Commercial Solicitation N6893621R0003.docx

N6893621R0003

Section A - Solicitation/Contract Form

CLAUSES INCORPORATED BY FULL TEXT

FOR YOUR INFORMATION:

The following addresses and points of contact are provided:

Email address: edwin.labra@navy.mil

U.S. Postal Service Mailing Address:

Direct Delivery Address (UPS, FedEx, etc.):

Section B - Supplies or Services and Prices

Instrumentation and Electronic Component

FFP

The contractor shall provide instrumentation and electronic components in accordance with the Statement of Work (SOW) and as specified on each Delivery Order (DO). ). The contract ordering period is five years, also referred to herein as a five year period of performance.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

NSN: 59991000000805

PURCHASE REQUEST NUMBER: 1300847826

PSC CD: 5999

NET AMT

Required service

FFP

The contractor shall provide for any maintenance, repairs, calibration or installation requirements for the instrumentation or components purchased in accordance with the Statement of Work (SOW) and as specified on each Delivery Order (DO).

FOB: Destination

PSC CD: 5999

NET AMT

Section C - Descriptions and Specifications

STATEMENT OF WORK

STATEMENT OF WORK

Instrumentation and Electronic Components Contract

1.0 SCOPE

The Earthquake Recovery Integrated Product Team of the Naval Air Warfare Center, Weapons Division, China Lake, CA (NAWCWD-CL) intends to procure various types of instrumentation and electronic components over a five-year period in support of its projects. The Earthquake Recovery Acquisition Team will specify the applicable data for each procurement through the issuance of individual Delivery Orders (DOs). The contractor shall provide each particular part or piece of equipment as ordered and specified in the individual DO.

The products procured herein, will be separately ordered and priced on each individual DO to include shipping & handling at the time each DO is placed.

2.0 APPLICABLE DOCUMENTS

2.1 The actual product requirements for each Instrumentation or Electronic item will be delineated in each applicable DO. Any applicable revisions shall be the version in effect at the time of DO issuance, unless otherwise specified in writing by the Earthquake Recovery Integrated Product Team at NAWCWD-CL.

2.2 Department of Defense Instruction 4140.67, DoD Counterfeit Prevention Policy

2.3 AS9100 or AS9120 Certification is required

3.0 INSTRUMENTATION AND ELECTRONIC PRODUCTS REQUIREMENTS

3.1 PRODUCT REQUIREMENTS

The contractor shall procure and deliver products in accordance with this SOW. It is the estimation of the Government that all of the items represented by this requirement would be Commercial-Off-The-Shelf (COTS) Items. Each individual DO will delineate the required products and any special preparation or packing pertinent to the specific job. Products procured as part of this contract will be considered time critical. A reasonable and accurate delivery schedule will be required for each DO. The contractor shall be responsible for delivery of compliant items to the Earthquake Recovery Integrated Product Team at NAWCWD-CL, as delineated in each DO. Orders may include a wide variety of components, equipment and consumables with regular frequency, as well as long-term storage, installation, or repair of equipment as specified in individual delivery orders.

3.1.1 The products for this procurement at a minimum for Electronic Components would include: integrated circuits, resistors, capacitors, connectors, wire braid, cables, and diodes, flex circuits, radio, electronic sub-assemblies, receivers, semi-conductors, plugs, GPS components, terminal blocks, antennas, fuses, relays, as well as transducers.

3.1.2 The products for this procurement at a minimum for Instrumentation would include: Switches, transistors, inertial measurement units, data acquisition systems, oscilloscope, as well as atomic force microscopes and pressure reactor systems.

3.1.3 Data files, requests, and instructions will be transmitted via electronic mail, therefore, the Contractor shall be capable of accepting applicable information in this form.

3.1.4 The Contractor shall maintain capability and/or access to sub-contract capability, to meet NAWCWD needs and requirements for instrumentation and electronic components.

