions, Inc. ARTICLE 11: CLEAN AIR AND WATER A. SELLER shall comply with the applicable provisions of the Clean Air Act (42 U.S.C. 7401 et seq.), as amended and the Clean Water Act (33 U.S.C. 1251 et seq.), as implemented by Executive Order No. 11738 (3 CFR, 1971-1975 Comp. P799), and the related regulations of the Environmental Protection Agency (EPA) (40 CFR part 15). Said regulations, Executive Order, and Acts are incorporated in this Contract by reference. B. SELLER further agrees that it will not use any facility on the EPA’s List of Violating Facilities in performing any award that is nonexempt under 40 CFR 15.5, as long as the facility remains on the list. If, in performing this Contract, SELLER intends to use a facility that is on the List of Violating Facilities, or that SELLER knows has been recommended to be placed on the List of Violating Facilities, SELLER shall notify Lockheed Martin. Document No. SP010 4 of 11 February 2011 Document No. SP010 February 2011 FLOWDOWNS FOR GEO-EYE CONTRACT PURCHASE ORDERS AND SUBCONTRACTS ARTICLE 12: TRANSPORTATION PREFERENCES A. U.S. Flag Carriers. Travel supported by U.S. Government funds under this Contract shall use U.S. flag air carriers (air carriers holding certificates under 49 U.S.C. 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981 amendment to Comptroller General’s Decision B-0138942. Such Act and guidelines are incorporated in this Contract by reference. B. Cargo Preference. SELLER agrees that it will comply with the Cargo Preference Act of 1954 (46 U.S.C. 1241), as implemented by Department of Transportation regulations at 46 CFR 381.7 which require that at least 50 percent of equipment, materials, or commodities procured or otherwise obtained with U.S. Government funds under this Contract, and which may be transported by ocean vessel, shall be transported on privately owned U.S.-flag commercial vessels, if available. C. Lower Tier Subcontracts. SELLER shall flow-down this ARTICLE in all lower tier subcontracts, regardless of tier, under this Contract. ARTICLE 13: INSURANCE SELLER shall acquire and maintain during the entire performance period of this contract, insurance of at least the following kinds and minimum amounts as set forth below: A. Workman's Compensation and Employer's Liability Insurance: In accordance with amounts specified by the laws of the state in which the work is to be performed under this contract. In the absence of such state laws, an amount of $100,000 shall be required and maintained. B. General Liability Insurance: Bodily injury liability in the minimum amount of $500,000 per occurrence. C. Automobile Liability Insurance: In the amounts of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. D. Aircraft public and passenger liability when aircraft are used in connection with performing the contract: $200,000 per person and $500,000 per occurrence for bodily injury other than passenger liability, and $200,000 per occurrence for property damage. Coverage for passenger liability and bodily injury shall be $200,000 multiplied by the number of seats or passengers, whichever is greater. Execution of this Contract shall constitute certification that SELLER is in compliance with all contractual requirements and any applicable State or Federal laws with respect to insurance requirements. ARTICLE 14: NON-DISCRIMINATION By signing or accepting funds under this Contract, the SELLER assures that it will comply with applicable provisions of the following national policies prohibiting discrimination. SELLER will flow-down this provision in all subcontracts and other agreements to entities participating in the effort performed under this Contract. Document No. SP010 5 of 11 February 2011 Document No. SP010 February 2011 FLOWDOWNS FOR GEO-EYE CONTRACT PURCHASE ORDERS AND SUBCONTRACTS A. Title VI of the Civil Rights Act of 1964, as amended, (42 U.S.C. 2000d, et seq.) as implemented by DoD Regulations at 32 CFR part 195. Said Act, as amended, and regulations are incorporated in this Contract by reference. B. Age Discrimination Act of 1975 (42 U.S.C. 6101, et seq.), as implemented by Department of Health and Human Services regulations at 45 CFR Part 90. Said Act and amendments are incorporated in this Contract by reference; C. Rehabilitation Act of 1973 (29 U.S.C. 794) as implemented by Department of Justice regulations at 28 CFR part 41 and DoD regulations at 32 CFR part 56. Said Act and amendments are incorporated in this Contract by reference. ARTICLE 15: GOVERNMENT-FURNISHED