1. Model K Contract TMQ-53 CLS.pdf

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AN/TMQ-53 Tactical Meteorological Observing System (TMOS), Contractor Logistics Support (CLS) effort
Solicitation number
FA8730-20-R-0050
Issued by

About this file

This is a request for proposal for Contractor Logistics Support of the AN/TMQ-53 Tactical Meteorological Observing System. The Air Force Life Cycle Management Center is seeking proposals from small businesses to provide sustainment services including spares, repairs, shipping, travel, and engineering support. Proposals are due by August 17, 2020 and must be submitted to the procuring contracting officer at Hanscom Air Force Base. The resulting contract will have a five-year base period and one-year options to order services and extend performance. A minimum order of six months of support will be required. The contract type will be indefinite delivery, indefinite quantity.

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SOLICITATION, OFFER AND AWARD

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 350)

RATING

DO-A7

PAGE OF PAGES

1 40

2. CONTRACT NO. 3. SOLICITATION NO. 4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

5. DATE ISSUED

6. REQUISITION/PURCHASE NO.

FA8730-20-R-0050

7. ISSUED BY AFLCMC/HBAK CODE FA8730 8. ADDRESS OFFER TO (If other than Item 7)

AIR FORCE MATERIEL COMMAND, USAF

AFLCMC/HBAK

75 VANDENBERG DR, BLDG 1630

HANSCOM AFB, MA 01731-1700

DANIEL M. LAVOIE 781-225-4769

DANIEL.LAVOIE.4@US.AF.MIL

NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder”.

SOLICITATION

9.

10. FOR

INFORMATION

CALL:

A. NAME

See Block 7

B. TELEPHONE (Include area code)

(NO COLLECT CALLS)

C. E-MAIL ADDRESS

11. TABLE OF CONTENTS

() SEC. DESCRIPTION PAGE(S) () SEC DESCRIPTION PAGE(S)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

A SOLICITATION/CONTRACT FORM 1 I CONTRACT CLAUSES 19

B SUPPLIES OR SERVICES AND PRICES/COSTS 2 PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACH.

C DESCRIPTION/SPECS./WORK STATEMENT 9 J LIST OF ATTACHMENTS 40

D PACKAGING AND MARKING 10 PART IV - REPRESENTATIONS AND INSTRUCTIONS

E INSPECTION AND ACCEPTANCE 11 K REPRESENTATIONS, CERTIFICATIONS, K - 1

F DELIVERIES OR PERFORMANCE 12 AND OTHER STATEMENTS OF OFFERORS

G CONTRACT ADMINISTRATION DATA 13 L INSTRS, CONDS, AND NOTICES TO OFFERORS L - 1

H SPECIAL CONTRACT REQUIREMENTS 16 M EVALUATION FACTORS FOR AWARD M - 1

OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within ________ calendar days (60 calendar days unless a different period is inserted by the offeror) from the date of receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

10 CALENDAR DAYS

20 CALENDAR DAYS

30 CALENDAR DAYS

CALENDAR DAYS

14. ACKNOWLEDGEMENTS OF AMENDMENTS

(The offeror acknowledges receipt of amend-

AMENDMENT NO. DATE AMENDMENT NO. DATE

ments to the SOLICITATION for offerors and related documents numbered and dated:

15A. NAME

AND

CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

ADDRESS

OF

OFFEROR

15B. TELEPHONE NO. (Include area code)

15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETI-

TION: 23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c) ( )

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 33 (REV. 9-97)

PREVIOUS EDITION IS UNUSABLE Prescribed by GSA

ConWrite Version 7.3.800 FAR (48 CFR) 53.21(c) Created 16 Jul 2020 3:23 PM

Solicitation Model Contract

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION B FA8730-20-R-0050

Qty Unit Price ITEM SUPPLIES OR SERVICES Purch Unit Total Item Amount

Firm Fixed Price

0001 OPTION CLIN __________

Noun: TRANSITION PHASE-IN

PSC: J052

DD1423 is Exhibit: A Descriptive Data:

A. The contractor shall perform all Transition Phase-In activities in accordance with the Performance Work Statement (PWS), Section J attachments, and all terms and conditions of the contract.

B. This is a Firm-Fixed Price CLIN. The price of this CLIN is $ .

(CONTRACTOR TO FILL IN PROPOSED FFP CLIN TOTAL)

C. The contractor shall complete the Transition Phase-In ninety (90) days after award of the initial task order.

D. Inspection and Acceptance points will both be at Source.

Firm Fixed Price

0002 OPTION CLIN __________

Noun: TRANSITION PHASE-OUT

PSC: J052

NSN: N - Not Applicable DD1423 is Exhibit: A Contract type: J - FIRM FIXED PRICE Inspection: SOURCE Acceptance: SOURCE

FOB: DESTINATION

Descriptive Data:

A. The contractor shall perform all Transition Phase-Out activities in accordance with the Performance Work Statement (PWS), Section J attachments, and all terms and conditions of the contract.

