Attch_3_-_Additional_Terms_and_Conditions_Services.docx

FA2517-16-Q-6038

Attachment 3 Terms and Conditions The Contractor shall comply with the FAR clauses that the contracting officer has checked as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

|_| FAR 52.203-3 -- Gratuities |_| FAR 52.203-6 -- Restrictions on Subcontractor Sales to the Government, with Alternate I |_| FAR 52.203-13, Contractor Code of Business Ethics and Conduct |_| FAR 52.203-15 -- Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 |X| FAR 52.204-10 -- Reporting Executive compensation and First-Tier Subcontract Awards |_| FAR 52.204-11 -- American Recovery and Reinvestment Act—Reporting Requirements |X| (P) FAR 52.204-16 --Commercial and Government Entity Code Reporting |X| FAR 52.204-18 Commercial and Government Entity Code Maintenance |X| FAR 52.209-6 -- Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment |_| (P) FAR52.209-7, Information Regarding Responsibility Matters (Incorporate by Full Text if Applicable) |_| FAR 52.209-9 -- Updates of Publicly Available Information Regarding Responsibility Matters |X| FAR 52.209-10 -- Prohibition on Contracting with Inverted Domestic Corporations |X| FAR 52.212-4, Contract Terms and Conditions-Commercial Items |X| 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2013-O0019) (OCT 2014)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(b)

(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

(vi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(vii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

(viii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(ix) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.)

(x) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(xi) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xii) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.)

(xiii) 52.222-54, Employment Eligibility Verification (Jul 2012).

(xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xvi) 52.247-64, Preference for Privately-Owned U.S.- Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

|_| (P) FAR 52.217-4 -- Evaluation of Options Exercised at Time of Contract Award

|_| (P) FAR 52.217-5 -- Evaluation of Options

|X| FAR 52.217-8 -- Option to Extend Services The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days.

(End of Clause)

|X| FAR 52.217-9 -- Option to Extend the Term of the Contract

(a) The Government may extend the term of this contract by written notice to the Contractor within 15 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

(End of Clause) |_| FAR 52.219-3 -- Notice of HUBZone Set-Aside or Sole-Source Award (Incorporate by Full Text if Applicable) |_| FAR 52.219-4 -- Notice of Price Evaluation Preference for HUBZone Small Business Concerns (if the offeror elects to waive the preference, it shall so indicate in its offer) |X| FAR 52.219-6 -- Notice of Total Small Business Aside |_| Alternate I of 52.219-6 |_| Alternate II of 52.219-6

|_| FAR 52.219-7 -- Notice of Partial Small Business Set-Aside |_| Alternate I of 52.219-7 |_| Alternate II of 52.219-7

|_| FAR 52.219-8 -- Utilization of Small Business Concerns

|_| FAR 52.219-9 -- Small Business Subcontracting Plan |_| Alternate I of 52.219-9.

|_| Alternate II of 52.219-9.

|_| Alternate III of 52.219-9.

|_| FAR 52.219-13 -- Notice of Set-Aside of Orders |_| FAR 52.219-14 -- Limitations on Subcontracting |_| FAR 52.219-16 -- Liquidated Damages—Subcontracting Plan |_| FAR 52.219-23 -- Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

|_| Alternate I of 52.219-23.

|_| FAR 52.219-25 -- Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting |_| FAR 52.219-26 -- Small Disadvantaged Business Participation Program—Incentive |_| FAR 52.219-27 -- Notice of Service-Disabled Veteran-Owned Small Business Set-Aside |X| FAR 52.219-28 -- Post Award Small Business Program Rerepresentation |_| FAR 52.219-29 -- Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns |_| FAR 52.219-30 -- Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program |X| FAR 52.222-3 -- Convict Labor |_| FAR 52.222-17, Nondisplacement of Qualified Workers |_| FAR 52.222-19 -- Child Labor—Cooperation with Authorities and Remedies |X| FAR 52.222-21 -- Prohibition of Segregated Facilities |X| (P) FAR 52.222-22 -- Previous Contracts and Compliance Reports |X| FAR 52.222-26, Equal Opportunity |X| FAR 52.222-35, Equal Opportunity for Veterans |X| FAR 52.222-36, Affirmative Action for Workers with Disabilities |X| FAR 52.222-37 -- Employment Reports on Veterans |X| FAR 52.222-40, Notification of Employee Rights Under the National Labor Relations Act |X| FAR 52.222-41 -- Service Contract Labor Standards |X| FAR 52.222-42 -- Statement of Equivalent Rates for Federal Hires (Incorporate by Full Text if Applicable) |_| FAR 52.222-43 -- Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) |_| FAR 52.222-44 -- Fair Labor Standards Act and Service Contract Labor Standards – Price |X| FAR 52.222-50, Combating Trafficking in Persons

|_| FAR 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements

|X| FAR 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements

|_| FAR 52.222-54, Employment Eligibility Verification

|_| FAR 52.222-99, Establishing a Minimum Wage for Contractors (26 June 2014 DEVIATION) (Applicable to contracts with effective dates and options after 1 Jan 2015)

|_| FAR 52.223-9 -- Estimate of Percentage of Recovered Material Content for EPA-Designated Items (Incorporate by Full Text if Applicable) |_| Alternate I of 52.223-9 (Incorporate by Full Text if Applicable) |_| FAR 52.223-15 -- Energy Efficiency in Energy-Consuming Products |_| FAR 52.223-16 -- IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products |_| Alternate I of 52.223-16.

