NORTHROP GRUMMAN SYSTEMS CORPORATION
ADDENDUM TO TERMS AND CONDITIONS FOR
SUBCONTRACTS IN SUPPORT OF THE UNMANNED CARRIER LAUNCHED AIRBORNE SURVEILLANCE
AND STRIKE SYSTEM (UCLASS) RFP # N00019-14-R-0029
All of the additional terms and conditions set forth below are incorporated in and made part of this Order. Any conflict
between any of the conditions contained in this addendum and those appearing on Northrop Grumman Systems Corporation
Purchase Order Terms and Conditions shall be resolved in favor of the conditions in this addendum.
I.
ADDITIONS
A. H-4
a)
LICENSE RIGHTS FOR SUPPORTING DATA ITEMS AND DATA ACCESSION LIST (DAL)
ITEMS (VARIATION)
Technical data and computer software identified on the Supporting Data Items List provided under this Order
shall be marked in accordance with DFARS 252.227-7013, 252.227-7014, and 252.227-7015 as if the items
were required for delivery under a Contract Data Requirement List (CDRL).
b) For technical data and computer software identified on the Data Accession List (DAL) the Seller, upon request
by the Buyer shall provide access to the DAL items and permit the Government and Covered Government
support contractors (as defined in DFARS 252.227-7013, 252.227-7014, 252.227-7015, et al) to use, modify,
reproduce, release, perform, disclose, and display the data in accordance with the applicable DFARS clauses.
Starting at subcontract award, every two years throughout the period of performance, to include any options
exercised, and within 90 days from the end of the period of performance the Seller shall deliver two (2) digital
data copies of all DAL items in Microsoft Office format on CD-ROM media to the Buyer.
B. H-5
DATA RIGHTS SPECIAL LICENSE FOR UCLASS OMIT MAINTENANCE & SUSTAINMENT
(VARIATION)
The intent of this H-5 clause is to supplement DFARS Part 227
a)
Definitions. As used in this clause:
1) The terms "Organizational level (O-Level) Maintenance”, “Intermediate level (I-Level) Maintenance”
and “Depot level (D-Level) Maintenance" are defined as the effort required to perform aircraft
maintenance in accordance with COMNAVAIRFORINST 4790.2B Chapter-1, 15 Jun 2013, paragraph
3.1.1.1, 3.1.1.2, and 3.1.1.3. Organizational, intermediate and depot level maintenance does not
include the manufacture of new items.
2) Operations, Maintenance, Installation and Training data, referred to as "OMIT Data," is defined as all
technical data (including computer software documentation), development tools, graphics, and
computer software necessary for operation, maintenance, installation, or training purposes (other than
detailed manufacturing or process data) pertaining to the UCLASS System and equipment associated
with its life cycle support sustainment. OMIT Data includes all technical data and computer software
required to accomplish all levels of maintenance (i.e., organizational, intermediate and depot level
maintenance in accordance with COMNAVAIRFORINST4790.2B, 15 Jun 2013), including Navy
sustainment of the technical data and computer software itself. All organizational, intermediate and
depot level maintenance data to be delivered under this Order are OMIT Data.
3) The term "UCLASS System" includes any subsystems, subassemblies, assemblies, parts and/or
components that are in the UCLASS Air Vehicle.
4) Other terms used in this clause have the same meaning as set forth in the following clauses:
DFARS 252.227-7013;
DFARS 252.227-7014;
DFARS 252.227-7015; and
DFARS 252.227-7017.
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b) Delivery Requirements. The Government requirements, and thus requirements under this Order, for technical
data and computer software for organizational, intermediate and depot level maintenance include no less
information or detail than industry standards, nor less than the Seller typically requires to perform such
maintenance; and additional information or detail necessary for military purposes related to maintenance.
c)
Special License Rights.
