Attach 1 - WESTAR Basic IDIQ Model Contract - Rev 1.pdf

AWARD / CONTRACT

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 350)

RATING

DO-A5

PAGE of PAGES

1 31

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

FA8651-21-D-00XX Est 01 SEP 2021 See Section G

5. ISSUED BY AFRL/RWK CODE FA8651 6. ADMINISTERED BY (IF OTHER THAN ITEM 5) CODE FA8651

AIR FORCE RESEARCH LABORATORY

MUNITIONS RESEARCH LABORATORY

203 W EGLIN BLVD, BLDG 300

EGLIN AFB, FL 32542-6810

SHANNON K. PARADISE 850-883-7215

SHANNON.PARADISE@US.AF.MIL

AFRL/RWK

AIR FORCE RESEARCH LABORATORY

MUNITIONS RESEARCH LABORATORY

203 W EGLIN BLVD, BLDG 300

EGLIN AFB FL 32542-6810

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 F03000

See Section F DFAS-DY

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 13

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

C DESCRIPTION/SPECS./WORK STATEMENT 5 J LIST OF ATTACHMENTS 31

D PACKAGING AND MARKING 6 PART IV - REPRESENTATIONS AND INSTRUCTIONS

E INSPECTION AND ACCEPTANCE 7 K REPRESENTATIONS, CERTIFICATIONS AND

F DELIVERIES OR PERFORMANCE 8 OTHER STATEMENTS OF OFFERORS

G CONTRACT ADMINISTRATION DATA 9 L INSTRS., CONDS., AND NOTICES TO

H SPECIAL CONTRACT REQUIREMENTS 12 M EVALUATION FACTORS FOR AWARD

CONTRACTING OFFICER WILL COMPLETE ITEM 17 OR 18 AS APPLICABLE

17. 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 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

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 7.4.0.0 Created 13 Apr 2021 12:12 PM

MODEL

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION B FA8651-21-D-00XX

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

Noun: WEAPON ENGAGEMENT SIMULATION TECHNOLOGY

FOR ADVANCED RESEARCH (WESTAR)

PSC: AC12

DD1423 is Exhibit: A Contract type: U - COST PLUS FIXED FEE Descriptive Data:

The contractor shall perform Weapon Engagement Simulation Technology for Advanced Research in accordance with Section J, List of Dcouments, Exhibits and other Attachments. All data should be submitted in accordance with Exhibit A, Contract Data Requirements List (CDRL), DD Forms 1423. See Individual Task Orders for specific requirements.

This is an Indefinite Delivery Indefinite Quantity (IDIQ) contract as contemplated by FAR

16.5. The total scope of the technical tasks for which orders may be issued is set forth in the overarching statement of work incorporated in Section J.

The maximum dollar amount the Government may order under this contract is $99,000,000; the minimum amount is $50,000.

Basic Contract Ordering period for this contract begins on the effective date (block 3 of SF26) of this contract and ends 60 months later. Performance periods for individual task orders shall be established when the task order is negotiated

WAWF Ship to BPN is TBD. Contract is required to submit a DD250Z via WAWF as a Stand-Alone Receiving Report at $0 in order to confirm Program Manager's receipt and acceptance of the final report and hardware/software deliverables. Inspection and acceptance point should be marked as "D" for destination.

GUARANTEED FINAL REPORT: The contractor is required to provide a final report in accordance with Exhibit A, Data Item A017. During the life of the contract, the contractor shall continuously reserve sufficient funds from the amount allotted to guarantee the preparation and delivery of the final report.

Individials task orders may include the following contract types: Cost-Plus-Fixed-Fee, Cost-Only, Firm-Fixed-Price and/or other types, as applicable

Program Milestones* Completion Dates* *See Individual Task Orders for their applicable Milestones and Completion Dates.

Due to the overarching nature of this contract, not all clauses are/will be applicable to each individual Delivery/Task Order. The FAR and other contract clauses and applicable regulatory prescribing language will determine if the clause is applicable to the individual Delivery/Task Order.

NOTE: CLINs will be established for each Delivery/Task Order issued hereunder.

NOTE: International Traffic in Arms Regulation (ITAR) Restricted. Export control applicable.

