Attachment 2 and 3 - MUSTER Model Contract and Section K_07142021.pdf
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- Attached to
- Multi-Spectral Sensing Technologies Research and Development (MUSTER) Federal contract opportunity
- Solicitation number
- FA8650-21-S-1180
About this file
This solicitation seeks proposals for the Multi-Spectral Sensing Technologies Research and Development (MUSTER) program. The Air Force Research Laboratory's Sensors Directorate will award an indefinite delivery/indefinite quantity contract to conduct research in thirteen areas, including modeling, simulation, design, testing and evaluation of radio frequency and electro-optical sensors for air, space and C2 systems. Offerors should propose innovative research to develop, demonstrate and transition advanced sensing technologies to meet Air Force needs.
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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 30
2. CONTRACT NO. 3. SOLICITATION NO. 4. TYPE OF SOLICITATION
SEALED BID (IFB)
NEGOTIATED (RFP)
5. DATE ISSUED
16 MAR 2021
6. REQUISITION/PURCHASE NO.
FA8650-21-R-1180
7. ISSUED BY AFRL/RYKSE CODE FA8650 8. ADDRESS OFFER TO (If other than Item 7)
USAF/AFMC
AFRL WRIGHT RESEARCH SITE
2130 EIGHTH STREET, BUILDING 45
WRIGHT-PATTERSON AFB OH 45433-7541
JOHN C. DANCER 9377139938
JOHN.DANCER@US.AF.MIL
NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder”.
SOLICITATION
9. Multi-Spectral Sensing Technologies R&D (MuSTeR)
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 16
B SUPPLIES OR SERVICES AND PRICES/COSTS 2 PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACH.
C DESCRIPTION/SPECS./WORK STATEMENT 6 J LIST OF ATTACHMENTS 30
D PACKAGING AND MARKING 7 PART IV - REPRESENTATIONS AND INSTRUCTIONS
E INSPECTION AND ACCEPTANCE 8 K REPRESENTATIONS, CERTIFICATIONS, K - 1
F DELIVERIES OR PERFORMANCE 9 AND OTHER STATEMENTS OF OFFERORS
G CONTRACT ADMINISTRATION DATA 12 L INSTRS, CONDS, AND NOTICES TO OFFERORS L - 1
H SPECIAL CONTRACT REQUIREMENTS 15 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 7.4.1600 FAR (48 CFR) 53.21(c) Created 14 Jul 2021 2:27 PM
PART I - THE SCHEDULE
SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS
SECTION B FA8650-21-R-1180
Qty Unit Price ITEM SUPPLIES OR SERVICES Purch Unit Total Item Amount
0001 1 __________ Lot __________ Noun: RESEARCH AND DEVELOPMENT
PSC: AC32
NSN: N - Not Applicable DD1423 is Exhibit: A Contract type: U - COST PLUS FIXED FEE Inspection: DESTINATION Acceptance: DESTINATION
FOB: DESTINATION
Descriptive Data:
The contractor shall conduct research and development entitled "TBD", in accordance with Statement of Work, dated XXXXXX, attached in Section J, Attachment 1. Deliver data in accordance with Exhibit A, Contract Data Requirements List, DD Form 1423, as attached in Section J.
The estimated cost and fee for this contract is shown below. The applicable fixed fee set forth below may be increased or decreased only by negotiation and modification of the contract for added or deleted work. As determined by the Contracting Officer (CO), it shall be paid as it accrues, in regular installments based upon the percentage of completion of work.
The estimated cost and fixed fee amounts are shown below:
Cost: TBD Fee: TBD Total: TBD
Pursuant to FAR 52.232-22, "Limitation of Funds" in Section I, the total amount available for payment and allotted to this contract for CLINs 0001-0003 is TBD. It is estimated that this amount is sufficient to cover performance through TBD.
