ࡱ>  ^`UVWXYZ[\]%` bjbj"x"x 7@@2y  JJJ8 ~ޘ^<RRRk.m.m.m./.p' Vp'|}$qhقt} } RR4}B R Rk.k.{t RҘ QaKJ4^?!, }~MNMxM8M l . 8<tu}}AX~         TERMS AND CONDITIONS The Terms and Conditions applicable to this Request For Offer (RFO) or Purchase Order PO are various and contingent upon the "Contract Summary" section contained therein, wherein the item quantity and corresponding Prime Contract are defined. For example, the terms and conditions applicable to the quantity/items procured shall apply as follows: REVISIONS "The applicable revision level and date of the Appendices referenced herein are those in effect as of the date of the issuance of the original Purchase Order award. Copies of Appendices referenced herein may be obtained from the ſʷ Aeronautics Material Management Internet home page at address  HYPERLINK "http://www.lockheedmartin.com/material-management" http://www.lockheedmartin.com/material-management or from the LOCKHEED MARTIN AERONAUTICS buyer. (Note: The Internet address should be entered in lower case letters.) C-5 PROGRAM P.O.s under Prime Contracts F33657-02-C-2000 shall be governed by C-5 Reliability Enhancement and Re-Engineering Program System Development and Demonstration Terms & Conditions. P.O.s under Prime Contracts F33657-98-C-0006 and F33657-98-C-0007 shall be governed by C-5 Avionics Modernization Program Terms & Conditions. C-130 PROGRAM Use Appendix C130 for applicability of appropriate Ts & Cs in accordance with Prime Contracts listed therein. F-2 PROGRAM P.O.s under Contracts F2 shall be governed by Buyers  HYPERLINK "http://material.lmaero.lmco.com/legal/appx.htm" Appendix X and V. F-16 PROGRAM P.O.'s under Various U.S. Government Prime Contracts, Fixed Price Contracts with the Prefix "Fxxxxx-xx-x-xxxx (-xxxx)" (F-16 Program, other than direct foreign military sales, commercial sales, or programs identified above), or any other Prime Contract not specifically listed above shall be governed by Buyer's Appendix "A," 27th Series and Prime Contract Specific Clauses unless otherwise stated in this RFO or PO. P.O.'s under Various U.S. Government Prime Contracts, Cost Type Contracts with the Prefix "Fxxxxx-xx-x-xxxx (-xxxx)" (F-16 Program, other than direct foreign military sales, commercial sales, or programs identified above), or any other Prime Contract not specifically listed above shall be governed by Buyer's Appendix "A," 27th Series and Cost Type Supplement and Prime Contract Specific Clauses unless otherwise stated in this RFO or PO. P.O.'s under Various U.S. Government Prime Contracts, Services Subcontracts with the Prefix "Fxxxxx-xx-x-xxxx (-xxxx)" (F-16 Program, other than direct foreign military sales, commercial sales, or programs identified above), or any other Prime Contract not specifically listed above shall be governed by Buyer's Appendix "A," 27th Series and Appendix 7 and Prime Contract Specific Clauses unless otherwise stated in this RFO or PO. P.O.'s under Various U.S. Government Prime Contracts, Foreign Subcontract with the Prefix "Fxxxxx-xx-x-xxxx (-xxxx)" (F-16 Program), shall be governed by Buyer's Appendix "A," 27th Series and Foreign Continuation Sheet for 27th Series and Prime Contract Specific Clauses unless otherwise stated in this RFO or PO. P.O.'s under Peace Carvin IV CN00005896 shall be governed by Buyer's Appendix Peace Carvin IV P.O.'s under Peace Onyx III CCIP FA8615-05-C-6002 shall be governed by Buyer's Appendix A 27th Series and Supplement September 27, 2005 (Turkey) P.O.'s under Peace Onyx IV FA8615-07-C-6034 shall be governed by Buyer's Appendix A 27th Series and Supplement 13 September 2007 (Turkey) P.O.'s under Peace Xenia IV FA8615-06-C-6003 shall be governed by Buyer's Appendix A 27th Series and Supplement (Greece) P.O.'s under Peace Drive FA8615-07-C-6031 and FA8615-07-C-6032 shall be governed by Buyer's Appendix A 27th Series and Supplement (Pakistan) P.O.'s under Prime Contract FA8212-06-C-0009 (USAF) shall be governed by Buyer's Appendix A 27th Series and Supplement (USAF) P.O.'s under Prime Contract FA8212-06-C-0010(Israel) - Use 27th Series Appendix A and Supplement (Israel) P.O.'s under Prime Contract FA8212-06-C-0011 (Poland) shall be governed by Buyer's Appendix A 27th Series and Supplement ((Poland) P.O.'s under Prime Contract FA8212-06-C-0012 (Multi-Country) shall be governed by Buyer's Appendix A 27th Series and Supplement (Multi-Country) P.O.'s under Prime Contract FA8615-08-C-6050 (Morocco) shall be governed by Buyer's Appendix A 27th Series and Supplement (Morocco) dated 9 March 2006 P.O.s under Peace Crown II F33657-98-C-2007 shall be governed by Buyer's Appendix Peace. Crown II P.O.s under Peace Vector VI F33657-99-C-2010 shall be governed by Buyer's Appendix Peace Vector VI. P.O.s under Peace Puma F33657-02-C-2017 shall be governed by Buyer's Appendix A 27th Series and Supplement (Chile) P.O.s under Peace Sky F33657-03-C-2018 shall be governed by Buyer's Appendix A 27th Series and Supplement (Poland) P.O.s under Peace ASama ASafiya F33657-02-C-2033, and F33657-03-C-2033 shall be governed by Buyer's Appendix A 27th Series and Supplement (Oman) P.O.s under Contracts UAE shall be governed by Buyers  HYPERLINK "http://material.lmaero.lmco.com/legal/appx.htm" Appendix X and P. P.O.'s under Prime Contracts "Direct Sale Korea or KFP" shall be governed by Buyer's Appendices "X" and "M" (Korean Fighter Program); P.O.s under Prime Contracts Singapore Production and Production/Lease shall be governed by Buyers  HYPERLINK "http://material.lmaero.lmco.com/legal/appx.htm" Appendix X and  HYPERLINK "http://www.ammc.external.lmco.com/app3.pdf"  3 F-22A PROGRAM P.O.s under Prime Contracts F33657-91-C-0006 shall be governed by Buyer's Appendix "11" (F-22 EMD Program); P.O.s under Prime Contract F33657-97-C-0030, F33657-97-C-0031, F33657-99-C-0036, F33657-00-C-0020, F33657-01-C-2095, and F33657-02-C-0010 shall be governed by Buyers Appendix 10 Version 5 (F-22 Production Program) P.O.s under Prime Contract FA8611-04-C-2851 shall be governed by Buyers Appendix 10 Version 6 (F-22 Production Program) P.O.s under Prime Contract FA8611-05-C-2850 and FA8611-05-C-2899 shall be governed by Buyers Appendix 10 Version 7 (F-22 Production Program) F-35 PROGRAM P.O.s under Prime Contracts N00019-97-0038 shall be governed by Buyer's Appendix JSF (JSF Program): CORP DOC 3 (General Terms and Conditions), CORP DOC 3A (DFAR Attachment), CORP DOC 3 INT (General Provisions & FAR Flowdown Provisions For International Subcontracts/Purchase Orders), and CORP DOC 4 (Cost Supplement - Applicable to Cost Type PO's). F35 Domestic FFP Contracts P.O.s under Prime Contracts N00019-02-3002for System Development Design (SDD) shall be governed by Buyer's CORP DOC 3 (General Terms and Conditions), CORP DOC 3A (DFAR Attachment), and Section H Special Purchase Order Requirements. P.O.s under JSF Low Rate Initial Production I shall be governed by Buyers JSF LRIP I CORPDOC 3 (General Terms and Conditions), JSF LRIP I CORPDOC 3A (DFAR Attachment), and JSF LRIP I H Special Purchase Order Clauses P.O.s under JSF Low Rate Initial Production II shall be governed by Buyers JSF LRIP II CORPDOC 3 (General Terms and Conditions), JSF LRIP I CORPDOC 3A (DFAR Attachment), and JSF LRIP I H Special Purchase Order Clauses F35 Domestic Cost Type Contracts P.O.s under JSF Low Rate Initial Production I shall be governed by Buyers JSF LRIP I CORPDOC 4 (General Terms and Conditions), JSF LRIP I CORPDOC 4A (DFAR Attachment), and JSF LRIP I H Special Purchase Order Clauses P.O.s under JSF Low Rate Initial Production II shall be governed by Buyers JSF LRIP II CORPDOC 4 (General Terms and Conditions), JSF LRIP I CORPDOC 4A (DFAR Attachment), and JSF LRIP I H Special Purchase Order Clauses F35 International FFP Contracts P.O.s under Prime Contracts N00019-02-3002for System Development Design (SDD) shall be governed by Buyer's CORP DOC 3-INT (General Terms and Conditions), CORP DOC 3A (DFAR Attachment), and Section H Special Purchase Order Requirements. P.O.s under JSF Low Rate Initial Production I shall be governed by Buyers JSF LRIP I CORPDOC 3 (General Terms and Conditions), International JSF LRIP I CORPDOC 3A (DFAR Attachment), and JSF LRIP I H Special Purchase Order Clauses P.O.s under JSF Low Rate Initial Production II shall be governed by Buyers JSF LRIP II CORPDOC 3 (General Terms and Conditions), International JSF LRIP II CORPDOC 3A (DFAR Attachment), and JSF LRIP II H Special Purchase Order Clauses KTX-2 or T50 PROGRAM P.O.s under Prime Contracts KTX-2 Full Scale Development Program or T50shall be governed by Buyer's Appendix X and 9 (KTX-2 Program): PRIME CONTRACT FLOW DOWNS To the extent any supplies or services contained in this RFO or P.O. are ordered pursuant to any of the below-noted Prime Contracts, the following terms and conditions, in addition to those other terms and conditions (see above), shall apply to this RFO or P.O. The language of the incorporated clause(s) is hereby modified so that Government and Contracting Officer mean Buyer, Contractor means Seller, Contract means Purchase Order, and Subcontractor means Sellers Subcontractors. F33600-96-C-0133 In the event a subcontract will be issued where it is anticipated that the work, or any portion thereof, will be performed in Bahrain, or any materials will be purchased from Bahrain, check with the AMMC Legal Department to determine if a special clause regarding taxes in foreign fixed price contracts should be inserted. F33615-97-D-1154 5352.227-9000 EXPORT CONTROLLED DATA RESTRICTIONS For the purposes of this clause, Foreign person is any person who is not a citizen or national of the U.S. or lawfully admitted to the U.S. for permanent residence under the Immigration and Nationality Act, and includes foreign corporations, international organizations, and foreign governments; Foreign representative is anyone, regardless of nationality or citizenship, acting as an agent, representative, official, or employee of a foreign government, a foreign owned or influenced firm, corporation or person; Foreign sources are those sources (vendors, subcontractors, and suppliers) owned and controlled by a foreign person. The Seller shall place a clause in subcontracts containing appropriate export control restrictions, set forth in this clause. Nothing in this clause waives any requirement imposed by any other U.S. Government agency with respect to employment of foreign nationals or export controlled data and information. The Seller acknowledges that equipment and technical data generated and delivered under this contract are controlled by the International Traffic in Arms Regulation (ITAR), 22 CFR Sections 121 through 128. An export license is required before assigning any foreign source to perform work under this contract or before granting access to foreign persons to any equipment and technical data generated or delivered during performance (see 22 CFR Section 125). The Seller shall notify the Buyer and obtain written approval from the Buyer prior to assigning or granting access to any work, equipment, or technical data generated or delivered under this contract to foreign persons or their representatives. The notification shall include the name and country of origin of the foreign person or representative, the specific work, equipment, or data to which the person will have access, and whether the foreign person is cleared to have access to technical data (DoD 5220.22-M, National Industrial Security Program Operating Manual (NISPOM). F33657-87-E-2183 FAR 52.246-24, "Limitation of Liability - High Value Items (Apr1984)," "This clause shall apply only to those items identified in this subcontract as being subject to this clause." FAR 52.245-16, Facilities Equipment Modernization F33657-90-C-2002 FAR 52.246-24, "Limitation of Liability - High Value Items (Apr 1984)," DFARS 252.208-7005, Required Sources for Forging Items. SPECIAL REQUIREMENT FOR CLASSIFIED FOREIGN SUBCONTRACTS Classified information and/or equipment shall be protected consistent with pertinent regulations of the Government in whose territory this subcontract is performed. NATO Document C-M (55) 15 (final), dated 31 July 1964, as revised and supplemented through 13 March 1975, shall be used as a guideline to insure the adequacy of the security protection afforded to F-16 material. Use of the said NATO Document shall not result in application of NATO classification markings to F-16 Material, introduction of F-16 material into NATO, or use of NATO channels for transmittal of material. Transmission of classified material/equipment shall be consistent with established channels agreed upon by the U.S. and host Governments. Classified information produced or reproduced in the performance of this subcontracts when written in language other than English will be assigned classification markings of both U.S. and host Governments. Solicitation and/or award of any lower tier subcontracts requiring the use of or access to any classified material shall require prior approval from the Buyer with the concurrence of the Contracting Officer. All visits to EPG contractors or by EPG contractors which involve access to classified information shall require processing consistent with established channels of the U.S. and the EPGs. All classified information furnished or generated under this subcontract shall be returned on completion or termination of this subcontract work unless otherwise directed by the Buyer with the concurrence of the Contracting Officer. Implementation of Cost Accounting Standards: With respect to European Participating Countries (EPC) subcontracts, Steering Committee Arrangement #1 Use of Cost Accounting Standards, undated, is hereby incorporated into this purchase order by reference. Nothing contained in said arrangement shall effect or modify the conditions of the clause of this purchase order entitled Cost Accounting Standards, with the exception of the following: Paragraph c of the Cost Accounting Standards Clause is hereby deleted and the following paragraph c added: The Seller shall permit any authorized representatives of the head of the agency, the Cost Accounting Standards Board, or of the Comptroller General of the United States to examine and make copies of any documents, papers or records relating to compliance with the requirements of this clause, provided that the audit procedures and access rights are those set forth in F-16 Technical Agreement No.1 entitled Evaluation of Price Proposals and Auditing of Contract by United States Government and European Participating Government Audit Agencies, effective date of 12 April 1976 and incorporated herein by (b) EPC subcontractors are required to forward the Disclosure Statements required by the CAS clause to their respective EPC Audit Agency(ies) in lieu of the Cost Accounting Standards Board, Washington, D.C., for retention. Nothing contained herein shall limit the rights of Cost Accounting Standards Board or Department of Defense representatives to have access to those documents at the above specified location. HOLD HARMLESS - PATENT INFRINGEMENT IN BELGIUM, THE NETHERLANDS, DENMARK, NORWAY THIRD COUNTRIES: The U.S. Government agrees to hold harmless the Seller, its United States subcontractors and subcontractors at any tier located in Belgium, The Netherlands, Denmark, Norway and third countries from any and all loss or liability as a result of infringement of foreign patents occasioned by either the use or manufacture of components or items procured on behalf of the U.S. Government and the foreign governments for which items are being acquired hereby. However, the Seller and any subcontractor who receives the protection of this clause agree to notify the Government of any known patent infringement claims as soon as possible including prior to approval of subcontractors. In addition, if a contractor or subcontractor has insurance coverage of this risk, then the proceeds of the insurance shall be paid to the U.S. Government. Release of Information The Contractor shall not make public any information by news release, advertising copy, published professional papers, or presentation, covering all or any part of this contractual effort without prior written approval of the Office of Public Affairs, ASD/PA, Wright-Patterson AFB, Ohio 45433-6503. For the purposes of this clause, information includes but is not limited to, news releases, articles, manuscripts, brochures, advertisements, still and motion pictures, speeches, trade associations meetings, symposia, published professional papers, etc. Twelve copies of any information to be released must be submitted to ASD/PA for security and policy review and clearance 45 days prior to release. Information copies will also be sent to the cognizant CO and project engineer. Papers/presentations co-authored with an Air Force author may be submitted by either author. The contractor agrees that in the release of information relating to this contract such release shall include a statement to the effect that the project or effort depicted was or is sponsored by the agency set forth below: AERONAUTICAL SYSTEMS DIVISION (afsc) WRIGHT-PATTERSON AFB OHIO Nothing in the foregoing shall affect compliance with the requirements of the clause (if applicable) of this contract entitled Security Requirements. The Contractor further agrees to include this clause in any subcontracts awarded as a result of this contract. DFARS 252.215-7004, Recoupment of Nonrecurring Costs (AUG 1992). DFARS 252.234-7001, Cost/Schedule Control Systems. FAR 52.222-18, Notification of Employee Rights Concerning Payment of Union Dues or Fees. DFARS 252.248-7000, Preparation of Value Engineering Change DFARS 252.225-7014, "Preference for Domestic Specialty Metals, Alternate I" shall apply only to those efforts applicable to USAF and Third Country aircraft and associated effort. The following H-053, "Preference for Domestic Specialty Metals (Major Programs)" should be included in all EPG Industry subcontracts but is applicable only to those Specialty Metals to be procured for that portion of the effort applicable to USAF and Third Country end use. The following is to be included in all EPG Industry subcontracts, but is applicable only to those Specialty Metals to be procured for that portion of the effort applicable to USAF and Third Country end use. H-053 Implementation of Clause Entitled "Preference for Domestic Specialty Metals (Major Programs)." Preference for Domestic Specialty Metals The EPG Contractor agrees that U.S. Domestic specialty metals (as hereinafter defined) shall be purchased and utilized in an amount equal to the portion of the contractual effort applicable to USAF end items; provided that this Special Contract Requirement shall have no effect to the extent that the Secretary or his designee has determined as to any such articles that a satisfactory quality and sufficient quantity cannot be acquired as and when needed at United States market prices. For the purposes of this Special Contract Requirement, the term "specialty metals" means: steels, where the maximum alloy content exceeds one or more of the following limits: manganese, 1.65 percent; silicon, 0.60 percent; or copper, 0.60 percent or which contains more than 0.25 percent of any of the following elements: aluminum, chromium, cobalt, columbium, molybdenum, nickel, titanium, tungsten, or vanadium; metal alloys consisting of nickel, iron-nickel and cobalt base alloy containing a total of other alloying metals (except iron) in excess of ten percent (10%); titanium and titanium alloys; or zirconium and zirconium base alloys. The EPG Contractor agrees to include this Special Contract Requirement including this paragraph 3., in every subcontract or purchase order issued hereunder unless he knows that the item being purchased contains no specialty metals. F33657-90-C-2233 FAR 52.227-10, Filing of Patent Applications Classified Subject Matter (APR 1984). FAR 52.246-24, Limitation of Liability - High Value Items (APR 1984), FAR 52.250-1, Indemnification Under Public Law 85-804 (APR 1984) DFARS 252.204-7008, Telecommunications Security Equipment, Devices, Techniques and Services (DEC 1988) DFARS 252.234-7001, Cost/Schedule Control Systems. SPECIAL REQUIREMENT FOR CLASSIFIED FOREIGN SUBCONTRACTS Classified information and/or equipment shall be protected consistent with pertinent regulations of the Government in whose territory this subcontract is performed. NATO Document C-M (55) 15 (final), dated 31 July 1964, as revised and supplemented through 13 March 1975, shall be used as a guideline to insure the adequacy of the security protection afforded to F-16 material. Use of the said NATO Document shall not result in application of NATO classification markings to F-16 Material, introduction of F-16 material into NATO, or use of NATO channels for transmittal of material. Transmission of classified material/equipment shall be consistent with established channels agreed upon by the U.S. and host Governments. Classified information produced or reproduced in the performance of this subcontracts when written in language other than English will be assigned classification markings of both U.S. and host Governments. Solicitation and/or award of any lower tier subcontracts requiring the use of or access to any classified material shall require prior approval from the Buyer with the concurrence of the Contracting Officer. All visits to EPG contractors or by EPG contractors which involve access to classified information shall require processing consistent with established channels of the U.S. and the EPGs. All classified information furnished or generated under this subcontract shall be returned on completion or termination of this subcontract work unless otherwise directed by the Buyer with the concurrence of the Contracting Officer. 8. Implementation of Cost Accounting Standards: With respect to European Participating Countries (EPC) subcontracts, Steering Committee Arrangement #1 - Use of Cost Accounting Standards, undated, is hereby incorporated into this purchase order by reference. Nothing contained in said arrangement shall effect or modify the conditions of the clause of this purchase order entitled Cost Accounting Standards, with the exception of the following: Paragraph c of the Cost Accounting Standards Clause is hereby deleted and the following paragraph c added: c. The Seller shall permit any authorized representatives of the head of the agency, the Cost Accounting Standards Board, or of the Comptroller General of the United States to examine and make copies of any documents, papers or records relating to compliance with the requirements of this clause, provided that the audit procedures and access rights are those set forth in F-16 Technical Agreement No.1 entitled Evaluation of Price Proposals and Auditing of Contract by United States Government and European Participating Government Audit Agencies, effective date of 12 April 1976 and incorporated herein by reference. EPC subcontractors are required to forward the Disclosure Statements required by the CAS clause to their respective EPC Audit Agency(ies) in lieu of the Cost Accounting Standards Board, Washington, D.C., for retention. Nothing contained herein shall limit the rights of Cost Accounting Standards Board or Department of Defense representatives to have access to those documents at the above specified location. 9. Include the following in all subcontracts involving European Participating Countries Coproduction: The F-16 Technical Agreement No. 1 Evaluation of Price Proposals and Auditing of Contracts by USG and EPG Audit Agencies, effective as of 12 April 1976, including the procedures set forth therein are hereby incorporated by reference into this purchase order. 