Note: 5352.223-9000 ELIMINATION OF USE OF CLASS I OZONE DEPLETING SUBSTANCES (ODS) (OCT 2019); none is anticipated.

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

FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES

NO CLAUSES OR PROVISIONS IN THIS SECTION

SECTION C - DESCRIPTION/SPECS./WORK STATEMENT

SECTION C FA8651-21-D-00XX

SECTION D - PACKAGING AND MARKING

SECTION D FA8651-21-D-00XX

SECTION E - INSPECTION AND ACCEPTANCE

SECTION E FA8651-21-D-00XX

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

52.246-07 INSPECTION OF RESEARCH AND DEVELOPMENT -- FIXED-PRICE (AUG 1996)

52.246-08 INSPECTION OF RESEARCH AND DEVELOPMENT -- COST-REIMBURSEMENT

(MAY 2001)

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

52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984)

SECTION F - DELIVERIES OR PERFORMANCE

SECTION F FA8651-21-D-00XX

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

52.242-15 STOP-WORK ORDER (AUG 1989)

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 FA8651-21-D-00XX

Payment Instructions:

https://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/PGI204_71.htm#payment_instructions

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

II. 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 (DEC 2018)

(a) Definitions. As used in this clause-unit, activity, or organization.

Area WorkFlow (WAWF).

certification is done external to the entitlement system.

-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (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.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) 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 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 shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

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

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items-

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

Cost voucher

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

TBD

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

and receiving report in one step.]

(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 FA8651 Admin DoDAAC FA8651 Inspect By DoDAAC TBD Ship To Code TBD Ship From Code TBD Mark For Code TBD Service Approver (DoDAAC) N/A Service Acceptor (DoDAAC) See SF26 Block 6 Accept at Other DoDAAC N/A LPO DoDAAC N/A DCAA Auditor DoDAAC TBD

Other DoDAAC(s) N/A

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

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

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the

N/A

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

SECTION H - SPECIAL CONTRACT REQUIREMENTS

SECTION H FA8651-21-D-00XX

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

SECTION I FA8651-21-D-00XX

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: 7.3.x.1700; Issued: 3/9/2021; FAR: FAC 2020-01; DFAR: DPN20191127; DL.: DL 98-021;

Class Deviations: CD 2020-O0001; 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 (JUN 2020)

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 (JUN 2020)

52.203-06 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUN 2020)

- ALTERNATE I (OCT 1995)

52.203-07 ANTI-KICKBACK PROCEDURES (JUN 2020)

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

(JUN 2020)

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (JUN 2020)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO

INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (JUN 2020)

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 (JUN 2020)

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

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS

(DEC 2014)

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

DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED

ENTITIES (JUL 2018)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

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

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT

(JUN 2020)

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 (JUN 2020)

52.215-02 AUDIT AND RECORDS -- NEGOTIATION (JUN 2020)

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 (JUN 2020)

52.215-12 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA (JUN 2020)

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

2020)

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

2020) - ALTERNATE I (AUG 2020)

52.215-14 INTEGRITY OF UNIT PRICES (JUN 2020)

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

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 (JUN 2020)

52.215-23 LIMITATIONS ON PASS-THROUGH CHARGES (JUN 2020)

52.215-23 LIMITATIONS ON PASS-THROUGH CHARGES (JUN 2020) - ALTERNATE I (OCT

2009)

52.216-07 ALLOWABLE COST AND PAYMENT (AUG 2018)

52.216-08 FIXED FEE (JUN 2011)

52.216-11 COST CONTRACT -- NO FEE (APR 1984)

52.216-18 ORDERING (AUG 2020)

Para (a), Issued from date is 'Effective Date of Contract (Block 3 of Standard Form 26, Award/Contract)' Para (a), Issued through date is 'Issued through date is 60 months after the effective date

(Block 3 of the Standard Form 26, Award/Contract).'

