ConWrite__08_-_22_DEC_2016.pdf

SOLICITATION, OFFER AND AWARD

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 350)

RATING

DO-C9

PAGE OF PAGES

1 30

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

SEALED BID (IFB)

NEGOTIATED (RFP)

5. DATE ISSUED

6. REQUISITION/PURCHASE NO.

FA8903-16-R-0034

7. ISSUED BY 772ESS/PKS CODE FA8903 8. ADDRESS OFFER TO (If other than Item 7)

772D ENTERPRISE SOURCING SQUADRON

2261 HUGHES AVE STE 163

JBSA LACKLAND TX 78236-9853

ROBERT G. MARTINEZ 210-395-0533

ROBERT.MARTINEZ.29@US.AF.MIL

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

SOLICITATION

9. 772d ESS CONTRACT CLOSE-OUT, OFFICE OPERATIONS SUPPORT, AND ADMINISTRATIVE SUPPORT SERVICES

10. FOR

INFORMATION

CALL:

A. NAME

NATALIE R. NEEB

B. TELEPHONE (Include area code)

(NO COLLECT CALLS)

2103958715

C. E-MAIL ADDRESS

natalie.neeb@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 15

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

C DESCRIPTION/SPECS./WORK STATEMENT 8 J LIST OF ATTACHMENTS 30

D PACKAGING AND MARKING 9 PART IV - REPRESENTATIONS AND INSTRUCTIONS

E INSPECTION AND ACCEPTANCE 10 K REPRESENTATIONS, CERTIFICATIONS, K - 1

F DELIVERIES OR PERFORMANCE 11 AND OTHER STATEMENTS OF OFFERORS

G CONTRACT ADMINISTRATION DATA 12 L INSTRS, CONDS, AND NOTICES TO OFFERORS L - 1

H SPECIAL CONTRACT REQUIREMENTS 14 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 ____90____ calendar days (60 calendar days unless a different period is inserted by the offeror) from the date of receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

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

10 CALENDAR DAYS

20 CALENDAR DAYS

30 CALENDAR DAYS

CALENDAR DAYS

14. ACKNOWLEDGEMENTS OF AMENDMENTS

(The offeror acknowledges receipt of amend-

AMENDMENT NO. DATE AMENDMENT NO. DATE

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

15A. NAME

AND

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

OFFER (Type or print)

ADDRESS

OF

OFFEROR

15B. TELEPHONE NO. (Include area code)

15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

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

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

TION: 23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

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

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

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

(Signature of Contracting Officer)

28. AWARD DATE

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

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

PREVIOUS EDITION IS UNUSABLE Prescribed by GSA ConWrite Version 6.14.7 FAR (48 CFR) 53.21(c) Created 22 Dec 2016 4:21 PM

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION B FA8903-16-R-0034

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

Contract Close-Out

0001 __________ Noun: CONTRACT CLOSE-OUT (LABOR)

ACRN: U

PSC: R699

Contract type: J - FIRM FIXED PRICE Start Date: 03 MAR 2017 Completion Date: 02 MAR 2018 Item project mgr.: PKS Descriptive Data:

The contractor shall provide necessary efforts described in the Performance Work

Statement entitled "772D ENTERPRISE SOURCING SQUADRON

CONTRACT CLOSE-OUT, OFFICE OPERATIONS SUPPORT, AND

ADMINISTRATIVE SUPPORT SERVICES" dated 09 SEP 2016 attached hereto

Section J. Specific effort and the total labor amount for each order will be defined in individual task orders issued pursuant to FARS 52.216-18, entitled "Ordering" clause. The negotiated Firm Fixed Price (FFP) rates listed in the Fully Burdened

Labor Rate Table, identified and attachment in Section J shall apply.