B. This is a Firm-Fixed Price CLIN. The price of this CLIN is $ .

(CONTRACTOR TO FILL IN PROPOSED FFP CLIN TOTAL)

C. The period of performance will be 90 days prior to the end of the period of performance of the contract. The contractor shall complete the Transition Phase-Out within 90 days of award of the task order for this effort.

D. The Government will provide written notice to the contractor of its intent to exercise this option no later than 30 days prior to the start of the period of performance for this CLIN.

E. Inspection and Acceptance points will both be at Source.

Qty Unit Price ITEM SUPPLIES OR SERVICES Purch Unit Total Item Amount

Cost

Noun: TRAVEL NSN: N - Not Applicable DD1423 is Exhibit: A Descriptive Data:

A. The contractor shall travel, as required, for performance under this contract. All required travel will be requested by the contractor, then evaluated and authorized by the Government prior to commencing travel.

B. Authorization to travel is not an assurance of funds. The contractor must ensure the appropriate amount of funds are available prior to requesting authorization to travel.

C. The total estimated travel CLIN ceiling is $TBD.

(ESTIMATED VALUE "PLUG NUMBER" TO BE UNIVERSALLY USED

FOR COMPETITIVE EVALUATION OF OFFERS)

D. This is a Cost Reimburseable (CR) CLIN. Actual travel costs will be paid upon completion of each travel event. No profit will be paid on travel costs. Travel costs shall be in accordance with FAR 31.205-46.

E. The period of performance for travel performed under this CLIN will be specified in each individual delivery/task order issued.

F. Invoices to be submitted to WAWF using a 2-in-1 invoice. The AFLCMC/HBAW Program Manager will approve invoices and document inspection and acceptance at destination in WAWF via signature on the 2-in-1 invoice. Additional information to be detailed in SubCLINs issued in deliver/task orders.

Qty Unit Price ITEM SUPPLIES OR SERVICES Purch Unit Total Item Amount

Firm Fixed Price

Noun: CONTRACTOR LOGISTICS SUPPORT (CLS) NSN: N - Not Applicable Descriptive Data:

A. This CLIN is established for the procurement of CLS, to include Obsolescence Management, in accordance with the Performance Work Statement (PWS), System Specifications Document (SSD), Technical Requirements Document (TRD), and all terms and conditions of the contract.

The specific items and quantities shall be detailed in each order.

B. This is a Firm-Fixed Price CLIN and shall be priced in accordance with the pricing tables in Section J, Attachment 2 of the contract. The Firm Fixed Price ceiling is $TBD.

C. The Government will order six (6) months of CLS under this CLIN to meet the minimum order requirements of this Indefinite Delivery Indefinite Quantity contract.

D. The Government may issue orders to the Contractor from the date of award for a period of five (5) years. The Government may order as many months of CLS as desired on each task order inclusive of Spares, Shipping, Travel, and Special Projects to meet sustainment requirements.

E. The unit of issue for this service is Month and the contractor may invoice on a monthly basis for completed services under this CLIN. Invoices to be submitted to WAWF using a 2-in-1 invoice. The AFLCMC/HBAW Program Manager will approve invoices and document inspection and acceptance at destination in WAWF via signature on the 2-in-1 invoice. Additional information to be detailed in SubCLINs issued in delivery/task orders.

F. The Government may extend the Ordering Period and Period of Performance for all CLINs on this contract by twelve (12) months in accordance with Clause 52.217-09. Pricing of orders placed during this extension will be based upon systems sustained and in accordance with pricing tables in Section J, Attachment

2. The Government will establish “one thousand (100X) series” CLINs for orders issued under this authority.

Qty Unit Price ITEM SUPPLIES OR SERVICES Purch Unit Total Item Amount

Firm Fixed Price

Noun: SPARES NSN: N - Not Applicable Descriptive Data:

A. This CLIN is established for the procurement of spares in accordance with the Performance Work Statement (PWS), System Specifications Document (SSD), Technical Requirements Document (TRD), Systems Requirements Document (SRD), and all terms and conditions of the contract.

B. This is a Firm-Fixed Price CLIN and shall be priced in accordance with the pricing tables in Section J, Attachment 2 of the contract. The Firm Fixed Price ceiling is TBD

C. Ordering is authorized in accordance with CLIN 0004. Upon award of a Delivery Order, the contractor shall purchase and place spares into depot inventory at the contractor's facility in order to comply with the Stock Availability Rate identified in the PWS under Section 6.

