FORWARD COMPONENTS INC. ADDITIONAL TERMS AND CONDITIONS FOR NAVSUP CONTRACT ORDERS

SUPPLIER CERTIFIES THAT IT IS IN COMPLIANCE WITH THE FOLLOWING FAR, DFARS, AND OTHER CLAUSES AS APPROPRIATE AND APPLICABLE TO THE ACCEPTED PURCHASE ORDER:

FAR 52.246-2 (AUG 1996) INSPECTION OF SUPPLIES-FIXED PRICE

FAR 52.225-13 (JUN 2008) RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (PURCHASE OVER $3,000)

FAR 52.222-55 (Dec 2014) MINIMUM WAGES UNDER EXECUTIVE ORDER 13658

DFARS 252.225-7048 (June 2013) EXPORT CONTROLLED ITEMS

DFARS 252.204-7012 (NOV 2013) SAFEGUARDING OF UNCLASSIFIED CONTROLLED TECHNICAL INFORMATION

DFARS 252.204-7015 (FEB 2014) DISCLOSURE OF INFORMATION TO LITIGATION SUPPORT CONTRACTORS

DFARS 252.203-7002 (JAN 2009) REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS

FAR 52.223-18 (AUG 2011) ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING

FAR 52.244-6 (OCT 2014) Subcontracts for Commercial Items (APPLIES TO ACQUISITIONS FOR OTHER THAN COMMERCIAL ITEMS)

Subcontracts for Commercial Items (Apr 2015)
(a) Definitions. As used in this clause—
“Commercial item” has the meaning contained Federal Acquisition Regulation 2.101, Definitions.
“Subcontract” includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the Contractor or subcontractor at any tier.
(b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial items or nondevelopmental items as components of items to be supplied under this contract.
(c)
(1) The Contractor shall insert the following clauses in subcontracts for commercial items:
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509), if the subcontract exceeds $5,000,000 and has a performance period of more than 120 days. In altering this clause to identify the appropriate parties, 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.
(ii) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5), if the subcontract is funded under the Recovery Act.
(iii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), if the subcontract offers further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).
(vi) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212(a));
(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(viii) 52.222-37, Employments Reports on Veterans (Jul 2014) (38 U.S.C. 4212).
(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496), if flow down is required in accordance with paragraph (f) of FAR clause 52.222-40.
(x)
(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xi) 52.222-55, Establishing a Minimum Wage for Contractors (E.O. 13658) (Dec 2014).
(xii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xiii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013), if flow down is required in accordance with paragraph (c) of FAR clause 52.232-40.
(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. App. 1241 and 10 U.S.C. 2631), if flow down is required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may flow down to subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(d) The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded under this contract.

5252.227-9401 (Jan 1992) NOTICE REGARDING THE DISSEMINATION OF EXPORT CONTROLLED TECHNICAL DATA

NAVSUPWSSHA22 PROTECTION OR DISCLOSURE OF TECHNICAL DATA – NAVAL
NUCLEAR PROPULSION INFORMATION (NNPI) (MAY2010)

1. REQUIREMENTS:
(a) Not Releasable to Foreign Nationals (NOFORN) is a marking applied to documents that are subject to special export controls, and each transmittal to a foreign government or to a foreign national may only be made with prior written approval from the NAVSUPWSS Contracting Officer.
(b) Naval Nuclear Propulsion Information (NNPI) is all information, classified or unclassified (U-NNPI), concerning the design, arrangement, development, manufacture, testing, operation, administration, training, maintenance and repair of the propulsion plants of Naval nuclear-powered ships and prototypes, including the associated shipboard and shore-based nuclear support facilities as defined in Bechtel Plant Machinery, Inc. (BPMI) policy document NN-801 “Guidelines for the Control and Protection of Unclassified Naval Nuclear Propulsion Information.” BPMI policy document NN-817 “Naval Nuclear Propulsion Information (NNPI) Guide” was developed to assist in the identification of NNPI and shall be used along with NN-801 to control and protect NNPI.
(c) Any procurements that involve classified NNPI require that the classified NNPI be protected under the requirements of BPMI policy document NN-802 “Control and Protection of Classified Naval Nuclear Propulsion Information.” When using NN-801, NN-802 or NN-817, all references to “BPMI” or “Prime Contractor” should be interpreted as meaning “NAVSUPWSS.”
(d) The NN-801, NN-802 and NN-817 documents are available from the BPMI E-Commerce website (https://logistics.bpmionline.net/ecommerce/default.asp.). This website is password protected. To request a password, send an email to: larry.stilwell@bpmionline.net. Requestors will be required to return a completed and signed NN-677B “Agreement for Protection of Unclassified Naval Nuclear Propulsion Information (U-NNPI).”
(e) Prior to closeout of the contract, the contractor must destroy, return or request retention of all hardcopies and all electronic files containing NOFORN, U-NNPI or classified NNPI in accordance with NN-801, NN-802 or NN-817. At this time, the contractor is required to submit a second completed and signed NN-677B “Agreement for Protection of Unclassified Naval Nuclear Propulsion Information (U-NNPI)” to the NAVSUPWSS Contracting Officer certifying their agreement to the destruction, return or retention of NOFORN, U-NNPI or classified NNPI.

