BAA-AFRL-RQKM-2016-0010-Atch1.pdf

1. THIS CONTRACT IS A RATED ORDER

I

RATING

I

PAG

E of PAGES

AWARD I CONTRACT UNDER DPAS (15 CFR 350)

2. CONTRACT (PROC. INST. IDENT.) NO. 3. EFFECTIVE DATE

FA8650-16-D-TOPS

5. ISSUED BY AFRL/RQKMS CODE

USAF/AFMC

AFRL WRIGHT RESEARCH SITE

2130 EIGHTH STREET, BUILDING 45

WRIGHT-PATTERSON AFB OH 45433-7541

MARY ANN SHARITS 937-713-9898

mary.sharits@us.af.mil

FA8650

• DO-C9 I 18

4. REQUISITION I PURCHASE REQUEST I PROJECT NO.

See Section G

6. ADMINISTERED BY (IF OTHER THAN ITEM 5) CODE

SCD: C PAS: (NONE)

7. NAME AND ADDRESS OF CONTRACTOR (NO., STREET, CITY, COUNTY, STATE AND ZIP CODE) 8. DELIVERY n FOB Origin IX! Other (see below)

9. DISCOUNT FOR PROMPT PAYMENT

N

10. SUBMIT INVOICES ITEM

(4 COPIES UNLESS OTHERWISE

i--~~--~~~~~~~~~~~~~~~~~~r-~~~~~~~~~~~~~~~ SPECIFIED) TO

~4:) ) - -COD1~Cl~:on;M: =L ~~~ ~ M •

See Block

13. AUTHORITY FOR OTHER THAN FULL AND OPEN COMPETITION

15A. ITEM NO

See Section B

15B. SUPPLIES/SERVICES

ODE

EFT: T

14. ACCOUNTING AND APPROPRIATION DATA

15C. QUANTITY I 15D. UNIT I 15E. UNIT PRICE I 15F. AMOUNT

15G. TOTAL AMOUNT OF CONTRACT

16. Table of Contents

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

PART I - THE SCHEDULE PART II- CONTRACT CLAUSES

"\ A SOLICITATION/CONTRACT FORM 1 ·'1 I CONTRACT CLAUSES 1

"\J 8 SUPPLIES OR SERVICES AND PRICES/COSTS 2 PART Ill - LIST OF DOCUMENTS, EXHIBITS & ATTACHMENTS

"\J c DESCRIPTION/SPECS./WORK STATEMENT 6 ·.J J LIST OF ATTACHMENTS 18

"\J D PACKAGING AND MARKING 7 PART IV - REPRESENTATIONS AND INSTRUCTIONS

"\ E INSPECTION AND ACCEPTANCE 8 K REPRESENTATIONS, CERTIFICATIONS AND

"\ F DELIVERIES OR PERFORMANCE 9 OTHER STATEMENTS OF OFFERORS

"\ G CONTRACT ADMINISTRATION DATA 10 L INSTRS., CONDS., AND NOTICES TO

\ H SPECIAL CONTRACT REQUIREMENTS 13 M EVALUATION FACTORS FOR AWARD

CONTRACTING OFFICER WILL COMPLETE ITEM 17OR18 AS APPLICABLE

17. ~ Contractor's Negotiated Agreement 18. D Award (Contractor is not required to sign this document).

(Contractor is required to sign this document and return 1 copies to issuing office).

Contractor agrees to furnish and deliver all items or perform all services set forth or otherwise identified above and on any continuation sheets for the consideration stated herein. The rights and obligations of the parties to this contract shall be subject to and governed by the following documents: (a) this award/contract, (b) the solicitation, if any, and (c) such provisions, representations, certifications, and specifications, as are attached or incorporated by reference herein. (Attachments are listed herein.)

19A. NAME AND TITLE OF SIGNER (TYPE OR PRINT)

198. Name of Contractor by~~~--~~~~~~~~~ (signature of person authorized to sign)

NSN 7540-01-152-8069

Previous Editions unusable ConWrite Version 6.14.5

19C. Date Signed

Your offer on solicitation number _including the additions or changes made by you which additions or changes set forth in full above, is hereby accepted as to items listed above and on any continuation sheets. This award consummates the contract which consists of the following documents: (a) the Government's solicitation and your offer, and (b) this award/contract. No further contractual document is necessary.

20A. NAME OF CONTRACTING OFFICER

MARY ANN SHARITS

208. United States of America 20C. Date Signed

(signature of Contracting Officer)

STANDARD FORM 26 (Rev 4-85) Prescribed by GSA FAR (48 CFR) 53.214(a) Created 30 Mar 2016 2:35 PM

PART I-THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

ITEM

Qty SUPPLIES OR SERVICES Purch Unit

Unit Price Total Item Amount

Noun:

PSC:

NSN:

DD1423 is Exhibit:

Contract type:

Inspection:

Acceptance:

FOB:

Descriptive Data:

RESEARCH AND DEVELOPMENT-3600 FUNDING

AC11

N - Not Applicable A

U - COST PLUS FIXED FEE

DESTINATION

DESTINATION

DESTINATION

Conduct research in accordance with Section J, Attachment 1 Statement of Work, entitled, "Technical Operations V (TOPS V)" dated INSERT DATE. Specific deliverables will be specified on individual task orders.

