Integrated Defense Systems - The Purchasing System - St. Louis, MO
Special Purchase Order Condition (SPOC)

DATA SPOCS

SPOC: 5502

REVISION DATE: 4-22-03
If requested, Seller shall provide financial data, on a quarterly basis, or as requested, to The Boeing Corporate Credit Office for credit and financial condition reviews. Such data shall include but not be limited to, Balance Sheets, schedules of accounts payable and receivable, major lines of credit, creditors, Statements of Income (profit and loss), Statements of Cash Flow, firm backlog and head count. Copies of such data are to be made available within 72 hours of any written request by Boeing's Corporate Credit Office. All such information shall be treated as confidential.

SPOC: 5503

REVISION DATE: 01-24-96
Discrepancies, omissions, need for clarification or interpretation of any nature, encountered by Seller in MDC furnished drawings or engineering data, will be brought to attention of the MDC Purchasing Representative for resolution prior to commencement of metal cutting. In the event no response is received from MDC within ten (10) days of the date of notification, Seller will repeat its request for disposition.

SPOC: 5506

REVISION DATE: 01-24-96 1-29-03
Pursuant to DFARS 252.227-7017(c), the Seller shall, within sixty (60) days after award of this contract, identify in writing by name or title the person(s) having the final responsibility within the Seller's organization for determining whether restrictive markings are to be placed on technical data to be delivered under thiscontract. The notification shall include the applicable MDC contract and prime contract numbers and be sent to supplier data control section of the purchasing department. If this contract is placed under a DAR prime contract the above reference is changed to DAR 7-104.9(p),(c).

SPOC: 5509

REVISION DATE: 01-24-96 12-20-99
Restrictive markings on technical data required to be delivered hereunder shall be in accordance with the provisions of DFARS 252.227-7013 "Rights in Technical Data - Noncommercial Items." The Seller shall have, maintain and follow a written procedure to assure proper usage of restrictive markings as directed by DFARS 252.227-7017. The Seller shall notify supplier data control section of the purchasing department within six (6) months after awardof this contract, of the document number or other identification of the procedure used to apply restrictive markings on data required hereunder. Upon request, the Seller shall furnish a copy of the written procedure to the government for evaluation or verification purposes. If this contract is placed under a DAR prime contract, the above references are changed to DAR 7-104.9(a) and DAR 7-104.9(p).

SPOC: 5515

REVISION DATE: 01-24-96
References in this contract to such MCAIR documents as the ProcurementSpecification (PS), Seller's Data Requirements List (SDRL), Subcontractor Data Catalog (Report MDC A3660), Management RequirementsGeneral (Report MDC A3368/A3369) etc., shall mean the latest release dates and/or revision letters which have been incorporated in Special Condition 7551 and/or 9803 for such documents.

SPOC: 5515A

REVISION DATE: 01-24-96
References in this contract to such MCAIR documents as the ProcurementSpecification (PS), Seller's Data Requirements List (SDRL), Subcontractor Data Catalog (Report MDC A5235), Management RequirementsGeneral (Report MDC A5236) etc., shall mean the latest release dates and/or revision letters which have been incorporated in Special Condition 7551 and/or 9803 for such documents.

SPOC: 5517

REVISION DATE: 01-24-96
Seller may be required to submit a certificate of technical data conformity in accordance with and in the form set forth in DFARS 252.227-7036. The Seller is referred to the SDRL incorporated in this contract to determine the circumstances and details under which such certification is required.

SPOC: 5517A

REVISION DATE: 01-24-96
Seller will be required to submit a certificate of technical data conformity in accordance with and in the form set forth in DFARS 52.227-7036. Data submitted pursuant to SDRL item E56.02 requires cerification at the time of each submittal thereunder.

SPOC: 5517B

REVISION DATE: 01-24-96
Seller shall submit a completed certificate of technical data conformity in accordance with and in the form set forth in DFARS 252.227-7036. The Certificate of Technical Data Conformity is required concurrent with the submittal of each Mil-Spec Technical Order Issue procured under this contract.