1)
The Government is granted unlimited rights in all technical data (including computer software
documentation) and noncommercial computer software necessary for operation, maintenance
(including organizational, intermediate and depot level maintenance), installation, or training, i.e.,
“OMIT Data,” as defined above, and as set forth in the contract clauses and regulations governing
rights in technical data and computer software (e.g., DFARS Subparts 227.71 and 227.72, 227.7202,
252.227-7013, 252.227-7014, and 252.227-7015). Accordingly, the technical data (including computer
software documentation) and noncommercial computer software defined as OMIT to be delivered
under this Order, will be delivered to the Government with unlimited rights.
2) Commercial computer software to be delivered as OMIT Data shall be subject to a commercial license
as set forth in H-6 “Commercial Computer Software License Agreement.”
d) Technical Data and Computer Software of Subcontractors and Suppliers. The terms and conditions of this
clause shall apply to all technical data and computer software, including all technical data or computer software
developed, delivered, or otherwise provided by subcontractors or suppliers at any tier, and regardless of whether
the computer software or technical data is or relates to commercial items or noncommercial items. The Seller
shall include these requirements in its subcontracts or other contractual or legal instruments with its
subcontractors or suppliers at any tier.
e)
Identification and Assertion of Restrictions. The Seller shall not, either directly or indirectly through the Buyer,
deliver or otherwise provide to the Government any technical data or computer software with restrictive
markings (or otherwise subject to restrictions on access, use, modification, reproduction, release, performance,
display, or disclosure) unless the technical data or computer software has been identified in accordance with the
following requirements:
1) Pre-Award Identification and Assertion. In the Seller’s “Data Rights Assertion List” included with the
Order, the Seller shall identify all technical data and computer software that it proposes to be delivered
or otherwise provided (including all Option CLINs as if the Option was exercised) with less than
unlimited rights as follows:
A. Noncommercial Technologies. Noncommercial technical data and noncommercial computer
software shall be identified pursuant to DFARS 252.227-7017.
B. Commercial Technologies. The Seller shall also identify and assert any restrictions for all
commercial computer software and commercial technical data (i.e., technical data pertaining to a
commercial item) by providing the same types of information, using a similar format, and
following the same procedures and requirements as specified at DFARS 252.227-7017.
C. Seller Assertions. The Seller shall specifically identify and provide the basis for any assertions
that the Government is to receive less than unlimited rights with respect to technical data and
computer software including source code, object code, executable code, documentation, software
support tools, S/SEE (software/systems engineering environment) documentation,
Systems/Software Requirement Documents, Interface Control Documents, etc., including any
computer software that is modified or developed either exclusively or partially at Government
expense.
D. With respect to each such assertion, the Seller must specify the deliverable, SDRL/Supporting
Data Item, and SOW paragraph(s) to which the technical data or computer software deliverable
pertains.
2) Data subject to the special license pursuant to subsection (c) of this clause shall be asserted on the
“Subcontractor Data Rights Assertion List” as follows. In the "Basis for Assertion" column, the Seller
ADDENDUM 156 (R. 12-14)
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shall assert whether the data or software was developed exclusively or partially at private expense and
shall assert in the "Asserted Rights Category" that the data or software will be marked in accordance
with the Special License Rights legend, set forth in subsection (c) above.
f)
Copies of Negotiated, Commercial, and Other Non-Standard Licenses. The Seller shall provide to the Buyer
copies of all proposed specially negotiated licenses, commercial licenses for technical data pertaining to
commercial items, and any other asserted restrictions other than Government purpose rights; limited rights;
restricted rights; Small Business Innovation Research (SBIR) Program data rights for which the protection
period has not expired; or Government's minimum rights as specified in the clause at 252.227-7015.
g) Validation of Asserted Restrictions and Restrictive Markings. Nothing in this clause limits or otherwise affects
the parties' rights or obligations specified in DFARS 252.227-7019 or DFARS 252.227-7037.
h) Deferred Ordering. The terms and conditions of this clause shall apply to any organizational, intermediate and
depot level maintenance data delivered under this Order pursuant to DFARS 252.227-7027.
C. H-6
a)
COMMERCIAL COMPUTER SOFTWARE LICENSE AGREEMENT (VARIATION)
It is anticipated that the Seller will procure and deliver "commercial computer software" as defined by DFARS
252.227-7014(a) (1) and the commercial computer software license agreements identified in the Order.
