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Full Text Clauses
3. REPRESENTATIONS AND CERTIFICATIONS
(vii) SECONDARY ARAB BOYCOTT OF ISRAEL (Refer to the Part III DFARS clause entitled
“252.225-7031, Secondary Arab Boycott of Israel (APR 2003)”.)
Certification. If the Seller/Supplier is a foreign person as defined in the clause, by submission
of an offer or by commencing work, it certifies that it –
(1) Does not comply with the Secondary Arab Boycott of Israel; and
(2) Is not taking or knowingly agreeing to take any action, with respect to the Secondary
Boycott of Israel by Arab countries, which 50 U.S.C. App. 2407(a) prohibits a United
States person from taking.
4. PUBLIC RELEASE OF INFORMATION (including NNPI)
(1) Information, data, photographs, sketches, advertising, displays, promotional brochures, or other
materials related to Work under this Purchase Order, which Seller desires to publish, display, or release
internally, to other contractors, to Government agencies, or to the public, requires prior Buyer approval
and shall be transmitted to the Buyer at least eight weeks prior to the desired printing or release date.
Information and technical data described above may NOT be transmitted over the internet (except in
certain cases when suitably encrypted and prior written approvals have been obtained) or posted to an
internet home page. Posting information and/or technical data subject to export control on the Web is to
be treated as tantamount to public disclosure.
This includes descriptive or promotional material which links or relates, directly or indirectly, Seller’s
product line, manufacturing facilities, or manufacturing capabilities to performance of Naval Nuclear
Propulsion work. As part of the approval request, Seller shall identify the specific media to be used, as
well as other pertinent details of the proposed release.
All releases, regardless of tier of supplier, must have prior written approval of the Buyer (and
the Government, when required).
Should any information described above be requested, subpoenaed, or otherwise sought by a court of
competent jurisdiction or other judicial or administrative authority, this should be promptly brought to the
attention of Buyer to permit appropriate measures to be taken to protect the information. Under no
circumstances should this information be released to such authority without prior notification and
agreement of the Buyer.
(2) In accordance with Government policy and Buyer’s requirements, release or publication of any
information, data, speeches, advertisements, press releases, photographs, promotional brochures, technical
papers, and the like that is related to the material or services produced or provided in performance of this
Purchase Order whether it be Naval Nuclear Propulsion Work or otherwise, as well as reference to
Electric Boat Corporation and its parent, General Dynamics Corporation, or any of their officers, agents,
and employees, is prohibited unless prior Lockheed Martin (LM) written authorization for release or
publication has been requested and obtained by Seller in writing.
As identified elsewhere herein:
(a) Naval Nuclear Propulsion Information (NNPI) must be protected from unauthorized
release. NNPI may only be disclosed to U.S. citizens with a legitimate need to know for
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(b)
(c)
(d)
(e)
performance of this purchase order and who are not otherwise prohibited from receiving
NNPI (e.g., U.S. citizen representatives of foreign nationals or foreign interests, etc.)
Dual Citizenship - Special controls identified in NAVSEAINST 5511.32C apply prior
to providing NNPI to U.S. citizens with dual citizenship.
Refer to the other clauses herein dealing with NNPI and other export controls.
Seller must insure that all required licenses and/or approvals are obtained prior to any export or
disclosure of technical data or equipment subject to export control, whether such export takes
place in the U.S. or abroad; and
Prior EB written approval is required prior to the export or disclosure to other than U.S. persons
(as defined in the ITAR), whether in the U.S. or abroad, of any equipment or technical data
subject to export control.
In addition, Seller must comply with all distribution restrictions (e.g., Distribution Statement D;
NOFORN; etc.) and other markings on documents.
Provisions similar to the foregoing shall be flowed down to lower-tier subcontractors at any tier.
5. SECURITY REQUIREMENTS
(1) Classified Access - If this Purchase Order requires access to classified information, special
security requirements apply as identified in the security clause in Part III entitled “FAR 52.204-2,
Security Requirements (Modified)”. In such case, the information contained in the Contract Security
Classification Specification (DD Form 254) provided by LM is hereby incorporated by reference and is
provided to assist you in meeting these security requirements.
(2) Classified Data Shipment – Classified documents shall be packaged separately and shipped in
accordance with the Security requirements of the Purchase Order to:
(Outside label)
Lockheed Martin Space System Company
P.O. Box 246
Cape Canaveral, FL 32920
Ensure that the inside package is sealed and marked with the proper classification.
(Inside label)
Lockheed Martin Space Systems Company
P.O. Box 246
Cape Canaveral, FL 32920
Attn: Document Control
Ensure that the transmittal paperwork indicates who the final recipient for the document/package
should be.
(3) Technical Data and Hardware Subject to Export Control – Refer to the clauses and provisions in
these terms and conditions and the Purchase Order relating to export control. Failure to comply with
export control laws and regulations may result in severe civil and criminal penalties.
(4) Naval Nuclear Propulsion Information (NNPI) – NNPI, both classified and unclassified, is subject
to export control under the International Traffic in Arms Regulations (ITAR) of the U.S. State
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Department as well as more stringent contractual access control requirements. Refer to the clauses and
provisions in these terms and conditions and the Purchase Order relating to NNPI.
6.a EXPORT RELATED REQUIREMENTS
(Refer also to Part II requirements and the Part IV Clause no. 415 entitled, “DFARS 252.204-7008,
Requirements for Contracts Involving Export-Controlled Items”.)
(i) Export Compliance. Seller is advised that its performance of this Purchase Order may involve the
use of or access to articles, technical data or software that is subject to export controls under 22 United
States Code 2751 – 2796 (Arms Export Control Act) and 22 Code of Federal Regulations 120-130
(International Traffic in Arms Regulations) or 50 United States Code 2401 – 2420 (Export Administration
Act) and 15 Code of Federal Regulations 768 – 799 (Export Administration Regulations) and their
successor and supplemental laws and regulations (collectively hereinafter referred to as the "U.S. Export
Laws and Regulations").
Seller represents and warrants that it is either:
(1) a U.S. Person as that term is defined in the U.S. Export Laws and Regulations, or that
(2) it has disclosed to Purchaser’s Representative in writing the country in which it is incorporated or
otherwise organized to do business, or if a natural person, all citizenships and U.S. immigration status.
Seller shall comply with any and all U.S. Export Laws and Regulations, and any license(s) issued
thereunder.
(ii) Non-U.S. Personnel. Seller shall not give any non- “U.S. Person” (includes non-U.S. entities and
representatives of non-U.S. entities, regardless of nationality) access to Technical Data, software or
Defense Articles, or provide an unauthorized Defense Service as those terms are defined in the applicable
U.S. Export Laws and Regulations without the prior written consent of Purchaser and obtaining all
required licenses and approvals.
Disclosure of NNPI is even more restricted (Refer to 5.(4) and Part II). Any request for such consent
must state the intended recipient’s citizenship(s), and status under 8 U.S.C. 1101 and 8 U.S.C. 1324 (the
"Immigration and Naturalization Act"), and such other information as Purchaser may reasonably request.
No consent granted by Purchaser in response to Seller’s request hereunder shall relieve Seller of its
obligations to comply with the provisions of (i) above or the U.S. Export Laws and Regulations, nor shall
any such consent constitute a waiver of the requirements of (i) above, nor constitute consent for Seller to
violate any provision of the U.S. Export Laws and Regulations.
(iii) Indemnification. Seller shall indemnify and save harmless Purchaser from and against any and all
damages, liabilities, penalties, fines, costs, and expenses, including attorneys fees, arising out of claims,
suit, allegations or charges of Seller’s failure to comply with the provisions of this paragraph and breach
of the warranty set forth in (i) above. Any failure of Seller to comply with the requirements or any breach
of the warranty contained in this paragraph shall be a material breach of this Purchase Order
(iv) Subcontracts. The substance of this paragraph shall be incorporated into any subcontract entered
into by the Seller for the performance of any part of the work under this Purchase Order.
6.b IMPORTER OF RECORD; ANTI-DUMPING WARRANTY; DUTY-FREE ENTRY
(This clause applies if this purchase order/letter contract involves in any manner an import into the
customs territory of the United States.)
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(1) Importer of Record - All imports for which LM has identified that LM will be the importer of
record must be coordinated with the LM Buyer and with LM’s Customs Broker (contact Buyer for
details) prior to shipment. Failure to comply may result in the shipment being rejected or refused and
returned to Seller at Seller‘s expense.
(2) Anti-Dumping Warranty - If elsewhere in this purchase order/letter contract, LM is indicated as
the “importer of record”, Seller agrees and warrants that all sales hereunder are or will be made at not less
than fair value under the United States Anti-Dumping Laws (19 U.S.C. 1673 et seq.).
(3) Duty-Free Entry (DFE) – Seller is to coordinate all shipments under this order with the LM Buyer.
If a prospective import into the United States is eligible for duty-free entry (DFE) due to its classification
in the Harmonized Tariff Schedule of the U.S. (HTSUS) or due to a Trade Agreement, Seller is to take
necessary actions to allow Buyer to obtain DFE.