2. DISCLOSURE:
(a) General Requirements: The contractor shall not release to anyone outside the contractor’s organization any unclassified information, regardless of medium (e.g., film, tape, document, display, brochure, etc.), regardless of purpose (e.g., contract/purchase order, performance, advertising, promotion, etc.) pertaining to any part of this contract/purchase order or any program related to this contract/purchase order unless –
(i) The NAVSUPWSS Contracting Officer has given prior written approval; or
(ii) The information is otherwise in the public domain before the date of release.
(b) Request Format and Timing: Requests for approval shall identify the specific information to be released, the medium to be used, and the purpose for the proposed release. The contractor shall submit their request to the NAVSUPWSS Contracting Officer at least sixty (60) days before the proposed date of release.
(c) Exception/Approval: In accordance with Paragraph 2(a)(i) above, approval is granted to the contractor so that they may, as necessary, disclose unclassified information, including sensitive unclassified information, to domestic entities under subcontract either actually or prospectively (including sub-tier orders), regardless of tier, under the contract/purchase order for the provision of Naval Nuclear Propulsion Program (NNPP) supplies or services; entities of the Federal Government involved in the Naval Nuclear Propulsion Program having a need to know; and other entities performing NNPP work. This authority does not authorize the contractor to release any information under or related to the subject contract/purchase order to any entity not specified above, or not specifically affiliated with the contractor under the subject contract/purchase order through a contractual or prospective contractual relationship. In addition, this authority does not authorize the contractor to release any information under or related to the subject contract/purchase order to a foreign source prior to submitting their request for release to and receiving written approval from the NAVSUPWSS Contracting Officer.
(d) Approval for release of information to sub-tiers and other entities with which the contractor has a contractual or prospective contractual relationship does not extend to those entities who, regardless of relationship, do not have in place proper safeguards and procedures for receipt and handling of the sensitive information.
(e) The requirements of Paragraphs 2(a) and 2(b) above remain in effect as set forth and the contractor must receive approval for release to any entity not covered by the authority set forth above in Paragraph 2(c).
(f) Litigation: Should any information described in Paragraph 2(a) above be requested, subpoenaed, or otherwise sought by a court or other judicial or administrative authority, this request must be promptly brought to the attention of the NAVSUPWSS Contracting Officer to permit appropriate measures to be taken to protect the information. Under no circumstances should information, other than that authorized in Paragraph 2(a)(ii), be released to such authority without prior notification to, and approval from the NAVSUPWSS Contracting Officer.
(g) Survivability: The contractor agrees to perform this contract/purchase order in accordance with the requirements of this clause. The contractor shall obtain the approval of the NAVSUPWSS Contracting Officer prior to any release other than that authorized in Paragraphs 2(a)(ii) and 2(c). The requirements of this clause shall survive the subject contract/purchase order. The contractor shall not for a period of twenty (20) years subsequent to the issuance of the contract/purchase order either directly or indirectly issue any such release without the requisite approval of the NAVSUPWSS Contracting Officer, their successor(s) or assignee(s).
(h) Mandatory Passdown: The contractor shall include all provisions of this clause, including this sentence, in all sub-tier orders under this contract/purchase order. Sub-tier requests for authorization to release information shall be submitted through the contractor to the NAVSUPWSS Contracting Officer.

3. REPORTING:
(a) The contractor must report all incidents that affect security to the NAVSUPWSS Contracting Officer. Reportable incidents include any act that fails to comply with the contract/purchase order security requirements and has resulted in:
(i) a confirmed or suspected compromise (e.g., inadvertent release, exposure or loss) of U-NNPI,
(ii) a malicious code infection that successfully executed and impacted the security controls on any system,
(iii) confirmed or suspected incidents of fraud involving a system processing U-NNPI, and
(iv) intentional or unintentional public release via such methods as theft, improper disposal (e.g., material not shredded, disks lost), placement on a website, transmission via email, or violation of the information system containing U-NNPI.
(b) Contractors shall immediately report any attempts to elicit U-NNPI by unauthorized persons to the NAVSUPWSS Contracting Officer or to the local federal law enforcement agency.

REVISED 11-04-2015