Office Operations Support

0002 __________ Noun: OFFICE OPERATIONS SUPPORT (LABOR)

ACRN: U

PSC: R699

Contract type: J - FIRM FIXED PRICE Start Date: 03 MAR 2017 Completion Date: 02 MAR 2018 Item project mgr.: PKS Descriptive Data:

The contractor shall provide necessary efforts described in the Performance Work

Statement entitled "772D ENTERPRISE SOURCING SQUADRON

CONTRACT CLOSE-OUT, OFFICE OPERATIONS SUPPORT, AND

ADMINISTRATIVE SUPPORT SERVICES" dated 09 SEP 2016 attached hereto

Section J. Specific effort and the total labor amount for each order will be defined in individual task orders issued pursuant to FARS 52.216-18, entitled "Ordering" clause. The negotiated Firm Fixed Price (FFP) rates listed in the Fully Burdened

Labor Rate Table, identified and attachment in Section J shall apply.

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

Administrative Support

0003 __________ Noun: ADMINISTRATIVE SUPPORT (LABOR)

ACRN: U

PSC: R699

Contract type: J - FIRM FIXED PRICE Start Date: 03 MAR 2017 Completion Date: 02 MAR 2018 Item project mgr.: PKS Descriptive Data:

The contractor shall provide necessary efforts described in the Performance Work

Statement entitled "772D ENTERPRISE SOURCING SQUADRON

CONTRACT CLOSE-OUT, OFFICE OPERATIONS SUPPORT, AND

ADMINISTRATIVE SUPPORT SERVICES" dated 09 SEP 2016 attached hereto

Section J. Specific effort and the total labor amount for each order will be defined in individual task orders issued pursuant to FARS 52.216-18, entitled "Ordering" clause. The negotiated Firm Fixed Price (FFP) rates listed in the Fully Burdened

Labor Rate Table, identified and attachment in Section J shall apply.

DATA

0004 __________ Noun: DATA (NOT SEPARATELY PRICED)

ACRN: U

PSC: R699

DD1423 is Exhibit: A Contract type: J - FIRM FIXED PRICE Start Date: 03 MAR 2017 Completion Date: 02 MAR 2018 Item project mgr.: PKS Descriptive Data:

The contractor shall provide data in accordance with the Contract Data Requirement List (CDRL), DD Form 1423-1, dated 12 DEC 2016, designated as Exhibit A and attached to Section J thereof.

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

OPTION 1 - Contract Close-Out

1001 OPTION CLIN (service) __________

Noun: CONTRACT CLOSE-OUT (LABOR)

PSC: R699

Descriptive Data:

Option 1 -- The contractor shall provide necessary efforts described in the

Performance Work Statement entitled "772D ENTERPRISE SOURCING

SQUADRON CONTRACT CLOSE-OUT, OFFICE OPERATIONS SUPPORT,

AND ADMINISTRATIVE SUPPORT SERVICES" dated 09 SEP 2016 attached hereto Section J. Specific effort and the total labor amount for each order will be defined in individual task orders issued pursuant to FARS 52.216-18, entitled

"Ordering" clause. The negotiated Firm Fixed Price (FFP) rates listed in the Fully

Burdened Labor Rate Table, identified and attachment in Section J shall apply.

Period of Performance: 03 MAR 2018 to 02 MAR 2019

OPTION 1 - Office Operations Support

1002 OPTION CLIN (service) __________

Noun: OFFICE OPERATIONS SUPPORT (LABOR)

PSC: R699

Descriptive Data:

Option 1 -- The contractor shall provide necessary efforts described in the

Performance Work Statement entitled "772D ENTERPRISE SOURCING

SQUADRON CONTRACT CLOSE-OUT, OFFICE OPERATIONS SUPPORT,

AND ADMINISTRATIVE SUPPORT SERVICES" dated 09 SEP 2016 attached hereto Section J. Specific effort and the total labor amount for each order will be defined in individual task orders issued pursuant to FARS 52.216-18, entitled

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

OPTION 1 - Administrative Support

1003 OPTION CLIN (service) __________

Noun: ADMINISTRATIVE SUPPORT (LABOR)

PSC: R699

Descriptive Data:

Option 1 -- The contractor shall provide necessary efforts described in the

Performance Work Statement entitled "772D ENTERPRISE SOURCING

SQUADRON CONTRACT CLOSE-OUT, OFFICE OPERATIONS SUPPORT,

AND ADMINISTRATIVE SUPPORT SERVICES" dated 09 SEP 2016 attached hereto Section J. Specific effort and the total labor amount for each order will be defined in individual task orders issued pursuant to FARS 52.216-18, entitled

DATA

1004 OPTION CLIN (service) __________

Noun: DATA (NOT SEPARATELY PRICED)

PSC: R699

DD1423 is Exhibit: A Descriptive Data:

Option 1 -- The contractor shall provide data in accordance with the Contract Data Requirement List (CDRL), DD Form 1423-1, dated 12 DEC 2016, designated as Exhibit A and attached to Section J thereof.

OPTION 2 - Contract Close-Out

2001 OPTION CLIN (service) __________

Noun: CONTRACT CLOSE-OUT (LABOR)

PSC: R699

Descriptive Data:

Option 2 - The contractor shall provide necessary efforts described in the

Performance Work Statement entitled "772D ENTERPRISE SOURCING

SQUADRON CONTRACT CLOSE-OUT, OFFICE OPERATIONS SUPPORT,

AND ADMINISTRATIVE SUPPORT SERVICES" dated 09 SEP 2016 attached hereto Section J. Specific effort and the total labor amount for each order will be defined in individual task orders issued pursuant to FARS 52.216-18, entitled

Period of Performance: 03 MAR 2019 to 02 MAR 2020

Qty Unit Price

ITEM SUPPLIES OR SERVICES Purch Unit Total Item Amount

OPTION 2 - Office Operations Support

2002 OPTION CLIN (service) __________

Noun: OFFICE OPERATIONS SUPPORT (LABOR)

PSC: R699

Descriptive Data:

Option 2 -- The contractor shall provide necessary efforts described in the

Performance Work Statement entitled "772D ENTERPRISE SOURCING

SQUADRON CONTRACT CLOSE-OUT, OFFICE OPERATIONS SUPPORT,

AND ADMINISTRATIVE SUPPORT SERVICES" dated 09 SEP 2016 attached hereto Section J. Specific effort and the total labor amount for each order will be defined in individual task orders issued pursuant to FARS 52.216-18, entitled

OPTION 2 - Administrative Support

2003 OPTION CLIN (service) __________

Noun: ADMINISTRATIVE SUPPORT (LABOR)

PSC: R699

Descriptive Data:

Option 2 -- The contractor shall provide necessary efforts described in the

Performance Work Statement entitled "772D ENTERPRISE SOURCING

SQUADRON CONTRACT CLOSE-OUT, OFFICE OPERATIONS SUPPORT,

AND ADMINISTRATIVE SUPPORT SERVICES" dated 09 SEP 2016 attached hereto Section J. Specific effort and the total labor amount for each order will be defined in individual task orders issued pursuant to FARS 52.216-18, entitled

DATA

2004 OPTION CLIN (service) __________

Noun: DATA (NOT SEPARATELY PRICED)

PSC: R699

DD1423 is Exhibit: A Descriptive Data:

Option 2 -- The contractor shall provide data in accordance with the Contract Data Requirement List (CDRL), DD Form 1423-1, dated 12 DEC 2016, designated as Exhibit A and attached to Section J thereof.

SOLICITATION.

Request for Proposal FA8903-16-R-0034, 772D ENTERPRISE SOURCING SQUADRON CONTRACT CLOSE-OUT, OFFICE OPERATIONS SUPPORT, AND ADMINISTRATIVE SUPPORT SERVICES at Joint Base San Antonio (JBSA) Lackland, Texas is set-aside as an 8(a) competitive solicitation.

Ordering Procedures This is a firm fixed price (FFP) single award Indefinite Delivery/Indefinite Quantity (ID/IQ) Basic Contract.

