Amendment 0002 - Extended Proposal Due Date.pdf

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11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER

NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

16C. DATE SIGNED

Previous edition unusable STANDARD FORM 30 (REV. 11/2016) Prescribed by GSA FAR (48 CFR) 53.243

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE PAGE OF PAGES

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

6. ISSUED BY CODE 7. ADMINISTERED BY (If other than Item 6) CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X) 9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBE

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

Section A - Solicitation/Contract Form

The following changes have been made:

INFORMATION FROM TO

Response Due Date 15 Jun 2023 22 Jun 2023

Section I - Contract Clauses

Miscellaneous text in this section has been modified to:

52.236-14 Availability and Use of Utility Services.

As prescribed in , insert the following clause in and contracts when a fixed-price contract or a fixed-price 36.514 solicitations construction dismantling, demolition, or removal of improvements contract is contemplated, the contract is to be performed on Government sites when the decides (a) that the existing utility system is adequate for the needs of both the Government and the contractor, and (b) furnishing contracting officer it is in the Government's interest. When this clause is used, the list the available utilities in the contract. contracting officer shall

Availability and Use of Utility Services (Apr 1984)

(a) The Government make all reasonably required amounts of utilities available to the Contractor from existing outlets and , as specified shall supplies in the contract. Unless otherwise provided in the contract, the amount of each utility service consumed be charged to or paid for by the shall Contractor at prevailing rates charged to the Government or, where the utility is produced by the Government, at reasonable rates determined by the

. The Contractor carefully conserve any utilities furnished without charge.Contracting Officer shall

(b) The Contractor, at its expense and in a workmanlike manner satisfactory to the , install and maintain all necessary Contracting Officer shall temporary connections and distribution lines, and all meters required to measure the amount of each utility used for the purpose of determining charges. Before final acceptance of the work by the Government, the Contractor remove all the temporary connections, distribution lines, shall meters, and associated paraphernalia.

(End of clause)

52.219-28 Post-Award Small Business Program Rerepresentation.

As prescribed in , insert the following clause: (c)(1)19.309

Post-Award Small Business Program Rerepresentation (Mar 2023)

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

Long-term contract means a contract of more than five years in duration, including . However, the term does not include contracts that exceed options five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at

, to Extend Services, or other appropriate authority.52.217-8 Option

Small business concern--

(1) Means a concern, including its , that is independently owned and operated, not dominant in its field of operation, and qualified as a small affiliates business under the criteria in and the size standard in paragraph (d) of this clause. 13 CFR part 121

FA309923R00030002

https://www.acquisition.gov/far/36.514#FAR_36_514 https://www.acquisition.gov/far/19.309#FAR_19_309 https://www.acquisition.gov/far/52.217-8#FAR_52_217_8 https://www.ecfr.gov/current/title-13/part-121

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) If the Contractor represented that it was any of the identified in (a)(3) prior to award of this contract, the Contractor small business concerns 19.000 rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon shall occurrence of any of the following:

(1) Within 30 days after execution of a or within 30 days after modification of the contract to include this clause, if the novation agreement novation was executed prior to inclusion of this clause in the contract.agreement

(2) Within 30 days after a merger or that does not require a novation or within 30 days after modification of the contract to include this acquisition clause, if the merger or occurred prior to inclusion of this clause in the contract. acquisition

(3) For - long-term contracts

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any thereafter. option

(c) If the Contractor represented that it was any of the identified in (a)(3) prior to award of this contract, the Contractor small business concerns 19.000 rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when theshall explicitly requires it for an order issued under a .Contracting Officer multiple-award contract

(d) The Contractor rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to shall the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at . https://www.sba.gov/document/support--table-size-standards

(e) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a or service contract, is construction 500 employees, or 150 employees for value-added resellers under NAICS code information technology if the --238990, acquisition

(1) Was set aside for small business and has a value above the ; simplified acquisition threshold

(2) Used the price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or HUBZone

(3) Was an 8(a), , service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside HUBZone or sole-source award regardless of dollar value.