|X| FAR 52.223-18 -- Encouraging Contractor Policies to Ban Text Messaging while Driving |_| FAR 52.225-3 -- Buy American Act--Free Trade Agreements--Israeli Trade Act |_| Alternate I of 52.225-3 |_| Alternate II of 52.225-3 |_| Alternate III of 52.225-3 |_| FAR 52.225-5 -- Trade Agreements |_| FAR 52.225-13 -- Restrictions on Certain Foreign Purchases |_| FAR 52.226-4, Notice of Disaster or Emergency Area Set-Aside |_| FAR 52.226-5 -- Restrictions on Subcontracting Outside Disaster or Emergency Area |_| FAR 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations |X| FAR 52.232-18 – Availability of Funds |X| FAR 52.232-19 – Availability of Funds for the Next Fiscal Year |_| FAR 52.232-29 -- Terms for Financing of Purchases of Commercial Items (Incorporate by Full Text if Applicable) |_| FAR 52.232-30 -- Installment Payments for Commercial Items |X| FAR 52.232-33 -- Payment by Electronic Funds Transfer—System for Award Management |_| FAR 52.232-34 -- Payment by Electronic Funds Transfer— Other than System for Award Management |_| FAR 52.232-36 -- Payment by Third Party |X| FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors |X| FAR 52.233-3 -- Protest After Award.

|X| FAR 52.233-4 -- Applicable Law for Breach of Contract Claim |_| FAR 52.237-11 -- Accepting and Dispensing of $1 Coin |X| FAR 52.239-1 -- Privacy or Security Safeguards |_| FAR 52.247-64, Preference for Privately-Owned U.S.- Flag Commercial Vessels |X| FAR 52.252-2 -- Clauses Incorporated by Reference 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

(End of Clause)

|X| FAR 52.252-6 -- Authorized Deviations in Clauses

(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. (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of Clause)

|X| DFARS 252.203-7000 -- Requirements Relating to Compensation of Former DoD Officials |X| DFARS 252.203-7002 -- Requirement to Inform Employees of Whistleblower Rights |_| DFARS 252.203-7003 -- Agency Office of the Inspector General |X| (P) DFARS 252.203-7005 -- Representation Relating to Compensation of Former DoD Officials |X| (P) DFARS 252.203-7998 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements—Representation (DEVIATION 2015-O0010)

|X| DFARS 252.203-7999 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreement (DEVIATION 2015-O0010) (See Attachment 2, Contractor Submittal Form, for full text) |_| (P) DFARS 252.204-7011 -- Alternative Line Item Structure |X| DFARS 252.204-7012 – Safeguarding of Unclassified Controlled Technical Information |X| DFARS 252.204-7015 – Disclosure of Information to Litigation Support Contractors |_| DFARS 252.205-7000 -- Provision of Information to Cooperative Agreement Holders |X| (P) DFARS 252.209-7992, Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law-Fiscal Year 2015 Appropriations (Deviation 2015-OO0005) (Dec 2014) (See Attachment 2, Contractor Submittal Form, for full text) |X| DFARS 252.211-7003 -- Item Identification and Valuation |_| DFARS 252.211-7006 -- Passive Radio Frequency Identification |_| DFARS 252.211-7007 -- Reporting of Government-Furnished Property |_| (P) DFARS 252.215-7007 -- Notice of Intent to Resolicit |_| (P) DFARS 252.215-7008 -- Only One Offer |_| DFARS 252.219-7003 -- Small Business Subcontracting Plan (DoD Contracts)

|_| DFARS 252.219-7004 -- Small Business Subcontracting Plan (Test Program) |_| DFARS 252.223-7008 -- Prohibition of Hexavalent Chromium |_| (P) DFARS 252.225-7000 -- Buy American Statute--Balance of Payments Program Certificate (See Attachment 2, Contractor Submittal Form for full text) |_| DFARS 252.225-7001 -- Buy American and Balance of Payments Program |_| Alternate I of 252.225-7001