3.2 SERVICE REQUIREMENTS

The contractor shall provide rapid-response maintenance, repair, calibration and installation services on a delivery order basis for items or product lines applicable to section 3.1.1 and 3.1.2 above. This will also include long-term storage of instrumentation and extended warranties, as delineated in the applicable delivery orders. Incidental services delineated on each subsequent DO is only applicable to Section 3.0 - Product Requirements of the SOW.

3.3 TERM OF CONTRACT

The Government intends to procure the above aforementioned products for a term of five years.

3.3.1 The procurement will be for instrumentation and electronic components listed in section 3.1.1 and 3.1.2 above.

4.0 SPECIAL CONSIDERATIONS

4.1 CERTIFICATE OF CONFORMANCE

4.1.1 When requested at the delivery order level, the Contractor shall ship with a Certificate of Conformance any supplies for which the contract would otherwise require inspection at source. In no case shall the Government's right to inspect supplies under the inspection provisions of this contract be prejudiced. Shipments of such supplies will not be made under this contract until use of the Certificate of Conformance has been authorized in writing by the Ordering Officer or the Procuring Contracting Officer (PCO), or inspection and acceptance have occurred.

4.1.2 The Contractor's signed certificate shall be attached to or included with copies of the inspection or receiving report accompanying the shipment. The certificate shall read as follows:

"I certify that on [insert date], the [insert Contractor's name] furnished the supplies or services called for by Contract No. -[insert Contract Number] via - [insert Carrier] on - [identify the bill of lading or shipping document] in accordance with all applicable requirements. I further certify that the supplies or services are of the quality specified and conform in all respects with the contract requirements, including specifications, drawings, preservation, packaging, packing, marking requirements, and physical item identification (part number), and are in the quantity shown on this or on the attached acceptance document."

Date of Execution:

Signature:

Title:

4.1.3 The Government has the right to reject defective supplies or services as promptly as practicable after delivery by written notification to the Contractor. The Contractor shall in such event promptly replace, correct, or repair the rejected supplies or services at the Contractor's expense.

4.2 COUNTERFEIT PREVENTION POLICY

The Contractor shall review and adhere to the measures to prevent the introduction of counterfeit materiel at any level of the DoD supply chain, as per the Department of Defense Instruction 4140.67.

4.3 QUALITY ASSURANCE PROVISIONS

The Contractor shall implement and maintain a Quality Control System Certification that satisfies program objectives and meets the requirements of AS9100 or AS9120. All quality system procedures, planning, documentation, and data that comprise the quality system must be made available to the Government for review. A copy of the applicable certification must be submitted with the Contractor’s proposal.

4.4 DELIVERY SCHEDULE

As aforementioned, products procured as part of this contract are considered time critical, therefore, timely delivery of the subject products is extremely important. Specific delivery details including a NAWCWD (Code D550000) point of contact (POC) will be included in each DO.

4.4.1 The contractor shall be responsible for delivery of all items to NAWCWD-CL Earthquake Recovery Integrated Product Team as delineated in 4.5 below.

4. 5 PACK AND SHIP

Shipping and preservation shall be by the best commercial practice with delivery to:

NAWC-WD China Lake, 200 S. Richmond Road, Suite A, China Lake, CA 93555 or as specified in each DO.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE

Section F - Deliveries or Performance

DELIVERY INFORMATION

KAYLA RODRIGUEZ

2400 E PILOT PLANT RD. BLDG. 11020

CHINA LAKE CA 93555

(760) 939-7614

N68936

N68936

Section G - Contract Administration Data

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.

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(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.

(Contracting Officer: Insert either “Invoice 2in1” or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(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*

(*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.

(Contracting Officer: Insert applicable information or “Not applicable.”)

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

(End of clause)

Addendum to G-TXT-02 For orders up to $100,000, payment shall be made in accordance with the instructions above.

For orders exceeding $100,000, WAWF shall be used for invoicing and payment in accordance with NAVAIR clause 252.232-7006, Wide Area WorkFlow Payment Instructions.

