HB0001-18-R-0022.pdf

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RATING PAGE OF PAGES

7. ISSUED BY

(Date)

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

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA

FAR (48 CFR) 53.214(c)

1 19

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

HB0001 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and

S011, OPS1

conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

JESSICA M STORMS (443) 634-5534

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

1 X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

2 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 5 - 10 M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for 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)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

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

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

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 COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

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

PART IV - REPRESENTATIO NS AND INSTRUCTIO NS

PART III - LIST O F DO CUMENTS, EXHIBITS AND O THER ATTACHMENTS

11 - 18

PART II - CO NTRACT CLAUSES

US CYBER COMMAND

USCYBERCOM ACQUISITION

9800 SAVAGE ROAD SUITE 6317

FORT MEADE MD 20755

FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

04 Sep 2018

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

HB000118R0022

Section C - Descriptions and Specifications

SCOPE OF WORK

Scope of Work

The contractor shall provide the necessary materials, facilities, equipment, and the services of skills professionals to full:

C.1 The requirements set forth in the statement of work, entitled “RAINFIRE,” dated 23 July 2018, Version 1.0 (13 pages)

C.2 The ordering procedures wet forth in the Ordering Guide for RAINFIRE, dated 27 July 2018, Version 1.0 (10 pages)

Section E - Inspection and Acceptance

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

Section H - Special Contract Requirements

CUSTOM CLAUSES

CONTRACTOR PERSONNEL CLEARNACES – AWARD

(a) It shall be the responsibility of the Contractor to optimize the use of currently cleared personnel in completing the requirements of this contract. In the event that the Contractor requires additional personnel clearances, any delays incurred in the contract progress and/or schedule as a result of the time required to clear such personnel shall be the Contractor’s responsibility. Under no circumstances shall the Government recognize a claim for an equitable adjustment in the contract price and/or schedule as a result of any delay due to the failure to have properly cleared personnel.

(b) It is understood that the Contractor will provide personnel as suitable replacements on a best effort basis.

ACQUISTION OF INFORMATION SYSTEMS SECURITY (INFOSEC) PRODUCTS, AND THEIR

ELECTRONIC COMPONENTS AND PART, FROM OUTSIDE THE UNITED STATES

(a) Definitions.

(1) Component, as used in this provision, means electronic assembly or subassembly incorporated directly into an end product. An electronic assembly is a group of electronic parts, elements, subassemblies, and circuits assembled as a separately removable item of INFOSEC equipment. A subassembly is a major subdivision of an electronic assembly.

(2) Contractor, as used in this provision, means the supplier of the end item and associated support items to the government under the terms of a specific contract.

(3) Information systems security product, as used in this provision, means any item (i.e., chip, module, assembly, or equipment), technique, or service that perform as or relates to information systems security.

(4) Part, as used in this provision, means any single, unassembled element of a major or minor subassembly, accessory, or attachment that is not normally subject to disassembly without the destruction or the impairment of the design use.

(5) Subcontractor, as used in this provision, means a person or business that contracts to provide some service or material necessary for the performance of another’s contract.

(6) United States, as used in this provision, means the 50 states and the District of Columbia, Puerto

Rico, Guam, American Samoa, the U.S. Virgin Islands, the Northern Mariana Islands, and any other territory or possession over which the United States Government exercises sovereignty. It is synonymous with “onshore”.

(7) Vendor or Supplier, as used in this provision, means a person, company, or agency that sells or supplies materials to a contractor or subcontractor.

(b) An Anonymity Plan (AP) is required when INFOSEC products and their electronic components and parts are acquired from sources outside the United States. An AP must be approved before a waiver will be considered for any offshore procurement of INFOSEC products, and their electronic components and parts.

At a minimum, the AP should include an outline of offshore procurement procedures that are used for the acquisition of INFOSEC products and their electronic components and parts. Emphasis is placed on establishing offshore procurement procedures ensuring the subcontractor or vendor of these items remains unaware the DoD/United States Cyber Command is the recipient of these items.

(c) No subcontracts or purchase orders involving design, manufacture, production, assembly, inspection, or testing outside of the U.S. of INFOSEC products and their electronic components and parts, for use in

INFOSEC systems, shall be made under this contract without the prior written approval of the Contracting

Officer. Under no circumstances shall any custom integrated circuit, hybrid, multichip module, or the documentation associated with these devices or any likeness thereof, be sent outside the U.S. for additional processing or assembly. In addition, all memory devices, including field programmable gate arrays, with security-related functions are programmed onshore.