D. Inspection and Acceptance points will both be at Source with FOB Destination.

Firm Fixed Price

Noun: SPECIAL PROJECTS NSN: N - Not Applicable DD1423 is Exhibit: A Descriptive Data:

A. This CLIN is established for special projects ordering requirements as discussed in The Performance Work Statement (PWS), Section 7 - Systems Engineering, System Specifications Document (SSD), Technical Requirements Document (TRD), Systems Requirements Document (SRD), and all terms and conditions of the contract.

B. This is a Firm-Fixed Price CLIN and shall be priced in accordance with the pricing tables in

Section J, Attachment 2 of the contract. The Firm Fixed Price ceiling is TBD.

C. Travel associated with the performance of this CLIN will be captured under CLIN

0008.

D. The periods of performance and delivery dates for each special project will be specified in individual delivery/task orders. Ordering is authorized in accordance with CLIN 0004.

E. Inspection and Acceptance points will be specified in individual task/delivery orders.

Qty Unit Price ITEM SUPPLIES OR SERVICES Purch Unit Total Item Amount

NSP

0007 __________ Noun: DATA - EXHIBIT A

ACRN: U

PSC: 9999

DD1423 is Exhibit: A Contract type: J - FIRM FIXED PRICE Completion Date: ASREQ Descriptive Data:

A. The contractor shall provide all technical data in accordance with Exhibit A and the terms set forth in this contract and individual task/delivery orders.

B. This CLIN is not separately priced. The price of all data furnished under this CLIN is included in the price of CLINs 0001, 0002, 0003, 0004, 0005. 0006, 0008, and 0009.

Cost

0008 __________ Noun: SHIPPING

PSC: 8145

DD1423 is Exhibit: A Contract type: S - COST Completion Date: ASREQ Descriptive Data:

A. Shipping in accordance with (IAW) Performance Work Statement (PWS).

B. Shipping shall be invoiced on a monthly basis. All shipping shall be itemized.

C. The total estimated shipping CLIN ceiling is $TBD.

D. Shipping and associated shipping costs are cost reimbursable. No profit or fee allowed.

(ESTIMATED VALUE "PLUG NUMBER" TO BE UNIVERSALLY USED FOR

COMPETITIVE EVALUATION OF OFFERS)

Qty Unit Price ITEM SUPPLIES OR SERVICES Purch Unit Total Item Amount

Firm Fixed Price

0009 OPTION CLIN __________

Noun: OPTION TO EXTEND SERVICES

PSC: J052

NSN: N - Not Applicable DD1423 is Exhibit: A Contract type: J - FIRM FIXED PRICE Inspection: SOURCE Acceptance: SOURCE

FOB: DESTINATION

Descriptive Data:

A. The contractor shall perform CLS in accordance with the Performance Work Statement (PWS), System Specifications Document (SSD), Technical Requirements Document (TRD), Systems Requirements Document (SRD), and all terms and conditions of the contract.

B. This is a Firm-Fixed Price CLIN and shall be priced in accordance with the pricing tables in Section J, Attachment 2 of the contract. The estimated not-to-exceed value for this Firm Fixed Price ceiling is TBD. The unit of issue is month and the total amount is six (6) months. The contractor may invoice on a monthly basis for completed services under this CLIN.

C. The exercise of this option CLIN must be within notification requirement of Clause 52.217-08 and will extend the overall period of performance for all CLINs on this contract for six (6) months beyond the period of performance on this contract within the limits and pricing specified in the contract.

D. Invoices to be submitted to WAWF using a 2-in-1 invoice. The AFLCMC/HBAW Program Manager will approve invoices and document inspection and acceptance at destination in WAWF via signature on the 2-in-1 invoice. Additional information to be detailed in SubCLINs issued in delivery/task orders.

The maximum contract value, including all orders placed during the ordering period of this ID/IQ contract is $TBD.

The minimum contract value of this ID/IQ contract is Six (6) months of CLS.

NOTICE: The following contract clauses pertinent to this section are hereby incorporated by reference:

FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES

SECTION C - DESCRIPTION/SPECS./WORK STATEMENT

SECTION C FA8730-20-R-0050

The following documents will be incorporated into the schedule:

Contract Data Requirements List (CDRLs) Technical Requirement Document (TRD) Pricing Tables Performance Work Statement (PWS) Quality Assurance Surveillance Plan (QASP)

NOTICE: The following contract clauses pertinent to this section are hereby incorporated by reference:

SECTION D - PACKAGING AND MARKING

SECTION D FA8730-20-R-0050

NO CLAUSES OR PROVISIONS IN THIS SECTION

SECTION E - INSPECTION AND ACCEPTANCE

SECTION E FA8730-20-R-0050

NOTICE: The following contract clauses pertinent to this section are hereby incorporated by reference:

52.246-01 CONTRACTOR INSPECTION REQUIREMENTS (APR 1984)

52.246-02 INSPECTION OF SUPPLIES -- FIXED-PRICE (AUG 1996)