Qty Unit Price ITEM SUPPLIES OR SERVICES Purch Unit Total Item Amount
0002 1 __________ Lot __________ Noun: SOFTWARE
PSC: AC32
NSN: N - Not Applicable DD1423 is Exhibit: A Contract type: U - COST PLUS FIXED FEE Inspection: DESTINATION Acceptance: DESTINATION
FOB: DESTINATION
Descriptive Data:
The Contractor shall deliver Software in accordance with Section J, Attachment 1, Statement of Work dated XXX, and in accordance with Section J, Exhibit A, Contract Data Requirements List, DD Form 1423-1, dated XXX. The cost of Software to be delivered is included in the price of CLIN 0001.
The contractor shall deliver any and all Software developed and/or acquired during the course of this contractual effort.
Any Commercial-Off-the-Shelf (COTS) software licenses to be delivered to the U.S.
Government under the contract shall be consistent with federal law and submitted to the Contracting Officer for review for acceptability. Although some license terms do not necessarily violate federal law, they may raise security concerns or limit use to such an extent that the license does not meet the Government's needs.
0003 1 __________ Lot __________ Noun: HARDWARE
PSC: AC32
NSN: N - Not Applicable Contract type: U - COST PLUS FIXED FEE Inspection: DESTINATION Acceptance: DESTINATION
FOB: DESTINATION
Descriptive Data:
The Contractor shall deliver Hardware in accordance with Section J, Attachment 1, Statement of Work dated XXX. The cost of Hardware to be delivered is included in the price of CLIN 0001.
In accordance with DFARS 252.211-7003 entitled, "Item Unique Identification and Valuation," the Contractor shall provide unique identification or a DoD recongized equivalent for all delivered items for which the Government's unit acquistion cost is $5,000 or more.
The contractor shall deliver any and all hardware developed and/or acquired via the course of this effort.
Qty Unit Price ITEM SUPPLIES OR SERVICES Purch Unit Total Item Amount
0004 1 __________ Lot __________ Noun: OPERATIONS AND MAINTAINANCE (3400)
PSC: AC32
NSN: N - Not Applicable Contract type: U - COST PLUS FIXED FEE Inspection: DESTINATION Acceptance: DESTINATION
FOB: DESTINATION
Descriptive Data:
This CLIN will be used for any efforts containing Procurment type work and funding O&M tasks will be tied to specific paragraphs in the Statement of Work entitled "TBD", dated XXXXXX, attached in Section J, Attachment 1. Deliver data in accordance with Exhibit A, Contract Data Requirements List, DD Form 1423, as attached in Section J.
0005 1 __________ Lot __________ Noun: PROCUREMENT
PSC: AC32
NSN: N - Not Applicable Contract type: U - COST PLUS FIXED FEE Inspection: DESTINATION Acceptance: DESTINATION
FOB: DESTINATION
Descriptive Data:
This CLIN will be used for any efforts containing Procurment type work and funding Procurement tasks will be tied to specific paragraphs in the Statement of Work entitled "TBD", dated XXXXXX, attached in Section J, Attachment 1. Deliver data in accordance with Exhibit A, Contract Data Requirements List, DD Form 1423, as attached in Section J.
NO CLAUSES OR PROVISIONS IN THIS SECTION
SECTION C - DESCRIPTION/SPECS./WORK STATEMENT
SECTION C FA8650-21-R-1180
SECTION D - PACKAGING AND MARKING
SECTION D FA8650-21-R-1180
SECTION E - INSPECTION AND ACCEPTANCE
SECTION E FA8650-21-R-1180
NOTICE: The following contract clauses pertinent to this section are hereby incorporated by reference:
FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES
52.246-08 INSPECTION OF RESEARCH AND DEVELOPMENT -- COST-REIMBURSEMENT
(MAY 2001)
SECTION F - DELIVERIES OR PERFORMANCE
SECTION F FA8650-21-R-1180
SHIP MARK TRANS
ITEM SUPPLIES SCHEDULE DATA QTY TO FOR PRI DATE
0001 1 F4FBBJ F4FBBJ ASREQ
Noun: RESEARCH AND DEVELOPMENT Descriptive Data:
1. The scheduled delivery date for the approved final technical report is XXX. The technical effort shall be completed no later than XXX. The Contractor shall deliver data in accordance with Exhibit A, Contract Data Requirements List (CDRL), DD Form 1423, dated XXX.