If not, Seller is to refer to the Part III.1 clause 3.015 herein entitled DFARS 252.225-7013, Duty-Free
Entry, and is to determine with the LM Buyer whether the prospective import into the U.S. is eligible for
DFE under the DFARS clause.
If yes, Seller is to take actions necessary to obtain DFE under the clause. Special marking, labeling,
and packaging apply.
6.d. EXPORT PROHIBITIONS – OFFSHORE PROCUREMENTS
(Applies if your purchase order/subcontract requires the export of unclassified technical data subject to
the United States International Traffic in Arms Regulations (ITAR) (22 CFR 120 et seq.) to “foreign
persons” for offshore procurement of “defense articles”. ITAR 124.13 refers.)
When this clause applies, Seller shall comply with the following requirements for controlling and
protecting technical data:
1. unless otherwise expressly directed by the Buyer in writing, the Seller agrees that it shall deliver, or
have delivered, all of the defense articles to be manufactured or produced in performance of this
subcontract/letter contract/purchase order (collectively “Order”) only to the Buyer in the United States
(“U.S.”) or to an agency of the U.S. Government; and
2. the technical data shall be used only for the manufacture of the defense articles required by this Order
or in performance of work required by this Order; and
3. the technical data shall not be disclosed to any other person or entity, including lower-tier
subcontractors in the same country, unless such person or entity is expressly authorized pursuant to an
approved U.S. export license or agreement and unless prior written Buyer approval has been granted.
This prohibition on the further disclosure of export - controlled technical data applies to both technical
data furnished by, or on behalf of, Buyer and to any such technical data incorporated in documents
generated by Seller and/or Seller‘s lower-tier subcontractors; and
4. neither the Seller nor any other “foreign person’ or foreign entity, including Seller‘s lower-tier
subcontractors, may acquire any rights in the technical data; and
5. the Seller, as well as all lower-tier subcontractors at all tiers, shall return to the Buyer in the U.S., or at
the Buyer‘s written direction, destroy, ALL of the technical data exported to the Seller pursuant to this
Order at the completion, fulfillment, expiration, or termination of this Order; and
6. the Seller agrees to incorporate all of the prohibitions, restrictions, and limitations of this clause in all
lower-tier subcontracts between “foreign persons” for the manufacture of equipment and defense
articles (as well as components, subcomponents, and parts thereof) for delivery pursuant to this Order,
and Seller shall require its lower-tier subcontractors at all tiers to do likewise.
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6.e RESTRICTION ON ACCESS TO EXPORT-CONTROLLED EQUIPMENT AND
TECHNICAL DATA BY CERTAIN EMPLOYEES
(1) Third country national employees of Seller (i.e., employees of Seller who are neither U.S.
nationals nor nationals of the Seller‘s country) are NOT authorized to receive or to have access to U.S.
export-controlled equipment and technical data without separate prior written authorization/approval by
Buyer and by the U.S. Government.
(2) Seller shall impose a similar restriction on its lower-tier subcontractors under this Order.
7. EXPORT CONTROL MARKING
In addition to the requirements of this paragraph, the Seller shall comply with all other requirements
relative to Naval Nuclear Propulsion Information wherever located in this Purchase Order.
Seller shall place the following statement on documents containing defense technical data that is
controlled by the Arms Export Control Act:
"WARNING - This document contains technical data whose export is restricted by the Arms
Export Control Act (Title 22, U.S.C. Sec. 2751, et seq.) or the Export Administration Act of
1979, as amended, Title 50, U.S.C., App 2401, et seq. Violations of these export laws can result
in severe criminal penalties. Disseminate in accordance with provisions of OPNAVINST
5510.161."
Seller agrees to insert in all subcontracts issued under this Purchase Order, a contract provision
substantially the same as this paragraph including this sentence.
8. SAFEGUARDING INFORMATION AND TECHNICAL DATA; ACCESS CONTROL
PLAN/TECHNOLOGY CONTROL PLAN; REGISTRATION WITH THE U.S. STATE
DEPARTMENT; AND CERTIFICATION UNDER THE U.S./CANADA JOINT
CERTIFICATION PROGRAM
It is your responsibility to comply with export control law and regulations as well as contractual
requirements and to prevent unauthorized disclosures (including visual disclosures) of export-controlled
equipment and technical data.
(a) Safeguarding Information and Technical Data.
You are solely and expressly responsible to insure that you safeguard equipment and technical data
subject to export control from unauthorized disclosure and that any dissemination of such equipment and
technical data is accomplished in accordance with Purchase Order requirements and applicable
Government regulations. In addition, you should insure that all required licenses, agreements and other
approvals (including Governmental as well as written LM consent to disclose) are obtained prior to any
export or disclosure to unauthorized persons or entities or prior to any public release.
Severe civil and criminal penalties may result from failure to comply with these requirements.
In addition to any other penalties that may be imposed, failure to comply shall also be a breach of
this contract and grounds for termination of this Purchase Order for Default.
Refer to the Part I and Part II clauses herein addressing export control as well as those dealing with
NNPI. In addition, refer to the Part III DFARS clause 252.204-7000, Disclosure of Information for
additional information.
(b) Access Control Plan/Technology Control Plan (ACP/TCP).
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It is your responsibility to comply with export control laws and regulations as well as contractual
requirements and to prevent unauthorized disclosures (including visual disclosures) of export-controlled
articles, items, and technical data.
If the work you perform for LM requires or will require access to LM proprietary data, militarily
critical technology and/or export-controlled technical data, you are required to have in place a formal,
written Access Control Plan/Technology Control Plan suitable to your organization.
This includes policies and procedures for controlling disclosure of information to your
employees, visitors, subcontractors, etc. who are not “U.S. Persons” (as defined in the International
Traffic in Arms Regulations (“ITAR”)) with a “need to know and, for the more stringent control
requirements for Naval Nuclear Propulsion Information (NNPI), those who are not “U.S. citizens” with a
“need to know” for performance of the work under this Purchase Order (refer to the NNPI restrictions in
Part II and NAVSEAINST 5511.32C for control of NNPI). If access to NNPI is required, the clause
herein entitled Protection of Naval Nuclear Propulsion Information requires that you have such
safeguards, policies, and procedures.
Unless specific prior written LM and LM Customer approval has been requested by Seller and
granted, no person (including one of your own employees) or entity is to be given access to militarily
critical technology or technical data, including NNPI, if they are debarred, suspended, proposed for
debarment, or otherwise ineligible to perform on U.S. or Canadian Government contracts or has violated
U.S. export control laws.
You may not provide access to LM proprietary data, militarily critical technology and/or
technical data, or NNPI to persons other than your otherwise eligible employees or other eligible persons
designated by you to act on your behalf unless such access is permitted by U.S. DoD Directive 5230.25,
by the cognizant U.S. Government Agency, or written authorization by LM.
An ACP/TCP is a your written documented plan developed to prevent the unauthorized export or
disclosure of technical data, regardless of whether in the U.S. or abroad, to unauthorized U.S. citizens,
and to any foreign concern, foreign interest, foreign national, or their representatives (U.S. citizens or
otherwise), including those who are your own agents or employees. An ACP/TCP typically includes, but
is not limited to, details of your company’s written policies and procedures to control and prevent
unauthorized disclosure (including visual disclosure) of export controlled information, technical data, and
hardware to other than ―U.S. Persons‖ (as defined in the ITAR), including any of your own employees
who are ineligible to receive it.
The ACP/TCP should demonstrate your company’s ability to appropriately secure, handle, and
safeguard from unauthorized actual, potential or inadvertent release any LM proprietary data as well as
any export controlled technical data and hardware to persons and other entities ineligible to receive it,
including those made by you, your employees, and lower-tier subcontractors.
An ACP/TCP would likely address security measures determined necessary to reasonably prevent
the possibility of inadvertent access by non-U.S. citizen employees and visitors to information for which
they are not authorized. The ACP/TCP should also prescribe measures designed to assure that access by
non-U.S. citizens is strictly limited to only that specific information for which appropriate Federal
Government disclosure authorization has been obtained; e.g., an approved export license or technical
assistance agreement. Unique badging, escort, segregated work area, security indoctrination schemes, and
other measures that are appropriate to your organization should be addressed in your ACP/TCP.
NNPI - If you are eligible to receive access to Naval Nuclear Propulsion Information (NNPI) and
expect to have a ―need to know‖ for NNPI, an ACP/TCP is required. It should address the more stringent
requirements for safeguarding and controlling NNPI identified in NAVSEAINST 5511.32C; NAVSEA
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5252.227-9100, Protection of Naval Nuclear Propulsion Information, and NAVSEA 5252.227-9101,
Transmission Abroad of Equipment or Technical Data Relating to the Nuclear Propulsion of Naval Ships.
If you will require access to Naval Nuclear Propulsion Information (NNPI) and are otherwise eligible
to receive NNPI (Refer to NAVSEAINST 5511.32C, as applicable), the clause herein entitled
―Protection of Naval Nuclear Propulsion Information‖ requires that you have such safeguards, policies
and procedures. The ACP/TCP should address the more stringent controls for access to NNPI which is, in
part, limited to only ―U.S. citizens‖ with a need to know for performance of the work under this
Purchase Order (see Part II NNPI restrictions and the applicable revision of NAVSEAINST 5511.32C).