10. Preference for Domestic Specialty Metals (Major Programs) Release of Information The Contractor shall not make public release of any information relating to all or any part of this Purchase Order without prior approval of the Office of Public Affairs, ASD/PA, Wright-Patterson AFB, Ohio 45433-6503. For the purposes of this clause, information includes but is not limited to, news releases, articles, manuscripts, brochures, advertisements, still and motion pictures, speeches, trade associations meetings, symposia, published professional papers, etc. Twelve copies of any information to be released must be submitted to ASD/PA for security and policy review and clearance 45 days prior to release. Information copies will also be sent to the cognizant contracting officer and project engineer. Papers/presentations co-authored with an Air Force author may be submitted by either author. The contractor agrees that in the release of information relating to this contract such release shall include a statement to the effect that the project or effort depicted was or is sponsored by the agency set forth below: AERONAUTICAL SYSTEMS DIVISION (AFSC) WRIGHT-PATTERSON AFB OHIO Nothing in the foregoing shall affect compliance with the requirements of the clause (if applicable) of this contract entitled Security Requirements. The Contractor further agrees to include this clause in any subcontracts awarded as a result of this contract. F33657-93-C-2374 252.208-7000, "Intent to Furnish Precious Metals as Government-Furnished Material (Dec 1991)" "Contractor" in paragraphs (c) and (d) mean Seller. "Government" in paragraph (c) means Buyer. FAR 52.225-3, "Buy American Act - Supplies (Jan 1989)." "Government" in Paragraphs (a) and (b)2 mean U.S. Government. 52.246-24, "Limitation of Liability - High Value Items (Apr 1984)," Include DFARS 252.225-7023, Restriction on Acquisition of Carbonyl Iron Powders (APR 1992) "Safety and Accident Prevention (APR 1984)" Included in all subcontracts where the performance of the work is on a Government installation. Government, as used in this clause, means the U.S. Government: 5352.223-9000, Safety and Accident Prevention (APR 1984) In performing work under this contract on a Government installation, the Contractor shall: Conform to the specific safety requirements established by this contract; Comply with the safety rules of the Government installation that concern related activities not directly addressed in this contract; Take all reasonable steps and precautions to prevent accidents and preserve the life and health of Contractor and Government personnel performing or in any way coming in contact with the performance of this contract; Take such additional immediate precautions as the Contracting Officer may reasonably require for safety and accident prevention purposes. If this contract is performed on an Air Force installation, the Air Force Occupational Safety and Health Standards (AFOSH) developed in accordance with AFI 127-12, Air Force Occupational Safety, Fire Prevention, and Health Program in effect on the date of this contract, apply. If contract performance is on other than an Air Force installation, the Contractor shall comply with the safety rules of that Government installation, in effect on the date of this contract. The Contracting Officer may, by written order, direct additional AFOSH and safety and accident standards as may be required in the performance of this contract and any adjustments resulting from such direction will be in accordance with the Changes clause of this contract. Any violation of these safety rules and requirements, unless promptly corrected as directed by the Contracting Officer, shall be grounds for termination of this contract in accordance with the Default clause of this contract. 5352.204-9300, "Foreign Nationals and Sources (Sep 1994)" For the purposes of this special contract requirement, foreign nationals are all persons not citizens of, or immigrant aliens to, the United States (US). Nothing in this special contract requirement is intended to waive requirements imposed by any other US Government agency with respect to employment of foreign nationals or export control. The seller acknowledges that equipment/technical data generated or delivered in performance of this purchase order may be controlled by the International Traffic in Arms Regulation (ITAR), 22 CFR Sections 120-130, and may require an export license before granting foreign nationals access to any equipment/technical data generated or delivered in performance of this purchase order (see 22 CFR Section 123). The seller agrees to notify the buyer 10 working days prior to applying for an export license or to assigning or granting access to any work, equipment or technical data generated or delivered in performance of this purchase order. This notification will include the name and country of origin of the foreign national, the specific work, equipment or data to which the person will have access, and whether the foreign national is cleared to have access to technical data (Reference: DODR 5220.22, "Industrial Security Manual for Safeguarding Classified Information"). The above requirements shall not be construed as an application for an export license nor shall they in any way be interpreted to impede the seller's right to apply for an export license. However, if the CO disagrees with the application, the seller will be notified. A special clause must be inserted in each purchase order for F-16 program subcontract involving U.S. Government directed F-16 coproduction/offset requiring currency exchange. In the event Buyer has such purchase order, please contact the AMMC Legal Department for the appropriate clause. H-018, "Special Requirement for Classified Foreign Subcontracts" Classified information and/or equipment shall be protected consistent with pertinent regulations of the Government in whose territory the subcontract is performed. NATO Document C-M (55) 15 (final), dated 31 July 1964, as revised and supplemented through 13 March 1975, shall be used as a guideline to insure the adequacy of the security protection afforded to F-16 material. Use of the said NATO Document shall not result in application of NATO classification makings to F-16 material, introduction of F-16 material into NATO, or use of NATO channels for transmittal of material. Transmission of classified material/equipment shall be consistent with established channels agreed upon by the U.S. and host Governments. Classified information produced or reproduced in the performance of the subcontract when written in language other than English shall be assigned classification markings of both the U.S. and host Governments. (d) Solicitation and/or award of any lower tier subcontracts requiring the use of or access to any classified material shall require prior approval from the Prime Contractor with the concurrence of the Government Contracting Officer. All visits to EPG contractors or by EPG contractors which involve access to classified information shall require processing consistent with established channels of the U.S. and the EPGs All classified information furnished or generated under this subcontract shall be returned on completion or termination of the subcontract work as directed by the Prime Contractor with the concurrence of the Government Contracting Officer. All visits to EPG contractors or by EPG contractors which involve access to classified information shall require processing consistent with established channels of the U.S. and the EPGs Paragraph c of the Cost Accounting Standards Clause is hereby deleted and the following paragraph c added: c. The Contractor shall permit any authorized representative of the head of the agency, the Cost Accounting Standards Board, or the Comptroller General of the United States to examine and make copies of any documents, papers or records relating to compliance with the requirements of this clause, provided that the audit procedures and access rights are those set forth in F-16 Technical Agreement No. 1 entitled Evaluation of Price Proposals and Auditing of Contracts by United States Government and European Participating Government Audit Agencies effective date of 12 April 1976 and incorporated herein by reference. EPC subcontractors are required to forward the Disclosure Statements required by the CAS clause to their respective EPC Audit Agency(ies) in lieu of the Cost Accounting Standards Board, Washington, DC, for retention. Nothing contained herein shall limit the rights of Cost Accounting Standards Board or Department of Defense representatives to have access to those documents at the above specified location. The following H-020, "Holding Harmless - Patent Infringement in Belgium, the Netherlands, Denmark, Norway and Third Countries" The U.S. Government agrees to hold harmless the Contractor, its United States subcontractors and subcontractors at any tier located in Belgium, the Netherlands, Denmark, Norway and third countries from any and all loss or liability as a result of infringement of foreign patents occasioned by either the use or manufacture of components or items procured on behalf of the U.S. Government and the foreign governments for which items are being acquired hereby. However, the Contractor and any subcontractor who receives the protection of this clause agree to notify the Government of any known patent infringement claims as soon as possible including prior to approval of subcontracts. In addition, if a contractor or subcontractor has insurance coverage of this risk, then the proceeds of the insurance shall be paid to the U.S. Government. H-037 Life Cycle Support (LCS) Agreement WHEREAS, the Government deems it beneficial to both parties for title of Special Tooling, except that Special Tooling acquired by EPG industry subcontractors, at any tier and by FMS industry subcontractors at any tier, to remain with the Lockheed Corp., hereinafter called the contractor, and, WHEREAS, the Contractor is willing to retain title to such tooling upon completion or termination of all or a substantial part of the work under this contract for the purpose and under the conditions hereafter stated. NOW THEREFORE IT IS AGREED: The Contractor shall retain the capability and assume the obligation to support the F-16 Air Combat Fighter with replenishment spare parts and assemblies as ordered under the Spares Acquisition Improvement Program contract(s) except as provided in paragraphs (c) and (g) of this agreement. Definition: Special Tooling means all jigs, dies, fixtures, molds, patterns, taps, gauges, other equipment and manufacturing aids, and replacements thereof, which are of such a specialized nature, that without substantial modification or alteration, their use is limited to the development or production of particular supplies or parts thereof, or the performance of particular supplies or parts thereof, or the performance of particular services. The term includes all components of such items, but does not include: (i) consumable property (ii) special test equipment or (iii) buildings, and nonseverable structures (except foundations and similar improvements necessary to the installation of special tooling), general or special machine tools, or similar capital items. The Contractor agrees to provide those replenishment spare parts and assemblies ordered under the Spares Acquisition Improvement Program contract(s) as required to support the above weapon system for a period of five (5) years, following delivery of the last hardware item, after which an extension of this agreement may be required, provided, however, that if the Contractor is unable to meet its support obligations as provided herein by reason of exclusion of the EPC industry subcontractors and the FMS industry subcontractors from this agreement, the aforesaid five (5) year period shall commence following delivery of the last hardware item manufactured and assembled by the Contractor and any subcontractor other than EPC industry subcontractors. The Contractor shall notify the Contracting Officer (CO) in writing, 120 days prior to the expiration of this agreement that the agreement expires on a particular date. The CO will advise the Contractor of the Government requirements for continued support, prior to the expiration of this agreement. Normal refurbishing, modification, replacements (due to fair wear and tear) and additional tooling for new requirements shall be charged to the applicable spare order. Refurbishment, modification and replacement costs for special tooling used for commercial or direct Third Country sales work will not be borne by the Government as direct or indirect charges. Where special tooling is used for commercial or direct Third Country sales work, the Contractor agrees to afford the Government requirements priority over such work. The Contractor further agrees not to charge the Government any costs associated with returning special tooling to its original configuration, in the event it has been modified for commercial or direct Third Country sales use. The Contractor further agrees to negotiate a similar agreement with subcontractors having special tooling that may be required to support the F-16 Air Combat Fighter. The Government reserves the right to acquire spare parts or assemblies directly from those suppliers, vendors or subcontractors who normally supply spare parts or assemblies. This clause is also applicable to special tooling for performance of work under Time and Material. 12. DFARS 252.225-7014, "Preference for Domestic Specialty Metals, Alternate I" H-041 Implementation of Clause Entitled Preference for Domestic Specialty Metals (Alternate I). Preference for Domestic Specialty Metals The EPG Contractor agrees that U.S. Domestic specialty metals (as hereinafter defined) shall be purchased and utilized in an amount equal to the portion of the contractual effort applicable to USAF end items; provided that this Special Contract Requirement shall have no effect to the extent that the Secretary or his designee has determined as to any such articles that a satisfactory quality and sufficient quantity cannot be acquired as and when needed at United States market prices. For the purposes of this Special Contract Requirement, the termspecialty metals means: steels, where the maximum alloy content exceeds one or more of the following limits: manganese, 1.65 percent; silicon, 0.60 percent; or copper, 0.60 percent or which contains more than 0.25 percent of any of the following elements: aluminum, chromium, cobalt, columbium, molybdenum, nickel, titanium, tungsten, or vanadium; metal alloys consisting of nickel, iron-nickel and cobalt base alloy containing a total of other alloying metals (except iron) in excess of ten percent (10%); titanium and titanium alloys; or zirconium and zirconium base alloys. The EPG Contractor agrees to include this Special Contract Requirement including this paragraph 3., in every subcontract or purchase order issued hereunder unless he knows that the item being purchased contains no specialty metals. H-059, "Acknowledgment of Sponsorship" The Contractor agrees that in the release of information relating to this contract such release shall include a statement to the effect that the project or effort depicted was or is sponsored by the agency set forth below: Aeronautical Systems Center (AFMC) Wright-Patterson AFB, Ohio Prior to public release, this information will be processed through the ASC Office of Public Affairs, ASC/PA, according to the administrative guidelines of that office. For the purpose of this clause, information includes but is not limited to, news releases, articles, manuscripts, brochures, advertisements, still and motion pictures, speeches, trade association meetings, symposia, etc. Nothing in the foregoing shall affect compliance with the requirements of the clause of this contract entitled Security Requirements. The Contractor further agrees to include this clause in any subcontract awarded as a result of this contract. H-060 F-16 Technical Agreement No. 1 It is hereby recognized that the document entitled F-16 Technical Agreement No. 1 - Evaluation of Price Proposals and Auditing of Contracts by USG and EPG Audit Agencies has been signed by all required signatories and is effective as of 12 April 1976. Said document including the procedures set forth therein are hereby incorporated by reference into this contract. The Contractor shall include the substance of this clause in all subcontracts involving European Participating Countries co-production. F33657-93-C-2380 FAR 52.208-7000, Intent to Furnish Precious Metals as Government-Furnished Material (Dec 1991) applies unless the item being procured contains no precious metal. Release of Information The Contractor shall not make public release of any information relating to all or any part of this Purchase Order without prior approval of the Office of Public Affairs, ASD/PA, Wright-Patterson AFB, Ohio 45433-6503. For the purposes of this clause, information includes but is not limited to, news releases, articles, manuscripts, brochures, advertisements, still and motion pictures, speeches, trade associations meetings, symposia, published professional papers, etc. Twelve copies of any information to be released must be submitted to ASD/PA for security and policy review and clearance 45 days prior to release. Information copies will also be sent to the cognizant contracting officer and project engineer. Papers/presentations co-authored with an Air Force author may be submitted by either author. The contractor agrees that in the release of information relating to his contract such release shall include a statement to the effect that the project or effort depicted was or is sponsored by the agency set forth below: AERONAUTICAL SYSTEMS DIVISION (AFSC) WRIGHT-PATTERSON AFB OHIO (e) Nothing in the foregoing shall affect compliance with the requirements of the clause (if applicable) of this contract entitled Security Requirements. (f) The Contractor further agrees to include this clause in any subcontracts awarded as a result of this contract. DFARS 252.225-7022, Restriction on Acquisition of Polyacrylonitrile (PAN) Based Fiber (DEC 1991) applies if the end product furnished under the subcontract contains polyacrylonitrile carbon fibers. In accordance with DFARS 252.232-7005, Reimbursement of Subcontractor Advance Payments - DoD Pilot Mentor-Protg Program (DEC 1991), a provision substantially similar to FAR 52.232-12, Advance Payments applies in subcontracts under the pilot mentor-protg program in order to obtain Government Reimbursement for any advance payments made by LMTAS to a protg firm pursuant to an approved mentor-protg agreement. F33657-96-C-0034 FAR 52.215-14, Integrity of Unit Prices (OCT 1997) and Alternate I (OCT FAR 52.244-5, Competition in Subcontracting. 5352.227-9000, Export Controlled Data Restrictions, For the purposes of this clause, (1) Foreign person is any person who is not a citizen or national of the U.S. or lawfully admitted to the U.S. for permanent residence under the Immigration and Nationality Act, and includes foreign corporations, international organizations, and foreign governments; (2) Foreign representative is anyone, regardless of nationality or citizenship, acting as an agent, representative, official, or employee of a foreign government, a foreign owned or influenced firm, corporation or person; (3) Foreign sources are those sources (vendors, subcontractors, and suppliers) owned and controlled by a foreign person. b. The Seller shall place a clause in subcontracts containing appropriate export control restrictions, set forth in this clause. c. Nothing in this clause waives any requirement imposed by any other U.S. Government agency with respect to employment of foreign nationals or export controlled data and information. d. The Seller acknowledges that equipment and technical data generated and delivered under this contract are controlled by the International Traffic in Arms Regulation (ITAR), 22 CFR Sections 121 through 128. An export license is required before assigning any foreign source to perform work under this contract or before granting access to foreign persons to any equipment and technical data generated or delivered during performance (see 22 CFR Section 125). The Seller shall notify the Buyer and obtain written approval from the Buyer prior to assigning or granting access to any work, equipment, or technical data generated or delivered under this contract to foreign persons or their representatives. The notification shall include the name and country of origin of the foreign person or representative, the specific work, equipment, or data to which the person will have access, and whether the foreign person is cleared to have access to technical data (DoD 5220.22-M, National Industrial Security Program Operating Manual (NISPOM)). F33657-96-C-0034-POOO26 FAR 52.237-02, Protection of Government Buildings, Equipment and Vegetation. Applicable if any performance under this PO is on a Government Installation. FAR 52.225-11, Restrictions on Certain Foreign Purchases (AUG 1998) DFAR 252.244-7000, Subcontracts For Commercial Items and Commercial Components (DoD Contracts) (FEB 1997) In addition to the clauses listed in paragraph (c) of the subcontracts for commercial items and commercial components clause, the Seller shall include the terms of the following clause, if applicable, in subcontracts for commercial items or commercial components awarded at any tier under this PO: DFAR 252.225-7014, Preference for Domestic Specialty Metals, Alternate 1 (10 U.S.C. 2241 note). FAR 52.222-26, Equal Opportunity (Deviation) (APR 1984): Add the following note to this clause: It shall not be a violation of E.O. 11246 for a contractor to extend a publicly announced preference in employment to Indians living on or near an Indian reservation in connection with employment opportunities on or near an Indian reservation. See 22.807(b)(4). FAR 52.222-21, Prohibition of Segregated Facilities (Deviation) (APR 1984) (a) Segregated facilities, as used in this clause, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, or national origin because of written or oral policies, or employee custom. The term does not include separate or single-user restrooms and necessary dressing or sleeping areas, which shall be provided to assure privacy between the sexes. (b) The Seller agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Seller agrees that a breach of this clause is a violation of the Equal Opportunity clause in this PO. (c) The Seller shall include this in every subcontract for which the Equal Opportunity clause is required to be flowed to Sellers subcontractors. 6. 5352.223-9000, Elimination of Use of Class I Ozone Depleting Substances (ODS) (May 1996). For the purposes of this clause, the following are Class I ODS: Halons: 1011, 1202, 1211, 1301, and 2402; Chlorofluorocarbons (CFCs): CFC-11, CFC-12, CFC-13, CFC-111, CFC-112, CFC-113, CFC-114, CFC-115, CFC-211, CFC-212, CFC-213, CFC-214, CFC-215, CFC-216, and CFC-217, and the blends R-500, R-501, R-502, and R-503; and, Other Controlled Substances: Carbon Tetrachloride, Methyl Chloroform, and Methyl Bromide. The Seller is required to notify Buyer if any CLASS I ODS is required in the performance of this contract. F33657-96-C-2043 1. Include DFARS 252.208-7000, "Intent to Furnish Precious Metals as Government-Furnished Material (Dec 1991)" in all Solicitations issued in the performance of the contract, unless the Buyer knows that the item being purchased contains no precious metals. 2. Include FAR 52.223-12, Refrigeration Equipment and Air Conditioners (MAY 1985). 3. FAR 52.246-24, "Limitation of Liability - High Value Items (Apr 1984)," 4. DFARS 252.248-7000, Preparation of Value Engineering Change Proposals 5. 