2. Guaranteed Final Report: If this contract is terminated prior to completion, the Contractor agrees to provide a final report in accordance with Exhibit A, Data Item 0001.
During the life of the contract, the Contractor shall continuously reserve sufficient funds from the amount allotted to guarantee the preparation and delivery of said final report.
3. Delivery of Reports:
(a) All data shall be delivered in accordance with the delivery schedule shown on the Contract Data Requirements List (CDRL), Exhibit A or as incorporated by reference.
(b) All reports and correspondence submitted under this contract shall include the contract number and project number, if applicable, and be forwarded prepaid. A copy of the letters PR transmittal shall be delivered to the Procuring Contracting Officer (PCO) and Administrative Contracting Officer (ACO), The addresses are set forth below:
Program Office:
AFRL/RYM
Ship to: TBD Ship Address: TBD Email: TBD
(CDRL XXX)
Finance:
AFRL/RYF
Ship to: TBD Ship Address: TBD Email: TBD
(CDRL XXX)
Contract Office:
AFRL/RYKSE
TBD, Procuring Contracting Officer 2130 Eighth St. Bldg. 45
WPAFB, OH 45433
Email: TBD
(CDRL XXX)
ACO:
See Cover Page (SF 26) Block 6
(CDRL XXX)
STINFO: AFRL/RYOX:
Lolita Mitchell 2241 Avionics Circle
WPAFB, OH 45433
lolita.mitchell.1@us.af.mil
SHIP MARK TRANS
ITEM SUPPLIES SCHEDULE DATA QTY TO FOR PRI DATE
0002 1 F4FBBK F4FBBK ASREQ
Noun: SOFTWARE Descriptive Data:
The scheduled delivery date for Software is XXX. The shipping address is as follows:
Program Office:
AFRL/RYM
Ship to: TBD Ship Address: TBD Email: TBD
MARK FOR: FA8650-XX-C-XXXX
0003 1 F4FBBK F4FBBK ASREQ
Noun: HARDWARE Descriptive Data:
The scheduled delivery date for Hardware is XXX. The shipping address is as follows:
Program Office:
AFRL/RYM
Ship to: TBD Ship Address: TBD Email: TBD
MARK FOR: FA8650-XX-C-XXXX
0004 1 F4FBBK F4FBBK ASREQ
Noun: OPERATIONS AND MAINTAINANCE (3400) Descriptive Data:
The scheduled delivery date for the approved final technical report is XXX. The technical effort shall be completed no later than XXX. The contractor shall deliver data in accordance with Exhibit A, Contract Data Requirements List (CDRL), DD Form 1423, dated XXX. Deliver CDRL Data Reports as indicated in Box 14 of each data item to the following:
TBD FOR EACH AWARD
DCMA/ACO-See SF 26 Block 6 for address
0005 1 FY1456 ASREQ
Noun: PROCUREMENT
NOTICE: The following contract clauses pertinent to this section are hereby incorporated by reference:
FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES
52.242-15 STOP-WORK ORDER (AUG 1989) - ALTERNATE I (APR 1984)
52.247-34 F.O.B. DESTINATION (NOV 1991)
SECTION G - CONTRACT ADMINISTRATION DATA
SECTION G FA8650-21-R-1180
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.
For Cost-Type line items, including labor-hour or time-and-materials, submit a cost voucher.
(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.
Invoice 2-in-1
(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 TBD Issue By DoDAAC FA8650 Admin DoDAAC TBD Inspect By DoDAAC VENDOR WILL LEAVE THIS BLOCK BLANK Ship To Code F4FBBJ (NOTE: The receiving report requires inspection and acceptance to be performed by the Program Manager or Project Engineer. The "Ship-To-Code" in WAWF is the BPN of the Program Manager/Program Engineer for the program, shown above.)
Ship From Code NOT NEEDED Mark For Code NOT NEEDED Service Approver (DoDAAC) TBD Service Acceptor (DoDAAC) F4FBBJ Accept at Other DoDAAC N/A LPO DoDAAC N/A DCAA Auditor DoDAAC VENDOR SHALL USE LOOK UP DCAA FROM TOOLBAR AT LEFT OF WAWF
SCREEN
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.
