FA9101-16-R-0100.pdf

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

FA9101-16-R-0100

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED

2 FEB 2016

PAGE OF PAGES

IMPORTANT - The “offer” section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

5. REQUESTION/PURCHASE REQUEST NO.

SEE SCHEDULE

6. PROJECT NO.

7. ISSUED BY AFTC/PZZ

(ARNOLD)

CODE FA9101 8. ADDRESS OFFER TO

AFTC/PZI (ARNOLD)

100 KINDEL DRIVE, SUITE A-332

ARNOLD AFB, TN 37389-1332

kathy.swanson@us.af.mil

SEE BLOCK 7

DO: DO-C2 NAICS: 236220

9. FOR INFORMATION

CALL:

A. NAME

KATHY P. SWANSON

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

(931) 454-6336 X

SOLICITATION

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

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no, date):

The Facilities Acquisitions for Restoration and Modernization (FARM) effort is a multiple award, competitive indefinite delivery, indefinite quantity (IDIQ) acquisition for mechanical, electrical, and controls for construction and / or design-build projects for military ground testing facilities. These projects include plant and infrastructure sustainment, restoration, and modernization to support the research, development, test and evaluation (RDT&E) mission at Arnold Engineering Development Complex (AEDC), Arnold AFB TN and the associated geographically separated units (GSUs) at White Oak, MD, and Moffett Field, CA.

11. The Contractor shall begin performance within _ __ calendar days and complete it within __ __ calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See _Task Orders_.)

12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If “YES”, indicate within how many calendar days after award in Item 12B.)

YES NO

12B. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

Based on the extensive nature of this acquisition requirement in which facility access and disclosure of sensitive export controlled information would be necessary to fully execute the requirements of the plan, foreign competitors are not permissible in the interest of national security.

NSN 7540-01-155-3212

ConWrite Version 6.14.7 Created 20 Jan 2016 6:20 PM

1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSA

FAR (48 CFR) 53.236-1(e)

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14)

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within __240__ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGEMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation – give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

20B. SIGNATURE 20C. OFFER DATE

AWARD (To be completed by Government)

21. ITEMS ACCEPTED

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

See Section G

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

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

26. ADMINISTERED BY

CODE 27. PAYMENT WILL BE MADE BY

EFT:T

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____2___ copies to issuing office.)

Contractor agrees to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for the consideration slated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award,

(b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by reference in or attached to this contract.

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation, is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN

(Type or print)

31A. NAME OF CONTRACTING OFFICER (Type or print)

30B. SIGNATURE 30C. DATE 31B. UNITED STATES OF AMERICA

BY

31C. AWARD DATE

STANDARD FORM 1442 PAGE 2 (REV. 4-85)

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION B FA9101-16-R-0100

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

0001 __________ Noun: FARM EFFORT

PSC: Y1QA

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

The Contractor shall provide all labor, materials, equipment, transportation, supervision, quality control, and other items as necessary to perform the effort detailed within each individual task order for design-build and / or construction work in accordance with Attachment 1, Statement of Work for Facilities Acquisitions for Restoration and Modernization (Mechanical, Electrical, and Controls Multiple Award Indefinite Delivery, Indefinite Quantity [IDIQ]).

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION B FA9101-16-R-0100

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

OTHER CONTRACT CLAUSES IN FULL TEXT

B039 INDEFINITE QUANTITY (DEC 2005)

This is an Indefinite Quantity contract as contemplated by FAR 16.504. The total scope of the technical tasks for which orders may be issued is set forth in paragraph 1.2 of the attached Statement of Work for Facilities Acquisitions for Restoration and Modernization (Mechanical, Electrical, and Controls Multiple Award IDIQ). The maximum dollar amount the Government may order under this contract is $400,000,000.00; the minimum amount is $250,000.00.

