Common use of Configuration Control Clause in Contracts

Configuration Control. (a) Seller shall make no change in design, materials, manufacturing location, manufacturing process, assembly processes, or source of supply, after approval of the first production test item or after acceptance of the first completed end item, without Buyer’s written approval. If Seller makes any changes in the design, materials, manufacturing location, manufacturing process, assembly processes, or source of supply after approval of the first production test item or after acceptance of the first completed end item and the change was the initiated by the Seller, all re-qualification costs will be the responsibility of the Seller. Seller agrees that any approval by Buyer of the first production test item or any acceptance by Xxxxx of the first completed end item shall not in any way relieve Seller from performing all requirements of this Contract, including Seller's obligations under ¶ 9, WARRANTY. (b) Seller shall furnish military standard hardware to the drawing revision level contained in the technical data package(s) issued to Seller for performing the Contract. If no revision level is specified, parts must be supplied to the latest revision level established by government agencies as of the date of this Contract. (c) Should Seller decide to discontinue manufacture of the Goods purchased by Buyer under this Contract, Seller shall: (i) provide written notice to Buyer of the intended supply discontinuance; and (ii) provide Buyer a minimum of twelve (12) months from the written notification date to allow Buyer to place final “lifetime buy” Purchase Orders for the Goods at a unit price to be negotiated, but in no event higher than the unit price provided in this Contract. Seller’s obligations under this clause shall extend for thirty (30) years beyond the effective date of this Contract, irrespective of whether the Contract is completed/terminated within the thirty (30) year period. (d) Material supplied to POs must be in accordance with the quality clause requirements outlined on the PO, and are located at xxxxx://xxx.xxxx.xxx/suppliers/quality/quality-clauses.pdf (e) When requested by the Buyer, the Seller shall provide the following technical data to assist the Buyer with completing supportability requirements associated with the Seller’s parts: Technical Data Package (TDP), material shelf life, pricing, assembly and/or piece part drawings, letter of permission/use (to allow Buyer to share data with its customer(s)). The Buyer recognizes the Seller’s Intellectual Property rights and these rights shall be respected by the Buyer within any request for technical data. (f) The Buyer may intend to develop logistics support products (such as maintenance plans, technical manuals, training courses, spares packages, technical drawings, catalogue pages, etc.) that will enable the Buyer and the Buyer’s customers to operate, maintain and support the Goods in an efficient and effective manner when they are integrated into the Buyer’s vehicle system. In support of this objective, the Seller shall provide the Buyer with the following logistics source data: (i) Existing technical publications describing the installation, operation, preventive maintenance, corrective maintenance, troubleshooting and packaging of the Goods (e.g., user manuals, maintenance manuals, repair & overhaul procedures, troubleshooting guides, lubrication instructions, preventive maintenance schedules, illustrated parts lists, service bulletins, etc.); (ii) Existing technical illustrations (vector line-art) for the Goods and for maintenance-significant down-parts, suitable for use in the creation of technical publications; (iii) Existing solid 3D CAD models for the Goods, usable as an exploded model, and suitable for use in the creation of technical illustrations (dumb-solid models are not acceptable); (iv) List of tools and test equipment required to operate and maintain the Goods, identifying a source of supply for any items that are not generally commercially available and any technical drawings or catalogue pages that support the tools and test equipment; (v) List of consumables (lubricants, fluids, adhesives, etc.) required to operate and maintain the Goods, accompanied by a Material Safety Data Sheet (MSDS) for each item, and the identification of a source of supply for any items that are not generally commercially available, and any associated technical drawings or catalogue; (vi) Indented Bill of Material for the Goods, down to the level required to identify all repairable parts under the existing maintenance policy for the Goods; (vii) Supplementary Provisioning Technical Data (SPTD), including prints sufficient to identify and describe repairable items (repair parts, consumables, special tools & test equipment, service kits) required to operate, maintain and support the Goods under the existing maintenance policy. Drawings to include pictorial representation, envelope dimensions, general materials and title block information; (viii) Existing reliability data (failure rate data or Mean Time Between Failure data) for the Goods (including maintenance-significant down-parts), with a description of the source of the data and any adjustments necessary to account for the Buyer’s intended use of the Goods; and (ix) Existing maintainability data (Mean Time to Repair data or Mean Elapsed Time data) for the preventive and corrective maintenance of the Goods, including (if applicable) time and cost estimates for “repair and overhaul” (R&O) maintenance tasks offered by the Seller; (g) All logistics support data supplied by the Seller shall be applicable to the configuration and revision level of the Goods being purchased by the Buyer, and shall be written in the English language. Logistics support data may be delivered in soft copy or hard copy. Technical publications delivered in hard copy should be unbound, and of suitable quality for photocopying to produce clean, clear copies. For technical illustrations, black-and-white line drawings are preferred. (h) The Seller agrees to identify a Point of Contact to which the Buyer may submit any requests for clarification of the logistics source data; the Seller agrees to provide complete, accurate and timely responses to any such requests. (i) The Seller agrees that the Buyer has the right to incorporate any or all of the Seller’s logistics source data into the Buyer’s logistics support products, for delivery to and/or for use by the Buyer’s customers. In recognition of this right, all logistics source data provided by the Seller shall be free of restrictive markings or legends, and the Seller shall provide the Buyer with a copyright release letter to permit this intended use. (j) Should the Seller not be able to furnish the required information for intellectual property concerns, or any other reason, The Seller shall provide a Letter of Refusal for the required data which will serve as formal notification, and must include Seller’s reasonable alternative solutions to ensure ongoing operation and sustainment of the Goods. The action of this letter will require a meeting between the Seller, Prime Contractor and Government agency at the Sellers facility as required. This letter shall not relieve the Seller of its obligation to provide the relevant data.

Configuration Control. (a) Seller shall make no change in design, materials, manufacturing location, manufacturing process, assembly processes, or source of supply, after approval of the first production test item or after acceptance of the first completed end item, without Buyer’s written approval. If Seller makes any changes in the design, materials, manufacturing location, manufacturing process, assembly processes, or source of supply after approval of the first production test item or after acceptance of the first completed end item and the change was the initiated by the Seller, all re-qualification costs will be the responsibility of the Seller. Seller agrees that any approval by Buyer of the first production test item or any acceptance by Xxxxx of the first completed end item shall not in any way relieve Seller from performing all requirements of this Contract, including Seller's obligations under ¶ 9, WARRANTY. (b) Seller shall furnish military standard hardware to the drawing revision level contained in the technical data package(s) issued to Seller for performing the Contract. If no revision level is specified, parts must be supplied to the latest revision level established by government agencies as of the date of this Contract. (c) Should Seller decide to discontinue manufacture of the Goods purchased by Buyer under this Contract, Seller shall: (i) provide written notice to Buyer of the intended supply discontinuance; and (ii) provide Buyer a minimum of twelve (12) months from the written notification date to allow Buyer to place final “lifetime buy” Purchase Orders for the Goods at a unit price to be negotiated, but in no event higher than the unit price provided in this Contract. Seller’s obligations under this clause ¶ 32 shall extend for thirty (30) years beyond the effective date of this Contract, irrespective of whether the Contract is completed/terminated within the thirty (30) year period. (d) Material supplied to POs must be in accordance with the quality clause requirements outlined on the PO, and are located at xxxxx://xxx.xxxx.xxx/suppliers/quality/quality-clauses.pdf (e) When requested by the Buyer, the Seller shall provide the following technical data to assist the Buyer with completing supportability requirements associated with the Seller’s parts: Technical Data Package (TDP), material shelf life, pricing, assembly and/or piece part drawings, letter of permission/use (to allow Buyer to share data with its customer(s)). The Buyer recognizes the Seller’s Intellectual Property rights and these rights shall be respected by the Buyer within any request for technical data. (f) The Buyer may intend to develop logistics support products (such as maintenance plans, technical manuals, training courses, spares packages, technical drawings, catalogue pages, etc.) that will enable the Buyer and the Buyer’s customers to operate, maintain and support the Goods in an efficient and effective manner when they are integrated into the Buyer’s vehicle system. In support of this objective, the Seller shall provide the Buyer with the following logistics source data: (i) Existing technical publications describing the installation, operation, preventive maintenance, corrective maintenance, troubleshooting and packaging of the Goods (e.g., user manuals, maintenance manuals, repair & overhaul procedures, troubleshooting guides, lubrication instructions, preventive maintenance schedules, illustrated parts lists, service bulletins, etc.); (ii) Existing technical illustrations (vector line-art) for the Goods and for maintenance-significant down-down- parts, suitable for