Attachment 8 Model Form of Contract.pdf

SOLICITATION, OFFER AND AWARD

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 350)

RATING

DO-C9

PAGE OF PAGES

1 33

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

SEALED BID (IFB)

NEGOTIATED (RFP)

5. DATE ISSUED

6. REQUISITION/PURCHASE NO.

FA8621-20-R-0002

7. ISSUED BY AFLCMC/WNS CODE FA8621 8. ADDRESS OFFER TO (If other than Item 7)

USAF/AFMC/AFLCMC

AF LIFE CYCLE MANAGEMENT CENTER

2300 D STREET

WRIGHT-PATTERSON AFB OH 45433-7249

KAITLYN WOLFE 937-255-0330

KAITLYN.WOLFE@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 22

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

C DESCRIPTION/SPECS./WORK STATEMENT 14 J LIST OF ATTACHMENTS 33

D PACKAGING AND MARKING 15 PART IV - REPRESENTATIONS AND INSTRUCTIONS

E INSPECTION AND ACCEPTANCE 16 K REPRESENTATIONS, CERTIFICATIONS, K - 1

F DELIVERIES OR PERFORMANCE 17 AND OTHER STATEMENTS OF OFFERORS

G CONTRACT ADMINISTRATION DATA 18 L INSTRS, CONDS, AND NOTICES TO OFFERORS L - 1

H SPECIAL CONTRACT REQUIREMENTS 21 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 7.3.1300 FAR (48 CFR) 53.21(c) Created 02 Mar 2021 3:32 PM

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION B FA8621-20-R-0002

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

1000 __________ Noun: HELP DESK SUPPORT, PROGRAM MGMT, CONFIGURATION MGMT

PSC: R412

DD1423 is Exhibit: A Contract type: J - FIRM FIXED PRICE Completion Date: 31 DEC 2022 Descriptive Data:

This CLIN includes Help Desk Support, Program Management and Configuration Management. The contract shall establish help desk support for receiving calls when chamber maintenance issues arise. The contractor shall have full responsibility for ensuring the help desk support, program management and configuration management is completed in accordance with the Section J, Exhibit A - Contract Data Requirements List (CDRL), Section J, Attachment 1 - Performance Work Statement, and all other applicable documents.

Period of Performance: 01 January 2022 - 31 December 2022

1001 OPTION CLIN __________

Noun: HELP DESK SUPPORT, PROGRAM MGMT, CONFIGURATION MGMT

PSC: R412

DD1423 is Exhibit: A Descriptive Data:

This CLIN includes Help Desk Support, Program Management and Configuration Management. The contract shall establish help desk support for receiving calls when chamber maintenance issues arise. The contractor shall have full responsibility for ensuring the help desk support, program management and configuration management is completed in accordance with the Section J, Exhibit A - Contract Data Requirements List (CDRL), Section J, Attachment 1 - Performance Work Statement, and all other applicable

Period of Performance: 01 January 2023 - 31 December 2023

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

1002 OPTION CLIN __________

Noun: HELP DESK SUPPORT, PROGRAM MGMT, CONFIGURATION MGMT

PSC: R412

NSN: N - Not Applicable Contract type: J - FIRM FIXED PRICE Inspection: DESTINATION Acceptance: DESTINATION

FOB: DESTINATION

Descriptive Data:

This CLIN includes Help Desk Support, Program Management and Configuration Management. The contract shall establish help desk support for receiving calls when chamber maintenance issues arise. The contractor shall have full responsibility for ensuring the help desk support, program management and configuration management is completed in accordance with the Section J, Exhibit A - Contract Data Requirements List (CDRL), Section J, Attachment 1 - Performance Work Statement, and all other applicable

Period of Performance: 01 January 2024 - 31 December 2024

1003 OPTION CLIN __________

CONFIGURATION MGMT

PSC: R412

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

FOB: DESTINATION

Descriptive Data:

