Prime Contract Clauses Flow-downs applicable to all MCM USV Vendors, including Commercial Item (as Defined in FAR 2.101) Vendors (Rev. 1).

CLAUSE	CLAUSE TITLE		DATE	SUBCONTRACTOR APPLICABILITY
52.242-15		Stop-Work Order	AUG 1989	All subcontracts, including commercial items.
52.202-1		Definitions	JUN 2020	All subcontracts, including commercial items.
52.203-13		Contractor Code of Business Ethics and Conduct	JUN 2020	All subcontracts, including commercial items, which exceed $6 million and have a period of performance of more than 120 days.  All disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer.
52.203-17		Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights	JUN 2020	All subcontracts, including commercial items, which exceed $250,000.
52.203-19		Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements	JAN 2017	All subcontracts, including commercial items.
52.204-2		Security Requirements	AUG 1996	All subcontracts, including commercial items, which involve access to classified information. Section (c) of the clause does not flow down.
52.204-9		Personal Identity Verification of Contractor Personnel	JAN 2011	All subcontracts, including commercial items, in which the subcontractor’s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system.
52.204-10		Reporting Executive Compensation and First-Tier Subcontract Awards	JUN 2020	All first-tier subcontracts, including commercial items, which exceed $30,000.  The clause does not flow down to lower tier subcontracts.
52.204-21		Basic Safeguarding of Covered Contractor Information Systems	JUN 2024	Subcontracts, including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.
52.204-23		Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities	JUL 2018	All subcontracts, including subcontracts for the acquisition of commercial items.
52.204-25		Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment	AUG 2020	All subcontracts, including subcontracts for the acquisition of commercial items. Section (b)(2)  of the clause does not flow down.
52.209-6		Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment	JUN 2020	All subcontracts, including commercial items, which exceed $35,000 that are not a subcontract for a commercially available off-the-shelf item.
52.211-5		Material Requirements	AUG 2000	All subcontracts, including commercial items.
52.215-2		Audit and Records-Negotiation	JUN 2020	All subcontracts, including commercial items, which exceed $250,000 and (1) are cost-reimbursement, incentive, time-and-materials, labor-hour, or price-redeterminable; or (2) for which certified cost and pricing data are required; or (3) that require the subcontractor to furnish reports [cost, funding, or performance reports] as discussed in Section (e) of the clause.
52.215-15		Pension Adjustments and Asset Reversions	OCT 2010	Subcontracts, including commercial items, for which it is anticipated that certified cost or pricing data will be required or for which any preaward or postaward cost determination will be subject to FAR part 31.
52.215-18		Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions	JUL 2005	Subcontracts for which it is anticipated that certified cost or pricing data will be required or for which any preaward or postaward cost determination will be subject to FAR part 31.
52.215-19		Notification of Ownership Changes	OCT 1997	Subcontracts for which it is anticipated that certified cost or pricing data will be required or for which any preaward or postaward cost determination will be subject to FAR part 31.
52.215-23		Limitations on Pass-Through Charges	JUN 2020	All cost-reimbursement and fixed price subcontracts that exceed $2 million except those identified in FAR 15.408(n)(2)(i)(B)(2). Note that FAR 15.408(n)(2)(i)(B)(2) excepts commercial products and commercial services acquired by fixed-price subcontract.
52.219-8		Utilization of Small Business Concerns.	OCT 2018	All subcontracts, including commercial items, that include further subcontracting opportunities.
52.222-20		Contracts for Materials, Supplies, Articles, and Equipment	JUN 2020	All subcontracts, including commercial items.
52.222-21		Prohibition of Segregated Facilities	APR 2015	All subcontracts, including commercial items, subject to Equal Opportunity (FAR 52.222-6) clause of this contract.
52.222-26		Equal Opportunity	SEP 2016	All subcontracts, including commercial items, not exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order 11246, as amended.
52.222-35		Equal Opportunity for Veterans	JUN 2020	All subcontracts, including commercial items,  of $150,000 or greater, unless exempted by the rules, regulations, or orders of the Secretary of Labor.
52.222-36		Equal Opportunity for Workers with Disabilities	JUN 2020	All subcontracts, including commercial items, of $15,000 or greater, unless exempted by the rules, regulations, or orders of the Secretary of Labor.
52.222-37		Employment Reports on Veterans	JUN 2020	All subcontracts, including commercial items, of $150,000 or greater, unless exempted by the rules, regulations, or orders of the Secretary of Labor.
52.222-40		Notification of Employee Rights Under the National Labor Relations Act.	DEC 2010	All subcontracts, including commercial items, which exceed $10,000,  unless exempted by the rules, regulations, or orders of the Secretary of Labor.
52.222-50		Combating Trafficking in Persons.	JAN 2019	All subcontracts, including commercial items.
52.222-53		Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements	MAY 2014	All subcontracts, including commercial items, for exempt services.
52.222-54		Employment Eligibility Verification.	OCT 2015	All subcontracts which exceed $3,500, that include work in the U.S., and is for commercial or noncommercial services (except for commercial services that are part of the purchase of a COTS item (or an item that would be a COTS item, but for minor modifications), performed by the COTS provider, and are normally provided for the COTS item) or construction.
