FA8604-16-R-7000_(12-9-15)_for_FBO_POSTING.pdf
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SOLICITATION, OFFER AND AWARD
1. THIS CONTRACT IS A RATED ORDER
UNDER DPAS (15 CFR 350)
RATING
DO-C9
PAGE OF PAGES
1 35
2. CONTRACT NO. 3. SOLICITATION NO. 4. TYPE OF SOLICITATION
SEALED BID (IFB)
NEGOTIATED (RFP)
5. DATE ISSUED
6. REQUISITION/PURCHASE NO.
FA8604-16-R-7000
7. ISSUED BY AFLCMC/PZITA CODE FA8604 8. ADDRESS OFFER TO (If other than Item 7)
USAF/AFMC/AFLCMC
AF LIFE CYCLE MANAGEMENT CENTER
2275 D STREET, BLDG 16, RM 128
WRIGHT-PATTERSON AFB OH 45433-7228
ADAM L. SMITH 937-656-7424
ADAM.SMITH.71@US.AF.MIL
NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder”.
SOLICITATION
9. Notice to Offerors: Funds are not presently available for this effort. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs.
10. FOR
INFORMATION
CALL:
A. NAME
See Block 7
B. TELEPHONE (Include area code)
(NO COLLECT CALLS)
C. E-MAIL ADDRESS
11. TABLE OF CONTENTS
() SEC. DESCRIPTION PAGE(S) () SEC DESCRIPTION PAGE(S)
PART I - THE SCHEDULE PART II - CONTRACT CLAUSES
A SOLICITATION/CONTRACT FORM 1 I CONTRACT CLAUSES 16
B SUPPLIES OR SERVICES AND PRICES/COSTS 2 PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACH.
C DESCRIPTION/SPECS./WORK STATEMENT 6 J LIST OF ATTACHMENTS 35
D PACKAGING AND MARKING 7 PART IV - REPRESENTATIONS AND INSTRUCTIONS
E INSPECTION AND ACCEPTANCE 8 K REPRESENTATIONS, CERTIFICATIONS, K - 1
F DELIVERIES OR PERFORMANCE 9 AND OTHER STATEMENTS OF OFFERORS
G CONTRACT ADMINISTRATION DATA 11 L INSTRS, CONDS, AND NOTICES TO OFFERORS L - 1
H SPECIAL CONTRACT REQUIREMENTS 15 M EVALUATION FACTORS FOR AWARD M - 1
OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.
12. In compliance with the above, the undersigned agrees, if this offer is accepted within ____ ____ calendar days (60 calendar days unless a different period is inserted by the offeror) from the date of receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.
13. DISCOUNT FOR PROMPT PAYMENT
(See Section I, Clause No. 52.232-8)
10 CALENDAR DAYS
20 CALENDAR DAYS
30 CALENDAR DAYS
CALENDAR DAYS
14. ACKNOWLEDGEMENTS OF AMENDMENTS
(The offeror acknowledges receipt of amend-
AMENDMENT NO. DATE AMENDMENT NO. DATE
ments to the SOLICITATION for offerors and related documents numbered and dated:
15A. NAME
AND
CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN
OFFER (Type or print)
ADDRESS
OF
OFFEROR
15B. TELEPHONE NO. (Include area code)
15C. CHECK IF REMITTANCE ADDRESS
IS DIFFERENT FROM ABOVE - ENTER
SUCH ADDRESS IN SCHEDULE.
17. SIGNATURE 18. OFFER DATE
AWARD (To be completed by Government)
19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION
22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETI-
TION: 23. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified)
ITEM
10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c) ( )
24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE
26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA
(Signature of Contracting Officer)
28. AWARD DATE
IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.
AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 33 (REV. 9-97)
PREVIOUS EDITION IS UNUSABLE Prescribed by GSA ConWrite Version 6.14.5 FAR (48 CFR) 53.21(c) Created 09 Dec 2015 8:50 AM
PART I - THE SCHEDULE
SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS
SECTION B FA8604-16-R-7000
Qty Unit Price ITEM SUPPLIES OR SERVICES Purch Unit Total Item Amount
LABOR
0100 __________ Noun: LABOR
ACRN: U
PSC:
Contract type: J - FIRM FIXED PRICE Start Date: ASREQ Completion Date: ASREQ Descriptive Data:
Non-personal services to perform tasks associated with the NASIC IT Support Services (N-ITSS) in accordance with the Performance Work Statement (PWS) "N-ITSS IDIQ PWS." Reference Section J, Attachment 1, and individual task orders.
a. The contractor shall perform services in accordance with the basic ID/IQ Performance Work Statement (PWS) entitled "N-ITSS IDIQ PWS v2." Reference Section J, Attachment 1 and the specific PWS associated to each Task Order. Task Orders 0001, 0002 and 0003 are attached in Section J for this RFP.