Task orders will be issued by a Procuring Contracting Officer in accordance with the ordering clause of this contract. Orders may be issued from date of award through 36 consecutive months thereafter. The contractor's fully burdened labor rates (per month) submitted in the solicitation will be used for task order pricing. The Contracting Officer will provide the Contractor a request for a certain number of full time equivalents (FTE) at the task order level. The Contractor shall then submit resumes for the requested labor categories in accordance with the PWS. Upon receipt of the resumes, the Contracting Officer will review for technical acceptability. Resumes must be technically acceptable prior to issuance of a task order. In the event the resume is found technically unacceptable the Contractor will be required to submit a new resume for the requested labor category. The Contractor is not authorized to commence performance prior to issuance of the task order by the Procuring Contracting Officer. Task Order will be a bilateral agreement.

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

FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES

SECTION C - DESCRIPTION/SPECS./WORK STATEMENT

SECTION C FA8903-16-R-0034

NO CLAUSES OR PROVISIONS IN THIS SECTION

SECTION D - PACKAGING AND MARKING

SECTION D FA8903-16-R-0034

SECTION E - INSPECTION AND ACCEPTANCE

SECTION E FA8903-16-R-0034

SECTION F - DELIVERIES OR PERFORMANCE

SECTION F FA8903-16-R-0034

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)

SECTION G - CONTRACT ADMINISTRATION DATA

SECTION G FA8903-16-R-0034

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

A. DEFENSE FAR SUPP CONTRACT CLAUSES IN FULL TEXT

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

(a) Definitions. As used in this clause-

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and

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

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web- Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

N/A.

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.

N/A

SECTION G - CONTRACT ADMINISTRATION DATA

SECTION G FA8903-16-R-0034

(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 F2MUAA Issue By DoDAAC FA8903 Admin DoDAAC FA8903 Inspect By DoDAAC F2MUAA Ship To Code F2MUAA Ship From Code N/A Mark For Code N/A Service Approver (DoDAAC) F2MUAA Service Acceptor (DoDAAC) F2MUAA Accept at Other DoDAAC N/A 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.

Contracting Officer of record, Mrs. Natalie R. Neeb.

(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.

772 ESS/PKS

Attn: Mrs. Natalie R. Neeb 2261 Hughes Ave, Ste 163 JBSA Lackland, TX 78263-9853

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

B. OTHER CONTRACT CLAUSES IN FULL TEXT

252.204-0001 LINE ITEM SPECIFIC: SINGLE FUNDING (SEP 2009)

The payment office shall make payment using the ACRN funding of the line item being billed.

252.204-0002 LINE ITEM SPECIFIC: SEQUENTIAL ACRN ORDER (SEP 2009)

The payment office shall make payment in sequential ACRN order within the line item, exhausting all funds in the previous ACRN before paying from the next ACRN using the following sequential order:

Alpha/Alpha; Alpha/numeric; numeric/alpha; and numeric/numeric.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

SECTION H FA8903-16-R-0034

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

SECTION I FA8903-16-R-0034

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.x.500; Issued: 12/2/2016; FAR: FAC 2005-91; DFAR: DPN20161104; DL.: DL 98-021;

Class Deviations: CD 2017-O0001; AFFAR: 2002 Edition; AFAC: AFAC 2016-0603; 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)

52.203-05 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)

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

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO

INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)

52.204-01 APPROVAL OF CONTRACT (DEC 1989)

Title of designated agency official here '772 ESS/PKS'

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 2015)

52.204-12 DATA UNIVERSAL NUMBERING SYSTEM NUMBER MAINTENANCE (DEC 2012)

52.204-15 SERVICE CONTRACT REPORTING REQUIREMENTS FOR INDEFINITE-DELIVERY

CONTRACTS (JAN 2014)

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

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS

(DEC 2014)

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS

(JUN 2016)

52.207-03 RIGHT OF FIRST REFUSAL OF EMPLOYMENT (MAY 2006)

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)

52.212-04 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (MAY 2015)

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

52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER

THAN CERTIFIED COST OR PRICING DATA--MODIFICATIONS (OCT 2010)