52.227-14		Rights in Data-General	MAY 2014	All subcontracts, including commercial items.
52.230-2		Cost Accounting Standards	JUN 2020	All subcontracts, including commercial items, of $750,000 or greater unless exempt by 48 CFR 9902.201-1. Section (b) of the clause does not flow down.
52.230-6		Administration of Cost Accounting Standards	JUN 2010	All subcontracts, including commercial items, when 52.230-2 is applicable.
52.232-40		Providing Accelerated Payments to Small Business Subcontractors.	DEC 2013	All subcontracts, including commercial items, with small business concerns.
52.242-1		Notice of Intent to Disallow Costs	APR 1984	All subcontracts, including commercial items.
52.244-6		Subcontracts for Commercial Items	JUL 2021	All subcontracts, including commercial items.
52.245-1		Government Property	JAN 2017	All subcontracts, including commercial items, where Government property is acquired or furnished for subcontract performance.
252.203-7003		Agency Office of the Inspector General	AUG 2019	All subcontracts, including commercial items, to which FAR 52.203-13, Contractor Code of Business Ethics and Conduct, applies.
252.204-7009		Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information	OCT 2016	Subcontracts for services that include support for the Government’s activities related to safeguarding covered defense information and cyber incident reporting, including subcontracts for commercial items.
252.204-7012		Safeguarding Covered Defense Information and Cyber Incident Reporting	DEC 2019	Subcontracts for operationally critical support or for which subcontract performance will involve covered defense information, including subcontracts for commercial items.
252.204-7015		Notice of Authorized Disclosure of Information for Litigation Support	MAY 2016	All subcontracts, including subcontracts for commercial items.
252.204-7020		NIST SP 800-171 DoD Assessment Requirements	NOV 2020	All subcontracts, including subcontracts for the acquisition of commercial items (excluding COTS items).
252.204-7023		Reporting Requirements for Contracted Services	JUL 2021	First-tier subcontracts, including commercial items, for services.
252.211-7003		Item Unique Identification and Valuation	MAR 2016	All subcontracts, including commercial items.
252.225-7009		Restriction on Acquisition of Certain Articles Containing Specialty Metals	DEC 2019	All subcontracts, including subcontracts for commercial items. Section (d) and (e)(1) of the clause do not flow down.
252.225-7048		Export-Controlled Items.	JUN 2013	All subcontracts, including commercial items.
252.225-7052		Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten	OCT 2020	Subcontracts that are for items containing covered material, including subcontracts for commercial items, unless an exception in section (c) of the clause applies.
252.225.7052		Restriction on acquisition of certain magnets and tungsten. (DEVIATION 2019-O0006)	JAN 2019	Subcontracts that are for items containing covered material, including subcontracts for commercial items, unless an exception in section (c) of the clause applies.
252.227-7013		Rights in Technical Data—Noncommercial Items.	FEB 2014	All subcontracts, including commercial items.
252.227-7014		Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation	FEB 2014	All subcontracts, including commercial items.
252.227-7015		Technical Data–Commercial Items	FEB 2014	All subcontracts, including commercial items.
252.227-7016		Rights in Bid or Proposal Information.	JAN 2011	All subcontracts, including commercial items.
252.227-7019		Validation of Asserted Restrictions—Computer Software	SEP 2016	All subcontracts, including commercial items.
252.227-7030		Technical Data – Withholding of Payment	MAR 2000	All subcontracts, including commercial items.
252.227-7037		Validation of Restrictive Markings on Technical Data	SEP 2016	All subcontracts, including commercial items.
252.227-7038		Patent Rights—Ownership by the Contractor (Large Business)	JUN 2012	Unless a different patent rights clause is required by FAR 27.303, all subcontracts for  experimental, developmental, or research work (except for subcontracts for experimental, developmental, or research work performed by a small business to which FAR 52.227-11 applies).
252.232-7017		Accelerating Payments to Small Business Subcontractors—Prohibition on Fees and Consideration	APR 2020	All subcontracts with small business concerns, including those for the acquisition of commercial items.
252.244-7000		Subcontracts for Commercial Items	JUN 2013	All subcontracts, including subcontracts for the acquisition of commercial items.
252.246-7001		Warranty of Data	MAR 2014	All subcontracts, including commercial items.
252.246-7001 Alt I		Warranty of Data (Mar 2014) – Alternate I	MAR 2014	All subcontracts, including commercial items.
252.246-7001 Alt II		Warranty of Data (Mar 2014) – Alternate II	MAR 2014	All subcontracts, including commercial items.
252.246-7003		Notification of Potential Safety Issues	JUN 2013	Subcontracts, including subcontracts for commercial items, described in Section (f)(1) of the clause.
252.246-7007		Contractor Counterfeit Electronic Parts Detection and Avoidance System	AUG 2016	Subcontracts, including subcontracts for commercial items, for electronic parts or assemblies containing electronic parts. Sections (a) through (e) flow down.  The introductory text of the clause does not apply to subcontractors.
252.246-7008		Sources of Electronic Parts	MAY 2018	Subcontracts, including subcontracts for commercial items, for electronic parts or assemblies containing electronic parts.

