HS0021-24-R-E001-0002_06 Sep 2024 amended RFP.pdf

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

29. AWARD OF CONTRACT: REFERENCE OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

Created On: 06 Sep 2024, 09:35 AM Eastern Standard Time

Solicitation/Contract Form

Publicly Available Electronic Information

HS002124RE0010002

Supplies or Services & Prices or Costs

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price

Amount

PAEI searches

Product Service Code: DA10 Pricing Arrangement: Firm Fixed Price

3,000 Each

Option Line Item

PAEI searches

Product Service Code: DA10 Pricing Arrangement: Firm Fixed Price

3,000 Each

Option Line Item

PAEI searches

Product Service Code: DA10 Pricing Arrangement: Firm Fixed Price

3,000 Each

Option Line Item

PAEI searches

Product Service Code: DA10 Pricing Arrangement: Firm Fixed Price

3,000 Each

Option Line Item

PAEI searches

Product Service Code: DA10 Pricing Arrangement: Firm Fixed Price

3,000 Each

Description/Specifications/Statement of Work

Statement of Objectives (SOO)_06 September 2024

I. Background & Purpose:

In 2023, Defense Counterintelligence and Security Agency (DCSA) Background Investigation (BI) established a Publicly Available Electronic Information (PAEI) branch which was designated to integrate PAEI as a data source within the background investigation and support the research needed for the implementation of PAEI. The pilot and research studies began in 2016 to begin understanding how PAEI could be a benefit to BI and furthermore how it would fit into the BI process. Research between 2016 and 2024 supports that there have been several indicators of violence that ahead of time are almost foreshadowed online.

The , Trusted Workforce 2.0 (TW 2.0) is going to establish PAEI searches as an official data Federal Vetting Personnel Investigative Standards source. Throughout FY23 and FY24, DCSA conducted targeted studies to determine where PAEI is the most suitable within the BI line of products.

To further PAEI research, the DCSAPAEI team may conduct PAEI searches on Tiers 2-5 (inclusive of reinvestigations).

To meet DCSA's established implementation timelines, in FY25 DCSA will pursue a risk-based implementation strategy that will focus on investigations with known indicators and high risk/threat populations. DSCA will pursue PAEI implementation in tandem with TW 2.0. TW2.0 standards require a PAEI check at the moderate and high tier investigation levels.

DCSA is looking to procure a web-based platform/tool that accesses public data from across the internet and compiles reports and data from PAEI (i.

e. social media, public records, web articles, and more). DCSA requires, either through licenses or an automated delivery service accounted by number of records, the ability to search for and receive data from PAEI sources to enhance the BI analyst's decision in their ability to determine trustworthiness of the subject of investigation. These search capabilities must be automated, scalable, have modifiable query capabilities to refine search criteria based on requirements, and provide information to include but not limited to, videos, images, original posts, shared posts, comments on threads or postings, and actions such as "likes" or other demonstrated action toward something which has been posted and is publicly available to view.

II. Period and Place of Performance:

a. Base Period of Performance (PoP) consists of (1) 12-month period, followed by (4)12-month Option Periods.

b. All performance is expected to take place at the Contractor's facility. Delivery of reports/results will be arranged as described in Section III Performance Objectives and Minimum Requirements and Section IV Deliverables of the SOO.

III. Performance Objectives & Minimum Requirements:

a. Each PoP allows for a maximum of 3,000 PAEI searches. Any remaining quantities (of that 3,000) at the end of each PoP will be de-obligated back to the Government. Contractor will only invoice for the number of PAEI requests actually sent during that invoicing period.

b. Require platform, application, and method for FIRE analysts to receive PAEI on subjects of investigation, population is to be determined.

c. Platform must include the ability to modify query fields.

d. Delivery of results/reports shall include posts, videos, images, comments, responses, actions, and more on a wide range of

PAEI.

e. Contractor shall never create dummy profiles, false personas, or other mechanisms to obtain information not publicly available.

f. Must provide web-based access and have no additional hardware or software to install and/or will not connect to any DCSA system.

g. Product must be fully functional and be commercial off the shelf (COTS) capability.

h. Contractor, partner, and sub-contractor (as applicable) must be entirely U.S. owned -OR- FOCI mitigated.