Contract ordering period will be for five (5) years from the date of contract award.
Performance period will be specified in individual task order(s).
0200 __________ Noun: EMERGENCY SUPPORT
ACRN: U
PSC:
Contract type: S - COST Start Date: ASREQ Completion Date: ASREQ Descriptive Data:
a. The contractor shall perform services in accordance with paragraph 5.8.9, "Surge CLIN," of the PWS entitled "N-ITSS IDIQ PWS." Reference Section J, Attachment 1.
b. The total estimated cost of this CLIN is estimated to be $____________.
c. Contract ordering period will be for five (5) years from the date of contract award.
Qty Unit Price ITEM SUPPLIES OR SERVICES Purch Unit Total Item Amount
0300 1 __________ Lot __________ Noun: TRAVEL
ACRN: U
PSC:
NSN: N - Not Applicable Contract type: S - COST Inspection: SOURCE Acceptance: SOURCE
FOB: SOURCE
Descriptive Data:
a. All travel must be in direct support of this effort and in accordance with the Joint Travel Regulations (JTR).
b. Travel shall be reimbursed in accordance with FAR 31.205-46, "Travel Costs."
c. All travel shall be approved by the Program Manager prior to commencement of travel.
d. Profit shall not be paid on travel costs.
e. The total cost of this CLIN is estimated to be $_________.
f. Contract ordering period will be for five (5) years from the date of contract award.
Qty Unit Price ITEM SUPPLIES OR SERVICES Purch Unit Total Item Amount
0400 1 __________ Lot __________ Noun: EQUIPMENT AND MATERIAL
ACRN: U
PSC:
NSN: N - Not Applicable Contract type: S - COST Inspection: SOURCE Acceptance: SOURCE
FOB: SOURCE
Descriptive Data:
1. a. Non-labor costs associated with the performance of CLIN 0100. (e.g. equipment and materials, conference attendance, equipment transportation, etc.)
b. All ODCs must be in direct support of this effort.
c. Purchases greater than $10,000.00 must be approved by the Contracting Officer prior to acquisition.
d. Profit shall not be paid on purchases made under this CLIN.
e. The total cost of this CLIN is estimated to be $____________.
2. The Contractor shall obtain a minimum of three (3) commercial prices on subject equipment or supplies and recommend the lower of the prices or provide rationale for other than lowest price, with said prices to be furnished to the Contracting Officer for Goverment determination to purchase the equipment or supplies.
3. Contract ordering period will be for five (5) years from the date of contract award.
0500 1 __________ Lot __________ Noun: DATA
ACRN: U
PSC:
NSN: N - Not Applicable Contract type: J - FIRM FIXED PRICE Inspection: SOURCE Acceptance: SOURCE
FOB: SOURCE
Descriptive Data:
a. Data shall be delivered in accordance with Section J, Exhibits A through F, DD Form 1423, "Contract Data Requirements List (CDRL)." The required CDRL deliverables and associated DID are located in section 8 of each PWS.
b. This CLIN is NOT SEPARATELY PRICED. The cost for data is included in CLIN 0100, Labor.
NOTICE: The following contract clauses pertinent to this section are hereby incorporated in full text:
OTHER CONTRACT CLAUSES IN FULL TEXT
B039 INDEFINITE QUANTITY (DEC 2005) (TAILORED)
This is an Indefinite Quantity contract as contemplated by FAR 16.504. The total scope of the technical tasks for which orders may be issued is set forth in paragraph 3 of the attached Performance Work Statement (PWS). The maximum dollar amount the Government may order under this contract is $45.37M; the minimum amount is $1.0M.
B040 ORDERING PROCEDURES (DEC 2005)
(a) Orders will be issued by a Procuring Contracting Officer in accordance with the Ordering clause of this contract. However, the following procedures shall be used for negotiation of orders.
(1) The Contracting Officer will provide the Contractor with a copy of the notification of each proposed Order which will include a description of work to be performed, description of expertise required, and desired completion date.
(2) The Contractor shall then: (i) submit to the Contracting Officer a brief technical discussion describing how the work will be performed; (ii) submit a cost proposal identifying labor categories and number of hours within each category required for the performance of the proposed work;
(iii) identify and provide rationale for all non-labor cost elements required for performance; and (iv) identify any Government property required for performance.
(3) Upon receipt of the proposal, the Contracting Officer will analyze the proposal and, if acceptable, issue an Order directing the Contractor to commence performance, or if the proposal is not fully acceptable as offered, negotiations shall be conducted prior to issuance of any Order . In the event issues pertaining to a proposed work cannot be resolved to the satisfaction of the Contracting Officer, the Contracting Officer reserves the right to withdraw and cancel the proposed work. In such event, the Contractor shall be notified, via letter, of the Contracting Officer's decision. This decision shall be final and conclusive and shall not be subject to the Disputes clause or the Contract Disputes Act.