* To be completed at time of award.

* To be completed at time of award

Section H - Special Contract Requirements

ORDERING PROCEDURES

INTRODUCTION

The Government intends to allow all contract holders a fair opportunity to compete for orders under this requirement. Orders estimated at greater than $10,000.00 will be competed among contract holders. For purposes of this requirement, order is defined as the total estimated value of an entire order, and not individual line items or single unit price.

REQUEST FOR QUOTE (RFQ)

The Ordering Officer designated under the contracts will issue a request for quotation, via electronic mail.

This request will include:

a. RFQ # and or PLAN#

b. Item(s) description

c. Quantity

d. Delivery date

e. Delivery point

f. Specifications and other documents, if necessary

g. Certifications requirements, if necessary

h. Quotation submission deadline (date and time)

i. Evaluation and award procedures

CONTRACTOR’S QUOTE

The contractor’s quote shall include, as a minimum:

a. Unit price

b. Total order price, including shipping

c. Proposed delivery date

d. Origin of proposed materials

e. Other information as delineated in each RFQ

f. If subcontracting is contemplated, the quote shall include:

1. Name, address of subcontractor

2. Business size (Reference FAR 19.102). If subcontractor is a small business, include any additional small business subcategories which the subcontractor represents

3. NAICS Code for work or items provided by subcontractor

4. Price

5. Percent of work to be performed by the subcontractor

CLARIFICATIONS

Offerors may request the Ordering Officer to provide clarification of technical and delivery requirements; however, questions and answers may be shared with all prospective contractors. Proprietary information will be protected, providing the offeror clearly identifies which data are proprietary and the Government agrees with the determination.

LATE SUBMISSIONS, MODIFICATIONS, REVISIONS, AND WITHDRAWAL OF OFFERS

Quotes received after the deadline as specified in the RFQ are “late” and will not be considered unless it is the only offer received. Offerors may request that the Ordering Officer extend the deadline. If an extension is granted, all contractors who received the RFQ will be notified of the extension. Modifications and revisions must be received prior to the deadline date in order to be considered; however, modifications of an otherwise successful quote that make its terms more favorable to the Government will be considered at any time it is received and may be accepted. Revised offers may be withdrawn by written notice (email is acceptable) at any time before the exact time set for receipt of offers.

NO BID/NON INTEREST

Offerors are encouraged to indicate no-interest on RFQs issued by the Government. Frequent no-bid, no interest, or non-responsiveness by any contract holder may result in termination for convenience.

DELIVERIES

Delivery times are considered critical. On-time and late deliveries will be tracked for all contractors.

Consideration to revise the delivery date may be proposed by vendors but must be of value to the Government. (Suggestions include free/expedited shipping, product discount, additional product, invoice reduction, etc.) Collection of consideration for late delivery will result in a modification to the Order. The scheduled delivery date will be changed to reflect the actual delivery date and Past Performance will NOT be impacted negatively. The Ordering Officer will notify the Contracting Officer of any contractor who is consistently late in making deliveries. This may result in the Contracting Officer making a determination on a case-by-case basis that the contractor is excluded from competition on future orders.

EVALUATION/AWARD

Evaluation and award procedures will be tailored to each acquisition and will typically be issued either on the basis of price alone or with consideration of price and other factors (trade-off) as shown below. The evaluation and award procedures to be followed for each order will be indicated in the individual RFQs.

1. Low Price Technically Acceptable Evaluation the Government may issue an order resulting from the RFQ to the lowest price offeror with satisfactory past performance whose offer conforms to the RFQ.

2. Tradeoff The Government may issue an order resulting from the RFQ to the offeror whose offer conforming to the RFQ will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

a. Technical (proposing to supply the requested materials and any required certifications).

b. Delivery Date

c. Past Performance

d. Price The Government will conduct evaluation of quotes. The Government will select the quotation that offers the greatest value to the Government. Notification will be given only to the successful offeror.