Deliver data in accordance with Exhibit A, Contract Data Requirements List, DD Form 1423-1 dated INSERT DATE, as required by individual task orders.

Noun:

PSC:

NSN:

001423 is Exhibit:

Contract type:

Inspection:

Acceptance:

FOB:

Descriptive Data:

RESEARCH AND DEVELOPMENT-3400 FUNDING

AC11

N - Not Applicable A

U - COST PLUS FIXED FEE

DESTINATION

DESTINATION

DESTINATION

Conduct research in accordance with Section J, Attachment 1 Statement of Work, entitled, "Technical Operations V (TOPS V)" dated INSERT DATE. Specific deliverables will be specified on individual task orders.

Deliver data in accordance with Exhibit A, Contract Data Requirements List, DD Form 1423-1 dated INSERT DATE, as required by individual task orders.

SECTION B FA8650-16-D-TOPS

PAGE2OF18

PART I- THE SCHEDULE

ITEM

Qty SUPPLIES OR SERVICES Purch Unit

Noun:

PSC:

NSN:

DD1423 is Exhibit:

Contract type:

Inspection:

Acceptance:

FOB:

Descriptive Data:

HARDWARE

AC11

N - Not Applicable A

U - COST PLUS FIXED FEE

DESTINATION

DESTINATION

DESTINATION

Unit Price Total Item Amount

Deliver hardware in accordance with Section J, Attachment 1, Statement of Work entitled, "Technical Operations V (TOPS V)," dated INSERT DATE. Specific deliverables will be specified on individual task orders.

In accordance with DFARS 252.211-7003, "Item Identification and Valuation (DEC 2013)," the contractor shall provide DoD unique item identification, or a DoD recognized unique identification equivalent for all delivered items for which the Government's unit acquisition cost is $5,000 or more. See Attachment 7, List of Deliverable Addresses for delivery instructions.

Noun:

PSC:

NSN:

DD1423 is Exhibit:

Contract type:

Inspection:

Acceptance:

FOB:

Descriptive Data:

SOFTWARE

AC11

N - Not Applicable A

U - COST PLUS FIXED FEE

DESTINATION

DESTINATION

DESTINATION

Deliver software to include the source code and the excutable software programs in accordance with Section J, Attachment 1, Statement of Work entitled, "Technical Operations V (TOPS V)," dated INSERT DATE. Specific deliverables will be specified on individual task orders. See Attachment 7, List of Deliverable Addresses for delivery instructions.

ITEM

Qty SUPPLIES OR SERVICES Purch Unit

Noun:

PSC:

NSN:

DD1423 is Exhibit:

Contract type:

Inspection:

Acceptance:

FOB:

Descriptive Data:

SAMPLES

N - Not Applicable A

U - COST PLUS FIXED FEE

DESTINATION

DESTINATION

DESTINATION

Unit Price Total Item Amount

Deliver samples in accordance with Section J, Attachment 1, Statement of Work entitled, "Technical Operations V (TOPS V)," dated INSERT DATE. Specific deliverables will be specified on individual task orders.

In accordance with DFARS 252.211-7003, "Item Identification and Valuation (DEC 2013)," the contractor shall provide DoD unique item identification, or a DoD recognized unique identification equivalent for all delivered items for which the Government's unit acquisition cost is $5,000 or more. See Attachment 7, List of Deliverable Addresses for delivery instructions.

Noun:

PSC:

NSN:

DD1423 is Exhibit:

Contract type:

Inspection:

Acceptance:

FOB:

Descriptive Data:

RESIDUAL MATERIAL

N - Not Applicable A

U - COST PLUS FIXED FEE

DESTINATION

DESTINATION

DESTINATION

Deliver residual material in accordance with Section J, Attachment 1, Statement of Work entitled, "Technical Operations V (TOPS V)," dated INSERT DATE. Specific deliverables will be specified on individual task orders.

In accordance with DFARS 252.211-7003, "Item Identification and Valuation (DEC 2013)," the contractor shall provide DoD unique item identification, or a DoD recognized unique identification equivalent for all delivered items for which the Government's unit acquisition cost is $5,000 or more. See Attachment 7, List of Deliverable Addresses for delivery instructions.

This model contract is representative of a Cost Plus Fixed Fee, Cost-Reimbursement, IDIQ.

Clauses capture large, small, non-profit, and educational institutes. The type of contract will be dependent upon the offeror's proposal. During negotiations, clauses may be deleted/added/updated.