(b) The Contractor is not authorized to commence performance prior to issuance of the Order by the Contracting Officer.
B050 ALLOWABLE COST AND PAYMENT (COST NO FEE) (DEC 2005) (TAILORED)
Contractor shall be reimbursed for performance of this contract in accordance with the contract clauses and the following additional terms:
The total estimated cost of performance is $10.9M
Applicable to following Line Items: 0200, 0300, 0400
B054 IMPLEMENTATION OF LIMITATION OF FUNDS (DEC 2005) (TAILORED)
Pursuant to the clause FAR 52.232-22 in Section I, entitled, "Limitation of Funds", the total amount available for payment and allotted to this contract for CLINS 0200 through 0400 is __________. It is estimated that this amount is sufficient to cover performance through _______________.
SECTION C - DESCRIPTION/SPECS./WORK STATEMENT
SECTION C FA8604-16-R-7000
NOTICE: The following contract clauses pertinent to this section are hereby incorporated in full text:
C004 INCORPORATED DOCUMENTS/REQUIREMENTS - ALTERNATE (FEB 2006) (TAILORED)
The following documents, as they may be amended below, are a part of this contract:
N-ITSS CDRL A001
N-ITSS CDRL A002
N-ITSS CDRL A003
N-ITSS CDRL A004
N-ITSS CDRL A005
N-ITSS CDRL A006
N-ITSS IDIQ PWS
N-ITSS PWS_Task Order 1_SC N-ITSS PWS_Task Order 2_GSP N-ITSS PWS_Task Order 3_SO N-ITSS Section M PPT N-ITSS Section L Section L - Attachment 1 - Cross Reference Matrix Section L - Attachment 2 - Past Peformance Information Tool Section L - Attachment 3 - Past Performance Cover Letter Section L - Attachment 4 - Past Performance Questionnaire Section L - Attachment 5 - Past Performance Client Authorization Letter Section L - Attachment 6 - Past Performance Consent Letter Section L - Attachment 7 - Skills-to-Technology Matrix Section L - Attachment 8 - Total Evaluated Price Workbook (locked)
SECTION D - PACKAGING AND MARKING
SECTION D FA8604-16-R-7000
NOTICE: The following contract clauses pertinent to this section are hereby incorporated in full text:
D001 PRESERVATION, PACKAGING, PACKING AND MARKING REQUIREMENTS (FEB 1997)
Preservation, packaging, packing and marking shall be set forth in the individual order.
SECTION E - INSPECTION AND ACCEPTANCE
SECTION E FA8604-16-R-7000
NOTICE: The following contract clauses pertinent to this section are hereby incorporated by reference:
A. FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES
52.246-03 INSPECTION OF SUPPLIES -- COST-REIMBURSEMENT (MAY 2001)
B. DEFENSE FEDERAL ACQUISITION REGULATION SUPPLEMENT CONTRACT CLAUSES
252.246-7000 MATERIAL INSPECTION AND RECEIVING REPORT (MAR 2008)
SECTION F - DELIVERIES OR PERFORMANCE
SECTION F FA8604-16-R-7000
SHIP MARK TRANS
ITEM SUPPLIES SCHEDULE DATA QTY TO FOR PRI DATE
0300 1 U ASREQ
Noun: TRAVEL
ACRN: U
0400 1 U ASREQ
Noun: EQUIPMENT AND MATERIAL
0500 1 U ASREQ
Noun: DATA
I. NOTICE: The following contract clauses pertinent to this section are hereby incorporated by reference:
FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES
52.242-15 STOP-WORK ORDER (AUG 1989)
52.247-34 F.O.B. DESTINATION (NOV 1991)
II. NOTICE: The following contract clauses pertinent to this section are hereby incorporated in full text:
A. FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES IN FULL TEXT
52.242-15 STOP-WORK ORDER (AUG 1989) - ALTERNATE I (AUG 1989) (TAILORED)
(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work order is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either--
(1) Cancel the stop-work order; or
(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.
(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an
SECTION F - DELIVERIES OR PERFORMANCE
SECTION F FA8604-16-R-7000
equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if--
(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and
(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.
(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.
(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.
Alternate I (APR 1984). If this clause is inserted in a cost- reimbursement contract, substitute in paragraph (a)(2) the words "the Termination clause of this contract" for the words "the Default, or the Termination for Convenience of the Government clause of this contract." In paragraph (b) substitute the words "an equitable adjustment in the delivery schedule, the estimated cost, the fee, or a combination thereof, and in any other terms of the contract that may be affected" for the words "an equitable adjustment in the delivery schedule or contract price, or both."