(d) Requests for permission to deviate from the requirements of paragraphs (b) and (c) above are handled on a case-by-case basis through the Contracting Officer. Include in each letter request a strong and compelling reason why the request should be granted in addition to the benefit the Government would gain by granting the request.

NOTICE: USE OF A FOCI SOURCE FOR SUPPLIES AND SERVICES

Acquisition of supplies or services from concerns under Foreign Ownership, Control, or Influence (FOCI) or of supplies developed, manufactured, maintained, or modified by concerns under FOCI is of serious concern. If the contractor is under FOCI, the contractor shall comply with all risk mitigation measures imposed by the

Government. In addition, the United States Cyber Command Capabilities Development Group Acquisition Division

(CDG/ACQ) reserves the right to prohibit individuals who are not U.S. citizens from all or certain aspects of the work to be performed under this Contract.

Foreign Ownership, Control, or Influence – For purposes of this clause, a U.S. company is considered under FOCI whenever a foreign interest has the power, direct or indirect, and whether or not exercisable through the ownership of the U.S. Company’s securities, by contractual arrangements or other means, to direct or decide matters affecting the management or operations of that company. *

There is a continuing obligation of the contractor to advise the Contracting Office in writing of changed condition from the contractor’s original Statement of Affiliation, 352.204-9000, incorporated by reference, in any of the 11 factors listed below within 30 days of the event, which may justify certain adjustments to the security terms under which a contractor is operation or, alternatively, that different FOCI mitigation measures be employed. If a changed condition is of sufficient significance, it might also result in a determination that the contractor is no longer considered to be under FOCI. Failure to abide by this obligation shall be cause for default under the Default Clause of this contract. Any voluntary actions taken on the part of the contractor which result in changes to the Statement of

Affiliation, will be reviewed by the Government. Any increase costs incurred by the contractor as a result of complying with additional Government imposed security measures shall be considered as unallowable cost to

Government contracts.

Factors: The Government will use the following factors as the basis for making a FOCI determination:

(1) Ownership or beneficial ownership, direct or indirect, of five (5) percent or more of the offeror’s voting securities by a foreign person;

(2) Ownership or beneficial ownership, direct or indirect, of 25 percent or more of any class of the contractor’s non-voting securities by a foreign person;

(3) Management position, such as directors, officers, or executive personnel of the contractor held by non-

U.S. citizens;

(4) Foreign person power, direct or indirect, to control the election, appointment , or tenure of directors, officers, or executive personnel of the contractor or other decisions or activities of the contractor;

(5) Contracts, agreements, understanding, or arrangements between the contractor and a foreign person;

(6) Loan arrangements between the contractor and a foreign person if the contractor’s (the borrower) overall debt to equity ratio if 40:60 or greater; or financial obligations that are subject to the ability of a foreign person to demand repayment;

(7) Annual total revenues or net income in excess of five (5) percent from a single foreign person or in excess of 30 percent from foreign persons in the aggregate;

(8) Ten percent or more of any class of the applicant’s voting securities held in such a way that beneficial ownership or equitable title cannot be identified;

(9) Interlocking directors with foreign persons and any officer or management official of the contractor who is also employed by a foreign person;

(10) Any other factor that indicates or demonstrates a capability on the part of foreign persons to control or influence the operations or management of the contractor; and,

(11) Ownership of ten percent or more of any foreign interest.

*DoD 5520 22-M, National Industrial Security Program Operating Manual, Chapter 2, Section 3, “Foreign

Ownership, Control, or Influence,” February 2006.

(End of Clause)

ABSENT WITHOUT LEAVE (AWOL) REPORTING RESPONSIBILITIES

The Contractor Special Security Officer (CSSO) shall advise cleared contractor personnel of their responsibility to contact their management and the respective site official (that is, the person that is responsible for ensure that personnel have reported to their work site) should they be forced to take unexpected leave.