(f) Except as provided in paragraph (h) of this clause, the Contractor make the representation(s) required by paragraph (b) and (c) of this clause shall by validating or updating all its representations in the Representations and Certifications section of the ) and its System for Award Management (SAM other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor notify the shall contracting office in writing within the timeframes specified in paragraph (b) of this clause, or with its for an order (see paragraph (c) of this clause), that the data have been offer validated or updated, and provide the date of the validation or update.

(g) If the Contractor represented that it was other than a prior to award of this contract, the Contractor , but is not required small business concern may to, take the actions required by paragraphs (f) or (h) of this clause.

(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the , along with the contracting office contract number and the date on which the rerepresentation was completed:

(1) The Contractor represents that it is, is not a under NAICS Code _____ assigned to contract number _____. small business concern

(2) [ .] The Contractor represents that Complete only if the Contractor represented itself as a in paragraph (h)(1) of this clause small business concern it is, is not, a as defined in . small disadvantaged business concern 13 CFR 124.1002

(3) [ ] The Contractor represents that Complete only if the Contractor represented itself as a in paragraph (h)(1) of this clause. small business concern it is, is not a women-owned . small business concern

(4) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The Contractor represents that it is, is not a joint venture that complies with the requirements of through . [ 13 CFR 127.506(a) (c) The Contractor enter the name and of shall unique entity identifier

__.]each party to the joint venture:

(5) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The Contractor represents that it is, is not a joint venture that complies with the requirements of through . [ 13 CFR 127.506(a) (c) The Contractor enter the name and of each shall unique entity identifier

__ .]party to the joint venture:

(6) [ ] The Contractor represents that Complete only if the Contractor represented itself as a in paragraph (h)(1) of this clause. small business concern it is, is not a veteran-owned . small business concern

FA309923R00030002

https://www.acquisition.gov/far/19.000#FAR_19_000 https://www.acquisition.gov/far/19.000#FAR_19_000 https://www.sba.gov/document/support--table-size-standards https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(a) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(c) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(a) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(c)

(7) [ ] The Contractor Complete only if the Contractor represented itself as a veteran-owned in paragraph (h)(6) of this clause. small business concern represents that it is, is not a . service-disabled veteran-owned small business concern

(8) [ ] The Contractor represents Complete only if the Contractor represented itself as a in paragraph (h)(1) of this clause. small business concern that--

(i) It is, is not a listed, on the date of this representation, on the List of Qualified HUBZone small business concern HUBZone Small Business maintained by the Small Business Administration, and no material changes in ownership and control, principal office, orConcerns HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It is, is not a joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this HUBZone clause is accurate for each participating in the joint venture. [ HUBZone small business concern HUBZone The Contractor enter the names of shall

] Eacheach of the participating in the joint venture: _____. HUBZone small business concerns HUBZone HUBZone small business concern participating in the joint venture submit a separate signed copy of the representation. HUBZone shall HUBZone

[ ] Contractor to sign and date and insert authorized signer's name and title.____________________________

(End of clause)

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

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

SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (JAN 2023)

(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.

FA309923R00030002

https://www.acquisition.gov/dfars/204.7304-solicitation-provisionand-contract-clauses.#DFARS_204.7304

"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 , Rights in 252.227-7013 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 , Cloud Computing Services, of this 252.239-7010 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 http://dx.doi.org/10.6028/NIST.SP.800-171) in effect at the time the solicitation is issued or as authorized by the Contracting Officer.

(ii)(A) The Contractor shall implement NIST SP 800-171, as soon as practical, but not later than December 31, 2017. For all contracts awarded prior to October 1, 2017, the Contractor shall notify the DoD Chief Information Officer (CIO), via email at osd.dibcsia@mail.mil, within 30 days of contract award, of any security requirements specified by NIST SP 800-171 not implemented at the time of contract award.

(B) The Contractor shall submit requests to vary from NIST SP 800-171 in writing to the Contracting Officer, for consideration by the DoD CIO. The Contractor need not implement any security requirement adjudicated by an authorized representative of the DoD CIO to be nonapplicable or to have an alternative, but equally effective, security measure that may be implemented in its place.