52.216-19 ORDER LIMITATIONS (OCT 1995)

Para (a). Insert Dollar amount or quantity. '50000.00' Para (b)(1). Insert dollar amount or quantity '99000000.00' Para (b)(2). Insert dollar amount or quantity. '99000000.00' Para (b)(3). Insert number of days. '14' Para (d). Insert number of days. '14'

52.216-22 INDEFINITE QUANTITY (OCT 1995)

Para (d), Date is ''expiration of latest delivery date established by individual Task Orders''

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

52.219-09 SMALL BUSINESS SUBCONTRACTING PLAN (JUN 2020)

52.219-09 SMALL BUSINESS SUBCONTRACTING PLAN (JUN 2020) - ALTERNATE IV (JUN

2020)

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

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (NOV 2020)

52.222-02 PAYMENT FOR OVERTIME PREMIUMS (JUL 1990)

Para (a), Dollar amount is '0.00'

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 (JUN 2020)

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020)

52.222-37 EMPLOYMENT REPORTS ON VETERANS (JUN 2020)

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

ACT (DEC 2010)

52.222-50 COMBATING TRAFFICKING IN PERSONS (OCT 2020)

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (OCT 2015)

52.223-06 DRUG-FREE WORKPLACE (MAY 2001)

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE

DRIVING (JUN 2020)

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

52.227-01 AUTHORIZATION AND CONSENT (JUN 2020) - ALTERNATE I (APR 1984)

52.227-02 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT

INFRINGEMENT (JUN 2020)

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

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

52.230-02 COST ACCOUNTING STANDARDS (JUN 2020)

52.230-03 DISCLOSURE AND CONSISTENCY OF COST ACCOUNTING PRACTICES (JUN

2020)

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)

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

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)

52.233-03 PROTEST AFTER AWARD (AUG 1996) - ALTERNATE I (JUN 1985)

52.233-04 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

52.242-01 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)

52.242-05 PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (JAN 2017)

52.242-13 BANKRUPTCY (JUL 1995)

52.243-01 CHANGES -- FIXED-PRICE (AUG 1987) - ALTERNATE V (APR 1984)

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 (JUN 2020)

Para (d), approval required on subcontracts: 'TBD' Para (j), Insert subcontracts evaluated during negotiations. 'TBD'

52.244-02 SUBCONTRACTS (JUN 2020) - ALTERNATE I (JUN 2020)

Para (d), Contractor shall obtain the Contracting Officer's written consent before placing the following subcontracts: 'TBD' Para (j), the following subcontracts which were evaluated during negotiations: 'TBD'

52.244-05 COMPETITION IN SUBCONTRACTING (DEC 1996)

52.244-06 SUBCONTRACTS FOR COMMERCIAL ITEMS (NOV 2020)

52.245-01 GOVERNMENT PROPERTY (JAN 2017) - ALTERNATE I (APR 2012)

52.245-09 USE AND CHARGES (APR 2012)

52.246-23 LIMITATION OF LIABILITY (FEB 1997)

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

52.249-09 DEFAULT (FIXED-PRICE RESEARCH AND DEVELOPMENT) (APR 1984)

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

252.203-7000 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 (AUG 2019)

252.203-7004 DISPLAY OF HOTLINE POSTERS (AUG 2019)

252.204-7000 DISCLOSURE OF INFORMATION (OCT 2016)

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

252.204-7004 LEVEL I ANTITERRORISM AWARENESS TRAINING FOR CONTRACTORS (FEB

2019)

252.204-7006 BILLING INSTRUCTIONS (OCT 2005)

252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION TO LITIGATION

SUPPORT (MAY 2016)

252.204-7020 NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (NOV 2020)

252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (DEC

1991)

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

GOVERNMENT OF A COUNTRY THAT IS A STATE SPONSOR OF TERRORISM

(MAY 2019)

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 in accordance with individual task orders, if applicable.' 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" 'See schedule' Para (c)(1)(iii). Attachment Nr. 'TBD in accordance with individual task orders, if applicable.' Para (c)(1)(iv). Attachment Nr. 'TBD in accordance with individual task orders, if applicable.' Para (f)(2)(iii). Line item number or n/a. 'N/A'

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

252.215-7002 COST ESTIMATING SYSTEM REQUIREMENTS (DEC 2012)

252.216-7009 ALLOWABILITY OF LEGAL COSTS INCURRED IN CONNECTION WITH A

WHISTLEBLOWER PROCEEDING (SEP 2013)