SECTION C - DESCRIPTION/SPECS./WORK STATEMENT

SECTION C FA9101-16-R-0100

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

C004 INCORPORATED DOCUMENTS/REQUIREMENTS - ALTERNATE (FEB 2006)

The following documents, as they may be amended below, are a part of this contract:

Attachment 1, Statement of Work for Facilities Acquisitions for Restoration and Modernization (Mechanical, Electrical, and Controls Multiple Award IDIQ).

SECTION D - PACKAGING AND MARKING

SECTION D FA9101-16-R-0100

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

D001 PRESERVATION, PACKAGING, PACKING AND MARKING REQUIREMENTS (FEB 1997)

Preservation, packaging, packing and marking shall be set forth in the individual order.

SECTION E - INSPECTION AND ACCEPTANCE

SECTION E FA9101-16-R-0100

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

FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES

52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

SECTION F - DELIVERIES OR PERFORMANCE

SECTION F FA9101-16-R-0100

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

FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES

52.211-12 LIQUIDATED DAMAGES -- CONSTRUCTION (SEP 2000)

Para (a), Amount of liquidated damages. 'DETERMINED PER INDIVIDUAL TASK

ORDER'

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

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

F002 PERIOD OF PERFORMANCE (FEB 1997) (TAILORED)

Period of performance under this contract shall be five years from date of award.

SECTION G - CONTRACT ADMINISTRATION DATA

SECTION G FA9101-16-R-0100

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).

Construction.

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 FA9101-16-R-0100

(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 FA9101 Admin DoDAAC FA9101 Inspect By DoDAAC DETERMINED BY INDIVIDUAL TASK ORDER Ship To Code N/A Ship From Code N/A Mark For Code N/A Service Approver (DoDAAC) N/A Service Acceptor (DoDAAC) FA9101 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.

TBD

(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.

TBD

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

SECTION H - SPECIAL CONTRACT REQUIREMENTS

SECTION H FA9101-16-R-0100

AEDC-H001 SECURITY RULES AND REGULATIONS (JAN 2016)

a. SECURITY: The Contractor shall be required to comply with all security d irectives and other security requirements identified in this contract.

(1) Pass and Identification Items: The Contractor shall ensure the pass and identification items that may be required for contract performance (e.g., Common Access Card (CAC), proximity badge) are obtained for employees by following established procedures at each operating location. The Contractor shall retrieve all identification media from employees who depart for any reason before the contract expires, e.g., terminated for cause, retirement, etc.

The Contractor shall comply with all installation access requirements as directed in AAFB 31-101, Integrated Defense Plan. The AEDC/CC reserves the right to refuse entry and / or re-entry of any person to AEDC for just cause to protect personnel, facilities, and property under their control through the use of a barment order when such actions are deemed necessary.

b. For Official Use Only (FOUO): The Contractor shall comply with Freedom of Information Act (FOIA) requirements IAW DOD 5400.7-R, FOIA Program, Chapter 4. This regulation sets policy and procedures for the disclosure of records to the public and for marking, handling, transmitting, and safeguarding FOUO material.

(1) The Contractor shall safeguard FOUO information provided under this contract as specified in DODM 5200.01-V4, DoD Information Security Program: C ontrolled Unclassified Information (CUI). CUI is information that does not meet the standards for National Security Classification under Executive Order 13526, dtd Dec 2009, but is pertinent to the national interests of the United States or to the important interests of entities of the Federal Government, and (ii) under law or policy that requires protection from unauthorized disclosure, special handling safeguards, or prescribed limits on exchange or dissemination. If FOUO is lost, misused, compromised, or accessed by unauthorized persons, it could adversely affect U.S. national interest, the conduct of DoD programs, or the privacy of DoD personnel. C U I comes in many forms: personal data under the Privacy Act, personnel records, privileged data (chaplain and judge advocate records), investigative data, scientific and technical information (STINFO), export controlled data (critical technologies), proprietary data, or FOUO data. Sensitive information meets the criteria for exemption from mandatory public disclosure under FOIA. For guidance with marking CUI, contact AEDC/TSD- IP at (931) 454-3290.

