00_FA8823-18-R-0007,_GEARSS_II_20180515.pdf

SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 350)

RATING

N

PAGE OF PAGES

1 39

2. CONTRACT NO. 3. SOLICITATION NO. 4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

5. DATE ISSUED

15 MAY 2018

6. REQUISITION/PURCHASE NO.

FA8823-18-R-0007

7. ISSUED BY SMC/PKLG CODE FA8823 8. ADDRESS OFFER TO (If other than Item 7)

SMC/PKL

1050 EAST STEWART AVENUE

PETERSON AFB CO 80914-2902

ROBERT E. WOOLFOLK II 719-556-2856

ROBERT.WOOLFOLK@US.AF.MIL

NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder”.

SOLICITATION

9. The resultant contract will not incorporate Sections L and M however Section K is incorporated by reference.

10. FOR

INFORMATION

CALL:

A. NAME

STEPHANIE M. VANDINE

B. TELEPHONE (Include area code)

(NO COLLECT CALLS)

(719) 556-2086

C. E-MAIL ADDRESS

stephanie.vandine@us.af.mil

11. TABLE OF CONTENTS

(√) SEC. DESCRIPTION PAGE(S) (√) SEC DESCRIPTION PAGE(S)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

√ A SOLICITATION/CONTRACT FORM 1 √ I CONTRACT CLAUSES 22

√ B SUPPLIES OR SERVICES AND PRICES/COSTS 2 PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACH.

√ C DESCRIPTION/SPECS./WORK STATEMENT 15 √ J LIST OF ATTACHMENTS 39

√ D PACKAGING AND MARKING 16 PART IV - REPRESENTATIONS AND INSTRUCTIONS

√ E INSPECTION AND ACCEPTANCE 17 √ K REPRESENTATIONS, CERTIFICATIONS, K - 1

√ F DELIVERIES OR PERFORMANCE 18 AND OTHER STATEMENTS OF OFFERORS

√ G CONTRACT ADMINISTRATION DATA 19 √ L INSTRS, CONDS, AND NOTICES TO OFFERORS L - 1

√ H SPECIAL CONTRACT REQUIREMENTS 21 √ M EVALUATION FACTORS FOR AWARD M - 1

OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within ____180____ calendar days (60 calendar days unless a different period is inserted by the offeror) from the date of receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

10 CALENDAR DAYS

20 CALENDAR DAYS

30 CALENDAR DAYS

CALENDAR DAYS

14. ACKNOWLEDGEMENTS OF AMENDMENTS

(The offeror acknowledges receipt of amend-

AMENDMENT NO. DATE AMENDMENT NO. DATE

ments to the SOLICITATION for offerors and related documents numbered and dated:

15A. NAME

AND

CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

ADDRESS

OF

OFFEROR

15B. TELEPHONE NO. (Include area code)

15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETI-

TION: 23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c) ( )

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 33 (REV. 9-97)

PREVIOUS EDITION IS UNUSABLE Prescribed by GSA ConWrite Version 6.15.4 FAR (48 CFR) 53.21(c) Created 30 Apr 2018 1:37 PM

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION B FA8823-18-R-0007

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

SUSTAINMENT SERVICES

0001 __________

Noun: SUSTAINMENT SERVICES - BASE PERIOD

PSC: R799

DD1423 is Exhibit: A Contract type: J - FIRM FIXED PRICE Start Date: 01 JAN 2019 Completion Date: 31 DEC 2019 Descriptive Data:

The Contractor shall meet program objectives and task requirements in accordance with Section J, Attachment 1 - PWS Paragraphs 1, 2 (except 2.7), 3.1-3.7, 4 & 5. (3400 O&M Funds).

Inspection: Destination Acceptance: Destination FOB: Destination

OTHER DIRECT COSTS

0002 __________

Noun: TRAVEL/MATERIALS - BASE PERIOD

PSC: R799

Contract type: S - COST Start Date: 01 JAN 2019 Completion Date: 31 DEC 2019 Descriptive Data:

The Contractor shall provide travel and/or materials in accordance with Section J, Attachment 1 - PWS Paragraphs 2.7. All purchases will be coordinated and approved prior to expenditure. (3400 O&M Funds).

