FA8650-19-S-1013-Atch1.pdf

AWARD / CONTRACT

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 350)

RATING

DO-A7

PAGE of PAGES

1 32

2. CONTRACT (PROC. INST. IDENT.) NO. 3. EFFECTIVE DATE 4. REQUISITION / PURCHASE REQUEST / PROJECT NO.

FA8650-19-S-1013 See Section G

5. ISSUED BY AFRL/RQKSE CODE FA8650 6. ADMINISTERED BY (IF OTHER THAN ITEM 5) CODE S3605A

USAF/AFMC

AFRL WRIGHT RESEARCH SITE

2130 EIGHTH STREET, BUILDING 45

WRIGHT-PATTERSON AFB OH 45433-7541

CATHY A. MORGAN 255-7751

Cathy.Morgan@us.af.mil

DCMA DAYTON

AREA A, BUILDING 30

1725 VAN PATTON DRIVE

WRIGHT-PATTERSON AFB OH 45433-5302

SCD: C PAS: (NONE)

7. NAME AND ADDRESS OF CONTRACTOR (NO., STREET, CITY, COUNTY, STATE AND ZIP CODE)

8. DELIVERY

FOB Origin Other (see below)

9. DISCOUNT FOR PROMPT PAYMENT

N

10. SUBMIT INVOICES

(4 COPIES UNLESS OTHERWISE

SPECIFIED) TO

THE ADDRESS SHOWN IN

ITEM

See Block

12 CAGE CODE FACILITY CODE

11. SHIP TO / MARK FOR CODE 12. PAYMENT WILL BE MADE BY CODE HQ0337

See Section F

DFAS COLUMBUS CENTER

DFAS-CO/NORTH ENTITLEMENT OPS

P.O. BOX 182317

COLUMBUS OH 43218-2317

EFT: T

13. AUTHORITY FOR OTHER THAN FULL AND OPEN COMPETITION 14. ACCOUNTING AND APPROPRIATION DATA

15A. ITEM NO 15B. SUPPLIES/SERVICES 15C. QUANTITY 15D. UNIT 15E. UNIT PRICE 15F. AMOUNT

See Section B

15G. TOTAL AMOUNT OF CONTRACT

16. 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 14

B SUPPLIES OR SERVICES AND PRICES/COSTS 2 PART III - LIST OF DOCUMENTS, EXHIBITS & ATTACHMENTS

C DESCRIPTION/SPECS./WORK STATEMENT 6 J LIST OF ATTACHMENTS 32

D PACKAGING AND MARKING 7 PART IV - REPRESENTATIONS AND INSTRUCTIONS

E INSPECTION AND ACCEPTANCE 8 K REPRESENTATIONS, CERTIFICATIONS AND

F DELIVERIES OR PERFORMANCE 9 OTHER STATEMENTS OF OFFERORS

G CONTRACT ADMINISTRATION DATA 10 L INSTRS., CONDS., AND NOTICES TO

OFFERORS

H SPECIAL CONTRACT REQUIREMENTS 13 M EVALUATION FACTORS FOR AWARD

CONTRACTING OFFICER WILL COMPLETE ITEM 17 OR 18 AS APPLICABLE

17. Contractor’s Negotiated Agreement 18. Award (Contractor is not required to sign this document).

(Contractor is required to sign this document and return 1 copies to issuing office).

Contractor agrees to furnish and deliver all items or perform all services set forth or otherwise identified above and on any continuation sheets for the consideration stated herein. The rights and obligations of the parties to this contract shall be subject to and governed by the following documents: (a) this award/contract, (b) the solicitation, if any, and (c) such provisions, representations, certifications, and specifications, as are attached or incorporated by reference herein. (Attachments are listed herein.)

Your offer on solicitation number including the additions or changes made by you which additions or changes set forth in full above, is hereby accepted as to items listed above and on any continuation sheets. This award consummates the contract which consists of the following documents: (a) the Government’s solicitation and your offer, and (b) this award/contract. No further contractual document is necessary.