 

RIGHTS IN TECHNICAL DATA AND COMPUTER SOFTWARE

a) Seller agrees that it has reviewed DFARS 252.227-7013, 252.227-7014, 252.227-7015, 252.227-7016, 252.227-7017, 252.227-7018, and 252.227-7028 and has made all assertions regarding rights in Technical Data, Computer Software, and Computer Software Documentation in accordance with those clauses for commercial and non-commercial data to be provided to Buyer under this Purchase Order.

b) When Seller is asserting restrictions based solely on copyright, for data other than computer software, Seller grants Buyer and the Government, and others acting on its behalf, a paid-up, nonexclusive, irrevocable, worldwide license in such copyrighted data to reproduce, prepare derivative works of, distribute copies to the public, and perform publicly and display publicly such data by or on behalf of the Government.

c) When Seller is asserting restrictions based solely on copyright, for computer software, Seller to grants Buyer and the Government, and others acting on its behalf, a paid-up, nonexclusive, irrevocable, worldwide license in such copyrighted computer software to reproduce, prepare derivative works of, and perform and display publicly (but not to distribute copies to the public) such computer software by or on behalf of the Government.

 

DPAS RATING: DO-A3

a) This contract is a rated order under DPAS (15 CFR 700), with a rating of DO-A3. By signing the P/O Seller agrees to the following: This is a rated order certified for national defense use, and Seller is required to follow all the provisions of the Defense Priorities and Allocation System regulation (15 CFR 700).

 

DOMESTIC SOURCING

a) The Seller agrees to identify the country of origin of all articles, materials, and supplies provided to Buyer under the P/O.