B. OTHER CONTRACT CLAUSES IN FULL TEXT
F002 PERIOD OF PERFORMANCE (FEB 1997) (TAILORED)
Period of performance under this contract shall be five (5) yers from TBD through TBD.
SECTION G - CONTRACT ADMINISTRATION DATA
SECTION G FA8604-16-R-7000
NOTICE: The following contract clauses pertinent to this section are hereby incorporated in full text:
A. DEFENSE FAR SUPP CONTRACT CLAUSES IN FULL TEXT
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)
(a) Definitions. As used in this clause-
“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.
“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall—
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web- Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
_____ (Contracting Officer: Insert applicable document type(s)).
Note: If a “Combo” document type is identified but not supportable by the Contractor’s business systems, an “Invoice” (stand-alone) and “Receiving Report” (stand-alone) document type may be used instead.)
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.
_____ (Contracting Officer: Insert inspection and acceptance locations or “Not applicable.”)
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table* Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC _____ (Insert Pay Official DoDAAC or N/A) Issue By DoDAAC _____ (Insert Issue By DoDAAC or N/A) Admin DoDAAC _____ (Insert Admin DoDAAC or N/A) Inspect By DoDAAC _____ (Insert Inspect by DoDAAC or N/A) Ship To Code _____ (Insert applicable DoDAAC info or "See Schedule" if multiple ship to/acceptance locations apply, or N/A) Ship From Code _____ (Insert Ship From Code or N/A) Mark For Code _____ (Insert Mark For Code or N/A) Service Approver (DoDAAC) _____ (Insert Approver DoDAAC or N/A) Service Acceptor (DoDAAC) _____ (Insert Acceptor DoDAAC or N/A) Accept at Other DoDAAC _____ (Insert appropriate DoDAAC or N/A) LPO DoDAAC _____ (Insert LPO DoDAAC or N/A) DCAA Auditor DoDAAC _____ (Insert Auditor DoDAAC or N/A) Other DoDAAC(s) _____ (Insert other DoDAACs or N/A)
(*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”)
(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.
(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.
_____ (Contracting Officer: Insert applicable email addresses or “Not applicable.”)
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.
_____ (Contracting Officer: Insert applicable information or “Not applicable.”)
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
B. OTHER CONTRACT CLAUSES IN FULL TEXT
252.204-0001 LINE ITEM SPECIFIC: SINGLE FUNDING (SEP 2009)
The payment office shall make payment using the ACRN funding of the line item being billed.
252.204-0002 LINE ITEM SPECIFIC: SEQUENTIAL ACRN ORDER (SEP 2009)
The payment office shall make payment in sequential ACRN order within the line item, exhausting all funds in the previous ACRN before paying from the next ACRN using the following sequential order:
Alpha/Alpha; Alpha/numeric; numeric/alpha; and numeric/numeric.
252.204-0003 LINE ITEM SPECIFIC: CONTRACTING OFFICER SPECIFIED ACRN ORDER (SEP
2009)
The payment office shall make payment within the line item in the sequence ACRN order specified below, exhausting all funds in the previous ACRN before paying from the next ACRN.
Line Item ACRN Order (TBD)
252.204-0004 LINE ITEM SPECIFIC: BY FISCAL YEAR (SEP 2009)
The payment office shall make payment using the oldest fiscal year appropriations first, exhausting all funds in the previous fiscal year before disbursing from the next fiscal year. In the event there is more than one ACRN associated with the same fiscal year, the payment amount shall be disbursed from each ACRN within a fiscal year in the same proportion as the amount of funding obligated for each ACRN within the fiscal year.
252.204-0005 LINE ITEM SPECIFIC: BY CANCELLATION DATE (SEP 2009)
The payment office shall make payment using the ACRN with the earliest cancellation date first, exhausting all funds in that ACRN before disbursing funds from the next. In the event there is more than one ACRN associated with the same cancellation date, the payment amount shall be disbursed from each ACRN with the same cancellation date in the same proportion as the amount of funding obligated for each ACRN with the same cancellation date.
252.204-0006 LINE ITEM SPECIFIC: PRORATION (SEP 2009)
The payment office shall make payment from each ACRN in the same proportion as the amount of funding currently unliquidated for each ACRN.
252.204-0007 CONTRACT-WIDE: SEQUENTIAL ACRN ORDER (SEP 2009)
The payment office shall make payment in sequential ACRN order within the contract or order, exhausting all funds in the previous ACRN before paying from the next ACRN using the following sequential order: alpha/alpha; alpha/numeric; numeric/alpha; and numeric/numeric.