i. Contractor's ability to ingest requests must be available no later than one (1) day after award is made.

j. Must provide ability to conduct audits of queries conducted by each user.

k. Able to scrape social media and bespoke websites on demand, extract rich domain and IP information with historical data, and use facial verification to confirm1-to-1 image association in near real time.

l. Able to curate multi-lingual PAEI data, with automated translation functions for a variety of different languages.

m. Able to quickly prioritize concerning content for review and alert analysts in a clear way.

n. Provide quote detection, risk detection, similarity detection, and in-image text detection that will pivot and build reports based on emotions and sentiment based on anticipated risks.

o. Able to curate data from multiple PAEI data sources:

1. Foreign and domestic social media platforms, foreign and domestic news publications, public arrest and court records, and deep/dark web sources.

p. Enable users to read the English language within a web-based platform as well as translate conversations and chat messages into English.

Users should be able to view original language content and translated content side-by-side.

q. All data is assumed to be highly sensitive, including the raw/derived data, the multimedia, and the collection and analytic configuration.

Online persona details are assumed to be highly sensitive and have additional security controls applied. Therefore, additional security measure must be adhered to protect data and users.

r. All data and online personal details (name, email, and passwords) must be stored with encryption to protect user data.

s. All links being accessed under this requirement, by Contractor or DCSA, must be anonymized.

t. Users should be able to obtain PAEI reports which can then be paired down to relevant information.

u. Able to query behavioral flags which are aligned with the DCSA adjudicative guidelines and issue criteria.

v. Users must be able to review the factors contributable to the associated confidence percentage for each reported finding.

w. Ability for all DCSA users to have access to search history among all other DCSA users.

x. Platform must purge queries or reports IAW official retention criteria.

y. Platform will not to be used for Continuous Vetting nor Continuous Evaluation efforts or monitoring.

z. Contractor must be compliant with all laws, regulations, and policies governing the collection and assessment of PAEI (e.g., Security Executive Agent Directive (SEAD) 4, SEAD-5 guidelines, etc.).

IV. Deliverables:

a. Call or online support services:

1. Available Monday through Friday from 0800 through 1700 EST.

2. Ability to download a log of the support provided within (1) business day to include at minimum, the following:

a. Date of call or nline s o ervice

b. Ticket number

c. Summary of issues and mitigations

d. Name of Representative

b. Software updates, ixes, eleases, upgrades, ecurity lerts, and ritical patch pdatesf r s a c u

1. Able to provide proof of updates, fixes, releases, upgrades, security alerts, and critical patch updates as applicable via email or online portal in the Contractor's chosen format.

c. Training:

1. Provide training and reference material to DCSA regarding set-up, functionality, and use of the tool or technical capability.

2. Provide training to DCSA concerning updates or changes to the tool or technical capability in order to allow users to maintain their technical proficiency.

3. Provide training on an ad hoc basis within 48-hours of Government request.

d. Travel

1. Expenses for travel and other direct costs shall be covered by the Contractor and will not be covered by DCSA.

e. Proof of active maintenance subscriptions:

1. Contractor will provide licenses or user accounts for initial set up and throughout any subsequent staffing changes.

2. Contractor will process any changes due to departures or changes of duty for existing accounts within 48-hours of notification.

3. Contractor shall provide proof of active subscriptions via email to the delegated DCSA Contracting Officer's Representative (COR) (name to be provided) with the applicable PoP not later than 48-hours following award.

f. Reporting

1. Contractor will deliver PAEI data result and reports based upon DCSA scheduling, queries, and requests.

2. Contractor will promptly deliver all results beginning on the date of the contract performance and throughout the contract life cycle.

3. Monthly invoice must include detailed list of all queries and results provided to DCSA.

4. Platform must include the ability for DCSA users to run ad-hoc reports to capture volume, results, and report driven criteria.

V. Section 508 Compliance:

Information and Communication Technology (ICT) Accessibility Requirements Statement per the Revised Section 508 of the Rehabilitation Act:

ICT that is procured, developed, maintained, or used by agencies shall conform to the Revised 508 Standards. Section508 requires access to ICT developed, procured, maintained, or used by federal agencies. Examples include computers, telecommunications equipment, multifunction office machines such as copiers that also operate as printers, software, websites, information kiosks and transaction machines, and electronic documents. The Section 508 Standards, which are part of the Federal Acquisition Regulation, ensure access for people with physical, sensory, or cognitive disabilities.