SPOC: 5517C

REVISION DATE: 01-24-96
Seller is required to submit a Certificate of Technical Data Conformity (Ref. DFARS 252.227-7036) using the following format: "The Contractor, (Company Name), hereby certifies that, to the best of it's knowledge and belief, the technical data delivered herwith under contract no. (Purchase order number) is complete, accurate, and complies with all requirements of this contract." This written certification shall be dated and the certifying official (identified by name and title on each certification) shall be duly authorized to bind the contractor by this certification. If the technical data to be delivered (eg. E56.02) is to be shipped direct to the U. S. Government, the contract number shown on the certification shall be the prime contract number shown in special condition 0306 of this purchase order. The following data items require certification: (Consult the Seller Data Requirements List (SDRL) or Seller Data List (SDL) of this purchase order to determine if any of the Data Items listed below will be delivered under this Purchase Order) E-11.05 E-59.05 E-11.07 E-66.01 E-56.02 E-66.06 E-56.03 E-66.63 E-56.04 E-66.64 E-56.05 E-66.65 E-56.06 This certification applies only to the new or changed data to be delivered under this Purchase Order and shall not extend to previously submitted data or public domain data.

SPOC: 5517D

REVISION DATE: 01-24-96 
**** OBSOLETE SPOC **** SPOC IDENTIFIED AS OBSOLETE ON 11-11-94
Seller shall submit a certificate of technical data conformity in accordance with and in the form set forth in DFARS 252.227-7036.

SPOC: 5522A

REVISION DATE: 01-24-96 
**** OBSOLETE SPOC **** SPOC IDENTIFIED AS OBSOLETE ON 02-17-95
Seller shall provide the required notification required by DFARS 252.227-7013 (j) and (k) on the form contained in

SPOC: 5533

REVISION DATE: 01-24-96
Seller will process and submit Foreign Receiving Reports (MDC Form 284C) for any and all vendor retained test units produced under this contract before invoices for such units will be paid by MDC.

SPOC: 5536

REVISION DATE: 01-24-96
The clause in effect on the date of this contract entitled "Patent Rights - Retention by the Contractor (Long Form)" DAR 7-302.23(B), excluding paragraph (h) thereof, or FAR 52.227-12, excluding paragraph (o) thereof, "Contractor" meaning "Seller" and "Contract" meaning this contract, is incorporated herein by reference.

SPOC: 5536A

REVISION DATE: 01-24-96
The following sentence is added to the end of paragraph (b) of the basic clause: The agency reserves the right to unilaterally amend this contract to identify specific treaties or international agreements entered into or to be entered into by the Government after the effecive date of this contract and effectuate those license or other rights which are necessary for the Government to meet its obligations to foreign governments, their nationals, and international organizations under such treaties or international agreement with respect to subject inventions made after the date of the amendment. Seller agrees to accept a change to this contract if MDC receives a change pursuant to the above clause which is included in its prime contract.

SPOC: 5540

REVISION DATE: 01-24-96 
**** OBSOLETE SPOC **** SPOC IDENTIFIED AS OBSOLETE ON 10-21-98
Should this contract require Seller to create Support Equipment of the nature of hand tools needed to assemble or disassemble Seller's equipment for maintenance or repair operations, Seller agrees that drawings, process specifications and other necessary technical data required to allow another source to manufacture such Support Equipment will be provided upon demand by Buyer at no additional cost with unlimited rights in data as defined in DFARS 252.227-7013. Also, Seller understands and agrees that such data may be used to competitively obtain such Support Equipment from Small/Small Disadvantaged Business (S/SDB) concerns. Buyer will invoke restrictions for the benefit of the Seller on the S/SDB concerns to limit further disclosure or use of Seller's information by the S/SDB concern. Buyer shall have no duty to protect Seller's information besides this duty and it shall be Seller's duty to enforce, by whatever means available to Seller, the protection obtained by Buyer for Seller.