N/A
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
OTHER CONTRACT CLAUSES IN FULL TEXT
DFARS PGI 204.7108(B)(2) PAYMENT INSTRUCTIONS (MAY 2019)
The payment office shall allocate and record the amounts paid to the accounting classification citations in the contract using the table shown in Section J, Attachment X based on the type of payment request submitted (see DFARS 252.232-7006) and the type of effort.
SECTION H - SPECIAL CONTRACT REQUIREMENTS
SECTION H FA8650-21-R-1180
PART II - CONTRACT CLAUSES
SECTION I - CONTRACT CLAUSES
SECTION I FA8650-21-R-1180
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: 7.5.x.1800; Issued: 4/30/2021; FAR: FAC 2021-05; DFAR: DPN20210224; DL.: DL 98-021;
Class Deviations: CD 2021-O0004; AFFAR: 2002 Edition; AFAC: AFAC 2019-1001; 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 (JUN 2020)
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 (JUN 2020)
52.203-07 ANTI-KICKBACK PROCEDURES (JUN 2020)
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
(JUN 2020)
52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (JUN 2020)
52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST (JUN 2020)
52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO
INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (JUN 2020)
52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY
AGREEMENTS OR STATEMENTS (JAN 2017)
52.204-02 SECURITY REQUIREMENTS (MAR 2021)
52.204-04 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT
PAPER (MAY 2011)
52.204-09 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)
52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT
AWARDS (JUN 2020)
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)
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 2020)
52.209-06 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH
CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT
(JUN 2020)
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 (JUN 2020)
52.211-05 MATERIAL REQUIREMENTS (AUG 2000)
52.215-02 AUDIT AND RECORDS -- NEGOTIATION (JUN 2020)
52.215-08 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT (OCT 1997)
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 (JUN 2020)
52.215-12 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA (JUN 2020)
52.215-13 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA--MODIFICATIONS (JUN
2020)
52.215-14 INTEGRITY OF UNIT PRICES (JUN 2020)
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 (JUN 2020)
52.215-23 LIMITATIONS ON PASS-THROUGH CHARGES (JUN 2020)
52.216-07 ALLOWABLE COST AND PAYMENT (AUG 2018)
52.216-08 FIXED FEE (JUN 2011)
52.216-11 COST CONTRACT -- NO FEE (APR 1984)
52.219-08 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2018)
52.219-09 SMALL BUSINESS SUBCONTRACTING PLAN (JUN 2020)
52.219-09 SMALL BUSINESS SUBCONTRACTING PLAN (JUN 2020) - ALTERNATE II (NOV
2016)
52.219-09 SMALL BUSINESS SUBCONTRACTING PLAN (DEVIATION 2019-O0005) (JAN 2019) -
ALTERNATE IV (JAN 2019)
52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (NOV 2020)
52.222-02 PAYMENT FOR OVERTIME PREMIUMS (JUL 1990)
Para (a), Dollar amount is '0.00'
52.222-03 CONVICT LABOR (JUN 2003)
52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)
52.222-26 EQUAL OPPORTUNITY (SEP 2016)
52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020)
52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020)
52.222-37 EMPLOYMENT REPORTS ON VETERANS (JUN 2020)
52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS
ACT (DEC 2010)
52.222-50 COMBATING TRAFFICKING IN PERSONS (OCT 2020)
52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (OCT 2015)