Contractor shall ensure maintenance upgrades, substitutions, and replacements to software pursuant to this contract do not reduce the original level of conformance with the applicable Revised 508 Standards at the time of contract award.

Exceptions:

1. E202.2 Legacy ICT - Any component or portion of existing ICT that complies with an earlier standard issued pursuant to Section 508 of the Rehabilitation Act of1973, as amended (as republished in Appendix D), and that has not been altered on or after January 18, 2018, shall not be required to be modified to conform to the Revised 508 Standards.

2. E202.3 National Security -The Revised508 Standards do not apply to ICT operated by agencies as part of a national security system, as defined by 40 U.S.C. 1103(a).

VI. Security:

All personnel performing under this order that will come in contact with, or have access to personally identifiable information (PII), must be U.S.

Persons and have record of a U.S. Citizenship verification or be accepted under the FOCI mitigation. Outside of the FOCI mitigation, there is no required level of investigation, but rather U.S. Citizenship verification. Any changes to the eligibility/clearance requirement or investigation requirement will be detailed in the orders. All PII must be handled in accordance with the Privacy Act of 1974.

a. All programs and materials developed at government expense during the performance period of this contract are the property of the U.S.

Government.

b. Access to General Protection/Security Policies and Procedures. All Contractor employees, including subcontractor employees stationed or assigned on a U.S. Government facility shall comply with applicable installation, facility access procedures and local security policies (provided by the U.S. Government security personnel). The Contractor workforce shall comply with all personal identification verification requirements as directed by DCSA and/or local policy. In addition to the changes otherwise authorized by the changes clause in this contract, should the Force Protection Conditions (FPCON) at any individual facility or installation change, the U.S. Government may require changes in the Contractor security processes or procedures.

c. Contractor will not have access to U.S. Government Information Technology (IT); however, the Contractor and DCSA will exchange PII records.

d. Contractor personnel shall utilize official company e-mail for transmitting official U.S. Government business. Official U.S. Government business shall NOT be transmitted via personal, private, and/or commercial e-mail accounts, i.e., YAHOO, HOTMAIL, GMAIL, JUNO, AOL, COMCAST, KNOLOGY, VERIZON, etc.

e. Physical Security. The Contractor shall be responsible for safeguarding all U.S. Government equipment, information, and property provided for Contractor use.

f. FOCI mitigation. A company is considered to be operating under FOCI whenever a foreign interest has the power, direct or indirect, whether or not exercised, and whether or not exercisable, to direct or decide matters affecting the management or operations of that company in a manner which may result in unauthorized access to classified information or may adversely affect the performance of classified contracts.

Please refer to the following DCSA site for FOCI mitigation specifics:

https://www.dcsa.mil/Industrial-Security/Entity-Vetting-Facility-Clearances-FOCI/Foreign- Ownership-Control-or-Influence/

The following factors relating to a company, the foreign interest, and the government of the foreign interest are reviewed in the aggregate in determining whether a company is under FOCI:

1. Record of economic and government espionage against U.S. targets.

2. Record of enforcement and/or engagement in unauthorized technology transfer.

3. Record of compliance with pertinent U.S. laws, regulations, and contracts.

4. The type and sensitivity of the information that will be accessed.

5. The source, nature, and extent of FOCI, including, but not limited to, whether a foreign interest holds a majority or substantial minority position in the company, taking into consideration the immediate, intermediate, and ultimate parent companies of the company or prior relationships between the U.S. company and the foreign interest.

6. The nature of any relevant bilateral and multilateral security and information exchange agreements, (e.g., the political and military relationship between the USG and the government of the foreign interest).

7. Ownership or control, in whole or in part, by a foreign government.

8. Any other factor that indicates or demonstrates a capability on the part of foreign interests to control or influence the operations or management of the business organization concerned.

g. General network information. The Contractor shall:

1. Be able to process Controlled Unclassified Information (CUI) in accordance with NIST Special Publication (SP) 800-171; and,

2. Provide Cyber Security submissions and general network information to the delegated COR within 30 calendar days after award.