Inspection: Destination Acceptance: Destination FOB: Destination

SECTION B FA8823-18-R-0007

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

DATA AND REPORTS

0003 __________

Noun:

PSC:

Contract type:

Start Date:

Completion Date:

DATA AND REPORTS - BASE PERIOD

R799

J - FIRM FIXED PRICE

ASREQ

ASREQ

Descriptive Data:

The Contractor shall provide data and reports in accordance with Exhibit A, CDRL. The price of this CLIN is included in the price of the Sustainment Services CLIN. Delivery shall be in accordance with individual CDRL(s).

Not Separately Priced (NSP)

Inspection: Destination Acceptance: Destination FOB: Destination

PHASE-IN TRANSITION SERVICES

0004 __________

Noun: PHASE-IN TRANSITION SERVICES - BASE PERIOD

PSC: R799

Contract type: J - FIRM FIXED PRICE Start Date: 01 NOV 2018 Completion Date: ASREQ Descriptive Data:

The Contractor shall execute Phase-In requirements in accordance with Section J, Attachment 1 - PWS Paragraphs 3.8. (3400 O&M Funds).

Inspection: Destination

SECTION B FA8823-18-R-0007

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

PHASE-IN TRANSITION SERVICES OTHER DIRECT COSTS

0005 __________ Noun: PHASE-IN TRANSITION TRAVEL/MATERIALS - BASE

PSC: R799

Contract type: S - COST Start Date: 01 NOV 2018 Completion Date: ASREQ Descriptive Data:

The Contractor shall provide travel and/or materials for Phase-In requirements in accordance with Section J, Attachment 1 - PWS Paragraphs 2.7. All purchases will be coordinated and approved prior to expenditure. (3400 O&M Funds).

Inspection: Destination

SUSTAINMENT SERVICES

1001 OPTION CLIN (service) __________

Noun: SUSTAINMENT SERVICES - OPTION PERIOD 1

PSC: R799

DD1423 is Exhibit: A Descriptive Data:

The Contractor shall meet program objectives and task requirements for GEARSS II in accordance with Section J, Attachment 1 - PWS Paragraphs 1, 2 (except 2.7), 3.1 - 3.7, 4 & 5. (3400 O&M Funds)

Contract type: J - FIRM FIXED PRICE

Period of Performance: 01 Jan - 31 Dec 2020

Inspection: Destination

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

OTHER DIRECT COSTS

1002 __________ Noun: TRAVEL/MATERIALS - OPTION PERIOD 1

PSC: R799

Contract type: S - COST Start Date: ASREQ Completion Date: ASREQ Descriptive Data:

The Contractor shall provide travel and/or materials in accordance with Section J, Attachment 1 - PWS Paragraph 2.7. All purchases will be coordinated and approved prior to expenditure. (3400 O&M Funds)

Contract type: S - COST

Period of Performance: 01 Jan - 31 Dec 2020

Inspection: Destination

DATA AND REPORTS

1003 OPTION CLIN (service) __________

Noun: DATA AND REPORTS - OPTION PERIOD 1

PSC: R799

Descriptive Data:

The Contractor shall provide data and reports in accordance with Exhibit A, CDRL. The price of this CLIN is included in the price of the Sustainment Services CLIN. Delivery shall be in accordance with individual CDR(s).

Not Separately Priced (NSP)

Contract type: J - FIRM FIXED PRICE

Period of Performance: 01 Jan - 31 Dec 2020

Inspection: Destination

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

SUSTAINMENT SERVICES

2001 OPTION CLIN (service) __________

Noun: SUSTAINMENT SERVICES - OPTION PERIOD 2

PSC: R799

DD1423 is Exhibit: A Descriptive Data:

The Contractor shall meet program objectives and task requirements for GEARSS II in accordance with Section J, Attachment 1 - PWS Paragraphs 1, 2 (except 2.7), 3.1 - 3.7, 4 & 5. (3400 O&M Funds).

Contract type: J - FIRM FIXED PRICE

Period of Performance: 01 Jan - 31 Dec 2021

Inspection: Destination

OTHER DIRECT COSTS

2002 OPTION CLIN (service) __________

Noun: TRAVEL/MATERIALS - OPTION PERIOD 2

PSC: R799

Descriptive Data:

The Contractor shall provide travel and/or materials in accordance with Section J, Attachment 1 - PWS Paragraphs 2.7. All purchases will be coordinated and approved prior to expenditure. (3400 O&M Funds).