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

FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES

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

OTHER CONTRACT CLAUSES IN FULL TEXT

8054 IMPLEMENTATION OF LIMITATION OF FUNDS (DEC 2005)

Pursuant to the clause FAR 52.232-22 in Section I, entitled, "Limitation of Funds", the total amount available for payment and allotted to this contract for CLINS __ through __ is __ . It is estimated that this amount is sufficient to cover performance through __ .

SECTION C - DESCRIPTION/SPECS./WORK ST A TEMENT

NO CLAUSES OR PROVISIONS IN THIS SECTION

SECTION C FA8650-16-D-TOPS

PAGE60F 18

SECTION D-PACKAGING AND MARKING

NO CLAUSES OR PROVISIONS IN THIS SECTION

SECTION D FA8650-16-D-TOPS

PARTI-THESCHEDULE

SECTION E- INSPECTION AND ACCEPTANCE

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

A. FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES

52.246-08 INSPECTION OF RESEARCH AND DEVELOPMENT -- COST-REIMBURSEMENT

(MAY 2001)

B. DEFENSE FEDERAL ACQUISITION REGULATION SUPPLEMENT CONTRACT CLAUSES

252.246-7000 MATERIAL INSPECTION AND RECEIVING REPORT (MAR 2008)

SECTION E FA8650-16-D-TOPS

SECTION F - DELIVERIES OR PERFORMANCE

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

FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES

STOP-WORK ORDER (AUG 1989)

STOP-WORK ORDER (AUG 1989) -ALTERNATE I (APR 1984)

F.O.B. ORIGIN (FEB 2006)

F.O.B. DESTINATION (NOV 1991)

52.242-15 52.242-15 52.247-29 52.247-34

52.247-65 F.O.B. ORIGIN, PREPAID FREIGHT -- SMALL PACKAGE SHIPMENTS (JAN 1991)

SECTION F FA8650-16-D-TOPS

PAGE90F 18

SECTION G - CONTRACT ADMINISTRATION DAT A

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

A. DEFENSE FAR SUPP CONTRACT CLAUSES IN FULL TEXT

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

(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.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by 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 .acquisition.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 must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

a. Use Cost Voucher with an invoice (or public voucher), supported by a statement of cost for performance shall be submitted to the cognizant Defense Contract Audit Agency (DCAA) office. Under the provisions of DFARS 242.803(b), the DCAA auditor, is designated as the authorized representative of the contracting officer (CO) for examining vouchers received directly from the contractor.

b. Use Receiving Report to fulfill DFARS 252.246-7000, Material Inspection and Receiving Report, and CORL A001 (Final Technical Report), Block 7 requirement for a 00250 ..

Note: If a "Combo" document type is identified but not supportable by the Contractor's business systems, an "Invoice" (stand-alone) and "Receiving Report" (stand-alone) document type may be used instead.)

SECTION G FA8650-16-D-TOPS

PAGE IOOF 18

SECTION G- CONTRACT ADMINISTRATION DATA

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

Destination

(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

Pay Official DoDAAC __ _ Issue By DoDAAC __ Admin DoDAAC Inspect By DoDAAC __ Ship To Code __ Ship From Code __ Mark For Code

Data to be entered in WAWF

Service Approver (DoDAAC) __ Service Acceptor (DoDAAC) __ Accept at Other DoDAAC __ LPO DoDAAC DCAA Auditor DoDAAC Other DoDAAC(s) N/A

DO NOT ATTACH TECHNICAL REPORTS TO WAWF-RA DOCUMENTS. YOU MAY ATTACH

FINANCIAL INFORMAITON SUPPORTING YOUR VOUCHER OR DOCUMENTS SUPPORTING

INSPECTION AND ACCEPTANCE.

A copy of the receiving report printed from WAWF-RA shall accompany each shipment which requires a DD Form 250/Receiving Report.

(*Contracting Officer: Insert applicable DoDAAC information or "See schedule" if multiple ship to/acceptance locations apply, or "Not applicable.")

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the "Send Additional Email Notifications" field of WAWF once a document is submitted in the system.

(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.

Program Manager email address Contract Negotiator/Contracting Officer email address Financial Manager email address

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

PAGE I I OF 18

SECTION G - CONTRACT ADMINISTRATION DAT A

B. OTHER CONTRACT CLAUSES IN FULL TEXT

252.204-0007 CONTRACT .;.WIDE: SEQUENTIAL ACRN ORDER (SEP 2009)

The payment office shall make payment in sequential ACRN order within the contract or order, exhausting all funds in the previous ACRN before paying from the next ACRN using the following sequential order: alpha/alpha; alpha/numeric; numeric/alpha; and numeric/numeric.