52.246-04 INSPECTION OF SERVICES -- FIXED-PRICE (AUG 1996)

52.246-05 INSPECTION OF SERVICES -- COST-REIMBURSEMENT (APR 1984)

SECTION F - DELIVERIES OR PERFORMANCE

SECTION F FA8730-20-R-0050

NOTICE: The following contract clauses pertinent to this section are hereby incorporated by reference:

52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989)

52.242-15 STOP-WORK ORDER (AUG 1989)

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)

52.247-48 F.O.B. DESTINATION -- EVIDENCE OF SHIPMENT (FEB 1999)

SECTION G - CONTRACT ADMINISTRATION DATA

SECTION G FA8730-20-R-0050

NOTICE: The following contract clauses pertinent to this section are hereby incorporated in full text:

DEFENSE FAR SUPP CONTRACT CLAUSES IN FULL TEXT

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) Definitions. As used in this clause-

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web- Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items-

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

Invoice

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

Not Specified

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table* Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC HQ0339 Issue By DoDAAC FA8730 Admin DoDAAC TBD Inspect By DoDAAC N/A Ship To Code N/A Ship From Code N/A Mark For Code N/A Service Approver (DoDAAC) N/A Service Acceptor (DoDAAC) N/A Accept at Other DoDAAC N/A LPO DoDAAC N/A DCAA Auditor DoDAAC N/A Other DoDAAC(s) N/A

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert “See Schedule” or “Not applicable.”)

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

denis.vorobyov.2@us.af.mil

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

SECTION H FA8730-20-R-0050

RVK-0001, COMMERCIAL COMPUTER SOFTWARE LICENSE(S) (March 2018) In accordance with this clause, the Offeror/Contractor (hereinafter, “Contractor”) shall provide license agreement information for all COMMERCIAL computer software licenses to be obtained on behalf of or transferred to the US Government under this contract. In this arrangement, the Government may ultimately become the Licensee in certain COMMERCIAL computer software licenses, which software is specifically defined at DFARS 252.227-7014(a)(1). In order to permit the Government to become a Licensee in the COMMERCIAL computer software licenses, said licenses must conform to the terms and conditions specified below.

COMMERCIAL computer software licenses shall be provided to the Government Contracting Officer concurrent with proposal submission to the extent said licenses are known at the time an offer is submitted to the Government—or otherwise as soon as said licenses become known by the Contractor.

The terms and conditions specified below shall take precedence over any and all conflicting or otherwise inconsistent terms and conditions defined in any and all COMMERCIAL computer software licenses intended for the Government to become a Licensee. In order to simplify the process of conforming software licenses to the terms and conditions specified herein, it is not necessary to edit or otherwise modify the licenses—rather the terms and conditions specified herein shall be hereby incorporated by reference into the licenses and/or otherwise implied therein.

Applicability to subcontractor(s), vendor(s) or supplier(s)—whenever any COMMERCIAL computer software or computer software documentation is to be obtained from a subcontractor, vendor or supplier for delivery to the Government under this contract, the Contractor shall use this same clause in its subcontract(s) or other contractual instrument(s), and require its subcontractor, vendor or supplier to do so, without alteration, except to identify the parties. No other clause shall be used to enlarge or diminish the Government's, the Contractor's, or a higher tier subcontractor's, vendor’s or supplier's rights in said computer software or computer software documentation.

Accordingly, in executing this contract the Contractor hereby consents and agrees to the terms and conditions herein and agrees to obtain similar consent and agreement from any subcontractor, vendor or supplier ultimately providing COMMERCIAL computer software or software documentation to the Government for which the Government may become a Licensee.

The terms and conditions required to permit any COMMERCIAL computer software licenses to be transferred to the Government (e.g., Government to become a Licensee) include the following:

[Notice: At the Government’s sole discretion, the Contractor may be excused from any one or more of the following terms and conditions]

1. Any software license shall be perpetual in nature and may not be unilaterally terminated by the Licensor.

2. The software license shall not reference that the Licensee is using certain software products in any notification to the public without express written permission from the Government (e.g., no publicity rights permitted).

3. The Licensee is a Federal entity governed by Federal Statutes, Case Law, and Federal Regulations.

Therefore, the software license shall not make reference to binding the Licensee through any laws of any municipality, state, or foreign country.

4. The software license shall not include any clauses indicating a right to enter the premise of Licensee for the purpose of auditing the use of any software license, as the Licensee cannot allow an auditor physical access to the Licensee's facility due to security concerns. The software license may permit a written notice to be provided to Licensee indicating a substantiated belief that the Licensee is not using the software within the terms described in the license and the Licensee may consider conducting its own internal audit and providing a certified statement of its findings to an appropriate Requestor.