SPOC: 5543

REVISION DATE: 01-24-96 7-30-02
Seller will furnish catalog data and/or specifications and drawings for MDC receiving inspection with the initial shipment of the goods ordered hereunder.

SPOC: 5545

REVISION DATE: 01-24-96
(A) Until MDC has received and approved all of the Seller's prototype/preproduction development test reports, reliability development test reports, maintainability demonstration test reports, reliability demonstration test reports and the remaining laboratory demonstration test reports, and until Seller's equipment has successfully demonstrated compatibility with the GSE(automatic test equipment) VAST as required by the procurement specification and Management Requirements General in the applicable prior MDC contract, MDC will withhold twenty (20) percent of payments otherwise due Seller. (B) MDC will attempt to either approve or disapprove such test reports within no more than forty-five (45) days after receipt. MDC will make final payment of the amounts withheld immediately after final approval without change of the aforesaid test reports provided that there has been successful demonstration of compatibility between Seller's equipment and the GSE (automatic test equipment) VAST. In the event MDC fails to either approve, with or without change, or disapprove the aforesaid test reports within the forty-five (45) day period, and if the Seller's equipment has successfully demonstrated compatibility with the GSE (automatic test equipment) VAST, MDC will make final payment of the amounts so withheld but such payment shall not be construed as MDC's approval of the test reports. (C) Notwithstanding Paragraph (B) above, if Seller's test reports are not approved or disapproved by MDC within the forty-five (45) day period due to MDC's need to obtain government approval of any one or more of such test reports, MDC will not be obligated to make final payment of the amounts withheld until such government approval has been obtained. Moreover, under such circumstance, failure on the part of MDC to approve or disapprove Seller's test reports within the forty-five (45) day period shall not be construed as MDC's approval of the test reports. (D) Pending submission of and approval by MDC of such test reports and successful demonstration of compatibility between Seller's equipment and the GSE (automatic test equipment) VAST, Seller will proceed with the manufacture of equipment/items to the MDC required schedule of this contract.

SPOC: 5551

REVISION DATE: 01-24-96
The following contract number for technical data should be placed in small type, just beneath the equipment designation block on the title page,

SPOC: 5554

REVISION DATE: 01-24-96
Upon completion of this contract, Seller will forward to MDC, with multiple copies as indicated below, a list of all residual inventory. Such list will be prepared on the applicable Government Inventory Schedule, SF 1426, SF 1428, SF 1430, or SF 1432, and will include a list of items to be transferred to follow-on contracts. If this contract is placed under the provisions of a FAR prime contract, the above references are changed to Form DD542, DD 543, DD 544, and DD545.The number of copies required for NASA contracts is 30, for USAF 20, and for USN 20.

SPOC: 5557

REVISION DATE: 01-24-96 
**** OBSOLETE SPOC **** SPOC IDENTIFIED AS OBSOLETE ON 10-21-98
Seller is directed to list item(s) considered non-repairable or uneconomical to repair on inventory schedule, SF 1453/DD Form 540, and submit to the MDC Purchasing Representative for disposition instructions.

SPOC: 5560

REVISION DATE: 01-24-96 
**** OBSOLETE SPOC **** SPOC IDENTIFIED AS OBSOLETE ON 07-18-95
Failure analysis report shall be forwarded in accordance with requirements under which the equipment was originally purchased. Seller will forward one reproducible failure analysis report to the attention of the MAC Reliability Engineering Department-261 within 14 days after date of the letter accompanying equipment returned under this contract. If such report is not forwarded within 14 days, Sellerwill advise MAC of the expected delivery date.