Contract type: S - COST

Period of Performance: 01 Jan - 31 Dec 2021

Inspection: Destination

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

DATA AND REPORTS

2003 OPTION CLIN (service) __________

Noun: DATA AND REPORTS - OPTION PERIOD 2

PSC: R799

Descriptive Data:

The Contractor shall provide data and reports in accordance with Exhibit A, CDRL. The price of this CLIN is included in the price of the Sustainment Services CLIN. Delivery shall be in accordance with individual CDRL(s).

Not Separately Priced (NSP)

Contract type: J - FIRM FIXED PRICE

Period of Performance: 01 Jan - 31 Dec 2021

Inspection: Destination

3001 OPTION CLIN (service) __________

Noun: SUSTAINMENT SERVICES - OPTION PERIOD 3

PSC: R799

DD1423 is Exhibit: A Descriptive Data:

The Contractor shall meet program objectives and task requirements for GEARSS II in accordance with Section J, Attachment 1 - PWS Paragraphs 1, 2 (except 2.7), 3.1 - 3.7, 4 & 5. (3400 O&M Funds).

Contract type: J - FIRM FIXED PRICE

Period of Performance: 01 Jan - 31 Dec 2022

Inspection: Destination

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

OTHER DIRECT COSTS

3002 OPTION CLIN (service) __________

Noun: TRAVEL/MATERIALS - OPTION PERIOD 3

PSC: R799

Descriptive Data:

The Contractor shall provide travel and/or materials in accordance with Section J, Attachment 1 - PWS Paragraph 2.7. All purchases will be confirmed and approved prior to expenditure. (3400 O&M Funds)

Contract type: S - COST

Period of Performance: 01 Jan - 31 Dec 2022

Inspection: Destination

3003 OPTION CLIN (service) __________

Noun: DATA AND REPORTS - OPTION PERIOD 3

PSC: R799

Descriptive Data:

The Contractor shall provide data and reports in accordance with Exhibit A, CDRL. The price of this CLIN is included in the price of the Sustainment Services CLIN. Delivery shall be in accordance with individual CDRL(s).

Not Separately Priced (NSP)

Contract type: J - FIRM FIXED PRICE

Period of Performance: 01 Jan - 31 Dec 2022

Inspection: Destination

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

SUSTAINMENT SERVICES

4001 OPTION CLIN (service) __________

Noun: SUSTAINMENT SERVICES - OPTION PERIOD 4

PSC: R799

DD1423 is Exhibit: A Descriptive Data:

The Contractor shall meet program objectives and task requirements for GEARSS II in accordance with Section J, Attachment 1 - PWS Paragraphs 1, 2 (except 2.7), 3.1 - 3.7, 4 & 5. (3400 O&M Funds)

Contract type: J - FIRM FIXED PRICE

Period of Performance: 01 Jan - 31 Dec 2023

Inspection: Destination

4002 OPTION CLIN (service) __________

Noun: TRAVEL/MATERIALS - OPTION PERIOD 4

PSC: R799

Descriptive Data:

The Contractor shall provide travel and/or materials in accordance with Section J, Attachment 1 PWS - Paragraph 2.7. All purchases will be coordinated prior to expenditure. (3400 O&M Funds)

Contract type: S - COST

Period of Performance: 01 Jan - 31 Dec 2023

Inspection: Destination

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

DATA AND REPORTS

4003 OPTION CLIN (service) __________

Noun: DATA AND REPORTS - OPTION PERIOD 4

PSC: R799

Descriptive Data:

The Contractor shall provide data and reports in accordance with Exhibit A, CDRL. The price of this CLIN is included in the price of the Sustainment Services CLIN. Delivery shall be in accordance with individual CDRL(s).