Open source software (OSS) is generally regarded as commercial computer software. It is sometimes licensed
under terms that require the user to make freely available in source code form: (i) the user's modifications to the
OSS or (ii) any software that the user "combines" with the OSS. If the Seller uses OSS in the performance of
this Order, the Seller must ensure that the use of the OSS complies with subsection (b) of this clause.
b) The Seller shall acquire the commercial computer software under the licenses customarily provided to the
public, except to the extent that the licenses are inconsistent with Federal procurement law or do not otherwise
satisfy user needs (see DFARS 227.7202-1(a)). A list of common material terms and conditions of commercial
computer software license agreements that NAVAIR has determined are inconsistent with Federal procurement
law or do not otherwise satisfy user needs are incorporated into an addendum that may be executed by the Seller
when negotiating the license agreements to be delivered under this Order. The Seller shall either execute the
Software License Agreement Attachment as an addendum to the license being delivered or ensure that the
license being delivered to the Government complies with the list of terms and conditions on the Software
License Agreement Attachment.
c)
D. H-7
a)
The Seller shall provide copies of the license agreements to the Buyer sixty (60) calendar days before license
purchase or at least sixty (60) days prior to delivery, whichever occurs first.
DATA RIGHTS AND LICENSES IN SUPPORT OF UCLASS TEST ACTIVITIES (VARIATION)
Test Data, as used in this clause, is defined as any test unique processed or unprocessed on-board or off-board
system data collected or processed in support of laboratory integration and test activities, installed systems
ground and flight test evolutions, or test reporting.
b) All Test Data, studies, analysis, or similar data produced under this Order shall carry the same rights as if the
items were required for delivery to the Government under a Contract Data Requirements List (CDRL) and shall
be considered as having been specified as an element of performance per DFARS 252.227-7013((b)(1)(ii). The
Seller shall mark the items in accordance with DFARS 252.227-7013 and 252.227-7014. Should the Seller
assert any rights other than unlimited rights or Government Purpose Rights, the Seller shall prepare the
documentation in two parts; 1) the portion that is being provided with Unlimited or Government Purpose
Rights, and 2) the portion that is being marked with a restrictive legend other than Government Purpose Rights
as a separate annex or attachment to the Unlimited/Government Purpose Rights portion. The Test Data shall be
made available to the Buyer in accordance with the Procurement Specification, Statement of Work, SDRLs,
and/or the Supporting Data Items List as appropriate. Any Test Data not otherwise specified elsewhere in this
Order shall be made available within two (2) working days after written request by the Buyer.
c)
The Seller shall maximize the use of Government and non-proprietary tools. If Seller uses a proprietary tool the
Seller shall provide to the Government 50 licenses for a 30 year period after contract award for any proprietary
data analysis tool(s) used in support of the test program. The licenses shall allow the Government the right to
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use, modify, display, manipulate, reproduce, and reinterpret the Test Data. The price of all licenses combined
shall not exceed (to be inserted by the Seller), and shall be included in the Order price. Costs exceeding this
value will be considered to be unallowable direct costs per FAR Part 31 and may not be submitted for
reimbursement under this Order. Copies of the license shall be provided for incorporation into the Order.
d) For all Test Data, as defined above, developed exclusively at private expense, the Seller hereby agrees that the
Test Data shall be submitted to the Government with Government Purpose Rights and shall mark the data as
Government Purpose Rights in accordance with DFARS 252.227-7013 and 252.227-7014.