19A. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 20A. NAME OF CONTRACTING OFFICER

MAUREEN HARRIS

19B. Name of Contractor

19C. Date Signed 20B. United States of America

20C. Date Signed by _________________________________ (signature of person authorized to sign) by _________________________________________ (signature of Contracting Officer)

NSN 7540-01-152-8069 STANDARD FORM 26 (Rev 4-85) Previous Editions unusable Prescribed by GSA FAR (48 CFR) 53.214(a) ConWrite Version 7.1.600 Created 21 Mar 2019 11:49 AM

Model "C" Type Contract

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION B FA8650-19-S-1013

Qty Unit Price ITEM SUPPLIES OR SERVICES Purch Unit Total Item Amount

0001 1 Lot Lot Noun: RESEARCH AND DATA

PSC: AC63

NSN: N - Not Applicable DD1423 is Exhibit: A Inspection: DESTINATION Acceptance: DESTINATION

FOB: DESTINATION

Descriptive Data:

Conduct research and provide data in accordance with Section J, Attachment 1, Statement of Work (SOW), entitled, "Asynchronous Geiger Mode LADAR Receiver

Development (A-GMLRD)," dated 31 January 2019. All data requirements shall be delivered in accordance with Exhibit A, Contract Data Requirements List (CDRL), DD

Form 1423-1, dated 04 February 2019. The delivery addresses for CDRLs are below.

If this contract is terminated prior to completion, the Contractor agrees to provide a final report in accordance with Exhibit A, Data Item A001. During the life of the contract, the contractor shall continuously reserve sufficient funds from the amount allotted to guarantee the preparation and delivery of said final report.

The estimated cost and fixed amounts are shown below:

Cost: To Be Determined on each task order

Fee: To Be Determined on each task order

Pursuant to FAR 52.232-22, "Limitation of Funds" in Section I, the total amount available for payment and allotted to this contract for CLIN(s) To Be Determined on each task order is To Be Determined on each task order. It is estimated that this amount is sufficient to cover performance through To Be Determined on each task order.

SUBMITTAL ADDRESSES:

AFRL/RYMM

POC TBD

3109 Hobson Way

WPAFB, OH 45433

Email TBD

(DINs A001-A007)

AFRL/RQKSE

Cathy Morgan

2130 8th St, Bldg. 45

WPAFB, OH 45433

Cathy.morgan@us.af.mil

(DIDs A001-A005)

DCMA/ACO

See Cover Page (SF 26) Block 6

(DINs A002-A004)

STINFO: AFRL/RYOX

Lolita Mitchell

2241 Avionics Circle

WPAFB, OH 45433

lolita.mitchell.1@us.af.mil

(DIN A001)

Lot Lot Noun: COMPUTER SOFTWARE

PSC: AC63

NSN: N - Not Applicable DD1423 is Exhibit: A Contract type: U - COST PLUS FIXED FEE Inspection: DESTINATION Acceptance: DESTINATION

FOB: DESTINATION

Descriptive Data:

All computer software, source code, executables and computer software documentation shall be delivered as specified on individual task orders issued in accordance with the Statement of Work, entitled "Asynchronous Geiger Mode LADAR Receiver Development (A-GMLRD)," dated 31 January 2019, Section J, Attachment 1 of the basic contract.

When applicable, data requirements shall be delivered in accordance with Exhibit A, Contract Data Requirements List, DD Form 1423-1, dated 04 February 2019.

Delivery Address:

TBD, AFRL/RYMM

3109 Hobson Way

WPAFB, OH 45433

0003 1 Noun: HARDWARE

PSC: AC63

NSN: N - Not Applicable DD1423 is Exhibit: A Contract type: U - COST PLUS FIXED FEE Inspection: DESTINATION Acceptance: DESTINATION

FOB: DESTINATION

Hardware shall be acquired and/or fabricated and delivered as specified on individual task orders issued in accordance with the Statement of Work, entitled "Asynchronous Geiger Mode LADAR Receiver Development (A-GMLRD)," dated 31 January 2019, Section J, Attachment 1 of the basic contract. The cost of the hardware to be delivered is included in the price of Research and Data CLIN.

In accordance with DFARS 252.211-7003, "Item Unique Identification and Valuation," the contractor shall identify the unit acquisition cost for all deliverable end items for which item unique identification applies.

Delivery Address:

TBD, AFRL/RYMM

0004 1 Lot Lot Noun: RESIDUAL HARDWARE

PSC: AC63

NSN: N - Not Applicable Contract type: U - COST PLUS FIXED FEE Inspection: DESTINATION Acceptance: DESTINATION

FOB: DESTINATION

Descriptive Data:

Residual hardware shall be delivered as specified on individual task orders issued in accordance with Statement of Work, entitled "Asynchronous Geiger Mode LADAR Receiver Development (A-GMLRD)," dated 31 January 2019, Section J, Attachment 1 of the basic contract. The cost of the residual hardware is included in the price of the Research and Data CLIN.