This CLIN includes Help Desk Support, Program Management and Configuration Management. The contract shall establish help desk support for receiving calls when chamber maintenance issues arise. The contractor shall have full responsibility for ensuring the help desk support, program management and configuration management is completed in accordance with the Section J, Exhibit A - Contract Data Requirements List (CDRL), Section J, Attachment 1 - Performance Work Statement, and all other applicable

Period of Performance: 01 January 2025 - 31 December 2025

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

1004 OPTION CLIN __________

Noun: HELP DESK SUPPORT, PROGRAM MGMT, CONFIGURATION MGMT

PSC: R412

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

FOB: DESTINATION

Descriptive Data:

This CLIN includes Help Desk Support, Program Management and Configuration Management. The contract shall establish help desk support for receiving calls when chamber maintenance issues arise. The contractor shall have full responsibility for ensuring the help desk support, program management and configuration management is completed in accordance with the Section J, Exhibit A - Contract Data Requirements List (CDRL), Section J, Attachment 1 - Performance Work Statement, and all other applicable

Period of Performance: 01 January 2026 - 31 December 2026

1005 OPTION CLIN __________

CONFIGURATION MGMT

PSC: R412

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

FOB: DESTINATION

Descriptive Data:

This CLIN includes Help Desk Support, Program Management and Configuration Management. The contract shall establish help desk support for receiving calls when chamber maintenance issues arise. The contractor shall have full responsibility for ensuring the help desk support, program management and configuration management is completed in accordance with the Section J, Exhibit A - Contract Data Requirements List (CDRL), Section J, Attachment 1 - Performance Work Statement, and all other applicable

Period of Performance: 01 January 2027 - 31 December 2027

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

2000 __________ Noun: SCHEDULED CLS, TASK ORDER, ENGINEERING

SUPPORT

PSC: R412

DD1423 is Exhibit: A Contract type: J - FIRM FIXED PRICE Completion Date: 31 DEC 2022 Descriptive Data:

This CLIN includes Scheduled Contractor Logistics Support (CLS), Engineering Drawing Support, Supply Support and Related Travel. The contractor shall provide Scheduled CLS by conducting site visits to perform necessary, routine repairs. The contractor shall have full responsibilility for ensuring Scheduled CLS is completed in accordance with the Section J, Exhibit A - Contract Data Requirements List (CDRL), Section J, Attachment 1 -

Performance Work Statement, and all other applicable documents.

2001 OPTION CLIN __________

Noun: SCHEDULED CLS, TASK ORDER, ENGINEERING

SUPPORT

PSC: R412

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

FOB: DESTINATION

Descriptive Data:

This CLIN includes Scheduled Contractor Logistics Support (CLS), Engineering Drawing Support, Supply Support and Related Travel. The contractor shall provide Scheduled CLS by conducting site visits to perform necessary, routine repairs. The contractor shall have full responsibilility for ensuring Scheduled CLS is completed in accordance with the Section J, Exhibit A - Contract Data Requirements List (CDRL), Section J, Attachment 1 -

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

2002 OPTION CLIN __________

Noun: SCHEDULED CLS, TASK ORDER, ENGINEERING

SUPPORT

PSC: R412

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

FOB: DESTINATION

Descriptive Data:

This CLIN includes Scheduled Contractor Logistics Support (CLS), Engineering Drawing Support, Supply Support and Related Travel. The contractor shall provide Scheduled CLS by conducting site visits to perform necessary, routine repairs. The contractor shall have full responsibilility for ensuring Scheduled CLS is completed in accordance with the

2003 OPTION CLIN __________

SUPPORT

PSC: R412

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

FOB: DESTINATION

Descriptive Data:

This CLIN includes Scheduled Contractor Logistics Support (CLS), Engineering Drawing Support, Supply Support and Related Travel. The contractor shall provide Scheduled CLS by conducting site visits to perform necessary, routine repairs. The contractor shall have full responsibilility for ensuring Scheduled CLS is completed in accordance with the