This also assumes that the recipients of such technical data are not debarred, suspended, proposed for
debarment or otherwise found by any Federal agency to be ineligible to participate in such work.
Resources: There are a number of resources for guidance in developing an ACP/TCP. Some include
the U.S. State Department, Directorate of Defense Trade Controls, Website
(http://www.pmddtc.state.gov/) that offers general guidelines for an export compliance program (click on
“Reference Library/Site Map”, “Compliance”, “Compliance Program Guidelines”). The Defense Security
Service (DSS) provides a sample Technology Control Plan (TCP) on its Web Site
(www.dss.mil/isp/foci/sample_tech_con_plan.html).
(c) Registration with the U.S. State Department.
Doing business with LM requires that you comply with all applicable laws and regulations
including the International Traffic in Arms Regulations (“ITAR”).
If you manufacture or export “defense articles” or furnish “defense services” (ITAR Part 122.1)
or are a broker involved in brokering activities regarding defense articles or defense services (ITAR Part
129.3), the ITAR (22 CFR 120-130) requires, with few exceptions, that you register with the U.S. State
Department, Directorate of Defense Trade Controls (DDTC). Refer to the U.S. State Department, DDTC
web site http://www.pmddtc.state.gov/registration.htm for further information. Part 122 of the ITAR,
―Registration of Manufacturers and Exporters‖ states, in part:
Section 122.1, ―Registration requirements‖ states:
(a) Any person who engages in the United States in the business of either manufacturing or
exporting defense articles or furnishing defense services is required to register with the
Office of Defense Trade Controls. Manufacturers who do not engage in exporting must
nevertheless register.
(b) Exemptions. Registration is not required for:
(1) Officers and employees of the United States Government acting in an official
capacity.
(2) Persons whose pertinent business activity is confined to the production of unclassified
technical data only.
(3) Persons all of whose manufacturing and export activities are licensed under the
Atomic Energy Act of 1954, as amended.
(4) Persons who engage only in the fabrication of articles for experimental or scientific
purpose, including research and development.
(c) Purpose: Registration is primarily a means to provide the U.S. Government with
necessary information on who is involved in certain manufacturing and exporting
activities. Registration does not confer any export right or privileges. It is generally a
precondition to the issuance of any license or other approval under this subchapter.
Section 129.3, Requirements to Register, states, in part:
(a) Any U.S. person, wherever located, and any foreign person located in the United States or
otherwise subject to the jurisdiction of the United States (notwithstanding section 120.1(c)), who
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engages in the business of brokering activities (as defined in this part) with respect to the
manufacture, export, import, or transfer of any defense article ore defense service subject to the
controls of this subchapter (see part 121) or any “foreign defense article or defense service” as
defined in section 129.2) is required to register with the Directorate of Defense Controls.
(b) Exemptions. (refer to the ITAR)
(d) Certification Under the U.S./Canada Joint Certification Program (JCP).
Performance of work for LM may require you to be certified by the US/Canada Joint Certification
Program (JCP), which establishes your eligibility to receive technical data governed, in the U.S., by DoD
Directive 5230.25 and, in Canada, by the Technical Data Control Regulations (TDCR). This certification
is mandatory for U.S. or Canadian contractors requiring access to unclassified technical data disclosing
militarily critical technology with military or space application that is under the control of, or in the
possession of the U.S. Department of Defense (DoD) or the Canadian Department of National Defence
(DND).
To obtain certification you must submit a DD Form 2345 to the U.S./Canada Joint Certification
Office, along with a copy of the company's State/Provincial License, Incorporation Certificate, Sales Tax
Identification Form or other documentation which verifies the legitimacy of the company.
The form, with instructions, is available at (http://www.dlis.dla.mil/jcp/forms/DD2345Form.pdf)
9.b. FOREIGN CORRUPT PRACTICES ACT PROHIBITIONS (FCPA)
(Applicable to both U.S. and non-U.S. persons and U.S. and non-U.S. business concerns.)
By accepting this subcontract/purchase order or by commencing work of any kind with respect to
this subcontract/purchase order, the Seller certifies and represents that:
(1) it has not taken, and warrants that it will not take, any action(s) with respect to work hereunder
that would cause it, the Buyer, and/or any other party to be in non-compliance with the U.S.
Foreign Corrupt Practices Act of 1977, as amended (15 U.S.C. 78dd-1, et seq.) (“FCPA); and
(2) it has not made or solicited and will not make or solicit any offer, payment, promise to pay, or
authorization to pay any money, gift, or anything of value to any governmental official or any
political party, party official, or candidate, either directly or through an intermediary, corruptly
for the purpose of influencing any official act, omission, or exercise of influence by the
recipient, to assist Buyer or Seller in obtaining or retaining business.
The anti bribery provisions of the U.S. FCPA make it unlawful for a U.S. person, and certain foreign
(i.e., non-U.S.) issuers of securities, to make a corrupt payment to a foreign official for the purpose of
obtaining or retaining business for or with, or directing business to, any person. Since 1998, the antibribery provisions of the FCPA also apply to foreign firms and persons who cause, directly or through
agents, an act in furtherance of such a corrupt payment to take place within the territory of the United
States.
In part, specifically, the anti-bribery provisions of the FCPA prohibit the willful use of the mails or
any means of instrumentality of interstate commerce corruptly in furtherance of any offer, payment,
promise to pay, or authorization of the payment of money or anything of value to any person, while
knowing that all or a portion of such money or thing of value will be offered, given or promised, directly
or indirectly, to a foreign official to influence the foreign official in his or her official capacity, induce the
foreign official to do or to omit to do an act in violation of his or her lawful duty, or to secure any
improper advantage in order to assist in obtaining or retaining business for or with, or directing business
to, any person. (Source: U.S. Dept. of Justice Web Site http://www.justice.gov/criminal/fraud/fcpa/)
Severe penalties may result from failure to comply.
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Seller shall insure that the substance of this clause is included in all lower-tier subcontracts at any
tier.
18. STANDARDS OF CONDUCT FOR VISITORS
For purposes of this clause, the term “Buyer’s owned or controlled premises” shall also include work
under this Purchase Order performed on any EB, Customer, or Government owned or controlled
premises/ property/worksite, including vessels.
Seller agrees that it, its agents, employees, and subcontractors will abide by the following standards
which are subject to periodic revision and shall insure that these standards are provided to the
aforementioned prior to any visit to Buyer’s owned or controlled premises/property/worksite.
 PROHIBITION ON PERSONALLY OWNED COMPUTERS, CAMERAS, CELL PHONES,
SMART PHONES AND/OR PDA’s EQUIPPED WITH A CAMERA, VIDEO OR AUDIO
RECORDER CAPABILITY
Neither computers nor cameras, cell phones, smart phones (e.g., “Blackberry”, etc.), and/or PDAs
equipped with a camera, video or audio recorder may be brought onto EB owned or controlled premises
or, on any vessel.
Certain exceptions for bringing your company-owned (not personally-owned) computer onto
EB’s owned or controlled premises may apply provided prior written EB approval has been granted.
Additional EB written permissions are needed to connect to any EB network or IT (Information
Technology) resource.
Computer peripherals (including without limitation flash drives and thumb drives), and/or PDAs
that have been approved to be brought onto EB owned or controlled premises, may NOT be connected to
any EB network or IT resource without additional prior written EB approval. Contact your EB host with
questions.
Personally owned PDA’s and cell phones NOT equipped with a camera, video or audio recorder
may be brought onto EB owned or controlled premises but may NOT be connected to any EB network or
IT resource without additional prior written EB approval.
 INSPECTION - All computer peripherals (including without limitation flash drives and thumb
drives), cell phones, “smart phones”, and/or PDAs (collectively “PEDs” [Personal Electronic
Devices]) that have been approved to be brought onto EB owned or controlled premises must be
inspected by EB Badge Control or Gate Security and a small white sticker with the EB logo will be
applied to all PEDs approved to come onto the facility.
All items brought onto EB owned or controlled premises are subject to search and/or inspection
and must be surrendered, when requested.
 EB STANDARD CLAUSE Clause 10-89, “CONTRACTOR SAFETY, HEALTH AND
REGULATIONS MANUAL” –
The Seller and persons requiring access to EB owned or controlled premises shall comply with
the requirements contained in the General Dynamics – Electric Boat document entitled, ―Contractor
Safety, Health and Regulations Manual‖, (Revision in effect on the date of RFQ/RFP or date of award,
whichever is later) which may be viewed online at EB’s Web Site www.gdeb.com (click on ―Suppliers‖;
then “Doing Business with EB”).
The Seller’s management and project supervisors, as a minimum, agree that this document has
been fully read and understood and further agree to comply with all rules and regulations set forth therein
and with all OSHA regulations as applicable. They also agree to communicate these requirements to all
persons requiring access on Seller’s behalf to EB owned or controlled premises.