(2) If access to CUI / Export Control / STINFO information is required, the Contractor shall be required to be registered as a certified Government contractor through the Joint Certification Office, Defense Logistics Information Service (DLIS). To request DLIS Certification submit a DD Form 2345, Militarily Critical Technical Data Agreement, to the DLIS, Battle Creek, MI address indicated at the top of the DD Form 2345 along with a copy of the company's s tate business license, incorporation certificate, sales tax identification form, or other documentation, which verifies the legitimacy of the company. A copy of their D D 2345, Militarily Critical Technical Data Agreement, must be provided when issued. Except as allowed by DFARS 252.225-7048, Export-Controlled Items, foreign nationals shall not have access to export-controlled information without an export license. All export control laws as stipu lated i n both Export Administration Regulation and International Traffic in Arms Regulation must be followed without exception. For guidance in applying appropriate e xport control markings, contact AEDC/XP2 at (931) 454- 7329.

(3) The Contractor must obtain Foreign Disclosure Office (FDO) approval through the

CO prior to allowing any non-U.S. or un-validated U.S. Lawful Permanent Resident persons access to CUI or export-controlled information. (Also, see DFARS 252.225.7048, Export-Controlled Items).

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

SECTION I FA9101-16-R-0100

c. Reporting Requirements: Contractor personnel shall report to an appropriate authority any information or circumstances of which they are aware may pose a threat to the security of DoD personnel, contractor personnel, resources, and classified or unclassified defense information.

Contractor employees shall be briefed by their immediate supervisor upon initial on-base assignment.

d. Physical Security: The Contractor shall be responsible for safeguarding all Government property and controlled forms provided for contractor use. At the end of each work period, all Government facilities, equipment, and materials shall be secured.

e. Computer Security (COMPUSEC) / Automated Information System Requirements: If access to unclassified computer systems is required, the following requirements apply: Users must be a U.S. Citizen, or receive AEDC or Air Force Materiel Command (AFMC) Foreign Disclosure Office (FDO) approval prior to access being granted; requestor must have a favorable National Agency Check with Inquiries (NACI) clearance or an approved Interim Automated Information Systems (AIS) request on file; requestor must complete the Air Force (AF) Information Assurance (IA) Training. To request access to an unclassified computer system, users must complete a DD Form 2875, System Authorization Access Request (SAAR). Users bringing portable electronic devices (PEDs) on base and wanting to connect to AEDC computer systems / networks shall comply with AFPD 33-2, Informational Assurance Program, and AFI 33-200, Information Assurance (IA) Management. Employees shall complete any additional computer security training requirements mandated by the host base.

f. Information Security (INFOSEC): Information, regardless of media, shall be controlled and maintained in accordance with (IAW) with the National Industrial Security Program Operating Manual (NISPOM) and guidance provided by the Servicing Security Activity (SSA), AEDC/TSD-IP.

g. Privacy Act: Comply with AFI 33-332, Privacy Act Program, when collecting and maintaining information protected by the Privacy Act of 1974, Title 5, U.S.C., Section 552a. Remove or destroy official records only IAW Air Force Records Information Management System, (AFRIMS) located on the internet at: https://www.my.af.mil/afrims/afrims/afrims/rims.cfm

h. Operations Security (OPSEC): Comply with AFPD 10-7, Information Operations; AFI 10-701, Operations Security; and DoD 5220.22-R, Industrial Security Regulation (ISR), Chapter 10; and local plans and publications.

i. Antiterrorism (AT) Training: DoD contractors shall be provided AT information as required by DFARS Clause 252.225-7043, Antiterrorism, Force Protection for Defense Contractors Outside the United States. Level 1 AT Awareness Training will be available to all DoD contractor employees.