PROPERTY A. Lockheed Martin shall deliver to the SELLER, at the time and locations stated in this Contract, the Government-furnished property in “as is” condition described in the Contract or specifications. If that property is not delivered to the SELLER, Lockheed Martin shall equitably adjust affected provisions of this Contract provided1. The SELLER submits a timely written request for an equitable adjustment; and 2. The facts warrant an equitable adjustment. B. Title to Government-furnished property shall remain in the Government. The SELLER shall use the Government-furnished property only in connection with the performance of work under this Contract. The SELLER shall maintain adequate property control records in accordance with sound industrial practice and will make such records available for Government and/or Lockheed Martin inspection at all reasonable times. C. Upon delivery of Government-furnished property to the SELLER, the SELLER assumes the risk and responsibility for its loss or damage, except1. For reasonable wear and tear; 2. To the extent property is consumed in performing this Contract; or 3. As otherwise provided for by the provisions of this Contract. D. Upon completing this Contract, the SELLER shall follow the instructions of the Lockheed Martin Property Administrator regarding the disposition of all Government-furnished property not consumed in performing this Contract or previously delivered to the Government. The SELLER shall prepare for shipment, deliver f.o.b. origin, or dispose of the Government property, as may be directed or authorized by the Lockheed Martin Property Administrator. The net proceeds of any such disposal shall be credited to this Contract or shall be paid to the Government as directed by the Lockheed Martin Property Administrator. E. If this Contact or any portion thereof is to be performed outside the United States and its outlying areas, the words "Government" and "Government-furnished" (wherever they appear in this ARTICLE) shall be construed as "United States Government" and "United States Government-furnished," respectively. ARTICLE 16: SELLER PROPERTY MANAGEMENT SYSTEM A. Property Management 1. SELLER shall have a system to manage (control, use, preserve, protect, repair and Document No. SP010 6 of 11 February 2011 Document No. SP010 February 2011 FLOWDOWNS FOR GEO-EYE CONTRACT PURCHASE ORDERS AND SUBCONTRACTS maintain) Government property in its possession. The system shall be adequate to satisfy the requirements of this ARTICLE. In doing so, the SELLER shall initiate and maintain the processes, systems, procedures, records, and methodologies necessary for effective control of Government property, consistent with voluntary consensus standards and/or industry-leading practices and standards for Government property management except where inconsistent with law or regulation. During the period of performance, the SELLER shall disclose any significant changes to their property management system to the Lockheed Martin Property Administrator prior to implementation. 2. SELLER’S responsibility extends from the initial acquisition and receipt of property, through stewardship, custody, and use until formally relieved of responsibility by authorized means, including delivery, consumption, expending, disposition, or via a completed investigation, evaluation, and final determination for lost, damaged, destroyed, or stolen property. This requirement applies to all Government property under the SELLER’S accountability, stewardship, possession or control, including its vendors or subcontractors. B. Records of Government Property If Government property is acquired or furnished for performance of this Contract, 1. SELLER shall create and maintain records of all Government property accountable to this Contract, including Government-furnished and SELLER-acquired property. a. Property records shall enable a complete, current, auditable record of all transactions and shall, unless otherwise approved by the Lockheed Martin Property Administrator, contain the following: (1) The name, part number and description, manufacturer, model number, and National Stock Number (if needed for additional item identification tracking and/or disposition). (2) Quantity received (or fabricated), issued, and balance-on-hand. (3) Unit acquisition cost. (4) Unique-item identifier or equivalent (if available and necessary for individual item tracking). (5) Unit of measure. (6) Accountable contract number or equivalent code designation. (7) Location. (8) Disposition. (9) Posting reference and date of transaction. (10) Date placed in service. 