52.223-05 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011)
52.223-06 DRUG-FREE WORKPLACE (MAY 2001)
52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE
DRIVING (JUN 2020)
52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (FEB 2021)
52.227-01 AUTHORIZATION AND CONSENT (JUN 2020) - ALTERNATE I (APR 1984)
52.227-02 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT
INFRINGEMENT (JUN 2020)
52.227-10 FILING OF PATENT APPLICATIONS -- CLASSIFIED SUBJECT MATTER (DEC 2007)
52.227-11 PATENT RIGHTS - OWNERSHIP BY THE CONTRACTOR (MAY 2014)
Para (j), Communications: 'TBD'
52.228-07 INSURANCE -- LIABILITY TO THIRD PERSONS (MAR 1996)
52.230-02 COST ACCOUNTING STANDARDS (JUN 2020)
52.230-03 DISCLOSURE AND CONSISTENCY OF COST ACCOUNTING PRACTICES (JUN
2020)
52.230-05 COST ACCOUNTING STANDARDS - EDUCATIONAL INSTITUTION (JUN 2020)
52.230-06 ADMINISTRATION OF COST ACCOUNTING STANDARDS (JUN 2010)
52.232-09 LIMITATION ON WITHHOLDING OF PAYMENTS (APR 1984)
52.232-17 INTEREST (MAY 2014)
52.232-20 LIMITATION OF COST (APR 1984)
52.232-22 LIMITATION OF FUNDS (APR 1984)
52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014) - ALTERNATE I (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)
52.237-02 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT AND VEGETATION
(APR 1984)
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)
52.242-05 PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (JAN 2017)
52.242-13 BANKRUPTCY (JUL 1995)
52.243-02 CHANGES -- COST-REIMBURSEMENT (AUG 1987) - ALTERNATE V (APR 1984)
52.243-06 CHANGE ORDER ACCOUNTING (APR 1984)
52.243-07 NOTIFICATION OF CHANGES (JAN 2017)
Para (b), Number of calendar days is (insert 30 for RDSS/C) '30 days' Para (d), Number of calendar days is (insert 30 for RDSS/C) '30 days'
52.244-02 SUBCONTRACTS (JUN 2020)
Para (d), approval required on subcontracts: 'N/A' Para (j), Insert subcontracts evaluated during negotiations. 'None'
52.244-05 COMPETITION IN SUBCONTRACTING (DEC 1996)
52.244-06 SUBCONTRACTS FOR COMMERCIAL ITEMS (NOV 2020)
52.245-01 GOVERNMENT PROPERTY (JAN 2017)
52.245-09 USE AND CHARGES (APR 2012)
52.246-23 LIMITATION OF LIABILITY (FEB 1997)
52.247-01 COMMERCIAL BILL OF LADING NOTATIONS (FEB 2006)
52.249-06 TERMINATION (COST-REIMBURSEMENT) (MAY 2004)
52.249-14 EXCUSABLE DELAYS (APR 1984)
52.251-01 GOVERNMENT SUPPLY SOURCES (APR 2012)
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)
252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE-
CONTRACT-RELATED FELONIES (DEC 2008)
252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP
2013)
252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (AUG 2019)
252.203-7004 DISPLAY OF HOTLINE POSTERS (AUG 2019)
252.204-7000 DISCLOSURE OF INFORMATION (OCT 2016)
252.204-7002 PAYMENT FOR SUBLINE ITEMS NOT SEPARATELY PRICED (APR 2020)
252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992)
252.204-7004 LEVEL I ANTITERRORISM AWARENESS TRAINING FOR CONTRACTORS (FEB
2019)
252.204-7006 BILLING INSTRUCTIONS (OCT 2005)
252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION TO LITIGATION
SUPPORT (MAY 2016)
252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE
TELECOMMUNICATIONS EQUIPMENT OR SERVICES (JAN 2021)
252.204-7020 NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (NOV 2020)
252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (DEC
1991)
252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE
GOVERNMENT OF A COUNTRY THAT IS A STATE SPONSOR OF TERRORISM
(MAY 2019)