VII. Government-Furnished Property, Material, Equipment, or Information (GFP, GFM, GFE, or

GFI):

No GFP, GFM, GFE, or GFI will be provided.

VIII. Payment Schedule:

a. Payments will occur IAW Net 30-day payment terms, upon receipt and acceptance of a proper invoice, IAW the following schedule:

1. 100% after receipt and acceptance by the Government and in accordance with Defense Federal Acquisition Regulation Supplement (DFARS) 232.206(f) Solicitation provisions and contract clauses.

2. Invoices shall be submitted in accordance with DFARS 252.232-7006 Wide Area Workflow Payment Instructions.

3. Partial shipments and partial invoices will not be accepted, unless otherwise requested and accepted by the Contracting Officer (KO) prior to award. Any revisions to this payment approach will need to be in writing and approved by the requirements KO.

Requirements FIRE is requesting to procure a web-based tool that accesses public data from across the internet and compiles reports and data from PAEI, i.e. social media, public records, web articles, and more. FIRE requires, either through licenses or an automated delivery service accounted by number of records, the ability to search for and receive data from PAEI sources to enhance the adjudicators decision in their ability to determine trustworthiness of the subject of investigation. These search capabilities must be automated, scalable, have modifiable query capabilities to refine search criteria based on requirements, and provide information to include but not limited to, videos, images, original posts, shared posts, comments on threads or postings, and actions such as likes or other demonstrated action toward something which has been posted and is publicly available to view.

Packaging and Marking

Inspection and Acceptance

Deliveries or Performance

Contractor Destination

Line Item Delivery Schedule Quantity Address and POC

Period of Performance From 30 Sep 2024 To 29 Sep 2025

3,000 Each

Option Line Item

Period of Performance From 30 Sep 2025 To 29 Sep 2026

3,000 Each

Option Line Item

Period of Performance From 30 Sep 2026 To 29 Sep 2027

3,000 Each

Option Line Item

Period of Performance From 30 Sep 2027 To 29 Sep 2028

3,000 Each

Option Line Item

Period of Performance From 30 Sep 2028 To 29 Sep 2029

3,000 Each

Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.201-7000 Contracting Officer's Representative. Dec 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. Jan 2023

As prescribed in 232.7004(b), use the following clause:

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) As used in this clause- Definitions.

"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) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as Electronic invoicing.

authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

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

(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) The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice WAWF training.

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

Protocol.

(f) The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF payment instructions.

WAWF for this contract or task or delivery order:

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

(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.

N/A

(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.

Invoice 2-in-1

(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 financing, submit a commercial 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) The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF Document routing.

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 HQ0690

Issue By DoDAAC HS0021

Admin DoDAAC HS0021

Inspect By DoDAAC HS0001

Ship To Code HS0001

Ship From Code N/A

Mark For Code N/A

Service Approver (DoDAAC) HS0001

Service Acceptor (DoDAAC) HS0001

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) The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in Payment request.

accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

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

(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 - Michael Woolsey - michael.g.woolsey2.civ@mail.mil // Contract Specialist - Heather Grod - heather.r.grod.civ@mail.mil

(Contracting Officer: Insert applicable information or "Not applicable.")

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

(End of clause)

Special Contract Requirements

Contract Clauses

252.239-7010 Cloud Computing Services.

As prescribed in 239.7604 (b), use the following clause:

CLOUD COMPUTING SERVICES (JAN 2023)

(a) As used in this clauseDefinitions. --

"Authorizing official," as described in DoD Instruction 8510.01, Risk Management Framework (RMF) for DoD Information Technology (IT), means the senior Federal official or executive with the authority to formally assume responsibility for operating an information system at an acceptable level of risk to organizational operations (including mission, functions, image, or reputation), organizational assets, individuals, other organizations, and the Nation.

"Cloud computing" means a model for enabling ubiquitous, convenient, on-demand network access to a shared pool of configurable computing resources (e.g., networks, servers, storage, applications, and services) that can be rapidly provisioned and released with minimal management effort or service provider interaction. This includes other commercial terms, such as on-demand self-service, broad network access, resource pooling, rapid elasticity, and measured service. It also includes commercial offerings for software-as-a-service, infrastructure-as-a-service, and platform-as-a-service.

"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.

"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.

"Government data" means any information, document, media, or machine-readable material regardless of physical form or characteristics, that is created or obtained by the Government in the course of official Government business.