252.204-0008 CONTRACT-WIDE: CONTRACTING OFFICER SPECIFIED ACRN ORDER (SEP 2009)
The payment office shall make payment in sequential ACRN order within the contract or order, exhausting all funds in the previous ACRN before paying from the next ACRN in the sequence order specified below:
(TBD)
252.204-0009 CONTRACT-WIDE: BY FISCAL YEAR (SEP 2009)
The payment office shall make payment using the oldest fiscal year appropriations first, exhausting all funds in the previous fiscal year before disbursing from the next fiscal year. In the event there is more than one ACRN associated with the same fiscal year, the payment amount shall be disbursed from each ACRN within a fiscal year in the same proportion as the amount of funding obligated for each ACRN within the fiscal year.
252.204-0010 CONTRACT-WIDE: BY CANCELLATION DATE (SEP 2009)
The payment office shall make payment using the ACRN with the earliest cancellation date first, exhausting all funds in that ACRN before disbursing funds from the next. In the event there is more than one ACRN associated with the same cancellation date, the payment amount shall be disbursed from each ACRN with the same cancellation date in the same proportion as the amount of funding obligated for each ACRN with the same cancellation date.
252.204-0011 CONTRACT-WIDE: PRORATION (SEP 2009)
The payment office shall make payment from each ACRN within the contract or order in the same proportion as the amount of funding currently unliquidated for each ACRN.
G001 ACCOUNTING AND APPROPRIATION DATA (FEB 1997)
Accounting and appropriation data will be set forth on individual orders issued hereunder.
SECTION H - SPECIAL CONTRACT REQUIREMENTS
SECTION H FA8604-16-R-7000
NO CLAUSES OR PROVISIONS IN THIS SECTION
PART II - CONTRACT CLAUSES
SECTION I - CONTRACT CLAUSES
SECTION I FA8604-16-R-7000
Contract Clauses in this section are from the FAR, Defense FAR Sup, Air Force FAR Sup, and the Air Force Materiel Command FAR Sup, and are current through the following updates:
Database_Version: 6.14.x.3500; Issued: 11/18/2015; FAR: FAC 2005-84; DFAR: DPN 20150930; DL.: DL 98- 021; Class Deviations: CD 2016-O0003; AFFAR: 2002 Edition; AFAC: AFAC 2015 C-02; IPN: 98-009
I. NOTICE: The following contract clauses pertinent to this section are hereby incorporated by reference:
A. FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES
52.203-03 GRATUITIES (APR 1984)
52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (OCT 2015)
52.203-15 WHISTLEBLOWER PROTECTIONS UNDER THE AMERICAN RECOVERY AND
REINVESTMENT ACT OF 2009 (JUN 2010)
52.204-02 SECURITY REQUIREMENTS (AUG 1996)
52.204-09 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)
52.204-12 DATA UNIVERSAL NUMBERING SYSTEM NUMBER MAINTENANCE (DEC 2012)
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013)
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2015)
52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS
(DEC 2014)
52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS
(DEC 2014)
52.212-04 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (MAY 2015)
52.215-08 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT (OCT 1997)
52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER
THAN CERTIFIED COST OR PRICING DATA--MODIFICATIONS (OCT 2010)
52.215-23 LIMITATIONS ON PASS-THROUGH CHARGES (OCT 2009)
52.216-07 ALLOWABLE COST AND PAYMENT (JUN 2013)
52.216-11 COST CONTRACT -- NO FEE (APR 1984)
52.216-19 ORDER LIMITATIONS (OCT 1995)
Para (a). Insert Dollar amount or quantity. '?????' Para (b)(1). Insert dollar amount or quantity '?????' Para (b)(2). Insert dollar amount or quantity. '?????' Para (b)(3). Insert number of days. '?????' Para (d). Insert number of days. '?????'
52.216-22 INDEFINITE QUANTITY (OCT 1995)
Para (d), Date is ''
52.217-08 OPTION TO EXTEND SERVICES (NOV 1999)
Period of time. '?????'