If the site official is not a contractor management official, the site official will notify contractor management or the

CSSO in the event that a contractor employee is AWOL for more than one hours. The company shall make all reasonable attempts to locate the contractor employee within the second hour of the workday. If, after the second hour, the contractor employee has not been located or an explanation received, contractor management shall ensure that the CSSO has been notified. The CSSO shall attempt to locate the contractor employee during the next hour. If the CSSO is unable to locate the contractor employee, the CSSO shall notify the Associate Directorate Security &

Counterintelligence (ADS&CI), specifically Industrial Security, Q131, or the Security Operation Command Center

(SOCC) at 301-688-6911 after hours.

This shall be a mandatory clause in all contracts and subcontracts at any tier.

PERIOD OF PERFORMANCE

This contract shall have an ordering period from date of award through 60 months, unless terminated earlier.

STATEMENT OF FOREIGN ORIGIN SOFTWARE AND/OR FIRMWARE

As used in this clause, foreign-origin software and/or firmware is any software and/or firmware that is manufactured, developed, maintained, and/or modified: i) outside the United States or its territories, or ii) in the

United States or its territories by an individual who is not a citizen of the United States or its territories. Any degree of manufacture, development, maintenance, or modification that meets either criterion i) or ii) shall be sufficient for the software and/or firmware to be deemed foreign-origin under this clause.

The Government shall have the right to accept if certain countermeasures are instituted, or reject the supply of foreign-origin software and/or firmware under this contract on a case-by-case basis. If the Government rejects the supply of foreign-origin software and/or firmware, the Government shall have the right to require a technically equal, or better, approved substitute or terminate this contract for convenience. The Government shall have the right to require that the contractor not disclose the identity of the end user of the item to any person outside the United

States or to any non-US citizen individual in the United States who developed, maintained, modified, or manufactured the software and/or firmware. In such a case, upon delivery of the software and/or firmware, the contractor shall state that the identity of the end use was not disclosed to such person(s) or individual(s).

If, after contract award, the contractor becomes aware of foreign-origin software and/or firmware to be delivered to the Government under this contract, the contractor shall immediately inform the Contracting Officer in writing of the foreign origin software and/or firmware to be included in the deliverable under this contract. Foreign-origin software and/or firmware that is merely a possible candidate for use under the contract shall also be identified.

Notification pursuant to this clause must include the identy of the foreign source and the nature of the software application, and is required as soon as there is a reason to know or suspect foreign origin. Failure to provide adequate notice to the government as specified herein can result in breach and/or default of the entire contract. If the

Contracting Officer does not reject or accept foreign-origin software and/or firmware as stated herein within ninety

(90) days of receiving notification, the Government’s rights under this clause will be waived.

ACCESS TO TRAINING OR INFORMATIONAL SESSIONS PROVIDED BY THE GOVERNMENT

(a) The use of US Government resources to provide training or informational sessions to contractor employees is an exceptional event. Government provided training and informational sessions include, but are not limited to, Government conferences, Government town hall meetings, Government seminars, VUport training, National Cryptologic School courses, and any other event or activity that in not otherwise commercially available to a Contractor. In general, a Contractor is expected to provide a workforce that is ready to perform the contract services without the need for training or attendance at any type of training or informational session provided by the Government. Accordingly, Contractors are required to provide their employees with any commercial or publicly available training which is necessary to meet the requirements of labor category descriptions under the contract. This clause does not apply to Command mandatory training (e.g., Annual Intelligence Oversight training).

(b) The Prime Contractor must submit a written request to the Contracting Officer in order for any

Prime Contractor employee or subcontractor employee to attend a training or information session provided by the Government that is not otherwise commercially available. The Prime Contractor’s request must contain the following data:

i. Prime Contractor Company Name

ii. Contract Number, including Delivery Order/Task Order

iii. Name and organization of the Contracting Officer’s Representative (COR)

iv. Technical Task Order number and Title, as applicable

v. State whether the request is for attendance by a Prime Contractor or Subcontractor employee to a training or information session as direct chart to the contract or as an indirect charge

vi. Participant Full Name (Last, First, Middle)

vii. Labor Category/Position

viii. Name of Training Class or Information Session

ix. Course/Class Number

x. Location (state either government facility or electronic training media such as

VUport)

xi. Start Date/Time

xii. End Date/Time

xiii. Length of Time of the Training or Informational Session

xiv. Detailed explanation of employee’s need to attend and how the training or informational session directly relates to the contract statement of work and employee’s role under the contract.