E. H-8
a)
CONTROL SYSTEM SOFTWARE DATA RIGHTS (VARIATION)
Control System Software is defined as all Computer Software and Computer Software Documentation as those
terms are defined in DFARS 252.227-7013 and DFARS 252.227-7014, necessary to provide UAS Primary
Mission Control, Mission Planning, Dynamic Airspace Management, External Messaging and Communication,
Sensor Product Payload Management (Processing, Exploitation and Dissemination (PED)), and Support
Services from the UCLASS Mission Control System.
b) The Seller is authorized to make development changes to the Common Control System provided as Government
Furnished Equipment (GFE) in support of their development and integration efforts prior to entry into a System
Level III Test. The Seller shall maintain a current list of intended changes, documented in accordance with
their configuration control processes. The Seller shall promptly notify the Buyer of intended changes and
provide near real-time access to the supporting documentation. The Seller shall not enter into a System Level
III test without prior express written approval of changes to the Common Control System GFE from the Buyer.
c)
Requested changes from the Seller to the Common Control System provided as GFE shall include the intended
data rights assertions and supporting information as well as any additional information determined necessary by
the Buyer to demonstrate compliance with this clause. Any approved changes that will result in other than
Government Purpose Rights or Unlimited Rights (as defined per DFARS 252.227-7013, 252.227-7014, and
252.227-7015) shall be isolated with open interfaces so as to permit the Government the ability to replace those
specific components without adverse impact to the system.
d) (If awarded, this paragraph will be incorporated into the resultant contract if proposed by the Seller) For all
Control System Software, as defined in paragraph (a) above, developed exclusively at private expense, the
Seller hereby agrees that all Computer Software and Computer Software Documentation shall be delivered to
the Buyer with Government Purpose Rights and marked with Government Purpose Rights legends in
accordance with DFARS 252.227-7013 and 252.227-7014.
F. 252.225-7032
WAIVER OF UNITED KINGDOM LEVIES - EVALUATION OF OFFERS (VARIATION)
a) Offered prices for contracts or subcontracts with United Kingdom (U.K.) firms may contain commercial
exploitation levies assessed by the Government of the U.K. The Seller shall identify to the Buyer all levies
included in the offered price by describing1) The name of the U.K. firm;
2) The item to which the levy applies and the item quantity; and
3) The amount of levy plus any associated indirect costs and profit or fee.
b) In the event of difficulty in identifying levies included in a price from a prospective subcontractor, the Seller
may seek advice through the Director of Procurement, United Kingdom Defense Procurement Office, British
Embassy, 3100 Massachusetts Avenue NW, Washington, DC 20006.
c) The U.S. Government may attempt to obtain a waiver of levies pursuant to the U.S./U.K. reciprocal waiver
agreement of July 1987.
1) If the U.K. waives levies before award of a contract, the Contracting Officer will evaluate the offer
without the levy.
2) If levies are identified but not waived before award of a contract, the Contracting Officer will evaluate
ADDENDUM 156 (R. 12-14)
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the offer inclusive of the levies.
3) If the U.K. grants a waiver of levies after award of a contract, the U.S. Government reserves the right to
reduce the contract price by the amount of the levy waived plus associated indirect costs and profit or
fee.
G. 252.227-7028
TECHNICAL DATA OR COMPUTER SOFTWARE PREVIOUSLY DELIVERED TO
THE GOVERNMENT (VARIATION)
The Seller shall attach to its offer an identification of all documents or other media incorporating technical data
or computer software it intends to deliver under this Order with other than unlimited rights that are identical or
substantially similar to documents or other media that the Seller has produced for, delivered to, or is obligated to
deliver to the Government under any contract or subcontract. The attachment shall identify—
a) The contract number under which the data or software were produced;
b)
The contract number under which, and the name and address of the organization to whom, the data or software
were most recently delivered or will be delivered; and
c)
Any limitations on the Government's rights to use or disclose the data or software, including, when applicable,
identification of the earliest date the limitations expire.
H. 5252.204-9504
a)
DISCLOSURE OF CONTRACT INFORMATION (NAVAIR) (VARIATION)
The Seller shall not release to anyone outside the Seller’s organization any unclassified information (e.g.,
announcement of contract award), regardless of medium (e.g., film, tape, document), pertaining to any part of
this contract or any effort related to this program, unless the Buyer has given prior written approval;
b) Requests for approval shall identify the specific information to be released, the medium to be used, and the
purpose for the release. “Information” includes, but is not limited to, news releases, articles, manuscripts,
brochures, advertisements, still and motion pictures, speeches, trade association meetings, symposia, and
professional papers to be published. The Seller shall submit the original and one (1) copy of the information
proposed for release to Buyer at least twenty (20) working days before the proposed date for release. Where
practicable, requests and the specific information may be provided using an electronic medium appropriate for
the security level of the information being transmitted.
c)
I.