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The Seller agrees to invoke a substantially similar clause on all subcontractors who may require
access to EB owned or controlled premises in performance of this contract/purchase order.
Failure by the Seller or its subcontractors to comply with this clause may, at Buyer’s sole
discretion, be grounds for the Buyer to terminate this contract/purchase order for default by the Seller.
 BACKUP ALARMS ON SUBCONTRACTOR VEHICLES
Commercial vehicles (all vehicles used to perform work or provide a service on behalf of a
company) in the shipyard or on other EB owned or controlled premises shall have a functional backup
alarm or utilize an individual (company employee, EB employee or other) as a safety spotter when
backing up.
 EB VISITOR CONTROL can be reached in Groton, CT at 860-433-1313 and in Quonset Point at
401-268-2470 to answer questions.
 VISITOR PASSES/BADGES
o All visitors are required to possess and plainly display their assigned pass/badge on the upper, left
front side of their body. Passes and temporary or visitor badges must be returned when exiting the
Facility.
o The information contained on your Visitor Pass/Badge may NOT be modified or changed except
by an authorized representative of the EB Security Department.
o Visitors issued "ESCORT REQUIRED" passes must always be accompanied by their assigned
escort.
o Visitors issued "NO ESCORT REQUIRED" passes must stay within their assigned work area.
o Shipboard Access is NOT authorized unless indicated on the reverse side of the Visitor Pass.
Uncleared visitors must be under continuous escort while onboard.
 MATERIAL PASSES/COMPUTER PASSES
 Material/Computer passes are required for the removal of hardware or software from the plant.
Material/Computer passes must be signed by an authorized representative of EB.
 No classified material may be removed without going through the Electric Boat Classified
Document Control Center. Contact your EB host for assistance regarding classified matters.
 SAFETY EQUIPMENT
Hard hats, safety glasses, hearing protection, and other appropriate safety equipment must be worn in
all posted areas.
 RADIATION DOSIMETERS
Radiation Dosimeters must be worn when entering posted areas.
 ELECTROSTATIC DISCHARGE BRIEFING
Visitors will comply with requirements of the Electrostatic Discharge Briefing, if this briefing is
determined to be necessary by the visitor's Hosting Department.
 PERSONAL CONDUCT
Violation of the following guidelines while on Buyer's owned or controlled premises/property/
worksite or onboard ships located on Buyer's owned or controlled premises/property/worksite, may
result in the revocation of visitor privileges and/or immediate expulsion from EB owned or controlled
premises:
1. Willful damage to, or unauthorized removal of, property belonging to Buyer, Buyer's employee,
the Government, or another visitor.
2. Disobedience or insubordination to persons in authority or failure to identify yourself upon
request.
3. The possession or use of alcohol or non-prescription drugs and narcotics or entering the plant
under the influence of illegal drugs or alcohol.
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
4. Possession of firearms, weapons, cameras, cell phones with camera capability, or any other
devices with still picture, video, or sound recording capabilities.
5. Smoking at a time or place not authorized.
6. Willful violation or disregard of health, safety, security, traffic, parking lot, or other EB rules and
regulations.
7. Solicitation of employees for donations or membership in organizations, circulation of petitions,
sale of tickets or merchandise, etc. without specific approval.
8. Entering Buyer's property without proper authorization or deliberately permitting another person
to use your badge.
9. Gambling, lotteries, or any other games of chance.
10. Committing any acts of violence, fighting, or improper or immoral conduct.
11. Violation of Governmental laws and regulations.
DEFAULT - In addition to any other remedies Buyer may be entitled to, Buyer may, without notice
and an opportunity to cure: (i) terminate this Purchase Order for Default if Seller fails to comply with
any of the provisions of this clause; or (ii) expel from Buyer’s owned or controlled premises/property/
worksite, any employee, subcontractor or agent of Seller found violating any of the provisions of this
clause or of paragraph (4) of the clause entitled “Work on Buyer’s Owned or Controlled
Premises/Property/ Worksite”.
21. MERCURY EXCLUSION (NAVSEA) (Mar 1998) (Modified)
Mercury or mercury containing compounds shall not be intentionally added or come in direct contact
with hardware or supplies furnished under this contract.
Unless expressly identified and authorized in this purchase order, all goods, components, hardware,
and/or supplies delivered under this Purchase Order shall not be, contain, or have come in direct contact
with mercury, mercury compounds or with any mercury containing device employing a single boundary
of containment. Mercury contamination will be cause for rejection of the goods and correction or
replacement shall be at Seller’s expense.
22. POLYCHLORINATED BIPHENYLS PROHIBITION
Unless expressly identified and authorized in this purchase order, Seller shall not employ equipment
or use or deliver material that is known or suspected of containing polychlorinated biphenyls (PCBs) and
LM will not accept, store or dispose of any PCBs or items containing known or suspected PCBs. PCB
contamination will be cause for rejection of the goods and correction or replacement shall be at Seller’s
expense.
23. TOXIC SUBSTANCES/HAZARDOUS MATERIAL RESTRICTIONS & PROHIBITIONS
(Refer also to FAR 52.223-3; 52.223-11; and 52.223-12.)
Purchaser will not accept, store or dispose of any toxic substances or hazardous material except as
and to the extent, if at all, expressly provided for in this Purchase Order.
In particular, paints or primers on products required by this Purchase Order which contain the
following components shall not be shipped without prior written approval by the Purchaser: arsenic,
mercury, lead, chromates, or organo-metallic material.
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Materials containing asbestos shall not be provided without Purchaser's prior written permission.
If invoked specifications and standards permit other materials, they shall be used in lieu of asbestos.
In addition, materials which contain any of the toxic or hazardous substances as specified by
OSHA 29 CFR1910.1001 – 1910.1052 are specifically prohibited from being delivered in performance of
this Purchase order unless prior written approval is granted or unless the Purchase Order by its terms
specifies the delivery of materials listed as toxic or hazardous.
For all material or items containing toxic or hazardous substances, Seller shall provide all
relevant information pursuant to the Occupational Safety and Health Act (OSHA) regulations 29 CFR
1910.1200 including a completed Material Safety Data Sheet (MSDS) and the mandated labeling
information.
Refer also to the clauses in the LM CorpDocs entitled FAR 52.223-3, Hazardous Material
Identification and Material Safety Data and 252.223-7001, Hazard Warning Labels as well as the other
clauses herein addressing packing, packaging, and labeling.
24. BRASS AND COPPER BLACK OXIDE COATED THREADED FASTENERERS
Seller shall not use brass or copper black oxide coated threaded fasteners when installing or replacing
threaded fasteners in the accomplishment of any work required by this Purchase Order.
25. PROHIBITION OF YELLOW WRAPPINGS OR PROTECTION DEVICES; RADIOACTIVE
MATERIALS
(a) SELLER SHALL NOT USE YELLOW WRAPPING MATERIAL OR ATTACHED
YELLOW PROTECTION DEVICES SUCH AS CAPS OR PLUGS.
(b) Radioactive Materials and Materials Associated with Radioactive Material – The following
items shall not be brought onto Electric Boat Corporation owned or controlled property, without prior
written approval:
1. Yellow plastic wrapping materials
 Bags
 Herculite
 Polyethylene Sheeting
2. Radioactive Material
3. Radiation Measurement Equipment
4. Yellow coveralls, hoods & shoe covers that could be mistaken as Anti-Contamination
clothing. (Yellow rain coats are permitted.)
5. Any items bearing the standard radiation symbol. (10 CFR 20.203 & ANSI N2.1)
6. Any materials which convey or imply a message concerning radioactivity (e.g., signs, labels,
warning ribbons, etc.)
Note: Electric Boat Corporation uses yellow/magenta mesh ribbon and yellow/magenta rope to
identify radiation areas. Do not bring these into the shipyard.
28. DELIVERY OF REQUIRED DRAWINGS, TEST REPORTS, SOFTWARE AND OTHER
DATA
All drawings, procedures, manuals, forms, test reports, software (including software documentation)
and other Seller provided data ("Seller Data") shall comply with the requirements of this Purchase Order
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and shall be delivered to Purchaser on or before the time specified in this Purchase Order, or if no time is
specified, 45 days after receipt of this Purchase Order.
Seller shall submit Seller Data to the address specified in the Purchase Order. If no address is
specified or Seller is unsure of where to send the Seller Data, Seller shall contact Purchaser’s contact
person identified on the face of this Purchase Order for further instructions.
Purchaser may withhold payment if Seller fails to deliver any Seller Data in accordance with the
requirements of this paragraph.
When furnished with the shipment, Seller shall enclose all required documents and data in the first
box of the shipment and mark, CERTIFICATES AND/OR TEST REPORTS ENCLOSED.
29. DISPOSITION OF DRAWINGS AND SPECIFICATIONS
Unless otherwise specified, upon completion of work by Seller under this Purchase Order, Seller shall
promptly return to Buyer all drawings, specifications, and other data or papers furnished by Buyer in
connection herewith together with all copies or reprints then in Seller’s possession or control, and Seller
shall thereafter make no further use of any such drawings, specifications, data or papers or of any
information derived from them without Buyer’s prior written consent.