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. 'TBD' 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" 'TBD' Para (c)(1)(iii). Attachment Nr. 'TBD' Para (c)(1)(iv). Attachment Nr. 'TBD' Para (f)(2)(iii). Line item number or n/a. 'TBD'
252.211-7007 REPORTING OF GOVERNMENT-FURNISHED PROPERTY (AUG 2012)
252.211-7008 USE OF GOVERNMENT-ASSIGNED SERIAL NUMBERS (SEP 2010)
252.215-7002 COST ESTIMATING SYSTEM REQUIREMENTS (DEC 2012)
252.219-7003 SMALL BUSINESS SUBCONTRACTING PLAN (DOD CONTRACTS) -- BASIC (DEC
2019)
252.222-7006 RESTRICTIONS ON THE USE OF MANDATORY ARBITRATION AGREEMENTS (DEC
2010)
252.223-7004 DRUG-FREE WORK FORCE (SEP 1988)
252.223-7006 PROHIBITION ON STORAGE, TREATMENT, AND DISPOSAL OF TOXIC OR
HAZARDOUS MATERIALS - BASIC (SEP 2014)
252.225-7008 RESTRICTION ON ACQUISITION OF SPECIALTY METALS (MAR 2013)
252.225-7009 RESTRICTION ON ACQUISITION OF CERTAIN ARTICLES CONTAINING SPECIALTY
METALS (DEC 2019)
252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (DEC 2017)
252.225-7030 RESTRICTION ON ACQUISITION OF CARBON, ALLOY, AND ARMOR STEEL PLATE
(DEC 2006)
252.225-7048 EXPORT-CONTROLLED ITEMS (JUN 2013)
252.225-7052 RESTRICTION ON THE ACQUISITION OF CERTAIN MAGNETS, TANTALUM, AND
TUNGSTEN (OCT 2020)
252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC
ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS (APR 2019)
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)
252.227-7019 VALIDATION OF ASSERTED RESTRICTIONS--COMPUTER SOFTWARE (SEP 2016)
252.227-7025 LIMITATIONS ON THE USE OR DISCLOSURE OF GOVERNMENT-FURNISHED
INFORMATION MARKED WITH RESTRICTIVE LEGENDS (MAY 2013)
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)
252.227-7038 PATENT RIGHTS--OWNERSHIP BY THE CONTRACTOR (LARGE BUSINESS) (JUN
2012)
252.227-7039 PATENTS--REPORTING OF SUBJECT INVENTIONS (APR 1990)
252.231-7000 SUPPLEMENTAL COST PRINCIPLES (DEC 1991)
252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS
(DEC 2018)
252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)
252.232-7011 PAYMENTS IN SUPPORT OF EMERGENCIES AND CONTINGENCY OPERATIONS
(MAY 2013)
252.232-7017 ACCELERATING PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS—
PROHIBITION ON FEES AND CONSIDERATION (APR 2020)
252.235-7010 ACKNOWLEDGMENT OF SUPPORT AND DISCLAIMER (MAY 1995)
Para (a), name of contracting agency(ies): 'United States Air Force' Para (a), contract number(s): 'FA865021R1180' Para (b), name of contracting agency(ies): 'United States Air Force'
252.235-7011 FINAL SCIENTIFIC OR TECHNICAL REPORT (DEC 2019)
252.237-7999 REQUIREMENT FOR ACCOUNTING FIRMS USED TO SUPPORT DEPARTMENT OF
DEFENSE AUDITS (DEVIATION 2019-O0007) (MAR 2019)
252.239-7018 SUPPLY CHAIN RISK (FEB 2019)
252.242-7004 MATERIAL MANAGEMENT AND ACCOUNTING SYSTEM (MAY 2011)
252.242-7005 CONTRACTOR BUSINESS SYSTEMS (FEB 2012)
252.242-7006 ACCOUNTING SYSTEM ADMINISTRATION (FEB 2012)
252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012)
252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (OCT 2020)
252.245-7001 TAGGING, LABELING, AND MARKING OF GOVERNMENT-FURNISHED PROPERTY
(APR 2012)
252.245-7002 REPORTING LOSS OF GOVERNMENT PROPERTY (JAN 2021)
252.245-7003 CONTRACTOR PROPERTY MANAGEMENT SYSTEM ADMINISTRATION (APR 2012)
252.245-7004 REPORTING, REUTILIZATION, AND DISPOSAL (DEC 2017)
Insert Item(s) 'TBD' Insert Item(s) 'TBD'
252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA - BASIC (FEB 2019)
C. AIR FORCE FEDERAL ACQUISITION REGULATION SUPPLEMENT CONTRACT CLAUSES
5352.201-9101 OMBUDSMAN (OCT 2019)
Para (c). Ombudsmen names, addresses, phone numbers, fax, and email addresses. ' Ombudsman: AFRL/PK Director
Alternate Ombudsman:
AFRL/PK Deputy Director 1864 Fourth St.