The Seller agrees to include a similar requirement in each subcontract or purchase order under this contract.
Subcontractors, suppliers, and vendors shall submit requests for authorization to release through the Buyer to
the prime contractor.
5252.204-9505
SYSTEM AUTHORIZATION ACCESS REQUEST NAVY (SAAR-N) REQUIREMENTS
FOR INFORMATION TECHNOLOGY (IT)(NAVAIR) (VARIATION)
a) Seller personnel assigned to perform work under this Order may require access to Navy Information
Technology (IT) resources (e.g., computers, laptops, personal electronic devices/personal digital assistants
(PEDs/PDAs), NMCI, RDT&E networks, websites such as MyNAVAIR, and Navy Web servers requiring
Common Access Card (CAC) Public Key Infrastructure (PKI)). Seller personnel (prime, subcontractor,
consultants, and temporary employees) requiring access to Navy IT resources (including those personnel who
previously signed SAAR DD Form 2875) shall submit a completed System Authorization Access Request Navy
(SAAR-N), OPNAV 5239/14 (Jul 2008) form or latest version thereof, and have initiated the requisite
background investigation (or provide proof of a current background investigation) prior to accessing any Navy
IT resources. The form and instructions for processing the SAAR-N form are available at:
http://www.cnrc.navy.mil/publications/Forms/OPNAV_5239_14_SAAR_N.pdf.
b) SAAR-N forms will be submitted to the Buyer Authorized Purchasing Representative via the Seller’s Facility
Security Officer (FSO). The designated Buyer Authorized Purchasing Representative for Seller employees
requiring IT access shall be responsible for signing and processing the SAAR-N forms. For those Sellers that
do not have a FSO, SAAR-N forms shall be submitted directly to the designated Buyer Authorized Purchasing
Representative. Copies of the approved SAAR-N forms may be obtained through the designated Buyer
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Authorized Purchasing Representative. Requests for access should be routed through the Buyer Authorized
Purchasing Representative’s email address.
c) In order to maintain access to Navy IT resources, the Seller shall ensure completion of initial and annual IA
training, monitor expiration of requisite background investigations, and initiate re-investigations as required. If
requested, the Seller shall provide to the designated Buyer Authorized Purchasing Representative
documentation sufficient to prove that it is monitoring/tracking the SAAR-N requirements for its employees
who are accessing Navy IT resources. For those Seller personnel not in compliance with the requirements of
this clause, access to Navy IT resources will be denied/revoked.
d) The SAAR-N form remains valid throughout contractual performance, inclusive of performance extensions and
option exercises where the contract number does not change. Seller personnel are required to submit a new
SAAR-N form only when they begin work on a new or different contract.
J.
5252.211- 9510 CONTRACTOR EMPLOYEES (NAVAIR) (VARIATION)
a)
In all situations where Seller personnel status is not obvious, all Seller personnel are required to identify
themselves to avoid creating an impression to the public, agency officials, or Congress that such Seller
personnel are Government officials. This can occur during meeting attendance, through written (letter or email)
correspondence or verbal discussions (in person or telephonic), when making presentations, or in other
situations where their Seller status is not obvious to third parties. This list is not exhaustive. Therefore, the
Seller employee(s) shall:
1) Not by word or deed give the impression or appearance of being a Government employee;
2) Wear appropriate badges visible above the waist that identify them as Seller employees when in
Government spaces, at a Government-sponsored event, or an event outside normal work spaces in
support of the Order;
3) Clearly identify themselves as Seller employees in telephone conversations and in all formal and
informal written and electronic correspondence. Identification shall include the name of the
company for whom they work;
4) Identify themselves by name, their company name, if they are a subcontractor the name of the prime
contractor their company is supporting, as well as the Government office they are supporting
when participating in meetings, conferences, and other interactions in which all parties are not in daily
contact with the individual contractor employee; and
5) Be able to provide, when asked, the full number of the Order under which they are performing, and the
name of the Buyer.