(1) All contractors will have at least one antiterrorism representative assigned in writing and properly trained to assist in training requirements, random antiterrorism measures and protection of personnel.

j. Contractor Consent to Background Checks: The Contractor shall not employ persons to perform under this contract if such employee is deemed or identified as a potential threat to the health, safety, security, general well-being, or operational mission of the installation and its population; nor shall the Contractor or subcontractor employ persons under this contract who have an outstanding criminal warrant as identified by an approved government database such as the National Crime Information Center (NCIC). Background checks will validate that a person is not wanted by local, state, or federal agencies. All Contractor and subcontractor personnel must consent to background checks. Contractor and subcontractor personnel who do not consent to a background check will be denied access to the installation. Information required to conduct a background check includes: full name, driver's license number, and / or social security number, date of birth of the person entering the installation, and completion of a background check questionnaire. If requested the Contractor must have this information ready to provide to the Visitor Control Center.

(1) Contractors must ensure their employees and those of their subcontracts have the proper credentials allowing them to work in the United States. Persons later found to be undocumented or illegal aliens will be remanded to the proper authorities.

(2) The Contractor shall not be entitled to any compensation for delays or expenses associated with complying with the provisions of this requirement. Furthermore, nothing in this requirement shall excuse the Contractor from proceeding with the contract as required.

k. Access to Installation During Force Protection Conditions (FPCONs): Gaining access to the installation during FPCONs will be done IAW the requirements outlined in the local Antiterrorism / Integrated Defense Plan(s). Contractors will also be assigned a mission essential designation IAW requirements contained in Antiterrorism / Integrated Defense Plan(s). Only the installation commander or the unit commander requesting contract support will assign the mission essential designation.

l. Property Protection: Property protection for the facility where the Contractor’s primary work center is located will be the responsibility of the local facility manager and local Security Manager, or their duly authorized representative IAW AFI 31-101, Integrated Defense, and command / local d irectives to include Arnold Air Force Base (AAFB) Plan 31-101. The Contractor must safeguard all Government-owned equipment and materials in their possession or use.

Contract Clauses in this section are from the FAR, Defense FAR Sup, Air Force FAR Sup, and the Air Force

Materiel Command FAR Sup, and are current through the following updates:

Database_Version: 6.14.x.3500; Issued: 11/18/2015; FAR: FAC 2005-84; DFAR: DPN 20150930; DL.: DL 98-

021; Class Deviations: CD 2016-O0003; AFFAR: 2002 Edition; AFAC: AFAC 2015 C-02;

IPN: 98-009

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

A. FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES

52.202-01 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)

52.204-04 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)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS

(DEC 2014)

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

(DEC 2014)

52.210-01 MARKET RESEARCH (APR 2011)

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

(a) Number of calendar days is 'DETERMINED PER INDIVIDUAL TASK ORDER'

(c) Number of days or calendar date is 'DETERMINED PER INDIVIDUAL TASK ORDER'

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

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

52.216-18 ORDERING (OCT 1995)

Para (a), Issued from date is 'date of contract award' Para (a), Issued through date is 'date of contract expiration'

52.216-19 ORDER LIMITATIONS (OCT 1995)

Para (a). Insert Dollar amount or quantity. '$250,000.00' Para (b)(1). Insert dollar amount or quantity '$15,000,000.00' Para (b)(2). Insert dollar amount or quantity. '$15,000,000.00' Para (b)(3). Insert number of days. '30 Calendar'

Para (d). Insert number of days. '3 Calendar'

52.216-22 INDEFINITE QUANTITY (OCT 1995)

Para (d), Date is 'TBD'

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

CONCERNS (OCT 2014)

52.219-08 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2014)

52.219-09 SMALL BUSINESS SUBCONTRACTING PLAN (OCT 2014) - ALTERNATE II (OCT

2001)

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

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

52.222-03 CONVICT LABOR (JUN 2003)

52.222-04 CONTRACT WORK HOURS AND SAFETY STANDARDS - OVERTIME

COMPENSATION (MAY 2014)

52.222-06 CONSTRUCTION WAGE RATE REQUIREMENTS (MAY 2014)