|_| DFARS 252.225-7008 -- Restriction on Acquisition of Specialty Metals

|_| DFARS 252.225-7009 -- Restriction on Acquisition of Certain Articles Containing Specialty Metals |_| (P) DFARS 252.225-7010 -- Commercial Derivative Military Article—Specialty Metals Compliance Certificate |_| DFARS 252.225-7012 -- Preference for Certain Domestic Commodities

|_| DFARS 252.225-7015 -- Restriction on Acquisition of Hand or Measuring Tools

|_| DFARS 252.225-7016 -- Restriction on Acquisition of Ball and Roller Bearings

|_| DFARS 252.225-7017 -- Photovoltaic Devices |_| (P) DFARS 252.225-7018 -- Photovoltaic Devices—Certificate |_| (P) DFARS 252.225-7020 -- Trade Agreements Certificate.(See Attachment 2, Contractor Submittal Form, for full text) |_| DFARS 252.225-7021 -- Trade Agreements |_| Alternate I of 252.225-7021 |_| Alternate II of 252.225-7021

|_| DFARS 252.225-7027 -- Restriction on Contingent Fees for Foreign Military Sales

|_| DFARS 252.225-7028 -- Exclusionary Policies and Practices of Foreign Governments

|_| (P) DFARS 252.225-7031 – Secondary Arab Boycott of Israel

|_| (P) DFARS 252.225-7035 -- Buy American--Free Trade Agreements--Balance of Payments (See Attachment 2, Contractor Submittal Form, for full text)

|_| DFARS 252.225-7036 -- Buy American—Free Trade Agreements—Balance of Payments Program |_| Alternate I of 252.225-7036 |_| Alternate II of 252.225-7036 |_| Alternate III of 252.225-7036 |_| Alternate IV of 252.225-7036 |_| Alternate V of 252.225-7036

|_| DFARS 252.225-7038 -- Restriction on Acquisition of Air Circuit Breakers

|_| DFARS 252.225-7040 -- Contractor Personnel Authorized to Accompany U.S. Armed Forces Deployed Outside the United States |_| DFARS 252.225-7043 -- Antiterrorism/Force Protection for Defense Contractors Outside the United States (See Attachment 2, Contractor Submittal Form, for full text) |_| DFARS 252.226-7001 -- Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

|_| DFARS 252.227-7013 -- Rights in Technical Data—Noncommercial Items

|X| DFARS 252.227-7015 -- Technical Data—Commercial Items

|_| DFARS 252.227-7037 -- Validation of Restrictive Markings on Technical Data

|X| DFARS 252.232-7003 -- Electronic Submission of Payment Requests and Receiving Reports

|X| DFARS 252.232-7006 -- Wide Area WorkFlow Payment Instructions |_| DFARS 252.232-7009 -- Mandatory Payment by Governmentwide Commercial Purchase Card |X| DFARS 252.232-7010 -- Levies on Contract Payments |_| DFARS 252.232-7011 -- Payments in Support of Emergencies and Contingency Operations |X| DFARS 252.237-7010 -- Prohibition on Interrogation of Detainees by Contractor Personnel

|_| DFARS 252.237-7019 -- Training for Contractor Personnel Interacting with Detainees

|_| (P) DFARS 232.239-7017 – Notice of Supply Chain Risk

|_| DFARS 232.239-7018 – Supply Chain Risk

|X| (D) DFARS 232.239-7999 – Cloud computing Services (Deviation 2015-O0011)

|_| DFARS 252.243-7002 -- Requests for Equitable Adjustment

|_| DFARS 252.244-7000 -- Subcontracts for Commercial Items |_| DFARS 252.246-7003 -- Notification of Potential Safety Issues |_| DFARS 252.246-7004 -- Safety of Facilities, Infrastructure, and Equipment For Military Operations

|_| DFARS 252.247-7003 -- Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer

|_| DFARS 252.247-7023 -- Transportation of Supplies by Sea (MAY 2002) |_| Alternate I of 252.247-7023 |_| Alternate II of 252.247-7023

|_| DFARS 252.247-7024 -- Notification of Transportation of Supplies by Sea |_| (P) DFARS 252.247-7026 -- Evaluation Preference for Use of Domestic Shipyards — Applicable to Acquisition of Carriage by Vessel for DoD Cargo in the Coastwise or Noncontiguous Trade |_| DFARS 252.247-7027 -- Riding Gang Member Requirements |_| DFARS 252.247-7028 -- Application for U.S. Government Shipping Documentation/Instructions |X| AFFARS clause 5352.201-9101 – Ombudsman, AFICA/ KS SCO, 150 Vandenberg Street, Peterson AFB CO 80914, (P) 719-554-5300, (F) 719-554-5299, afica.ks.wf@us.af.mil |X| AFFARS 5352.223-9000 -- Elimination of Use of Class I Ozone Depleting Substances (ODS) |X| AFFARS 5352.223-9001 -- Health and Safety on Government Installations |X| AFFARS clause 5352.242-9000 -- Contractor Access to Air Force Installations

|X| AFFARS 5352.242-9001 -- Common Access Cards (CAC) for Contractor Personnel DFARS 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).