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

2004 OPTION CLIN __________

Noun: SCHEDULED CLS, TASK ORDER, ENGINEERING

SUPPORT

PSC: R412

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

FOB: DESTINATION

Descriptive Data:

This CLIN includes Scheduled Contractor Logistics Support (CLS), Engineering Drawing Support, Supply Support and Related Travel. The contractor shall provide Scheduled CLS by conducting site visits to perform necessary, routine repairs. The contractor shall have full responsibilility for ensuring Scheduled CLS is completed in accordance with the

2005 OPTION CLIN __________

SUPPORT

PSC: R412

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

FOB: DESTINATION

Descriptive Data:

This CLIN includes Scheduled Contractor Logistics Support (CLS), Engineering Drawing Support, Supply Support and Related Travel. The contractor shall provide Scheduled CLS by conducting site visits to perform necessary, routine repairs. The contractor shall have full responsibilility for ensuring Scheduled CLS is completed in accordance with the

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

3000 __________ Noun: UNSCHEDULED CLS, TASK ORDER, ENGINEERING

SUPPORT

PSC: R412

DD1423 is Exhibit: A Contract type: Y - TIME AND MATERIALS Completion Date: 31 DEC 2022 Descriptive Data:

This CLIN includes Unscheduled Contractor Logistics Support (CLS), Engineering Drawing Support, Supply Support and Related Travel. The contractor shall provide Emergency CLS by conducting site visits to perform repairs. The contractor shall have full responsibilility for ensuring Emergency CLS is completed in accordance with the Section J, Exhibit A - Contract Data Requirements List (CDRL), Section J, Attachment 1 - Performance Work Statement, and all other applicable documents.

T&M rates, as provided by the contractor in Section J, Attachment 4 - Pricing Matrix, shall apply to work performed under this CLIN.

Total for CLIN 3000: $200,000 (NTE)

3001 OPTION CLIN __________

Noun: UNSCHEDULED CLS, TASK ORDER, ENGINEERING

SUPPORT

PSC:

NSN: N - Not Applicable DD1423 is Exhibit: A Contract type: Y - TIME AND MATERIALS Inspection: DESTINATION Acceptance: DESTINATION

FOB: DESTINATION

Descriptive Data:

This CLIN includes Unscheduled Contractor Logistics Support (CLS), Engineering Drawing Support, Supply Support and Related Travel. The contractor shall provide Emergency CLS by conducting site visits to perform repairs. The contractor shall have full responsibilility for ensuring Emergency CLS is completed in accordance with the Section J, Exhibit A - Contract Data Requirements List (CDRL), Section J, Attachment 1 - Performance Work Statement, and all other applicable documents.

T&M rates, as provided by the contractor in Section J, Attachment 4 - Pricing Matrix, shall

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

3002 OPTION CLIN __________

Noun: UNSCHEDULED CLS, TASK ORDER, ENGINEERING

SUPPORT

PSC: R412

NSN: N - Not Applicable DD1423 is Exhibit: A Contract type: Y - TIME AND MATERIALS Inspection: DESTINATION Acceptance: DESTINATION

FOB: DESTINATION

Descriptive Data:

This CLIN includes Unscheduled Contractor Logistics Support (CLS), Engineering Drawing Support, Supply Support and Related Travel. The contractor shall provide Emergency CLS by conducting site visits to perform repairs. The contractor shall have full responsibilility for ensuring Emergency CLS is completed in accordance with the Section J, Exhibit A - Contract Data Requirements List (CDRL), Section J, Attachment 1 - Performance Work Statement, and all other applicable documents.

T&M rates, as provided by the contractor in Section J, Attachment 4 - Pricing Matrix, shall

3003 OPTION CLIN __________

Noun: UNSCHEDULED CLS, TASK ORDER, ENGINEERING

SUPPORT

PSC: R412

NSN: N - Not Applicable DD1423 is Exhibit: A Contract type: Y - TIME AND MATERIALS Inspection: DESTINATION Acceptance: DESTINATION

FOB: DESTINATION

Descriptive Data:

This CLIN includes Unscheduled Contractor Logistics Support (CLS), Engineering Drawing Support, Supply Support and Related Travel. The contractor shall provide Emergency CLS by conducting site visits to perform repairs. The contractor shall have full responsibilility for ensuring Emergency CLS is completed in accordance with the Section J, Exhibit A - Contract Data Requirements List (CDRL), Section J, Attachment 1 - Performance Work Statement, and all other applicable documents.