52.219-06 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011)
52.222-01 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)
52.222-03 CONVICT LABOR (JUN 2003)
52.222-17 NONDISPLACEMENT OF QUALIFIED WORKERS (MAY 2014)
52.222-19 CHILD LABOR--COOPERATION WITH AUTHORITIES AND REMEDIES (JAN 2014)
52.222-20 CONTRACTS FOR MATERIALS, SUPPLIES, ARTICLES, AND EQUIPMENT
EXCEEDING $15,000 (MAY 2014)
52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)
52.222-26 EQUAL OPPORTUNITY (APR 2015)
52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)
52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)
52.222-37 EMPLOYMENT REPORTS ON VETERANS (OCT 2015)
52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS
ACT (DEC 2010)
52.222-50 COMBATING TRAFFICKING IN PERSONS (MAR 2015)
52.222-53 EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT LABOR
STANDARDS TO CONTRACTS FOR CERTAIN SERVICES - REQUIREMENTS (MAY
2014)
52.223-13 ACQUISITION OF EPEAT - REGISTERED IMAGING EQUIPMENT (JUN 2014)
52.223-14 ACQUISITION OF EPEAT - REGISTERED TELEVISIONS (JUN 2014)
52.223-14 ACQUISITION OF EPEAT - REGISTERED TELEVISIONS (JUN 2014) - ALTERNATE I
(JUN 2014)
52.223-15 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (DEC 2007)
52.223-16 ACQUISITION OF EPEAT ® - REGISTERED PERSONAL COMPUTER PRODUCTS
(JUN 2014)
52.223-16 ACQUISITION OF EPEAT - REGISTERED PERSONAL COMPUTER PRODUCTS (JUN
2014) - ALTERNATE I (JUN 2014)
52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE
DRIVING (AUG 2011)
52.224-01 PRIVACY ACT NOTIFICATION (APR 1984)
52.224-02 PRIVACY ACT (APR 1984)
52.225-03 BUY AMERICAN - FREE TRADE AGREEMENTS - ISRAELI TRADE ACT (MAY 2014)
52.225-05 TRADE AGREEMENTS (NOV 2013)
52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)
52.228-05 INSURANCE -- WORK ON A GOVERNMENT INSTALLATION (JAN 1997)
52.228-07 INSURANCE -- LIABILITY TO THIRD PERSONS (MAR 1996)
52.232-01 PAYMENTS (APR 1984)
52.232-08 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)
52.232-11 EXTRAS (APR 1984)
52.232-17 INTEREST (MAY 2014)
52.232-18 AVAILABILITY OF FUNDS (APR 1984)
52.232-20 LIMITATION OF COST (APR 1984)
52.232-22 LIMITATION OF FUNDS (APR 1984)
52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER - SYSTEM FOR AWARD
MANAGEMENT (JUL 2013)
52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)
52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS
SUBCONTRACTORS (DEC 2013)
52.233-01 DISPUTES (MAY 2014) - ALTERNATE I (DEC 1991)
52.233-03 PROTEST AFTER AWARD (AUG 1996) - ALTERNATE I (JUN 1985)
52.233-04 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)
52.237-02 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT AND VEGETATION
(APR 1984)
52.237-11 ACCEPTING AND DISPENSING OF $1 COIN (SEP 2008)
52.239-01 PRIVACY OR SECURITY SAFEGUARDS (AUG 1996)
52.242-01 NOTICE OF INTENT TO DISALLOW COSTS (APR 1984)
52.243-01 CHANGES -- FIXED-PRICE (AUG 1987)
52.243-01 CHANGES -- FIXED-PRICE (AUG 1987) - ALTERNATE II (APR 1984)
52.243-02 CHANGES -- COST-REIMBURSEMENT (AUG 1987) - ALTERNATE II (APR 1984)
52.244-02 SUBCONTRACTS (OCT 2010)
Para (d), approval required on subcontracts: '?????' Para (j), Insert subcontracts evaluated during negotiations. '?????'
52.245-01 GOVERNMENT PROPERTY (APR 2012)
52.245-09 USE AND CHARGES (APR 2012)
52.249-01 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE)
(SHORT FORM) (APR 1984)
52.249-06 TERMINATION (COST-REIMBURSEMENT) (MAY 2004)
52.249-14 EXCUSABLE DELAYS (APR 1984)
52.251-01 GOVERNMENT SUPPLY SOURCES (APR 2012)
52.253-01 COMPUTER GENERATED FORMS (JAN 1991)
B. DEFENSE FEDERAL ACQUISITION REGULATION SUPPLEMENT CONTRACT CLAUSES
252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)
252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS
(SEP 2011)
252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP
2013)
252.204-7000 DISCLOSURE OF INFORMATION (AUG 2013)
252.204-7002 PAYMENT FOR SUBLINE ITEMS NOT SEPARATELY PRICED (DEC 1991)
252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992)
252.204-7006 BILLING INSTRUCTIONS (OCT 2005)
252.204-7009 LIMITATIONS ON THE USE OR DISCLOSURE OF THIRD-PARTY CONTRACTOR
REPORTED CYBER INCIDENT INFORMATION (AUG 2015)
252.211-7007 REPORTING OF GOVERNMENT-FURNISHED PROPERTY (AUG 2012)
252.215-7004 REQUIREMENT FOR SUBMISSION OF DATA OTHER THAN CERTIFIED COST OR
PRICING DATA--MODIFICATIONS--CANADIAN COMMERCIAL CORPORATION (OCT
2013)
Para (b)(3). C.O. inserts description of data required. '?????'