52.216-18 ORDERING (OCT 1995)

Para (a), Issued from date is 'date of award' Para (a), Issued through date is '36 consecutive months thereafter'

52.216-19 ORDER LIMITATIONS (OCT 1995)

Para (a). Insert Dollar amount or quantity. '$500.00' Para (b)(1). Insert dollar amount or quantity '$9,000,000.00' Para (b)(2). Insert dollar amount or quantity. '$9,000,000.00' Para (b)(3). Insert number of days. '1' Para (d). Insert number of days. '5'

52.216-22 INDEFINITE QUANTITY (OCT 1995)

Para (d), Date is '03 MAR 2021'

52.217-08 OPTION TO EXTEND SERVICES (NOV 1999)

Period of time. 'one (1) day'

52.219-14 LIMITATIONS ON SUBCONTRACTING (NOV 2011)

52.219-17 SECTION 8(A) AWARD (DEC 1996)

Para (a)(2), Contracting Activity is '772 ESS/PK' Para (a)(4), Contracting Agency is '772 ESS/PK' Para (c), Contracting Agency is '772 ESS/PK'

52.219-18 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(A) CONCERNS (JUN

2003) Para (d)(2), Name of SBA's contractor is 'SBA Contractor (TBD)' Contracting agency is '772 ESS/PK'

52.222-01 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)

52.222-03 CONVICT LABOR (JUN 2003)

52.222-17 NONDISPLACEMENT OF QUALIFIED WORKERS (MAY 2014)

52.222-21 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)

52.222-41 SERVICE CONTRACT LABOR STANDARDS (MAY 2014)

52.222-50 COMBATING TRAFFICKING IN PERSONS (MAR 2015)

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (OCT 2015)

52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (DEC 2015)

52.222-56 CERTIFICATION REGARDING TRAFFICKING IN PERSONS COMPLIANCE PLAN

(MAR 2015)

52.222-99 ESTABLISHING A MINIMUM WAGE FOR CONTRACTORS (DEVIATION) (JUN 2014)

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

52.223-06 DRUG-FREE WORKPLACE (MAY 2001)

52.223-11 OZONE-DEPLETING SUBSTANCES AND HIGH GLOBAL WARMING POTENTIAL

HYDROFLUOROCARBONS (JUN 2016)

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE

DRIVING (AUG 2011)

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

52.223-20 AEROSOLS (JUN 2016)

52.223-21 FOAMS (JUN 2016)

52.225-01 BUY AMERICAN - SUPPLIES (MAY 2014)

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

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

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

52.229-04 FEDERAL, STATE, AND LOCAL TAXES (STATE AND LOCAL ADJUSTMENTS) (FEB

2013)

52.230-02 COST ACCOUNTING STANDARDS (OCT 2015)

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

2015)

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

52.232-01 PAYMENTS (APR 1984)

52.232-08 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)

52.232-11 EXTRAS (APR 1984)

52.232-17 INTEREST (MAY 2014)

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)

52.232-24 PROHIBITION OF ASSIGNMENT OF CLAIMS (MAY 2014)

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

MANAGEMENT (JUL 2013)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

52.233-01 DISPUTES (MAY 2014)

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

52.233-03 PROTEST AFTER AWARD (AUG 1996)

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

52.237-02 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT AND VEGETATION

(APR 1984)

52.242-13 BANKRUPTCY (JUL 1995)

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

52.244-06 SUBCONTRACTS FOR COMMERCIAL ITEMS (SEP 2016)

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

2012)

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

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 2015)

Para (b)(2). C.O. enters contact information. 'TBA'

252.204-7000 DISCLOSURE OF INFORMATION (AUG 2013)

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

252.204-7006 BILLING INSTRUCTIONS (OCT 2005)

252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION

CONTROLS (DEC 2015)

252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION TO LITIGATION

SUPPORT (MAY 2016)

252.222-7007 REPRESENTATION REGARDING COMBATING TRAFFICKING IN PERSONS (JAN

2015)

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

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)