5352.223-9001, Safety and Accident Prevention (May 1995) (a) In performing work under this contract on a Government installation, the Contractor shall: (1) Conform to the specific safety requirements established by this contract; (2) Comply with the safety rules of the Government installation that concern related activities not directly addressed in this contract; (3) Take all reasonable steps and precautions to prevent accidents and preserve the life and health of Contractor and Government personnel performing or in any way coming in contact with the performance of this contract; (4) Take such additional immediate precautions as the Contracting Officer may reasonably require for safety and accident prevention purposes. (b) If this contract is performed on an Air Force installation, the Air Force Occupational Safety and Health Standards (AFOSH) developed in accordance with AFI 91-301, Air Force Occupational Safety, Fire Prevention, and Health Program in effect on the date of this contract, apply. If contract performance is on other than an Air Force installation, the Contractor shall comply with the safety rules of that Government installation, in effect on the date of this contract. (c) The Contracting Officer may, by written order, direct additional AFOSH and safety and accident standards as may be required in the performance of this contract and any adjustments resulting from such direction will be in accordance with the Changes clause of this contract. (d) Any violation of these safety rules and requirements, unless promptly corrected as directed by the Contracting Officer, shall be grounds for termination of this contract in accordance with the Default clause of this contract. 6. 5352.293-9002, Foreign Nationals - Foreign Sources (Dec 1995) (a) For the purposes of this clause, (1) foreign nationals are those persons not citizens of, not nationals of, or resident/immigrant aliens to, the United States; (2) Foreign representative is anyone, regardless of nationality or citizenship, acting as an agent, representative, official, or employee of a foreign government, a foreign-owned or influenced firm, corporation or person; and (3) Foreign sources are those sources (vendors, subcontractors, and suppliers) not owned and controlled by citizens or immigrant aliens of the United States. (b) Nothing in this clause is intended to waive requirements imposed by any other US Government agency with respect to employment of foreign nationals or export controlled data and information. (c) The contractor acknowledges that equipment and technical data generated or delivered in performance of this contract may be controlled by the International Traffic in Arms Regulation (ITAR), 22 CFR Sections 121 through 128, and require an export license before assigning any foreign national to perform work under this contract or before granting access to foreign nationals to any equipment and technical data generated or delivered in performance of this contract (see 22 CFR Section 125). The contractor agrees to notify and obtain the written approval of the Contracting Officer (CO) prior to assigning or granting access to any work, equipment, or technical data generated or delivered in performance of this contract to foreign nationals or their representatives. This notification shall include the name and country of origin of the foreign national or representative, the specific work, equipment or data to which the person will have access, and whether the foreign national is cleared to have access to technical data (Reference: DOD 5220.22-M, National Industrial Security Program Operating Manual (NISPOM). 7. A special Economic Price Adjustment clause must be included in all critical subcontracts for the acquisition of aircraft/alternate mission equipment. In the event Buyer has such a subcontract, please contact the AMMC Legal Department for the appropriate clause. F33657-97-C-2040 Substitute the following for the earlier version of the same clause: FAR 52.215-14, Integrity of Unit Prices (OCT 1997). FAR 52.246-24, Limitation of Liability (FEB 1997). Add the following clauses: FAR 52.215-15, Termination of Defined Benefit Pension Plans (OCT 1997), FAR 52.215-18, Reversion or Adjustment of Plans for Postretirement Benefits (OCT 1997),- FAR 52.215-19, Notification of Ownership Changes (OCT 1997), FAR 52.229-5, Taxes - Contracts Performed in U.S. Possessions or Puerto Rico. The term local taxes as used in the Federal, State, and local taxes clause of this contract, include taxes imposed by a possession of the United States or Puerto Rico. DFAR 252.225-7027, Restriction on Contingent Fees for Foreign Military Sales. The name of the Government to be inserted in paragraph (b) in the above referenced clause is Republic of Korea. DFAR 252.225-7042, Authorization to Perform. g. DFAR 252.233-7001, Choice of Law (Overseas), if performance is outside the United States. 5352.227-9000 EXPORT CONTROLLED DATA RESTRICTIONS For the purposes of this clause, (1) Foreign person is any person who is not a citizen or national of the U.S. or lawfully admitted to the U.S. for permanent residence under the Immigration and Nationality Act, and includes foreign corporations, international organizations, and foreign governments; (2) Foreign representative is anyone, regardless of nationality or citizenship, acting as an agent, representative, official, or employee of a foreign government, a foreign owned or influenced firm, corporation or person; (3) Foreign sources are those sources (vendors, subcontractors, and suppliers) owned and controlled by a foreign person. The Seller shall place a clause in subcontracts containing appropriate export control restrictions, set forth in this clause. Nothing in this clause waives any requirement imposed by any other U.S. Government agency with respect to employment of foreign nationals or export controlled data and information. The Seller acknowledges that equipment and technical data generated and delivered under this contract are controlled by the International Traffic in Arms Regulation (ITAR), 22 CFR Sections 121 through 128. An export license is required before assigning any foreign source to perform work under this contract or before granting access to foreign persons to any equipment and technical data generated or delivered during performance (see 22 CFR Section 125). The Seller shall notify the Buyer and obtain written approval from the Buyer prior to assigning or granting access to any work, equipment, or technical data generated or delivered under this contract to foreign persons or their representatives. The notification shall include the name and country of origin of the foreign person or representative, the specific work, equipment, or data to which the person will have access, and whether the foreign person is cleared to have access to technical data (DoD 5220.22-M, National Industrial Security Program Operating Manual (NISPOM). TAXES, DUTIES, AND CHARGES FOR DOING BUSINESS All property, material, equipment, and other supplies imported into Korea by the Seller for use in connection with this purchase order and consigned and marked, as required or approved by the U.S. Government, will be exempt from import and export duties, taxes, licenses, excises, imports and any other identifiable charges. Any of the foregoing which does not become a part of the completed work or is not otherwise consumed in the performance of this PO, may, at the Sellers discretion be removed or disposed of free of any restrictions or claims which might otherwise arise by reason of such removal or disposal, except that any applicable custom duty, tax, or charges will be paid in the event of sale or disposal in Korea to a recipient other than a Korean agency or other person entitled to duty free importation. The Seller must maintain an inventory control and accounting system adequate to reflect the usage and disposition of all contractor-owned property which enters Korea duty-free pursuant to this clause. F33657-97-D-0006 DFARS 252.225-7025, Foreign Source Restrictions (Jun 1997): If this PO is for any of the clauses restricted items. F33657-98-C-0030 The language of the incorporated clause(s) should be modified so that "Government" and "Contracting Officer" mean Buyer, "Contractor" means Seller, "Contract" means Purchase Order, and "Subcontractor" means Seller's Subcontractors. FAR 52.239-1, Privacy or Security Safeguards (AUG 1996). 2. FAR 52.222-21 Prohibition of Segregated Facilities (Deviation) (APR 1984) Segregated facilities, as used in this clause, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, or national origin because of written or oral policies, or employee custom. The term does not include separate or single-user rest rooms and necessary dressing or sleeping areas, which shall be provided to assure privacy between the sexes. The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this clause is a violation of the Equal Opportunity clause in this PO. The Contractor shall include this in every subcontract that contains the clause of this contract entitled Equal Opportunity. 3. 52.222-26, Equal Opportunity (Deviation) (APR 1984) If, during any 12 month period (including the 12 months preceding the award of this contract), the Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate value in excess of $10,000, the Contractor shall comply with subparagraphs (b)(1) through (11) below. Upon request, the Contractor shall provide information necessary to determine the applicability of this clause. During performing this contract, the Contractor agrees as follows: The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. Note: It shall not be a violation of E.O. 11246 for a contractor to extend a publicly announced preference in employment to Indians living on or near an Indian reservation in connection with employment opportunities on or near an Indian reservation. See 22.807(b)(4). The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. This shall include, but not be limited to, (I) employment, (ii) upgrading, (iii) demotion, (iv) transfer, (v) recruitment or recruitment advertising, (vi) layoff or termination, (vii) rates of pay or other forms of compensation, and (viii) selection for training, including apprenticeship. The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer advising the labor union or workers representative of the Contractors commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment. The Contractor shall comply with Executive Order 11246, as amended, and the rules, regulations, and orders of the Secretary of Labor. The Contractor shall furnish to the contracting agency all information required by Executive Order 11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor. The Contractor shall, within 30 days following the award, file Standard Form 100 (EEO-1), or any successor form, unless filed within 12 months preceding the date of the award. The Contractor shall permit access to its premises by the contracting officer or the Office of Federal Contract Compliance Programs (OFCCP) for the purposes of conducting on-site compliance reviews and inspecting such books, records, accounts, and other materials as may be relevant to an investigation to ascertain the Contractors compliance with the applicable rules, regulations, and orders. If the OFCCP determines that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts, under the procedures authorized in Executive Order 11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive Order 11246, as amended; in the rules, regulations, and orders of the Secretary of Labor; or as otherwise provided by law. The Contractor shall include the terms and conditions of subparagraph (b)(1) through (11) of this clause in every subcontract or purchase order that is not exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order 11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor. The Contractor shall take such action with respect to any subcontract or purchase order as the contracting officer may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance; provided, that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of any direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. Release of Information (OCT 1998) The contractor shall not make public release of any information relating to all or any part of this contract without prior approval of the Office of Public Affairs, ASC/PA, Wright Patterson AFB OH 45433-6503. For purposes of this clause, information includes but is not limited to news releases, articles, manuscripts, brochures, advertisements, still and motion pictures, speeches, trade association meetings, symposia, published professional papers, etc. Twelve copies of any information to be released must be submitted to ASC/PA for security and policy review and clearance 45 days prior to release. Information copies will also be sent to the cognizant contracting officer and project engineer. Papers/presentations co-authored with an Air Force author may be submitted by either name. The contractor agrees that in the release of information relating to this contract, such release shall include a statement to the effect that the project or effort depicted was or is sponsored by the agency set forth below: Aeronautical Systems Center (AFMC) Wright Paterson AFB OH Nothing in the foregoing shall affect compliance with the requirements of the clauses entitled Security Requirements or Disclosure of Information. The contractor further agrees to include this clause in any subcontract awarded as a result of this contract. 5. Foreign Sources (OCT 1998) In the event that the contractor anticipates soliciting foreign sources for any work under this contract, the contractor shall notify the Procuring Contracting Officer (PCO) ten working days before either applying for an export license under the International Traffic in Arms Regulation (ITAR), 22 CFR Sections 121 128, or before solicitation of the foreign sources, whichever shall occur first. This notification shall include detailed description of the Government data/equipment to be exported and a copy of the application for an export license. However, if the PCO disagrees with the application, the contractor will be so notified. (NOTE: This clause does not apply to work associated with Foreign Military Sales [FMS].) Foreign Nationals (OCT 1998) For purposes of this clause, foreign nationals are all persons not citizens of, or immigrant aliens to, the United States. Nothing in this clause is intended to waive any requirement imposed by any other US Government agency with respect to employment of foreign nationals or export control. The contractor acknowledges that equipment/technical data generated or delivered in performance of this contract is controlled by the International Traffic in Arms Regulations (ITAR) 22 CFR Sections 121-128, and may require an export license before granting access to foreign nationals to any equipment/technical data generated or delivered in performance of this contract (see 22 CFR Section 125 in this regard). The contractor agrees to notify the Procuring Contracting Officer (PCO) ten working days prior to assigning or granting access to any work, equipment or technical data generated or delivered in performance of this contract. This notification will include the name and country of origin of the foreign national, the specific work, equipment or data to which the person will have access, and whether the foreign national is cleared to have access to technical data (reference: Section III of DoD 5 220.22-M Industrial Security Manual for Safeguarding Classified Information). The above requirements shall not be construed as an application for an export license nor shall they in any way be interpreted to impede the contractors right to apply for an export license. However, if the PCO disagrees with the application, the contractor will be so notified. F33657-98-C-0035 1. The following clause is applicable until the Combined Life Time Support Contract is negotiated with the Government and LMTAS (which is currently anticipated to be negotiated by March 2000). H-05 Data Agreement for Combined Life Time Support (CLTS) (JUN 1999) Seller shall provide data at no additional cost to Buyer with unlimited rights as a result of the Common Configuration Implementation Plan EMD effort (CCP 4948) and the Modular Mission Control Computer 5000 (CCP 2702 R1) EMD effort and this contract to support organic repair. The data package shall include, but is not limited to, parts lists, schematics, acceptance test procedures and specifications, qualification test procedures, installation, assembly, and wiring diagrams. H10 Release of Information (JUL 1999) Seller shall not make public release of any information relating to all or any part of this contract without prior written approval from the Buyer. For the purposes of this clause, information includes but is not limited to news releases, articles, manuscripts, brochures, advertisements, still and motion pictures, speeches, trade association meetings, symposia, published professional papers, etc. Twelve copies of any information proposed for released must be submitted to Buyer 30 days prior to the anticipated release. Seller agrees that if the release of information relating to this contract is approved in writing by Buyer, Seller shall include a statement in the release to the effect that the project or effort depicted was or is sponsored by the agency set forth below: Aeronautical Systems Center (AFMC) Wright Patterson AFB OH Nothing in the foregoing shall effect compliance with the requirements of the clauses relating to Security Requirements or Disclosure of Information. Seller further agrees to include this clause in any subcontract awarded as a result of this PO. 5352.223-9000, Elimination of Use of Class I Ozone Depleting Substances (ODS) (May 1996). For the purposes of this clause, the following are Class I ODS: Halons: 1011, 1202, 1211, 1301, and 2402; Chlorofluorocarbons (CFCs): CFC-11, CFC-12, CFC-13, CFC-111, CFC-112, CFC-113, CFC-114, CFC-115, CFC-211, CFC-212, CFC-213, CFC-214, CFC-215, CFC-216, and CFC-217, and the blends R-500, R-501, R-502, and R-503; and, Other Controlled Substances: Carbon Tetrachloride, Methyl Chloroform, and Methyl Bromide. The Seller is required to notify Buyer if any CLASS I ODS is required in the performance of this contract. DFAR 252.208-7000, Intent to Furnish Precious Metals as Government Furnished Material (DEC 1991). Para (b) Precious Metal, Quantity, Deliverable Item (NSN Nomenclature) Gold. Contractor means Seller. DFAR 252.225-7036 Buy American Act-North American Free Trade Agreement Implementation Act-Balance of Payments Program (MAR 1998) with its ALT 1 (MAR 1998). Contractor means Seller. DFAR 252.225-7037, Duty Free Entry-Eligible End Products (MAR 1998). Contractor means Seller. DFAR 252.244-7000, Subcontracts for Commercial Items and Commercial Components (DoD Contracts) (FEB 1997). Contractor means Seller. DFAR 252.245-7001, Reports of Government Property (MAY 1994). Contractor means Seller, Government Property Administrator means Buyer; subcontractor means Sellers subcontractors. If Seller will perform work under this PO on a Government Installation, include FAR 52.237-2, Protection of Government Buildings, Equipment, and Vegetation (APR 1984). Government means Government or Buyer. Contracting Officer means Buyer. If Seller will perform work under this PO on a Government Installation, include AFFARS 5352.223-9001, Health and Safety on Government Installations (JUN 1997). Contracting Officer means Buyer. This Prime contract incorporates the deemed certification process. Accordingly, Buyers should incorporate the following Certifications and Representations into all POs issued pursuant to Prime Contract F33657-98-C-0035. Incorporation of the following deemed certs eliminates the requirement to obtain a separate paper certification for the clauses below. CERTIFICATIONS AND REPRESENTATIONS This clause contains certifications and representations that are material representations of fact upon which LOCKHEED MARTIN will rely in making awards to SELLER. By submitting its written offer, or providing oral offers/quotations at the request of LOCKHEED MARTIN, or accepting any Contract, SELLER certifies to the representations and certifications as set forth below in this clause. These certifications shall apply whenever these terms and conditions are incorporated by reference in any Contract, agreement, other contractual document or any quotation, request for quotation oral or written, request for proposal or solicitation (oral or written), issued by LOCKHEED MARTIN. CONTRACTOR shall immediately notify LOCKHEED MARTIN of any change of status with regard to these certifications and representations. The following clauses of the Federal Acquisition Regulation (FAR) are incorporated herein by reference, with the same force and effect as if they were given in full text, and are applicable to any order, agreement, or subcontract. In each clause incorporated below, substitute ſʷ for "Government" and "Contracting Agency" and "ſʷ Procurement Representative" for "Contracting Officer" throughout. (1) FAR 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Applicable to solicitations and contracts exceeding $100,000) The definitions and prohibitions contained in the clause, at FAR 52.203-12, Limitation on Payments to Influence Certain Federal Transactions are hereby incorporated by reference in paragraph (b) of this certification. SELLER certifies that to the best of its knowledge and belief that on and after December 23, 1989-- No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement; If any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with a solicitation or order, the offeror shall complete and submit, with its offer, OMB standard form LLL, Disclosure of Lobbying Activities, in accordance with its instructions, and He or she will include the language of this certification in all subcontracts at any tier and require that all recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly. c) Submission of this certification and disclosure is a prerequisite for making or entering into a contract as imposed by section 1352, title 31, United States Code. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure form to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure. FAR 52.209-5 Certification Regarding Debarment, Suspension, Proposed Debarment, and Other Responsibility Matters. SELLER certifies that, to the best of its knowledge and belief, that SELLER and/or any of its Principals, (as defined in FAR 52.209-5,) are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency. SELLER shall provide immediate written notice to LOCKHEED MARTIN if, any time prior to award of any contract, it learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The following FAR clauses apply to this Contract, if Work under the Contract will be performed in the United State or Contractor is recruiting employees in the United States to Work on the Contract. (3) FAR 52.222-22 Previous Contracts and Compliance Reports. CONTRACTOR represents that if CONTRACTOR has participated in a previous contract or subcontract subject either to Equal Opportunity clause (FAR 52.222-26) of the Solicitation/Contract, the clause originally contained in Section 310 of Executive Order No. 10925, or the clause contained in Section 201 of Executive Order No. 11114, (i) SELLER has filed all required compliance reports and (ii) that representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards. (4) FAR 52.222-25 Affirmative Action Compliance. SELLER represents (1) that SELLER has developed and has on file at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2), or (2) that in the event such a program does not presently exist, SELLER will develop and place in operation such a written Affirmative Action Compliance Program within 120 days from the award of this Contract. (5) FAR 52.223-1 Clean Air and Water Certification (Applicable to solicitations and Contracts exceeding $100,000). SELLER certifies that any facility to be used in the performance of a contract is not listed on the Environmental Protection Agency List of Violating Facilities. SELLER shall immediately notify the LOCKHEED MARTIN Procurement Representative, before any contract award, or the receipt of any communication from the Administrator, or a designee, of the Environmental Protection Agency, indicating that any facility that the Offeror proposes to use for the performance of any contract is under consideration to be listed on the EPA list of Violating Facilities. FAR 52.223-13 Certification of Toxic Chemical Release Reporting (Applicable to competitive solicitations/POs which exceed $100,000) a) Submission of this certification is a prerequisite for making or entering into this contract imposed by Executive Order 12969, August 8, 1995. b) SELLER certifies that-- As the owner or operator of facilities that will be used in the performance of this PO that are subject to the filing and reporting requirements described in section 313 of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) (42 U. S.C. 11023) and section 6607 of the Pollution Prevention Act of 1990 (PPA) (42 U.S.C. 13106), SELLER will file and continue to file for such facilities for the life of the contract the Toxic Chemical Release Inventory Form (Form R) as described in sections 313(a) and (g) of EPCRA and section 6607 of PPA; or None of its owned or operated facilities to be used in the performance of this PO is subject to the Form R filing and reporting requirements because each such facility is exempt for at least one of the following reasons: The facility does not manufacture, process or otherwise use any toxic chemicals listed under section 313(c) of EPCRA, 42 U. S.C. 11023(c); The facility does not have 10 or more full-time employees as specified in section 313.