SPOC: 5563

REVISION DATE: 01-24-96
(A) Until MDC has received and approved all of the Seller's prototype/ preproduction development test reports, reliability development test reports, maintainability demonstration test reports, reliability demonstration test reports, and the remaining laboratory demonstration test reports, and until Seller's equipment has successfully demonstrated compatibility with the GSE (automatic test equipment) VAST as required by the procurement specification and Management Requirements General, MDC will withhold twenty (20) percent of payments otherwise due Seller. (B) MDC will attempt to either approve or disapprove such test reports within no more than forty-five (45) days after receipt. MDC will make final payment of the amounts withheld immediately after final approval without change of the aforesaid test reports provided that there has been successful demonstration of compatibility between seller's equipment and the GSE (automatic test equipment) VAST. In the event MDC fails to either approve, with or without change, or disapprove the aforesaid test reports within the forty-five (45) day period, and if the Seller's equipment has successfully demonstrated compatibility with the GSE (automatic test equipment) VAST, MDC will make final payment of the amounts so withheld, but such payment shall not be construed as MDC's approval of the test reports. (C) Notwithstanding Paragraph (B) above, if Seller's test reports are not approved or disapproved by MDC within the forty-five (45) day period due to MDC's need to obtain government approval of any one or more of such test reports, MDC will not be obligated to make final payment of the amounts withheld until such government approval has been obtained. Moreover, under such circumstance, failure on the part of MDC to approve or disapprove Seller's test reports within the forty-five (45) day period shall not be construed as MDC's approval of the test reports. (D) Pending submission of and approval by MDC of such test reports and successful demonstration of compatibility between Seller's equipment and the GSE (automatic test equipment) VAST, Seller will proceed with the manufacture of equipment/items to the MDC required schedule specified herein. Successful completion of the aforesaid tests and submission of acceptable test reports are to be accomplished by the Seller in accordance with the following schedule - Schedule Date of Submittal Prototype/Preproduction Development Test Reports Reliability Development Test Reports Laboratory Demonstration Test Reports /except for reliability demonstration test reports/ Maintainability Demonstration Test Reports Reliability Demonstration Test Reports

SPOC: 5566

REVISION DATE: 01-24-96 
**** OBSOLETE SPOC **** SPOC IDENTIFIED AS OBSOLETE ON 09-30-92
The clause in effect on the date of this contract entitled "Patent Rights - Acquisition by the Government" FAR 52.227-13/DAR 7-302.23(a),excluding paragraph (h) thereof, "Contractor" meaning "Seller" and "Contract" meaning this contract, is incorporated herein by reference.