252.239-7001 INFORMATION ASSURANCE CONTRACTOR TRAINING AND CERTIFICATION (JAN

2008)

252.239-7007 CANCELLATION OR TERMINATION OF ORDERS (NOV 2005)

252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)

252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUN 2013)

252.245-7002 REPORTING LOSS OF GOVERNMENT PROPERTY (APR 2012)

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

252.246-7004 SAFETY OF FACILITIES, INFRASTRUCTURE, AND EQUIPMENT FOR MILITARY

OPERATIONS (OCT 2010)

252.247-7004 INDEFINITE QUANTITIES--FIXED CHARGES (DEC 1991)

252.247-7006 REMOVAL OF CONTRACTOR'S EMPLOYEES (DEC 1991)

252.247-7007 LIABILITY AND INSURANCE (DEC 1991)

C. AIR FORCE FEDERAL ACQUISITION REGULATION SUPPLEMENT CONTRACT CLAUSES

5352.201-9101 OMBUDSMAN (JUN 2016)

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

'Air Force Installation Contracting Agency (AFICA)/KP Director 1940 Allbrook Drive, Building 1 Wright-Patterson AFB OH 45433 Phone: (937) 257-5529'

5352.209-9000 ORGANIZATIONAL CONFLICT OF INTEREST (OCT 2010)

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 'any additional requirements to comply with local security procedures' Para (d). Additional requirements. 'F.E. Warren security requirements in the PWS,'

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

(NOV 2012)

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

A. FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES IN FULL TEXT

52.212-05 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (NOV 2016)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

52.217-09 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (TAILORED)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days (insert in the clause the period of time in which the Contracting Officer has to exercise the option); provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days (days) days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 36 months (months, years).

52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A

WAGE DETERMINATION

Employee Class Monetary Wage - Fringe Benefits Contract Close-Out equivalent to a GS- 05 Office Operations Support equivalent to a GS- 09 Administrative Support equivalent to a GS-09

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

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

REPORTED CYBER INCIDENT INFORMATION (DEC 2015)

(a) Definitions. As used in this clause— “Compromise” means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred.

“Controlled technical information” means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.

“Covered defense information” means unclassified information that—

(1) Is—

(i) Provided to the contractor by or on behalf of DoD in connection with the performance of the contract; or

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

(2) Falls in any of the following categories:

(i) Controlled technical information.

(ii) Critical information (operations security). Specific facts identified through the Operations Security process about friendly intentions, capabilities, and activities vitally needed by adversaries for them to plan and act effectively so as to guarantee failure or unacceptable consequences for friendly mission accomplishment (part of Operations Security process).

(iii) Export control. Unclassified information concerning certain items, commodities, technology, software, or other information whose export could reasonably be expected to adversely affect the United States national security and nonproliferation objectives. To include dual use items; items identified in export administration regulations, international traffic in arms regulations and munitions list; license applications; and sensitive nuclear technology information.

(iv) Any other information, marked or otherwise identified in the contract, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies (e.g., privacy, proprietary business information).

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

(b) Restrictions. The Contractor agrees that the following conditions apply to any information it receives or creates in the performance of this contract that is information obtained from a third-party’s reporting of a cyber incident pursuant to DFARS clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting (or derived from such information obtained under that clause):

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

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

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

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

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

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

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

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

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT

REPORTING (DEC 2015)

(a) Definitions. As used in this clause—

“Adequate security” means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information.

“Compromise” means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred.

“Contractor attributional/proprietary information” means information that identifies the contractor(s), whether directly or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description, facility locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company.

“Contractor information system” means an information system belonging to, or operated by or for, the Contractor.

“Controlled technical information” means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.

“Covered contractor information system” means an information system that is owned, or operated by or for, a contractor and that processes, stores, or transmits covered defense information.

“Covered defense information” means unclassified information that—

(i) Is—

(A) Provided to the contractor by or on behalf of DoD in connection with the performance of the contract; or

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

(ii) Falls in any of the following categories:

(A) Controlled technical information.