(c) The Prime Contractor employee or Subcontractor employee is not authorized to attend the training or information session or invoice for costs unless the Prime Contractor has received written approval by the Contracting Officer prior to the training or information sessions. Reimbursement of costs is limited to the length of time of the training or information session as approved by the Contracting Officer and this does not include travel time or any other costs associated with travel.

PLACE OF PERFORMANCE

Unless the written approval of the Contracting Officer is obtained in advance, the work herein shall not be performed at any facility in advance, the work herein shall not be performeed at any facility/facilities other tan the contractors facility/facilities located at ____________________ and at the Government facilities located at Ft.

Meade, MD.

CLAUSES INCORPORATED BY REFERENCE

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2016

52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2016

52.204-18 Commercial and Government Entity Code Maintenance JUL 2016

52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

JUN 2016

52.204-22 Alternative Line Item Proposal JAN 2017

52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2017

52.215-8 Order of Precedence--Uniform Contract Format OCT 1997

52.215-16 Facilities Capital Cost of Money JUN 2003

52.215-21 Requirements for Certified Cost or Pricing Data and Data

Other Than Certified Cost or Pricing Data -- Modifications

OCT 2010

52.216-21 Requirements OCT 1995

52.216-21 Alt III Requirements (Oct 1995) - Alternate III OCT 1995

52.219-7 Notice of Partial Small Business Set-Aside JUN 2003

52.219-13 Notice of Set-Aside of Orders NOV 2011

52.219-14 Limitations On Subcontracting JAN 2017

52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013

52.228-5 Insurance - Work On A Government Installation JAN 1997

52.229-3 Federal, State And Local Taxes FEB 2013

52.232-1 Payments APR 1984

52.242-17 Government Delay Of Work APR 1984

52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984

52.246-4 Inspection Of Services--Fixed Price AUG 1996

52.246-23 Limitation Of Liability FEB 1997

52.247-34 F.O.B. Destination NOV 1991

52.249-8 Default (Fixed-Price Supply & Service) APR 1984

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.204-7000 Disclosure Of Information OCT 2016

252.225-7003 Report of Intended Performance Outside the United States and Canada--Submission with Offer

OCT 2015

252.225-7004 Report of Intended Performance Outside the United States and Canada--Submission after Award

OCT 2015

252.227-7038 Patent Rights--Ownership by the Contractor (Large Business) JUN 2012

252.243-7001 Pricing Of Contract Modifications DEC 1991

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013

52.203-3 Gratuities APR 1984

52.203-5 Covenant Against Contingent Fees MAY 2014

52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006

52.203-7 Anti-Kickback Procedures MAY 2014

52.203-8 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

52.203-13 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

52.204-2 Security Requirements AUG 1996

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-13 System for Award Management Maintenance OCT 2016

52.204-16 Commercial and Government Entity Code Reporting JUL 2016

52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for

Debarment

OCT 2015

52.209-7 Information Regarding Responsibility Matters JUL 2013

52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

JUL 2013

52.210-1 Market Research APR 2011

52.215-20 Alt II Requirements for Cost or Pricing Data or Information Other

Than Cost or Pricing Data (Oct 2010) - Alternate II

OCT 1997

52.215-22 Limitations on Pass-Through Charges--Identification of

Subcontract Effort

OCT 2009

52.215-23 Limitations on Pass-Through Charges OCT 2009

52.216-7 Allowable Cost And Payment JUN 2013

52.219-6 Notice Of Total Small Business Set-Aside NOV 2011

52.219-8 Utilization of Small Business Concerns NOV 2016

52.222-3 Convict Labor JUN 2003

52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2018

52.222-21 Prohibition Of Segregated Facilities APR 2015

52.222-26 Equal Opportunity SEP 2016

52.222-35 Equal Opportunity for Veterans OCT 2015

52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014

52.222-37 Employment Reports on Veterans FEB 2016

52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-46 Evaluation Of Compensation For Professional Employees FEB 1993

52.222-50 Combating Trafficking in Persons MAR 2015

52.222-54 Employment Eligibility Verification OCT 2015

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011

52.223-6 Drug-Free Workplace MAY 2001

52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.227-1 Authorization and Consent DEC 2007