Invoice + Receiving Report (Combo)

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

Peterson AFB, CO

(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.

(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.

Babette.c.whorley.civ@mail.mil Douglas.nielsen.2@us.af.mil

(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.

21cons.lgcbb@us.af.mil

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

(End of clause) 252.239-7999 Cloud Computing Services. (DEVIATION 2015-O0011) As prescribed in 239.9903, use the following clause:

CLOUD COMPUTING SERVICES (DEVIATION 2015-O0011) (JAN 2015)

(a)Definitions. As used in this clause—

“Access” means the ability or opportunity to gain knowledge of Government or Government-related data or any other data collected or maintained on behalf of the United States Government under this contract.

“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.

“Government data” means any information, document, media, or machine readable material, regardless of physical form or characteristics, that is created or obtained 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 a contractor’s business records, e.g., financial records, legal records, or data such as operating procedures, software coding or algorithms that are not uniquely applied to the Government data.

“Spillage” means an unauthorized transfer of classified data or controlled unclassified information to an information system that is not accredited for the applicable security level of the data or information.

(b)Cloud security requirements. The Contractor shall adopt and maintain administrative, technical, and physical safeguards and controls that are required for the security level and services being provided, in accordance with the Cloud Computing Security Requirements Guide (SRG) (version in effect at the time of contract award) found at http://iase.disa.mil/cloud_security/Pages/index.aspx (Note: the new cyber incident reporting requirements of SRG section 6.4 become enforceable by the Government upon the effective date of the information collection governing the new reporting requirements (see DFARS case 2013- D018). However, this does not abrogate, limit, or otherwise affect the Contractor’s obligation to comply with any other cyber incident reporting or other reporting requirement that is contained in this contract).

(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 issued hereunder.

(i)If authorized by the terms of this contract or a task 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.

(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)Records management.

(1)The Contractor shall deliver to the Contracting Officer all Government data and Government-related data in the format specified in the schedule.

(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.

(e)Notification of third party access to Government data. The Contractor shall notify the Government immediately of any requests from a third party for 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, that could result in the disclosure of any Government data to a third party. The Contractor shall cooperate with the Government to take all measures to protect Government data from any loss or unauthorized disclosure that might reasonably result from the execution of any such request, warrant, seizure, subpoena, or similar legal process.

(f)Spillage. Upon written notification by the Government of a spillage, or the Contractor’s discovery of a spillage, the Contractor shall coordinate immediately with the responsible Government official to correct the spillage in compliance with agency-specific instructions.

(g)Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (g), in all subcontracts, including subcontracts for commercial items.

(End of clause) 52.222-42 -- Statement of Equivalent Rates for Federal Hires (May 2014) This Statement is for Information Only:

It is not a Wage Determination

COMPUTER SYSTEMS ANALYST

GS-8 Step 3 At least $913/week ($47,476/year) or at least $27.63/hour

See supporting documentation from WD 15-5417 (Rev. – 2) dated 12/19/2015 and Small Entity Compliance Guide to the Fair Labor Standards Act’s “White Collar” Exemptions:

14000 - Information Technology Occupations

THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THE FOLLOWING:

1) COMPUTER EMPLOYEES: Under the SCA at section 8(b), this wage determination does not apply to any employee who individually qualifies as a bona fide executive, administrative, or professional employee as defined in 29 C.F.R. Part 541. Because most Computer System Analysts and Computer Programmers who are compensated at a rate not less than $27.63 (or on a salary or fee basis at a rate not less than $455 per week) an hour would likely qualify as exempt computer professionals, (29 C.F.R. 541. 400) wage rates may not be listed on this wage determination for all occupations within those job families. In addition, because this wage determination may not list a wage rate for some or all occupations within those job families if the survey data indicates that the prevailing wage rate for the occupation equals or exceeds $27.63 per hour conformances may be necessary for certain nonexempt employees. For example, if an individual employee is nonexempt but nevertheless performs duties within the scope of one of the Computer Systems Analyst or Computer Programmer occupations for which this wage determination does not specify an SCA wage rate, then the wage rate for that employee must be conformed in accordance with the conformance procedures described in the conformance note included on this wage determination.

Additionally, because job titles vary widely and change quickly in the computer industry, job titles are not determinative of the application of the computer professional exemption. Therefore, the exemption applies only to computer employees who satisfy the compensation requirements and whose primary duty consists of:

(1) The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications;

(2) The design, development, documentation, analysis, creation, testing or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications;

(3) The design, documentation, testing, creation or modification of computer programs related to machine operating systems; or

(4) A combination of the aforementioned duties, the performance of which requires the same level of skills. (29 C.F.R. 541.400).