(B) Critical information (operations security). Specific facts identified through the Operations Security process about friendly intentions, capabilities, and activities vitally needed by adversaries for them to plan and act effectively so as to guarantee failure or unacceptable consequences for friendly mission accomplishment (part of Operations Security process).

(C) Export control. Unclassified information concerning certain items, commodities, technology, software, or other information whose export could reasonably be expected to adversely affect the United States national security and nonproliferation objectives. To include dual use items; items identified in export administration regulations, international traffic in arms regulations and munitions list; license applications; and sensitive nuclear technology information.

(D) Any other information, marked or otherwise identified in the contract, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies (e.g., privacy, proprietary business information).

“Cyber incident” means actions taken through the use of computer networks that result in 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.

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

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

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

“Rapid(ly) report(ing)” means within 72 hours of discovery of any cyber incident.

“Technical information” means technical data or computer software, as those terms are defined in the clause at DFARS 252.227-7013, Rights in Technical Data-Non Commercial Items, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code.

(b) Adequate security. The Contractor shall provide adequate security for all covered defense information on all covered contractor information systems that support the performance of work under this contract. To provide adequate security, the Contractor shall—

(1) Implement information systems security protections on all covered contractor information systems including, at a minimum—

(i) For covered contractor information systems that are part of an Information Technology (IT) service or system operated on behalf of the Government—

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

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

(ii) For covered contractor information systems that are not part of an IT service of system operated on behalf of the Government and therefore are not subject to the security requirement specified at paragraph (b)(1)(i) of this clause—

(A) The security requirements in National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, “Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations,” http://dx.doi.org/10.6028/NIST.SP.800-171 that is in effect at the time the solicitation is issued or as authorized by the Contracting Officer, as soon as practical, but not later than December 31, 2017. The Contractor shall notify the DoD 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; or

(B) Alternative but equally effective security measures used to compensate for the inability to satisfy a particular requirement and achieve equivalent protection accepted in writing by an authorized representative of the DoD CIO; and

(2) Apply other information systems security measures when the Contractor reasonably determines that information systems security measures, in addition to those identified in paragraph (b)(1) of this clause, may be required to provide adequate security in a dynamic environment based on an assessed risk or vulnerability.

(c) Cyber incident reporting requirement.

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

(i) Conduct a review for evidence of compromise of covered defense information, including, but not limited to, identifying compromised computers, servers, specific data, and user accounts. This review shall also include analyzing covered contractor information system(s) that were part of the cyber incident, as well as other information systems on the Contractor’s network(s), that may have been accessed as a result of the incident in order to identify compromised covered defense information, or that affect the Contractor’s ability to provide operationally critical support; and

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

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

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

(d) Malicious software. The Contractor or subcontractors that discover and isolate malicious software in connection with a reported cyber incident shall submit the malicious software in accordance with instructions provided by 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

(5) To a support services contractor (“recipient”) that is directly supporting Government 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, subject to all applicable statutory, regulatory, and policy based restrictions on the Government’s use and release of such information.

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

(l) Other safeguarding or reporting requirements. The safeguarding and cyber incident reporting required by this clause in no way abrogates the Contractor’s responsibility for other safeguarding or cyber incident reporting pertaining to its unclassified information systems as required by other applicable clauses of this contract, or as a result of other applicable U.S. Government statutory or regulatory requirements.

(m) 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 a covered contractor information system, including subcontracts for commercial items, without alteration, except to identify the parties; and

(2) When this clause is included in a subcontract, require subcontractors to rapidly report cyber incidents directly to DoD at <http://dibnet.dod.mil> and the prime Contractor. This includes providing the incident report number, automatically assigned by DoD, to the prime Contractor (or next higher-tier subcontractor) as soon as practicable.

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT

REPORTING (DEVIATION 2016-O0001) (OCT 2015)

(a) Definitions. As used in this clause—

“Adequate security” means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information.

“Compromise” means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred.

“Contractor attributional/proprietary information” means information that identifies the contractor(s),…