In accordance with DFARS 252.211-7003, "Item Unique Identification and Valuation," the contractor shall identify the unit acquisition cost for all deliverable end items for which item unique identification applies.

Delivery Address:

TBD, AFRL/RYMM

NO CLAUSES OR PROVISIONS IN THIS SECTION

SECTION C - DESCRIPTION/SPECS./WORK STATEMENT

SECTION C FA8650-19-S-1013

SECTION D - PACKAGING AND MARKING

SECTION D FA8650-19-S-1013

SECTION E - INSPECTION AND ACCEPTANCE

SECTION E FA8650-19-S-1013

NOTICE: The following contract clauses pertinent to this section are hereby incorporated by reference:

A. FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES

52.246-09 INSPECTION OF RESEARCH AND DEVELOPMENT (SHORT FORM) (APR 1984)

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 FA8650-19-S-1013

SHIP MARK TRANS

ITEM SUPPLIES SCHEDULE DATA QTY TO FOR PRI DATE

0001 1 F4FBBJ F4FBBJ ASREQ

Noun: RESEARCH AND DATA

0002 1 F4FBBJ F4FBBJ ASREQ

Noun: COMPUTER SOFTWARE

0003 1 F4FBBJ F4FBBJ ASREQ

Noun: HARDWARE

0004 1 F4FBBJ F4FBBJ ASREQ

Noun: RESIDUAL HARDWARE

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) - ALTERNATE I (APR 1984)

52.247-34 F.O.B. DESTINATION (NOV 1991)

SECTION G - CONTRACT ADMINISTRATION DATA

SECTION G FA8650-19-S-1013

NOTICE: The following contract clauses pertinent to this section are hereby incorporated in full text:

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).

a. Use "Cost Voucher" with an invoice (or public voucher), supported by a statement of cost for performance shall be submitted to the cognizant Defense Contract Audit Agency (DCAA) office. Under the provisions of DFARS 242.803(b). the DCAA auditor, is designated as the authorized representative of the Contracting Officer (CO) for examining vouchers received directly from the contractor.

b. Use "Receiving Report" to fulfill DFARS 252.246-7000, Material Inspection and Receiving Report, and CDRL A001 (Final Technical Report), Block 7 requirements for a DD250...

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.

Destination/Destination

(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 TBD Issue By DoDAAC FA8650 Admin DoDAAC TBD Inspect By DoDAAC VENDOR WILL LEAVE THIS BLOCK BLANK Ship To Code TBD NOTE: The receiving report requires an inspection and acceptance to be performed by the Program Manager or Project Engineer. The "Ship-To-Code in WAWF is the BPN of the Program Manager/Project Engineer for the program, shown above.

Ship From Code N/A Mark For Code N/A Service Approver (DoDAAC) TBD Service Acceptor (DoDAAC) TBD Accept at Other DoDAAC N/A LPO DoDAAC N/A DCAA Auditor DoDAAC VENDOR SHALL USE LOOK UP DCAA FROM TOOLBAR AT LEFT OF WAWF

SCREEN.

Other DoDAAC(s) N/A

DO NOT ATTACH TECHNICAL REPORTS TO WAWF-RA DOCUMENTS. YOU MAY ATTACH

FINANCIAL INFORMATION SUPPORTING YOUR VOUCHER OR DOCUMENTS SUPPORTING

INSPECTION AND ACCEPTANCE.

A copy of the receiving report printed from WAWF-RA shall accompany each shipment which requires a DD Form 250/Receiving Report.

(*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.

TBD@us.af.mil TBD@us.af.mil TBD@us.af.mil

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

SEE BLOCK 6 OF STANDARD FORM 26.

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

OTHER CONTRACT CLAUSES IN FULL TEXT

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.