T&M rates, as provided by the contractor in Section J, Attachment 4 - Pricing Matrix, shall

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

3004 OPTION CLIN __________

Noun: UNSCHEDULED CLS, TASK ORDER, ENGINEERING

SUPPORT

PSC: R412

NSN: N - Not Applicable DD1423 is Exhibit: A Contract type: Y - TIME AND MATERIALS Inspection: DESTINATION Acceptance: DESTINATION

FOB: DESTINATION

Descriptive Data:

This CLIN includes Unscheduled Contractor Logistics Support (CLS), Engineering Drawing Support, Supply Support and Related Travel. The contractor shall provide Emergency CLS by conducting site visits to perform repairs. The contractor shall have full responsibilility for ensuring Emergency CLS is completed in accordance with the Section J, Exhibit A - Contract Data Requirements List (CDRL), Section J, Attachment 1 - Performance Work Statement, and all other applicable documents.

T&M rates, as provided by the contractor in Section J, Attachment 4 - Pricing Matrix, shall

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

3005 OPTION CLIN __________

Noun: UNSCHEDULED CLS, TASK ORDER, ENGINEERING

SUPPORT

PSC: R412

NSN: N - Not Applicable DD1423 is Exhibit: A Contract type: Y - TIME AND MATERIALS Inspection: DESTINATION Acceptance: DESTINATION

FOB: DESTINATION

Descriptive Data:

This CLIN includes Unscheduled Contractor Logistics Support (CLS), Engineering Drawing Support, Supply Support and Related Travel. The contractor shall provide Emergency CLS by conducting site visits to perform repairs. The contractor shall have full responsibilility for ensuring Emergency CLS is completed in accordance with the Section J, Exhibit A - Contract Data Requirements List (CDRL), Section J, Attachment 1 - Performance Work Statement, and all other applicable documents.

T&M rates, as provided by the contractor in Section J, Attachment 4 - Pricing Matrix, shall

4000 OPTION CLIN __________

Noun: OPTION TO EXTEND SERVICES - 6 MONTHS

PSC:

NSN: N - Not Applicable Contract type: J - FIRM FIXED PRICE Inspection: DESTINATION Acceptance: DESTINATION

FOB: DESTINATION

Descriptive Data:

Option to extend the term of the contract in accordance with FAR 52.217-08.

5000 OPTION CLIN __________

Noun: TRANSITION - CONTRACT RAMP UP

PSC:

NSN: N - Not Applicable Contract type: J - FIRM FIXED PRICE Inspection: DESTINATION Acceptance: DESTINATION

FOB: DESTINATION

Descriptive Data:

The contractor shall ramp up in accordance with PWS, paragraph 3.6

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

5001 OPTION CLIN __________

Noun: TRANSITION - CONTRACT RAMP DOWN

PSC:

NSN: N - Not Applicable Contract type: J - FIRM FIXED PRICE Inspection: DESTINATION Acceptance: DESTINATION

FOB: DESTINATION

Descriptive Data:

The contractor shall ramp down in accordance with PWS, paragraph 3.6

NO CLAUSES OR PROVISIONS IN THIS SECTION

SECTION C - DESCRIPTION/SPECS./WORK STATEMENT

SECTION C FA8621-20-R-0002

SECTION D - PACKAGING AND MARKING

SECTION D FA8621-20-R-0002

SECTION E - INSPECTION AND ACCEPTANCE

SECTION E FA8621-20-R-0002

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

FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES

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

52.246-06 INSPECTION -- TIME-AND-MATERIAL AND LABOR-HOUR (MAY 2001)

SECTION F - DELIVERIES OR PERFORMANCE

SECTION F FA8621-20-R-0002

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)

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)

Applies to Firm-Fixed-Price CLIN(s) only.