SPOC: 5570

REVISION DATE: 4-30-02 5-21-02
(a) All technical work product, including ideas, information, data, documents, drawings, software, software documentation, designs, specifications and processes produced by or for Seller, either alone or with others, using funds paid by Buyer under this contract will be the exclusive property of Buyer and will be delivered to Buyer promptly upon request. (b) All inventions conceived, developed or first reduced to practice by or for Seller, either alone or with others, using funds paid by Buyer under this contract, and any patents based on any such inventions will be the exclusive property of Buyer. Seller will (i) promptly disclose all such inventions to Buyer in writing and (ii) execute all papers, cooperate with Buyer and perform all acts necessary in connection with the filing, prosecution or assignment of related patents or patent applications on behalf of Buyer. (c) All works of authorship, including documents, drawings, software, software documentation, photographs, videotapes, sound recordings and images, created by or for Seller using funds paid by Buyer under this contract, together with all copyrights subsisting therein, will be the sole property of Buyer. To the extent permitted under United States copyright law, all such works will be works made for hire, with the copyrights therein vesting in Buyer. The copyrights in all other such works that fall under this paragraph, including the exclusive rights therein, will be promptly transferred and formally assigned free of charge to Buyer. (d) Seller grants to Buyer, and to Buyer's subcontractors and customers in connection with work being performed for Buyer, an irrevocable, nonexclusive, paid-up, worldwide license under any patents, copyrights, industrial designs and mask works owned or controlled by Seller at any time and existing prior to or during the term of this contract, but only to the extent that such patents or copyrights would otherwise interfere with Buyer's or Buyer's subcontractors', suppliers' or customers' use or enjoyment of the goods being delivered under this contract or the work product, inventions or works of authorship belonging to Buyer under this contract. (e) Seller grants to Buyer a perpetual, nonexclusive, paid-up, world- wide license to reproduce, distribute copies of, perform publicly, display publicly and make derivative works from software included in or provided with or for the goods delivered under this contract (Software) and related information and materials (Software Documentation) as reasonably required by Buyer in connection with (i) the testing, certification, use, sale or support of a product or the manufacture, testing, certification, use, sale or support of any item including and/or utilizing the goods delivered under this contract or (ii) the design or acquisition of hardware or software intended to interface with Software. The license granted to Buyer includes the right to grant sublicenses to its customers as reasonably required in connection with customers' operation, maintenance, overhaul and modification of any item including and/ or utilizing Software. All copies and derivative works made pursuant to the foregoing license or any sublicense to a customer will automatically become the property of Buyer or customer, and Buyer agrees to preserve Seller's copyright notice thereon to the extent that such notice was included with the original Software and/or Software Documentation. Seller acknowledges that Buyer is the owner of all copies of Software and Software Documentation provided to or made by Buyer or customers pursuant to this contract, and Seller authorizes Buyer and customers to dispose of, and to authorize the disposal of, the possession of any such copies by rental, lease or lending or by any act in the nature of rental, lease or lending. (f) To the extent this article conflicts with any government contract clause incorporated by reference into this contract, the incorporated clause shall govern.

SPOC: 5572

REVISION DATE: 01-24-96 
**** OBSOLETE SPOC **** SPOC IDENTIFIED AS OBSOLETE ON 10-21-98
The clause entitled "Patent Rights (Long Form)", 41 CFR 9-9.107-5(A) in effect as of the date of this contract is incorporated herein by reference.

SPOC: 5575

REVISION DATE: 01-24-96
The clause in effect on the date of this contract entitled "Patent Rights - Retention by the Contractor (Short Form) FAR 52.227-11, if this is a FAR contract, or "Patent Rights - Small Business Firm or Domestic Nonprofit Organization" DAR 7-302.23(H) if this is a DAR contract, is incorporated herein by reference.

SPOC: 5578

REVISION DATE: 01-24-96
The item returned hereunder requires immediate failure analysis and submittal of E50/E51, Q2 data (Clear From C). E50/E51 Q2 data shall be completed in accordance with McAir Report A4150 and submitted to: McDonnell Aircraft Company P.O. Box 516 St. Louis, MO 63166-0516 Attention: F-15 Data Management Dept. 756G, Bldg. 101/1/C52 M/C 1061746

SPOC: 5580

REVISION DATE: 01-24-96
The clause in effect on the date of this contract entitled "New Technology" NASA FAR Sup (NFS) 18.52.227-70 is incorporated herein by this reference. As used therein, the term "Contract" shall mean this contract and "Contractor" shall mean Seller.

SPOC: 5584

REVISION DATE: 01-24-96
(A) If technical data specified to be delivered under this contract is not delivered with the time specified by this contract, or is deficient upon delivery, including having restrictive markings not specifically authorized by this contract, MDC may, until such data is accepted by MDC, withhold payment to the Seller of ten (10) per cent of the total contract price. Payments shall not be withheld nor any other action taken pursuant to this clause when the Seller's failure to make timely delivery or to deliver such data without deficiencies arises out of causes beyond the control and without the fault or negligence of the Seller. (B) After payments total ninety (90) percent of the total contract price or amount and if all technical data specified to be delivered has not been accepted, MDC may withhold from further payment such sum as MDC considers appropriate, not exceeding ten (10) percent of the total contract price or amount. (C) The withholding of any amount of subsequent payment to the Seller shall not be construed as a waiver of any rights accruing to MDC or the government under this contract.