252.219-7003 SMALL BUSINESS SUBCONTRACTING PLAN (DOD CONTRACTS) -- BASIC (DEC

2019)

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

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

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

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 (APR 2019)

252.227-7000 NON-ESTOPPEL (OCT 1966)

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)

252.227-7030 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)

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

252.231-7000 SUPPLEMENTAL COST PRINCIPLES (DEC 1991)

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS

(DEC 2018)

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)

252.232-7017 ACCELERATING PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS

PROHIBITION ON FEES AND CONSIDERATION (APR 2020)

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): 'FA865121D00XX' Para (b), name of contracting agency(ies): 'United States Air Force'

252.235-7011 FINAL SCIENTIFIC OR TECHNICAL REPORT (DEC 2019)

252.237-7999 REQUIREMENT FOR ACCOUNTING FIRMS USED TO SUPPORT DEPARTMENT OF

DEFENSE AUDITS (DEVIATION 2019-O0007) (MAR 2019)

252.239-7018 SUPPLY CHAIN RISK (FEB 2019)

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)

252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012)

252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (OCT 2020)

252.244-7001 CONTRACTOR PURCHASING SYSTEM ADMINISTRATION - ALTERNATE I (MAY

2014) - ALTERNATE I (MAY 2014)

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

(APR 2012)

252.245-7002 REPORTING LOSS OF GOVERNMENT PROPERTY (DEVIATION 2020-O0004) (FEB

2020)

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

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

Insert Item(s) 'None' Insert Item(s) 'None'

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 (FEB 2019)

252.251-7000 ORDERING FROM GOVERNMENT SUPPLY SOURCES (AUG 2012)

Para (f), Contractor's address is 'TBD in accordance with individual task orders, as applicable' Para (f), Government remittance address is 'TBD in accordance with individual task orders, as applicable'

C. AIR FORCE FEDERAL ACQUISITION REGULATION SUPPLEMENT CONTRACT CLAUSES

5352.201-9101 OMBUDSMAN (OCT 2019)

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

'Rosalind Harper, 937-904-4407, email rosaland.harper@us.af.mil'

5352.204-9000 NOTIFICATION OF GOVERNMENT SECURITY ACTIVITY AND VISITOR GROUP

SECURITY AGREEMENTS (OCT 2019)

5352.209-9000 ORGANIZATIONAL CONFLICT OF INTEREST (OCT 2019)

5352.209-9000 ORGANIZATIONAL CONFLICT OF INTEREST (OCT 2019) - ALTERNATE III (OCT

2019)

5352.209-9000 ORGANIZATIONAL CONFLICT OF INTEREST (OCT 2019) - ALTERNATE V (OCT

2019)

5352.223-9000 ELIMINATION OF USE OF CLASS I OZONE DEPLETING SUBSTANCES (ODS) (OCT 2019)

5352.223-9001 HEALTH AND SAFETY ON GOVERNMENT INSTALLATIONS (OCT 2019)

5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (OCT 2019)

Para (b), Any additional requirements to comply with local security procedures 'All

AFRL/RW requirements' Para (d). Additional requirements. 'All AFRL/RW requirements'

5352.242-9001 COMMON ACCESS CARDS (CAC) FOR CONTRACTOR PERSONNEL-AF SYSTEMS

(OCT 2019)

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).

52.217-09 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 as applicable to individual task orders; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 15 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 as applicable to individual task orders.

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):

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/dfars https://www.acquisition.gov/affars

52.252-06 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

(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 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.

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.

(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.

or an actual or potentially adverse effect on an information system and/or the information residing therein.

processing, maintenance, use, sharing, dissemination, or disposition of information.

rfaces 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.

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-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 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 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 (DEC 2019)

commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information.

policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, tifies 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.

or for, a contractor and that processes, stores, or transmits covered defense information.

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.

for, a contractor and that processes, stores, or transmits covered defense 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.

or an actual or potentially adverse effect on an information system and/or the information residing therein.

ining, and analyzing computer-related data for investigative purposes in a manner that maintains the integrity of the data.

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.

ical 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.

vices 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.