(b)(1)(A) of EPCRA 42 UNITED STATESC. 11023(b)(1)(A); The facility does not meet the reporting thresholds of toxic chemicals established under section 313(f) of EPCRA, 42 UNITED STATESC. 11023(f) (including the alternate thresholds at 40 CFR 372.27, provided an appropriate certification form has been filed with EPA); The facility does not fall within Standard Industrial Classification Code (SIC) designations 20 through 39 as set forth in FAR section 19.102 of the Federal Acquisition Regulation; or The facility is not located within any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Northern Mariana Islands, or any other territory or possession over which the United States has jurisdiction. F33657-98-C-2007 DFAR 252.244-7000, Subcontracts for Commercial Items and Commercial Components: Included in subcontracts for commercial items or commercial components, awarded at any tier. This clause incorporates DFAR 252.225-7014, Preference for Domestic Specialty Metals, Alternate 1. DFAR 252.208-7000, Intent to Furnish Precious Metals As Government Furnished Material. 5352.227-9000 EXPORT CONTROLLED DATA RESTRICTIONS For the purposes of this clause, Foreign person is any person who is not a citizen or national of the U.S. or lawfully admitted to the U.S. for permanent residence under the Immigration and Nationality Act, and includes foreign corporations, international organizations, and foreign governments; Foreign representative is anyone, regardless of nationality or citizenship, acting as an agent, representative, official, or employee of a foreign government, a foreign owned or influenced firm, corporation or person; Foreign sources are those sources (vendors, subcontractors, and suppliers) owned and controlled by a foreign person. The Seller shall place a clause in subcontracts containing appropriate export control restrictions, set forth in this clause. Nothing in this clause waives any requirement imposed by any other U.S. Government agency with respect to employment of foreign nationals or export controlled data and information. The Seller acknowledges that equipment and technical data generated and delivered under this contract are controlled by the International Traffic in Arms Regulation (ITAR), 22 CFR Sections 121 through 128. An export license is required before assigning any foreign source to perform work under this contract or before granting access to foreign persons to any equipment and technical data generated or delivered during performance (see 22 CFR Section 125). The Seller shall notify the Buyer and obtain written approval from the Buyer prior to assigning or granting access to any work, equipment, or technical data generated or delivered under this contract to foreign persons or their representatives. The notification shall include the name and country of origin of the foreign person or representative, the specific work, equipment, or data to which the person will have access, and whether the foreign person is cleared to have access to technical data (DoD 5220.22-M, National Industrial Security Program Operating Manual (NISPOM)). F33657-98-C-2015 DFARS 252.208-7000, Intent to Furnish Precious Metals as Government Furnished Material (DEC 1991). Paragraph (b). Precious Metal, Quantity, Deliverable Item (NSN and Nomenclature): Gold. DFARS 252.225-7036, Buy American Act North American Free Trade Agreement Implementation Act Balance of Payments Program, (MAR 1998) Alternate I (MAR 1998). DFARS 252.225-7037, Duty Free Entry Eligible End Products (MAR 1998). Applicable to orders subject to the North American Free Trade Agreement (NAFTA) Implementation Act. AFMC 5352.227-9000 Export-Controlled Data Restrictions (AFMC) (JUL 1997): (a) For purposes of this clause, Foreign person is any person who is not a citizen or national of the U.S. or lawfully admitted to the U.S. for permanent residence under the Immigration and Nationality Act, and includes foreign corporations, international organizations, and foreign governments; Foreign representative is anyone, regardless of nationality or citizenship, acting as an agent, representative, official, or employee of a foreign government, a foreign-owned or influenced firm, corporation or person; Foreign sources are those sources (vendors, subcontracts, and suppliers) owned and controlled be a foreign person. The Contractor shall place a clause in subcontracts containing appropriate export control restrictions, set forth in this clause. Nothing in this clause waives any requirement imposed by any other U.S. Government agency with respect to employment of foreign nationals or export controlled data and information. Equipment and technical data generated or delivered under this contract are controlled by the International Traffic and Arms Regulation (ITAR), 22 CFR Sections 121 through 128. An export license is required before assigning any foreign source to perform work under this contract or before granting access to foreign persons to any equipment and technical data generated or delivered during performance (See 22 CFR Section 125). The Contractor shall notify the Contracting Officer and obtain written approval of the Contracting Officer prior to assigning or granting access to any work, equipment, or technical data generated or delivered under this Contract to foreign persons or their representatives. The notification shall include the name and country or origin of the foreign person or representative, the specific work, equipment, or data to which the person will have access, and whether the foreign person is cleared to have access to technical data (DoD 5220.22-M, National Industrial Security Program Operating Manual (NISPOM)). F33657-98-C-2057 FAR 52.237-2, Protection of Government Buildings, Equipment and Vegetation. Applicable if any performance under this PO is on Government property. FAR 52.239-1, Privacy or Security Safeguards (AUG 1996). AFFAR 5352-242-9000, Contractor Access to Air Force Installations (MAY 1996). Applicable if Seller or Sellers subcontractors who visit Air Force installations in the performance of this PO. FAR 52.222-21 Prohibition of Segregated Facilities (Deviation) (APR 1984). Segregated facilities, as used in this clause, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, or national origin because of written or oral policies, or employee custom. The term does not include separate or single-user restrooms and necessary dressing or sleeping areas, which shall be provided to assure privacy between the sexes. The Seller agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Seller agrees that a breach of this clause is a violation of the Equal Opportunity clause in this PO. The Seller shall include this in every subcontract for which the Equal Opportunity clause is required to be flowed to Sellers subcontractors. 5. AFFAR 5352.223-9000, Elimination of Use of Class I Ozone Depleting Substances (ODS) (May 1996). For the purposes of this clause, the following are Class I ODS: Halons: 1011, 1202, 1211, 1301, and 2402; Chlorofluorocarbons (CFCs): CFC-11, CFC-12, CFC-13, CFC-111, CFC-112, CFC-113, CFC-114, CFC-115, CFC-211, CFC-212, CFC-213, CFC-214, CFC-215, CFC-216, and CFC-217, and the blends R-500, R-501, R-502, and R-503; and, Other Controlled Substances: Carbon Tetrachloride, Methyl Chloroform, and Methyl Bromide. The Seller is required to notify Buyer if any CLASS I ODS is required in the performance of this contract. 6. The Seller must comply with the Arms Export Control Act (Title 22 U.S.C. 2751, et. seq.) and International Traffic in Arms Regulation (ITAR) (22 C.F.R. 121- 128). The following H clauses must be flowed to subcontractors when applicable. H-22 Foreign Sources (OCT 1998): In the event AMMC Buyer anticipates soliciting foreign sources for any work under this contract, the Government Procuring Contracting Officer (PCO) must be notified ten working days either before applying for an export license under the ITAR 21-128, or before solicitation of the foreign sources, whichever shall occur first. This notification shall include detailed description of the Government data/equipment to be exported and a copy of the application for export license. (This clause does not apply to work associated with Foreign Military Sales). H-23 Foreign Nationals (OCT 1998): The Procuring Contracting Officer must be notified ten working days prior to assigning or granting access to any work , equipment, technical data generated or delivered in performance of this contract. This notification will include the name and country of origin of the foreign national, the specific work, equipment or data to which the person will have access, and whether the foreign national is cleared to have access to technical data. (This clause does not apply to Foreign Military Sales). F33657-99-C-0031 For all subcontracts issued under the subject Prime Contract, incorporate the following terms and conditions, applicable as noted, in addition to those other terms and conditions (the 26th Series etc.) to be used for subcontracts issued under such Prime Contract. The language of the incorporated clause(s) should be modified so that "Government" and "Contracting Officer" mean Buyer, "Contractor" means Seller, "Contract" means Purchase Order, and "Subcontractor" means Seller's Subcontractors. Add the following clauses: FAR 52.227-1, AUTHORIZATION AND CONSENT (JUL 1995) FAR 52.227-2, NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (AUG 1996) FAR 52.227-10, FILING OF PATENT APPLICATIONS CLASSIFIED SUBJECT MATTER (APR 1984) DFARS 252.227-7013, RIGHTS IN TECHNICAL DATA NONCOMMERCIAL ITEMS (NOV 1995); 252.227-7014, RIGHTS IN NONCOMMERCIAL COMPUTER SOFTWARE AND NONCOMMERCIAL COMPUTER SOFTWARE DOCUMENTATION (JUN 1995); 252.227-7016, RIGHTS IN BID OR PROPOSAL INFORMATION (JUN 1995); 252.227-7019, VALIDATION OF ASSERTED RESTRICTIONS COMPUTER SOFTWARE (JUN 1995); 252.227-7030, TECHNICAL DATA WITHHOLDING OF PAYMENT (OCT 1988); 252.227-7036, DECLARATION OF TECHNICAL DATA CONFORMITY (JAN 1997); 252.227-7037, VALIDATION OF RESTRICTIVE MARKINGS ON TECHNICAL DATA (SEP 1999), and 252.227-7039, PATENTS REPORTING OF SUBJECT INVENTIONS (APR 1990). FAR 52.249-6, TERMINATION (COST-REIMBURSEMENT) (SEP 1996). DFARS 252.225-7032, WAIVER OF UNITED KINGDOM LEVIES (OCT 1992). Applicable to orders for supplies (a) where United Kingdom firms are expected to participate as offerors/contractors, or (b) if a subcontract over $1,000,000 with a United Kingdom firm is anticipated. DFARS 252.225-7037, DUTY-FREE ENTRY ELIGIBLE END PRODUCTS (MAR 1998). Applicable to orders subject to the North American Free Trade Agreement (NAFTA) Implementation Act. F33657-99-C-0050 DFARS 252.225-7022, Restriction on Acquisition of Polyacrylonitrile (PAN) Based Carbon Fiber (JUN 1997). DFARS 252.225-7018, Notice of Prohibition of Certain Contracts with Foreign Entities for The Conduct of Ballistic Missile Defense RDT&E (JAN 1997). Include DFARS 252.225-7026, Reporting of Contract Performance Outside the United States (MAR 1998) in all first tier subcontracts exceeding $500,000, except subcontracts for commercial items, construction, ores, natural gases, utilities, petroleum products and crudes, timber (logs), or subsistence. DFARS 252.234-7001, Earned Value Management System (MAR 1998). Include DFARS 252.242-7005 Cost/Schedule Status Report Plans (MAR 1998), all subcontracts, other than firm fixed price, that are greater than 12 months in duration, and have critical or significant tasks related to the prime contract. DFARS 252.244-7000, Subcontracts for Commercial Items and Commercial Components (DOD Contracts) (FEB 1997). In addition to the clauses listed in paragraph (c) of the Subcontracts for Commercial Items and Commercial Components clause, the Seller shall include the terms of the following clause, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract: DFARS 252.225-7014, Preference for Domestic Specialty Metals, Alternate 1 (10 U.S.C. 2241 note). AFMC 5352.227-9000 Export-Controlled Data Restrictions (AFMC) (JUL 1997): For purposes of this clause, Foreign person is any person who is not a citizen or national of the U.S. or lawfully admitted to the U.S. for permanent residence under the Immigration and Nationality Act, and includes foreign corporations, international organizations, and foreign governments; Foreign representative is anyone, regardless of nationality or citizenship, acting as an agent, representative, official, or employee of a foreign government, a foreign-owned or influenced firm, corporation or person. Foreign sources are those sources (vendors, subcontracts, and suppliers) owned and controlled be a foreign person. The Contractor shall place a clause in subcontracts containing appropriate export control restrictions, set forth in this clause. Nothing in this clause waives any requirement imposed by any other U.S. Government agency with respect to employment of foreign nationals or export controlled data and information. Equipment and technical data generated or delivered under this contract are controlled by the International Traffic and Arms Regulation (ITAR), 22 CFR Sections 121 through 128. An export license is required before assigning any foreign source to perform work under this contract or before granting access to foreign persons to any equipment and technical data generated or delivered during performance (See 22 CFR Section 125). The Contractor shall notify the Contracting Officer and obtain written approval of the Contracting Officer prior to assigning or granting access to any work, equipment, or technical data generated or delivered under this Contract to foreign persons or their representatives. The notification shall include the name and country or origin of the foreign person or representative, the specific work, equipment, or data to which the person will have access, and whether the foreign person is cleared to have access to technical data (DoD 5220.22-M, National Industrial Security Program Operating Manual (NISPOM)). H-005 Modification of Data Requirements. From time to time during the performance of this contract, the Contracting Officer may unilaterally change the place of delivery and the technical office for any line item of the DD Forms 1423, designated as Exhibits hereto, at no change in the contract price, notwithstanding the provisions of the clause entitled Changes. From time to time during the performance of this contract, the Contracting Officer, may unilaterally increase or decrease the number of addresses and or increase or decrease the number of copies (regular or reproducible) specified for any addresses of any data item of said Exhibits and Attachments, hereto. This will be done at no change in contract price provided that the increase in total number of copies (regular or reproducible) for an individual line item of data shall not be greater than one-hundred percent of the total number of copies (regular and reproducible) initially specified in said Exhibits for that line item, nor shall the decrease in the total number of copies () for an individual line item of data be greater than fifty percent of the total number of copies () initially specified in said Exhibits for that line item. In the event of an increase greater than the above states 100% or of a decrease greater than the above stated 50%, the parties will negotiate any adjustments in accordance with the procedures of the Changes clause. Unilateral action pursuant to paragraphs (a) and (b) above shall be by the issuance of a Change Order to this contract which will reference this part as its authority. Any action directed by this part shall be effected by the Contractor beginning with the first submission of the particular data item or items after receipt by the Contractor of the Change Order directing such action. F33657-99-C-0059 Delete the following clauses: FAR 52.215-22, Price Reduction for Defective Cost or Pricing Data (OCT 1995) (or, if included in Buyers prime contract, 52.215-10, Price Reduction for Defective Cost or Pricing Data (OCT 1997)). FAR 52.215-24, Subcontractor Cost or Pricing Data (OCT 1995) (or, if included in Buyers prime contract, 52.215-12, Subcontractor Cost or Pricing Data (OCT 1997)). CAS requirements were not imposed on the Buyer or Buyers suppliers in the basic prime contract. As such, the CAS requirements in Appendix J do not need to be imposed through contract on the suppliers for work performed pursuant to the basic prime contract. If, at some time, CAS requirements are imposed on the prime contract, a new Special Instruction will be published advising of the same. Add the following clauses: Add the following after FAR 52.215-23, Price Reduction for Defective Cost or Pricing Data Modifications (OCT 1995) (or, if included in Buyers prime contract, 52.215-11, Price Reduction for Defective Cost or Pricing Data Modifications (OCT 1997)): If Buyer is subject to any liability or expense, including without limitation Government withholding of payments, as the result of: 1) Sellers or its lower tier subcontractors submission and/or certification of alleged or actual defective cost or pricing data, as set forth in this clause (or 52.215-11, as applicable); or 2) their furnishing, as prospective subcontractors, alleged or actual defective cost or pricing data, which data was certified or required to be certified by Buyer to be accurate, complete and current as of the date specified by Buyer in its Certificate of Current Cost or Pricing Data, and which data Seller was given timely notice by Buyer to furnish and/or update prior to such date specified in such certificate; or 3) the Government Contracting Officers rejection of Sellers or Sellers lower-tier subcontractors claim for exception from submission of certified cost or pricing data on the basis that the price offered by the Seller or lower-tier subcontractor is based on an established catalog or market price of a commercial item sold in substantial quantities to the general public, is a price set by law or regulation, is a commercial item; or, on any other basis set forth in FAR 15.804-1 (or FAR 15.403-1, as applicable) or other pertinent law or regulation; or 4) their furnishing data of any description that is allegedly or actually inaccurate as set forth in this clause (or 52.215-11, as applicable), then Seller agrees to indemnify and hold Buyer harmless to the full extent of any damage or expense resulting from such action. FAR 52.239-1, Privacy or Security Safeguards (AUG 1996). DFARS 252.225-7007, Buy American Act Trade Agreements Balance of Payments Program, (MAR 1998). DFARS 252.225-7032, Waiver of United Kingdom Levies, (OCT 1992). Applicable to orders for supplies (a) where United Kingdom firms are expected to participate as offerors/contractors; or (b) if a subcontract over $1,000,000 with a United Kingdom firm is anticipated. DFARS 252.225-7036, Buy American Act North American Free Trade Agreement Implementation Act Balance of Payments Program, (MAR 1998). DFARS 252.225-7037, Duty - Free Entry Eligible End Products, (MAR 1998). Applicable to orders subject to the North American Free Trade Agreement (NAFTA) Implementation Act. DFARS 252.244-7000, Subcontracts for Commercial Items and Commercial Components, (FEB 1997). In addition to the clauses listed in paragraph (c) of the Subcontracts for Commercial Items and Commercial Components clause of this contract, the Contractor shall include the terms of the following clause, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract: DFARS 252.225-7014, Preference for Domestic Specialty Metals, Alternate I (10 U.S.C. 2241 note). AFMC 5352.227-9000 Export-Controlled Data Restrictions (AFMC) (JUL 1997): For purposes of this clause, Foreign person is any person who is not a citizen or national of the U.S. or lawfully admitted to the U.S. for permanent residence under the Immigration and Nationality Act, and includes foreign corporations, international organizations, and foreign governments; 3 Foreign representative is anyone, regardless of nationality or citizenship, acting as an agent, representative, official, or employee of a foreign government, a foreign-owned or influenced firm, corporation or person; Foreign sources are those sources (vendors, subcontracts, and suppliers) owned and controlled be a foreign person. The Contractor shall place a clause in subcontracts containing appropriate export control restrictions, set forth in this clause. Nothing in this clause waives any requirement imposed by any other U.S. Government agency with respect to employment of foreign nationals or export controlled data and information. Equipment and technical data generated or delivered under this contract are controlled by the International Traffic and Arms Regulation (ITAR), 22 CFR Sections 121 through 128. An export license is required before assigning any foreign source to perform work under this contract or before granting access to foreign persons to any equipment and technical data generated or delivered during performance (See 22 CFR Section 125). The Contractor shall notify the Contracting Officer and obtain written approval of the Contracting Officer prior to assigning or granting access to any work, equipment, or technical data generated or delivered under this Contract to foreign persons or their representatives. The notification shall include the name and country or origin of the foreign person or representative, the specific work, equipment, or data to which the person will have access, and whether the foreign person is cleared to have access to technical data (DoD 5220.22-M, National Industrial Security Program Operating Manual (NISPOM)). AFMC 5352.227-9002, Visit Requests by Foreign-Owned or Controlled Firms (AFMC) (JUL 1997), subparagraphs (b) and (c): Subcontractors which are foreign-owned or controlled and require access to a U.S. Government installation shall have their prime Contractor submit a visit request to the security police office of the base being visited at least two weeks before the scheduled meeting. Canadian Contractors and Canadian government employees may directly arrange visits by having their security office submit a visit request to the security police office of the base being visited at least two weeks before the scheduled meeting. Modify the following clauses: DFARS 252.225-7027, Restriction on Contingent Fees for Foreign Military Sales. For purposes of subparagraph (b)(1), Countries listed in the prime Contract are the following: Greece. F33657-99-C-2010 1. AIR FORCE FEDERAL ACQUISITION REGULATION SUPPLEMENT CONTRACT CLAUSES 5352.223-9000, Elimination of Use of Class I Ozone Depleting Substances (ODS) (May 1996). For the purposes of this clause, the following are Class I ODS: Halons: 1011, 1202, 1211, 1301, and 2402; Chlorofluorocarbons (CFCs): CFC-11, CFC-12, CFC-13, CFC-111, CFC-112, CFC-113, CFC-114, CFC-115, CFC-211, CFC-212, CFC-213, CFC-214, CFC-215, CFC-216, and CFC-217, and the blends R-500, R-501, R-502, and R-503; and, Other Controlled Substances: Carbon Tetrachloride, Methyl Chloroform, and Methyl Bromide. The Seller is required to notify Buyer if any CLASS I ODS is required in the performance of this contract. AIR FORCE MATERIEL COMMAND FAR CONTRACT CLAUSES 5352.225-9001, ENGLISH LANGUAGE REQUIREMENTS (AFMC) (JUL 1997) Deliver all documents in the English language. Provide an English language speaking person during in-plant visits, inspections, reviews, audits, and other similar activities. 