252.204-0008 CONTRACT-WIDE: CONTRACTING OFFICERSPECIFIED ACRN ORDER (SEP 2009)

The payment office shall make payment in sequential ACRN order within the contract or order, exhausting all funds in the previous ACRN before paying from the next ACRN in the sequence order specified below:

TBD

252.204-0009 CONTRACT .;.WIDE: BY FISCAL YEAR (SEP 2009)

The payment office shall make payment using the oldest fiscal year appropriations first, exhausting all funds in the previous fiscal year before disbursing from the next fiscal year. In the event there is more than one ACRN associated with the same fiscal year, the payment amount shall be disbursed from each ACRN within a fiscal year in the same proportion as the amount of funding obligated for each ACRN within the fiscal year.

252.204-0010 CONTRACT-WIDE: BY CANCELLATION DATE (SEP 2009)

The payment office shall make payment using the ACRN with the earliest cancellation date first, exhausting all funds in that ACRN before disbursing funds from the next. In the event there is more than one ACRN associated with the same cancellation date, the payment amount shall be disbursed from each ACRN with the same cancellation date in the same proportion as the amount of funding obligated for each ACRN with the same cancellation date.

252.204•0011 CONTRACT .-WIDE: PRORATION (SEP 2009)

The payment office shall make payment from each ACRN within the contract or order in the same proportion as the amount of funding currently unliquidated for each ACRN.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

NO CLAUSES OR PROVISIONS IN THIS SECTION

SECTION H FA8650-16-D-TOPS

PART II- CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

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

Database_Version: 6.14.x.3700; Issued: 3/3/2016; FAR: FAC 2005-86; DFAR: DPN20150226; DL.: DL 98-021;

Class Deviations: CD 2016-00006; AFFAR: 2002 Edition; AFAC: AFAC 2015-1001; 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 52.203-03 52.203-05 52.203-06 52.203-07 52.203-08

52.203-10 52.203-12

52.203-13 52.203-16 52.203-17

52.204-01

52.204-02 52.204-04

52.204-09 52.204-10

52.204-12 52.204-13 52.204-18 52.204-19

52.209-06

52.209-09

52.209-10

52.210-01 52.215-02 52.215-02 52.215-02 52.215-08 52.215-10

DEFINITIONS (NOV 2013)

GRATUITIES (APR 1984)

COVENANT AGAINST CONTINGENT FEES (MAY 2014)

RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)

ANTI-KICKBACK PROCEDURES (MAY 2014)

CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR

IMPROPER ACTIVITY (MAY 2014)

PRICE ORF EE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS

(OCT 2010)

CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (OCT 2015)

PREVENTING PERSONAL CONFLICTS OF INTEREST (DEC 2011)

CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO

INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)

APPROVAL OF CONTRACT (DEC 1 989)

Title of designated agency official here'?????'

SECURITY REQUIREMENTS (AUG 1996)

PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT

PAPER (MAY 2011)

PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT

AWARDS (OCT 2015)

DATA UNIVERSAL NUMBERING SYSTEM NUMBER MAINTENANCE (DEC 2012)

SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013)

COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2015)

INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS

(DEC 2014)

PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT

(OCT 2015)

UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY

MATTERS (JUL 2013)

PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS

(NOV 2015)

MARKET RESEARCH (APR 2011)

AUDIT AND RECORDS -- NEGOTIATION (OCT 2010)

AUDIT AND RECORDS -- NEGOTIATION (OCT 2010) -ALTERNATE I (MAR 2009)

AUDIT AND RECORDS -- NEGOTIATION (OCT 2010) - ALTERNATE II (APR 1998)

ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT (OCT 1997)

PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA (AUG

2011)

SECTION I FA8650-16-D-TOPS

PAGE I OF 18

PART II - CONTRACT CLAUSES

52.215-11

52.215-12 52.215-13

52.215-14 52.215-14 52.215-18

52.215-19 52.215-21

52.215-21

52.215-23 52.215-23

52.216-07 52.216-07

52.216-07

52.216-08 52.216-11 52.216-11 52.216-22

52.219-04

52.219-08 52.219-09 52.219-09

52.219-09

52.219-14 52.219-16 52.219-28 52.222-02

52.222-03 52.222-21 52.222-26 52.222-35 52.222-36 52.222-37 52.222-40

52.222-50 52.222-54 52.222-99 52.223-03

PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA-

MODIFICATIONS (AUG 2011)

SUBCONTRACTOR CERTIFIED COST OR PRICING DATA (OCT 2010)

SUBCONTRACTOR CERTIFIED COST OR PRICING DATA--MODIFICATIONS (OCT

2010)

INTEGRITY OF UNIT PRICES (OCT 2010)

INTEGRITY OF UNIT PRICES (OCT 2010) - ALTERNATE I (OCT 1997)

REVERSION OR ADJUSTMENT OF PLANS FOR POSTRETIREMENT BENEFITS

(PRB) OTHER THAN PENSIONS (JUL 2005)

NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)

REQUIREMENTS FOR CERTIFIED COST OR PRICING DATAAND DATA OTHER

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

REQUIREMENTS FOR CERTIFIED COST OR PRICING DATAAND DATA OTHER

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

ALTERNATE IV (OCT 2010)

Alt IV, (b), Description of the information and the format that are required: '?????'