SECTION G - CONTRACT ADMINISTRATION DATA

SECTION G FA8621-20-R-0002

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.

Combo

(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.

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 HQ0338 Issue By DoDAAC FA8621 Admin DoDAAC TBD Inspect By DoDAAC FA8621 Ship To Code FA8621 Ship From Code FA8621 Mark For Code FA8621 Service Approver (DoDAAC) FA8621 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.

TBD

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

SECTION H - SPECIAL CONTRACT REQUIREMENTS

SECTION H FA8621-20-R-0002

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

SECTION I FA8621-20-R-0002

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.1600; Issued: 12/3/2019; 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 (JUN 2020)

52.203-03 GRATUITIES (APR 1984)

52.203-06 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUN 2020)

- ALTERNATE I (OCT 1995)

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 (DEVIATION 2018-O0018)

(AUG 2018)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO

INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (JUN 2020)

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)

52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS (OCT 2016)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS

(DEC 2014)

52.204-23 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)

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

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

ALTERNATE I (JAN 2017)

Alt I, para (a)(4). Portion of labor rate attributable to profit. ' TBD%' Alt I, Para (e)(1)(iii)(D). Insert any subcontracts excluded from hourly rates 'TBD' Alt I. Para (i)( 1)(ii)(D)(1). Insert elements of other direct costs. 'TBD' Alt I. Para (i)(1)(ii)(D)(2). Insert fixed amount for indirect costs and payment schedule.

'TBD'

52.215-02 AUDIT AND RECORDS -- NEGOTIATION (JUN 2020)

52.216-07 ALLOWABLE COST AND PAYMENT (AUG 2018)

Applies to Time-and-Materials CLIN(s) only.

52.217-08 OPTION TO EXTEND SERVICES (NOV 1999)

Period of time. '60'

52.219-08 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2018)

52.219-14 LIMITATIONS ON SUBCONTRACTING (DEVIATION 2020-O0008) (MAR 2020)

Para (g)(1), Contracting Officer check as appropriate 'Yes' Para (g)(1), Contracting Officer check as appropriate 'No'

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (NOV 2020)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (NOV 2020) -

ALTERNATE I (MAR 2020)

Para (h)(1), NAICS codes '541330'

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

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)

52.222-41 SERVICE CONTRACT LABOR STANDARDS (AUG 2018)

52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT LABOR STANDARDS -

PRICE ADJUSTMENT (MULTIPLE YEAR AND OPTION CONTRACTS) (AUG 2018)

Applies to Firm-Fixed-Price CLIN(s) only.

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (OCT 2015)

52.223-02 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND

CONSTRUCTION CONTRACTS (SEP 2013)

52.223-05 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011)

52.223-06 DRUG-FREE WORKPLACE (MAY 2001)

52.227-01 AUTHORIZATION AND CONSENT (JUN 2020)

52.227-02 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT

INFRINGEMENT (JUN 2020)

52.228-05 INSURANCE -- WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

Applies to Firm-Fixed-Price CLIN(s) only.

52.229-03 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)

Applies to Firm-Fixed-Price CLIN(s) only.

52.232-01 PAYMENTS (APR 1984)

Applies to Firm-Fixed-Price CLIN(s) only.

52.232-07 PAYMENTS UNDER TIME-AND-MATERIALS AND LABOR-HOUR CONTRACTS (AUG

2012) Applies to Time-and-Materials CLIN(s) only.

52.232-08 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)

Applies to Firm-Fixed-Price CLIN(s) only.

52.232-11 EXTRAS (APR 1984)

Applies to Firm-Fixed-Price CLIN(s) only.