52.222-07 WITHHOLDING OF FUNDS (MAY 2014)

52.222-08 PAYROLLS AND BASIC RECORDS (MAY 2014)

52.222-09 APPRENTICES AND TRAINEES (JUL 2005)

52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988)

52.222-11 SUBCONTRACTS (LABOR STANDARDS) (MAY 2014)

52.222-12 CONTRACT TERMINATION -- DEBARMENT (MAY 2014)

52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS AND

RELATED REGULATIONS (MAY 2014)

52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)

52.222-15 CERTIFICATION OF ELIGIBILITY (MAY 2014)

52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)

52.222-26 EQUAL OPPORTUNITY (APR 2015)

52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION (APR

2015)

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)

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

52.222-37 EMPLOYMENT REPORTS ON VETERANS (OCT 2015)

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

ACT (DEC 2010)

52.222-50 COMBATING TRAFFICKING IN PERSONS (MAR 2015)

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (OCT 2015)

52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (DEC 2014)

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

52.223-02 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND

CONSTRUCTION CONTRACTS (SEP 2013)

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

52.223-06 DRUG-FREE WORKPLACE (MAY 2001)

52.223-09 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-

DESIGNATED ITEMS (MAY 2008) - ALTERNATE I (MAY 2008)

para (b)(2), Agency Procedures 'N/A'

52.223-11 OZONE-DEPLETING SUBSTANCES (MAY 2001)

52.223-12 REFRIGERATION EQUIPMENT AND AIR CONDITIONERS (MAY 1995)

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

52.223-15 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (DEC 2007)

52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND

CONSTRUCTION CONTRACTS (MAY 2008)

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE

DRIVING (AUG 2011)

52.225-11 BUY AMERICAN - CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS

(MAY 2014)

Para (b)(3). Insert excepted material or "none". 'N/A'

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

52.227-01 AUTHORIZATION AND CONSENT (DEC 2007)

52.227-02 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT

INFRINGEMENT (DEC 2007)

52.227-04 PATENT INDEMNITY -- CONSTRUCTION CONTRACTS (DEC 2007)

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

52.228-02 ADDITIONAL BOND SECURITY (OCT 1997)

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

52.228-11 PLEDGES OF ASSETS (JAN 2012)

52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS (MAY 2014)

52.228-14 IRREVOCABLE LETTER OF CREDIT (NOV 2014)

52.228-15 PERFORMANCE AND PAYMENT BONDS - CONSTRUCTION (OCT 2010)

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

52.232-05 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (MAY 2014)

52.232-16 PROGRESS PAYMENTS (APR 2012)

52.232-17 INTEREST (MAY 2014)

52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)

52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (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)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013)

52.233-01 DISPUTES (MAY 2014)

52.233-03 PROTEST AFTER AWARD (AUG 1996)

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

52.236-01 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

Percent is '15 %'

52.236-02 DIFFERING SITE CONDITIONS (APR 1984)

52.236-03 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984)

52.236-05 MATERIAL AND WORKMANSHIP (APR 1984)

52.236-06 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

52.236-07 PERMITS AND RESPONSIBILITIES (NOV 1991)

52.236-08 OTHER CONTRACTS (APR 1984)

52.236-09 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES,

AND IMPROVEMENTS (APR 1984)

52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984)

52.236-11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984)

52.236-12 CLEANING UP (APR 1984)

52.236-13 ACCIDENT PREVENTION (NOV 1991)

52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)

52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)

52.236-17 LAYOUT OF WORK (APR 1984)

52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)

52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)

52.237-01 SITE VISIT (APR 1984)

52.237-02 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION

(APR 1984)

52.242-03 PENALTIES FOR UNALLOWABLE COSTS (MAY 2014)

52.242-13 BANKRUPTCY (JUL 1995)

52.242-14 SUSPENSION OF WORK (APR 1984)

52.243-04 CHANGES (JUN 2007)