LIMITATIONS ON PASS-THROUGH CHARGES (OCT 2009)

LIMITATIONS ON PASS-THROUGH CHARGES (OCT 2009) -ALTERNATE I (OCT

2009)

ALLOWABLE COST AND PAYMENT (JUN 2013)

ALLOWABLE COST AND PAYMENT (JUN 2013) -ALTERNATE II (AUG 2012)

Para (a) (3), Day prescribed by agency head, or "30th". '?????'

ALLOWABLE COST AND PAYMENT (JUN 2013) -ALTERNATE IV (AUG 2012)

Para (a) (3), Day prescribed by agency head, or "30th".'?????'

FIXED FEE (JUN 2011)

COST CONTRACT -- NO FEE (APR 1984)

COST CONTRACT -- NO FEE (APR 1984)-ALTERNATE I (APR 1984)

INDEFINITE QUANTITY (OCT 1995)

Para (d), Date is '96 months after effective date of contract award.'

NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS

CONCERNS (OCT 2014)

UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2014)

SMALL BUSINESS SUBCONTRACTING PLAN (OCT 2015)

SMALL BUSINESS SUBCONTRACTING PLAN (OCT 2014) -ALTERNATE II (OCT

2001) SMALL BUSINESS SUBCONTRACTING PLAN (OCT 2015) -ALTERNATE Ill (OCT 2015)

LIMITATIONS ON SUBCONTRACTING (NOV2011)

LIQUIDATED DAMAGES -- SUBCONTRACTING PLAN (JAN 1999)

POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013)

PAYMENT FOR OVERTIME PREMIUMS (JUL 1990)

Para (a), Dollar amount is '$0.00'

CONVICT LABOR (JUN 2003)

PROHIBITION OF SEGREGATED FACILITIES (APR 2015)

EQUAL OPPORTUNITY (APR 2015)

EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)

EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)

EMPLOYMENT REPORTS ON VETERANS (OCT 2015)

NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS

ACT (DEC 2010)

COMBATING TRAFFICKING IN PERSONS (MAR 2015)

EMPLOYMENT ELIGIBILITY VERIFICATION (OCT 2015)

ESTABLISHING A MINIMUM WAGE FOR CONTRACTORS (DEVIATION) (JUN 2014)

HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN

1997) Para (b), Material Identification No: '?????'

PAGE20F 18

52.223-05 52.223-05

52.223-06 52.223-18

52.223-19 52.225-03 52.225-05 52.225-13 52.227-01 52.227-01 52.227-02

52.227-11

52.227-21

52.228-05 52.228-07 52.230-02 52.230-05 52.230-06 52.232-17 52.232-20 52.232-22 52.232-23 52.232-25 52.232-33

52.232-39 52.232-40

52.233-01 52.233-03 52.233-03 52.233-04 52.237-02

52.242-01 52.242-03 52.242-04 52.242-13 52.243-02 52.243-02 52.243-07

52.244-02

52.244-05 52.244-06 52.245-01 52.245-01 52.245-01

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

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

ALTERNATE II (MAY 2011)

DRUG-FREE WORKPLACE (MAY 2001)

ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE

DRIVING (AUG 2011)

COMPLIANCE WITH ENVIRONMENTAL MANAGEMENT SYSTEMS (MAY 2011)

BUY AMERICAN - FREE TRADE AGREEMENTS - ISRAELI TRADE ACT (MAY 2014)

TRADE AGREEMENTS (NOV 2013)

RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

AUTHORIZATION AND CONSENT (DEC 2007)

AUTHORIZATION AND CONSENT (DEC 2007) -ALTERNATE I (APR 1984)

NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT

INFRINGEMENT (DEC 2007)

PATENT RIGHTS - OWNERSHIP BY THE CONTRACTOR (MAY 2014)

Para U), Communications:'?????'

TECHNICAL DATA DECLARATION, REVISION, AND WITHHOLDING OF PAYMENT -

MAJOR SYSTEMS (MAY 2014)

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

INSURANCE -- LIABILITY TO THIRD PERSONS (MAR 1996)

COST ACCOUNTING STANDARDS (OCT 2015)

COST ACCOUNTING STANDARDS - EDUCATIONAL INSTITUTION (OCT 2015)

ADMINISTRATION OF COST ACCOUNTING STANDARDS (JUN 2010)

INTEREST (MAY 2014)

LIMITATION OF COST (APR 1984)

LIMITATION OF FUNDS (APR 1984)

ASSIGNMENT OF CLAIMS (MAY 2014)

PROMPT PAYMENT (JUL 2013)