5352.227-9000 EXPORT CONTROLLED DATA RESTRICTIONS For the purposes of this clause, Foreign person is any person who is not a citizen or national of the U.S. or lawfully admitted to the U.S. for permanent residence under the Immigration and Nationality Act, and includes foreign corporations, international organizations, and foreign governments; Foreign representative is anyone, regardless of nationality or citizenship, acting as an agent, representative, official, or employee of a foreign government, a foreign owned or influenced firm, corporation or person; Foreign sources are those sources (vendors, subcontractors, and suppliers) owned and controlled by a foreign person. The Seller shall place a clause in subcontracts containing appropriate export control restrictions, set forth in this clause. Nothing in this clause waives any requirement imposed by any other U.S. Government agency with respect to employment of foreign nationals or export controlled data and information. The Seller acknowledges that equipment and technical data generated and delivered under this contract are controlled by the International Traffic in Arms Regulation (ITAR), 22 CFR Sections 121 through 128. An export license is required before assigning any foreign source to perform work under this contract or before granting access to foreign persons to any equipment and technical data generated or delivered during performance (see 22 CFR Section 125). The Seller shall notify the Buyer and obtain written approval from the Buyer prior to assigning or granting access to any work, equipment, or technical data generated or delivered under this contract to foreign persons or their representatives. The notification shall include the name and country of origin of the foreign person or representative, the specific work, equipment, or data to which the person will have access, and whether the foreign person is cleared to have access to technical data (DoD 5220.22-M, National Industrial Security Program Operating Manual (NISPOM). RETENTION OF SPARES MANUFACTURING CAPABILITY (H-019): a. The Government deems it beneficial for title of Special Tooling, except that Special Tooling acquired by EPG industry subcontractors, at any tier and by FMS industry subcontractors at any tier, to remain with the ſʷ. Therefore, unless ſʷ purchases Sellers Special Tooling, Seller shall retain title to such tooling upon completion or termination of all or a substantial part of the work under this contract for the purpose and under the conditions hereafter stated. Seller shall retain the capability and assume the obligation to support the F-16Air Combat Fighter with replenishment spare parts and assemblies as ordered under the Spares Acquisition Improvement Program contract(s) except as provided in paragraphs (c) and (g) of this agreement. Definition Special Tooling means all jigs, dies, fixtures, molds, patterns, taps, gauges, other equipment and manufacturing aids, and replacements, thereof, which are of such a specialized nature that without substantial modification or alteration, their use is limited to the development or production of particular supplies or parts thereof, or the performance of particular supplies or parts thereof, or the performance of particular services. The term includes all components of such items, but does not include: i. consumable property ii. special test equipment; or iii. buildings, and nonseverable structures (except foundations and similar improvements necessary to the installation of special tooling), general or special machine tools, or similar capital items. c. Seller agrees to provide those replenishment spare parts and assemblies ordered under the Spares Acquisition Improvement Program Contract(s) as required to support the above weapon system for a period of six (6) years following delivery of the last hardware item, after which an extension of this agreement may be required, provided, however, that if Seller is unable to meet its support obligations as provided herein by reason of exclusion of the EPG industry subcontractors and the FMS industry subcontractors from this agreement, the aforesaid six (6) year period shall commence following delivery of the last hardware item manufactured and assembled by Seller and any subcontractor other than EPG industry subcontractors. Seller shall notify the ſʷ in writing, 120 days prior to the expiration of this agreement that the agreement expires on a particular date. ſʷ will advise Seller of the Government requirements for continued support prior to the expiration of this agreement. Normal refurbishing, modification, replacements and additional tooling for new requirements shall be charged to the applicable spare order. Refurbishment, modification, and replacement costs for special tooling used for commercial or direct Third Country sales work will not be borne by the Government or ſʷ as direct or indirect charges. Where special tooling is used for commercial or direct Third Country sales work, Seller agrees to afford the ſʷ and Government requirements priority over such work. Seller further agrees not to charge the Government or ſʷ any costs associated with returning special tooling to its original configuration in the event it has been modified for commercial or direct Third Country sales use. Seller further agrees to negotiate a similar agreement with subcontractors having special tooling that may be required to support the F-16 Air Combat Fighter. The Government and ſʷ reserves the right to acquire spare parts or assemblies directly from those suppliers, vendors, or subcontractors who normally supply spare parts or assemblies. 4. END ITEM BEYOND ECONOMICAL REPAIR (H-015): This clause is applicable only if this PO is for the repair of GFAE, GFP, BFE. Economically Repairable End Items are hereby defined as Repairable End Items which can be restored to a serviceable condition in accordance with applicable requirements, when costs of repair will not exceed 75% of the Stock List Price. Whenever Seller estimates the total cost of repair of any end item received for repair and/or overhaul will exceed 75% of the Stock List Price, the Seller shall perform no further services on any such item except at the direction of ſʷ. Upon receipt by the Seller of a written determination by ſʷ to the effect that a particular item is not repairable, Seller shall make disposition of the unit in the manner directed by ſʷ. Authorization to repair item(s) when the total cost to repair is estimated by Seller to exceed 75% of the Stock List Price must be obtained from ſʷ. 5. FAR 52.242-2, Production Progress Reports (APR 1991). Contracting Officer means Buyer and contractor means Seller. DFAR 252.225-7032, Waiver of United Kingdom Levies (OCT 1992): Applicable if this contract is greater than $1 million and is with a United Kingdom firm. Contracting Officer means Buyer and Contractor means Seller. In paragraph (d)(3), U.S. Government means Buyer. F33657-99-C-2044 Add the following clauses: FAR 52.225-13, Restrictions on Certain Foreign Purchases, (FEB 2000). DFARS 252.208-7000, Intent to Furnish Precious Metals, (DEC 1991). Include DFARS 252.217-7028, Over and Above Work, (DEC 1991) in POs where over and above work may be required and no specific arrangement for handling such work is specified in the PO. DFARS 252.225-7036, Buy American Act North American Free Trade Agreement Implementation Act Balance of Payments Program, (MAR 1998). DFARS 252.225-7037, Duty-Free Entry Eligible End Products, (MAR 1998). DFARS 252.244-7000, Subcontracts for Commercial Items and Commercial Components, (FEB 1997). In addition to the clauses listed in paragraph (c) of the Subcontracts for Commercial Items and Commercial Components clause of this contract, the Contractor shall include the terms of the following clause, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract: DFARS 252.225-7014, Preference for Domestic Specialty Metals, Alternate I (10 U.S.C. 2241 note). H-005, Release of Information, (MAY 2000) The contractor shall not make public release of any information relating to all or any part of this contract without prior approval of the Office of Public Affairs, ASC/PA, Wright-Patterson AFB OH 45433-6503. For purposes of this clause, information includes but is not limited to news releases, articles, manuscripts, brochures, advertisements, still and motion pictures, speeches, trade association meetings, symposia, published professional papers, etc. Twelve copies of any information to be released must be submitted to ASC/PA for security and policy review and clearance 45 days prior to release. Information copies will also be sent to the cognizant contracting officer and project engineer. Either author may submit paper/presentations co-authored with an Air Force author. The contractor agrees that in the release of information relating to this contract, such release shall include a statement to the effect that the project or effort depicted was or is sponsored by the agency set forth below: Aeronautical Systems Center (AFMC), Wright-Patterson AFB OH. Nothing in the foregoing shall affect compliance with the requirements of Section 1 clauses entitled Security Requirements or Disclosure of Information. The contractor further agrees to include this clause in any subcontract awarded as a result of this contract. H-006, Thirty-Day Turn-Around Time for CLTS is applicable only for the following equipment/system and for the following programs: A. USAF Program: 1. MMC 3001/5000 Modules 2. CDEEU 3. CCMFDS B. EPAF and Taiwan Programs: Aggregate of MMC 3000 Modules In the event the any of above listed equipment/system(s) are being purchased, please contact the Legal Department for the H-006 clause. This clause includes the Turn Around Time (TAT) Requirement with its verification method, penalty provisions for poor TAT performance, and incentive provisions for extraordinarily good TAT performance. Coordination with the Program Office is recommended. 9. H-009, Total System Performance Responsibility (TSPR) for CLTS, (MAY 2000). The Contractor hereby agrees to assume Total System Performance Responsibility (TSPR). Under the provisions of TSPR, the contractor shall accept responsibility for ensuring that any DMS problem resolution fix or R&M improvement change made to the CLTS equipment under the CLTS contract, shall continue to meet the specified performance requirements as defined by the performance based specifications and the AS3 developed under Common Configuration Implementation Program, M2/M2+, and the M3/M3+ Program. In addition, any DMS fix or R&M change accomplished, during the CLTS contract shall not degrade F3I at the block 40 and 50 F-16 aircraft level as defined in the equipment performance based on spec and the aircraft ICDs. Further, the aforementioned CLTS equipment fixes and changes shall not impact the O-level support systems (i.e. O-Level tech data). The contractor shall insure that all changes due to DMS and R&M improvements do not impact safety, suitability and effectiveness of the weapon system as specified in the performance base specifications and ICDs of the CLTS equipment. This clause, or a substantially similar clause agreed to by both the Government and the Contractor, is to be included in all CCIP contracting actions for the life of the CLTS Program. F33657-99-C-2048 Delete the following clauses: FAR 52.215-22, Price Reduction for Defective Cost or Pricing Data (OCT 1995) (or, if included in Buyers prime contract, 52.215-10, Price Reduction for Defective Cost or Pricing Data (OCT 1997)). FAR 52.215-24, Subcontractor Cost or Pricing Data (OCT 1995) (or, if included in Buyers prime contract, 52.215-12, Subcontractor Cost or Pricing Data (OCT 1997)). CAS requirements were not imposed on the Buyer in the basic prime contract. As such, the CAS requirements in Appendix J do not need to be imposed through contract on the suppliers for work performed pursuant to the basic prime contract. If, at some time, CAS requirements are imposed on the prime contract, a new Special Instruction will be published advising of the same. Add the following clauses: Add the following after FAR 52.215-23, Price Reduction for Defective Cost or Pricing Data Modifications (OCT 1995) (or, if included in Buyers prime contract, 52.215-11, Price Reduction for Defective Cost or Pricing Data Modifications (OCT 1997)): If Buyer is subject to any liability or expense, including without limitation Government withholding of payments, as the result of: 1) Sellers or its lower tier subcontractors submission and/or certification of alleged or actual defective cost or pricing data, as set forth in this clause (or 52.215-11, as applicable); or 2) their furnishing, as prospective subcontractors, alleged or actual defective cost or pricing data, which data was certified or required to be certified by Buyer to be accurate, complete and current as of the date specified by Buyer in its Certificate of Current Cost or Pricing Data, and which data Seller was given timely notice by Buyer to furnish and/or update prior to such date specified in such certificate; or 3) the Government Contracting Officers rejection of Sellers or Sellers lower-tier subcontractors claim for exception from submission of certified cost or pricing data on the basis that the price offered by the Seller or lower-tier subcontractor is based on an established catalog or market price of a commercial item sold in substantial quantities to the general public, is a price set by law or regulation, is a commercial item; or, on any other basis set forth in FAR 15.804-1 (or FAR 15.403-1, as applicable) or other pertinent law or regulation; or 4) their furnishing data of any description that is allegedly or actually inaccurate as set forth in this clause (or 52.215-11, as applicable), then Seller agrees to indemnify and hold Buyer harmless to the full extent of any damage or expense resulting from such action. FAR 52.239-1, Privacy or Security Safeguards (AUG 1996). DFARS 252.225-7007, Buy American Act Trade Agreements Balance of Payments Program, (MAR 1998). DFARS 252.225-7021, Trade Agreements, (MAR 1998). DFARS 252.225-7032, Waiver of United Kingdom Levies, (OCT 1992). Applicable to orders for supplies (a) where United Kingdom firms are expected to participate as offerors/contractors; or (b) if a subcontract over $1,000,000 with a United Kingdom firm is anticipated. AFMC 5352.227-9000 Export-Controlled Data Restrictions (AFMC) (JUL 1997): For purposes of this clause, Foreign person is any person who is not a citizen or national of the U.S. or lawfully admitted to the U.S. for permanent residence under the Immigration and Nationality Act, and includes foreign corporations, international organizations, and foreign governments; Foreign representative is anyone, regardless of nationality or citizenship, acting as an agent, representative, official, or employee of a foreign government, a foreign-owned or influenced firm, corporation or person; Foreign sources are those sources (vendors, subcontracts, and suppliers) owned and controlled be a foreign person. The Contractor shall place a clause in subcontracts containing appropriate export control restrictions, set forth in this clause. Nothing in this clause waives any requirement imposed by any other U.S. Government agency with respect to employment of foreign nationals or export controlled data and information. Equipment and technical data generated or delivered under this contract are controlled by the International Traffic and Arms Regulation (ITAR), 22 CFR Sections 121 through 128. An export license is required before assigning any foreign source to perform work under this contract or before granting access to foreign persons to any equipment and technical data generated or delivered during performance (See 22 CFR Section 125). The Contractor shall notify the Contracting Officer and obtain written approval of the Contracting Officer prior to assigning or granting access to any work, equipment, or technical data generated or delivered under this Contract to foreign persons or their representatives. The notification shall include the name and country or origin of the foreign person or representative, the specific work, equipment, or data to which the person will have access, and whether the foreign person is cleared to have access to technical data (DoD 5220.22-M, National Industrial Security Program Operating Manual (NISPOM)). AFMC 5352.227-9002, Visit Requests by Foreign-Owned or Controlled Firms (AFMC) (JUL 1997), subparagraphs (b) and (c): Subcontractors which are foreign-owned or controlled and require access to a U.S. Government installation shall have their prime Contractor submit a visit request to the security police office of the base being visited at least two weeks before the scheduled meeting. Canadian Contractors and Canadian government employees may directly arrange visits by having their security office submit a visit request to the security police office of the base being visited at least two weeks before the scheduled meeting. The Prime Contract contains a Pre-Agreed Consideration for Late Deliver(ies) (Liquidated Damages) Clause for failure to make deliveries of aircraft due to the non-availability of the following items: - Environmental Control Systems; - Voice Message Unit; - Israeli Color Display Processor (ICDP); - Advanced Data Transfer Equipment (ADTE); - APG-68(V)XM Radar, Embedded Global Positioning System/Inertial Navigation System (GPS/INS); or - Instrument Landing System Multi-Mode Receiver (ILS MMR). Modify the following clauses: DFARS 252.225-7027, Restriction on Contingent Fees for Foreign Military Sales. For purposes of subparagraph (b)(1), Countries listed in the prime Contract are the following: Israel. F33657-99-G-3800 FAR 52.223-12, Refrigeration Equipment and Air Conditioners (May 1995): Seller shall comply with the applicable requirements of Sections 608 and 609 of the Clean Air Act (42 U.S.C. 7671g and 7671h) as each or both apply to this PO. Air Force Federal Acquisition Regulation Supplement Contract Clauses (AFFARS): 5352.223-9000, Elimination of Use of Class I Ozone Depleting Substances (ODS) (May 1996). For the purposes of this clause, the following are Class I ODS: Halons: 1011, 1202, 1211, 1301, and 2402; Chlorofluorocarbons (CFCs): CFC-11, CFC-12, CFC-13, CFC-111, CFC-112, CFC-113, CFC-114, CFC-115, CFC-211, CFC-212, CFC-213, CFC-214, CFC-215, CFC-216, and CFC-217, and the blends R-500, R-501, R-502, and R-503; and, Other Controlled Substances: Carbon Tetrachloride, Methyl Chloroform, and Methyl Bromide. The Seller is required to notify Buyer if any CLASS I ODS is required in the performance of this contract. 3. Air Force Material Command Contract Clauses (AFMC): 5352.237-9001 Contractor Identification (AFMC) (JUL 1997). Sellers personnel and Sellers subcontractors must identify themselves as Seller or Sellers subcontractors during meetings, telephone conversations, in electronic messages, or correspondence related to this contract. Seller-occupied facilities (on AFMC or other Government installations) such as offices, separate rooms, or cubicles must be clearly identified with Seller supplied signs, name plates or other identification, showing that these are work areas for Seller or Sellers subcontractor personnel. 5352.225-9000 Law Covering Contracts (AFMC) (JUL 1997). This contract shall be governed by and interpreted in accordance with the laws of the United States of America. 5352.225-9001 English Language Requirements (AFMC) (JUL 1997). Deliver all documents in the English language. Provide an English language speaking person during in-plant visits, inspections, reviews, audits, and other similar activities. 4. Additional Clauses: DROP-IN MAINTENANCE: From time to time, the Government may request to drop in additional (insert the Model Design Series (MDS)) aircraft for emergency repair and maintenance under (insert the applicable contract line item). To the extent feasible, based on Sellers facilities and experience, the Seller shall accept such work to support the aircraft repair and maintenance. End Items Beyond Economical Repair: "Economically Reparable End Items" are defined as end items which can be restored to a serviceable condition, in accordance with applicable requirements, when costs of repair will not exceed (Insert percentage) of the Stock List Price specified in the contract. If the Seller estimates the total cost of the repair and/or overhaul of any end item received will exceed the above percentage of the Stock List Price, the Seller shall promptly notify the Buyer in writing and shall not perform further services on any such items except at the direction of the Buyer. The Buyer may authorize the Seller, through Buyers authorized representative, to exceed the percentage of the Stock List Price specified above is an item in critical supply status. Maintenance Acceleration/Compression: The parties hereto recognize that an emergency situation could occur which would require immediate availability of aircraft, engines, or end items. As such, a need exists for a method of amending the contract in an expeditious action. If and when such a situation occurs, the Buyer shall issue a directive in writing. Price, delivery and other terms and conditions shall be negotiated and reflected in a modification to the contract in the event this clause becomes operative. The Buyers authorized representative shall issue the directive in writing, or verbally if time prohibits. The Buyer shall confirm any such verbal directive in writing at the earliest possible date. F33657-00-C-2056 Add the following clauses: FAR 52.239-1, Privacy or Security Safeguards (AUG 1996). DFARS 252.225-7032, Waiver of United Kingdom Levies, (OCT 1992). Applicable to orders for supplies (a) where United Kingdom firms are expected to participate as offerors/contractors; or (b) if a subcontract over $1,000,000 with a United Kingdom firm is anticipated. AFMC 5352.227-9000 Export-Controlled Data Restrictions (AFMC) (JUL 1997): For purposes of this clause, Foreign person is any person who is not a citizen or national of the U.S. or lawfully admitted to the U.S. for permanent residence under the Immigration and Nationality Act, and includes foreign corporations, international organizations, and foreign governments; Foreign representative is anyone, regardless of nationality or citizenship, acting as an agent, representative, official, or employee of a foreign government, a foreign-owned or influenced firm, corporation or person; Foreign sources are those sources (vendors, subcontracts, and suppliers) owned and controlled be a foreign person. The Contractor shall place a clause in subcontracts containing appropriate export control restrictions, set forth in this clause. Nothing in this clause waives any requirement imposed by any other U.S. Government agency with respect to employment of foreign nationals or export controlled data and information. Equipment and technical data generated or delivered under this contract are controlled by the International Traffic and Arms Regulation (ITAR), 22 CFR Sections 121 through 128. An export license is required before assigning any foreign source to perform work under this contract or before granting access to foreign persons to any equipment and technical data generated or delivered during