Not Separately Priced (NSP)

Contract type: J - FIRM FIXED PRICE

Period of Performance: 01 Jan - 31 Dec 2023

Inspection: Destination

5001 OPTION CLIN (service) __________

Noun: SUSTAINMENT SERVICES - OPTION PERIOD 5

PSC: R799

DD1423 is Exhibit: A Descriptive Data:

The Contractor shall meet program objectives and task requirements for GEARSS II in accordance with Section J, Attachment 1 - PWS Paragraphs 1, 2 (except 2.7), 3.1 - 3.7, 4 & 5. (3400 O&M Funds)

Contract type: J - FIRM FIXED PRICE

Period of Performance: 01 Jan - 31 Dec 2024

Inspection: Destination

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

OTHER DIRECT COSTS

5002 OPTION CLIN (service) __________

Noun: TRAVEL/MATERIALS - OPTION PERIOD 5

PSC: R799

Descriptive Data:

The Contractor shall provide travel and/or materials in accordance with Section J, Attachment 1 - PWS Paragraph 2.7. All purchases will be coordinated and approved prior to expenditure. (3400 O&M Funds)

Contract type: S - COST

Period of Performance: 01 Jan - 31 Dec 2024

Inspection: Destination

5003 OPTION CLIN (service) __________

Noun: DATA AND REPORTS - OPTION PERIOD 5

PSC: R799

Descriptive Data:

The Contractor shall provide data and reports in accordance with Exhibit A, CDRL. The price of this CLIN is included in the price of the Sustainment Services CLIN. Delivery shall be in accordance with individual CDRL(s).

Not Separately Priced (NSP)

Contract type: J - FIRM FIXED PRICE

Period of Performance: 01 Jan - 31 Dec 2024

Inspection: Destination

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

SUSTAINMENT SERVICES

6001 OPTION CLIN (service) __________

Noun: SUSTAINMENT SERVICES - OPTION PERIOD 6

PSC: R799

DD1423 is Exhibit: A Descriptive Data:

The Contractor shall meet program objectives and task requirements for GEARSS II in accordance with Section J, Attachment 1 - PWS Paragraphs 1, 2 (except 2.7), 3.1 - 3.7, 4 & 5. (3400 O&M Funds).

Contract type: J - FIRM FIXED PRICE

Period of Performance: 01 Jan - 31 Dec 2025

Inspection: Destination

6002 OPTION CLIN (service) __________

Noun: TRAVEL/MATERIALS - OPTION PERIOD 6

PSC: R799

Descriptive Data:

The Contractor shall provide travel and/or materials in accordance with Section J, Attachment 1 - PWS Paragraphs 2.7. All purchases will be coordinated and approved prior to expenditure. (3400 O&M Funds).

Contract type: S - COST

Period of Performance: 01 Jan - 31 Dec 2025

Inspection: Destination

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

DATA AND REPORTS

6003 OPTION CLIN (service) __________

Noun: DATA AND REPORTS - OPTION PERIOD 6

PSC: R799

Descriptive Data:

The Contractor shall provide data and reports in accordance with Exhibit A, CDRL. The price of this CLIN is included in the Sustainment Services CLIN. Delivery shall be in accordance with individual CDRL(s).

Not Separately Priced (NSP)

Contract type: J - FIRM FIXED PRICE

Period of Performance: 01 Jan - 31 Dec 2025

Inspection: Destination

NO CLAUSES OR PROVISIONS IN THIS SECTION

SECTION C - DESCRIPTION/SPECS./WORK STATEMENT

SECTION C FA8823-18-R-0007

Including all other terms, conditions, and requirements of the contract, all work shall be performed in accordance with the documents at Section J, List of Attachments, attached hereto and made a part hereof, as they may be amended.

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

FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES

SECTION D - PACKAGING AND MARKING

SECTION D FA8823-18-R-0007

SECTION E - INSPECTION AND ACCEPTANCE

SECTION E FA8823-18-R-0007

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

A. FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES

52.246-03 INSPECTION OF SUPPLIES -- COST-REIMBURSEMENT (MAY 2001)

52.246-04 INSPECTION OF SERVICES -- FIXED-PRICE (AUG 1996)

52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984)

Applies to Firm-Fixed-Price CLIN(s) only.

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 FA8823-18-R-0007

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)

Applies to Firm-Fixed-Price CLIN(s) only.

52.242-15 STOP-WORK ORDER (AUG 1989) - ALTERNATE I (APR 1984)

Applies to Cost CLIN(s) only.