This restriction does not apply in the event:
(a) The Seller obtains such drawings, specifications, data, or papers, or any information derived
from them legally from another source; or
(b) Such drawings, specification, data, or papers are Government property and the Government,
directly or indirectly, authorizes such further use by Seller.
However, nothing in this clause shall be deemed to reduce or contravene any rights in technical data
or computer software that the Seller or a lower-tier subcontractor at any tier can legitimately assert under
the clauses of this Purchase Order dealing with rights in technical data and/or rights in computer software
and computer software documentation.
30. SHIPPING AND LABELING INSTRUCTIONS AND DELIVERIES
(c) Asbestos Warning: Materials containing asbestos shall not be provided without Purchaser's prior
written permission. Asbestos is a human carcinogen which represents a hazard to personnel handling or
otherwise working with it. Any asbestos or asbestos containing material permitted to be supplied on this
order must be annotated on the packing list and must be identified accordingly with appropriate OSHA
approved labels or tags to inform all personnel who handle or work with the material of the potential
asbestos hazard.
(f) Toxic Substances and Hazardous Material Marking - Seller shall also mark packages and
paperwork with all markings and labeling that may be required to comply with any law and regulation,
including those OSHA mandated markings for shipments of material or items containing toxic or
hazardous substances.
60.
ACCESS TO PROPRIETARY DATA OR COMPUTER SOFTWARE
1. Performance under this Purchase Order may require that the Seller have access to technical data,
computer software, or other sensitive data of another party who asserts that such data or software is
proprietary. If access to such data or software is required or to be provided, the Seller shall enter into a
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written agreement with such party prior to gaining access to such data or software. The agreement shall
address, at a minimum,
(a) access to, and use of, the proprietary data or software exclusively for the purposes of
performance of the Work required by this Purchase Order; and
(b) safeguards to protect such data or software from unauthorized use or disclosure for so long as
the data or software remains proprietary.
In addition, the agreement shall allow Buyer and Government or their employees the same access
to such data or software, as provided to Seller. A copy of the executed agreement shall be provided to the
Buyer. The Buyer may unilaterally modify the Purchase Order to list those third parties with which the
Seller has agreement(s).
2. The Seller agrees to:
(a) indoctrinate its personnel who will have access to the data or software as to the restrictions
under which access is granted;
(b) not disclose the data or software to another party or other Seller personnel except as
authorized by the Buyer;
(c) not engage in any other action, venture, or employment wherein this information will be used,
other than under this Purchase Order, in any manner inconsistent with the spirit and intent of this
requirement;
(d) not disclose the data or software to any other party, including, but not limited to, joint
venturer, affiliate, successor, or assign of the Seller; and
(e) reproduce the restrictive stamp, marking, or legend on each use of the data or software
whether in whole or in part.
3. The restrictions on use and disclosure of the data and software described above also apply to such
information received from the Buyer through any means to which the Seller has access in the performance
of this Purchase Order that contains proprietary or other restrictive markings.
4. The Seller agrees that it will promptly notify the Buyer of any attempt by an individual, company,
or Buyer representative not directly involved in the effort to be performed under this Purchase Order to
gain access to such proprietary information. Such notification shall include the name and organization of
the individual, company, or Buyer representative seeking access to such information.
5. The Seller shall include this requirement in subcontracts of any tier which involve access to
information covered by paragraph 1.
70. COMPUTER SOFTWARE AND DATABASES/ANTI-VIRUS WARRANTY [Leigh Anne: Lisa
Smith said to add.]
The Seller shall test all computer software and/or databases, as defined in the clause entitled Rights in
Noncommercial Computer Software and Noncommercial Computer Software Documentation (DFARS
252.227-7014), for computer viruses before delivery of such software and/or databases in any medium or
in any system. All software and/or databases delivered by Seller shall contain no known viruses that are
detectable with the latest version of commercially available virus detection software.
Software and hardware provided by the Seller under this order shall not contain computer viruses
or other malicious software. In fulfilling the terms of this order, the Seller agrees to take precautions to
avoid conveying computer viruses or other malicious software to the Buyer. Specifically, all computer
files, disks, memories, or other media provided by the Seller to the Buyer (other than third party supplier
software in its original, unopened packaging materials) will be checked by the Seller prior to delivery to
the Buyer to detect and remove any computer virus or other malicious software. The virus check that is
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performed by Seller will include checks with current, up-to-date anti-virus software and any virus
problems that are found during the check (or later found by the Buyer) will be fixed by the Seller.
A statement verifying that the check has been made will be included by the Seller with the
deliverable when it is delivered to the Buyer.
Seller shall test any software and/or databases received from Purchaser or Purchaser's customer
for viruses prior to use in performing this Purchase Order. Seller shall provide Purchaser with immediate
written notice of any viruses detected in Purchaser-provided software and/or databases.
Unless otherwise agreed in writing, any license agreement covering the use of any computer
software and/or databases delivered under this Purchase Order must be paid-up and perpetual, shall not
contain any routine to disable the computer software and/or databases in the future, and shall permit
transfer to Purchaser's customer. No copy-protection devices, codes, or systems shall be used that would
prevent Purchaser or its customer from copying delivered software and/or data; however, a license
agreement or other Purchase Order terms may specify a maximum number of copies that may be made.
Any limited rights or other legend(s) permissibly applied under this Purchase Order shall be digitally
included on the same media as the delivered software and/or databases, and also displayed in humanreadable form on a visible surface of the media carrying the digital software and/or databases.
202. COMMON STANDARD FOR CONDUCTING A BACKGROUND RECORDS CHECK OF
NON-GENERAL DYNAMICS EMPLOYEES
If unescorted access to operating areas of General Dynamics’ or Lockheed Martin’s facilities is
required, or if access to one or more of General Dynamics’ or Lockheed Martin’s computer networks is
required, or if access to any other areas or information is determined by General Dynamics’ or Lockheed
Martin’s Security Department to require a criminal records check, a credit history check or a background
check, then Seller shall perform such checks as required by General Dynamics or Lockheed Martin and
shall provide such information to Lockheed Martin as requested.
203. NOTIFICATION OF PARTS AND ELECTRONICS OBSOLESCENCE AND/OR
DISCONTINUATION OF PRODUCTION (MODIFIED)
The Buyer may in the future wish to, but makes no commitment to, acquire additional items, parts,
sub-components, and/or components like those to be/being acquired under this purchase order.
The Seller shall notify the Buyer in writing in a timely manner of any obsolescence of (a) parts, subcomponents, and/or components and/or of any (b) electronics in equipment, assemblies, subassemblies,
parts, components or items delivered or to be delivered under this Purchase Order, whether supplied by
the Seller or by the Seller’s lower-tier subcontractor(s), that are or are expected to be going out of
production or that will no longer be commercially available.
To the extent practicable, Seller is to provide Buyer with a “last time buy” notice for such “end-oflife” items and components at least 12 (twelve) months prior to their anticipated date of discontinuance or
unavailability.
Seller is to specifically identify those items by name or title, part number(s), function and location in
the item delivered or the ship system (if known), and the name and address/location of the vendor.
204. NAVSEA 5252.227-9113, GOVERNMENT-INDUSTRY DATA EXCHANGE PROGRAM
(AUG 1997) (MODIFIED)
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(Applies if this Purchase Order is over $500,000.)
(a) The Subcontractor shall participate in the appropriate interchange of the Government-Industry
Data Exchange Program (GIDEP) in accordance with NAVSEA S0300-BU-GYD-010 dated November
1994. Data entered is retained by the program and provided to qualified participants. Compliance with
this requirement shall not relieve Seller from complying with any other requirements of this Purchase
Order.
(b) DELETED as not applicable
(c) GIDEP materials, software and information are available without charge from:
GIDEP Operations Center
P.O. Box 8000
Corona, California 92878
(951) 898-3207 (Ph)
(951) 898-3250 (Fax)
For further information, see this web site: http://www.gidep.org.
207. LOGISTIC SUPPORT REQUIREMENT/MANUFACTURE OF REPAIR PARTS (Based on
NAVSEA 5252.227-9112, MAY 1998, MODIFIED)
If (i) the Seller is providing a ship component or equipment; and (ii) the Purchase Order
specification, by reference to a Military Specification or otherwise, specifies repair parts or stock
components (collectively ―repair parts‖), and (iii) the Seller intends manufacturing the ship component
or equipment outside the United States or Canada; then Seller agrees that, in addition to any other data
required by this Purchase Order, Seller shall furnish sufficient data so that the repair parts can be
reproduced in the United States or Canada. The requirements of this paragraph shall not apply if Seller
has made arrangements satisfactory to the Purchaser and approved by the Government for the
manufacturing of repair parts in the United States or Canada. For the purposes of this paragraph, the term
“sufficient data” means detail drawings and other technical information sufficiently extensive in detail to
show design, construction, dimensions, and operation or function, manufacturing methods or processes,
treatment or chemical composition of materials, plant layout, and tooling. Seller shall provide all data in
English and according to the United States system of weights and measures. All drawings for
components, assemblies, subassemblies and parts protected by U.S. patents shall contain a prominent
notation to that effect fully identifying the patent or patents involved, and bearing the number of the
Buyer’s prime contract and this contract.