A. If wearing a badge is a risk to safety and/or security, then an alternative means of identification
maybe utilized if endorsed by the Buyer’s Authorized Purchasing Representative and approved
by the Buyer.
B. The Buyer will make final determination of compliance with regulations with regard to proper
identification of Seller employees.
K. 5252.227-9501 INVENTION DISCLOSURES AND REPORTS (NAVAIR) (VARIATION)
a)
In accordance with the requirements of the Patent Rights clause of this Order, the Seller shall submit “Report of
Inventions and Subcontracts” (DD Form 882) along with written disclosure of inventions to the Buyer.
b) The Seller shall furnish the Buyer a final report within three (3) months after completion of the contracted work
listing all subject inventions or certifying that there were no such inventions, and listing all subcontracts at any
tier containing a patent rights clause or certifying that there were no such subcontracts.
L. 5252.227-9507
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NOTICE REGARDING THE DISSEMINATION OF EXPORT-CONTROLLED
TECHNICAL DATA (NAVAIR)
a)
Export of information contained herein, which includes release to foreign nationals within the United States,
without first obtaining approval or license from the Department of State for items controlled by the International
Traffic in Arms Regulations (ITAR), or the Department of Commerce for items controlled by the Export
Administration Regulations (EAR), may constitute a violation of law.
b) For violation of export laws, the Seller, its employees, officials or agents are subject to:
1) Imprisonment and/or imposition of criminal fines; and
2) Suspension or debarment from future Government contracting actions.
c)
The Government shall not be liable for any unauthorized use or release of export-controlled information,
technical data or specifications in this contract.
d) The Seller shall include the provisions or paragraphs (a) through (c) above in any subcontracts awarded under
this Order.
M. 5252.243-9505 ENGINEERING CHANGES (NAVAIR) (VARIATION)
a) After contract award, the Buyer may solicit, and the Seller is encouraged to propose independently, engineering
changes to the equipment, software specifications or other requirements of this Order. These changes may be
proposed for reasons of economy, improved performance, or to resolve increased data processing requirements.
If the proposed changes are acceptable to both parties, the Seller shall submit a price change proposal to the
Buyer for evaluation. Those proposed engineering changes that are acceptable to the Buyer will be processed as
modifications to the contract.
b) This applies only to those proposed changes identified by the Seller, as a proposal submitted pursuant to the
provisions of this clause. As a minimum, the following information shall be submitted by the Seller with each
proposal:
1) A description of the difference between the existing Order requirement and the proposed change, and
the comparative advantages and disadvantages of each.
2)
Itemized requirements of the Order that must be changed if the proposal is adopted, and the proposed
revision to the Order for each such change.
3) An estimate of the changes in performance costs, if any, that will result from adoption of the proposal.
4) An evaluation of the effects the proposed change would have on collateral costs to the Buyer such as
Buyer -furnished property costs, costs of related items, and costs of maintenance and operation.
5) A statement of the time by which the change order adopting the proposal must be issued so as to obtain
the maximum benefits of the changes during the remainder of this Order. Also, any effect on the
contract completion time or delivery schedule shall be identified.
c)
Engineering change proposals submitted to the Buyer shall be processed expeditiously. The Buyer shall not be
liable for proposal preparation costs or any delay in acting upon any proposal submitted pursuant to this clause.