performance (See 22 CFR Section 125). The Contractor shall notify the Contracting Officer and obtain written approval of the Contracting Officer prior to assigning or granting access to any work, equipment, or technical data generated or delivered under this Contract to foreign persons or their representatives. The notification shall include the name and country or origin of the foreign person or representative, the specific work, equipment, or data to which the person will have access, and whether the foreign person is cleared to have access to technical data (DoD 5220.22-M, National Industrial Security Program Operating Manual (NISPOM)). F33657-00-C-2189 DFARS 252.225-7037, DUTY-FREE ENTRY ELIGIBLE END PRODUCTS (MAR 1998) F33657-01-D-2067 Supplement to Appendix A For all subcontracts issued under the subject Prime Contract, incorporate the following terms and conditions, applicable as noted, in addition to those other terms and conditions (the 26th Series etc.) to be used for subcontracts issued under such Prime Contract. The language of the incorporated clause(s) should be modified so that "Government" and "Contracting Officer" mean Buyer, "Contractor" means Seller, "Contract" means Purchase Order, and "Subcontractor" means Seller's Subcontractors. Add the following clauses: FAR 52.227-1, AUTHORIZATION AND CONSENT (JUL 1995) FAR 52.227-2, NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (AUG 1996) DFARS 252.227-7013, RIGHTS IN TECHNICAL DATA NONCOMMERCIAL ITEMS (NOV 1995); 252.227-7016, RIGHTS IN BID OR PROPOSAL INFORMATION (JUN 1995); 252.227-7030, TECHNICAL DATA WITHHOLDING OF PAYMENT (MAR 2000); 252.227-7036, DECLARATION OF TECHNICAL DATA CONFORMITY (JAN 1997); and 252.227-7037, VALIDATION OF RESTRICTIVE MARKINGS ON TECHNICAL DATA (SEP 1999). DFARS 252.226-7001, UTILIZATION OF INDIAN-OWNED ECONOMIC ENTERPRISES DOD CONTRACTS (SEP 2001) (applies to subcontracts over the simplified acquisition threshold, except for commercial items) FAR 52.243-3, CHANGES TIME AND MATERIALS OR LABOR HOURS (SEP 2000) FAR 52.245-5, GOVERNMENT PROPERTY (COST-REIMBURSEMENT, TIME AND MATERIALS, OR LABOR-HOUR CONTRACTS) (JAN 1986) FAR 52.249-6, TERMINATION (COST-REIMBURSEMENT) (SEP 1996). FA8206-07-C-0001 For all subcontracts issued under the subject Prime Contract, the following terms and conditions, applicable as noted, are incorporated by reference in addition to those other terms and conditions (the 27th Series, etc.) to be used for subcontracts issued under such Prime Contract. The language of the incorporated clause(s) should be modified so that "Government" and "Contracting Officer" mean Buyer, "Contractor" means Seller, "Contract" means Purchase Order, and "Subcontractor" means Seller's Subcontractors. Delete the following clauses: FAR 52.222-38, COMPLIANCE WITH VETERANS EMPLOYMENT REPORTING REQUIREMENTS FAR 52.229-3, FEDERAL, STATE AND LOCAL TAXES FAR 52.229-4, FEDERAL, STATE AND LOCAL TAXES (NONCOMPETITIVE CONTRACT) FAR 52.237-8, RESTRICTION ON SEVERANCE PAYMENTS TO FOREIGN NATIONALS FAR 52.244-6, SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL COMPONENTS FAR 52.245-17, SPECIAL TOOLING FAR 52.245-18, SPECIAL TEST EQUIPMENT DFARS 252.209-7000, ACQUISITION FROM SUBCONTRACTORS SUBJECT TO ON-SITE INSPECTION UNDER INTERMEDIATE-RANGE NUCLEAR FORCES (INF) TREATY DFARS 252.225-7003, REPORT OF INTENDED PERFORMANCE OUTSIDE THE UNITED STATES DFARS 252.225-7004, REPORTING OF CONTRACT PERFORMANCE OUTSIDE THE UNITED STATES DFARS 252.225-7015, PREFERENCE FOR DOMESTIC HAND OR MEASURING TOOLS DFARS 252.225-7033, WAIVER OF UK LEVIES. Add or modify the following FAR clauses: In Appendix A 27th Series, paragraph 1, Definitions, delete the reference to FAR 52.202-1 and replace it with FAR 2.101. FAR 52.203-6, RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006). In the note accompanying this clause in Appendix A 27th Series, delete $100,000 and replace FAR 52.203-12, LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2005). Delete the last sentence in the note accompanying this clause in Appendix A 27th Series and replace it with the following: Sellers disclosure forms and those of Sellers lower tier subcontractors will be provided to ſʷ. Add the following after FAR 52.215-10 AND 52.215-11: If Buyer is subject to any liability or expense, including without limitation Government withholding of payments, as the result of: 1) Sellers or its lower tier subcontractors submission and/or certification of alleged or actual defective cost or pricing data, as set forth in this clause or 2) their furnishing, as prospective subcontractors, of alleged or actual defective cost or pricing data, which data was certified or required to be certified by Buyer to be accurate, complete and current as of the date specified by Buyer in its Certificate of Current Cost or Pricing Data, and which data Seller was given timely notice by Buyer to furnish and/or update prior to such date specified in such certificate; or 3) the Government Contracting Officers rejection of Sellers or Sellers lower-tier subcontractors claim for exception from submission of certified cost or pricing data on the basis that the price offered by the Seller or lower-tier subcontractor is based on an established catalog or market price of a commercial item sold in substantial quantities to the general public, is a price set by law or regulation, is a commercial item; or, on any other basis set forth in 15.403-1 or other pertinent law or regulation; or 4) their furnishing data of any description that is allegedly or actually inaccurate as set forth in this clause, then Seller agrees to indemnify and hold Buyer harmless to the full extent of any damage or expense resulting from such action. FAR 52.219-9, SMALL BUSINESS SUBCONTRACTING PLAN. In the note accompanying this clause in Appendix A 27th Series, replace $500,000 with $550,000. FAR 52.222-35, EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (SEP 2006). In the note accompanying this clause in Appendix A 27th Series, replace $25,000 with $100,000. FAR 52.222-37, EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (SEP 2006). In the note accompanying this clause in Appendix A 27th Series, replace $25,000 with $100,000. FAR 52.222-39, NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION DUES OR FEES (DEC 2004). Applies to all subcontracts that exceed the FAR simplified acquisition threshold, as defined in FAR 2.101. 3 FAR 52.229-4, FEDERAL, STATE, AND LOCAL TAXES (STATE AND LOCAL ADJUSTMENTS) (APR 2003). FAR 52.244-6, SUBCONTRACTS FOR COMMERCIAL ITEMS (SEP 2007). Add or modify the following DFARS and AFMC clauses: DFARS 252.211-7003, ITEM IDENTIFICATION AND VALUATION (JUN 2005). Applicable if this Contract requires the Items to contain unique item identification. Paragraph (c)(1)(iii) TBD. In (c)(3)(i), (c)(4)(i), (d), (e), and (f) Contractor shall mean Subcontractor; all reports required to be submitted under this clause shall be submitted to ſʷ at a location to be identified; delete paragraph (g) and insert the following in lieu thereof: (g) Lower-Tier Subcontracts. Seller shall include this clause, including this paragraph (g), in all lower tier subcontracts issued under this Subcontract for the acquisition of components identified herein as requiring UID. DFARS 252.225-7006***, QUARTERLY REPORTING OF ACTUAL CONTRACT PERFORMANCE OUTSIDE THE UNITED STATES (DEC 2006). Applies if this PO exceeds $550,000. Paragraph (f) is deleted. DFARS 252.225-7015, RESTRICTION ON ACQUISITION OF HAND OR MEASURING TOOLS (JUN 2005). Applies if this PO requires the delivery of hand or measuring tools. DFARS 252.225-7016, RESTRICTION ON ACQUISITION OF BALL AND ROLLER BEARINGS (Mar 2006). Applies if the Items contain ball or roller bearings. DFARS 252.225-7019, RESTRICTION ON ACQUISITION OF ANCHOR AND MOORING CHAIN (JUN 2005). Applies unless the Items acquired contain none of the restricted welded shipboard anchor and mooring chain four inches or less in diameter. DFARS 252-225-7021, TRADE AGREEMENTS (OCT 2006). DFARS 252.225-7023, RESTRICTION ON THE ACQUISITION OF VESSEL PROPELLERS (SEP 2006). Applies if vessel propellers or components will be furnished. DFARS 252.225-7025, RESTRICTION ON ACQUISITION OF FORGINGS (JUL 2006). Applies in all POs for items containing restricted forging items. DFARS 252.225-7027, RESTRICTION ON CONTINGENT FEES FOR FOREIGN MILITARY SALES (APR 2003). For purposes of subparagraph (b)(1), countries listed in the Prime Contract are the following: Australia, Taiwan, Egypt, Greece, Israel, Japan, Jordan, Republic of Korea, Kuwait, Pakistan, Philippines, Saudi Arabia, Turkey, Thailand, or Venezuela (Air Force), contingent fees in any amount. DFARS 252.225-7038, RESTRICTION ON ACQUISITION OF AIR CIRCUIT BREAKERS (JUN 2005). Applies if air circuit breakers for naval vessels are to be acquired under this PO. DFARS 252.226-7001, UTILIZATION OF INDIAN ORGANIZATIONS, INDIANOWNED ECONOMIC ENTERPRISES AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS (SEP 2004). Applies if this PO exceeds $500,000. DFARS 252.243-7002, REQUESTS FOR EQUITABLE ADJUSTMENT (MAR 1998) Applies to POs over $100,000. DFARS 252.246-7003 NOTIFICATION OF POTENTIAL SAFETY ISSUES (JAN 2007). *** Provision does not apply to commercial items. FA9200-07-D-0154 For all subcontracts issued under the subject Prime Contract, the following terms and conditions, applicable as noted, are incorporated by reference in addition to those other terms and conditions (the 27th Series, etc.) to be used for subcontracts issued under such Prime Contract. The language of the incorporated clause(s) should be modified so that "Government" and "Contracting Officer" mean Buyer, "Contractor" means Seller, "Contract" means Purchase Order, and "Subcontractor" means Seller's Subcontractors. Delete the following clauses: FAR 52.222-38, COMPLIANCE WITH VETERANS EMPLOYMENT REPORTING REQUIREMENTS FAR 52.229-3, FEDERAL, STATE AND LOCAL TAXES FAR 52.229-4, FEDERAL, STATE AND LOCAL TAXES (NONCOMPETITIVE CONTRACT) FAR 52.237-8, RESTRICTION ON SEVERANCE PAYMENTS TO FOREIGN NATIONALS FAR 52.244-6, SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL COMPONENTS FAR 52.245-17, SPECIAL TOOLING FAR 52.245-18, SPECIAL TEST EQUIPMENT DFARS 252.209-7000, ACQUISITION FROM SUBCONTRACTORS SUBJECT TO ON-SITE INSPECTION UNDER INTERMEDIATE-RANGE NUCLEAR FORCES (INF) TREATY DFARS 252.225-7003, REPORT OF INTENDED PERFORMANCE OUTSIDE THE UNITED STATES DFARS 252.225-7004, REPORTING OF CONTRACT PERFORMANCE OUTSIDE THE UNITED STATES DFARS 252.225-7015, PREFERENCE FOR DOMESTIC HAND OR MEASURING TOOLS DFARS 252.225-7033, WAIVER OF UK LEVIES. Add or modify the following FAR clauses: In Appendix A 27th Series, paragraph 1, Definitions, delete the reference to FAR 52.202-1 and replace it with FAR 2.101. FAR 52.203-6, RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006). In the note accompanying this clause in Appendix A 27th Series, delete $100,000 and replace FAR 52.203-12, LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2005). Delete the last sentence in the note accompanying this clause in Appendix A 27th Series and replace it with the following: Sellers disclosure forms and those of Sellers lower tier subcontractors will be provided to ſʷ. Add the following after FAR 52.215-10 AND 52.215-11: If Buyer is subject to any liability or expense, including without limitation Government withholding of payments, as the result of: 1) Sellers or its lower tier subcontractors submission and/or certification of alleged or actual defective cost or pricing data, as set forth in this clause or 2) their furnishing, as prospective subcontractors, of alleged or actual defective cost or pricing data, which data was certified or required to be certified by Buyer to be accurate, complete and current as of the date specified by Buyer in its Certificate of Current Cost or Pricing Data, and which data Seller was given timely notice by Buyer to furnish and/or update prior to such date specified in such certificate; or 3) the Government Contracting Officers rejection of Sellers or Sellers lower-tier subcontractors claim for exception from submission of certified cost or pricing data on the basis that the price offered by the Seller or lower-tier subcontractor is based on an established catalog or market price of a commercial item sold in substantial quantities to the general public, is a price set by law or regulation, is a commercial item; or, on any other basis set forth in 15.403-1 or other pertinent law or regulation; or 4) their furnishing data of any description that is allegedly or actually inaccurate as set forth in this clause, then Seller agrees to indemnify and hold Buyer harmless to the full extent of any damage or expense resulting from such action. FAR 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (SEP 2007). Applicable where the Contractor will have physical access to a federally-controlled facility or access to a Federal information system. FAR 52.219-9, SMALL BUSINESS SUBCONTRACTING PLAN. In the note accompanying this clause in Appendix A 27th Series, replace $500,000 with $550,000. FAR 52.222-35, EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (SEP 2006). In the note accompanying this clause in Appendix A 27th Series, replace $25,000 with $100,000. FAR 52.222-37, EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (SEP 2006). In the note accompanying this clause in Appendix A 27th Series, replace $25,000 with $100,000. FAR 52.222-39, NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION DUES OR FEES (DEC 2004). Applies to all subcontracts that exceed the FAR simplified acquisition threshold, as defined in FAR 2.101. 3 FAR 52.229-4, FEDERAL, STATE, AND LOCAL TAXES (STATE AND LOCAL ADJUSTMENTS) (APR 2003). FAR 52.244-6, SUBCONTRACTS FOR COMMERCIAL ITEMS (SEP 2007). FAR 52.245-1, GOVERNMENT PROPERTY (JUN 2007) "Contracting Officer" means "ſʷ" except in the definition of Property Administrator and in paragraphs (h)(1)(iii) and where it is unchanged, and in paragraphs (c) and (h)(4) where it includes ſʷ. "Government" is unchanged in the phrases "Government property" and "Government furnished property" and where elsewhere used except in paragraph (d)(1) where it means "ſʷ" and except in paragraphs (d)(2) and (g) where the term includes ſʷ." The following is added as paragraph (n) "Seller shall provide to ſʷ immediate notice of any disapproval, withdrawal FAR 52.245-9, USE AND CHARGES, (JUN 2007). Communication with the U.S. Government under this clause will be made through ſʷ. FAR 52.246-67, SUBMISSION OF TRANSPORTATION DOCUMENTS FOR AUDIT, (FEB 2006). Applies only to cost reimbursement contracts. Documents required by this clause will be provided by Seller to ſʷ. This clause is not required to be included in Sellers subcontracts. Add or modify the following DFARS and AFMC clauses: DFARS 252.211-7003, ITEM IDENTIFICATION AND VALUATION (JUN 2005). Applicable if this Contract requires the Items to contain unique item identification. Paragraph (c)(1)(iii) TBD. In (c)(3)(i), (c)(4)(i), (d), (e), and (f) Contractor shall mean Subcontractor; all reports required to be submitted under this clause shall be submitted to ſʷ at a location to be identified; delete paragraph (g) and insert the following in lieu thereof: (g) Lower-Tier Subcontracts. Seller shall include this clause, including this paragraph (g), in all lower tier subcontracts issued under this Subcontract for the acquisition of components identified herein as requiring UID. DFARS 252.225-7006***, QUARTERLY REPORTING OF ACTUAL CONTRACT PERFORMANCE OUTSIDE THE UNITED STATES (DEC 2006). Applies if this PO exceeds $550,000. Paragraph (f) is deleted. DFARS 252.225-7016, RESTRICTION ON ACQUISITION OF BALL AND ROLLER BEARINGS (Mar 2006). Applies if the Items contain ball or roller bearings. DFARS 252.226-7001, UTILIZATION OF INDIAN ORGANIZATIONS, INDIANOWNED ECONOMIC ENTERPRISES AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS (SEP 2004). Applies if this PO exceeds $500,000. DFARS 252.243-7002, REQUESTS FOR EQUITABLE ADJUSTMENT (MAR 1998). Applies to POs over $100,000. DFARS 252.246-7003 NOTIFICATION OF POTENTIAL SAFETY ISSUES (JAN 2007). DFARS 252.249-7002, NOTIFICATION OF ANTICIPATED CONTRACT TERMINATION OR REDUCTION, (DEC 2006). Applies if this contract equals or exceeds $550,000. Contracting Officer means ſʷ. Subparagraphs (d)(1) and the first five words of subparagraph (d)(2) are deleted. *** Provision does not apply to commercial items. F33657-02-C-2017 Delete the following clauses: FAR 52.215-22, Price Reduction For Defective Cost Or Pricing Data (OCT 1995). FAR 52.215-23, Price Reduction For Defective Cost Or Pricing Data - Modifications (OCT 1995). FAR 52.215-24, Subcontractor Cost Or Pricing Data (OCT 1995). FAR 52.215-25, Subcontractor Cost Or Pricing Data Modifications (OCT 1995). FAR 52.215-26, Integrity of Unit Prices (OCT 1995). FAR 52.215-27, Termination of Defined Benefit Pension. FAR 52.215-39, Reversion of Adjustment of Plans for Postretirement Benefits Other Than Pensions. FAR 52.215-42, Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data Modifications. FAR 52,222-35, Affirmative Action for Special Disabled and Vietnam Era Veterans. Add the following clauses: FAR 52.215-10, Price Reduction For Defective Cost Or Pricing Data (OCT 1997). Add the following after FAR 52.215-10: If Buyer is subject to any liability or expense, including without limitation Government withholding of payments, as the result of: 1) Sellers or its lower tier subcontractors submission and/or certification of alleged or actual defective cost or pricing data, as set forth in this clause or 2) their furnishing, as prospective subcontractors, alleged or actual defective cost or pricing data, which data was certified or required to be certified by Buyer to be accurate, complete and current as of the date specified by Buyer in its Certificate of Current Cost or Pricing Data, and which data Seller was given timely notice by Buyer to furnish and/or update prior to such date specified in such certificate; or 3) the Government Contracting Officers rejection of Sellers or Sellers lower-tier subcontractors claim for exception from submission of certified cost or pricing data on the basis that the price offered by the Seller or lower-tier subcontractor is based on an established catalog or market price of a commercial item sold in substantial quantities to the general public, is a price set by law or regulation, is a commercial item; or, on any other basis set forth in FAR 15.403-1, or other pertinent law or regulation; or 4) their furnishing data of any description that is allegedly or actually inaccurate as set forth in this clause (or in FAR 52.215-11, 52.215-12, 52.215 13, 52.215-14, and 52.215-21 as applicable), then SELLER AGREES TO INDEMNIFY AND HOLD BUYER HARMLESS TO THE FULL EXTENT OF ANY DAMAGE OR EXPENSE RESULTING FROM SUCH ACTION. FAR 52.215-11, Price Reduction For Defective Cost Or Pricing Data Modifications (OCT 1997). FAR 52.215-12, Subcontractor Cost or Pricing Data (OCT 1997). FAR 52.215-13, Subcontractor Cost Or Pricing Data - Modifications (OCT 1997). FAR 52.215-14, Integrity of Unit Prices (OCT 1997) Alternate I (OCT 1997). FAR 52.215-15, Pension Adjustments and Asset Reversions (DEC 1998). FAR 52.215-18, Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions (OCT 1997). FAR 52.215-19, Notification of Ownership Changes (OCT 1997) FAR 52.215-21, Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data Modifications (OCT 1997) Alternate II (OCT 1997) Alternate III (OCT 1997). Alternate III, paragraph (c) Submit the cost portion of the proposal via the following electronic media: EDDR.3 FAR 52.222-19, Child Labor Cooperation with Authorities and Remedies (DEC 2001) FAR 52.222-29, Notification of Visa Denial (FEB 1999) FAR 52.222-35, Equal Opportunity For Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (DEC 2001). With reference to Paragraph 12, Appendix A, 26th Series, the following clauses related to patents, rights in data, and computer software are incorporated in the Prime Contract: FAR 52.227-1, Authorization And Consent (JUL 1995) FAR 52.227-2, Notice And Assistance Regarding Patent And Copyright Infringement (AUG 1996) FAR 52.227-21, Technical Data Declaration, Revision, and Withholding of Payment Major Systems (JAN 1997) (Tailored). Contracting Officer" means "ſʷ." "Government" means "ſʷ" in paragraph (b)(2) and "ſʷ or Government" in paragraph (d). DFARS 252.227-7013, Rights In Technical Data Noncommercial Items (NOV 1995) Alternate I (JUN 1995) DFARS 252.227-7014, Rights In Noncommercial Computer Software And Noncommercial Computer Software Documentation (JUN 1995) DFARS 252.227-7016, Rights In Bid Or Proposal Information (JUN 1995) DFARS 252.227-7019, Validation Of Asserted Restrictions Computer Software (JUN 1995) DFARS 252.227-7030, Technical Data Withholding Of Payment (MAR 2000) DFARS 252.227-7036, Declaration Of Technical Data Conformity (JAN 1997) DFARS 252.227-7037, Validation of Restrictive Markings on Technical Data (SEP 1999) DFARS 252.226-7001, Utilization of Indian Organizations and Indian- Owned Economic Enterprises DoD Contracts (SEP 2001) 4 DFARS 252.244-7000, Subcontracts for Commercial Items and Commercial Components (DoD Contracts) (MAR 2000) AFMC 5352.227-9000 Export-Controlled Data Restrictions (AFMC) (JUL 1997): CO means Buyer (a) For purposes of this clause, (1) Foreign person is any person who is not a citizen or national of the U.S. or lawfully admitted to the U.S. for permanent residence under the Immigration and Nationality Act, and includes foreign corporations, international organizations, and foreign governments; (2) Foreign representative is anyone, regardless of nationality or citizenship, acting as an agent, representative, official, or employee of a foreign government, a foreign-owned or influenced firm, corporation or person; (3) Foreign sources are those sources (vendors, subcontracts, and suppliers) owned and controlled be a foreign person. The Contractor shall place a clause in subcontracts containing appropriate export control restrictions, set forth in this clause. Nothing in this clause waives any requirement imposed by any other U.S. Government agency with respect to employment of foreign nationals or export controlled data and information. Equipment and technical data generated or delivered under this contract are controlled by the International Traffic and Arms Regulation (ITAR), 22 CFR Sections 121 through 128. An export license is required before assigning any foreign source to perform work under this contract or before granting access to foreign persons to any equipment and technical data generated or delivered during performance (See 22 CFR Section 125). The Contractor shall notify the Contracting Officer and obtain written approval of the Contracting Officer prior to assigning or granting access to any work, equipment, or technical data generated or delivered under this Contract to foreign persons or their representatives. The notification shall include the name and country or origin of the foreign person or representative, the specific work, equipment, or data to which the person will have access, and whether the foreign person is cleared to have access to technical data (DoD 5220.22-M, National Industrial Security Program Operating Manual (NISPOM)). AFMC 5352.227-9002, Visit Requests By Foreign-Owned Or Controlled Firms (AFMC) (JUL 1997), subparagraphs (b) and (c): (b) Subcontractors which are foreign-owned or controlled and require access 5 to a U.S. Government installation shall have their prime Contractor submit a visit request to the security police office of the base being visited at least two weeks before the scheduled meeting. (c) Canadian Contractors and Canadian government employees may directly arrange visits by having their security office submit a visit request to the security police office of the base being visited at least two weeks before the scheduled meeting. Modify the following clauses: DFARS 252.225-7027, Restriction On Contingent