52.244-06 SUBCONTRACTS FOR COMMERCIAL ITEMS (OCT 2015)

52.245-01 GOVERNMENT PROPERTY (APR 2012)

52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

52.248-03 VALUE ENGINEERING -- CONSTRUCTION (OCT 2015)

Para (i), Contract number. 'See SF1442, Block 4'

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

2012) - ALTERNATE I (SEP 1996)

52.249-03 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (DISMANTLING,

DEMOLITION, OR REMOVAL OF IMPROVEMENTS) (APR 2012) - ALTERNATE I (SEP

1996)

52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (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 (JAN 2015)

Para (b)(2). C.O. enters contact information. 'N/A'

252.204-7000 DISCLOSURE OF INFORMATION (AUG 2013)

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

252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION

CONTROLS (AUG 2015)

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

GOVERNMENT OF A COUNTRY THAT IS A STATE SPONSOR OF TERRORISM

(DEC 2014)

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

252.216-7006 ORDERING (MAY 2011)

Para (a). Date. 'date of contract award' Para (a). Date 'date of contract expiration'

252.222-7007 REPRESENTATION REGARDING COMBATING TRAFFICKING IN PERSONS (JAN

2015)

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

HAZARDOUS MATERIALS - BASIC (SEP 2014)

252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (FEB 2013)

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

252.227-7014 RIGHTS IN NONCOMMERCIAL COMPUTER SOFTWARE AND NONCOMMERCIAL

SOFTWARE DOCUMENTATION (FEB 2014)

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

252.227-7022 GOVERNMENT RIGHTS (UNLIMITED) (MAR 1979)

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

INFORMATION MARKED WITH RESTRICTIVE LEGENDS (MAY 2013)

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

252.227-7033 RIGHTS IN SHOP DRAWINGS (APR 1966)

252.227-7037 VALIDATION OF RESTRICTIVE MARKINGS ON TECHNICAL DATA (JUN 2013)

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS

(JUN 2012)

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)

252.236-7000 MODIFICATION PROPOSALS--PRICE BREAKDOWN (DEC 1991)

252.236-7001 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

Para (e). Identify drawings. 'As identified in each task order'

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

252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012)

252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUN 2013)

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

(APR 2012)

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

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

252.245-7004 REPORTING, REUTILIZATION, AND DISPOSAL (MAR 2015)

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

C. AIR FORCE FEDERAL ACQUISITION REGULATION SUPPLEMENT CONTRACT CLAUSES

5352.201-9101 OMBUDSMAN (APR 2015)

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

'Air Force Test Center Vice Commander, 1 South Rosamond Blvd, Edwards AFB CA 93524-3784, phone number: (661) 277-2810; facsimile number: (661) 277-7593'

5352.223-9000 ELIMINATION OF USE OF CLASS I OZONE DEPLETING SUBSTANCES (ODS) (NOV 2012)

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

A. FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES IN FULL TEXT

52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS (APR 2008)

This is a rated order certified for national defense, emergency preparedness, and energy program use, and the Contractor shall follow all the requirements of the Defense Priorities and Allocations System regulation (15 CFR 700).

52.236-04 PHYSICAL DATA (APR 1984) (TAILORED)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

a. The indications of physical conditions on the drawings and in the specifications are the result of site investigations by surveys.

b. Weather conditions

(1) The Tennessee location of the work is subject to the atmospheric temperature ranging from minus 20 degrees F to plus 106 degrees F. The average annual rainfall is about 60 inches and the average annual snowfall is about 8 inches.

(2) The Maryland location of the work is subject to the atmospheric temperature ranging from minus 9 degrees F to plus 104 degrees F. The average annual rainfall is about 44 inches and the average annual snowfall is about 18 inches.

(3) The California location of the work is subject to the atmospheric temperature ranging from 15 degrees F to 107 degrees F. The average annual rainfall is about 16 inches and the average annual snowfall is less than 1 inch.