ORDERS UP TO $10,000.00

Orders valued at $10,000.00 or less may be issued without a RFQ and issued to any contract awardee at the discretion of the Ordering Officer. However, the Government reserves the right to request a quote from any or all contract awardees.

ORDERS BETWEEN $10,000.00 AND $50,000.00

Orders estimated to be valued over $10,000.00 up to $50,000.00 will be competed using the procedures described herein.

ORDERS GREATER THAN $50,000.00

Orders that are estimated to exceed $50,000.00 will be competed using the procedures described herein; however, any ensuing orders will be issued on a SF 1449 by the Contracting Officer.

MODIFICATIONS TO PROCEDURES

These procedures may only be modified by mutual agreement of the Contracting Officer and each contract holder.

H-TXT-EQR California earthquake recovery efforts July 2019 - Earthquake Recovery

Emergency acquisition flexibilities identified in FAR 18.203, "Emergency Declaration or Major Disaster Declaration" and DFARS 218.203 "Incidents of national significance, emergency declaration, or major disaster declaration" as they relate to the California earthquake recovery efforts identified on July 2019 apply to this procurement.

Contracting officers consult the Disaster Response Registry via the System for Award Management (SAM) to determine the availability of contractors for debris removal, distribution of supplies, reconstruction, and other disaster or emergency relief activities inside the United States and outlying areas. See FAR 26.2 as it relates to disaster or emergency assistance activities.

Section I - Contract Clauses

* To be completed at contract award

52.219-13 Notice of Set-Aside of Orders (MAR 2020)

(a) The Contracting Officer may set aside orders for the small business concerns identified in 19.000(a)(3).

(b) The Contracting Officer will give notice of the order or orders, if any, to be set aside for small business concerns identified in 19.000(a)(3) and the applicable small business program. This notice, and its restrictions, will apply only to the specific orders that have been set aside for any of the small business concerns identified in 19.000(a)(3).

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

United States law will apply to resolve any claim of breach of this contract.

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

SUPPORT CONTRACTORS (MAY 2016)

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

Computer software means computer programs, source code, source code listings, object code listings, design details, algorithms, processes, flow charts, formulae, and related material that would enable the software to be reproduced, recreated, or recompiled. Computer software does not include computer data bases or computer software documentation.

Litigation information means any information, including sensitive information, that is furnished to the contractor by or on behalf of the Government, or that is generated or obtained by the contractor in the performance of litigation support work under a contract. The term does not include information that is lawfully, publicly available without restriction, including information contained in a publicly available solicitation.

Litigation support means administrative, technical, or professional services provided in support of the Government during or in anticipation of litigation.

Litigation support contractor means a contractor (including its experts, technical consultants, subcontractors, and suppliers) providing litigation support under a contract that contains this clause.

Sensitive information means controlled unclassified information of a commercial, financial, proprietary, or privileged nature. The term includes technical data and computer software, but does not include information that is lawfully, publicly available without restriction.

Technical data means recorded information, regardless of the form or method of the recording, of a scientific or technical nature (including computer software documentation). The term does not include computer software or data incidental to contract administration, such as financial and/or management information.

(b) Limitations on use or disclosure of litigation information. Notwithstanding any other provision of this contract, the Contractor shall--

(1) Access and use litigation information only for the purpose of providing litigation support under this contract;

(2) Not disclose litigation information to any entity outside the Contractor's organization unless, prior to such disclosure the Contracting Officer has provided written consent to such disclosure;

(3) Take all precautions necessary to prevent unauthorized disclosure of litigation information;

(4) Not use litigation information to compete against a third party for Government or nongovernment contracts; and

(5) Upon completion of the authorized litigation support activities, destroy or return to the Government at the request of the Contracting Officer all litigation information in its possession.

(c) Violation of paragraph (b)(1),(b)(2), (b)(3), (b)(4), or (b)(5) of this clause is a basis for the Government to terminate this contract.