Fees For Foreign Military Sales (MAR 1998). For purposes of subparagraph (b)(1), Countries listed in the Prime Contract are the following: Chile. FAR 52.211-05, Material Requirements revise date to (AUG 2000). FAR 52.244-6, change title to Subcontracts for Commercial Items and revise date to (DEC 2001). Add the Following Special Clauses: YPK-H006 USE OF OTHER GOVERNMENT PROPERTY (JUL 2002) In the performance of the requirements under this Contract, the Contractor may use and may authorize its subcontractors to use, on a no-charge basis, the Government owned Special Tooling such as jigs, dies, fixtures, special gauges, other manufacturing aids and Special Test Equipment, heretofore acquired or manufactured or authorized for acquisition or manufacture by the Contractor and/or its subcontractors or heretofore furnished to the Contractor and/or its subcontractors as Government Furnished Property and presently in its or their possession which shall have been determined by the appropriate Administrative Contracting Officer (ACO) to be available for the performance of the work called for by this Contract in accordance with FAR 52.245-02 of Section I of this Contract entitled, "Government Property (Fixed-Price Contracts)." It is however, hereby provided that use of the foregoing shall not interfere with the proper performance of work under the Contract(s) for which they were originally produced, acquired or furnished. Subject to the provisions of Paragraph (a) above, any of the aforementioned items of Special Tooling and/or Special Test Equipment presently in the possession of the Contractor and/or subcontractors may be modified as necessary for the performance of this Contract as approved by the ACO. F33657-02-C-2033 Delete the following clauses: FAR 52.215-22, Price Reduction For Defective Cost Or Pricing Data (OCT 1995). FAR 52.215-23, Price Reduction For Defective Cost Or Pricing Data - Modifications (OCT 1995). FAR 52.215-24, Subcontractor Cost Or Pricing Data (OCT 1995). FAR 52.215-25, Subcontractor Cost Or Pricing Data Modifications (OCT 1995). FAR 52.215-26, Integrity of Unit Prices (OCT 1995). FAR 52.215-27, Termination of Defined Benefit Pension. FAR 52.215-39, Reversion of Adjustment of Plans for Postretirement Benefits Other Than Pensions. FAR 52.215-42, Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data Modifications. FAR 52,222-35, Affirmative Action for Special Disabled and Vietnam Era Veterans. Add the following clauses: FAR 52.215-10, Price Reduction For Defective Cost Or Pricing Data (OCT 1997). Add the following after FAR 52.215-10: If Buyer is subject to any liability or expense, including without limitation Government withholding of payments, as the result of: 1) Sellers or its lower tier subcontractors submission and/or certification of alleged or actual defective cost or pricing data, as set forth in this clause or 2) their furnishing, as prospective subcontractors, alleged or actual defective cost or pricing data, which data was certified or required to be certified by Buyer to be accurate, complete and current as of the date specified by Buyer in its Certificate of Current Cost or Pricing Data, and which data Seller was given timely notice by Buyer to furnish and/or update prior to such date specified in such certificate; or 3) the Government Contracting Officers rejection of Sellers or Sellers lower-tier subcontractors claim for exception from submission of certified cost or pricing data on the basis that the price offered by the Seller or lower-tier subcontractor is based on an established catalog or market price of a commercial item sold in substantial quantities to the general public, is a price set by law or regulation, is a commercial item; or, on any other basis set forth in FAR 15.403-1, or other pertinent law or regulation; or 4) their furnishing data of any description that is allegedly or actually inaccurate as set forth in this clause (or in FAR 52.215-11, 52.215-12, 52.215-13, 52.215-14, and 52.215-21 as applicable), then SELLER AGREES TO INDEMNIFY AND HOLD BUYER HARMLESS TO THE FULL EXTENT OF ANY DAMAGE OR EXPENSE RESULTING FROM SUCH ACTION. FAR 52.215-11, Price Reduction For Defective Cost Or Pricing Data Modifications (OCT 1997). FAR 52.215-12, Subcontractor Cost or Pricing Data (OCT 1997). FAR 52.215-13, Subcontractor Cost Or Pricing Data - Modifications (OCT 1997). FAR 52.215-14, Integrity of Unit Prices (OCT 1997) Alternate I (OCT 1997). FAR 52.215-15, Pension Adjustments and Asset Reversions (DEC 1998). FAR 52.215-18, Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions (OCT 1997). FAR 52.215-19, Notification of Ownership Changes (OCT 1997) FAR 52.215-21, Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data Modifications (OCT 1997) Alternate II (OCT 1997) Alternate III (OCT 1997). Alternate III, paragraph (c) Submit the cost portion of the proposal via the following electronic media: EDDR. FAR 52.222-19, Child Labor Cooperation with Authorities and Remedies (DEC 2001) FAR 52.222-29, Notification of Visa Denial (FEB 1999) FAR 52.222-35, Equal Opportunity For Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (DEC 2001). With reference to Paragraph 12, Appendix A, 26th Series, the following clauses related to patents, rights in data, and computer software are incorporated in the Prime Contract: FAR 52.227-1, Authorization And Consent (JUL 1995) FAR 52.227-2, Notice And Assistance Regarding Patent And Copyright Infringement (AUG 1996) FAR 52.227-21, Technical Data Declaration, Revision, and Withholding of Payment Major Systems (JAN 1997) (Tailored). Contracting Officer" means "ſʷ." "Government" means "ſʷ" in paragraph (b)(2) and "ſʷ or Government" in paragraph (d). DFARS 252.227-7013, Rights In Technical Data Noncommercial Items (NOV 1995) Alternate I (JUN 1995) DFARS 252.227-7014, Rights In Noncommercial Computer Software And Noncommercial Computer Software Documentation (JUN 1995) DFARS 252.227-7016, Rights In Bid Or Proposal Information (JUN 1995) DFARS 252.227-7019, Validation Of Asserted Restrictions Computer Software (JUN 1995) DFARS 252.227-7025, Limitations On The Use Or Disclosure Of Government- Furnished Information Marked With Restrictive Legends (JUN 1995) DFARS 252.227-7030, Technical Data Withholding Of Payment (MAR 2000) DFARS 252.227-7036, Declaration Of Technical Data Conformity (JAN 1997) DFARS 252.227-7037, Validation of Restrictive Markings on Technical Data (SEP 1999) DFARS 252.226-7001, Utilization of Indian Organizations and Indian-Owned Economic Enterprises DoD Contracts (SEP 2001) 15. DFARS 252.244-7000, Subcontracts for Commercial Items and Commercial Components (DoD Contracts) (MAR 2000) AFMC 5352.227-9000 Export-Controlled Data Restrictions (AFMC) (JUL 1997): CO means Buyer (a) For purposes of this clause, (1) Foreign person is any person who is not a citizen or national of the U.S. or lawfully admitted to the U.S. for permanent residence under the Immigration and Nationality Act, and includes foreign corporations, international organizations, and foreign governments; (2) Foreign representative is anyone, regardless of nationality or citizenship, acting as an agent, representative, official, or employee of a foreign government, a foreign-owned or influenced firm, corporation or person; (3) Foreign sources are those sources (vendors, subcontracts, and suppliers) owned and controlled be a foreign person. The Contractor shall place a clause in subcontracts containing appropriate export control restrictions, set forth in this clause. Nothing in this clause waives any requirement imposed by any other U.S. Government agency with respect to employment of foreign nationals or export controlled data and information. Equipment and technical data generated or delivered under this contract are controlled by the International Traffic and Arms Regulation (ITAR), 22 CFR Sections 121 through 128. An export license is required before assigning any foreign source to perform work under this contract or before granting access to foreign persons to any equipment and technical data generated or delivered during performance (See 22 CFR Section 125). The Contractor shall notify the Contracting Officer and obtain written approval of the Contracting Officer prior to assigning or granting access to any work, equipment, or technical data generated or delivered under this Contract to foreign persons or their representatives. The notification shall include the name and country or origin of the foreign person or representative, the specific work, equipment, or data to which the person will have access, and whether the foreign person is cleared to have access to technical data (DoD 5220.22-M, National Industrial Security Program Operating Manual (NISPOM)). AFMC 5352.227-9002, Visit Requests By Foreign-Owned Or Controlled Firms (AFMC) (JUL 1997), subparagraphs (b) and (c): (b) Subcontractors which are foreign-owned or controlled and require access 5 to a U.S. Government installation shall have their prime Contractor submit a visit request to the security police office of the base being visited at least two weeks before the scheduled meeting. (c) Canadian Contractors and Canadian government employees may directly arrange visits by having their security office submit a visit request to the security police office of the base being visited at least two weeks before the scheduled meeting. Modify the following clauses: DFARS 252.225-7027, Restriction On Contingent Fees For Foreign Military Sales (MAR 1998). For purposes of subparagraph (b)(1), Countries listed in the Prime Contract are the following: Chile. FAR 52.211-05, Material Requirements revise date to (AUG 2000). FAR 52.222-26, Equal Opportunity revise date to (APR 2002). FAR 52.244-6, change title to Subcontracts for Commercial Items and revise date to (DEC 2001). Add the Following Special Clauses: YPK-H006 USE OF OTHER GOVERNMENT PROPERTY (JUL 2002) In the performance of the requirements under this Contract, the Contractor may use and may authorize its subcontractors to use, on a no-charge basis, the Government owned Special Tooling such as jigs, dies, fixtures, special gauges, other manufacturing aids and Special Test Equipment, heretofore acquired or manufactured or authorized for acquisition or manufacture by the Contractor and/or its subcontractors or heretofore furnished to the Contractor and/or its subcontractors as Government Furnished Property and presently in its or their possession which shall have been determined by the appropriate Administrative Contracting Officer (ACO) to be available for the performance of the work called for by this Contract in accordance with FAR 52.245-02 of Section I of this Contract entitled, "Government Property (Fixed-Price Contracts)." It is however, hereby provided that use of the foregoing shall not interfere with the proper performance of work under the Contract(s) for which they were originally produced, acquired or furnished. Subject to the provisions of Paragraph (a) above, any of the aforementioned items of Special Tooling and/or Special Test Equipment presently in the possession of the Contractor and/or subcontractors may be modified as necessary for the performance of this Contract as approved by the ACO. 2. YPK-H024 LIMITED RISK OF LOSS (JUL 2002) The Contractor is authorized, without any requirement for additional approval, to flow down to its subcontractors the Limited Risk of Loss provisions of FAR 52.245-02, Alternate I (APR 1984). Such authorization shall be limited to subcontractors having a current USG-approved Property Control System. F33657-03-C-2018 Delete the following clauses: FAR 52.215-22, PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA (OCT 1995) (or, if included in Buyers prime contract, 52.215-10, PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA (OCT 1997)). FAR 52.215-24, SUBCONTRACTOR COST OR PRICING DATA (OCT 1995) (or, if included in Buyers prime contract, 52.215-12, SUBCONTRACTOR COST OR PRICING DATA (OCT 1997)). Add the following clauses: Add the following after FAR 52.215-11, PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA MODIFICATIONS (OCT 1997)): If Buyer is subject to any liability or expense, including without limitation Government withholding of payments, as the result of: 1) Sellers or its lower tier subcontractors submission and/or certification of alleged or actual defective cost or pricing data, as set forth in this clause or 2) their furnishing, as prospective subcontractors, alleged or actual defective cost or pricing data, which data was certified or required to be certified by Buyer to be accurate, complete and current as of the date specified by Buyer in its Certificate of Current Cost or Pricing Data, and which data Seller was given timely notice by Buyer to furnish and/or update prior to such date specified in such certificate; or 3) the Government Contracting Officers rejection of Sellers or Sellers lower-tier subcontractors claim for exception from submission of certified cost or pricing data on the basis that the price offered by the Seller or lower-tier subcontractor is based on an established catalog or market price of a commercial item sold in substantial quantities to the general public, is a price set by law or regulation, is a commercial item; or, on any other basis set forth in FAR 15.804-1 (or FAR 15.403-1, as applicable) or other pertinent law or regulation; or 4) their furnishing data of any description that is allegedly or actually inaccurate as set forth in this clause (or 52.215-11, as applicable), then Seller agrees to indemnify and hold Buyer harmless to the full extent of any damage or expense resulting from such action. With reference to Paragraph 12, Appendix A, 26th Series, the following clauses related to patents, rights in data, and computer software are incorporated in the Prime Contract: FAR 52.227-1, AUTHORIZATION AND CONSENT (JUL 1995) FAR 52.227-2, NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (AUG 1996) FAR 52.227-12, PATENT RIGHTS RETENTION BY CONTRACTOR (LONG FORM) (JAN1997) FAR 52.227-21, Technical Data Declaration, Revision, and Withholding of Payment Major Systems (JAN 1997) (Tailored). Contracting Officer" means "ſʷ." "Government" means "ſʷ" in paragraph (b)(2) and "ſʷ or Government" in paragraph (d). DFARS 252.227-7013, RIGHTS IN TECHNICAL DATA NONCOMMERCIAL ITEMS (NOV 1995) ALT I (JUN 1995); 252.227-7014, RIGHTS IN NONCOMMERCIAL COMPUTER SOFTWARE AND NONCOMMERCIAL COMPUTER SOFTWARE DOCUMENTATION (JUN 1995); 252.227-7016, RIGHTS IN BID OR PROPOSAL INFORMATION (JUN 1995); 252.227-7019, VALIDATION OF ASSERTED RESTRICTIONS COMPUTER SOFTWARE (JUN 1995); 252.227-7025, LIMITATIONS ON THE USE OR DISCLOSURE OF GOVERNMENT-FURNISHED INFORMATION MARKED WITH RESTRICTIVE LEGENDS (JUN 1995); 252.227-7030, TECHNICAL DATA WITHHOLDING OF PAYMENT (MAR 2000); 252.227-7036, DECLARATION OF TECHNICAL DATA CONFORMITY (JAN 1997); and 252.227-7039, PATENTS REPORTING OF SUBJECT INVENTIONS (APR 1990). . FAR 52.239-1, PRIVACY OR SECURITY SAFEGUARDS (AUG 1996). DFARS 252.225-7007, BUY AMERICAN ACT TRADE AGREEMENTS BALANCE OF PAYMENTS PROGRAM, (OCT 2002). DFARS 252.225-7021, TRADE AGREEMENTS, (OCT 2002). AFMC 5352.227-9000 EXPORT-CONTROLLED DATA RESTRICTIONS (AFMC) (JUL 1997): CO means Buyer For purposes of this clause, Foreign person is any person who is not a citizen or national of the U.S. or lawfully admitted to the U.S. for permanent residence under the Immigration and Nationality Act, and includes foreign corporations, international organizations, and foreign governments; Foreign representative is anyone, regardless of nationality or citizenship, acting as an agent, representative, official, or employee of a foreign government, a foreign-owned or influenced firm, corporation or person; Foreign sources are those sources (vendors, subcontracts, and suppliers) owned and controlled be a foreign person. The Contractor shall place a clause in subcontracts containing appropriate export control restrictions, set forth in this clause. Nothing in this clause waives any requirement imposed by any other U.S. Government agency with respect to employment of foreign nationals or export controlled data and information. Equipment and technical data generated or delivered under this contract are controlled by the International Traffic and Arms Regulation (ITAR), 22 CFR Sections 121 through 128. An export license is required before assigning any foreign source to perform work under this contract or before granting access to foreign persons to any equipment and technical data generated or delivered during performance (See 22 CFR Section 125). The Contractor shall notify the Contracting Officer and obtain written approval of the Contracting Officer prior to assigning or granting access to any work, equipment, or technical data generated or delivered under this Contract to foreign persons or their representatives. The notification shall include the name and country or origin of the foreign person or representative, the specific work, equipment, or data to which the person will have access, and whether the foreign person is cleared to have access to technical data (DoD 5220.22-M, National Industrial Security Program Operating Manual (NISPOM)). AFMC 5352.227-9002, VISIT REQUESTS BY FOREIGN-OWNED OR CONTROLLED FIRMS (AFMC) (JUL 1997), subparagraphs (b) and (c): Subcontractors which are foreign-owned or controlled and require access to a U.S. Government installation shall have their prime Contractor submit a visit request to the security police office of the base being visited at least two weeks before the scheduled meeting. Canadian Contractors and Canadian government employees may directly arrange visits by having their security office submit a visit request to the security police office of the base being visited at least two weeks before the scheduled meeting. Modify the following clauses: DFARS 252.225-7027, RESTRICTION ON CONTINGENT FEES FOR FOREIGN MILITARY SALES (MAR 1998). For purposes of subparagraph (b)(1), Countries listed in the Prime Contract are the following: Poland. Special Clauses: YPK-I002 EXPORT-CONTROLLED DATA RESTRICTIONS (MAR 2003) CO means Buyer For the purpose of this clause, Foreign person is any person who is not a citizen or national of the U.S. or lawfully admitted to the U.S. for permanent residence under the Immigration and Nationality Act, and includes foreign corporations, international organizations, and foreign governments; Foreign representative is anyone, regardless of nationality or citizenship, acting as an agent, representative, official, or employee of a foreign government, a foreign-owned or influenced firm, corporation or person; Foreign sources are those sources (vendors, subcontractors, and suppliers) owned and controlled by a foreign person. The Contractor shall place a clause in subcontracts containing appropriate export control restrictions, set forth in this clause. Nothing in this clause waives any requirement imposed by any other U.S. Government agency with respect to employment of foreign nationals or export controlled data and information. Equipment and technical data generated or delivered under this contract are controlled by the International Traffic in Arms Regulation (ITAR), 22 CFR Sections 121 through 128. An export license is required before assigning any foreign source to perform work under this contract or before granting access to foreign persons to any equipment and technical data generated or delivered during performance (see 22 CFR Section 125). The Contractor shall notify the Contracting Officer and obtain written approval of the Contracting Officer prior to assigning or granting access to any work, equipment, or technical data generated or delivered under this contract to foreign persons or their representatives. The notification shall include the name and country of origin of the foreign person or representative, the specific work, equipment, or data to which the person will have access, and whether the foreign person is cleared to have access to technical data (DoD 5220.22-M, National Industrial Security Program Operating Manual (NISPOM)). YPK-H006 USE OF OTHER GOVERNMENT PROPERTY (JAN 2003) In the performance of the requirements under this Contract, the Contractor may use and may authorize its subcontractors to use, on a no-charge basis, the Government-owned Special Tooling such as jigs, dies, fixtures, special gauges, other manufacturing aids and Special Test Equipment, heretofore acquired or manufactured or authorized for acquisition or manufacture by the Contractor and/or its subcontractors or heretofore furnished to the Contractor and/or its subcontractors as Government Furnished Property and presently in its or their possession which shall have been determined by the appropriate Administrative Contracting Officer (ACO) to be available for the performance of the work called for by this Contract in accordance with FAR 52.245-02 of Section I of this Contract entitled, "Government Property (Fixed-Price Contracts)." It is however, hereby provided that use of the foregoing shall not interfere with the proper performance of work under the Contract(s) for which they were originally produced, acquired or furnished. Subject to the provisions of Paragraph (a) above, any of the aforementioned items of Special Tooling and/or Special Test Equipment presently in the possession of the Contractor and/or subcontractors may be modified as necessary for the performance of this Contract as approved by the ACO. YPK-H021 LIMITED RISK OF LOSS (JAN 2003) The Contractor may authorize, without any requirement for additional approval, the flow down to its subcontractors the Limited Risk of Loss provisions of FAR 52.245-02, Alternate I (APR 1984). Such authorization shall be limited to subcontractors having a current USG-approved Property Control System. F42600-89-C-0832 1. Substitute the earlier version of 52.215-26 with 52.215-26 Integrity of Unit Prices (Jan. 1997). F42600-96-G-0001 FAR 52.246-24, "Limitation of Liability - High Value Items (Apr 1984)," "This clause shall apply only to those items identified in this subcontract as being subject to this clause." DFARS 252.225-7032, "Waiver of United Kingdom Levies (Oct 1992)" in any subcontract for supplies where a subcontract or a lower tier subcontract over $1,000,000.00 with a United Kingdom firm is anticipated. DFARS 252.225-7036, "North American Free Trade Agreement Implementation Act (Jan 1994)" for the purchase of any item listed in DFARS 225.403-70, when the estimated value is $50,000.00 or more (Use DFARS 252.225-7036, Alternate I, if the estimated order is between $25,000.00 and $50,000.00) and the Trade Agreements Act does not apply. DFARS 252.225-7037, "Duty-Free Entry-NAFTA Country End Products and Supplies (Jan 1994)" in all purchase orders for supplies. 