DFARS PGI 204.7108(B)(2) PAYMENT INSTRUCTIONS (JAN 2018)

The payment office shall allocate and record the amounts paid to the accounting classification citations in the contract using the table shown in Section J, Attachment No. XX based on the type of payment request submitted (see DFARS 252.232-7006) and the type of effort.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

SECTION H FA8650-19-S-1013

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

SECTION I FA8650-19-S-1013

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: 7.1.x.600; Issued: 12/14/2018; FAR: FAC 2005-101; DFAR: DPN20181204; DL.: DL 98- 021; Class Deviations: CD 2019-O0003; AFFAR: 2002 Edition; AFAC: AFAC 2017-1003; IPN: 98-009

I. NOTICE: The following contract clauses pertinent to this section are hereby incorporated by reference:

A. FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES

52.202-01 DEFINITIONS (NOV 2013)

52.203-03 GRATUITIES (APR 1984)

52.203-05 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

52.203-06 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)

52.203-07 ANTI-KICKBACK PROCEDURES (MAY 2014)

52.203-08 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR

IMPROPER ACTIVITY (MAY 2014)

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS

(OCT 2010)

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (OCT 2015)

52.203-14 DISPLAY OF HOTLINE POSTER(S) (OCT 2015)

Para (b)(3). CO inserts info for obtaining posters. '?????'

52.203-15 WHISTLEBLOWER PROTECTIONS UNDER THE AMERICAN RECOVERY AND

REINVESTMENT ACT OF 2009 (JUN 2010)

52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST (DEC 2011)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO

INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS OR STATEMENTS (JAN 2017)

52.204-02 SECURITY REQUIREMENTS (AUG 1996)

52.204-04 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT

PAPER (MAY 2011)

52.204-09 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT

AWARDS (OCT 2018)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS

(DEC 2014)

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES

DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED

ENTITIES (JUL 2018)

52.209-06 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT

(OCT 2015)

52.209-09 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY

MATTERS (OCT 2018)

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS

(NOV 2015)

52.210-01 MARKET RESEARCH (APR 2011)

52.211-05 MATERIAL REQUIREMENTS (AUG 2000)

52.212-04 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (OCT 2018)

52.215-02 AUDIT AND RECORDS -- NEGOTIATION (OCT 2010)

52.215-08 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT (OCT 1997)

52.215-10 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA (AUG

2011)

52.215-11 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA--

MODIFICATIONS (AUG 2011)

52.215-13 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA--MODIFICATIONS (OCT

2010)

52.215-15 PENSION ADJUSTMENTS AND ASSET REVERSIONS (OCT 2010)

52.215-17 WAIVER OF FACILITIES CAPITAL COST OF MONEY (OCT 1997)

52.215-18 REVERSION OR ADJUSTMENT OF PLANS FOR POSTRETIREMENT BENEFITS

(PRB) OTHER THAN PENSIONS (JUL 2005)

52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (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 (AUG 2018)

52.216-07 ALLOWABLE COST AND PAYMENT (AUG 2018) - ALTERNATE II (AUG 2012)

Para (a) (3), Day prescribed by agency head, or "30th". '?????'

52.216-08 FIXED FEE (JUN 2011)

52.216-22 INDEFINITE QUANTITY (OCT 1995)

Para (d), Date is '84 months from effective date of award as identified in Block 3 of the basic contract'

52.219-08 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2018)

52.219-09 SMALL BUSINESS SUBCONTRACTING PLAN (AUG 2018)

52.219-16 LIQUIDATED DAMAGES -- SUBCONTRACTING PLAN (JAN 1999)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013)

52.222-02 PAYMENT FOR OVERTIME PREMIUMS (JUL 1990)

Para (a), Dollar amount is '0'

52.222-03 CONVICT LABOR (JUN 2003)

52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)

52.222-26 EQUAL OPPORTUNITY (SEP 2016)

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 (FEB 2016)

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS

ACT (DEC 2010)

52.222-50 COMBATING TRAFFICKING IN PERSONS (MAR 2015)

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (OCT 2015)

52.223-05 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011)

52.223-06 DRUG-FREE WORKPLACE (MAY 2001)

52.223-13 ACQUISITION OF EPEAT - REGISTERED IMAGING EQUIPMENT (JUN 2014)

52.223-13 ACQUISITION OF EPEAT - REGISTERED IMAGING EQUIPMENT (JUN 2014) -

ALTERNATE I (OCT 2015)

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

(OCT 2015)

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)

52.223-19 COMPLIANCE WITH ENVIRONMENTAL MANAGEMENT SYSTEMS (MAY 2011)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

52.226-05 RESTRICTIONS ON SUBCONTRACTING OUTSIDE DISASTER OR EMERGENCY

AREA (NOV 2007)