 

COMBATING TRAFFICKING IN PERSONS

a) This contract includes FAR 52.222-50. If this P/O is for supplies, other than commercially available off-the-shelf items, acquired outside of the U.S., or services performed outside of the U.S. and have an estimated value that exceeds $500,000, by signing the P/O the Seller certifies: (i) It has implemented a compliance plan to prevent any prohibited activities identified in paragraph (b) of FAR 52.222-50 and to monitor, detect, and terminate any agent, subcontract or subcontractor employee engaging in prohibited activities; and (ii) After having conducted due diligence, either – (A) To the best of the Seller’s knowledge and belief, neither it nor any of its agents, subcontractors, or their agents is engaged in any such activities; or (B) If abuses relating to any of the prohibited activities identified in paragraph (b) of FAR 52.222-50 have been found, the Seller has taken the appropriate and referral actions.

b) The Seller agrees to make this certification to the Buyer annually during performance of the P/O.

 

CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS

a) This contract contains FAR 52.203-11 and 52.203-12. By signing the P/O, Seller certifies to the best of its knowledge and belief that 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, an employee of a Member of Congress on its behalf in connection with the awarding of this contract.

b) If any registrants under the Lobbying Disclosure Act of 1995 have made any lobbying contact on behalf of the Seller with respect to this contract, the Seller shall complete and submit, with its offer to Buyer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The Seller need not report regularly employed officers or employees of the Seller to whom payments of reasonable compensation were made.

 

CERTIFICATION REGARDING DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT

a) This contract contains FAR 52.209-6. By signing the P/O, Seller certifies that it and/or any of its principals are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency.

 

STANDARDIZATION

a) The U.S. Government has expressed a desire to procure multiple vessels under the MCM USV program. It is extremely important to the U.S. Government to maintain standardization within the MCM USV fleet.

b) Equipment supplied under the MCM USV program for follow-on vessels shall be identical to that supplied for the first vessel, unless otherwise approved in advance in writing by Bollinger.

c) Any cost incurred by Bollinger for changes proposed by Seller shall be to Seller’s account. Changes shall include, but not be limited to, changes to the model number, components, parts, part numbers, technical data packages, software, firmware, hardware, VFI, or similar items.

 DISPUTES

a) Seller expressly represents that the Contract Disputes Act (CDA) is incorporated into this Agreement and Purchase Order and to be bound by the procedures set forth therein regarding any and all disputes arising out of or related to this Agreement and/or Purchase Order. Seller further agrees to first make and assert any and all claims and/or requests for equitable adjustment arising out of, related to, or connected with the Contract, Agreement, or Purchase Order in the manner and within the time limits provided in the Contract for Seller to pursue like claims against USG and in sufficient time for Seller to make such claims against the USG in accordance with the Contact. Seller agrees to permit Seller to prosecute a claim or equitable adjustment in the name of Seller for the use and benefit of Seller in the manner provided in the Prime Contract for like claims pursued by Bollinger against the USG.  However, nothing contained in this Agreement shall cancel rights, remedies, or benefits in favor of Seller that do not exist pursuant to the terms of this Agreement.

i) Pending final disposition of any dispute under this Agreement or Purchase Order, Seller agrees to proceed diligently with the performance of this Agreement or Purchase Order and in accordance with the decision of Bollinger or USG.

ii) Any decision made by the USG Contracting Officer in Bollinger’s Prime Contract, if binding upon Bollinger, shall bind Bollinger and Seller. In no event shall Bollinger be required to appeal on behalf of or permit Seller to appeal in Bollinger’s name if Bollinger considers Seller’s position to be groundless in fact, or in law or frivolous. Any decision on such appeal shall be binding upon Seller.

iii) If Bollinger permits Seller to appeal in Bollinger’s name, Seller will be permitted, to the extent permitted by the Government, to participate in any such appeal for the purpose of protecting its rights, and Bollinger will not enter into a settlement agreement with the Government or take any other action which would prejudice Seller’s rights under this Clause without Seller’s consent. Fees and costs and expenses incurred by Bollinger in prosecuting any such appeal initiated by Bollinger at Seller’s request shall be paid by Seller and shall not be reimbursable or otherwise compensable as a cost under this Purchase Order or Agreement. The Seller agrees to comply with the same claim certification requirements and support data requirements imposed upon the Bollinger under its Prime Contract by reason of the Contract Disputes Act of 1978 (41 U.S.C. §601-613), FAR 52.233-1.  Specifically, Seller, and Seller on behalf of its sub-tier subcontractors, suppliers and Sellers, agree to provide with its claim submission, in accordance with the CDA, the following certification language:  “I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the [submitting party] believes the Government are liable; and that I am duly authorized to certify the claim on behalf of the [submitting party].”