SPOC: 5585

REVISION DATE: 01-24-96 03-26-96 8-3-98 12-20-99
The Department of Defense Federal Acquisition Regulation Supplement (DFARS) clauses pertaining to technical data and computer software, incorporated in Section B of the Government Contracts article of the General Terms and Conditions of this purchase order are hereby deleted and replaced by the following clauses: 1. DFAR 252.227-7013 Rights in Technical Data - Noncommercial Items (Nov. 1995). "Contractor" means "Seller." This clause applies only if the delivery of Noncommercial Technical Data is required. 2. DFAR 252.227-7014 Rights in Noncommercial Computer Software and Noncommercial Software Documentation (June 1995). "Contractor" means "Seller." This clause applies only if the delivery of computer software or computer software documentation is required. 3. DFAR 252.227-7015 Technical Data - Commercial Items (Nov 1995). "Contractor" means "Seller." This clause applies if the delivery of technical data pertaining to commercial items, components or processes is required. 4. DFAR 252.227-7016 Rights in Bid or Proposal Information (June 1995). "Contractor" and "Offeror" mean "Seller." This clause applies only if DFAR 252.227-7013 Rights in Technical Data - Noncommercial Items or DFAR 252.227-7014 Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation applies. 5. DFAR 252.227-7017 Identification and Assertion of Use, Release or Disclosure Restrictions (June 1995). "Contractor" and "Offeror" mean "Seller." This clause applies only if DFAR 252.227-7013 Rights in Technical Data - Noncommercial Items or DFAR 252.227-7014 Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation applies. 6. DFAR 252.227-7019 Validation of Asserted Restrictions - Computer Software (June 1995). "Contractor" means "Seller." This clause applies only if DFAR 252.227-7014 Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation applies. 7. DFAR 252.227-7026 Deferred Delivery of Technical Data and Computer Software (April 1988). This clause applies only if the delivery of technical data or computer software is required. 8. DFAR 252.227-7027 Deferred Ordering of Technical Data or Computer Software (April 1988). This clause applies only if technical data or computer software may be generated as part of the performance of the contract. 9. DFAR 252.227-7030 Technical Data - Withholding of Payment (Oct 1988). "Government" and "Contracting Officer" mean MDC. This clause applies only if the delivery of data is required under the contract. 10. DFAR 252.227-7037 Validation of Restrictive Markings on TechnicalData (Sep 1999). This clause applies only if at least one of the fol-lowing clauses applies: DFAR 252.227-7013 Rights in Technical Data - Noncommercial Items or DFAR 252.227-7014 Rights in Noncommercial Com- puter Software or Noncommercial Computer Software Documentation.

SPOC: 5586

REVISION DATE: 2-25-98
The clause at DFAR 252.227-7036, Declaration of Technical Data Conformity, (Jan. 1997), is hereby incorporated by reference. Contractor shall mean Seller.

SPOC: 5588

REVISION DATE: 01-24-96
The Department of Defense Federal Acquisition Regulation Supplement (DFARS) clauses pertaining to technical data and computer software, incorporated in Section B of the General Terms and Conditions of this purchase order are deemed to have the effectivity date as set forth below: (A) DFAR 252.227-7013 Rights in Technical Data and Computer Software (Oct 1988). (B) DFAR 252.227-7018 Restrictive Markings on Technical Data (Oct 1988). (C) DFAR 252.227-7019 Identification of Restrictive Rights Computer Software (April 1988). (D) DFAR 252.227-7026 Deferred Delivery of Technical Data or Computer Software (Apri 1988). (E) DFAR 225.227-7027 Deferred Ordering of Technical Data or Computer Software (April 1988). (F) DFAR 252.227-7030 Technical Data - Withholding of Payment (Oct 1988). (G) DFAR 252.227-7037 Validation of Restrictive Markings on Technical Data (April 1988).