PAYMENT BY ELECTRONIC FUNDS TRANSFER- SYSTEM FOR AWARD

MANAGEMENT (JUL 2013)

UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013)

DISPUTES (MAY 2014)

PROTEST AFTER AWARD (AUG 1996)

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

APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT AND VEGETATION

(APR 1984)

NOTICE OF INTENT TO DISALLOW COSTS (APR 1984)

PENALTIES FOR UNALLOWABLE COSTS (MAY 2014)

CERTIFICATION OF FINAL INDIRECT COSTS (JAN 1997)

BANKRUPTCY (JUL 1995)

CHANGES -- COST-REIMBURSEMENT (AUG 1987)

CHANGES -- COST-REIMBURSEMENT (AUG 1987) -ALTERNATE V (APR 1984)

NOTIFICATION OF CHANGES (APR 1984)

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'

SUBCONTRACTS (OCT 2010)

Para (d), approval required on subcontracts: 'None' Para U), Insert subcontracts evaluated during negotiations. 'N/A'

COMPETITION IN SUBCONTRACTING (DEC 1996)

SUBCONTRACTS FOR COMMERCIAL ITEMS (DEC 2015)

GOVERNMENT PROPERTY (APR 2012)

GOVERNMENT PROPERTY (APR 2012) -ALTERNATE I (APR 2012)

GOVERNMENT PROPERTY (APR 2012) -ALTERNATE 11(APR2012)

USE AND CHARGES (APR 2012)

LIMITATION OF LIABILITY -- HIGH-VALUE ITEMS (FEB 1997)

COMMERCIAL BILL OF LADING NOTATIONS (FEB 2006)

52.245-09 52.246-24 52.247-01

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

Para (c). Insert address. '?????' 52.249-03

52.249-06 52.249-14 52.253-01

TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (DISMANTLING,

DEMOLITION, OR REMOVAL OF IMPROVEMENTS) (APR 2012)

TERMINATION (COST-REIMBURSEMENT) (MAY 2004)

EXCUSABLE DELAYS (APR 1984)

COMPUTER GENERATED FORMS (JAN 1991)

B. DEFENSE FEDERAL ACQUISITION REGULATION SUPPLEMENT CONTRACT CLAUSES

252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS

(SEP2011)

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 (DEC 2012)

252.203-7004 DISPLAY OF HOTLINE POSTERS (JAN 2015)

Para (b)(2). C.O. enters contact information. 'www.DoDIG.mil'

252.204-7000 DISCLOSURE OF INFORMATION (AUG 2013)

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

252.204-7005 ORAL ATTESTATION OF SECURITY RESPONSIBILITIES (NOV 2001)

252.204-7006 BILLING INSTRUCTIONS (OCT 2005)

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): '?????'

252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE

GOVERNMENT OF A COUNTRY THAT IS A STATE SPONSOR OF TERRORISM

(DEC 2014)

252.209-7005 RESERVE OFFICER TRAINING CORPS AND MILITARY RECRUITING ON CAMPUS

(MAR 2012)

252.209-7010 CRITICAL SAFETY ITEMS (AUG 2011)

Para (b). Aviation critical safety items.'?????'

252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (DEC 2013)

Para (c)(1)(i). Insert Contract Line, Subline, or Exhibit Line Item Number and Item Description or n/a. 'TBD on individual task order' Para (c)(1 )(ii). Identify Contract Line, Sub line, or Exhibit Line Item Nr and Item Description. If items are identified in the Schedule, insert "See Schedule" 'TBD on individual task order' Para (c)(1 )(iii). Attachment Nr. 'TBD on individual task order' Para (c)(1)(iv). Attachment Nr. 'TBD on individual task order' Para (f)(2)(iii). Line item number or n/a. 'TBD on individual task order'

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

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

252.212-7002 PILOT PROGRAM FOR ACQUISITION OF MILITARY-PURPOSE

NONDEVELOPMENTAL ITEMS (JUN 2012)

252.215-7000 PRICING ADJUSTMENTS (DEC 2012)

252.216-7006 ORDERING (MAY 2011)

Para (a). Date. 'the effective date of award as identified in Block 3 of the basic contract' Para (a). Date 'ninety-six (96) months after the effective date of award as identified in Block 3 of the basic contract'

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

WHISTLEBLOWER PROCEEDING (SEP 2013)

252.219-7003 SMALL BUSINESS SUBCONTRACTING PLAN (DOD CONTRACTS) (OCT 2014)

252.219-7004 SMALL BUSINESS SUBCONTRACTING PLAN (TEST PROGRAM) (OCT 2014)

252.223-7001 HAZARD WARNING LABELS (DEC 1991)

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

HAZARDOUS MATERIALS - BASIC (SEP 2014)

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

252.225-7009 RESTRICTION ON ACQUISITION OF CERTAIN ARTICLES CONTAINING SPECIALTY

METALS (OCT 2014)

252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (FEB 2013)

252.225-7016 RESTRICTION ON ACQUISITION OF BALL AND ROLLER BEARINGS (JUN 2011)

252.225-7017 PHOTOVOLTAIC DEVICES (JAN 2016)

252.225-7047 EXPORTS BY APPROVED COMMUNITY MEMBERS IN PERFORMANCE OF THE

CONTRACT (JUN 2013)

Para (B). Line item Nrs. '?????'