Wright-Patterson AFB OH 45433-7130 937-904-9700 AFRL.PK.OfficeAccount@us.af.mil'
5352.204-9000 NOTIFICATION OF GOVERNMENT SECURITY ACTIVITY AND VISITOR GROUP
SECURITY AGREEMENTS (OCT 2019)
5352.209-9000 ORGANIZATIONAL CONFLICT OF INTEREST (OCT 2019)
5352.223-9000 ELIMINATION OF USE OF CLASS I OZONE DEPLETING SUBSTANCES (ODS) (OCT
2019)
5352.223-9001 HEALTH AND SAFETY ON GOVERNMENT INSTALLATIONS (OCT 2019)
5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (OCT 2019)
Para (b), Any additional requirements to comply with local security procedures ' Ombudsman: AFRL/PK Director
Alternate Ombudsman:
AFRL/PK Deputy Director 1864 Fourth St.
Wright-Patterson AFB OH 45433-7130 937-904-9700 AFRL.PK.OfficeAccount@us.af.mil' Para (d). Additional requirements. 'AFI 31-101, Integrated Defense, and AFI 31-501, Personnel Security Program Management'
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).
52.252-02 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):
https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/dfars https://www.acquisition.gov/affars
52.252-06 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)
(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
252.204-7009 LIMITATIONS ON THE USE OR DISCLOSURE OF THIRD-PARTY CONTRACTOR
REPORTED CYBER INCIDENT INFORMATION (OCT 2016)
(a) Definitions. As used in this clause—
“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.
“Controlled technical information” means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.
“Covered defense information” means unclassified controlled technical information or other information (as described in the Controlled Unclassified Information (CUI) Registry at http://www.archives.gov/cui/registry/category-list.html) that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies, and is—
(1) Marked or otherwise identified in the contract, task order, or delivery order and provided to the contractor by or on behalf of DoD in support of the performance of the contract; or
(2) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract.
“Cyber incident” means actions taken through the use of computer networks that result in a compromise or an actual or potentially adverse effect on an information system and/or the information residing therein.
“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information.
“Media” means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which covered defense information is recorded, stored, or printed within a covered contractor information system.
“Technical information” means technical data or computer software, as those terms are defined in the clause at DFARS 252.227-7013, Rights in Technical Data-Noncommercial Items, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code.
(b) Restrictions. The Contractor agrees that the following conditions apply to any information it receives or creates in the performance of this contract that is information obtained from a third-party’s reporting of a cyber incident pursuant to DFARS clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting (or derived from such information obtained under that clause):
(1) The Contractor shall access and use the information only for the purpose of furnishing advice or technical assistance directly to the Government in support of the Government’s activities related to clause 252.204-7012 , and shall not be used for any other purpose.
(2) The Contractor shall protect the information against unauthorized release or disclosure.
(3) The Contractor shall ensure that its employees are subject to use and non-disclosure obligations consistent with this clause prior to the employees being provided access to or use of the information.
(4) The third-party contractor that reported the cyber incident is a third-party beneficiary of the non-disclosure agreement between the Government and Contractor, as required by paragraph (b)(3) of this clause.
(5) A breach of these obligations or restrictions may subject the Contractor to—
(i) Criminal, civil, administrative, and contractual actions in law and equity for penalties, damages, and other appropriate remedies by the United States; and
(ii) Civil actions for damages and other appropriate remedies by the third party that reported the cyber incident, as a third party beneficiary of this clause.
(c) Subcontracts. The Contractor shall include this clause, including this paragraph (c), in subcontracts, or similar contractual instruments, for services that include support for the Government’s activities related to safeguarding covered defense information and cyber incident reporting, including subcontracts for commercial items, without alteration, except to identify the parties.
252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT
REPORTING (DEC 2019)
(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, a contractor and that processes, stores, or transmits covered defense information.
“Controlled technical information” means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.
“Covered contractor information system” means an information system that is owned, or operated by or for, a contractor and that processes, stores, or transmits covered defense information.