252.216-7006 ORDERING (MAY 2011)
Para (a). Date. '?????' Para (a). Date '?????'
252.216-7009 ALLOWABILITY OF LEGAL COSTS INCURRED IN CONNECTION WITH A
WHISTLEBLOWER PROCEEDING (SEP 2013)
252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM - BASIC (NOV 2014)
252.225-7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS (DEC 2012)
252.225-7008 RESTRICTION ON ACQUISITION OF SPECIALTY METALS (MAR 2013)
252.225-7016 RESTRICTION ON ACQUISITION OF BALL AND ROLLER BEARINGS (JUN 2011)
252.225-7048 EXPORT-CONTROLLED ITEMS (JUN 2013)
252.231-7000 SUPPLEMENTAL COST PRINCIPLES (DEC 1991)
252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS
(JUN 2012)
252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)
252.232-7011 PAYMENTS IN SUPPORT OF EMERGENCIES AND CONTINGENCY OPERATIONS
(MAY 2013)
252.237-7010 PROHIBITION ON INTERROGATION OF DETAINEES BY CONTRACTOR
PERSONNEL (JUN 2013)
252.239-7001 INFORMATION ASSURANCE CONTRACTOR TRAINING AND CERTIFICATION (JAN
2008)
252.239-7010 CLOUD COMPUTING SERVICES (AUG 2015)
252.239-7016 TELECOMMUNICATIONS SECURITY EQUIPMENT, DEVICES, TECHNIQUES, AND
SERVICES (DEC 1991)
Para (b), Location is '?????' Para (c), List can be obtained from '?????' Para (c), List and identify locations: '?????'
252.239-7018 SUPPLY CHAIN RISK (NOV 2013)
252.242-7006 ACCOUNTING SYSTEM ADMINISTRATION (FEB 2012)
252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)
252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUN 2013)
252.245-7001 TAGGING, LABELING, AND MARKING OF GOVERNMENT-FURNISHED PROPERTY
(APR 2012)
252.245-7002 REPORTING LOSS OF GOVERNMENT PROPERTY (APR 2012)
252.245-7003 CONTRACTOR PROPERTY MANAGEMENT SYSTEM ADMINISTRATION (APR 2012)
252.245-7004 REPORTING, REUTILIZATION, AND DISPOSAL (MAR 2015)
Insert Item(s) '?????' Insert Item(s) '?????'
252.246-7003 NOTIFICATION OF POTENTIAL SAFETY ISSUES (JUN 2013)
252.246-7004 SAFETY OF FACILITIES, INFRASTRUCTURE, AND EQUIPMENT FOR MILITARY
OPERATIONS (OCT 2010)
252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA - BASIC (APR 2014)
252.251-7000 ORDERING FROM GOVERNMENT SUPPLY SOURCES (AUG 2012)
Para (f), Contractor's address is '?????' Para (f), Government remittance address is '?????'
C. AIR FORCE FEDERAL ACQUISITION REGULATION SUPPLEMENT CONTRACT CLAUSES
5352.204-9000 NOTIFICATION OF GOVERNMENT SECURITY ACTIVITY AND VISITOR GROUP
SECURITY AGREEMENTS (APR 2015)
5352.223-9000 ELIMINATION OF USE OF CLASS I OZONE DEPLETING SUBSTANCES (ODS) (NOV
2012)
5352.223-9001 HEALTH AND SAFETY ON GOVERNMENT INSTALLATIONS (NOV 2012)
5352.242-9001 COMMON ACCESS CARDS (CAC) FOR CONTRACTOR PERSONNEL-AF SYSTEMS
(NOV 2012)
II. NOTICE: The following contract clauses pertinent to this section are hereby incorporated in full text:
A. FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES IN FULL TEXT
52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS (APR 2008)
This is a rated order certified for national defense, emergency preparedness, and energy program use, and the Contractor shall follow all the requirements of the Defense Priorities and Allocations System regulation (15 CFR 700).
52.212-04 ADDENDUM TO CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (DEC
2014) (TAILORED)
52.212-4, Contract Terms and Conditions -- Commercial Items is hereby tailored as follows:
(a) The place of inspection, acceptance, and FOB is Destination
NASIC/SCXA
Attn: Jennifer Oda, David Friedhoff 4180 Watson Way Wright-Patterson AFB, OH 45433 937-522-6152, 937-257-4498
FA8604-16-D-7001
52.212-05 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS--COMMERCIAL ITEMS (OCT 2015)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)
(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
52.217-09 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within _____ (insert in the clause the period of time in which the Contracting Officer has to exercise the option); provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least _____ (days) 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 _____ (months, years).
