ATK AEROSPACE SYSTEMS
SUPPLEMENTAL PROCUREMENT TERMS AND CONDITIONS
DELTA PROGRAMS
NOTE: This is supplement is to be used only in addition to ATK Form TC-1. This supplement should not
be used in a stand-alone capacity.
1.
Right to Use Technical Information
Contractor hereby grants and agrees to grant ATK and ATK’s customer the right to
reproduce and disclose the specifications, records, drawings, data, and any other
technical information to be delivered by Contractor to ATK under this Contract; provided,
however, that nothing contained in this clause will be deemed to grant a license under
any patent or copyright now or hereafter issued. The substance of this clause, including
this sentence, shall be included in all lower-tier subcontracts hereunder. This clause
shall not diminish any rights granted to ATK under any other provisions of this Contract.
2.
3.
Notice of Labor Disputes
(a)
Whenever Contractor has knowledge that any actual or potential labor dispute is
delaying or threatens to delay the timely performance of this Contract, Contractor
shall immediately give notice thereof, and all relevant information with respect
thereto to ATK, and shall notify ATK of any material changes in the information
required hereunder.
(b)
Contractor agrees to insert the substance of this clause, including this paragraph
(b), in any subcontract hereunder when a labor dispute may delay the timely
performance of this Contract.
Release and Use of Information
(This clause only applies to the Delta II Program)
(a)
Contractor shall secure the written approval of ATK before any specifications,
records, drawings, data and other technical information, classified or unclassified,
developed under this Contract are released to anyone other than the
Government, Contractor’s directors, officers, and employees, accountants and
attorneys for Contractor, to the extent that may be reasonable and necessary, or
to those of Contractor’s subcontractors requiring the information for the
performance of their duties under the specific scope of this Contract,
(b)
Any specifications, records, drawings, data and other technical information
furnished to Contractor by ATK under this Contract shall be returned to ATK
upon request. Notwithstanding the foregoing, Contractor may utilize any such
information for the manufacture by Contractor of articles for end use by the
Government to the extent that the Government has the right to the use of such
information.
FORM FFI-0013-104 (REV 12-10)
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(c)
4.
The substance of this clause, including the substance of this paragraph (c), shall
be extended by Contractor to all lower-tier subcontractors hereunder.
Single Standard of Quality
(This clause only applies to the Delta II Program)
As a single standard of quality, parts that are utilized on the Graphite Epoxy Rocket
Motor are considered to be common parts for Delta II (Air Force), (Commercial), and
(NASA) programs and may be used interchangeably on the Delta II programs. These
parts are to be produced to a single standard of quality. This requires:
5.
(a)
Commercial and NASA Delta II motors to be built identically to the standards of
quality required by the Air Force Delta II contract.
(b)
All materials and supplies, not conforming to Delta II Contract requirements, be
handled according to the Delta II authorized nonconforming material procedures,
and dispositions established by these procedures shall be final and applicable to
the entire lot under consideration.
(c)
All procedures and operations pertaining to commonly handled supplies be
subject to the disapproval of the Quality Assurance Representative (QAR).
(d)
A copy of this Contract is to be provided to your Government QAR.
(e)
This clause shall be included in all subcontracts requiring Government Source
Inspection.
Enabling Clause for General Systems Engineering and Integration
(This clause only applies to the Delta II Program)
(a)
This Contract covers part of the Medium Launch III Program, which is under the
general program management of the Air Force Space Systems Command
(SMC). 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.
(b)
General Systems Engineering and Integration (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
trade-offs; 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 meeting with contractors and
subcontractors, exchange and analysis of information on progress and problems,
review of plans for future work; development of solutions to problems, technical
alternatives for reduced program risk, providing comments and recommendations
in writing to the DOD System Program Manager and/or Project Officer as an
independent technical assessment for consideration for modifying the program or
redirection of the Contractor’s efforts; all to the extent necessary to assure timely
and economical accomplishment of program objectives consistent with mission
requirements.
FORM FFI-0013-104 (REV 12-10)
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(c)
In the performance of this Contract, Contractor agrees to cooperate with The
Aerospace Corporation by responding to invitations from authorized personnel to
attend meetings; by providing access to technical information and research,
development and planning data such as, but not limited to design and
development analysis, 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 Subcontract Data Requirements List (SDRL); 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 general systems engineering and integration
efforts are authorized access to any technical information pertaining to this
Contract.
(d)
Contractor further agrees to include in each lower tier subcontract a clause
requiring compliance by each such 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
Contractor of its responsibility to manage the lower tier subcontracts effectively
and efficiently, nor is it intended to establish privity of contract between ATK,
Lockheed Martin, the Government or The Aerospace Corporation and such lower
tier subcontractors.
(e)
The Aerospace Corporation personnel are not authorized to direct the Contractor
in any manner. Contractor agrees to accept technical direction as follows:
(1)
Technical direction under this contract will be given to Contractor solely
by ATK.
(2)
Whenever it becomes necessary to modify this Contract and redirect the
effort, ATK shall issue a modification to this Contract.
FORM FFI-0013-104 (REV 12-10)
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