Flowdowns for MKV Contract W9113M-04-D-0001 s8

Document No. FBM039 1/1/05

Flowdowns for Prime Contract N00030-05-E-0028 FY’05 Capital Maintenance

H Clauses – Full Text Non-Disclosure Agreements (Sep1999). SSP 5252.227-9750 (Applicable for all purchase orders/subcontracts)

The Trade Secrets Act, 18 U.S.C. § 1905, prohibits Government employees from making unauthorized disclosures of a contractor's or subcontractor's proprietary information. Government employees shall not be required to sign a non-disclosure agreement or any other document, or to furnish personal or biographical information or documents, as a condition to gaining access to a contractor's or subcontractor's data or other information needed to perform their official duties. The Contractor shall include, and ensure inclusion of, this clause, suitably modified to identify the parties, in all subcontracts at all tiers.

I Clauses

FAR Clauses 52.215-2, Audit and Records -- Negotiation (Jul 1997) and Alternate I (Jan 1997) - The basic clause is already called out in Corpdocs, but Alternate I also applies to you if your contract is a facilities contract.

52.239-1, Privacy or Security Safeguards (Aug 1996). Applicable if acquisition is for information technology, and/or for the design development, or operation of a system of records using commercial information technology services or support services.

52.242-16, Stop Work Order Facilities (Aug 1989). Applicable if your contract is a facilities contract.

52.243-2, Changes – Cost Reimbursement (Aug 1987) and Alternate IV (Aug 1984) The basic clause is already called out in Corpdocs, but Alternate IV also applies to you if your contract is a facilities contract.

52.245-8, Liability for the Facilities (Jan 1997). Applicable if Government facilities will be in your possession. For this clause, "Government" means "Lockheed Martin" except in the phrases "Government property," "Government-furnished property," and in references to title to property. "Contracting Officer" means "Lockheed Martin." Paragraph (e) is deleted and replaced with the following: "Seller assumes the risk of, and shall be responsible for, any loss or destruction, or damage to, Government property covered by this clause. However, Seller shall not be liable for reasonable wear and tear to Government property or for Government Property properly consumed in the performance of this Contract." The following is added as paragraph (m) "Seller shall provide to Lockheed Martin immediate notice of any disapproval, withdrawal of approval, or nonacceptance by the Government of property control system."

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52.247-67, Submission of Commercial Transportation Bills to the General Services Administration for Audit (Jun 1997) – Applicable if you received a cost reimbursement subcontract with deliverable(s).

52.249-11, Termination of Work (Consolidated Facilities or Facilities Acquisition) (Sep 1996) – Applicable if your contract is a facilities contract.

DFARS Clauses 252.204-7000, Disclosure of Information (Dec 1991). Applicable for all purchase orders/subcontracts.

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 of $100,000 or more for noncommercial items.

252.225-7012, Preference for Certain Domestic Commodities (Feb 2003). Applicable for all purchase orders/subcontracts with deliverables.

252.227-7017, Identification and Assertion of Use, Release, or Disclosure Restrictions (JUN 1995) - Applicable for all purchase orders/subcontracts, except for commercial items.

252.227-7036, Declaration of Technical Data Conformity (Jan 1997). Applicable if you will be delivering data.

252.243-7002, Requests for Equitable Adjustment (Mar 1998). Applies to all purchase orders/subcontracts over $100,000.

Document No. FBM039