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)

Applies to Firm-Fixed-Price CLIN(s) only.

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

52.247-64 PREFERENCE FOR PRIVATELY OWNED U.S.-FLAG COMMERCIAL VESSELS (FEB

2006)

SECTION G - CONTRACT ADMINISTRATION DATA

SECTION G FA8823-18-R-0007

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).

2n1 Invoice.

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.

F3LGPP

SECTION G - CONTRACT ADMINISTRATION DATA

SECTION G FA8823-18-R-0007

(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 F03000 Issue By DoDAAC FA8823 Admin DoDAAC FA8823 Inspect By DoDAAC F3LGGP Ship To Code TBD Ship From Code TBD Mark For Code TBD Service Approver (DoDAAC) F3LGGP Service Acceptor (DoDAAC) F3LGGP Accept at Other DoDAAC NA LPO DoDAAC N/A DCAA Auditor DoDAAC N/A Other DoDAAC(s) N/A

(*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”)

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

Completed at time of contract award.

(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.

Completed at time of contract award.

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

SECTION H - SPECIAL CONTRACT REQUIREMENTS

SECTION H FA8823-18-R-0007

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

SECTION I FA8823-18-R-0007

Contract Clauses in this section are from the FAR, Defense FAR Sup, Air Force FAR Sup, and the Air Force Materiel Command FAR Sup, and are current through the following updates:

Database_Version: 6.15.x1300; Issued: 1/25/2017; FAR: FAC 2005-96; DFAR: DPN20180131; DL.: DL 98-021;

Class Deviations: CD 2018-O0010; 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)

52.203-17 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 2016)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2016)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016)

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS

(JUN 2016)

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)

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 (JUL 2013)

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)

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

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

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)

52.215-14 INTEGRITY OF UNIT PRICES (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)

52.216-07 ALLOWABLE COST AND PAYMENT (JUN 2013)

Applies to Cost CLIN(s) only.

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

Applies to Cost CLIN(s) only.

52.217-08 OPTION TO EXTEND SERVICES (NOV 1999)

Period of time. '30 Days'

52.219-04 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS

CONCERNS (OCT 2014) - ALTERNATE I (JAN 2011)

52.219-06 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011)

52.219-08 UTILIZATION OF SMALL BUSINESS CONCERNS (NOV 2016)

52.219-14 LIMITATIONS ON SUBCONTRACTING (JAN 2017)

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

52.222-03 CONVICT LABOR (JUN 2003)

52.222-19 CHILD LABOR--COOPERATION WITH AUTHORITIES AND REMEDIES (OCT 2016)

52.222-20 CONTRACTS FOR MATERIALS, SUPPLIES, ARTICLES, AND EQUIPMENT

EXCEEDING $15,000 (MAY 2014)

52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)

52.222-26 EQUAL OPPORTUNITY (SEP 2016)

52.222-29 NOTIFICATION OF VISA DENIAL (APR 2015)

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)

52.222-37 EMPLOYMENT REPORTS ON VETERANS (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) -

ALTERNATE I (MAY 2011)

52.223-06 DRUG-FREE WORKPLACE (MAY 2001)

52.223-10 WASTE REDUCTION PROGRAM (MAY 2011)

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

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE

DRIVING (AUG 2011)

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

52.224-03 PRIVACY TRAINING (JAN 2017)

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

52.227-01 AUTHORIZATION AND CONSENT (DEC 2007) - ALTERNATE II (APR 1984)

52.227-02 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT

INFRINGEMENT (DEC 2007)

52.227-03 PATENT INDEMNITY (APR 1984)

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

Para (j), Communications: 'All communications regarding patent rights will be directed to the Procuring Contracting Officer and Contract Specialist listed on the SF33 Award Form.'

52.227-14 RIGHTS IN DATA - GENERAL (MAY 2014)

52.228-03 WORKERS' COMPENSATION INSURANCE (DEFENSE BASE ACT) (JUL 2014)

52.228-05 INSURANCE -- WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

Applies to Firm-Fixed-Price CLIN(s) only.

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

Applies to Cost CLIN(s) only.

52.229-03 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)

Applies to Firm-Fixed-Price CLIN(s) only.