(C) If the DoD CIO has previously adjudicated the contractor's requests indicating that a requirement is not applicable or that an alternative security measure is equally effective, a copy of that approval shall be provided to the Contracting Officer when requesting its recognition under this contract.

(D) If the Contractor intends to use an external cloud service provider to store, process, or transmit any covered defense information in performance of this contract, the Contractor shall require and ensure that the cloud service provider meets security requirements equivalent to those established by the Government for the Federal Risk and Authorization Management Program (FedRAMP) Moderate baseline (https://www.fedramp.gov/resources /documents/) and that the cloud service provider complies with requirements in paragraphs (c) through (g) of this clause for cyber incident reporting, malicious software, media preservation and protection, access to additional information and equipment necessary for forensic analysis, and cyber incident damage assessment.

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

(c) . Cyber incident reporting requirement

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

FA309923R00030002

https://www.acquisition.gov/dfars/252.227-7013-rights-technical-data%E2%80%94other-commercial-products-and-commercial-services.#DFARS_252.227-7013 https://www.acquisition.gov/dfars/252.239-7010-cloud-computing-services.#DFARS_252.239-7010

(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- , Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information.7009

(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 information, including subcontracts for commercial products or commercial services, without alteration, except to identify the parties. The Contractor shall determine if the information required for subcontractor performance retains its identity as covered defense information and will require protection under this clause, and, if necessary, consult with the Contracting Officer; and

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https://www.acquisition.gov/dfars/252.204-7009-limitations-use-or-disclosure-third-party-contractor-reported-cyber-incident-information.#DFARS_252.204-7009 https://www.acquisition.gov/dfars/252.204-7009-limitations-use-or-disclosure-third-party-contractor-reported-cyber-incident-information.#DFARS_252.204-7009

(2) Require subcontractors to--

(i) Notify the prime Contractor (or next higher-tier subcontractor) when submitting a request to vary from a NIST SP 800-171 security requirement to the Contracting Officer, in accordance with paragraph (b)(2)(ii)(B) of this clause; and

(ii) Provide the incident report number, automatically assigned by DoD, to the prime Contractor (or next higher-tier subcontractor) as soon as practicable, when reporting a cyber incident to DoD as required in paragraph (c) of this clause.

(End of clause)

252.204-7020 NIST SP 800-171DoD Assessment Requirements.

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

NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (JAN 2023)

(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 Information and Cyber Incident Reporting, of this contract.

"High Assessment" means an assessment that is conducted by Government personnel using NIST SP 800-171A, Assessing Security Requirements for Controlled Unclassified Information that--

(1) Consists of--

(i) A review of a contractor's Basic Assessment;

(ii) A thorough document review;

(iii) Verification, examination, and demonstration of a Contractor's system security plan to validate that NIST SP 800-171 security requirements have been implemented as described in the contractor's system security plan; and

(iv) Discussions with the contractor to obtain additional information or clarification, as needed; and

(2) Results in a confidence level of "High" in the resulting score.

"Medium Assessment" means an assessment conducted by the Government that--

(1) Consists of--

(i) A review of a contractor's Basic Assessment;

(ii) A thorough document review; and

(iii) Discussions with the contractor to obtain additional information or clarification, as needed; and

(2) Results in a confidence level of "Medium" in the resulting score.

(b) . This clause applies to covered contractor information systems that are required to comply with the National Institute of Standards Applicability and Technology (NIST) Special Publication (SP) 800-171, in accordance with Defense Federal Acquisition Regulation System (DFARS) clause at 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting, of this contract.

FA309923R00030002

https://www.acquisition.gov/dfars/204.7304-solicitation-provisionand-contract-clauses.#DFARS_204.7304

(c) . The Contractor shall provide access to its facilities, systems, and personnel necessary for the Government to conduct a Medium or Requirements High NIST SP 800-171 DoD Assessment, as described in NIST SP 800-171 DoD Assessment Methodology at https://www.acq.osd.mil/asda/dpc/cp

, if necessary./cyber/safeguarding.html#nistSP800171

(d) . Summary level scores for all assessments will be posted in the Supplier Performance Risk System (SPRS) () to provide DoD Procedures Components visibility into the summary level scores of strategic assessments.