5. If an individual order issued under the subject BOA specified FAR 52.245-17, "Special Tooling (Deviation) (Apr 1984)" and after obtaining written permission from the Contracting Officer, include the following FAR 245-17, "Special Tooling (Deviation) (Apr 1984)" in any P.O. involving the use of special tooling where the cost of such tooling is charged to the P.O. FAR 52.245-17, SPECIAL TOOLING (DEVIATION) (Apr 1984) Definition. Special tooling means jigs, dies, fixtures, molds, patterns, taps, gauges, other equipment and manufacturing aids, all components of these items, and replacement of these items, that are of such a specialized nature that without substantial modification or alteration their use is limited to the development or production of particular supplies or parts thereof or performing particular services. It does not include material, special test equipment, facilities (except foundations and similar improvements necessary for installing special tooling), general or special machine tools, or similar capital items. Special tooling, for the purpose of this clause, does not include any item acquired by the Contractor before the effective date of this contract, or replacement of such items, whether or not altered or adapted for use in performing this contract, or items specifically excluded by the Schedule of this contract. Use of special tooling. The Contractor agrees to use the special tooling only in performing this contract or as otherwise approved by the Contracting Officer. Initial list of special tooling. If the Contracting Officer so requests, the Contractor shall furnish the Government an initial list of all special tooling acquired or manufactured by the Contractor for performing this contract (but see paragraph (d) for tooling that has become obsolete). The list shall specify the nomenclature, tool number, related product part number (or service performed), and unit or group cost of the special tooling. The list shall be furnished within 30 days after delivery of the first production end item under this contract unless a later date is prescribed. Changes in design. Changes in the design or specifications of the end items being produced under this contract may affect the interchangeability of end item parts. In such an event, unless otherwise agreed to by the Contracting Officer, the Contractor shall notify the Contracting Officer of any part not interchangeable with a new or superseding part. Pending disposition instructions, such usable tooling shall be retained and maintained by the Contractor. Contractors offer to retain special tooling. The Contractor may indicate a desire to retain certain items of special tooling at the time if furnishes a list or notification pursuant to paragraphs (c), (d), or (h) of this clause. The Contractor shall furnish a written offer designating those items that it wishes to retain by specifically listing the items or by listing the particular products, parts, or services for which the items were used or designed. The offer shall be made on one of the following basis: An amount shall be offered for retention of the items free of any Government interest. This amount should ordinarily not be less than the current fair value of the items, considering among other things, the value of the items to the Contractor for use in future work. Retention may be requested for a limited period of time and under terms as may be agreed to by the Government and the Contractor. This temporary retention is subject to final disposition pursuant to paragraph (i) of this clause. Property control records. The Contractor shall maintain adequate property control records of all special tooling in accordance with its normal industrial practice. The records shall be made available for Government inspection at all reasonable times. To the extent practicable, the Contractor shall identify all special tooling subject to this clause with an appropriate stamp, tag, or other mark. Maintenance. The Contractor shall take all reasonable steps necessary to maintain the identity and existing condition of usable items of special tooling from the date such items are no longer needed by the Contractor until final disposition under paragraph (i) of this clause. These maintenance requirements do not apply to those items designated by the Contracting Officer for disposal as scrap or identified as of no further interest to the Government under paragraph (i)(4) of this clause. The Contractor is not required to keep unneeded items of special tooling in place. Final list of special tooling. When all or a substantial part of the work under this cont5ract is completed or terminated, the Contractor shall furnish the Contracting Officer a final list of special tooling with the same information as required for the initial list under paragraph (c) of this clause. The final list shall include all items not previously reported under paragraph (c). The Contracting Officer may provide a written waiver of this requirement or grant an extension. The requirement may be extended until the completion of this contract together with the completion of other contracts and subcontracts authorizing the use of the special tooling under paragraph (b) of this clause. Special tooling that has become obsolete as a result of changes in design or specification need not be reported except as provided for in paragraph (d). Disposition instructions. The Contracting Officer shall provide the Contractor with disposition instructions for special tooling identified in a list or notice submitted under paragraphs (c), (d), or (h) of this clause. The instructions shall be provided within 150 days of receipt of the list or notice, unless the period is extended by mutual agreement. The Contracting Officer may direct disposition by any of the methods listed in subparagraphs (1) through (4) of this paragraph, or a combination of such methods. Any failure of the Contracting Officer to provide specific instructions within the 150 day period shall be construed as direction under subparagraph (i)(3). The Contracting Officer shall give the Contractor a list specifying the products, parts, or services for which the Government may require special tooling and request the Contractor to transfer title (to the extent not previously transferred under any other clause of this contract) and deliver to the Government all usable items of special tooling that were designed for or used in the production or performance of such products, parts, or services and that were on hand when such production or performance ceased. The Contracting Officer may accept or reject any offer made by the Contractor under paragraph (e) of this clause to retain items of special tooling or may request further negotiation of the offer. The Contractor agrees to enter into the negotiations in good faith. The net proceeds from the Contracting Officers acceptance of the Contractors retention offer shall either be deducted from amounts due the Contractor under this contract or shall be otherwise paid to the Government as directed by the Contracting Officer. The Contracting Officer may direct the Contractor to sell, or dispose of as scrap, for the account of the Government, any special tooling reported by the Contractor under this clause. The net proceeds of all sales shall either be deducted from amounts due the Contractor under this contract or shall be otherwise paid to the Government as directed by the Contracting Officer. To the extent that the Contractor incurs any costs occasioned by compliance with such directions, for which it is not otherwise compensated, the contract price shall be equitable adjusted in accordance with the Changes clause of this contract. The Contracting Officer may furnish the contractor with a statement disclaiming further Government interest or rights in any of the special tooling listed. Storage or shipment. The Contractor shall promptly transfer to the Government title to the special tooling specified by the Contracting Officer and arrange for either the shipment or the storage of such tooling in accordance with the final disposition instructions in subparagraph (i)(1) of this clause. Tooling to be shipped shall be properly packaged, packed, and marked in accordance with the directions of the Contracting Officer. Tooling to be stored shall be stored pursuant to a storage agreement between the government and the Contractor, and as directed by the Contracting Officer. Tooling shipped or stored shall be accompanied by operation sheets or other appropriate data necessary to show the manufacturing operations or processes for which the items were used or designed. To the extent that the Contractor incurs costs for authorized storage or shipment under this paragraph and not otherwise compensated for, the contract price shall be equitable adjusted in accordance with the Changes clause of this contract. Subcontract provisions. In order to perform this contract, the Contractor may place subcontracts (including purchase orders) involving the use of special tooling. If the full cost of the tooling is charged to those subcontracts, the Contractor agrees to include in the subcontracts appropriate provisions to obtain Government rights comparable to the rights of the Government under this clause (unless the Contractor and the Contracting officer agree that such rights are not of substantial interest to the Government). The Contractor agrees to exercise such rights for the benefit of the Government as directed by the Contracting Officer. (Applicable only when specified in the individual order issued hereunder) F42600-99-G-0002 (BOA) DFARS 252.225-7032, Waiver of United Kingdom Levies (OCT 1992). Applicable to orders for supplies (a) where United Kingdom firms are expected to participate as offerors/contractors; or (b) if a subcontract over $1,000,000 with a United Kingdom firm is anticipated. DFARS 252.225-7038, Buy American Act North American Free Trade Agreement Implementation Act Balance of Payments Program, (MAR 1998). Applicable to orders for items listed in DFARS 225.403-70, when the estimated value is $50,000 or more and the Trade Agreements Act does not apply or for multiple line items if any line item is subject to the North American Free Trade Agreement Implementation Act. Clause need not be used where purchase from foreign sources is restricted under DFARS 225.403(d)(1)(B); however, clause may be used where the contracting officer anticipates a waiver of the restriction) DFARS 252.225-7037, Duty Free Entry Eligible End Products (MAR 1998). Applicable to orders subject to the North American Free Trade Agreement (NAFTA) Implementation Act. DFARS 252.244-7000, Subcontracts for Commercial Items and Commercial Components (DoD Contracts), (FEB 1997). In addition to the clauses listed in paragraph (c) of the Subcontracts for Commercial Items and Commercial Components clause of this contract, the Contractor shall include the terms of the following clause, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract: DFARS 252.225-7014, Preference for Domestic Specialty Metals, Alternate I (10 U.S.C. 2241 note). F42620-91-C-0569 Substitute the earlier version of the following clauses with the clauses listed below. 52.215-26 Integrity of Unit Prices (Jan. 1997). 252.225.7025 Restriction on Acquisition of Forgings (June 1997). F42620-97-D-0010 FAR 52.246-24, "Limitation of Liability - High Value Items (Apr 1984)," in all subcontracts for high value items. In the event the subcontract is for high value items and other end items, indicate that the following preamble is inserted prior to paragraph (a) of the clause: "This clause shall apply only to those items identified in this subcontract as being subject to this clause." DFARS 252.225-7005, Identification of Expenditures in the U.S. (DEC 1991) The following "Safety and Accident Prevention (May 1995)" should be included in all subcontracts where the performance of the work is on a Government installation. Government, as used in this clause, means the U.S. Government: 5352.223-9001, Safety and Accident Prevention (May 1995) (a) In performing work under this contract on a Government installation, the Contractor shall: Conform to the specific safety requirements established by this contract; Comply with the safety rules of the Government installation that concern related activities not directly addressed in this contract Take all reasonable steps and precautions to prevent accidents and preserve the life and health of Contractor and Government personnel performing or in any way coming in contact with the performance of this contract; Take such additional immediate precautions as the Contracting Officer may reasonably require for safety and accident prevention purposes. (b) If this contract is performed on an Air Force installation, the Air Force Occupational Safety and Health Standards (AFOSH) developed in accordance with AFI 91-301, Air Force Occupational Safety, Fire Prevention, and Health Program in effect on the date of this contract, apply. If contract performance is on other than an Air Force installation, the Contractor shall comply with the safety rules of that Government installation, in effect on the date of this contract. The Contracting Officer may, by written order, direct additional AFOSH and safety and accident standards as may be required in the performance of this contract and any adjustments resulting from such direction will be in accordance with the Changes clause of this contract. (d) Any violation of these safety rules and requirements, unless promptly corrected as directed by the Contracting Officer, shall be grounds for termination of this contract in accordance with the Default clause of this contract. F42620-99-C-0023 DFAR 252.244-7000, Subcontracts for Commercial Items and Commercial Components (FEB 1997): Included in subcontracts for commercial items or commercial components, awarded at any tier. This clause incorporates DFAR 252.225-7014, Preference for Domestic Specialty Metals, Alternate 1. DFAR 252.225-7043, Antiterrorism/Force Protection Policy for Defense Contractors Outside the US (JUN 1998).3. DFAR 252.233-7001, Choice of Law (Jun 1997). Applicable if this PO is with a foreign supplier. FAR 52.225-10, Duty Free Entry (APR 1984): For the purposes of this clause the blank(s) are completed as follows: (f)(3): The notation UNITED STATES GOVERNMENT, DEPARTMENT OF DEFENSE, Duty free entry to be claimed pursuant to schedule 8, Part 3, Item No. 832.00 Tariff Schedules of the United States (19 U.S.C. 1202). Upon arrival of shipment at port of entry, District Director of Customs, please release shipment under 19 CFR 142 and notify the appropriate contract administration office for execution of Customs Forms 7501 and 7501-A and any required duty free entry certificates. DFAR 252.225-7027, Restriction on Contingent Fees for Foreign Military Sales (MAR 1998): For the purposes of this clause the blank(s) is/are completed as follows: (b)(1) Australia, Taiwan, Egypt, Greece, Israel, Japan, Jordan, Republic of Korea, Kuwait, Pakistan, Philippines, Saudi Arabia, Turkey, Thailand, or Venezuela (Air Force). 5352.223-9000, Elimination of Use of Class I Ozone Depleting Substances (ODS) (May 1996). For the purposes of this clause, the following are Class I ODS: Halons: 1011, 1202, 1211, 1301, and 2402; Chlorofluorocarbons (CFCs): CFC-11, CFC-12, CFC-13, CFC-111, CFC-112, CFC-113, CFC-114, CFC-115, CFC-211, CFC-212, CFC-213, CFC-214, CFC 215, CFC-216, and CFC-217, and the blends R-500, R-501, R-502, and R-503; and, Other Controlled Substances: Carbon Tetrachloride, Methyl Chloroform, and Methyl Bromide. The Seller is required to notify Buyer if any CLASS I ODS is required in the performance of this contract. F42620-99-C-0027 5352.223-9000, Elimination of Use of Class I Ozone Depleting Substances (ODS) (May 1996).For the purposes of this clause, the blanks are completed as follows: NONE. For the purposes of this clause, the following are Class I ODS: a. Halons: 1011, 1202, 1211, 1301, and 2402; b. Chlorofluorocarbons (CFCs): CFC-11, CFC-12, CFC-13, CFC-111, CFC-112, CFC-113, CFC-114, CFC-115, CFC-211, CFC-212, CFC-213, CFC-214, CFC 215, CFC-216, and CFC-217, and the blends R-500, R-501, R-502, and R-503; and, c. Other Controlled Substances: Carbon Tetrachloride, Methyl Chloroform, and Methyl Bromide. The Seller is required to notify Buyer if any CLASS I ODS is required in the performance of this contract. F42620-99-D-0053 5352.223-9000, Elimination of Use of Class I Ozone Depleting Substances (ODS) (May 1996). For the purposes of this clause, the following are Class I ODS: Halons: 1011, 1202, 1211, 1301, and 2402; Chlorofluorocarbons (CFCs): CFC-11, CFC-12, CFC-13, CFC-111, CFC- 112, CFC-113, CFC-114, CFC-115, CFC-211, CFC-212, CFC-213, CFC-214, CFC 215, CFC-216, and CFC-217, and the blends R-500, R-501, R-502, and R-503; and, Other Controlled Substances: Carbon Tetrachloride, Methyl Chloroform, and Methyl Bromide. The Seller is required to notify Buyer if any CLASS I ODS is required in the performance of this contract. H-732: RELIEF FROM DIMINISHING SOURCES OR MATERIAL SHORTAGES COMPONENTS (F-16 PROGRAM) A diminishing manufacturing sources or material component (DMS component) is a component or material, intended to be incorporated directly into an end item specified to be delivered under the purchase order or contract, that is unavailable from all manufacturers known to the Seller, in the quantity necessary to comply with the delivery terms of the purchase order or contract. The Seller shall promptly notify the Buyer in writing whenever the Seller believes that one or more of the components or materials intended to be incorporated directly into an end item specified to be delivered under the purchase order or contract is a DMS component. The notice shall identify the part number, national stock number, and nomenclature of each DMS component. If the Seller believes that one or more of the components or materials intended to be incorporated directly into an end item specified to be delivered under the purchase order or contract is a DMS component, the Seller may request contractual relief according to this clause. The Seller shall submit the request in writing to the Buyer within twenty (20) days after the Seller discovers a DMS situation. The request shall indicate that it is a request for contractual relief according to this clause and shall include, if applicable, the following information: part number for each DMS component, its national stock number, nomenclature and actual manufacturer; part number of the end item where the DMS component is incorporated, national stock number, nomenclature, and actual manufacturer of the end item, description of the physical location on the weapon system where the end item is used; identification of the organization or organizations within DoD that manage the end item and those that manage each DMS component of the end item. identification of other public and private entities known by the Seller to use substantially the same DMS component or end item; all technical remedies the Seller recommends, if any, to overcome or mitigate the unavailability of DMS components (e.g., and engineering change proposal or the substitution of components having the same form, fit, and function); and a statement substantially as follows signed by an individual authorized to bind the Seller contractually: To the best of the Sellers knowledge and belief, the components or materials identified according to paragraph (c) of the clause titled Relief from Diminishing Source or Material Shortage Components of [purchase order or contract] number ____________________ are DMS component(s) according to the definition in paragraph (a) of that clause. d. The Buyer shall decide whether the request complies with the informational requirements of paragraph (c). If the Buyer finds that the request substantially complies with such requirements, the Buyer shall determine whether the components or materials identified according the paragraph (c) are DMS components. In making the determination, the Buyer: 1. shall consider the information the Seller furnished with the request; and 2. shall consult knowledgeable technical personnel, and, to the extent practicable, the organizations and points of contact the Seller identified in the request; and may consider any other relevant information available to the government. e. If the Buyer finds that the Sellers request does not substantially comply with the informational requirements of paragraph (c), or if the Buyer determines that none of the components or materials identified according to paragraph (c) is a bona fide DMS component, the Buyer shall, within fort-five (45) calendar days of receipt of the request, notify the Seller in writing accordingly. The notice shall identify the deficiencies in the request, or shall state the reasons the government disagrees with the Sellers statement that the components or materials identified are DMS components. The Buyer may, thereafter, accept any revision of the request if the Seller is not then in breach of any material requirement of the contract. If the Buyer finds that the Sellers request substantially complies with the informational requirements of paragraph (c), and determines that one or more of the components or materials identified are bona fide DMS components, the Buyer shall, within forty-five (45) calendar days of receipt of the request, notify the Seller in writing accordingly. The notice shall constitute the Buyers acknowledgement that, if the Seller fails to deliver the end item within the time specified in the purchase order or contract, the Buyer will consider the DMS components to be a cause beyond the control and without the fault or negligence of the Seller to the extent the Sellers failure to perform is attributable to the DMS components. Additionally, the Buyer may consider a proposal, if offered by the Seller, to address the additional costs associated with alternative sources or work-around solutions to such DMS situation. No provision of this clause, nor any action taken by the Buyer or the government according to this clause, shall, in itself, relieve the Seller of the duty to respond to any delinquency notice prescribed in FAR 42.607. Failure to agree upon the existence of the DMS situation shall be a dispute within the meaning of the clause in this contract entitled Disputes. F42620-01-D-0058 Supplement to Appendix A For all subcontracts issued under the subject Prime Contract, incorporate the following terms and conditions, applicable as noted, in addition to those other terms and conditions (the 26th Series etc.) to be used for subcontracts issued under such Prime Contract. The language of the incorporated clause(s) should be modified so that "Government" and "Contracting Officer" mean Buyer, "Contractor" means Seller, "Contract" means Purchase Order, and "Subcontractor" means Seller's Subcontractors. DFARS 252.225-7010, DUTY-FREE ENTRY ADDITIONAL PROVISIONS (AUG 2000) DFARS 252.225-7027, RESTRICTION ON CONTINGENT FEES FOR FOREIGN MILITARY SALES (MAR 1998): (b)(1) For sales to the Government(s) of Australia, Taiwan, Egypt, Greece, Israel, Japan, Jordan, Republic of Korea, Kuwait, Pakistan, Philippines, Saudi Arabia, Turkey, Thailand, or Venezuela (Air Force), contingent fees in any amount. DFARS 252.226-7001, UTILIZATION OF INDIAN ORGANIZATIONS AND INDIAN-OWNED ECONOMIC ENTERPRISES DOD CONTRACTS (SEP 2001). Applies to subcontracts over the simplified acquisition threshold except for commercial items. FAR 52.227-1, AUTHORIZATION AND CONSENT (JUL 1995), ALTERNATE I (APR 1984) FAR 52.227-2, NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (AUG 1996) DFARS 252.227-7013, RIGHTS IN TECHNICAL DATA NONCOMMERCIAL ITEMS (NOV 1995); 252.227-7014, RIGHTS IN NONCOMMERCIAL COMPUTER SOFTWARE AND NONCOMMERCIAL COMPUTER SOFTWARE DOCUMENTATION (JUN 1995); 252.227-7016, RIGHTS IN BID OR PROPOSAL INFORMATION (JUN 1995); 252.227-7019, VALIDATION OF ASSERTED RESTRICTIONS COMPUTER SOFTWARE (JUN 1995); 252.227-7030, TECHNICAL DATA WITHHOLDING OF PAYMENT (MAR 2000); 252.227-7036, DECLARATION OF TECHNICAL DATA CONFORMITY (JAN 1997); and 252.227-7037, VALIDATION OF RESTRICTIVE MARKINGS ON TECHNICAL DATA (SEP 1999). FAR 52.243-2, CHANGES COST-REIMBURSEMENT (AUG 1987) FAR 52.243-2, CHANGES COST REIMBURSEMENT ALTERNATE I (APR 1984) FAR 52.243-2, CHANGES COST REIMBURSEMENT ALTERNATE II (APR 1984) FAR 52.243-3, CHANGES TIME-AND-MATERIALS OR LABOR-HOURS (SEP 2000) FAR 52.246-3, INSPECTION OF SUPPLIES COST-REIMBURSEMENT (MAY 2001) FAR 52.246-4, INSPECTION OF SERVICES FIXED PRICE (AUG 1996) FAR 52.246-5, INSPECTION OF SERVICES COST-REIMBURSEMENT (APR 1984) FAR 52.249-4, TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (SERVICES) (SHORT FORM) (APR 1984) FAR 52.249-6, TERMINATION (COST-REIMBURSEMENT) (SEP 1996) FAR 52.249-6, TERMINATION (COST-REIMBURSEMENT) ALTERNATE IV (SEP 1996) (applicable to Time-and-Material or Labor-Hour subcontracts)     ATTACHMENT Z1 Revision P  PAGE 3 of 76 ATTACHMENT Z1 Revision Q 11/17/2008 w x ( m[Am2jh_hp.5@CJOJQJUaJ#h_hp.5@CJOJQJaJ,jh_hp.5@CJOJQJUaJ h_hp.@CJOJQJaJh_hp.CJOJQJhh_hp.CJOJQJh_hp.5CJOJQJ\h-zCJOJQJhAh-z@CJOJQJ hAh-z%hAh-zCJOJQJhCA&hAh-zCJOJQJw x e f   z { | 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