52.227-01 AUTHORIZATION AND CONSENT (DEC 2007)

52.227-02 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT

INFRINGEMENT (DEC 2007)

52.227-10 FILING OF PATENT APPLICATIONS -- CLASSIFIED SUBJECT MATTER (DEC 2007)

52.227-11 PATENT RIGHTS - OWNERSHIP BY THE CONTRACTOR (MAY 2014)

Para (j), Communications: 'See Atch 4, Statement of Work (SOW) Supplemental

Requirements'

52.228-07 INSURANCE -- LIABILITY TO THIRD PERSONS (MAR 1996)

52.230-02 COST ACCOUNTING STANDARDS (OCT 2015)

52.230-06 ADMINISTRATION OF COST ACCOUNTING STANDARDS (JUN 2010)

52.232-09 LIMITATION ON WITHHOLDING OF PAYMENTS (APR 1984)

52.232-17 INTEREST (MAY 2014)

52.232-20 LIMITATION OF COST (APR 1984)

52.232-22 LIMITATION OF FUNDS (APR 1984)

52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014) - ALTERNATE I (APR 1984)

52.232-25 PROMPT PAYMENT (JAN 2017)

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER - SYSTEM FOR AWARD

MANAGEMENT (OCT 2018)

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)

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)

52.242-01 NOTICE OF INTENT TO DISALLOW COSTS (APR 1984)

52.242-03 PENALTIES FOR UNALLOWABLE COSTS (MAY 2014)

52.242-04 CERTIFICATION OF FINAL INDIRECT COSTS (JAN 1997)

52.242-13 BANKRUPTCY (JUL 1995)

52.243-02 CHANGES -- COST-REIMBURSEMENT (AUG 1987) - ALTERNATE V (APR 1984)

52.243-06 CHANGE ORDER ACCOUNTING (APR 1984)

52.243-07 NOTIFICATION OF CHANGES (JAN 2017)

Para (b), Number of calendar days is (insert 30 for RDSS/C) '30 days' Para (d), Number of calendar days is (insert 30 for RDSS/C) '30 days'

52.244-02 SUBCONTRACTS (OCT 2010) - ALTERNATE I (JUN 2007)

Para (d), Contractor shall obtain the Contracting Officer's written consent before placing the following subcontracts: 'None' Para (j), the following subcontracts which were evaluated during negotiations: 'N/A'

52.244-05 COMPETITION IN SUBCONTRACTING (DEC 1996)

52.244-06 SUBCONTRACTS FOR COMMERCIAL ITEMS (OCT 2018)

52.245-01 GOVERNMENT PROPERTY (JAN 2017)

52.245-09 USE AND CHARGES (APR 2012)

52.246-23 LIMITATION OF LIABILITY (FEB 1997)

52.247-01 COMMERCIAL BILL OF LADING NOTATIONS (FEB 2006)

52.249-06 TERMINATION (COST-REIMBURSEMENT) (MAY 2004)

52.249-14 EXCUSABLE DELAYS (APR 1984)

52.253-01 COMPUTER GENERATED FORMS (JAN 1991)

B. DEFENSE FEDERAL ACQUISITION REGULATION SUPPLEMENT CONTRACT CLAUSES

252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS

(SEP 2011)

252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE-

CONTRACT-RELATED FELONIES (DEC 2008)

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP

2013)

252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (DEC 2012)

252.203-7004 DISPLAY OF HOTLINE POSTERS (OCT 2016)

252.204-7000 DISCLOSURE OF INFORMATION (OCT 2016)

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992)

252.204-7005 ORAL ATTESTATION OF SECURITY RESPONSIBILITIES (NOV 2001)

252.204-7006 BILLING INSTRUCTIONS (OCT 2005)

252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE

GOVERNMENT OF A COUNTRY THAT IS A STATE SPONSOR OF TERRORISM

(OCT 2015)

252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (MAR 2016)

Para (c)(1)(i). Insert Contract Line, Subline, or Exhibit Line Item Number and Item

Description or n/a. 'TBD on each Task Order' Para (c)(1)(ii). Identify Contract Line, Subline, or Exhibit Line Item Nr and Item

Description. If items are identified in the Schedule, insert "See Schedule" 'If items are identified in the Schedule, insert "See Schedule" 'TBD on each Task Order''