2. Federally owned equipment shall be marked, to indicate Federal ownership. C. Physical Inventory SELLER shall periodically perform, record, and disclose physical inventory results. A final physical inventory shall be performed upon Contract completion or termination. The Lockheed Martin Property Administrator may waive this final inventory requirement, depending on the circumstances (e.g., overall reliability of SELLER’S system or the property is to be transferred to a follow-on contract). A control system shall be in effect to insure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or theft of property shall be investigated and fully Document No. SP010 7 of 11 February 2011 Document No. SP010 February 2011 FLOWDOWNS FOR GEO-EYE CONTRACT PURCHASE ORDERS AND SUBCONTRACTS documented; if the property was owned by the Government, the SELLER shall promptly notify the Lockheed Martin Property Administrator. D. Flow Down of Property Management System Requirements SELLER shall include the requirements of this Article in all subcontracts under which Government property is acquired or furnished for subcontract performance. ARTICLE 17: INCORPORATION OF FAR AND DFARS CLAUSES A. The Federal Acquisition Regulation (FAR) and Defense Federal Acquisition Regulation Supplement (DFARS) clauses referenced below are incorporated herein by reference, with the same force and effect as if they were given in full text, and are applicable, including any notes following the clause citation, to this Contract. If the date or substance of any of the clauses listed below is different from the date or substance of the clause actually incorporated in the Prime Contract referenced by number herein, the date or substance of the clause incorporated by said Prime Contract shall apply instead. The Contracts Disputes Act shall have no application to this Contract. Any reference to a "Disputes" clause shall mean the Disputes" clause of this Contract. B. GOVERNMENT SUBCONTRACT This Contract is entered into by the parties in support of a U.S. Government contract. As used in the FAR and DFARS clauses referenced below and otherwise in this Contract: 1. "Commercial Item" means a commercial item as defined in FAR 2.101. 2. "Contract" means this contract. 3. "Contracting Officer" and “Agreements Officer” shall mean the U.S. Government Agreements Officer for LOCKHEED MARTIN's government prime contract under which this Contract is entered. 4. "SELLER" and "Offeror" means the SELLER, as defined in CorpDoc 1, acting as the immediate subcontractor to LOCKHEED MARTIN. 5. "Prime Contract" means the contract between LOCKHEED MARTIN and the U.S. Government or between LOCKHEED MARTIN and its higher-tier contractor who has a contract with the U.S. Government. 6. "Subcontract" means any contract placed by the SELLER or lower-tier subcontractors under this Contract. 7. Communication/notification required under this Contract from/to the SELLER to/from the Contracting Officer shall be through LOCKHEED MARTIN unless specifically permitted by the Contract. C. NOTES The following notes apply to the clauses incorporated by reference below only when specified in the parenthetical phrase following the clause title and date. 1. Substitute "LOCKHEED MARTIN" for "Government" or "United States" throughout this clause. Document No. SP010 8 of 11 February 2011 Document No. SP010 February 2011 FLOWDOWNS FOR GEO-EYE CONTRACT PURCHASE ORDERS AND SUBCONTRACTS 2. Substitute "LOCKHEED MARTIN Procurement Representative" for "Contracting Officer", "Administrative Contracting Officer", and "ACO" throughout this clause. 3. Insert "and LOCKHEED MARTIN" after "Government" throughout this clause. 4. Insert "or LOCKHEED MARTIN" after "Government" throughout this clause. 5. Reserved. 6. Insert "and LOCKHEED MARTIN" after "Contracting Officer", throughout the clause. 