iv) Seller agrees to accept in full satisfaction and discharge of any and all of its claims brought under the CDA the amounts which Bollinger recovers from the Government on behalf of the Seller, and Seller on behalf of its sub-tier subcontractors, suppliers and Sellers, pursuant to the terms of this Agreement and Purchase Order, if any. If no such recovery is obtained from the Government, Seller, and Seller on behalf of its sub-tier subcontractors, suppliers and Sellers, agree to accept Bollinger’s good faith efforts, cooperation, and compliance with its obligations provided herein to obtain such recovery in full satisfaction and discharge of Seller, and Seller on behalf of its sub-tier subcontractors, suppliers and Sellers, asserted claims.   Seller, and Seller on behalf of its sub-tier subcontractors, suppliers and Sellers, shall not commence or take any legal action related to the Bollinger’s prosecution of Seller, and Seller on behalf of its sub-tier subcontractors, suppliers and Sellers, claims.  Seller, and Seller on behalf of its sub-tier subcontractors, suppliers and Sellers, agree that each will not seek to recover from Bollinger any amount that Bollinger does not recover from the Government for each of Seller, and Seller on behalf of its sub-tier subcontractors, suppliers and Sellers claims, respectively.

v) Seller, and Seller on behalf of its sub-tier subcontractors, suppliers and Sellers, agree that each will prepare its claim(s) in accordance with FAR 52.233-1 as well as provide a cost or pricing data certification pursuant to the FAR.

vi) Bollinger and Seller, and Seller on behalf of its sub-tier subcontractors, suppliers and Sellers, shall confer with regard to discovery, the proposed presentation of evidence and testimony, and shall give due regard to the needs of the other party’s proof. If the presentation of the proof or part of the proof of one party’s claim or request for contract adjustment directly interferes with the proof of the other party’s claim, Bollinger shall confer with Seller, and Seller on behalf of its sub-tier subcontractors, suppliers and Sellers.  As the named party, however, Bollinger has the right to make the final decision as to what action to take, if any.

vii) Seller, and Seller on behalf of its sub-tier subcontractors, suppliers and Sellers, may retain their own attorneys and experts to prepare and assist in presenting the Seller, and Seller on behalf of its sub-tier subcontractors, suppliers and Sellers, evidence in support of their claims in the name of Bollinger if allowed by Bollinger.

viii) Bollinger’s counsel will be designated as the lead attorney for all claims filed with the Government and jointly negotiated. With regard to any proceeding before the CBCA or COFC, or any resultant appeal, Bollinger’s counsel shall be designated as “Counsel of Record.”

b) Arbitration Clause

i) As a condition precedent to arbitration, Seller, and Seller on behalf of its sub-tier subcontractors, suppliers and Sellers, must first submit any and all claims and disputes arising out of, related to, or connected with the Agreement and/or Purchase Order through the CDA procedure and consistent with Article 15(a) above before filing any arbitration proceeding or demand. Only after Seller, and Seller on behalf of its sub-tier subcontractors, suppliers and Sellers, exhausts any and all remedies and procedures addressed in Article 15(a), shall Seller, and Seller on behalf of its sub-tier subcontractors, suppliers and Sellers be permitted to submit any and all unresolved disputes arising under this Agreement and/or Purchase Order that cannot be settled by the parties under the Dispute Resolution Procedures in Article 15(a) to binding arbitration under the Construction Industry Rules of Arbitration of the American Arbitration Association.  The parties agree that the AAA Construction Industry Rules are expressly incorporated into this Agreement and/or Purchase Order. Any and all arbitration proceedings and hearings shall be located in New Orleans, Louisiana. Louisiana Law shall govern this Contract.

ii) Seller shall support Bollinger as requested in the resolution of any Disputes that arise between Bollinger and the U.S. Government. Bollinger shall support Seller’s requests for equitable adjustment to price and schedule for Changes initiated by the U.S. Government.