Para (c)(1)(iii). Attachment Nr. 'TBD on each Task Order' Para (c)(1)(iv). Attachment Nr. 'TBD on each Task Order' Para (f)(2)(iii). Line item number or n/a. 'TBD on each Task Order'

252.211-7007 REPORTING OF GOVERNMENT-FURNISHED PROPERTY (AUG 2012)

252.211-7008 USE OF GOVERNMENT-ASSIGNED SERIAL NUMBERS (SEP 2010)

252.215-7002 COST ESTIMATING SYSTEM REQUIREMENTS (DEC 2012)

252.216-7006 ORDERING (MAY 2011)

Para (a). Date. 'the Effective Date on the cover page of this document (Block 3)' Para (a). Date '60 months from the Effective Date on the cover page of this document

(Block 3)'

252.222-7006 RESTRICTIONS ON THE USE OF MANDATORY ARBITRATION AGREEMENTS (DEC

2010)

252.223-7004 DRUG-FREE WORK FORCE (SEP 1988)

252.223-7006 PROHIBITION ON STORAGE, TREATMENT, AND DISPOSAL OF TOXIC OR

HAZARDOUS MATERIALS - BASIC (SEP 2014)

252.225-7008 RESTRICTION ON ACQUISITION OF SPECIALTY METALS (MAR 2013)

252.225-7009 RESTRICTION ON ACQUISITION OF CERTAIN ARTICLES CONTAINING SPECIALTY

METALS (OCT 2014)

252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (DEC 2017)

252.225-7016 RESTRICTION ON ACQUISITION OF BALL AND ROLLER BEARINGS (JUN 2011)

252.225-7030 RESTRICTION ON ACQUISITION OF CARBON, ALLOY, AND ARMOR STEEL PLATE

(DEC 2006)

252.225-7048 EXPORT-CONTROLLED ITEMS (JUN 2013)

252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC

ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS (SEP 2004)

252.227-7013 RIGHTS IN TECHNICAL DATA--NONCOMMERCIAL ITEMS (FEB 2014)

252.227-7014 RIGHTS IN NONCOMMERCIAL COMPUTER SOFTWARE AND NONCOMMERCIAL

COMPUTER SOFTWARE DOCUMENTATION (FEB 2014)

252.227-7016 RIGHTS IN BID OR PROPOSAL INFORMATION (JAN 2011)

252.227-7019 VALIDATION OF ASSERTED RESTRICTIONS--COMPUTER SOFTWARE (SEP 2016)

252.227-7025 LIMITATIONS ON THE USE OR DISCLOSURE OF GOVERNMENT-FURNISHED

INFORMATION MARKED WITH RESTRICTIVE LEGENDS (MAY 2013)

252.227-7027 DEFERRED ORDERING OF TECHNICAL DATA OR COMPUTER SOFTWARE (APR

1988)

252.227-7030 TECHNICAL DATA--WITHHOLDING OF PAYMENT (MAR 2000)

252.227-7037 VALIDATION OF RESTRICTIVE MARKINGS ON TECHNICAL DATA (SEP 2016)

252.227-7038 PATENT RIGHTS--OWNERSHIP BY THE CONTRACTOR (LARGE BUSINESS) (JUN

2012)

252.227-7038 PATENT RIGHTS--OWNERSHIP BY THE CONTRACTOR (LARGE BUSINESS) (JUN

2012) - ALTERNATE I (DEC 2007)

Alt I, para (b)(2)(v), Existing treaties or international agreements. '?????'

252.227-7039 PATENTS--REPORTING OF SUBJECT INVENTIONS (APR 1990)

252.228-7001 GROUND AND FLIGHT RISK (JUN 2010)

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)

252.235-7010 ACKNOWLEDGMENT OF SUPPORT AND DISCLAIMER (MAY 1995)

Para (a), name of contracting agency(ies): 'United States Air Force' Para (a), contract number(s): 'FA8650-19-S-1013' Para (b), name of contracting agency(ies): 'United States Air Force'

252.235-7011 FINAL SCIENTIFIC OR TECHNICAL REPORT (JAN 2015)

252.239-7001 INFORMATION ASSURANCE CONTRACTOR TRAINING AND CERTIFICATION (JAN

2008)

252.242-7004 MATERIAL MANAGEMENT AND ACCOUNTING SYSTEM (MAY 2011)

252.242-7005 CONTRACTOR BUSINESS SYSTEMS (FEB 2012)