use in the creation of technical publications; (iii) Existing solid 3D CAD models for the Goods, usable as an exploded model, and suitable for use in the creation of technical illustrations (dumb-solid models are not acceptable); (iv) List of tools and test equipment required to operate and maintain the Goods, identifying a source of supply for any items that are not generally commercially available and any technical drawings or catalogue pages that support the tools and test equipment; (v) List of consumables (lubricants, fluids, adhesives, etc.) required to operate and maintain the Goods, accompanied by a Material Safety Data Sheet (MSDS) for each item, and the identification of a source of supply for any items that are not generally commercially available, and any associated technical drawings or catalogue; (vi) Indented Bill of Material for the Goods, down to the level required to identify all repairable parts under the existing maintenance policy for the Goods; (vii) Supplementary Provisioning Technical Data (SPTD), including prints sufficient to identify and describe repairable items (repair parts, consumables, special tools & test equipment, service kits) required to operate, maintain and support the Goods under the existing maintenance policy. Drawings to include pictorial representation, envelope dimensions, general materials and title block information; (viii) Existing reliability data (failure rate data or Mean Time Between Failure data) for the Goods (including maintenance-significant down-parts), with a description of the source of the data and any adjustments necessary to account for the Buyer’s intended use of the Goods; and (ix) Existing maintainability data (Mean Time to Repair data or Mean Elapsed Time data) for the preventive and corrective maintenance of the Goods, including (if applicable) time and cost estimates for “repair and overhaul” (R&O) maintenance tasks offered by the Seller; (g) All logistics support data supplied by the Seller shall be applicable to the configuration and revision level of the Goods being purchased by the Buyer, and shall be written in the English language. Logistics support data may be delivered in soft copy or hard copy. Technical publications delivered in hard copy should be unbound, and of suitable quality for photocopying to produce clean, clear copies. For technical illustrations, black-and-white line drawings are preferred. (h) The Seller agrees to identify a Point of Contact to which the Buyer may submit any requests for clarification of the logistics source data; the Seller agrees to provide complete, accurate and timely responses to any such requests. (i) The Seller agrees that the Buyer has the right to incorporate any or all of the Seller’s logistics source data into the Buyer’s logistics support products, for delivery to and/or for use by the Buyer’s customers. In recognition of this right, all logistics source data provided by the Seller shall be free of restrictive markings or legends, and the Seller shall provide the Buyer with a copyright release letter to permit this intended use. (j) Should the Seller not be able to furnish the required information for intellectual property concerns, or any other reason, The Seller shall provide a Letter of Refusal for the required data which will serve as formal notification, and must include Seller’s reasonable alternative solutions to ensure ongoing operation and sustainment of the Goods. The action of this letter will require a meeting between the Seller, Prime Contractor and Government agency at the Sellers facility as required. This letter shall not relieve the Seller of its obligation to provide the relevant data.

Configuration Control. (a) Seller shall make no change in design, materials, manufacturing location, manufacturing process, assembly processes, or source of supply, after approval of the first production test item or after acceptance of the first completed end item, without BuyerXxxxx’s written approval. If Seller makes any changes in the design, materials, manufacturing location, manufacturing process, assembly processes, or source of supply after approval of the first production test item or after acceptance of the first completed end item and the change was the initiated by the Seller, all re-qualification costs will be the responsibility of the Seller. Seller agrees that any approval by Buyer of the first production test item or any acceptance by Xxxxx of the first completed end item shall not in any way relieve Seller from performing all requirements of this Contract, including Seller's obligations under ¶ 9, WARRANTY. (b) Seller shall furnish military standard hardware to the drawing revision level contained in the technical data package(s) issued to Seller for performing the Contract. If no revision level is specified, parts must be supplied to the latest revision level established by government agencies as of the date of this Contract. (c) Should Seller decide to discontinue manufacture of the Goods purchased by Buyer under this Contract, Seller shall: (i) provide written notice to Buyer of the intended supply discontinuance; and (ii) provide Buyer a minimum of twelve (12) months from the written notification date to allow Buyer to place final “lifetime buy” Purchase Orders for the Goods at a unit price to be negotiated, but in no event higher than the unit price provided in this Contract. Seller’s obligations under this clause shall extend for thirty (30) years beyond the