Air

General Provisions

Firm Fixed-Price Flowdown Clauses - Non-Commercial Item Procurements

I. Definitions

As used throughout this Subcontract, the following terms shall have the meanings set forth below:

  • The Subcontract – This executed contractual agreement between Meta Special Aerospace, Air Operations and Meta Special Aerospace, Technical Services and Seller listing supplies/services to be furnished and the consideration, therefore.
  • Subcontract– The terms “subcontract’, “purchase order,” “order” and “agreement” are interchangeable and include any amendments or change orders.
  • Buyer or Contractor – The party purchasing the supplies/services (Meta Special Aerospace, Air Operations and Meta Special Aerospace, Technical Services).
  • Seller, Subcontractor or Vendor – The party that has entered into this subcontract with Meta Special Aerospace, Air Operations and Meta Special Aerospace, Technical Services.
  • Government – The United States of America or any department or agency thereof.
  • Head of Agency or Secretary – The Secretary, Under Secretary, Assistant Secretary, or any other head or assistant head of an executive or military department or other federal agency of the Government of the United States of America. The term “his duly authorized representative” means any person or persons or board (other than the Contracting Officer) authorized to act for the Head of the Agency or the Secretary.
  • Procuring Agency – The department of the Government having cognizance of the prime contract.
  • Contracting Officer – The person having cognizance on behalf of the Government of the Prime Contract and any other officer or civilian employee of the Government who is properly designated as the Contracting Officer of the procuring agency. The term includes, except as otherwise provided in this subcontract, any authorized representatives of such Contracting Officer acting within the limits of his authority.
  • Provision – Any part of this subcontract or attachment thereto including, but not limited to, any referenced or incorporated agreement, specification, documentation, data, or any clause(s) or part(s) or combination(s) thereof.
  • Buyer’s Subcontract Representative – Such associate(s) of the Buyer, as the Seller has received notice from the Buyer, as having authority to act for and in behalf of the Buyer.
II. Gratitude and Kickbacks

Seller warrants that neither it nor any of its employees, agents, or representatives have offered or given, or will offer or give, any gratuities to Buyer’s associates, agents or representatives for the purpose of securing this contract or securing favorable treatment under this contract.

The Anti-Kickback Act of 1986, as referenced in FAR 52.203-7, is hereby incorporated into this subcontract as a condition of acceptance. If you have reasonable grounds to believe that a violation, as described in paragraph (b) of FAR 52.203-7, may have occurred, you should report this suspected violation to Meta Special Aerospace, Air Operations and Meta Special Aerospace, Technical Services Ethics Hotline at ethics@msa.meta.aero. You may report a suspected violation anonymously.

III. Notice to Buyer of Labor Disputes

Whenever Seller has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this contract, Seller shall immediately give notice thereof, including all relevant information, to Buyer.

IV. GOVERNMENT CLAUSES

The clauses in FAR Subpart 52.2 and DFARS 252.2 referenced below, in effect on the date of this Subcontract, are incorporated herein and made a part of this Subcontract. To the extent that an earlier version of any such clause is included in the Prime Contract or Subcontract under which this Subcontract is issued, the date of the clause as it appears in such Prime Contract or Subcontract shall be controlling and said version shall be incorporated herein.

In all such clauses, unless the context of the clause requires otherwise, the term “Contractor” shall mean Seller, the Term “Contract” shall mean this Subcontract, and the terms “Government”, “Contracting Officer” and equivalent phrases shall mean Buyer and Buyer’s Procurement Representative, respectively. It is intended that the referenced clauses shall apply to Seller in such manner as is necessary to reflect the position of Seller as a subcontractor to Buyer, to insure Seller’s obligations to Buyer and to the United States Government, and to enable Buyer to meet its obligations under its Prime Contract or Subcontract.

V. Federal Acquisition Regulation (FAR) clauses:

The following clauses are applicable to this Subcontract as required by FAR and DFARS:

Clause No. | Title of Clause

52.203-6 and Alt. I Restrictions on Subcontractor Sales to the Government (Sep 2006)
52.203 7 AntiKickback Procedures (MAY 2014)
52.203-10 Price or Fee Adjustment for illegal or Improper Activity (MAY 2014)
52203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT 2010)
52.203-13 Contractor Code of Business Ethics and Conduct (OCT 2015)
52.203-14 Display of Hotline Poster(s) (OCT 2015)
52.204-2 Security Requirements (AUG 1996)
52.208 8 Required Sources for Helium and Helium Usage Data (APR 2014)
52.211-5 Material Requirements (AUG 2000)
52.211-15 Defense Priority and Allocation Requirement (APR 2008)
52.215 2 Audit and Records Negotiation, Alternate I (OCT 2010)
52.215 12 Subcontractor Certified Cost or Pricing Data (OCT 2010)
52.215 13 Subcontractor Certified Cost or Pricing Data – Modifications (OCT 2010)
52.215 14 Integrity of Unit Prices (OCT 2010)
52.215 15 Pension Adjustments and Asset Reversions (OCT 2010)
52.215-16 Facilities Capital Cost of Money (JUN 2003)
52.215-17 Waiver of Facilities Capital Cost of Money (OCT 1997)
52.215-18 Reversion or Adjustment of Plans for Postretirement. Benefits (PRB) Other than Pensions (JUL 2005)
52.215-19 Notification of Ownership Changes (OCT 1997)
52.219 8 Utilization of Small Business Concerns (OCT 2014)
52.219 9 Small Business Subcontracting Plan (OCT 2015)
52.222 4 Contract Work Hours and Safety Standards – Overtime Compensation (MAY 2014)
52.222-21 Prohibition of Segregated Facilities (APR 2015)
52.222 26 Equal Opportunity (APR 2015)
52.222 35 Equal Opportunity for Veterans (SEP 2010)
52.222-36 Equal Opportunity for Workers with Disabilities (JUL 2014)
52.222 37 Employment Reports on Veterans (FEB 2016)
52.222-41 Service Contract Labor Standards (MAY 2014)
52.223-7 Notice of Radioactive Materials (JAN 1997)
52.224-2 Privacy Act (APR 1984)
52.225-8 Duty Free Entry (OCT 2010)
52.225-13 Restriction on Certain Foreign Purchases (JUN 2008)
52.227-1 Authorization and Consent (DEC 2007)
52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007)
52.227-3 Patent Indemnity Alternate III (APR 1984)
52.227-9 Refund of Royalties (APR 1984)
52.227-10 Filing of Patent Applications – Classified Subject Matter (DEC 2007)
52.227-11 Patent Rights – Ownership by the Contractor (MAY 2014)
52.227 13 Patent Rights – Ownership by the Government (DEC 2007)
52.227 14 Rights in Data General (MAY 2014)
52.227 23 Rights to Proposal Data (Technical) (JUN 1987)
52.228 3 Workers’ Compensation Insurance (Defense Base Act) (JUL 2014)
52.228-5 Insurance – Work on a Government Installation (JAN 1997)
52.228-7 Insurance – Liability to Third Persons (MAR 1996)
52.229-10 State of New Mexico Gross Receipts and Compensating Tax (APR 2003)
52.232 16 Progress Payments (APR 2012)
52.234-1 Industrial Resources Developed Under Defense Production Act Title III (DEC 1994)
52.236-13 Accident Prevention (NOV 1991)
52.237 7 Indemnification and Medical Liability Insurance (JAN 1997)
52.237-9 Waiver of Limitation on Severance Payments to Foreign Nationals (MAY 2014)
52.243-1 Changes – Fixed Prices (Aug 1987)
52.245-2 Government Property Installation Operation Services (APR 2012)
52.247-3 Capability to Perform a Contract for the Relocation of a Federal Office and Alternate I (FEB 2006)
52.247-63 Preference for U.S.-Flag Air Carriers (JUN 2003)
52.247 64 Preference for Privately Owned U.S. Flag Commercial Vessel (FEB 2006)
52.248-1 Value Engineering (OCT 2010)

Clause No. & DFARS Reference | Title of Clause

252.203-7001 Prohibition on Persons Convicted of Fraud or other Defense-Contract- Related Felonies (DEC 2008)
252.204-7000 Disclosure of Information (AUG 2013)
252.204-7012 Safeguarding Covered Defense information and Cyber Incident Reporting (Applies only when Subcontractor will have access to CDI)
252.208-7000 Intent to Furnish Precious Metals as Government-Furnished Material (DEC 1991)
252.211-7000 Acquisition Streamlining (OCT 2010)
252.219-7003 Small Business Subcontracting Plan (DoD Contracts) (MAR 2016)
252.222-7000 Restrictions on Employment of Personnel (MAR 2000)
252.223-7002 Safety Precautions for Ammunition and Explosives (MAY 1994)
252.223-7006 Prohibition on Storage, Treatment and Disposal of Toxic and Hazardous Materials Alt. I (SEP 2014)
252.225-7014 Reserved
252.225-7016 Restrictions on Acquisition of Ball and Roller Bearings (JUN 2011)
252.225-7019 Restriction on Acquisition of Anchor and Mooring Chain (DEC 2009)
252.225-7025 Restriction on Acquisition of Forgings (DEC 2009)
252.225-7032 Waiver of United Kingdom Levies-Evaluation of Offers (APR 2003)
252.225-7037 Evaluation of Offers for Air Circuit Breakers (JUN 2005)
252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (SEP 2004)
252.227-7013 Rights in Technical Data – Noncommercial Items (FEB 2014)
252.227-7014 Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation (FEB 2014)
252.227-7016 Rights in Bid or Proposal Information (JAN 2011)
252.227-7018 Rights in Noncommercial Technical Data and Computer Software-Small Business Innovation Research (SBIR) Program (FEB 2014)
252.227-7019 Validation of Asserted Restrictions – Computer Software (SEP 2011)
252.227-7033 Rights in Shop Drawings (APR 1966)
252.227-7037 Validation of Restrictive Markings on Technical Data (JUN 2013)
252.228-7005 Accident Reporting and Investigation Involving Aircraft, Missiles and Space Launch Vehicles (DEC 1991)
252.229-7004 Status of Contractor as a Direct Contractor (Spain) (JUN 1997)
252.235-7002 Animal Welfare (DEC 2014)
252.235-7003 Frequency Authorization (MAR 2014)
252.239-7016 Telecommunications Security Equipment, Devices, Techniques, and Services (DEC 1991)
252.244-7000 Subcontracts for Commercial Items and Commercial Components (DoD Contracts) (JUN 2013)
252.247-7023 Transportation of Supplies by Sea (APR 2014)
252.247-7024 Notification of Transportation of Supplies by Sea (MAR 2000)
252.249-7002 Notification of Anticipated Contract Termination or Reduction (OCT 2015)