252.225-7048 EXPORT-CONTROLLED ITEMS (JUN 2013)

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

ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS (SEP 2004)

252.227-7000 NON-ESTOPPEL (OCT 1966)

252.227-7014 RIGHTS IN NONCOMMERCIAL COMPUTER SOFTWARE AND NONCOMMERCIAL

COMPUTER SOFTWARE DOCUMENTATION (FEB 2014)

252.227-7016 RIGHTS IN BID OR PROPOSAL INFORMATION (JAN 2011)

252.227-7025 LIMITATIONS ON THE USE OR DISCLOSURE OF GOVERNMENT-FURNISHED

INFORMATION MARKED WITH RESTRICTIVE LEGENDS (MAY 2013)

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

(JUN 2012)

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)

252.235-7004 PROTECTION OF HUMAN SUBJECTS (JUL 2009)

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): 'FA8650-16-D-NEMO' Para (b), name of contracting agency(ies): 'United States Air Force'

252.235-7011 FINAL SCIENTIFIC OR TECHNICAL REPORT (JAN 2015)

252.237-7010 PROHIBITION ON INTERROGATION OF DETAINEES BY CONTRACTOR

PERSONNEL (JUN 2013)

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 (JUN 2013)

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

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

2014)-ALTERNATE I (MAY 2014)

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

(APR 2012)

252.245-7002 REPORTING LOSS OF GOVERNMENT PROPERTY (APR 2012)

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

252.245-7004 REPORTING, REUTILIZATION, AND DISPOSAL (MAR 2015)

Insert ltem(s) '?????' Insert ltem(s) '?????'

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

252.246-7007 CONTRACTOR COUNTERFEIT ELECTRONIC PART DETECTION AND AVOIDANCE

SYSTEM (MAY 2014)

252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA - BASIC (APR 2014)

252.247-7024 NOTIFICATION OF TRANSPORTATION OF SUPPLIES BY SEA (MAR 2000)

252.247-7028 APPLICATION FOR U.S. GOVERNMENT SHIPPING

DOCUMENTATION/INSTRUCTIONS (JUN 2012)

C. AIR FORCE FEDERAL ACQUISITION REGULATION SUPPLEMENT CONTRACT CLAUSES

5352.201-9101 OMBUDSMAN (NOV 2015)

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

5352.204-9000 NOTIFICATION OF GOVERNMENT SECURITY ACTIVITY AND VISITOR GROUP

SECURITY AGREEMENTS (MAR 2012)

5352.209-9000 ORGANIZATIONAL CONFLICT OF INTEREST (OCT 2010) - ALTERNATE I (OCT

2010) Alt I, para (a)(2)(i). Period of time. '?????' Alt I, para (a)(2)(ii). System or services. '?????' Alt I, para (a)(2)(ii). Services, system or major components. '?????' Alt I, para (a)(2)(ii). Duration of constraint.'?????'

5352.209-9000 ORGANIZATIONAL CONFLICT OF INTEREST (OCT 2010) -ALTERNATE Ill (OCT 2010)

5352.209-9000 ORGANIZATIONAL CONFLICT OF INTEREST (OCT 2010) - ALTERNATE IV (OCT

2010)

5352.209-9000 ORGANIZATIONAL CONFLICT OF INTEREST (OCT 2010) - ALTERNATE VI (OCT

2010)

5352.223-9000 ELIMINATION OF USE OF CLASS I OZONE DEPLETING SUBSTANCES (ODS) (NOV 2012)

5352.223-9001 HEALTH AND SAFETY ON GOVERNMENT INSTALLATIONS (NOV 2012)

5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (NOV 2012)

Para (b), Any additional requirements to comply with local security procedures'?????' Para (d). Additional requirements.'?????'

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

(NOV 2012)

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

A. FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES IN FULL TEXT

52.211-15 DEFENSEPRIORITYANDALLOCATION 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;.05 .CONTRACTTERMSAND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS.;.-COMMERCIAL ITEMS (JAN 2016)

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

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C 3553).