"Government-related data" means any information, document, media, or machine-readable material regardless of physical form or characteristics that is created or obtained by a contractor through the storage, processing, or communication of Government data. This does not include contractor's business records e.g. financial records, legal records etc. or data such as operating procedures, software coding or algorithms that are not uniquely applied to the Government data.

"Information system" means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information.

"Media" means physical devices or writing surfaces including, but not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which information is recorded, stored, or printed within an information system.

"Spillage" security incident that results in the transfer of classified or controlled unclassified information onto an information system not accredited (i.

e., authorized) for the appropriate security level.

(b) The requirements of this clause are applicable when using cloud computing to provide information Cloud computing security requirements.

technology services in the performance of the contract.

(1) If the Contractor indicated in its offer that it "does not anticipate the use of cloud computing services in the performance of a resultant contract," in response to provision , Representation of Use of Cloud Computing, and after the award of this contract, the Contractor proposes to use 252.239-7009 cloud computing services in the performance of the contract, the Contractor shall obtain approval from the Contracting Officer prior to utilizing cloud computing services in performance of the contract.

(2) The Contractor shall implement and maintain administrative, technical, and physical safeguards and controls with the security level and services required in accordance with the Cloud Computing Security Requirements Guide (SRG) (version in effect at the time the solicitation is issued or as authorized by the Contracting Officer) found at unless notified by the Contracting Officer that this https://public.cyber.mil/dccs/dccs-documents/ requirement has been waived by the DoD Chief Information Officer.

(3) The Contractor shall maintain within the United States or outlying areas all Government data that is not physically located on DoD premises, unless the Contractor receives written notification from the Contracting Officer to use another location, in accordance with DFARS 239.7602-2 (a).

HS002124RE0010002

https://www.acquisition.gov/dfars/252.239-7009-representation-use-cloud-computing.#DFARS_252.239-7009

(c) Limitations on access to, and use and disclosure of Government data and Government-related data.

(1) The Contractor shall not access, use, or disclose Government data unless specifically authorized by the terms of this contract or a task order or delivery order issued hereunder.

(i) If authorized by the terms of this contract or a task order or delivery order issued hereunder, any access to, or use or disclosure of, Government data shall only be for purposes specified in this contract or task order or delivery order.

(ii) The Contractor shall ensure that its employees are subject to all such access, use, and disclosure prohibitions and obligations.

(iii) These access, use, and disclosure prohibitions and obligations shall survive the expiration or termination of this contract.

(2) The Contractor shall use Government-related data only to manage the operational environment that supports the Government data and for no other purpose unless otherwise permitted with the prior written approval of the Contracting Officer.

(d) The Contractor shall report all cyber incidents that are related to the cloud computing service Cloud computing services cyber incident reporting.

provided under this contract. Reports shall be submitted to DoD via http://dibnet.dod.mil/.

(e) . The Contractor or subcontractors that discover and isolate malicious software in connection with a reported cyber incident Malicious software shall submit the malicious software in accordance with instructions provided by the Contracting Officer.

(f) . When a Contractor discovers a cyber incident has occurred, the Contractor shall preserve and protect images of Media preservation and protection all known affected information systems identified in the cyber incident report (see paragraph (d) 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.

(g) Upon request by DoD, the Contractor shall provide DoD with Access to additional information or equipment necessary for forensic analysis.

access to additional information or equipment that is necessary to conduct a forensic analysis.

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

(i) Records management and facility access.

(1) The Contractor shall provide the Contracting Officer all Government data and Government-related data in the format specified in the contract.

(2) The Contractor shall dispose of Government data and Government-related data in accordance with the terms of the contract and provide the confirmation of disposition to the Contracting Officer in accordance with contract closeout procedures.

(3) The Contractor shall provide the Government, or its authorized representatives, access to all Government data and Government-related data, access to contractor personnel involved in performance of the contract, and physical access to any Contractor facility with Government data, for the purpose of audits, investigations, inspections, or other similar activities, as authorized by law or regulation.

(j) The Contractor shall notify the Contracting Officer promptly of any requests from a third party for Notification of third-party access requests.

access to Government data or Government-related data, including any warrants, seizures, or subpoenas it receives, including those from another Federal, State, or local agency.