(1) . A contractor may submit, via encrypted email, summary level scores of Basic Assessments conducted in accordance with the Basic Assessments NIST SP 800-171 DoD Assessment Methodology to for posting to SPRS.

(i) The email shall include the following information:

(A) Version of NIST SP 800-171 against which the assessment was conducted.

(B) Organization conducting the assessment (e.g., Contractor self-assessment).

(C) For each system security plan (security requirement 3.12.4) supporting the performance of a DoD contract--

( ) All industry Commercial and Government Entity (CAGE) code(s) associated with the information system(s) addressed by the system security 1 plan; and

( ) A brief description of the system security plan architecture, if more than one plan exists.2

(D) Date the assessment was completed.

(E) Summary level score (e.g., 95 out of 110, NOT the individual value for each requirement).

(F) Date that all requirements are expected to be implemented (i.e., a score of 110 is expected to be achieved) based on information gathered from associated plan(s) of action developed in accordance with NIST SP 800-171.

(ii) If multiple system security plans are addressed in the email described at paragraph (b)(1)(i) of this section, the Contractor shall use the following format for the report:

System Security Plan

CAGE Codes supported by this plan

Brief description of the plan architecture

Date of assessment

Total Score

Date score of 110 will achieved

(2) Medium and High Assessments. DoD will post the following Medium and/or High Assessment summary level scores to SPRS for each system security plan assessed:

(i) The standard assessed (e.g., NIST SP 800-171 Rev 1).

(ii) Organization conducting the assessment, e.g., DCMA, or a specific organization (identified by Department of Defense Activity Address Code (DoDAAC)).

(iii) All industry CAGE code(s) associated with the information system(s) addressed by the system security plan.

(iv) A brief description of the system security plan architecture, if more than one system security plan exists.

(v) Date and level of the assessment, i.e., medium or high.

(vi) Summary level score (e.g., 105 out of 110, not the individual value assigned for each requirement).

(vii) Date that all requirements are expected to be implemented (i.e., a score of 110 is expected to be achieved) based on information gathered from associated plan(s) of action developed in accordance with NIST SP 800-171.

(e) . Rebuttals

FA309923R00030002

https://www.acq.osd.mil/dpap/pdi/cyber/strategically_assessing_contractor_implementation_of_NIST_SP_800-171.html https://www.acq.osd.mil/dpap/pdi/cyber/strategically_assessing_contractor_implementation_of_NIST_SP_800-171.html

(1) DoD will provide Medium and High Assessment summary level scores to the Contractor and offer the opportunity for rebuttal and adjudication of assessment summary level scores prior to posting the summary level scores to SPRS (see SPRS User's Guide https://www.sprs.csd.disa.mil/pdf

)./SPRS_Awardee.pdf

(2) Upon completion of each assessment, the contractor has 14 business days to provide additional information to demonstrate that they meet any security requirements not observed by the assessment team or to rebut the findings that may be of question.

(f) . Accessibility

(1) Assessment summary level scores posted in SPRS are available to DoD personnel, and are protected, in accordance with the standards set forth in DoD Instruction 5000.79, Defense-wide Sharing and Use of Supplier and Product Performance Information (PI).

(2) Authorized representatives of the Contractor for which the assessment was conducted may access SPRS to view their own summary level scores, in accordance with the SPRS Software User's Guide for Awardees/Contractors available at .

(3) A High NIST SP 800-171 DoD Assessment may result in documentation in addition to that listed in this clause. DoD will retain and protect any such documentation as "Controlled Unclassified Information (CUI)" and intended for internal DoD use only. The information will be protected against unauthorized use and release, including through the exercise of applicable exemptions under the Freedom of Information Act (e.g., Exemption 4 covers trade secrets and commercial or financial information obtained from a contractor that is privileged or confidential).

(g) Subcontracts.

(1) The Contractor shall insert the substance of this clause, including this paragraph (g), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services (excluding commercially available off-the-shelf).