5. The software license shall not include any integration clauses operative to void terms in an underlying basic contract. For example, the terms of software license shall not be defined as the total agreement of the parties.

6. The software license shall not include any clauses that in any way restrict assignment to the Government and/or restrict a Licensee (Contractor) from maintaining its status as a Licensee while at the same time permitting usage of related software by the Government.

7. The license shall not comment on the entitlement to attorney fees in the event of a dispute.

8. The license shall not disclaim all warranties through use of an “as is” provision.

9. The license shall not restrict the Government from using the product at various sites (i.e., applicable to a product-type license for a movable product, as opposed to a site-specific license for a non-movable product) nor use of the product by various Government agencies or third parties performing work on behalf of the Air Force under the TMOS CLS Contract. In performance of the TMOS CLS Contract, Government personnel as well as Government contractors may use the software. Additionally, the software may be used at Government sites and Government contractor sites and the sites may change over time. Thus, the software license shall be flexible to accommodate this situation if applicable.

10. The license shall not include non-substitution language that would preclude or limit the Government from switching to another vendor/reseller and/or another product to fulfill TMOS CLS requirements.

11. The following clauses (and no other) shall supersede all dispute clauses in the software license agreement(s) and shall be operative in dispute resolution:

a) Since the Licensee is a Government entity, any dispute arising from or in connection with this agreement shall be subject to resolution in accordance with the Disputes Clause included in the basic contract and/or the Government may also consider resolving any disputes using an appropriate Alternate Dispute Resolution (ADR) remedy; and

b) The software license shall not include any injunctive relief clauses as the Licensor cannot prevent the Licensee from performing mission operations. However, the Licensor may seek monetary damages.

12. Contractor shall provide a listing of license renewal dates and associated fees/costs if applicable.

13. Contractor shall provide a listing and copies of all commercial computer software licenses related to this Government Contract No. FA8730-20-R-0050 .

14. The Contractor shall provide documentation to clearly correlate or map software license(s) to:

a) Contract Line Item Numbers (CLINS);

b) Contract Deliverables (CDRLS);

c) Paragraphs in the statement of work (SOW); and/or

d) Portions of any functional block diagrams and/or system architecture diagrams, so that it can be readily determined where certain COMMERCIAL computer software corresponding to certain software license(s) are physically located on the system to be delivered under the contract.

15. The software license(s) shall not include any provisions that are inconsistent with “Requirements” defined in the present solicitation and/or any related contract.

16. The software license(s) shall not include any provisions operative to claim ownership rights in any Government Furnished Information (GFI) notwithstanding whether or not the GFI may have interacted with certain software associated with the software license(s)

17. The Government reserves the right to inspect or test any software, software documentation and/or service associated with the software license(s) for compliance with the requirements defined in the present solicitation and/or any related contract. In the event that said software, software documentation and/or service are deemed non-compliant with said requirements, the Government at its discretion shall be entitled to replacement, refund and/or equitable relief

18. Consistent with the terms and conditions of this clause, the terms described below shall also be incorporated by reference to all COMMERCIAL computer software licenses with advanced notice to and/or consent of applicable subcontractors, vendors or suppliers of said computer software licenses (if applicable), for which the Government may become a Licensee:

“The Government agrees to the provisions of the present Software License, as set forth above and affixed as an attachment to this Government Contract No. FA8730-20-R-0050, to the extent that the provisions of the Software License are consistent with Federal procurement law(s) and at least the Department of Defense Federal Acquisition Regulation Supplement (DFARS) section 227.7202 and said contract. In the event that any of the provisions of the present Software License are determined to be inconsistent with Federal procurement law(s); DFARS section 227.7202 and/or said contract, the parties to the present Software License hereby agree that said provision(s) shall be null and void. In the event that any of said provision(s) are rendered null and void, as described hereinabove, the remaining provision(s) of said License shall remain in full force and effect.”

(End of clause)

NOTICE: The following contract clauses pertinent to this section are hereby incorporated in full text:

FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES IN FULL TEXT

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

SECTION I FA8730-20-R-0050

Contract Clauses in this section are from the FAR, Defense FAR Sup, Air Force FAR Sup, and the Air Force Materiel Command FAR Sup, and are current through the following updates:

Database_Version: 7.3.x.1000; Issued: 3/31/2020; FAR: FAC 2020-01; DFAR: DPN20191127; DL.: DL 98-021;

Class Deviations: CD 2020-O0001; AFFAR: 2002 Edition; AFAC: AFAC 2017-1003; IPN: 98-009

I. NOTICE: The following contract clauses pertinent to this section are hereby incorporated by reference:

A. FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES

52.202-01 DEFINITIONS (NOV 2013)

52.203-03 GRATUITIES (APR 1984)

52.203-05 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

52.203-06 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUL 1995)

52.203-07 ANTI-KICKBACK PROCEDURES (MAY 2014)