252.242-7006 ACCOUNTING SYSTEM ADMINISTRATION (FEB 2012)

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012)

252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUN 2013)

252.244-7001 CONTRACTOR PURCHASING SYSTEM ADMINISTRATION - BASIC (MAY 2014)

252.245-7001 TAGGING, LABELING, AND MARKING OF GOVERNMENT-FURNISHED PROPERTY

(APR 2012)

252.245-7002 REPORTING LOSS OF GOVERNMENT PROPERTY (DEC 2017)

252.245-7003 CONTRACTOR PROPERTY MANAGEMENT SYSTEM ADMINISTRATION (APR 2012)

252.245-7004 REPORTING, REUTILIZATION, AND DISPOSAL (DEC 2017)

Insert Item(s) 'TBD on each Task Order' Insert Item(s) 'TBD on each Task Order'

252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA - BASIC (APR 2014)

252.247-7024 NOTIFICATION OF TRANSPORTATION OF SUPPLIES BY SEA (MAR 2000)

C. AIR FORCE FEDERAL ACQUISITION REGULATION SUPPLEMENT CONTRACT CLAUSES

5352.201-9101 OMBUDSMAN (JUN 2016)

Para (c). Ombudsmen names, addresses, phone numbers, fax, and email addresses.

'Ombudsman: Ms Lisette K. LeDuc 1864 Fourth St.

Wright-Patterson AFB OH 45433-7130 937-904-4407 Lisette.leduc@us.af.mil

Alternate Ombudsman: Ms Kimberly L. Yoder 1864 Fourth St.

Wright-Patterson AFB OH 45433-7130 937-255-4967 kimberly.yoder@us.af.mil''

5352.204-9000 NOTIFICATION OF GOVERNMENT SECURITY ACTIVITY AND VISITOR GROUP

SECURITY AGREEMENTS (OCT 2017)

5352.209-9000 ORGANIZATIONAL CONFLICT OF INTEREST (OCT 2010)

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:

FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES IN FULL TEXT

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN

2016)

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

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

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).

52.216-19 ORDER LIMITATIONS (OCT 1995) (TAILORED)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $100,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor--

(1) Any order for a single item in excess of $18,000,000.00;

(2) Any order for a combination of items in excess of $49,900,000.00; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(e) This is a multiple award Indefinite Delivery/Indefinite Quantity contract.

(a) In accordance with FAR 16.505(b)(1), each awardee shall be provided a fair opportunity to be considered for each order in excess of $3,500 pursuant to the procedures established in this clause unless the contracting officer determines that an exception to the fair opportunity process at FAR 16.505(b)(2) applies.

(b) Unless an exception applies, awardees will be provided a fair opportunity using the following ordering procedures:

(1) The Government will issue a Fair Opportunity Proposal Request (FOPR) letter to each awardee. The FOPR will include all information necessary for a proposal, ie. a description of work to be performed, budget, desired completion date and other requirements.

(2) Each awardee will submit their technical and/or managerial approach, if necessary, and cost/price proposal in response to the Government's work statement/statement of objectives. The response may be presented to the Government either orally or in writing, as directed in the task order Fair Opportunity Proposal Request. The cost/price proposal shall identify 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; (iv) identify any Government property required for performance; and (v) any other requested documentation.

(3) Upon receipt of proposals, the Government may conduct interchanges with offeror(s), as necessary. The Government will issue orders based on an assessment of the technical approach and proposed cost/price in accordance with the following evaluation criteria:

(1) Unique and innovative approach proposed to accomplish the technical objectives.

New and creative solutions and/or advances in knowledge, understanding, technology, and the state of the art.

(2) The offeror's understanding of the scope of the technical effort.

(3) Soundness of the offeror's technical approach including whether the proposal identifies major technical risks, clearly defines feasible mitigation efforts, and demonstrates related experience and qualifications of technical personnel to include effective teaming agreements with small business and other than small business.

(4) The potential for AFRL to transition the research and development deliverables to future Government needs. Any proposed restriction on technical data or computer software will be considered.

(4) Prior to award of a potentially successful offer, the contracting officer will make a determination regarding price reasonableness.

(5) Upon selection of the successful proposal(s), the Government will conduct negotiations as necessary prior to issuance of any order. In the event issues pertaining to 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, Offerors or successful Contractor(s) shall be notified in writing 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.