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) Adequate security. The Contractor shall provide adequate security on all covered contractor information systems. To provide adequate security, the Contractor shall implement, at a minimum, the following information security protections:

(1) For covered contractor information systems that are part of an Information Technology (IT) service or system operated on behalf of the Government, the following security requirements apply:

(i) Cloud computing services shall be subject to the security requirements specified in the clause 252.239-7010, Cloud Computing Services, of this contract.

(ii) Any other such IT service or system (i.e., other than cloud computing) shall be subject to the security requirements specified elsewhere in this contract.

(2) For covered contractor information systems that are not part of an IT service of system operated on behalf of the Government and therefore are not subject to the security requirement specified at paragraph (b)(1) of this clause, the following security requirements apply:

(i) Except as provided in paragraph (b)(2)(ii) of this clause, the covered contractor information system shall be subject to the security requirements in National Institute of Standards and Technology (NIST) Special Publication (SP) 800-http://dx.doi.org/10.6028/NIST.SP.800-171) in effect at the time the solicitation is issued or as authorized by the Contracting Officer.

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

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

indicating that a requirement is not applicable or that an alternative security measure is equally effective, a copy of that approval shall be provided to the Contracting Officer when requesting its recognition under this contract.

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

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

(c) Cyber incident reporting requirement.

(1) When the Contractor discovers a cyber incident that affects a covered contractor ability to perform the requirements of the contract that are designated as operationally critical support and identified in the contrac, 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 been accessed as a result of the incident in order to identify compromised covered defense information,

(ii) Rapidly report cyber incidents to DoD at https://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 https://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. For information on obtaining a DoD-approved medium assurance certificate, see https://public.cyber.mil/eca/.

(d) Malicious software. When the Contractor or subcontractors discover and isolate malicious software in connection with a reported cyber incident, submit the malicious software to DoD Cyber Crime Center (DC3) in accordance with instructions provided by DC3 or the Contracting Officer. Do not send the malicious software to the Contracting Officer.

(e) Media preservation and protection. When a Contractor discovers a cyber incident has occurred, the Contractor shall preserve and protect images of all known affected information systems identified in paragraph (c)(1)(i) of this clause and all relevant monitoring/packet capture data for at least 90 days from the submission of the cyber incident report to allow DoD to request the media or decline interest.

(f) Access to additional information or equipment necessary for forensic analysis. Upon request by DoD, the Contractor shall provide DoD with access to additional information or equipment that is necessary to conduct a forensic analysis.

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

(h) DoD safeguarding and use of contractor attributional/proprietary information. The Government shall protect against the unauthorized use or release of information obtained from the contractor (or derived from information obtained from the contractor) under this clause that includes contractor attributional/proprietary information, including such information submitted in accordance with paragraph (c). To the maximum extent practicable, the Contractor shall identify and mark attributional/proprietary information. In making an authorized release of such information, the Government will implement appropriate procedures to minimize the contractor attributional/proprietary information that is included in such authorized release, seeking to include only that information that is necessary for the authorized purpose(s) for which the information is being released.

(i) Use and release of contractor attributional/proprietary information not created by or for DoD.

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

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

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

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

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

or activities under a contract that includes the clause at 252.204-7009, Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information.

(j) Use and release of contractor attributional/proprietary information created by or for DoD.

Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is created by or for DoD (including the information submitted pursuant to paragraph

(c) of this clause) is authorized to be used and released outside of DoD for purposes and activities authorized by paragraph (i) of this clause, and for any other lawful Government purpose or activity, release of such information.

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

(l) Other safeguarding or reporting requirements. The safeguarding and cyber incident reporting incident reporting pertaining to its unclassified information systems as required by other applicable clauses of this contract, or as a result of other applicable U.S. Government statutory or regulatory requirements.

(m) Subcontracts. The Contractor shall

(1) Include this clause, including this paragraph (m), in subcontracts, or similar contractual instruments, for operationally critical support, or for which subcontract performance will involve covered defense information, including subcontracts for commercial items, without alteration, except to identify the parties. The Contractor shall determine if the information required for subcontractor performance retains its identity as covered defense information and will require protection under this clause, and, if necessary, consult with the Contracting Officer; and

(2) Require subcontractors to

(i) Notify the prime Contractor (or next higher-tier subcontractor) when submitting a request to vary from a…