52.232-17 INTEREST (MAY 2014)

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

52.232-20 LIMITATION OF COST (APR 1984)

52.232-22 LIMITATION OF FUNDS (APR 1984)

52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)

52.232-25 PROMPT PAYMENT (JAN 2017)

52.233-01 DISPUTES (MAY 2014)

52.233-03 PROTEST AFTER AWARD (AUG 1996)

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

52.237-02 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT AND VEGETATION

(APR 1984)

52.242-03 PENALTIES FOR UNALLOWABLE COSTS (MAY 2014)

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

Applies to Time-and-Materials CLIN(s) only.

52.242-13 BANKRUPTCY (JUL 1995)

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

Applies to Firm-Fixed-Price CLIN(s) only.

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

52.243-03 CHANGES -- TIME-AND-MATERIALS OR LABOR-HOURS (SEP 2000)

Applies to Time-and-Materials CLIN(s) only.

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: 'TBD' Para (j), Insert subcontracts evaluated during negotiations. 'TBD'

52.244-05 COMPETITION IN SUBCONTRACTING (DEC 1996)

Applies to Time-and-Materials CLIN(s) only.

52.245-01 GOVERNMENT PROPERTY (JAN 2017)

52.245-09 USE AND CHARGES (APR 2012)

52.246-23 LIMITATION OF LIABILITY (FEB 1997)

52.246-25 LIMITATION OF LIABILITY -- SERVICES (FEB 1997)

52.249-02 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (APR

2012) Applies to Firm-Fixed-Price CLIN(s) only.

52.249-03 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (DISMANTLING,

DEMOLITION, OR REMOVAL OF IMPROVEMENTS) (APR 2012)

52.249-04 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (SERVICES)(SHORT

FORM) (APR 1984)

Applies to Firm-Fixed-Price CLIN(s) only.

52.249-06 TERMINATION (COST-REIMBURSEMENT) (MAY 2004) - ALTERNATE IV (SEP 1996)

Applies to Time-and-Materials CLIN(s) only.

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

Applies to Firm-Fixed-Price CLIN(s) only.

52.249-14 EXCUSABLE DELAYS (APR 1984)

Applies to Time-and-Materials CLIN(s) only.

B. DEFENSE FEDERAL ACQUISITION REGULATION SUPPLEMENT CONTRACT CLAUSES

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

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)

252.203-7004 DISPLAY OF HOTLINE POSTERS (AUG 2019)

252.204-7000 DISCLOSURE OF INFORMATION (OCT 2016)

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

2019)

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 (DEC 2019)

252.204-7020 NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (NOV 2020)

252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (DEC

1991)

252.208-7000 INTENT TO FURNISH PRECIOUS METALS AS GOVERNMENT- FURNISHED

MATERIAL (DEC 1991)

Para (b), Precious Metal, Quantity, Deliverable Item (NSN and Nomenclature): 'TBD'

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)

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

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

WHISTLEBLOWER PROCEEDING (SEP 2013)

Applies to Time-and-Materials CLIN(s) only.

252.223-7006 PROHIBITION ON STORAGE, TREATMENT, AND DISPOSAL OF TOXIC OR

HAZARDOUS MATERIALS - BASIC (SEP 2014)

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

252.225-7009 RESTRICTION ON ACQUISITION OF CERTAIN ARTICLES CONTAINING SPECIALTY

METALS (DEC 2019)

252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (DEC 2017)

252.225-7017 PHOTOVOLTAIC DEVICES (DEVIATION 2020-O0019) (JUL 2020)

252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC

ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS (APR 2019)

252.231-7000 SUPPLEMENTAL COST PRINCIPLES (DEC 1991)

252.242-7006 ACCOUNTING SYSTEM ADMINISTRATION (FEB 2012)

Applies to Time-and-Materials CLIN(s) only.

252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)

Applies to Firm-Fixed-Price CLIN(s) only.

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012)

252.244-7001 CONTRACTOR PURCHASING SYSTEM ADMINISTRATION - BASIC (MAY 2014)

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

(APR 2012)

252.245-7002 REPORTING LOSS OF GOVERNMENT PROPERTY (DEVIATION 2020-O0004) (FEB

2020)

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'

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.