(3) 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:

52.216·19 ORDER LIMITATIONS (OCT 1995) (TAILORED)

(a) Minimum order. The minimum ordering amount under this contract is$ which is the initial allotment of funding under Task Order __ . For future orders, when the Government requires supplies or services covered by this contract in an amount of less than $25,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor--

(1) Any order for a single item in excess of $7,000,000.00;

(2) Any order for a combination of items in excess of $7,000,000.00; or

(3) A series of orders from the same ordering office within 7 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any orie requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 15 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.252-02 CLAUSES INCORPORATED BYREFERENCE (FEB 1998)

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

52.252-06 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

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

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

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

B. DEFENSE FAR SUPP CONTRACT CLAUSES IN FULL TEXT

252.203·7997 PROHIBITION ON CONTRACTINGWITH ENTITIES THAT REQUIRE CERTAIN

INTERNAL CONFIDENTIALITY AGREEMENTS {DEVIATION 2016-00003)

(OCT2015)

(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The Contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d)(1) Use of funds appropriated (or otherwise made available) by the Continuing Appropriations Act, 2016 (Pub. L. 114-53) or any other FY 2016 appropriations act that extends to FY 2016 funds the same prohibitions as contained in sections 743 of division E, title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.

252.203•7999 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN

INTERNAL CONFIDENTIALITY AGREEMENTS(DEVIATION) ·(FEB2015)

(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The Contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d)(1) In accordance with section 743 of Division E, Title VIII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015, (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.

252.204-7008 COMPLIANCEWITH SAFEGUARDING COVERED DEFENSE INFORMATION

CONTROLS (DEVIATION 2016.;00001) (OCT 2015)

(a) Definitions. As used in this provision-

"Controlled technical information," "covered contractor information system," and "covered defense information" are defined in clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting (DEVIATION 2016-00001 )(OCT 2015).

(b) The security requirements required by contract clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting (DEVIATION 2016-00001)(0CT 2015) shall be implemented for all covered defense information on all covered contractor information systems that support the performance of this contract.

( c) If the Offe ror anticipates that additional time will be necessary to implement derived security requirement 3.5.3 "Use of multifactor authentication for local and network access to privileged accounts and for network access to non-privileged accounts" within National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, "Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations (see <http://dx.doi.org/10.6028/NIST .SP.800-171 >),the Offerer shall notify the Contracting Officer that they will implement the requirement within 9 months of contract award.

(d) If the Offerer proposes to deviate from any of the security requirements in NIST SP 800- 171 that is in effect at the time the solicitation is issued or as authorized by the Contracting Officer, the Offerer shall submit to the Contracting Officer, for consideration by the DoD Chief Information Officer (CIO), a written explanation of-

(1) Why a particular security requirement is not applicable; or

(2) How an alternative, but equally effective, security measure is used to compensate for the inability to satisfy a particular requirement and achieve equivalent protection.

(e) An authorized representative of the DoD CIO will approve or disapprove offerer requests to deviate from NIST SP 800-171 requirements in writing prior to contract award. Any approved deviation from NIST SP 800-171 shall be incorporated into the resulting contract.

252.204-7009 LIMITATIONS ON THE USEORDISCLOSURE OFTHIRD-PARTY CONTRACTOR

REPORTED CYBER INCIDENT INFORMATION (DEC 2015)

(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 information that-

(1) Is-

(i) Provided to the contractor by or on behalf of DoD in connection with the performance of the contract; or

(ii) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract; and

(2) Falls in any of the following categories:

(i) Controlled technical information.

(ii) Critical information (operations security). Specific facts identified through the Operations Security process about friendly intentions, capabilities, and activities vitally needed by adversaries for them to plan and act effectively so as to guarantee failure or unacceptable consequences for friendly mission accomplishment (part of Operations Security process).

(iii) Export control. Unclassified information concerning certain items, commodities, technology, software, or other information whose export could reasonably be expected to adversely affect the United States national security and nonproliferation objectives. To include dual use items; items identified in export administration regulations, international traffic in arms regulations and munitions list; license applications; and sensitive nuclear technology information.

(iv) Any other information, marked or otherwise identified in the contract, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies (e.g., privacy, proprietary business information).

"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.

(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.

PAGE JO OF 18

252.204·7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT

REPORTING {DEC 2015)

(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 information system belonging to, or operated by or for, the Contractor.

"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 information that-

(i) Is-

(A) Provided to the contractor by or on behalf of DoD in connection with the performance of the contract; or

(B) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract; and

(ii) Falls in any of the following categories:

(A) Controlled technical information.

(B) Critical information (operations security). Specific facts identified through the Operations Security process about friendly intentions, capabilities, and activities vitally needed by adversaries for them to plan and act effectively so as to guarantee failure or unacceptable consequences for friendly mission accomplishment (part of Operations Security process).

(C) Export control. Unclassified information concerning certain items, commodities, technology, software, or other information whose export could reasonably be expected to adversely affect the United States national security and nonproliferation objectives. To include dual use items; items identified in export administration regulations, international traffic in arms regulations and munitions list; license applications; and sensitive nuclear technology information.

PAGE 11OF18

(D) Any other information, marked or otherwise identified in the contract, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies (e,g.,…