The Seller has the right to withdraw, in whole or in part, any engineering change proposal not accepted by the
Buyer within the period specified in the engineering change proposal. The decision of the Buyer as to the
acceptance of any such proposal under this Order shall be final and shall not be subject to the “Disputes” clause
of the contract.
d) The Buyer may accept any engineering change proposal submitted pursuant to this clause by giving the Seller
written notice thereof. This written notice may be given by issuance of a modification to this Order. Unless and
until a modification is executed to incorporate an engineering change proposal under this Order, the Seller shall
remain obligated to perform in accordance with the terms of the existing Order.
e)
If an engineering change proposal pursuant to this clause is accepted and applied to this Order, an equitable
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adjustment in the Order price and in any other affected provisions of this Order shall be made in accordance
with the “Changes” clause.
f)
The Seller is requested to identify specifically any information contained in its engineering change proposal
which it considers confidential and/or proprietary and which it prefers not to be disclosed to the public. The
identification of information as confidential and/or proprietary is for information purposes only and shall not be
binding on the Buyer to prevent disclosure of such information. Sellers are advised that such information may
be subject to release upon request pursuant to the Freedom of Information Act (5 U.S.C. 552).
N. 5252.246-9503 SIGNIFICANCE OF SYSTEMS ENGINEERING TECHNICAL REVIEWS REQUIRED
UNDER THIS CONTRACT (NAVAIR) (VARIATION)
a) The effort to be performed under this Order includes a series of systems engineering technical reviews to review
the design/development of the system and assess the progress towards meeting the technical and/or performance
requirements set forth in this Order. The reviews will provide an independent assessment of the emerging
design/development of the system against the contractual requirements and user’s capabilities requirements.
b) Buyer express or implied approval of any particular technical approach or deliverable does not alter the Seller’s
responsibility to meet the requirements of the Order. The Seller maintains design responsibility for the system
at all times.
O. TERMS AND CONDITIONS SUBJECT TO CHANGE (T190.001)
Seller understands and agrees that the terms and conditions of this Order are subject to change as a result of
definitization of the prime contract. Seller agrees to negotiate same with Buyer promptly and in good faith.
II. REVISIONS
A. The following changes are made to clause 199 entitled, “FAR and DFARS Provisions/Clauses”:
1. Add the following FARS clauses:
52.209-6
PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH
CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT
52.223-5
POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION
NOTE: Applicable to Orders that provide for performance, in whole or in part, on a Federal
facility.
52.232-39
UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS DISPUTES
52.242-4
CERTIFICATION OF FINAL INDIRECT COSTS
52.246-3
INSPECTION OF SUPPLIES – COST-REIMBURSEMENT
NOTE: Applicable to orders where a Cost-Reimbursement contract is contemplated.
52.246-7
INSPECTION OF RESEARCH AND DEVELOPMENT – FIXED PRICE
NOTE: Applicable to Fixed Price Orders for Research and Development that are expected to
exceed the simplified acquisition threshold.
52.246-8
INSPECTION OF RESEARCH AND DEVELOPMENT – COST REIMBURSEMENT
NOTE: Applicable to Orders for Research and Development where a Cost-Reimbursement
contract is contemplated.
2. Add the following DFARS clauses:
252.204-7005
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ORAL ATTESTATION OF SECURITY RESPONSIBILITIES
252.204-7012
SAFEGUARDING OF UNCLASSIFIED CONTROLLED TECHNICAL INFORMATION
252.203-7002
REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS
252.225-7003
REPORT OF INTENDED PERFORMANCE OUTSIDE THE UNITED STATES AND
CANADA--SUBMISSION WITH OFFER
252.225-7004
REPORT OF INTENDED PERFORMANCE OUTSIDE THE UNITED STATES AND
CANADA--SUBMISSION AFTER AWARD
252.225-7008
RESTRICTION ON ACQUISITION OF SPECIALTY METALS
252.228-7001
GROUND AND FLIGHT RISK
252.234-7003
NOTICE OF COST AND SOFTWARE DATA REPORTING SYSTEM
NOTE: Applicable to Orders that exceed $50 million.
252.234-7004
COST AND SOFTWARE DATA REPORTING SYSTEM
NOTE: Applicable to Orders with a value equal to or greater than $20 million but less than or equal
to $50 million
252.246-7007
CONTRACTOR COUNTERFEIT ELECTRONIC PART DETECTION AND AVOIDANCE
SYSTEM
NOTE: Applicable if Standard Note X1066 or X1067 is included in the Order.
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