52.252-02 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/
52.252-06 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter
1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
B. DEFENSE FAR SUPP CONTRACT CLAUSES IN FULL TEXT
252.203-7997 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN
INTERNAL CONFIDENTIALITY AGREEMENTS (DEVIATION 2016-O0003)
(OCT 2015)
(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.
(b) The Contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.
(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.
(d)(1) Use of funds appropriated (or otherwise made available) by the Continuing Appropriations Act, 2016 (Pub. L. 114-53) or any other FY 2016 appropriations act that extends to FY 2016 funds the same prohibitions as contained in sections 743 of division E, title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.
(2) The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.
252.203-7999 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN
INTERNAL CONFIDENTIALITY AGREEMENTS (DEVIATION) (FEB 2015)
(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.
(b) The Contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.
(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.
(d)(1) In accordance with section 743 of Division E, Title VIII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015, (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.
(2) The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.
252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION
CONTROLS (DEVIATION 2016-O0001) (OCT 2015)
(a) Definitions. As used in this clause-
“Adequate security” means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information.
“Compromise” means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred.
“Contractor attributional/proprietary information” means information that identifies the contractor(s), whether directly or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description, facility locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company.
“Contractor information system” means an information system belonging to, or operated by or for, the Contractor.
“Controlled technical information” means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.
“Covered contractor information system” means an information system that is owned, or operated by or for, a contractor and that processes, stores, or transmits covered defense information.
“Covered defense information” means unclassified information that-
(i) Is-
(A) Provided to the contractor by or on behalf of DoD in connection with the performance of the contract; or
(B) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract; and
(ii) Falls in any of the following categories:
(A) Controlled technical information.
(B) Critical information (operations security). Specific facts identified through the Operations Security process about friendly intentions, capabilities, and activities vitally needed by adversaries for them to plan and act effectively so as to guarantee failure or unacceptable consequences for friendly mission accomplishment (part of Operations Security process).
(C) Export control. Unclassified information concerning certain items, commodities, technology, software, or other information whose export could reasonably be expected to adversely affect the United States national security and nonproliferation objectives. To include dual use items; items identified in export administration regulations, international traffic in arms regulations and munitions list;
license applications; and sensitive nuclear technology information.
(D) Any other information, marked or otherwise identified in the contract, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies (e.g., privacy, proprietary business information).
“Cyber incident” means actions taken through the use of computer networks that result in 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.
“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 information is recorded, stored, or printed within an 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.
“Rapid(ly) report(ing)” 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 <http://www.acq.osd.mil/dpap/dars/dfars/html/current/252227.htm>, Rights in Technical Data-Non Commercial Items, 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) Adequate security. The Contractor shall provide adequate security for all covered defense information on all covered contractor information systems that support the performance of work under this contract. To provide adequate security, the Contractor shall-
(1) Implement information systems security protections on all covered contractor information systems including, at a minimum-
(i) For covered contractor information systems that are part of an Information Technology (IT) service or system operated on behalf of the Government-
(A) Cloud computing services shall be subject to the security requirements specified in the clause 252.239-7010 <http://www.acq.osd.mil/dpap/dars/dfars/html/current/252239.htm>, Cloud Computing Services, of this contract; and
(B) 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; or
(ii) 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)(i) of this clause-
(A) 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,” (see <http://dx.doi.org/10.6028/NIST.SP.800-171>) that is in effect at the time the solicitation is issued or as authorized by the Contracting Officer with the exception of the derived security requirement 3.5.3 “Use of multifactor authentication for local and network access to privileged accounts and for network access to non-privileged accounts”, which will be required not later than 9 months after award of the contract, if the Contractor notified the contracting officer in accordance with paragraph (c) of the provision 252.204-7008, Compliance with Safeguarding Covered Defense Information Controls (DEVIATION 2016-O0001)(OCT 2015); or
(B) Alternative but equally effective security measures used to compensate for the inability to satisfy a particular requirement and achieve equivalent protection approved in writing by an authorized representative of the DoD Chief Information Officer (CIO) prior to contract award; and
(2) Apply other information systems security measures when the Contractor reasonably determines that information systems security measures, in addition to those identified in paragraph (b)(1) of this clause, may be required to provide adequate security in a dynamic environment based on an assessed risk or vulnerability.
(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, 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 <http://dibnet.dod.mil>.
(2) Cyber incident report. The cyber incident report shall be treated as information created by or for DoD and shall include, at a minimum, the required elements at <http://dibnet.dod.mil>.
(3) Medium assurance certificate requirement. In order to report cyber incidents in accordance with this clause, the Contractor or subcontractor shall have or acquire a DoD-approved medium assurance certificate to report cyber incidents.
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