7. Insert "or LOCKHEED MARTIN PROCUREMENT REPRESENTATIVE" after "Contracting Officer", throughout the clause. D. AMENDMENTS REQUIRED BY PRIME CONTRACT SELLER agrees that upon the request of LOCKHEED MARTIN it will negotiate in good faith with LOCKHEED MARTIN relative to amendments to this Contract to incorporate additional provisions herein or to change provisions hereof, as LOCKHEED MARTIN may reasonably deem necessary in order to comply with the provisions of the applicable Prime Contract or with the provisions of amendments to such Prime Contract. If any such amendment to this Contract causes an increase or decrease in the cost of, or the time required for, performance of any part of the Work under this Contract, an equitable adjustment shall be made pursuant to the "Changes" clause of this Contract. E. PRESERVATION OF THE GOVERNMENT'S RIGHTS If LOCKHEED MARTIN furnishes designs, drawings, special tooling, equipment, engineering data, or other technical or proprietary information (Furnished Items) which the U. S. Government owns or has the right to authorize the use of, nothing herein shall be construed to mean that LOCKHEED MARTIN, acting on its own behalf, may modify or limit any rights the Government may have to authorize the SELLER’s use of such Furnished Items in support of other U. S. Government prime contracts. F. PROVISIONS OF THE FEDERAL ACQUISITION REGULATION INCORPORATED BY REFERENCE The following FAR clauses apply to this Contract: 1. FAR 52.203-13, CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (APR 2010) (Applies if this Contract exceeds $5,000,000 and the period of performance is more than 120 days. Disclosures made under this clause shall be made directly to the Government entities identified in the clause.) 2. FAR 52.203-15 WHISTLEBLOWER PROTECTIONS UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (MAR 2009) 3. FAR 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (MAY 2004) 4. FAR 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999) 5. FAR 52.222-26 EQUAL OPPORTUNITY (MAR 2007) 6. FAR 52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS, Document No. SP010 9 of 11 February 2011 Document No. SP010 February 2011 FLOWDOWNS FOR GEO-EYE CONTRACT PURCHASE ORDERS AND SUBCONTRACTS VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (SEP 2006) (Applies if this Contract is for $100,000 or more.) 7. FAR 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUN 1998) (Applies if this Contract exceeds $10,000.) 8. FAR 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008) 9. FAR 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (APR 2010) 10. FAR 52.247-64 PREFERENCE FOR PRIVATELY OWNED U.S. FLAG COMMERCIAL VESSELS (FEB 2006) G. PROVISIONS OF THE DEPARTMENT OF DEFENSE FEDERAL ACQUISITION REGULATION SUPPLEMENT (DFARS) INCORPORATED BY REFERENCE The following DFARS clauses apply to this Contract as indicated: 1. DFARS 252.225-7021 TRADE AGREEMENTS (NOV 2008) (Applies if the Work contains other than U.S.-made, qualifying country, or designated country end products.) H. PROVISIONS OF THE FAR AND DFARS INCORPORATED BY REFERENCE IN CONTRACTS THAT ARE NOT SOLELY FOR COMMERCIAL ITEMS AS DEFINED IN FAR SUBPART 2.101 1. The following FAR clauses apply to this Contract as indicated: a. FAR 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006), with Alternate I (OCT 1995) (Applies if this Contract exceeds $150,000.) b. FAR 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (APR 2008) (DEVIATION) (Applies if this Contract exceeds $550,000 and the SELLER is not a small business. The version of the clause in DoD Class Deviation 2009-O0009 applies in lieu of the standard FAR version of the clause. Note 2 applies to paragraph (c) only. The SELLER's subcontracting plan is incorporated herein by reference.) c. FAR 52.227-1 and ALTERNATE I, AUTHORIZATION AND CONSENT (DEC 2007) and Alternate I (APR 1984) d. FAR 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (DEC 2007) (Applies if this Contract exceeds $150,000. Notes 2 and 4 apply.) e. FAR 52.239-1 PRIVACY OR SECURITY SAFEGUARDS (AUG 1996) (Applies if this Contract is 1) for information technology which requires security of information technology, and/or 2) for the design, development, or operation of a system of records using commercial information technology services or support services.) Document No. SP010 10 of 11 February 2011 Document No. SP010 February 2011 FLOWDOWNS FOR GEO-EYE CONTRACT PURCHASE ORDERS AND SUBCONTRACTS 2. The following DFARS clauses apply to this Contract as indicated: a. DFARS 252.219-7003 SMALL BUSINESS SUBCONTRACTING PLAN (DoD CONTRACTS) (DEVIATION) (Applies if FAR 52.219-9 applies to this Contract. Delete paragraph (g).) b. DFARS 252.219-7004 SMALL BUSINESS SUBCONTRACTING PLAN (Test Program) (DEVIATION) (Applies if FAR 52.219-9 applies to this Contract and the Contractor has a current, approved Comprehensive Plan.) c. DFARS 252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (MAR 1998) (Applies if this contract exceeds $100,000. Note 1 applies.) Document No. SP010 11 of 11 February 2011