(2) The Contractor shall not award a subcontract or other contractual instrument, that is subject to the implementation of NIST SP 800-171 security requirements, in accordance with DFARS clause 252.204-7012 of this contract, unless the subcontractor has completed, within the last 3 years, at least a Basic NIST SP 800-171 DoD Assessment, as described in , for https://www.acq.osd.mil/asda/dpc/cp/cyber/safeguarding.html#nistSP800171 all covered contractor information systems relevant to its offer that are not part of an information technology service or system operated on behalf of the Government.

(3) If a subcontractor does not have summary level scores of a current NIST SP 800-171 DoD Assessment (i.e., not more than 3 years old unless a lesser time is specified in the solicitation) posted in SPRS, the subcontractor may conduct and submit a Basic Assessment, in accordance with the NIST SP 800-171 DoD Assessment Methodology, to for posting to SPRS along with the information required by mailto:webptsmh@navy.mil paragraph (d) of this clause.

(End of clause)

52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons.

As prescribed in , insert the following clause: (a)(1)23.804

Ozone-Depleting Substances and ( Jun 2016) High Global Warming Potential Hydrofluorocarbons

(a) Definitions. As used in this clause-

Global warming potential means how much a given mass of a chemical contributes to global warming over a given time period compared to the same mass of carbon dioxide. Carbon dioxide's is defined as 1.0. global warming potential

High global warming potential hydrofluorocarbons means any in a particular end use for which EPA's Significant New hydrofluorocarbons Alternatives Policy (SNAP) program has identified other acceptable alternatives that have lower . The SNAP list of global warming potential alternatives is found at subpart G with supplemental tables of alternatives available at ( http://www.epa.gov/snap/). 40 CFR Part 82

Hydrofluorocarbons means compounds that only contain hydrogen, fluorine, and carbon.

Ozone-depleting substance, means any substance the Environmental Protection Agency designates in as- 40 CFR part 82

(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform; or

(2) Class II, including, but not limited to, hydrochlorofluorocarbons.

FA309923R00030002

https://www.sprs.csd.disa.mil/pdf/SPRS_Awardee.pdf https://www.sprs.csd.disa.mil/pdf/SPRS_Awardee.pdf https://www.acq.osd.mil/dpap/pdi/cyber/strategically_assessing_contractor_implementation_of_NIST_SP_800-171.html https://www.acquisition.gov/far/23.804#FAR_23_804

(b) The Contractor label that contain or are manufactured with in the manner and to the extent required by shall products ozone-depleting substances 42 U.S.C.7671j(b), (c), (d), and (e) and , subpartE, as follows: 40 CFR part 82

Warning

Contains (or manufactured with, if applicable) *_______, a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere.

* The Contractor insert the name of the substance(s). shall

(c) Reporting. For equipment and appliances that normally each contain 50 or more pounds of or refrigerant blends containing hydrofluorocarbons , the Contractor -hydrofluorocarbons shall

(1) Track on an annual basis, between October 1 and September 30, the amount in pounds of or refrigerant blends containing hydrofluorocarbons contained in the equipment and appliances delivered to the Government under this contract by-hydrofluorocarbons

(i) Type of hydrofluorocarbon (e.g., HFC-134 a, HFC-125, R-410 A, R-404 A, .); etc

(ii) Contract number; and

(iii) Equipment/appliance;

(2) Report that information to the for FY16 and to www.sam.gov, for FY17 and after- Contracting Officer

(i) Annually by November 30 of each year during contract performance; and

(ii) At the end of contract performance.

(d) The Contractor refer to EPA's SNAP program (available at http://www.epa.gov/snap) to identify alternatives. The SNAP list of alternatives is shall found at subpart G with supplemental tables available at http://www.epa.gov/snap. 40 CFR part 82

(End of clause)

52.204-26 Covered Telecommunications Equipment or Services-Representation.

As prescribed in , insert the following provision: (c)4.2105

Covered Telecommunications Equipment or Services-Representation (Oct 2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause , Prohibition on for Certain Telecommunications and Video Surveillance Services or Equipment. 52.204-25 Contracting

(b) Procedures. The review the list of excluded parties in the ) ( ) for entities Offeror shall System for Award Management (SAM https://www.sam.gov excluded from receiving federal awards for "covered telecommunications equipment or services".