The Contractor shall cooperate with the Contracting Officer to take all measures to protect Government data and Government-related data from any unauthorized disclosure.

(k) Upon notification by the Government of a spillage, or upon the Contractor's discovery of a spillage, the Contractor shall cooperate with Spillage.

the Contracting Officer to address the spillage in compliance with agency procedures.

(l) . The Contractor shall include this clause, including this paragraph (l), in all subcontracts that involve or may involve cloud services, Subcontracts including subcontracts for commercial services.

(End of clause)

DFARS PGI 239.7602-1 General.

(c)(6) When the clause at DFARS 252.239-7010 applies, the contracting officer shall provide the contractor with the name of the responsible Government official to contact in response to any spillage occurring in connection with the cloud computing services being provided. The requiring activity will provide the contracting officer with the name of the responsible official in accordance with agency procedures, as required by Enclosure 7 of DoDM 5200.01-V3, DoD Information Security Program: Protection of Classified Information.

(End of clause)

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.

As prescribed in 204.7304 (c), use the following clause:

SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (MAY 2024)

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

"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.

"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 unclassified 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--Other Than Commercial Products and Commercial Services, 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) . The Contractor shall provide adequate security on all covered contractor information systems. To provide adequate security, 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 or 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 https://csrc.nist.gov/publications/sp800) 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/documents-templates/) 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 contract, 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) . The cyber incident report shall be treated as information created by or for DoD and shall include, at a minimum, the Cyber incident report required elements at https://dibnet.dod.mil.

(3) In order to report cyber incidents in accordance with this clause, the Contractor or subcontractor shall Medium assurance certificate requirement.

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) When the Contractor or subcontractors discover and isolate malicious software in connection with a reported cyber incident, Malicious software.

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) . When a Contractor discovers a cyber incident has occurred, the Contractor shall preserve and protect images Media preservation and protection 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) Upon request by DoD, the Contractor shall provide DoD with Access to additional information or equipment necessary for forensic analysis.

access to additional information or equipment that is necessary to conduct a forensic analysis.

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

(h) The Government shall protect against the unauthorized use or DoD safeguarding and use of contractor attributional/proprietary information.

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. In making an authorized release of such information, the Government will implement appropriate procedures to minimize the contractor attributional/proprietary information that is included in such authorized release, seeking to include only that information that is necessary for the authorized purpose(s) for which the information is being released.

(i) Information that is obtained from the contractor (or Use and release of contractor attributional/proprietary information not created by or for DoD.

derived from information obtained from the contractor) under this clause that is not created by or for DoD is authorized to be released outside of DoD--

(1) To entities with missions that may be affected by such information;

(2) To entities that may be called upon to assist in the diagnosis, detection, or mitigation of cyber incidents;

(3) To Government entities that conduct counterintelligence or law enforcement investigations;

(4) For national security purposes, including cyber situational awareness and defense purposes (including with Defense Industrial Base (DIB) participants in the program at 32 CFR part 236); or

(5) To a support services contractor ("recipient") that is directly supporting Government activities under a contract that includes the clause at 252.204- 7009 , Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information.

(j) Information that is obtained from the contractor (or Use and release of contractor attributional/proprietary information created by or for DoD.

derived from information obtained from the contractor) under this clause that is created by or for DoD (including the information submitted pursuant to paragraph (c) of this clause) is authorized to be used and released outside of DoD for purposes and activities authorized by paragraph (i) of this clause, and for any other lawful Government purpose or activity, subject to all applicable statutory, regulatory, and policy based restrictions on the Government's use and release of such information.

(k) The Contractor shall conduct activities under this clause in accordance with applicable laws and regulations on the interception, monitoring, access, use, and disclosure of electronic communications and data.

(l) The safeguarding and cyber incident reporting required by this clause in no way abrogates the Other safeguarding or reporting requirements.

Contractor's responsibility for other safeguarding or cyber incident reporting pertaining to its unclassified information systems as required by other applicable clauses of this contract, or as a result of other applicable U.S. Government statutory or regulatory requirements.

(m) . The Contractor shall-- Subcontracts

(1) Include this clause, including this paragraph (m), in subcontracts, or similar contractual instruments, for operationally critical support, or for which subcontract performance will involve covered defense…