52.203-08 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR

IMPROPER ACTIVITY (MAY 2014)

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

52.203-12 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)

Para (b)(3). CO inserts info for obtaining posters. 'denis.vorobyov.2@us.af.mil'

52.203-15 WHISTLEBLOWER PROTECTIONS UNDER THE AMERICAN RECOVERY AND

REINVESTMENT ACT OF 2009 (JUN 2010)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO

INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS OR STATEMENTS (JAN 2017)

52.204-04 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT

PAPER (MAY 2011)

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT

AWARDS (OCT 2018)

52.204-12 UNIQUE ENTITY IDENTIFIER MAINTENANCE (OCT 2016)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS

(DEC 2014)

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES

DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED

ENTITIES (JUL 2018)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2019)

52.209-06 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT

(OCT 2015)

52.209-09 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY

MATTERS (OCT 2018)

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS

(NOV 2015)

52.210-01 MARKET RESEARCH (APR 2011)

52.211-05 MATERIAL REQUIREMENTS (AUG 2000)

52.212-04 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (OCT 2018)

52.215-02 AUDIT AND RECORDS -- NEGOTIATION (OCT 2010)

52.215-10 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA (AUG

2011)

52.215-11 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA--

MODIFICATIONS (AUG 2011)

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)

52.215-18 REVERSION OR ADJUSTMENT OF PLANS FOR POSTRETIREMENT BENEFITS

(PRB) OTHER THAN PENSIONS (JUL 2005)

52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)

52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER

THAN CERTIFIED COST OR PRICING DATA--MODIFICATIONS (OCT 2010)

52.216-07 ALLOWABLE COST AND PAYMENT (AUG 2018)

52.216-11 COST CONTRACT -- NO FEE (APR 1984)

52.216-18 ORDERING (OCT 1995)

Para (a), Issued from date is 'Contract Award' Para (a), Issued through date is 'five years'

52.216-19 ORDER LIMITATIONS (OCT 1995)

Para (a). Insert Dollar amount or quantity. '1000.00' Para (b)(1). Insert dollar amount or quantity 'TBD' Para (b)(2). Insert dollar amount or quantity. 'TBD' Para (b)(3). Insert number of days. '30' Para (d). Insert number of days. '7'

52.216-22 INDEFINITE QUANTITY (OCT 1995)

Para (d), Date is 'seventy-eight (78) months from contract award'

52.216-32 TASK-ORDER AND DELIVERY-ORDER OMSUDSMAN (SEP 2019)

Para (a). Contracting Officer to insert name, address, telephone number, and email address for the Agency Ombudsman or provide the URL address where this information may be found. 'Col. Sean Tucker

AFLCMC/AQ-AZ

Telephone: (312) 785-5512 Email: sean.tucker.1@us.af.mil'

52.216-32 TASK-ORDER AND DELIVERY-ORDER OMSUDSMAN (SEP 2019) - ALTERNATE I

(SEP 2019)

Para (a). Contracting Officer to insert name, address, telephone number, and email address for the Agency Ombudsman or provide the URL address where this information may be found. 'Col. Sean Tucker

AFLCMC/AQ-AZ

Telephone: (312) 785-5512 Email: sean.tucker.1@us.af.mil' Para (d)(2). The ordering activity's contracting officer to insert the name, address, telephone number, and email address for the ordering activity's Ombudsman or provide the URL address where this information may be found. 'Col. Sean Tucker

AFLCMC/AQ-AZ

Telephone: (312) 785-5512 Email: sean.tucker.1@us.af.mil'

52.217-02 CANCELLATION UNDER MULTI-YEAR CONTRACTS (OCT 1997)

52.217-08 OPTION TO EXTEND SERVICES (NOV 1999)

Period of time. '75 days'

52.219-06 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011)

52.219-06 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (DEVIATION 2019-O0003) (JAN

2019)

52.222-01 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)

52.222-20 CONTRACTS FOR MATERIALS, SUPPLIES, ARTICLES, AND EQUIPMENT

EXCEEDING $15,000 (MAY 2014)

52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)

52.222-26 EQUAL OPPORTUNITY (SEP 2016)

52.222-50 COMBATING TRAFFICKING IN PERSONS (JAN 2019)

52.222-56 CERTIFICATION REGARDING TRAFFICKING IN PERSONS COMPLIANCE PLAN

(MAR 2015)

52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN 2017)

52.222-99 ESTABLISHING A MINIMUM WAGE FOR CONTRACTORS (DEVIATION) (JUN 2014)

52.223-02 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND

CONSTRUCTION CONTRACTS (SEP 2013)

52.223-06 DRUG-FREE WORKPLACE (MAY 2001)

52.223-15 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (DEC 2007)