Unless Seller has made arrangements satisfactory to the Purchaser and approved by the
Government for the manufacturing of repair parts in the United States or Canada, Seller shall grant, and
shall include in all lower-tier subcontracts for the purchase of ship components or equipments from a
foreign source a clause, acceptable to the Buyer’s Contracting Officer that grants, to the United States
Government for a period of seven (7) years, Government Purpose Rights as defined in the clause of this
Purchase Order entitled Rights in Technical Data – Non Commercial Items (DFARS 252.227-7013) in all
technical data necessary to manufacture spare and repair parts for such components or equipment.
208. NNPI - CONTROL OF NAVAL NUCLEAR PROPULSION INFORMATION (NNPI) &
SECURITY AGREEMENT
(Applies to bid solicitations, letter contracts, and/or purchase orders containing or requiring access
to NNPI.)
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This bid solicitation (e.g., Request for Proposal/Quotation), letter contract, purchase order, and/or
supporting information may contain Naval Nuclear Propulsion Information (NNPI) which is subject to
special export and other controls of the International Traffic in Arms Regulations (ITAR) as well as the
more stringent export and other control requirements for Naval Nuclear Propulsion Information.
Other contractual and/or legal requirements regarding disclosure also apply.
For purposes of this solicitation, letter contract, and/or award, the designation NOFORN indicates
that the document contains unclassified NNPI.
Classified NNPI is identified by other markings designated in NAVSEAINST 5511.32C.
NNPI may only be disclosed to U.S. citizens with a need-to-know.
NNPI may not be disclosed to foreign nationals or immigrant aliens. United States citizens
representing a foreign government, foreign private interest or other foreign nationals, are considered to be
foreign nationals for industrial security purposes and the purpose of this restriction.
The bidder or Seller is required to comply with all NNPI special marking, handling, disclosure, and
disposal requirements of NAVSEAINST 5511.32C.
Disclosure of NNPI to Persons with Dual Citizenship - Special controls identified in NAVSEAINST
5511.32C apply prior to providing NNPI to U.S. citizens with dual citizenship.
Disposal – Seller is required to dispose of documents containing NNPI and components and equipment
that reveal NNPI in accordance with NAVSEAINST 5511.32C. In addition, for components with NNPI
markings, Seller must remove all NNPI markings from material produced under this Purchase Order but
not delivered.
Security Agreement for Protection of NNPI for Bid Solicitations & Purchase Orders
(A) By receiving and acting on this bid solicitation where no Purchase Order yet exists (e.g., RFQ or
RFP) or, as applicable, by accepting this Purchase Order or by commencing work in performance of this
Purchase Order, the prospective bidder (the addressee of the solicitation) or Purchase Order awardee
agrees that when documents provided (e.g., RFQ/RFP bid solicitations, purchase orders, specifications,
drawings, etc.) that are marked as containing NOFORN sensitive or controlled information that must be
controlled pursuant to Federal law or contractual requirements (e.g., NOFORN), that:
(1) The information contained therein and generated as part of the inquiry, solicitation or resulting
purchase order shall be used only for the purpose of preparing the proposal or performance of this
Purchase Order, and
(2) They shall in no case be transmitted outside the prospective bidder’s or awardee‘s company
(except to prospective lower-tier bidder’s who have a specific need to know and to whom the prospective
bidder/awardee has invoked similar controls and unless such transmittals comply with the detailed
guidance of the RFQ/RFP or Purchase Order), and
(3) They shall not be transmitted or disclosed to any foreign national or foreign interest, whether
within or outside the prospective bidder’s or awardee‘s company, and
(4) While in use the documents shall be protected from unauthorized observation, and
(5) They shall be kept secure so as to preclude access by any persons not having a legitimate need to
view them related to the solicitation or Purchase Order, and
(6) They shall not be copied:
(i) unless done in accordance with the provisions of the detailed guidance of the solicitation
and/or subcontract award requirements (including, when applicable, the provisions of the DOE-DOD
Classification Guide for the Naval Nuclear Propulsion Program, CG-RN-1, Revision 3, and its
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Interpretive Guidance Bulletins as well as NAVSEAINST 5511.32C and in accordance with any other
guidance provided), and
(ii) except to the minimum extent required to provide a bid response, and
(7) Following preparation/submittal of the bid solicitation response or performance of any resultant
purchase order awarded, all the documents and copies shall be promptly returned in their entirety to
Buyer unless authorized by Buyer for retention or proper disposal, following completion of the
subcontract.
(B) Specific requirements for Protecting U-NNPI:
(1) Only people who are a U.S. citizen and have a “Need to Know‖ required to execute the contract
shall be allowed access to NNP”.
(2) When not in direct control of an authorized individual, U-NNPI must be secured in a locked
container (e.g., file cabinet, desk, safe, etc.). Access to the container must be such that only authorized
persons can access it and compromise of the container can be visually detected. Containers should have
no labels that indicate the contents. If removed from the site, U-NNPI must remain in the personal
possession of the individual. At no time should U-NNPI be left unsecured in a home or automobile,
unattended in a motel room or sent with baggage, etc.
(3) Documents will have the word NOFORN at the top and bottom of each page. The cover sheet
will have the warning statement shown below. Documents originated in the course of work that
reproduce, expand or modify marked information shall be marked and controlled in the same way as the
original. Media such as video tapes, disks, etc., must be marked and controlled similar to the markings on
the original information.
NOFORN: This document is subject to special
export controls and each transmittal to
foreign governments or foreign nationals
may be made only with the prior approval of
the Naval Sea Systems Command.
(4) U-NNPI may not be processed on networked computers with outside access unless approved by
the Naval Sea Systems Command. If desired, the company may submit a proposal for processing NNPI
on company computer systems. Personally owned computing systems, including, but not limited to,
personal computers (PC), laptops, and Portable Electronic Devices (PED) such as Personal Digital
Assistants (PDA), are not authorized for processing NNPI. Exceptions require the specific approval of the
cognizant Designated Approving Authority (DAA) and Naval Reactors (NR)/NAVSEA 08Y.
(5) U-NNPI may be faxed within the continental U.S. and Hawaii provided there is an authorized
individual waiting to receive the document and properly control it. U-NNPI may not be faxed to facilities
outside the continental U.S., including military installations, unless encrypted by Naval Sea System
Command approved means.
(6) U-NNPI may be sent within the continental U.S. and Hawaii via first class mail in a single
opaque envelope that has no markings indicating the nature of the contents.
(7) Disposal of documents containing U-NNPI shall ensure that the information is not easily
retrievable. Disposing of documents in the same manner as classified documents is preferred.
(8) Report any attempts to elicit U-NNPI by unauthorized persons to the appropriate security
personnel.
(9) Report any compromises of U-NNPI by unauthorized persons to the appropriate security
personnel. This includes intentional or unintentional public release via such methods as theft, improper
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disposal (e.g., material not shredded, disks lost), placement on website, transmission via e-mail, or
violation of the information system containing U-NNPI.
Definitions applicable to this clause are provided in the base instruction NAVSEAINST 5511.32C.
(C) THE PROSPECTIVE BIDDER IS TO RETURN THE BID SOLICITATION IN ITS
ENTIRETY AND ANY COPIES OF DOCUMENTS MADE IN THE EVENT THAT:
1. IT DOES NOT AGREE TO THIS PROVISION. IN SUCH A CASE, THE PROSPECTIVE
BIDDER SHALL BE DEEMED TO HAVE DECLINED TO SUBMIT A PROPOSAL OR TO
HAVE "NO BID" THE SOLICITATION, or
2. IT IS NOT THE RECIPIENT OF THE AWARD.
209. NNPI - CONTROL OF VISITORS AND PROCEDURES TO PROTECT NNPI
(Note: This restriction does not apply to items, components, assemblies, or major subassemblies
that (1) meet the definition of “Commercial Item” as defined in the Federal Acquisition Regulations
(FAR); or (2) that are not defense articles (Refer to the ITAR) specifically designed, developed, modified,
or altered in performance of this Purchase Order; or (3) that are otherwise in the public domain; or (4) that
Seller typically offers for sale and has sold to the general public (“Commercial Items”). However,
notwithstanding the above, this restriction applies to both technical data and hardware subject to U.S.
export control and EB sensitive information that Seller may become aware of or have access to relative to
performance of this Purchase Order.)
”Visitor” as used herein means any person who visits the Seller’s plant, office or facility and who
does not represent either the Seller, Buyer, or the U.S. Government in the performance of this Purchase
Order. This includes Foreign Nationals, whose visits require additional controls above and beyond those
necessary for visits by U.S. Citizens.
A. Except with the written consent of the Buyer, Seller will not permit any Visitors to its plants,
offices, or facilities to view or to examine documents, components, assemblies, or major subassemblies
provided for or to be delivered under this Purchase Order, or to obtain information or data concerning
such documents, components, assemblies, or major subassemblies.
