BAE Systems Inc. — General Clauses for Commercial Goods and/or Services under a U.S. Government DoD Prime Contract

Its 6 clauses can ask you for 15 things.

1. A program you have to be running4e.g. A system of internal controls that manages the Government property in your shop FAR 52.245-1(b)(1)

   You are either running it or you are not, and what the prime asks for is the date it started.

   • Reasonable procedures in place and in use to prevent and detect kickbacks in your own operations and in your direct business relationships

     FAR 52.203-7(c)(1)

   • A system of internal controls that manages the Government property in your shop — control, use, preservation, protection, repair and maintenance

     FAR 52.245-1(b)(1)

   • A documented counterfeit electronic part detection and avoidance program covering the twelve areas the clause lists — training, inspection and testing, traceability, quarantine, and reporting among them

     DFARS 252.246-7007(c)

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   • A purchasing process that goes to the original manufacturer or its authorized supplier first, then to a supplier you have approved, and a documented route for the times neither is available

     DFARS 252.246-7008(b)
2. Something you write9e.g. Lot-level traceability from the original manufacturer forward DFARS 252.246-7008(c)

   Days to weeks, and nobody outside your company has to agree to it.

   • A written report to the agency Inspector General, or to the Attorney General where the agency has none

     Owed promptly on reasonable grounds to believe a kickback described in (b) may have occurred

     FAR 52.203-7(c)(2)

   • Property records for everything accountable to the order, carrying the data elements the clause names

     FAR 52.245-1(f)(1)(iii)

   • Physical inventories performed, recorded and disclosed on a stated cycle

     FAR 52.245-1(f)(1)(iv)

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   • A report on every loss of Government property, recognized, investigated and disclosed

     FAR 52.245-1(f)(1)(vii)

   • A written disclosure with the technical detail, the contract it was made under, and any publication, sale or public use named

     Owed when an inventor reports a subject invention in writing — two months from that report, or six months from when you first became aware of it, whichever is earlier

     252.227-7038(c)(1)

   • Written agreements binding your technical employees to report promptly what they invent

     Owed when you employ anyone other than clerical and nontechnical staff on the work — without it the disclosure deadline cannot be met

     252.227-7038(e)(2)(i)

   • Utilization reports — status of development, first commercial sale or use, gross royalties received

     Owed when the agency requests them, no more often than annually

     252.227-7038(f)(1)

   • Lot-level traceability from the original manufacturer forward, and where it cannot be established, the inspection and test records that stand in its place

     DFARS 252.246-7008(c)

   • A documented statement to the buyer that the electronic parts supplied are new or previously unused

     Owed when the order makes that statement the condition for setting aside the notification, inspection, testing and authentication actions at (b)(3)(ii) — the BlueForge purchase order does exactly that

     DFARS 252.246-7008
3. Something you fill in and send back2e.g. A report FAR 52.204-30(c)(3)

   Hours, once you know which one is missing.

   • A report — contract number, product or service name, the covered article or the source, the vendor, brand, model number and item description — with mitigation detail and prevention steps within 10 business days after it

     Owed when you identify a covered article or a prohibited source in what you furnish or will furnish — the first report is due within three business days of that

     FAR 52.204-30(c)(3)

   • The instruments that confirm the Government's rights, or assign title, executed and delivered to the agency

     Owed when you elect to keep ownership of a subject invention, or the agency requests title under (d)(1)

     252.227-7038(e)(1)