(4) Time Extensions for Unusually Severe Weather

(a) Based on data from the National Oceanic and Atmospheric Agency (NOAA), the following number of adverse weather days can be anticipated at Arnold AFB, TN in the month indicated.

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

4 3 3 5 2 4 4 3 2 4 3 4

(b) Based on data from the National Oceanic and Atmospheric Agency (NOAA), the following number of adverse weather days can be anticipated at White Oak, MD in the month indicated.

3 2 3 3 3 5 3 1 2 3 2 3

(c) Based on data from the National Oceanic and Atmospheric Agency (NOAA), the following number of adverse weather days can be anticipated at Moffett Federal Airfield, CA in the month indicated.

0 2 1 1 1 0 0 0 0 0 1 2

(d) From receipt of Notice to Proceed throughout the contract performance period, the Government Representative will record daily the actual number of adverse weather days which prevent work for at least 50 percent of the contractor's workday.

(e) Only after the cumulative number of "adverse weather days" as defined in d., above, has reached the total calculated from the monthly figures listed in a., b., or c., above, or the proportionate number for partial calendar months in the performance period, will the Contracting Officer consider a time extension in accordance with the clause entitled "Default (Fixed-Price Construction)." A time extension will be granted on a day-for-day basis if the Contracting Officer determines that additional adverse weather days prevent work for at least 50 percent of the contractor's workday and delay work critical to the timely completion of the contract.

(f) The contractor's schedule must reflect the delays associated with the anticipated adverse weather days listed in a., b., or c., above. The Contracting Officer will grant no time extensions for adverse weather days within the cumulative total of the monthly numbers listed. The number of anticipated adverse weather days per month in a., b., and c., was calculated by a three year average of days with greater than or equal to 0.5” of precipitation.

c. Transportation Facilities

(1) Transportation Facilities to AEDC Fenced Area

(a) Highways. U.S. Highway 41A is a paved road passing through Tullahoma, Tennessee.

U.S. Highway 41 and Interstate 24 are paved roads passing through Manchester, Tennessee. State Highway 55 is a paved road connecting U.S. Highway 41 and 41A at Manchester and Tullahoma, respectively.

Access to the AEDC area can be gained from State Highway 55 near Tullahoma via new paved highway intersecting U.S. Highway 41, 5.5 miles southwest of Manchester and 3.8 miles from the area entrance, and Interstate 24, 3.5 miles southeast of Manchester and 2.5 miles from the area entrance. Concrete pavements have been constructed within the AEDC area and may be used subject to the restrictions set forth herein. Access to the sites of work from the paved areas and other routes shall be provided and maintained by and at the expense of the Contractor. The route for equipment which is not permitted to operate on the concrete pavement shall be as approved by the Contracting Officer. No construction truck or trailer vehicles shall be operated upon pavements of the AEDC area except within the following load limitations. [insert a summary of transportation facilities providing access from the site, including information about their availability and limitations].

(2) Travel Within the AEDC Area

(a) Streets and Roadways. Streets have been constructed within the AEDC area and may only be used subject to the restrictions set forth herein. Travel on AEDC roads is required to comply with the State of Tennessee Department of Transportation (TDOT) regulations as set forth in the document Overweight and Overdimensional Movements on Tennessee Highways Chapter 1680-7-1.

1 A "Special Permit" is required for the movement of all construction equipment, unless hereinafter provided otherwise, which is to be moved over streets or over areas containing underground ducting, piping, or overhead utilities. Application for the Special Permit to move heavy equipment will be submitted to the Contracting Officer. Application for such movements will be made sufficiently in advance of the time needed to avoid delays in movement. Only wheel or tire vehicles which fall under the following maximum allowable load limitations may operate without permit upon AEDC streets:

GENERAL SIZE AND WEIGHT LIMITATIONS

Gross Weight: 80,000 lbs. provided, however, that freight motor vehicles shall not be operated on the interstate system where the gross weight exceeds 73,280 lbs. or where the weight exceeds 18,000 lbs.

on any single axle or where the weight exceeds 32,000 lbs. on any tandem axle group unless the weight is distributed on a group of two or more consecutive axles by application of the formula set forth in T.C.A.