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE

DRIVING (AUG 2011)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

52.228-07 INSURANCE -- LIABILITY TO THIRD PERSONS (MAR 1996)

52.230-02 COST ACCOUNTING STANDARDS (OCT 2015)

52.232-01 PAYMENTS (APR 1984)

52.232-03 PAYMENTS UNDER PERSONAL SERVICES CONTRACTS (APR 1984)

52.232-08 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)

52.232-11 EXTRAS (APR 1984)

52.232-20 LIMITATION OF COST (APR 1984)

52.232-22 LIMITATION OF FUNDS (APR 1984)

52.232-25 PROMPT PAYMENT (JAN 2017)

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER - SYSTEM FOR AWARD

MANAGEMENT (OCT 2018)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013)

52.233-01 DISPUTES (MAY 2014)

52.233-03 PROTEST AFTER AWARD (AUG 1996)

52.233-03 PROTEST AFTER AWARD (AUG 1996) - ALTERNATE I (JUN 1985)

52.233-04 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

52.242-01 NOTICE OF INTENT TO DISALLOW COSTS (APR 1984)

52.242-03 PENALTIES FOR UNALLOWABLE COSTS (MAY 2014)

52.242-04 CERTIFICATION OF FINAL INDIRECT COSTS (JAN 1997)

52.242-13 BANKRUPTCY (JUL 1995)

52.243-01 CHANGES -- FIXED-PRICE (AUG 1987) - ALTERNATE II (APR 1984)

52.243-02 CHANGES -- COST-REIMBURSEMENT (AUG 1987) - ALTERNATE II (APR 1984)

52.244-02 SUBCONTRACTS (OCT 2010) - ALTERNATE I (JUN 2007)

Para (d), Contractor shall obtain the Contracting Officer's written consent before placing the following subcontracts: 'TBD' Para (j), the following subcontracts which were evaluated during negotiations: 'TBD'

52.244-06 SUBCONTRACTS FOR COMMERCIAL ITEMS (AUG 2019)

52.245-01 GOVERNMENT PROPERTY (JAN 2017)

52.245-09 USE AND CHARGES (APR 2012)

52.247-67 SUBMISSION OF TRANSPORTATION DOCUMENTS FOR AUDIT (FEB 2006)

Para (c). Insert address. 'TBD'

52.249-01 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE)

(SHORT FORM) (APR 1984)

52.249-06 TERMINATION (COST-REIMBURSEMENT) (MAY 2004)

52.249-08 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984)

52.249-14 EXCUSABLE DELAYS (APR 1984)

52.253-01 COMPUTER GENERATED FORMS (JAN 1991)

B. DEFENSE FEDERAL ACQUISITION REGULATION SUPPLEMENT CONTRACT CLAUSES

252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)

252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS

(SEP 2011)

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP

2013)

252.204-7000 DISCLOSURE OF INFORMATION (OCT 2016)

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992)

252.204-7004 LEVEL I ANTITERRORISM AWARENESS TRAINING FOR CONTRACTORS (FEB

2019)

252.204-7014 LIMITATIONS ON THE USE OR DISCLOSURE OF INFORMATION BY LITIGATION

SUPPORT CONTRACTORS (MAY 2016)

252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION TO LITIGATION

SUPPORT (MAY 2016)

252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (MAR 2016)

Para (c)(1)(i). Insert Contract Line, Subline, or Exhibit Line Item Number and Item

Description or n/a. 'N/A' Para (c)(1)(ii). Identify Contract Line, Subline, or Exhibit Line Item Nr and Item

Description. If items are identified in the Schedule, insert "See Schedule" 'CLIN 0006 Spares'

Para (c)(1)(iii). Attachment Nr. 'Attachment 3 Pricing Tables' Para (c)(1)(iv). Attachment Nr. 'N/A' Para (f)(2)(iii). Line item number or n/a. 'A'

252.211-7007 REPORTING OF GOVERNMENT-FURNISHED PROPERTY (AUG 2012)

252.211-7008 USE OF GOVERNMENT-ASSIGNED SERIAL NUMBERS (SEP 2010)

252.216-7006 ORDERING (MAY 2011)

Para (a). Date. 'Contract Award' Para (a). Date 'five (5) years'

252.216-7009 ALLOWABILITY OF LEGAL COSTS INCURRED IN CONNECTION WITH A

WHISTLEBLOWER PROCEEDING (SEP 2013)

252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM - BASIC (DEC 2017)

252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM (DEC 2017) -

ALTERNATE I (DEC 2017)

252.225-7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS (DEC 2017)

252.225-7008 RESTRICTION ON ACQUISITION OF SPECIALTY METALS (MAR 2013)

252.225-7021 TRADE AGREEMENTS (SEP 2019) - ALTERNATE II (SEP 2019)