  

C-211-W001 REPLACEMENT PARTS AVAILABILITY (NAVSEA) (OCT 2018)

The contractor guarantees that replacement parts for each component part listed in this contract shall be available for a minimum of FIFTEEN (15) YEARS from the date of this contract. Subsequent to this period, if parts are not available from the contractor, the contractor shall, if requested by the Government, furnish data to enable the Government to have such parts manufactured elsewhere.

 

C-227-H009 ACCESS TO DATA OR COMPUTER SOFTWARE WITH RESTRICTIVE MARKINGS (NAVSEA) (JAN 2019)

(a) Performance under this contract may require that the Contractor have access to technical data, computer software, or other sensitive data of another party that contains restrictive markings. If access to such data or software is required or to be provided, the Contractor shall enter into a written agreement with such party prior to gaining access to such data or software. The agreement shall address, at a minimum, (1) access to, and use of, the restrictively marked data or software exclusively for the purposes of performance of the work required by this contract, and (2) safeguards to protect such data or software from unauthorized use or disclosure for so long as the data or software remains properly restrictively marked. In addition, the agreement shall not impose any limitation upon the Government or its employees with respect to such data or software. A copy of the executed agreement shall be provided to the Contracting Officer. The Government may unilaterally modify the contract to list those third parties with which the Contractor has agreement(s).

(b) The Contractor agrees to: (1) indoctrinate its personnel who will have access to the data or software as to the restrictions under which access is granted; (2) not disclose the data or software to another party or other Contractor personnel except as authorized by the Contracting Officer; (3) not engage in any other action, venture, or employment wherein this information will be used, other than under this contract, in any manner inconsistent with this requirement; (4) not disclose the data or software to any other party, including, but not limited to, joint venturer, affiliate, successor, or assign of the Contractor; and (5) reproduce the restrictive stamp, marking, or legend on each use of the data or software whether in whole or in part.

(c) These restrictions on use and disclosure of the data and software also apply to information received from the Government through any means to which the Contractor has access in the performance of this contract that contains restrictive markings.

(d) The Contractor agrees that it will promptly notify the Contracting Officer of any attempt to gain access to any information with restrictive markings. Such notification shall include the name and organization of the individual, company, or Government representative seeking access to such information.

(e) The Contractor shall include this requirement in subcontracts of any tier which involve access to information covered by paragraph (a), substituting “subcontractor” for “Contractor” where appropriate.

(f) Compliance with this requirement is a material requirement of this contract.

 

C-227-H010 COMPUTER SOFTWARE AND COMPUTER DATA BASES DELIVERED TO OR RECEIVED FROM THE GOVERNMENT (NAVSEA) (JAN 2019)

(a) The Contractor agrees to test for viruses, malware, Trojan Horses, and other security threats such as those listed in NIST Special Publication 800-12 Rev 1, An Introduction to Computer Security, The NIST Handbook, Chapter 4, in all computer software and computer data bases (as defined in the clause entitled “Rights In Noncommercial Computer Software and Noncommercial Computer Software Documentation” (DFARS 252.227-7014)), before delivery of that computer software or computer data base in whatever media and on whatever system the computer software or data base is delivered whether delivered separately or imbedded within delivered equipment. The Contractor warrants that when delivered any such computer software and computer data base shall be free of viruses, malware, Trojan Horses, and other security threats such as those listed in NIST Special Publication 800-12 Rev 1.

(b) The Contractor agrees that prior to use under this contract, it shall test any computer software and computer data base received from the Government for viruses, malware, Trojan Horses, and other security threats listed in NIST Special Publication 800-12 Rev 1, An Introduction to Computer Security, The NIST Handbook, Chapter 4.

(c) Any license agreement governing the use of any computer software or computer software documentation delivered to the Government as a result of this contract must be paid-up, irrevocable, world-wide, royalty-free, perpetual and flexible (user licenses transferable among Government employees and personnel under Government contract).

(d) The Contractor shall not include or permit to be included any routine to enable the contractor or its subcontractor(s) or vendor(s) to disable the computer software or computer data base after delivery to the Government.

