Prime Contract Clauses Flow-downs applicable to all T-ATS Vendors, including Commercial Items (as Defined in FAR 2.101) Vendors.
|FAR Number||Title||Latest Update|
|252.211-7003||Item Unique Identification and Valuation||MAR 2016|
|52.232-40||Providing Accelerated Payments to Small Business Subcontractors||DEC 2013|
|252.204-7012||Safeguarding Covered Defense Information and Cyber Incident Reporting||DEC 2019|
|252.204-7015||Notice of Authorized Disclosure of Information for Litigation Support||MAY 2016|
|252.223-7008||Prohibition of Hexavalent Chromium||JUN 2013|
|252.225-7009||Restriction on Acquisition of Certain Articles Containing Specialty Metals||OCT 2014|
|252.227-7013||Rights in Technical Data – Noncommercial items||FEB 2014|
|225.227-7014||Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation||FEB 2014|
|225.227-7015||Technical Data – Commercial Items||FEB 2014|
|252.227-7019||Validation of Asserted Restrictions – Computer Software||SEP 2016|
|252.227-7025||Limitations on the Use or Disclosure of Government Furnished Information Marked with Restrictive Legends||MAY 2013|
|252.227-7027||Deferred Ordering of Technical Data or Computer Software||APR 1988|
|252.227-7037||Validation of Restrictive Markings on Technical Data||SEP 2016|
|252.244-7000||Subcontracts for Commercial Items||OCT 2020|
|252.246-7008||Sources of Electronic Parts||MAY 2018|
|52.204-21||Basic Safeguarding of Covered Contractor Information Systems||JUN 2016|
|52.203-13||Contractor Code of Business Ethics and Conduct||JUN 2020|
|52.203-19||Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements||JAN 2017|
|52.222-21||Prohibition of Segregated Facilities||APR 2015|
|52.222-26||Equal Opportunity||SEPT 2016|
|52.222-26||Equal Opportunity for Veterans||JUN 2020|
|52.222-36||Equal Opportunity for Workers with Disabilities||JUN 2020|
|52.222-40||Notification of Employee Rights Under the National Labor Relations Act||DEC 2010|
|52.222-50||Combatting Trafficking in Persons||OCT 2020|
|52.222-54||Employment Eligibility Verification||OCT 2015|
HQ C-2-0002 ACCESS TO PROPRIETARY DATA OR COMPUTER SOFTWARE (NAVSEA) (JUN 1994)
(a) Performance under this contract may require that the Contractor have access to technical data, computer software, or other sensitive data of another party who asserts that such data or software is proprietary. If access to such data or software is required or to be provided, the 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 proprietary 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 proprietary. 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 the spirit and intent of 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) The restrictions on use and disclosure of the data and software described above also apply to such information received from the Government through any means to which the Contractor has access in the performance of this contract that contains proprietary or other restrictive markings.
(d) The Contractor agrees that it will promptly notify the Contracting Officer of any attempt by an individual, company, or Government representative not directly involved in the effort to be performed under this contract to gain access to such proprietary information. 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.
5252.227-9113 GOVERNMENT-INDUSTRY DATA EXCHANGE PROGRAM (APR 2015)
(a) The Contractor shall participate in the appropriate interchange of the Government-Industry Data Exchange Program (GIDEP) in accordance with GIDEP PUBLICATION 1 dated April 2008. Data entered is retained by the program and provided to qualified participants. Compliance with this requirement shall not relieve the Contractor from complying with any other requirement of the contract.
(b) The Contractor agrees to insert paragraph (a) of this requirement in any subcontract hereunder exceeding $500,000.00. When so inserted, the word “Contractor” shall be changed to “Subcontractor”.
(c) GIDEP materials, software and information are available without charge from:
GIDEP Operations Center
P.O. Box 8000
Corona, CA 92878-8000
Phone: (951) 898-3207
FAX: (951) 898-3250
52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (JAN 2017)(Tailored)
If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, without additional charge, all reasonable facilities and assistance for the safety and convenient performance of these duties.Except as otherwise provided in the contract, the Government shall bear the expense of Government inspections or tests made at other than the Contractor’s or subcontractor’s premises, provided, that in case of rejection, the Government shall not be liable for any reduction in the value of inspection or test samples.
HQ C-2-0011 COMPUTER SOFTWARE AND/OR COMPUTER DATABASE(S) DELIVERED TO AND/OR RECEIVED FROM THE GOVERNMENT (NAVSEA) (APR 2004)
(a) The Contractor agrees to test for viruses all computer software and/or computer databases, 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 database in whatever media and on whatever system the software is delivered. The Contractor warrants that any such computer software and/or computer database will be free of viruses when delivered.
(b) The Contractor agrees to test any computer software and/or computer database(s) received from the Government for viruses prior to use under this contract.
(c) Unless otherwise agreed in writing, any license agreement governing the use of any computer software to be delivered as a result of this contract must be paid-up and perpetual, or so nearly perpetual as to allow the use of the computer software or computer data base with the equipment for which it is obtained, or any replacement equipment, for so long as such equipment is used. Otherwise the computer software or computer database does not meet the minimum functional requirements of this contract. In the event that there is any routine to disable the computer software or computer database after the software is developed for or delivered to the Government, that routine shall not disable the computer software or computer database until at least twenty-five calendar years after the delivery date of the affected computer software or computer database to the Government.
(d) No copy protection devices or systems shall be used in any computer software or computer database delivered under this contract to restrict or limit the Government from making copies. This does not prohibit license agreements from specifying the maximum amount of copies that can be made.
(e) Delivery by the Contractor to the Government of certain technical data and other data is now frequently required in digital form rather than as hard copy. Such delivery may cause confusion between data rights and computer software rights. It is agreed that, to the extent that any such data is computer software by virtue of its delivery in digital form, the Government will be licensed to use that digital-form with exactly the same rights and limitations as if the data had been delivered as hard copy.
(f) 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 legends 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.