B. Seller must establish procedures that, when implemented, will prevent the release of Classified
and Unclassified Naval Nuclear Propulsion Information (NNPI) to Visitors or; to any other person or
entity, including its own employees, that are otherwise ineligible to receive NNPI; or who do not have an
established need to know for performance of this Purchase Order.
Refer also to the additional requirements of Part I clause herein entitled “Safeguarding Information
… Technical Data”.
C. Seller must also notify the Buyer in advance of any visit to Seller’s plant, office, or facility, to
view or examine documents, components, assemblies, or major subassemblies provided for or delivered
under this order and must ensure similar controls are in effect at all lower-tier suppliers.
210. NNPI - MARKING OF DOCUMENTS CONTAINING NAVAL NUCLEAR PROPULSION
INFORMATION (NNPI)
All documents containing NNPI are subject to special marking, handling and disclosure
requirements contained in this order and NAVSEAINST 5511.32C.
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Documents containing UNCLASSIFIED NAVAL NUCLEAR PROPULSION INFORMATION
shall be marked in accordance with NAVSEAINST 5511.32C and with the following NOFORN Warning
Notice:
“NOFORN: This document is subject to special export controls and each transmittal to
foreign governments or foreign nationals may be made only with prior approval of the
NAVAL SEA SYSTEMS COMMAND.”
Classified NNPI documents have additional special handling and marking requirements. Refer to
NAVSEAINST 5511.32C.
211. NNPI - NAVAL NUCLEAR PROPULSION INFORMATION SECURITY CONTROLS &
ADDITIONAL SECURITY REQUIREMENTS
(This clause applies if performance of this order involves access to NNPI.)
(a) The provisions of the DOE-DOD Classification Guide for the Naval Nuclear Propulsion
Program, CG-RN-1, Revision 3, and its Interpretive Guidance Bulletins and NAVSEAINST 5511.32C
are applicable to all Naval Nuclear Propulsion Information (NNPI) work done under this Purchase Order.
(b) Disclosure of Restricted Data as defined in the Atomic Energy Act of 1954 as amended, relating
to the Naval Nuclear Propulsion Program to employees of contractors granted Limited Clearance under
the provisions of the DOD 5220.22M, National Industrial Security Program Operating Manual
(NISPOM) is denied.
(c) The Seller shall invoke the foregoing provisions, as appropriate, in all subcontracts hereunder
which involve access to NNPI.
212. NNPI – PROTECTION OF NAVAL NUCLEAR PROPULSION INFORMATION (Based on
NAVSEA 5252.227-9100, JAN 1986, MODIFIED)
(This clause applies if during the performance of this Purchase Order, Naval Nuclear Propulsion
Information (NNPI) is developed or used. Definitions applicable to this clause are provided in
NAVSEAINST 5511.32C.)
(a) Naval Nuclear Propulsion Information is defined as that information and/or hardware
concerning the design, arrangement, development, manufacturing, testing, operation, administration,
training, maintenance, and repair of the propulsion plants of Naval Nuclear Powered Ships including the
associated shipboard and shore-based nuclear support facilities.
Seller shall develop and implement written policies and procedures and other safeguards for
the safeguarding from actual, potential or inadvertent release by the Seller, or any subcontractor,
of any Naval Nuclear Propulsion Information in any form, classified or unclassified. Such
safeguards shall ensure that only Governmental, Buyer and Seller parties, including
subcontractors, that have an established need-to-know, have access in order to perform work under
this contract, and then only under conditions which assure that the information is properly
protected. Access by foreign nationals or immigrant aliens is not permitted. A foreign national or
immigrant alien is defined as a person not a United States citizen or a United States National.
United States citizens representing a foreign government, foreign private interest or other foreign
nationals, are considered to be foreign nationals for industrial security purposes and the purpose of
this restriction. In addition, any and all issue or release of such information beyond such necessary
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parties, whether or not ordered through an administrative or judicial tribunal, shall be brought to the
attention of the Buyer's Contracting Officer for Security via Buyer.
(b) The Buyer's Contracting Officer for Security shall be immediately notified by Seller via Buyer
of any litigation, subpoenas, or requests which either seek or may result in the release of Naval Nuclear
Propulsion Information
c) In the event that a court or administrative order makes immediate review by the Contracting
Officer for Security impractical, the Seller agrees to take all necessary steps to notify the court or
administrative body of the Navy's intere0073t in controlling the release of such information through
review and concurrence in any release.
(d) The Buyer's Contracting Agency reserves the right to audit Seller's facilities for compliance
with the above restrictions.
(e) Exceptions to these requirements may only be obtained with prior approval from the
Commander, Naval Sea Systems Command (Contact SEA 09T1). Seller shall make its request for any
exceptions via Buyer.
213. NNPI - TRANSMISSION ABROAD OF EQUIPMENT OR TECHNICAL DATA
RELATING TO THE NUCLEAR PROPULSION OF NAVAL SHIPS
(Based on NAVSEA 5252.227-9101, NOV 1996, MODIFIED)
(Note: Also includes controls for other than equipment or technical data defined as NNPI.)
(a) The supplies specified to be delivered under this contract may relate to the nuclear propulsion of
naval ships.
(b) Equipment and technical data defined as Naval Nuclear Propulsion Information (NNPI) under
NAVSEAINST 5511.32C shall not be disclosed to foreign nationals.
(c) For other than equipment or technical defined as NNPI in paragraph (b) above, except with the
prior written consent of the Buyer and the Contracting Officer (or his designated representative), the
Seller shall not, at any time during or after the performance of this contract, transmit or authorize the
transmittal of, any technical data or equipment as defined in paragraph (d) below,
(1) Outside the United States; or
(2) Irrespective of location,
(i) To any foreign national, not working on this contract or any subcontract hereunder; or
(ii) To any foreign organization (including foreign subsidiaries and affiliates of the
Seller); or
(iii) To any foreign government; or
(iv) To any international organization.
(d) As used in this requirement, the following terms shall have the following definitions:
(1) ―United States‖ means the States, the District of Columbia, Puerto Rico, American
Samoa, the Virgin Islands, Guam, and any areas subject to the complete sovereignty of the United States;
(2) ―Equipment‖ means all supplies of the kind specified to be delivered under this contract,
all component parts thereof, and all models of such supplies and component parts; but ―equipment‖ does
not include standard commercial supplies and component parts, and models thereof;
(3) ―Technical Data‖ means all professional, scientific, or technical information and data
produced or prepared for the performance of this contract, or on or for the operation, maintenance,
evaluation, or testing of any contract item, whether or not the information and data were specified to be
delivered under this contract including, without limitation, all writings, sound recordings, pictorial
reproductions, and drawings or other graphical representations; but ―technical data‖ does not include
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such information and data on standard commercial supplies and component parts to the extent that the
information and data do not relate to the use, operation, maintenance, evaluation and testing of such
supplies and component parts in or in connection with any item, or component parts thereof, specified to
be delivered under this contract.
(e) Flow Down Requirement:
The Seller agrees to insert in all subcontracts under this contract provisions which shall conform
substantially to the language of this requirement, including this paragraph (e).
(f) Notwithstanding any other provisions of this requirement, this requirement shall not apply:
(1) Where the transmittal or authorization for the transmittal of equipment or technical data is
to be made pursuant to a contract or agreement to which the United States is a party; and
(2) Where the transmittal is to be of equipment or technical data which the Buyer’s
Contracting Officer, or his designated representative, has declared in writing to be thereafter exempt from
this requirement.
221. SPECIAL AGREEMENT REGARDING SWITCHBOARD SUBCONTRACTS (NAVSEA)
(Jun 2000) (Modified)
(Refer also to 252.225-7038, Restriction on Acquisition of Air Circuit Breakers (June 2003))
(a) The Government has an interest in maintaining a competitive market for switchboards to be
used on U.S. Naval vessels. The requirements of 10 USC 2534 result in a major component of certain
switchboards (i.e. air circuit breakers) being available from a single domestic source who is also a
competitor for such switchboards. Therefore, the Subcontractor shall evaluate lower-tier subcontract
proposals for such switchboards exclusive of air circuit breaker content or on some other basis that
ensures an equitable switchboard competition.
(b) The Seller shall, in all cases involving subcontracts which contain air circuit breakers for
switchboards, obtain written consent of the Purchaser prior to placing any such subcontract.
411. DFARS 252.237-7023, CONTINUATION OF MISSION ESSENTIAL FUNCTIONS (MAR
2010) (Modified)
(This clause applies if it is specifically identified as applicable in the solicitation, fax award,
subcontract, letter contract, or purchase order. Refer to language in the Order entitled ―Continuation of
Mission Essential Functions‖ to determine if it applies. When applicable, it will apply to those services
that are to be provided by or on behalf of the Seller and/or its subcontractors in accordance with the
requirements of the clause.)