(e) No copy protection devices or systems shall be used in any computer software or computer data base delivered under this contract with unlimited or Government purpose rights (as defined in DFARS 252.227-7013 and 252.227- 7014) to restrict or limit the Government from making copies.

(f) It is agreed that, to the extent that any technical or other data is computer software by virtue of its delivery in digital form, the Government shall be licensed to use that digital-form data with exactly the same rights and limitations as if the data had been delivered as hard copy.

(g) Any limited rights legends or other allowed legends placed by a Contractor on technical data or other data delivered in digital form shall be digitally included on the same media as the digital-form data and must be associated with the corresponding digital-form technical data to which the legend(s) apply to the extent possible. Such legends shall also be placed in human-readable form on a visible surface of the media carrying the digital-form data as delivered, to the extent possible.

D-247-H005 MARKING AND PACKING LIST(S) – ALTERNATE I (NAVSEA) (OCT 2018)

(a) Marking. Shipments, shipping containers and palletized unit loads shall be marked in accordance with MILSTD-129R with Change 1 dated 24 May 2018.

(b) Packing List(s). A packing list (DD Form 250 Material Inspection and Receiving Report may be used) identifying the contents of each shipment, shipping container or palletized unit load shall be provided by the Contractor with each shipment in accordance with the above cited MIL-STD. When a contract line item identified under a single stock number includes an assortment of related items such as kit or set components, detached parts or accessories, installation hardware or material, the packing list(s) shall identify the assorted items.

Where DD Form 1348-1 or DD Form 1348-1A is applicable and an assortment of related items is included in the shipping container, a packing list identifying the contents shall be furnished.

(c) Master Packing List. In addition to the requirements in paragraph (b) above, a master packing list shall be prepared where more than one shipment, shipping container or palletized unit load comprise the contract line item being shipped. The master packing list shall be attached to the number one container and so identified.

(d) Part Identification. All items within the kit, set, installation hardware or material shall be suitably segregated and identified within the unit pack(s) or shipping container by part number and/or national stock number. Refer to the above cited MIL-STD for marking of assorted (related-unrelated) items.

 

D-247-W001 PROHIBITED PACKING MATERIALS (NAVSEA) (OCT 2018)
The use of asbestos, excelsior, newspaper or shredded paper (all types including waxed paper, computer paper and similar hygroscopic or non-neutral material) is prohibited. In addition, the use of yellow wrapping or packaging material is prohibited except where used for the containment of radioactive material. Loose fill polystyrene is prohibited for shipboard use.

 

D-247-W002 UNPACKING INSTRUCTIONS (NAVSEA) (OCT 2018)

(a) Location on Container. When practical, one set of the unpacking instructions will be placed in a heavy water-proof envelope prominently marked “UNPACKING INFORMATION” and firmly affixed to the outside of the shipping container in a protected location, preferably between the cleats on the end of the container adjacent to the identification marking. If the instructions cover a set of equipment packed in multiple containers, the instructions will be affixed to the number one container of the set. When the unpacking instructions are too voluminous to be affixed to the exterior of the container, they will be placed inside and directions for locating them will be provided in the envelope marked “UNPACKING INFORMATION”.

(b) Marking Containers. When unpacking instructions are provided, shipping containers will be stenciled “CAUTIONTHIS EQUIPMENT MAY BE SERIOUSLY DAMAGED UNLESS UNPACKING INSTRUCTIONS ARE CAREFULLY FOLLOWED. UNPACKING INSTRUCTIONS ARE LOCATED UNDER THE SHIPPING LABEL.” When practical, this marking will be applied adjacent to the identification marking on the side of the container.

 

52.246-11 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT (DEC 2014)

(a) The Contractor shall comply with the higher-level quality standard(s) listed below.

ANSI/ISO/ASQ 9001-2015

(b) The Contractor shall include applicable requirements of the higher-level quality standard(s) listed in paragraph (a) of this clause and the requirement to flow down such standards, as applicable, to lower-tier subcontracts, in–

(1) Any subcontract for critical and complex items (see 46.203(b) and (c)); or

(2) When the technical requirements of a subcontract require–

(i) Control of such things as design, work operations, in-process control, testing, and inspection; or

(ii) Attention to such factors as organization, planning, work instructions, documentation control, and advanced metrology.

