SUPPLIER MANAGEMENT CUSTOMER CONTRACT REQUIREMENT (CCR) Boeing Defence UK Limited (BDUK), a wholly owned subsidiary of The Boeing Company (TBC) Issue date of CCR: 27 March 2018 Program Name: Prime Contract reference: Customer: Administered by: Prime Contract type: United Kingdom Long Term Training and Support Service for Apache AH-64E AHCSP/0005 UK Ministry of Defence (UK MoD) UK Ministry of Defence (UK MoD) United Kingdom of Great Britain and Northern Ireland Prime Contract, awarded to Boeing Defence UK Limited (BDUK). Prime Contract funding: TBC Contract award is anticipated July 2020. BDUK Commercial Representative: CCR prepared by: Jose Diment Jon Thornton, BDUK Risk Management & Systems Integrity Patricia Dickson, BDUK Procurement Agent General: This CCR sets forth the required contract provisions as flowed by the Customer for the above referenced Prime Contract. Before finalising any purchase contracts with suppliers, procurement agents should review the details of this document and conjunction with the contract terms and conditions (i.e. Boeing UK General Provisions (UKGPs), Supplier Terms and Conditions) for their procurement, to ensure compliance with the requirements of this CCR. This CCR is drafted to show all the provisions of the prime contract that Boeing are required to comply with, and where there could be a significant risk to the company should we allow a supplier to deviate from the instruction. How to use this document: When flowing this CCR to any suppliers, only Paras 1 through 4 should be copied externally. The header information must not be transmitted, and is for internal information and reference only. It should also be communicated to all suppliers that the contents of this CCR are mandatory requirements of the Customer and are not negotiable. Procurement Agent should be aware that, as long as the UKGP document remains unamended when agreeing a contract with a supplier, then nothing beyond the list of DEFCONS and the narrative information below should be required to enable compliance with the full CCR. Page 1 of 6
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Contents 35T1. UK MoD Defence Conditions (DEFCONs)35T... 4 35T2. Co-Operation for Security Investigation35T... 5 35T3. Government Reciprocal Audit Arrangement35T... 6 35T4. UK MoD Defence Forms (DEFFORMs)35T... 6 Page 3 of 6
1. UK MoD Defence Conditions (DEFCONs) The following contract clauses have been identified as being additional requirements to those risks and obligations transferred within an unamended version of the Boeing Defence UK Limited general Terms and Conditions (UKGPs). The DEFCONs listed below are incorporated by reference from the United Kingdom Ministry of Defense (UK MoD) and apply to the extent indicated. The full DEFCON narrative can be found at https://www.aof.mod.uk/aofcontent/tactical/toolkit/content/defcons/defcon.htm. In all of the following DEFCON clauses Authority shall mean Boeing or Buyer or the like and any reference to Supplier, or Contractor shall mean Seller, except for those DEFCONs indicated to the contrary by an asterisk (*) where the Authority shall mean the UK MoD. DEFCON 16 (Edn 10/04) Repair and Maintenance Information DEFCON 21 (Edn 10/04) Retention of Records DEFCON 23 (Edn 08/09) Special Jigs, Tooling and Test Equipment DEFCON 68 (Edn 02/17) Supply of Data for Hazardous Articles, Materials and Substances DEFCON 76 (Edn 12/06) Contractor s Personnel at Government Establishments DEFCON 82 (Edn 11/16) Special Procedures for Initial Spares DEFCON 117 (Edn 10/13) Supply of Information For NATO Codification and Defence Inventory Introduction DEFCON 129 (Edn 11/16) Packaging (For Articles Other Than Munitions) DEFCON 501 (Edn 05/17) Definitions and Interpretations DEFCON 502 (Edn 05/17) Specification Changes DEFCON 507 (Edn 10/98) Delivery DEFCON 534 (Edn 06/17) Subcontracting and Prompt Payment DEFCON 539 (Edn 08/13) Transparency DEFCON 550 (Edn 02/14) Child Labour and Employment Law DEFCON 595 (Edn 02/16) General Purpose Automatic Test Equipment Data Requirement DEFCON 608 (Edn 10/14) Access and Facilities to be provided By the Contractor DEFCON 611 (Edn 02/16) Issued Property Page 4 of 6
DEFCON 619A (Edn 09/97) Customs Duty Drawback DEFCON 624 (Edn 11/13) Use of Asbestos DEFCON 632 (Edn 08/12) Third Party Intellectual Property Rights and Restrictions DEFCON 637 (Edn 05/17) Defect Investigation and Liability DEFCON 644 (Edn 05/17) Marking of Articles DEFCON 647 (Edn 09/13) Financial Management Information DEFCON 658 (Edn 10/17) Cyber Security DEFCON 659A (Edn 02/17) Security Measures DEFCON 660 (Edn 12/15) Official-Sensitive Security Requirements DEFCON 684 (Edn 01/04) Limitation Upon Claims in Respect of Aviation Products DEFCON 687A (Edn 06/01) Provision of A Shared Data Environment Service DEFCON 687B (Edn 06/01) Shared Data Environment System Transfer Arrangements DEFCON 694 (Edn 03/16) Accounting for Property of The Authority DEFCON 697 (Edn 07/13) Contractors on Deployed Operations (CONDO) DEFCON 802 (Edn 12/14) QDC: Open Book on sub-contracts that are not Qualifying Sub-contracts (QSC) DEFCON 804 (Edn 12/14) QDC: Confidentiality of Single Source Contract Regulations Information Notes: References in DEFCONs to Contract shall denote this framework and the Contract formed with any pursuant Tasking. 2. Co-Operation for Security Investigation The Seller shall notify the Buyer immediately if it becomes aware that an Employee or an accompanied emergency reactive worker has breached the provisions as stated within the Security Aspects Letter. The Seller shall give reasonable assistance to the Buyer/Authority and/or any other representative or adviser of the Authority for the purposes of carrying out any investigation that the Authority undertakes (acting reasonably). Page 5 of 6
In the event that an accident or other incident occurs and that a service inquiry or significant occurrence is convened in accordance with the regulations from time to time in force to investigate such a matter, the Seller shall make available all relevant information and facilities including access for the purpose of immediate and detailed investigations. In connection with any inquiry, the Seller shall take all reasonable steps to seek to ensure that any employee of the Seller whose evidence may assist the Inquiry in reaching its findings, attends and gives evidence to the inquiry. 3. Government Reciprocal Audit Arrangement Any US element of the Contract (QSC level) will be subject to audit by the Defence Contract Audit Agency (DCAA) and Defense Contract Management Agency (DCMA) on behalf of the Authority. 4. UK MoD Defence Forms (DEFFORMs) The following DEFFORMs are required to be completed by the supplier and returned to the respective parties: DEFFORM 177 (Edn 03/80) Design Rights and Patents (Sub-Contracts) Agreement (Copy of Schedule O). DEFFORM 701 (Edn 04/06) Head Agreement For Licence Terms For Commercial Software Purchased By The Secretary Of State For Defence (Copy of Schedule Q. Page 6 of 6