effective date of this Contract, irrespective of whether the Contract is completed/terminated within the thirty (30) year period. (d) Material supplied to POs must be in accordance with the quality clause requirements outlined on the PO, and are located at xxxxx://xxx.xxxx.xxx/suppliers/quality/quality-clauses.pdf (e) When requested by the Buyer, the Seller shall provide the following technical data to assist the Buyer with completing supportability requirements associated with the Seller’s parts: Technical Data Package (TDP), material shelf life, pricing, assembly and/or piece part drawings, letter of permission/use (to allow Buyer to share data with its customer(s)). The Buyer recognizes the Seller’s Intellectual Property rights and these rights shall be respected by the Buyer within any request for technical data. (f) The Buyer may intend to develop logistics support products (such as maintenance plans, technical manuals, training courses, spares packages, technical drawings, catalogue pages, etc.) that will enable the Buyer and the Buyer’s customers to operate, maintain and support the Goods in an efficient and effective manner when they are integrated into the Buyer’s vehicle system. In support of this objective, the Seller shall provide the Buyer with the following logistics source data: (i) Existing technical publications describing the installation, operation, preventive maintenance, corrective maintenance, troubleshooting and packaging of the Goods (e.g., user manuals, maintenance manuals, repair & overhaul procedures, troubleshooting guides, lubrication instructions, preventive maintenance schedules, illustrated parts lists, service bulletins, etc.); (ii) Existing technical illustrations (vector line-art) for the Goods and for maintenance-significant down-parts, suitable for use in the creation of technical publications; (iii) Existing solid 3D CAD models for the Goods, usable as an exploded model, and suitable for use in the creation of technical illustrations (dumb-solid models are not acceptable); (iv) List of tools and test equipment required to operate and maintain the Goods, identifying a source of supply for any items that are not generally commercially available and any technical drawings or catalogue pages that support the tools and test equipment; (v) List of consumables (lubricants, fluids, adhesives, etc.) required to operate and maintain the Goods, accompanied by a Material Safety Data Sheet (MSDS) for each item, and the identification of a source of supply for any items that are not generally commercially available, and any associated technical drawings or catalogue; (vi) Indented Bill of Material for the Goods, down to the level required to identify all repairable parts under the existing maintenance policy for the Goods; (vii) Supplementary Provisioning Technical Data (SPTD), including prints sufficient to identify and describe repairable items (repair parts, consumables, special tools & test equipment, service kits) required to operate, maintain and support the Goods under the existing maintenance policy. Drawings to include pictorial representation, envelope dimensions, general materials and title block information; (viii) Existing reliability data (failure rate data or Mean Time Between Failure data) for the Goods (including maintenance-significant down-parts), with a description of the source of the data and any adjustments necessary to account for the Buyer’s intended use of the Goods; and (ix) Existing maintainability data (Mean Time to Repair data or Mean Elapsed Time data) for the preventive and corrective maintenance of the Goods, including (if applicable) time and cost estimates for “repair and overhaul” (R&O) maintenance tasks offered by the Seller; (g) All logistics support data supplied by the Seller shall be applicable to the configuration and revision level of the Goods being purchased by the Buyer, and shall be written in the English language. Logistics support data may be delivered in soft copy or hard copy. Technical publications delivered in hard copy should be unbound, and of suitable quality for photocopying to produce clean, clear copies. For technical illustrations, black-and-white line drawings are preferred. (h) The Seller agrees to identify a Point of Contact to which the Buyer may submit any requests for clarification of the logistics source data; the Seller agrees to provide complete, accurate and timely responses to any such requests. (i) The Seller agrees that the Buyer has the right to incorporate any or all of the Seller’s logistics source data into the Buyer’s logistics support products, for delivery to and/or for use by the Buyer’s customers. In recognition of this right, all logistics source data provided by the Seller shall be free of restrictive markings or legends, and the Seller shall provide the Buyer with a copyright release letter to permit this intended use. (j) Should the Seller not be able to furnish the required information for intellectual property concerns, or any other reason, The Seller shall provide a Letter of Refusal for the required data which will serve as formal notification, and must include Seller’s reasonable alternative solutions to ensure ongoing operation and sustainment of the Goods. The action of this letter will require a meeting between the Seller, Prime Contractor and Government agency at the Sellers facility as required. This letter shall not relieve the Seller of its obligation to provide the relevant data.