252.225-7040 CONTRACTOR PERSONNEL SUPPORTING U.S. ARMED FORCES DEPLOYED

OUTSIDE THE UNITED STATES (OCT 2015)

252.225-7041 CORRESPONDENCE IN ENGLISH (JUN 1997)

252.225-7042 AUTHORIZATION TO PERFORM (APR 2003)

252.225-7048 EXPORT-CONTROLLED ITEMS (JUN 2013)

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)

252.227-7015 TECHNICAL DATA--COMMERCIAL ITEMS (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 (DEVIATION 2020-

O0007) (MAR 2020)

252.227-7019 VALIDATION OF ASSERTED RESTRICTIONS--COMPUTER SOFTWARE (SEP 2016)

252.227-7027 DEFERRED ORDERING OF TECHNICAL DATA OR COMPUTER SOFTWARE (APR

1988)

252.227-7030 TECHNICAL DATA--WITHHOLDING OF PAYMENT (MAR 2000)

252.227-7037 VALIDATION OF RESTRICTIVE MARKINGS ON TECHNICAL DATA (SEP 2016)

252.229-7000 INVOICES EXCLUSIVE OF TAXES OR DUTIES (JUN 1997)

252.229-7001 TAX RELIEF - BASIC (SEP 2014)

252.231-7000 SUPPLEMENTAL COST PRINCIPLES (DEC 1991)

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS

(DEC 2018)

252.232-7009 MANDATORY PAYMENT BY GOVERNMENTWIDE COMMERCIAL PURCHASE CARD

(MAY 2018)

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)

252.232-7011 PAYMENTS IN SUPPORT OF EMERGENCIES AND CONTINGENCY OPERATIONS

(MAY 2013)

252.235-7004 PROTECTION OF HUMAN SUBJECTS (JUL 2009)

252.237-7010 PROHIBITION ON INTERROGATION OF DETAINEES BY CONTRACTOR

PERSONNEL (JUN 2013)

252.239-7018 SUPPLY CHAIN RISK (DEVIATION 2018-O0020) (SEP 2018)

252.242-7006 ACCOUNTING SYSTEM ADMINISTRATION (FEB 2012)

252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)

252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUN 2013)

252.244-7001 CONTRACTOR PURCHASING SYSTEM ADMINISTRATION - ALTERNATE I (MAY

2014) - ALTERNATE I (MAY 2014)

252.245-7001 TAGGING, LABELING, AND MARKING OF GOVERNMENT-FURNISHED PROPERTY

(APR 2012)

252.245-7002 REPORTING LOSS OF GOVERNMENT PROPERTY (DEC 2017)

252.245-7003 CONTRACTOR PROPERTY MANAGEMENT SYSTEM ADMINISTRATION (APR 2012)

252.245-7004 REPORTING, REUTILIZATION, AND DISPOSAL (DEC 2017)

Insert Item(s) 'identified as such on individual task/delivery orders'' Insert Item(s) 'identified as such on individual task/delivery orders''

252.246-7003 NOTIFICATION OF POTENTIAL SAFETY ISSUES (JUN 2013)

252.246-7004 SAFETY OF FACILITIES, INFRASTRUCTURE, AND EQUIPMENT FOR MILITARY

OPERATIONS (OCT 2010)

252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA - BASIC (FEB 2019)

C. AIR FORCE FEDERAL ACQUISITION REGULATION SUPPLEMENT CONTRACT CLAUSES

5352.201-9101 OMBUDSMAN (JUN 2016)

Para (c). Ombudsmen names, addresses, phone numbers, fax, and email addresses.

'Col. Sean Tucker

AFLCMC/AQ-AZ

Telephone: (312) 785-5512 Email: sean.tucker.1@us.af.mil' 5352.223-9000 ELIMINATION OF USE OF CLASS I OZONE DEPLETING SUBSTANCES (ODS) (NOV

2012)

II. NOTICE: The following contract clauses pertinent to this section are hereby incorporated in full text:

FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES IN FULL TEXT

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN

2016)

(a) Definitions. As used in this clause--

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS (APR 2008)

This is a rated order certified for national defense, emergency preparedness, and energy program use, and the Contractor shall follow all the requirements of the Defense Priorities and Allocations System regulation (15 CFR 700).

52.217-09 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 90 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 78 months.

52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

Funds are not presently available for performance under this contract beyond TBD at award. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond TBD at award, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

52.252-02 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/

52.252-06 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter

1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

DEFENSE FAR SUPP CONTRACT CLAUSES IN FULL TEXT

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT

REPORTING (OCT 2016)

(a) Definitions. As used in this clause—

“Adequate security” means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information.

“Compromise” means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred.

“Contractor attributional/proprietary information” means information that identifies the contractor(s), whether directly or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description, facility locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company.

“Contractor information system” means an unclassified information system that is owned, or operated by or for,…

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