“Covered defense information” means unclassified controlled technical information or other information, as described in the Controlled Unclassified Information (CUI) Registry at http://www.archives.gov/cui/registry/category-list.html, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies, and is—
(1) Marked or otherwise identified in the contract, task order, or delivery order and provided to the contractor by or on behalf of DoD in support of the performance of the contract; or
(2) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract.
“Cyber incident” means actions taken through the use of computer networks that result in a compromise or an actual or potentially adverse effect on an information system and/or the information residing therein.
“Forensic analysis” means the practice of gathering, retaining, and analyzing computer-related data for investigative purposes in a manner that maintains the integrity of the data.
“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information.
“Malicious software” means computer software or firmware intended to perform an unauthorized process that will have adverse impact on the confidentiality, integrity, or availability of an information system. This definition includes a virus, worm, Trojan horse, or other code-based entity that infects a host, as well as spyware and some forms of adware.
“Media” means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which covered defense information is recorded, stored, or printed within a covered contractor information system.
‘‘Operationally critical support’’ means supplies or services designated by the Government as critical for airlift, sealift, intermodal transportation services, or logistical support that is essential to the mobilization, deployment, or sustainment of the Armed Forces in a contingency operation.
“Rapidly report” means within 72 hours of discovery of any cyber incident.
“Technical information” means technical data or computer software, as those terms are defined in the clause at DFARS 252.227-7013, Rights in Technical Data-Noncommercial Items, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code.
(b) Adequate security. The Contractor shall provide adequate security on all covered contractor information systems. To provide adequate security, the Contractor shall implement, at a minimum, the following information security protections:
(1) For covered contractor information systems that are part of an Information Technology (IT) service or system operated on behalf of the Government, the following security requirements apply:
(i) Cloud computing services shall be subject to the security requirements specified in the clause 252.239-7010, Cloud Computing Services, of this contract.
(ii) Any other such IT service or system (i.e., other than cloud computing) shall be subject to the security requirements specified elsewhere in this contract.
(2) For covered contractor information systems that are not part of an IT service of system operated on behalf of the Government and therefore are not subject to the security requirement specified at paragraph (b)(1) of this clause, the following security requirements apply:
(i) Except as provided in paragraph (b)(2)(ii) of this clause, the covered contractor information system shall be subject to the security requirements in National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, “Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations,” (available via the Internet at http://dx.doi.org/10.6028/NIST.SP.800-171) in effect at the time the solicitation is issued or as authorized by the Contracting Officer.
(ii)(A) The Contractor shall implement NIST SP 800-171, as soon as practical, but not later than December 31, 2017. For all contracts awarded prior to October 1, 2017, the Contractor shall notify the DoD Chief Information Officer (CIO), via email at osd.dibcsia@mail.mil, within 30 days of contract award, of any security requirements specified by NIST SP 800-171 not implemented at the time of contract award.
(B) The Contractor shall submit requests to vary from NIST SP 800-171 in writing to the Contracting Officer, for consideration by the DoD CIO. The Contractor need not implement any security requirement adjudicated by an authorized representative of the DoD CIO to be nonapplicable or to have an alternative, but equally effective, security measure that may be implemented in its place.
(C) If the DoD CIO has previously adjudicated the contractor’s requests indicating that a requirement is not applicable or that an alternative security measure is equally effective, a copy of that approval shall be provided to the Contracting Officer when requesting its recognition under this contract.
(D) If the Contractor intends to use an external cloud service provider to store, process, or transmit any covered defense information in performance of this contract, the Contractor shall require and ensure that the cloud service provider meets security requirements equivalent to those established by the Government for the Federal Risk and Authorization Management Program (FedRAMP) Moderate baseline https://www.fedramp.gov/resources/documents/) and that the cloud service provider complies with requirements in paragraphs (c) through (g) of this clause for cyber incident reporting, malicious software, media preservation and protection, access to additional information and equipment necessary for forensic analysis, and cyber incident damage assessment.
(3) Apply other information systems security measures when the Contractor reasonably determines that information systems security measures, in addition to…
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