§55-7-203.

Single Axle: 20,000 lbs. except as provided above Tandem Axle: 34,000 lbs. except as provided above Width: 8 ft. 6 in. on the Federal and State Highway System Height: 13 ft. 6 in.

Length:

Straight Truck: 40 ft.

Straight Truck with trailer attached: 65 ft.

Truck tractor and semi-trailer or trailer combination: The towed vehicle shall not exceed 50 ft. in.

length from the point of attachment to the tractor. If the towed vehicle exceeds 48 ft. in. length from the point of attachment to the tractor, the distance between the kingpin and the rearmost axle or a point midway between the two rear axles, if the two rear axles are a tandem axle, shall not exceed 41 ft.

CONDITIONS FOR MOVEMENT OF *FIXED LOAD VEHICLES

Notwithstanding anything to the contrary contained herein, special permits may be issued for operation of *fixed load vehicles as defined in T.C.A. §55-1-117, on AEDC roads, provided that in addition to all other applicable provisions of these rules, the following conditions are met:

a No single load bearing axle exceeds 24,000 lbs.

b No single axle in a tandem group exceeds 24,000 lbs.

c Maximum gross weight does not exceed 120,000 lbs.

d Routing does not include any bridge.

Special permits may be issued for *fixed load vehicles for operation over the state highway system, other than that portion designated as the interstate system, provided that, in addition to all other applicable provisions of these rules, the following conditions are met:

a No front or steering axle exceeds 24,000 lbs.

b No drive axle exceeds 40,000 lbs.

c Maximum gross weight does not exceed 150,000 lbs.

d Routing does not include any bridge.

e Vehicle does not exceed crawl speed when crossing any bridge.

f No other traffic is permitted on the bridge being crossed.

g Permittee shall provide necessary flagging.

*For the purpose of this document a Fixed Load Vehicle may include, but is not limited to, the following vehicles:

a Air compressors, air drills, asphalt plants, asphalt spreaders, bituminous plants, bituminous mixers, bituminous spreaders and bucket loaders;

b Cement batch plants, cement mixers other than transit mix, cement spreaders, carryalls, crawler cranes, crushers and crushing plants, diggers and ditchers, power units and plants;

c Earthmoving scrapers, electric generating equipment, electric load-bank and wiring equipment, front-end loaders, leveling graders, lighting plants and portable wiring, motor graders, payloaders, power hoists, road graders, scoopmobiles, skip hoists, stackers and hoists;

d Athey wheels, backhoes, bituminous and cement pavement finishers, drag lines, fork lift trucks, log loaders, mixmobiles, portable bins, portable parts and storage bins, portable shops, portable storage tanks, power shovels, road rollers, sheepsfoot rollers and paving mixers, towermobiles, welders, yarders;

e Bituminous and cement finishing machines, elevator equipment, scarifiers and rooters, traction engines, vibro screens and rotary screens, wheeled and crawler tractors other than truck tractors; and f Apron feeders, grain grinders, grain rollers, sand classifiers and drags, sawmills and special construction equipment, scrap metal bailers, scrubber screens and plate feeders.

2 If any equipment exceeds the above load limitations, or any track vehicles are used, the pavement must be protected with earth or fiber at the expense of the Contractor. Compliance with the above requirements does not preclude the Contractor's liability for any damage which results from his travel over AEDC streets.

(b) Other Routes. Routes for use of equipment which is not permitted on AEDC streets shall be shown on the drawings, or as approved by the Contracting Officer. Access to the sites of work from the paved areas, and other routes, shall be provided and maintained by and at the expense of the Contractor.

(c) Traffic Regulations. The Contractor shall be cognizant of and comply with all AEDC traffic regulations as published and enforced on the AEDC installation.

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 (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.