52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

DEC 2007

52.227-10 Filing Of Patent Applications--Classified Subject Matter DEC 2007

52.227-11 Patent Rights--Ownership By The Contractor MAY 2014

52.232-17 Interest MAY 2014

52.232-18 Availability Of Funds APR 1984

52.232-20 Limitation Of Cost APR 1984

52.232-23 Assignment Of Claims MAY 2014

52.232-25 Prompt Payment JAN 2017

52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-4 Certification of Final Indirect Costs JAN 1997

52.242-13 Bankruptcy JUL 1995

52.242-15 Stop-Work Order AUG 1989

52.246-25 Limitation Of Liability--Services FEB 1997

52.249-4 Termination For Convenience Of The Government (Services)

(Short Form)

APR 1984

52.253-1 Computer Generated Forms JAN 1991

252.201-7000 Contracting Officer's Representative DEC 1991

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-

Contract-Related Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.203-7003 Agency Office of the Inspector General DEC 2012

252.203-7004 Display of Hotline Posters OCT 2016

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7002 Payment For Subline Items Not Separately Priced DEC 1991

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7005 Oral Attestation of Security Responsibilities NOV 2001

252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7009 Limitations on the Use or Disclosure of Third-Party

Contractor Reported Cyber Incident Information

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

MAY 2016

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of

Terrorism

OCT 2015

252.215-7008 Only One Offer OCT 2013

252.215-7013 Supplies and Services Provided by Nontraditional Defense

Contractors.

JAN 2018

252.216-7009 Allowability of Legal Costs Incurred in Connection With a

Whistleblower Proceeding

SEP 2013

252.223-7004 Drug Free Work Force SEP 1988

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017

252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017

252.225-7048 Export-Controlled Items JUN 2013

252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business

Concerns

SEP 2004

252.227-7013 Rights in Technical Data--Noncommercial Items FEB 2014

252.227-7014 Rights in Noncommercial Computer Software and

Noncommercial Computer Software Documentation

FEB 2014

252.227-7016 Rights in Bid or Proposal Information JAN 2011

252.227-7017 Identification and Assertion of Use, Release, or Disclosure

Restrictions

JAN 2011

252.227-7025 Limitations on the Use or Disclosure of Government-

Furnished Information Marked with Restrictive Legends

MAY 2013

252.227-7028 Technical Data or Computer Software Previously Delivered to the Government

JUN 1995

252.227-7030 Technical Data--Withholding Of Payment MAR 2000

252.227-7037 Validation of Restrictive Markings on Technical Data SEP 2016

252.227-7039 Patents--Reporting Of Subject Inventions APR 1990

252.231-7000 Supplemental Cost Principles DEC 1991

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006

252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.239-7000 Protection Against Compromising Emanations JUN 2004

252.239-7001 Information Assurance Contractor Training and Certification JAN 2008

252.239-7017 Notice of Supply Chain Risk NOV 2013

252.239-7018 Supply Chain Risk OCT 2015

252.243-7002 Requests for Equitable Adjustment DEC 2012

252.244-7000 Subcontracts for Commercial Items JUN 2013

252.244-7001 Contractor Purchasing System Administration MAY 2014

252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

______________________. (Contracting Officer designate the official or location where a protest may be served on the Contracting Officer.)

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of provision)

52.244-2 SUBCONTRACTS (OCT 2010)

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

Approved purchasing system means a Contractor's purchasing system that has been reviewed and approved in accordance with Part 44 of the Federal Acquisition Regulation (FAR).

Consent to subcontract means the Contracting Officer's written consent for the Contractor to enter into a particular subcontract.

Subcontract means any contract, as defined in FAR Subpart 2.1, entered into by a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.

(b) When this clause is included in a fixed-price type contract, consent to subcontract is required only on unpriced contract actions (including unpriced modifications or unpriced delivery orders), and only if required in accordance with paragraph (c) or (d) of this clause.

(c) If the Contractor does not have an approved purchasing system, consent to subcontract is required for any subcontract that—

(1) Is of the cost-reimbursement, time-and-materials, or labor-hour type; or

(2) Is fixed-price and exceeds—

(i) For a contract awarded by the Department of Defense, the Coast Guard, or the National Aeronautics and Space

Administration, the greater of the simplified acquisition threshold or 5 percent of the total estimated cost of the contract; or

(ii) For a contract awarded by a civilian agency other than the Coast Guard and the National Aeronautics and Space

Administration, either the simplified acquisition threshold or 5 percent of the total estimated cost of the contract.