52.229-06 TAXES -- FOREIGN FIXED-PRICE CONTRACTS (FEB 2013)

Applies to Firm-Fixed-Price CLIN(s) only.

52.232-01 PAYMENTS (APR 1984)

Applies to Firm-Fixed-Price CLIN(s) only.

52.232-08 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)

Applies to Firm-Fixed-Price CLIN(s) only.

52.232-11 EXTRAS (APR 1984)

Applies to Firm-Fixed-Price CLIN(s) only.

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)

Applies to Cost CLIN(s) only.

52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)

52.232-25 PROMPT PAYMENT (JAN 2017)

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

MANAGEMENT (JUL 2013)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013)

52.233-01 DISPUTES (MAY 2014) - ALTERNATE I (DEC 1991)

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

Applies to Cost CLIN(s) only.

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

52.237-02 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT AND VEGETATION

(APR 1984)

52.237-03 CONTINUITY OF SERVICES (JAN 1991)

52.239-01 PRIVACY OR SECURITY SAFEGUARDS (AUG 1996)

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

Applies to Cost CLIN(s) only.

52.242-03 PENALTIES FOR UNALLOWABLE COSTS (MAY 2014)

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

Applies to Cost CLIN(s) only.

52.242-13 BANKRUPTCY (JUL 1995)

52.243-01 CHANGES -- FIXED-PRICE (AUG 1987)

Applies to Firm-Fixed-Price CLIN(s) only.

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

Applies to Firm-Fixed-Price CLIN(s) only.

52.243-02 CHANGES -- COST-REIMBURSEMENT (AUG 1987)

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'

52.244-06 SUBCONTRACTS FOR COMMERCIAL ITEMS (NOV 2017)

52.245-01 GOVERNMENT PROPERTY (JAN 2017)

52.245-09 USE AND CHARGES (APR 2012)

52.246-25 LIMITATION OF LIABILITY -- SERVICES (FEB 1997)

52.247-63 PREFERENCE FOR U.S.-FLAG AIR CARRIERS (JUN 2003)

52.248-01 VALUE ENGINEERING (OCT 2010)

Para (m). Contract number. 'Contract Number TBD'

52.249-02 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (APR

2012) Applies to Firm-Fixed-Price CLIN(s) only.

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

Applies to Cost CLIN(s) only.

52.249-08 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984)

Applies to Firm-Fixed-Price CLIN(s) only.

52.249-14 EXCUSABLE DELAYS (APR 1984)

Applies to Cost CLIN(s) only.

52.251-01 GOVERNMENT SUPPLY SOURCES (APR 2012)

52.253-01 COMPUTER GENERATED FORMS (JAN 1991)

B. DEFENSE FEDERAL ACQUISITION REGULATION SUPPLEMENT CONTRACT CLAUSES

252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)

252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS

(SEP 2011)

252.203-7001 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)

252.204-7002 PAYMENT FOR SUBLINE ITEMS NOT SEPARATELY PRICED (DEC 1991)

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)

252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION TO LITIGATION

SUPPORT (MAY 2016)

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

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

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

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

252.215-7000 PRICING ADJUSTMENTS (DEC 2012)

252.222-7002 COMPLIANCE WITH LOCAL LABOR LAWS (OVERSEAS) (JUN 1997)

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)

252.223-7008 PROHIBITION OF HEXAVALENT CHROMIUM (JUN 2013)

252.225-7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS (DEC 2017)

252.225-7004 REPORT OF INTENDED PERFORMANCE OUTSIDE THE UNITED STATES AND

CANADA--SUBMISSION AFTER AWARD (OCT 2015)

252.225-7005 IDENTIFICATION OF EXPENDITURES IN THE UNITED STATES (JUN 2005)

252.225-7007 PROHIBITION ON ACQUISITION OF UNITED STATES MUNITIONS LIST ITEMS

FROM COMMUNIST CHINESE MILITARY COMPANIES (SEP 2006)

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

252.225-7021 TRADE AGREEMENTS (DEC 2017)

252.225-7041 CORRESPONDENCE IN ENGLISH (JUN 1997)

252.225-7043 ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS

OUTSIDE THE UNITED STATES (JUN 2015)

Para (d). Information and guidance pertaining to DoD antiterrorism/force protection can be obtained from: 'HQ AFSFC/SFPA; telephone, DSN 945-7035/36 or commercial (210) 925-7035/36.'