(a) The Government has identified all or a portion of the Contractor services performed under this
Contract as essential Contractor services in support of mission essential functions. When this clause
applies, the Contractor-provided services that have been determined to be essential Contractor services in
support of mission-essential functions are listed in the Order in a clause entitled ―Continuation of
Mission Essential Functions‖.
(b) The Contractor shall provide a written plan for continuing the performance of essential
Contractor Services identified in paragraph (a) of this section during a crisis.
(1) The Contractor shall identify in the plan the provisions made for the acquisition of essential
personnel and resources,
if necessary, for continuity of operations for up to 30 days or until normal operations can be resumed;
(2) The plan must, as a minimum, address –
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(i) Challenges associated with maintaining essential Contractor Services during an
extended event, such as a pandemic that occurs in repeated waves;
(ii) The time lapse associated with the initiation of the acquisition of essential personnel
and resources and their actual availability on site;
(iii) The components, processes, and requirements for the identification, training, and
preparedness of personnel who are capable of relocating to alternate facilities or performing work from
home;
(iv) Any established alert and notification procedures for mobilizing identified ―essential
Contractor service‖ personnel; and
(v) The approach for communicating expectations to Contractor employees regarding their
roles and responsibilities during a crisis.
(3) The Contractor shall maintain and update its plan as necessary and adhere to its
requirements throughout the Contract term. The Contractor shall not materially alter the plan without the
Contracting Officer‘s consent.
(4) As directed by the Contracting Officer, the Contractor shall participate in training events,
exercises, and drills associated with Government efforts to test the effectiveness of continuity of
operations procedures and practices.
(c) In the event the Contractor anticipates not being able to perform any of the essential Contractor
services identified in paragraph (a) of this section during a crisis situation, the Contractor shall notify the
Contracting Officer or other designated representative as expeditiously as possible and use its best efforts
to cooperate with the Government in the Government‘s efforts to maintain the continuity of operations.
(d) The Government reserves the right in such crisis situations to use Federal employees of other
agencies or contract support from other Contractors or to enter into new contracts for essential Contractor
services. Any new contracting efforts would be conducted in accordance with OFPP letter, ―Emergency
Acquisitions‖ May 2007 and FAR and DFARS Subparts 18 and 218, respectively, or any other subsequent
emergency guidance issued.
(e) Changes. The Contractor shall segregate and separately identify all costs incurred in continuing
performance of essential services in a crisis situation. The Contractor shall notify the Contracting Officer
of an increase or decrease in costs within ninety days after continued performance has been directed by
the Contracting Officer, or within any additional period that the Contracting Officer approves in writing,
but not later than the date of final payment under the contract. The Contractor‘s notice shall include the
Contractor‘s proposal for an equitable adjustment and any data supporting the increase or decrease in the
form prescribed by the Contracting Officer. The parties shall negotiate an equitable price adjustment to
the contract price as soon as is practicable after receipt of the Contractor‘s proposal.
(f) The contractor shall include the substance of this clause, including this paragraph (f), in
subcontracts for the essential services.
FAR Clauses
52.203-6, Restrictions on Subcontractor Sales to the Government (Jul 1995) – This clause is already
called out in CorpDocs, but it should be replaced with the July 1995 version.
52.203-12, Limitation on Payments to Influence Certain Federal Transactions (Jun 2003) – This
clause is already called out in CorpDocs, but it should be replaced with the June 2003 version.
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52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred,
Suspended, or Proposed for Debarment (Jul 1995) – This clause is already called out in CorpDocs, but
it should be replaced with the July 1995 version
52.215-2, Audit and Records -- Negotiation (Jun 1999) – This clause is already called out in CorpDocs,
but it should be replaced with the June 1999 version.
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.
52.215-13, Subcontractor Cost or Pricing Data – Modifications (Oct 1997) – This clause is already
called out in CorpDocs, but it should be replaced with the October 1997 version.
52.215-142, 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 (Dec 1998) – This clause is already called out in
CorpDocs, but it should be replaced with the December 1998 version.
52.215-18, Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than
Pensions (Oct 1997) – This clause is already called out in CorpDocs, but it should be replaced with the
October 1997 version.
52.215-21, Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data
- Modifications (Oct 1997) – This clause is already called out in CorpDocs, but it should be replaced
with the October 1997 version.
52.219-8, Utilization of Small Business Concerns (Oct 2000) – This clause is already called out in
CorpDocs, but it should be replaced with the October 2000 version.
52.219-9, Small Business Subcontracting Plan (Jan 2002) – This clause is already called out in
CorpDocs, but it should be replaced with the January 2002 version.
52.222-26, Equal Opportunity (Apr 2002) – The basic clause is already called out in CorpDocs, but it
should be replaced with the April 2002 version
52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other
Eligible Veterans (Dec 2001) – The basic clause is already called out in CorpDocs, but it should be replaced
with the December 2001 version
52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) – The basic 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 (Dec 2001) – The basic clause is already called out in CorpDocs, but it should be replaced
with the December 2001 version
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52.225-13, Restrictions on Certain Foreign Purchases (Feb 2006) – This clause is already called out in
CorpDocs, but it should be replaced with the February 2006 version.
52.227-1, Authorization and Consent (Jul 1995) – This clause is already called out in CorpDocs, but it
should be replaced with the July 1995 version.
52.227-2, Notice and Assistance Regarding Patent and Copyright Infringement (Aug 1996) – This
clause is already called out in CorpDocs, but it should be replaced with the August 1996 version.
52.227-10, Filling of Patent Applications - Classified Subject Matter (Apr 1984) – This clause is
already called out in CorpDocs, but it should be replaced with the April 1984 version.
52.230-2, Cost Accounting Standards (Apr 1998) – This clause is already called out in CorpDocs, but
the April 1998 version applies.
52.230-5, Cost Accounting Standards - Educational Institutions (Apr 1998) – This clause is already
called out in CorpDocs, but the April 1998 version applies.
52.230-6, Administration of Cost Accounting Standards (Nov 1999) – This clause is already called out
in CorpDocs, but the November 1999 version applies.
52.232-17, Interest (Jun 1996) (Applicable if your contract contains any clauses which refers to an
Interest clause)
52.244-6, Subcontracts for Commercial Items (Apr 2003) – This clause is already called out in
CorpDocs, but the April 2003 version applies.
52.246-5, Inspection of Services - Cost Reimbursement (Apr 1996) – This clause is already called out
in CorpDocs, but the April 1996 version applies.
52.249-2, Termination for the Convenience of the Government (Fixed Price) (Sep 1996) – This
clause is already called out in CorpDocs, but the September 1996 version applies.
52.249-6, Termination (Cost Reimbursement) (Sep 1996) – This clause is already called out in
CorpDocs, but the September 1996 version applies.
DFARS Clauses
252.203-7001, Prohibition on Persons Convicted of Fraud or other Defense-Contract-Related
Felonies (Mar 1999) – This clause is already called out in CorpDocs, but the March 1999 version
applies.
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))
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252.209-7000, Acquisition from Subcontractors Subject to On-site Inspection Under the
Intermediate-Range Nuclear Forces (INF) Treaty (Nov 1995) (Applicable to all purchase
orders/subcontracts over $100,000.)
252.219-7003, Small, Small Disadvantaged and Women-owned Small Business Subcontracting Plan
(DoD Contracts) (Apr 1996) – This clause is already called out in CorpDocs, but the April 1996 version
applies.
252.225-7001, Buy American Act and Balance of Payments Program (Apr 2003) – This clause is
already called out in CorpDocs, but the April 2003 version applies.
252.225-7013, Duty-Free Entry (Apr 2003) – This clause is already called out in CorpDocs, but the
April 2003 version applies.
252.225-7015, Restriction on Acquisition of Hand or Measuring Tools (Apr 2003) (Applicable if you
will be delivering hand or measuring tools.)
252.225-7016, Restriction on Acquisition of Ball and Roller Bearings (Apr 2003) – This clause is
already called out in CorpDocs, but the April 2003 version applies.
252.225-7019, Restriction on Acquisition of Anchor and Mooring Chain (Apr 2003) (Applicable if
you will be delivering welded shipboard anchor and mooring chain, four inches or less in diameter.)
252.225-7025, Restriction on Acquisition of Forgings (Apr 2003) (Applicable if your delivery contains
restricted forging items – ship propulsion shafts, periscope tubes or ring forgings for bull gears.)
252.225-7038, Restriction on Acquisition of Air Circuit Breakers (Apr 2003) (Applicable if you will
be delivering air circuit breakers for naval vessels.)
252.226-7001, Utilization of Indian Organizations and Indian-Owned Economic Enterprises-DoD
Contracts (Sep 2001) – This clause is already called out in CorpDocs, but the September 2001 version
applies.
252.243-7002, Requests for Equitable Adjustment (Mar 1998) (Applicable to all purchase
orders/subcontracts over $100,000.)
252.245-7001, Reports of Government Property (May 1994) (Applicable if Government Property will
be provided or acquired under your contract.)
252.249-7002, Notification of Anticipated Contract Termination or Reduction (Dec 1996) – This
clause is already called out in CorpDocs, but the December 1996 version applies.
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