(c)

(1) Representation. The represents that it does, does not provide covered telecommunications equipment or services as a part of its offered Offeror or services to the Government in the performance of any contract, subcontract, or other contractual instrument.products

(2) After conducting a reasonable inquiry for purposes of this representation, the represents that it does, does not use covered offeror telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

FA309923R00030002

https://www.acquisition.gov/far/4.2105#FAR_4_2105 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.sam.gov/

52.225-25 Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran--Representation and Certifications.

As prescribed at , insert the following provision: (e)25.1103

Prohibition on With Entities Engaging in Certain Activities or Transactions Relating to Iran--Representation and Certifications (Jun 2020) Contracting

(a) Definitions. As used in this provision-

Person--

(1) Means-

(i) A natural ; person

(ii) A corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise; and

(iii) Any successor to any entity described in paragraph (1)(ii) of this definition; and

(2) Does not include a government or governmental entity that is not operating as a business enterprise.

Sensitive technology-

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically-

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Economic Powers Act ( 50 U.S.C. 1702(b)(3)). Emergency

(b) The e-mail questions concerning to the Department of State at . offeror shall sensitive technology CISADA106@state.gov

(c) Except as provided in paragraph (d) of this provision or if a waiver has been granted in accordance with Federal Regulation (FAR) Acquisition , by submission of its , the --25.703-4 offer offeror

(1) Represents, to the best of its knowledge and belief, that the does not export any to the government of Iran or any offeror sensitive technology entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;

(2) Certifies that the , or any owned or controlled by the , does not engage in any activities for which sanctions be imposed offeror person offeror may under section 5 of the Iran Sanctions Act. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum in Iran, sale and provision of refined petroleum to Iran, and contributing to Iran's ability to acquire or develop products products certain weapons or technologies; and

(3) Certifies that the , and any owned or controlled by the , does not knowingly engage in any transaction that exceeds the offeror person offeror threshold at FAR (a)(2) with Iran's Revolutionary Guard Corps or any of its officials, agents, or , the property and interests in 25.703-2 affiliates property of which are blocked pursuant to the International Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC's Specially Emergency Designated Nationals and Blocked List at ttps://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx). Persons h

(d) Exception for trade agreements. The representation requirement of paragraph (c)(1) and the certification requirements of paragraphs (c)(2) and (c)

(3) of this provision do not apply if-

(1) This includes a trade agreements notice or certification ( , , , , , or comparable agency solicitation e.g. 52.225-4 52.225-6 52.225-12 52.225-24 provision); and

(2) The has certified that all the offered to be supplied are designated country or designated country offeror products end products construction material.

(End of provision)

FA309923R00030002

https://www.acquisition.gov/far/25.1103#FAR_25_1103 https://www.acquisition.gov/far/25.703-4#FAR_25_703_4 https://www.acquisition.gov/far/25.703-2#FAR_25_703_2 https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx https://www.acquisition.gov/far/52.225-4#FAR_52_225_4 https://www.acquisition.gov/far/52.225-6#FAR_52_225_6 https://www.acquisition.gov/far/52.225-12#FAR_52_225_12 https://www.acquisition.gov/far/52.225-24#FAR_52_225_24

52.204-27 Prohibition on a ByteDance Covered Application.

As prescribed in , insert the following clause: (c)4.2203

Prohibition on a ByteDance (Jun 2023) Covered Application

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

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Information technology, as defined in 40 U.S.C. 11101(6)--

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic , storage, analysis, evaluation, acquisition manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive

, if the equipment is used by the directly or is used by a contractor under a contract with the that requires the agency executive agency executive agency use--

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, "No TikTok on Government Devices" Implementation Guidance, collectively prohibit the presence or use of a on covered application executive agency

, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using ainformation technology covered on any owned or managed by the Government, or on any used or provided by the application information technology information technology

Contractor under this contract, including equipment provided by the Contractor's employees; however, this prohibition does not apply if the provides written notification to the Contractor that an exception…