'Col Sean Tucker, Deputy Director, Acquisition Excellence & Program Execution Directorate, AFLCMC/AQ-AZ'

5352.223-9001 HEALTH AND SAFETY ON GOVERNMENT INSTALLATIONS (OCT 2019)

5352.242-9001 COMMON ACCESS CARDS (CAC) FOR CONTRACTOR PERSONNEL-AF SYSTEMS

(OCT 2019)

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

FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES IN FULL TEXT

52.211-15 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).

52.212-04 ADDENDUM TO CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (DEC

2014)

52.212-4, Contract Terms and Conditions -- Commercial Items is hereby tailored as follows:

(a) The place of inspection, acceptance, and FOB is TBD .

TBD

52.212-05 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (NOV 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L.

115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

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 30; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 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 6 years and 6 months.

52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A

WAGE DETERMINATION

Employee Class Monetary Wage - Fringe Benefits See Attachment 10

DEFENSE FAR SUPP CONTRACT CLAUSES IN FULL TEXT

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 those identified in paragraphs (b)(1) and (2) of this clause, may be required to provide adequate security in a dynamic environment or to accommodate special circumstances (e.g., medical devices) and any individual, isolated, or temporary deficiencies based on an assessed risk or vulnerability. These measures may be addressed in a system security plan.

(c) Cyber incident reporting requirement.

(1) When the Contractor discovers a cyber incident that affects a covered contractor information system or the covered defense information residing therein, or that affects the contractor’s ability to perform the requirements of the contract that are designated as operationally critical support and identified in the contrac, the Contractor shall—

(i) Conduct a review for evidence of compromise of covered defense information, including, but not limited to, identifying compromised computers, servers, specific data, and user accounts. This review shall also include analyzing covered contractor information system(s) that were part of the cyber incident, as well as other information systems on the Contractor’s network(s), that may have been accessed as a result of the incident in order to identify compromised covered defense information, or that affect the Contractor’s ability to provide operationally critical support; and

(ii) Rapidly report cyber incidents to DoD at https://dibnet.dod.mil.

(2) Cyber incident report. The cyber incident report shall be treated as information created by or for DoD and shall include, at a minimum, the required elements at https://dibnet.dod.mil.

(3) Medium assurance certificate requirement. In order to report cyber incidents in accordance with this clause, the Contractor or subcontractor shall have or acquire a DoD-approved medium assurance certificate to report cyber incidents. For information on obtaining a DoD-approved medium assurance certificate, see https://public.cyber.mil/eca/.

(d) Malicious software. When the Contractor or subcontractors discover and isolate malicious software in connection with a reported cyber incident, submit the malicious software to DoD Cyber Crime Center (DC3) in accordance with instructions provided by DC3 or the Contracting Officer. Do not send the malicious software to the Contracting Officer.

(e) Media preservation and protection. When a Contractor discovers a cyber incident has occurred, the Contractor shall preserve and protect images of all known affected information systems identified in paragraph (c)(1)(i) of this clause and all relevant monitoring/packet capture data for at least 90 days from the submission of the cyber incident report to allow DoD to request the media or decline interest.

(f) Access to additional information or equipment necessary for forensic analysis. Upon request by DoD, the Contractor shall provide DoD with access to additional information or equipment that is necessary to conduct a forensic analysis.

(g) Cyber incident damage assessment activities. If DoD elects to conduct a damage assessment, the Contracting Officer will request that the Contractor provide all of the damage assessment information gathered in accordance with paragraph (e) of this clause.

(h) DoD safeguarding and use of contractor attributional/proprietary information. The Government shall protect against the unauthorized use or release of information obtained from the contractor (or derived from information obtained from the contractor) under this clause that includes contractor attributional/proprietary information, including such information submitted in accordance with paragraph (c). To the maximum extent practicable, the Contractor shall identify and mark attributional/proprietary information.