(d) Indemnification and creation of third party beneficiary rights. The Contractor agrees—

(1) To indemnify and hold harmless the Government, its agents, and employees from any claim or liability, including attorneys' fees, court costs, and expenses, arising out of, or in any way related to, the misuse or unauthorized modification, reproduction, release, performance, display, or disclosure of any litigation information; and

(2) That any third party holding proprietary rights or any other legally protectable interest in any litigation information, in addition to any other rights it may have, is a third party beneficiary under this contract who shall have a right of direct action against the Contractor, and against any person to whom the Contractor has released or disclosed such litigation information, for any such unauthorized use or disclosure of such information.

(e) Contractor employees. The Contractor shall ensure that its employees are subject to use and nondisclosure obligations consistent with this clause prior to the employees being provided access to or use of any litigation information covered by this clause.

(f) Flowdown. Include the substance of this clause, including this paragraph (f), in all subcontracts, including subcontracts for commercial items.

252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION SUPPORT (MAY 2016)

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

Computer software means computer programs, source code, source code listings, object code listings, design details, algorithms, processes, flow charts, formulae, and related material that would enable the software to be reproduced, recreated, or recompiled. Computer software does not include computer data bases or computer software documentation.

Litigation support means administrative, technical, or professional services provided in support of the Government during or in anticipation of litigation.

Litigation support contractor means a contractor (including its experts, technical consultants, subcontractors, and suppliers) providing litigation support under a contract that contains the clause at 252.204-7014, Limitations on the Use or Disclosure of Information by Litigation Support Contractors.

Sensitive information means controlled unclassified information of a commercial, financial, proprietary, or privileged nature. The term includes technical data and computer software, but does not include information that is lawfully, publicly available without restriction.

Technical data means recorded information, regardless of the form or method of the recording, of a scientific or technical nature (including computer software documentation). The term does not include computer software or data incidental to contract administration, such as financial and/or management information.

(b) Notice of authorized disclosures. Notwithstanding any other provision of this solicitation or contract, the Government may disclose to a litigation support contractor, for the sole purpose of litigation support activities, any information, including sensitive information, received—

(1) Within or in connection with a quotation or offer; or

(2) In the performance of or in connection with a contract.

(c) Flowdown. Include the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for commercial items.

252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS

EQUIPMENT OR SERVICES (DEC 2019)

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

Covered defense telecommunications equipment or services means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation, or any subsidiary or affiliate of such entities;

(2) Telecommunications services provided by such entities or using such equipment; or

(3) Telecommunications equipment or services produced or provided by an entity that the Secretary of Defense reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Covered foreign country means--

(1) The People's Republic of China; or

(2) The Russian Federation.

Covered missions means--

(1) The nuclear deterrence mission of DoD, including with respect to nuclear command, control, and communications, integrated tactical warning and attack assessment, and continuity of Government; or

(2) The homeland defense mission of DoD, including with respect to ballistic missile defense.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition. In accordance with section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91), the contractor shall not provide to the Government any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless the covered defense telecommunication equipment or services are covered by a waiver described in Defense Federal Acquisition Regulation Supplement 204.2104.

(c) Procedures. The Contractor shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities that are excluded when providing any equipment, system, or service, to carry out covered missions, that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.

(d) Reporting.

(1) In the event the Contractor identifies covered defense telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, the Contractor shall report at https://dibnet.dod.mil the information in paragraph (d)(2) of this clause.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered defense telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

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

(a) Definitions.

Basic Assessment means a contractor's self-assessment of the contractor's implementation of NIST SP 800-171 that-

(1) Is based on the Contractor's review of their system security plan(s) associated with covered contractor information system(s);

(2) Is conducted in accordance with the NIST SP 800-171 DoD Assessment Methodology; and

(3) Results in a confidence level of "Low" in the resulting score, because it is a self-generated score.

Covered contractor information system has the meaning given in the clause 252.204-7012, Safeguarding Covered Defense…