(d) If the Contractor has an approved purchasing system, the Contractor nevertheless shall obtain the Contracting

Officer’s written consent before placing the following subcontracts:

(e)(1) The Contractor shall notify the Contracting Officer reasonably in advance of placing any subcontract or modification thereof for which consent is required under paragraph (b), (c), or (d) of this clause, including the following information:

(i) A description of the supplies or services to be subcontracted.

(ii) Identification of the type of subcontract to be used.

(iii) Identification of the proposed subcontractor.

(iv) The proposed subcontract price.

(v) The subcontractor’s current, complete, and accurate certified cost or pricing data and Certificate of Current Cost or Pricing Data, if required by other contract provisions.

(vi) The subcontractor’s Disclosure Statement or Certificate relating to Cost Accounting Standards when such data are required by other provisions of this contract.

(vii) A negotiation memorandum reflecting—

(A) The principal elements of the subcontract price negotiations;

(B) The most significant considerations controlling establishment of initial or revised prices;

(C) The reason certified cost or pricing data were or were not required;

(D) The extent, if any, to which the Contractor did not rely on the subcontractor’s certified cost or pricing data in determining the price objective and in negotiating the final price;

(E) The extent to which it was recognized in the negotiation that the subcontractor’s certified cost or pricing data were not accurate, complete, or current; the action taken by the Contractor and the subcontractor; and the effect of any such defective data on the total price negotiated;

(F) The reasons for any significant difference between the Contractor’s price objective and the price negotiated; and

(G) A complete explanation of the incentive fee or profit plan when incentives are used. The explanation shall identify each critical performance element, management decisions used to quantify each incentive element, reasons for the incentives, and a summary of all trade-off possibilities considered.

(2) The Contractor is not required to notify the Contracting Officer in advance of entering into any subcontract for which consent is not required under paragraph (c), (d), or (e) of this clause.

(f) Unless the consent or approval specifically provides otherwise, neither consent by the Contracting Officer to any subcontract nor approval of the Contractor’s purchasing system shall constitute a determination—

(1) Of the acceptability of any subcontract terms or conditions;

(2) Of the allowability of any cost under this contract; or

(3) To relieve the Contractor of any responsibility for performing this contract.

(g) No subcontract or modification thereof placed under this contract shall provide for payment on a cost-plus-a-percentage-of-cost basis, and any fee payable under cost-reimbursement type subcontracts shall not exceed the fee limitations in FAR 15.404-4(c)(4)(i).

(h) The Contractor shall give the Contracting Officer immediate written notice of any action or suit filed and prompt notice of any claim made against the Contractor by any subcontractor or vendor that, in the opinion of the

Contractor, may result in litigation related in any way to this contract, with respect to which the Contractor may be entitled to reimbursement from the Government.

(i) The Government reserves the right to review the Contractor’s purchasing system as set forth in FAR Subpart

44.3.

(j) Paragraphs (c) and (e) of this clause do not apply to the following subcontracts, which were evaluated during negotiations:

(End of clause)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

www.acquisition.gov

(End of provision)

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).

COMBO

(Contracting Officer: Insert applicable document type(s). 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.

HB0001

(Contracting Officer: Insert inspection and acceptance locations or “Not applicable”.)

(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 F87700

Issue By DoDAAC HB0001

Admin DoDAAC HB0001

Inspect By DoDAAC HB0001

Ship To Code HB0001

Ship From Code ____

Mark For Code ____

Service Approver (DoDAAC) ____

Service Acceptor (DoDAAC) ____

Accept at Other DoDAAC ____

LPO DoDAAC ____

DCAA Auditor DoDAAC ____

Other DoDAAC(s) ____

(*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 email address identified below in the “Send

Additional Email Notifications” field of WAWF once a document is submitted in the system.

(Contracting Officer: Insert applicable email addresses or “Not applicable.”)

(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.

(Contracting Officer: Insert applicable information or “Not applicable.”)

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

(End of clause)

Section J - List of Documents, Exhibits and Other Attachments

ATTACHMENTS

Section Attachments

J.1 SOW 23 July 2018, 13 Pages, Version 1.0

J.2 Source Selection Plan Version 1.0 4 Sep 2018, 14 Pages Version 1.0

J.3 RAINFIRE Ordering Agreement Guide 27 July 2018, 10 Pages Version 1.0