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)

252.227-7000 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)

252.227-7015 TECHNICAL DATA--COMMERCIAL ITEMS (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)

252.231-7000 SUPPLEMENTAL COST PRINCIPLES (DEC 1991)

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS

(JUN 2012)

252.232-7008 ASSIGNMENT OF CLAIMS (OVERSEAS) (JUN 1997)

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)

252.233-7001 CHOICE OF LAW (OVERSEAS) (JUN 1997)

252.239-7000 PROTECTION AGAINST COMPROMISING EMANATIONS (JUN 2004)

252.239-7001 INFORMATION ASSURANCE CONTRACTOR TRAINING AND CERTIFICATION (JAN

2008)

252.239-7018 SUPPLY CHAIN RISK (OCT 2015)

252.242-7006 ACCOUNTING SYSTEM ADMINISTRATION (FEB 2012)

Applies to Cost CLIN(s) only.

252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)

Applies to Firm-Fixed-Price CLIN(s) only.

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)

Applies to Firm-Fixed-Price CLIN(s) only.

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' Insert Item(s) 'TBD'

252.246-7001 WARRANTY OF DATA - BASIC (MAR 2014)

252.246-7001 WARRANTY OF DATA - ALTERNATE II (MAR 2014) - ALTERNATE II (MAR 2014)

252.246-7003 NOTIFICATION OF POTENTIAL SAFETY ISSUES (JUN 2013)

252.246-7006 WARRANTY TRACKING OF SERIALIZED ITEMS (MAR 2016)

252.246-7008 SOURCES OF ELECTRONIC PARTS (DEC 2017)

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

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

Para (f), Contractor's address is 'TBD'

Para (f), Government remittance address is 'SMC/PKL, 1050 E Stewart Ave. Bldg 2025, Peterson Air Force Base, CO 80914'

C. AIR FORCE FEDERAL ACQUISITION REGULATION SUPPLEMENT CONTRACT CLAUSES

5352.204-9000 NOTIFICATION OF GOVERNMENT SECURITY ACTIVITY AND VISITOR GROUP

SECURITY AGREEMENTS (OCT 2017)

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

2012)

5352.223-9001 HEALTH AND SAFETY ON GOVERNMENT INSTALLATIONS (NOV 2012)

5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (NOV 2012)

Para (b), Any additional requirements to comply with local security procedures 'local procedures of the installation being accessed.' Para (d). Additional requirements. 'local procedures of the installation being accessed.'

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

A. FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES IN FULL TEXT

52.217-09 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 15 days of the contract expiring; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 7 years.

52.252-02 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/

52.252-06 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter

1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

B. DEFENSE FAR SUPP CONTRACT CLAUSES IN FULL TEXT

252.204-7012 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. 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) 800-171, “Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations,” (available via the Internet at http://dx.doi.org/10.6028/NIST.SP.800-171) in effect at the time the solicitation is issued or as authorized by the Contracting Officer.

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

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

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

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

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

(c) Cyber incident reporting requirement.

(1) When the Contractor discovers a cyber incident that affects a covered contractor information system or the covered defense information residing therein, or that affects the contractor’s ability to perform the requirements of the contract that are designated as operationally critical support and identified in the 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 of the cyber incident, as well as other information systems on the Contractor’s network(s), that may have been accessed as a result of the incident in order to identify compromised covered defense information, or that affect the Contractor’s ability to provide operationally critical support; and

(ii) Rapidly report cyber incidents to DoD at http://dibnet.dod.mil.

(2) Cyber incident report. The cyber incident report shall be treated as information created by or for DoD and shall include, at a minimum, the required elements at http://dibnet.dod.mil.

(3) Medium assurance certificate requirement. In order to report cyber incidents in accordance with this clause, the Contractor or subcontractor shall have or acquire a DoD-approved medium assurance certificate to report cyber incidents. For information on obtaining a DoD-approved medium assurance certificate, see http://iase.disa.mil/pki/eca/Pages/index.aspx.

(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)…