(c) The Contractor is not authorized to commence performance prior to issuance of the Order by the Contracting Officer.

(d) Orders may be issued unilaterally, i.e., upon the Contracting Officer's signature alone, at the proposed cost and terms confirmed in writing by the Contractor and Contracting Officer at the end of negotiations. The Contractor's failure to notify the Contracting Officer of its intent to reject the Order within 7 business days after receipt of a unilaterally issued Order shall constitute Contractor acceptance of the terms and conditions of the Order as written.

(e) In Accordance with 10 USC Section 2304c (e)(1) (as amended by the FY17 National Defense Authorization Act (NDAA)), a protest is not authorized in connection with the issuance or proposed issuance of an individual task order less than $25,000,000 except for a protest on the grounds that the order increases the scope, period, or maximum value of the contract under which the order is issued.

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.

DEFENSE FAR SUPP CONTRACT CLAUSES IN FULL TEXT

252.204-7009 LIMITATIONS ON THE USE OR DISCLOSURE OF THIRD-PARTY CONTRACTOR

REPORTED CYBER INCIDENT INFORMATION (OCT 2016)

(a) Definitions. As used in this clause—

“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.

“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 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.

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

“Media” means physical devices or writing surfaces including, but 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.

“Technical information” means technical data or computer software, as those terms are defined in the clause at DFARS 252.227-7013, Rights in Technical Data-Noncommercial 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) Restrictions. The Contractor agrees that the following conditions apply to any information it receives or creates in the performance of this contract that is information obtained from a third-party’s reporting of a cyber incident pursuant to DFARS clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting (or derived from such information obtained under that clause):

(1) The Contractor shall access and use the information only for the purpose of furnishing advice or technical assistance directly to the Government in support of the Government’s activities related to clause 252.204-7012 , and shall not be used for any other purpose.

(2) The Contractor shall protect the information against unauthorized release or disclosure.

(3) The Contractor shall ensure that its employees are subject to use and non-disclosure obligations consistent with this clause prior to the employees being provided access to or use of the information.

(4) The third-party contractor that reported the cyber incident is a third-party beneficiary of the non-disclosure agreement between the Government and Contractor, as required by paragraph (b)(3) of this clause.

(5) A breach of these obligations or restrictions may subject the Contractor to—

(i) Criminal, civil, administrative, and contractual actions in law and equity for penalties, damages, and other appropriate remedies by the United States; and

(ii) Civil actions for damages and other appropriate remedies by the third party that reported the cyber incident, as a third party beneficiary of this clause.

(c) Subcontracts. The Contractor shall include this clause, including this paragraph (c), in subcontracts, or similar contractual instruments, for services that include support for the Government’s activities related to safeguarding covered defense information and cyber incident reporting, including subcontracts for commercial items, without alteration, except to identify the parties.

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT

REPORTING (OCT 2016)

(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 unclassified information system that is owned, or operated by or for, a contractor and that processes, stores, or transmits covered defense information.

“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 controlled technical information or other information, as described in the Controlled Unclassified Information (CUI) Registry at http://www.archives.gov/cui/registry/category-list.html, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies, and is—

(1) Marked or otherwise identified in the contract, task order, or delivery order and provided to the contractor by or on behalf of DoD in support of the performance of the contract; or

(2) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract.

“Cyber incident” means actions taken through the use of computer networks that result in a compromise or an actual or potentially adverse effect on an information system and/or the information residing therein.

“Forensic analysis” means the practice of gathering, retaining, and analyzing computer-related data for investigative purposes in a manner that maintains the integrity of the data.

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

“Malicious software” means computer software or firmware intended to perform an unauthorized process that will have adverse impact on the confidentiality, integrity, or availability of an information system. This definition includes a virus, worm, Trojan horse, or other code-based entity that infects a host, as well as spyware and some forms of adware.

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

‘‘Operationally critical support’’ means supplies or services designated by the Government as critical for airlift, sealift, intermodal transportation services, or logistical support that is essential to the mobilization, deployment, or sustainment of the Armed Forces in a contingency operation.

“Rapidly report” means within 72 hours of discovery of any cyber incident.

“Technical information” means technical data or computer software, as those terms are defined in the clause at DFARS 252.227-7013, Rights in Technical Data-Noncommercial Items, regardless of whether or not the clause is incorporated in this solicitation or contract.