 

E-246-H020 QUALITY MANAGEMENT SYSTEM REQUIREMENTS (NAVSEA) (OCT 2018)
The Contractor shall provide and maintain a quality management system that, as a minimum, adheres to the requirements of ASQ/ANSI/ISO 9001:2015 “Quality Management Systems – Requirements” and supplemental requirements imposed by this contract. The quality management system procedures, planning, and all other documentation and data that comprise the quality management system shall be made available to the Government for review. Existing quality documents that meet the requirements of this contract may continue to be used. The Government may perform any necessary inspections, verifications, and evaluations to ascertain conformance to requirements and the adequacy of the implementing procedures. The Contractor shall flow down such standards, as applicable, to lower-tier subcontractors under instances covered in FAR 52.246-11(b) or at the direction of the Contracting Officer. The Government reserves the right to disapprove the quality management system or portions thereof when it fails to meet the contractual requirements.

 

Additional Prime Contract Clauses Flow-downs applicable to MCM USV Vendors (Exclusive of Commercial Items) (Rev. 1)

CLAUSE	CLAUSE TITLE	DATE	SUBCONTRACTOR APPLICABILITY
52.203-6	Restrictions on Subcontractor Sales to the Government.	JUN 2020	All subcontracts which exceed $250,000.
52.203-7	Anti-Kickback Procedures.	JUN 2020	All subcontracts which exceed $150,000.  Section (c)(1) of clause does not flow down.
52.203-12	Limitation on Payments to Influence Certain Federal Transactions	JUN 2020	All subcontracts which exceed $150,000.
52.215-11	Price Reductions for Defective Certified Cost or Pricing Data – Modifications	JUN 2020	All subcontracts where certified Cost or Pricing Data is required.
52.215-13 (Dev)	Subcontractor certified Cost or Pricing Data – Modifications (Deviation 2018-O0015)	MAY 2018	All subcontracts that exceed $2 million.
52.215-14	Integrity of Unit Prices	JUN 2020	All subcontracts, except: subcontracts $250,000 or less, construction or architect-engineer services (see FAR part 36), utility services (see FAR part 41), services where supplies are not required, commercial items, and petroleum products.
52.219-9	Small Business Subcontracting Plan	NOV 2021	All subcontracts (except with small business concerns) in excess of $750,000.
52.222-4	Contract Work Hours and Safety Standards -Overtime Compensation	MAY 2018	All subcontracts that may require or involve the employment of laborers and mechanics.
52.223-18	Encouraging Contractor Policies to Ban Text Messaging While Driving.	JUN 2020	All subcontracts which exceed the micro-purchase threshold (FAR 2.101)
52.225-13	Restrictions on Certain Foreign Purchases.	FEB 2021	All subcontracts.
52.227-1	Authorization and Consent.	JUN 2020	All subcontracts which exceed $250,000.
52.227-2	Notice and Assistance Regarding Patent and Copyright Infringement.	JUN 2020	All subcontracts which exceed $250,000.
52.246-26	Reporting Nonconforming Items	JUN 2020	All subcontracts.
252.203-7001	Prohibition on Persons Convicted of Fraud or Other Defense Contract-Related Felonies	DEC 2008	All first-tier subcontracts which exceed $250,000, except those for commercial items or components.
252.203-7002	Requirement to Inform Employees of Whistleblower Rights.	SEP 2013	All subcontracts.
252.203-7004	Display of Hotline Posters	AUG 2019	Subcontracts which exceed $6 million, except subcontracts for commercial items.
252.204-7000	Disclosure of Information	OCT 2016	All subcontracts.
252.208-7000	Intent to Furnish Precious Metals as Government-Furnished Material.	DEC 1991	All subcontracts, unless the item purchased contains no precious metals.
252.222-7006	Restrictions on the Use of Mandatory Arbitration Agreements.	DEC 2010	Subcontracts valued in excess of $1 million, except commercial items.
252.226-7001	Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns	APR 2019	All subcontracts which exceed $500,000.
252.234-7004	Cost and Software Data Reporting System	NOV 2014	Subcontracts that exceed $50 million.