HC101322QA349.v0.pdf

IQO INQUIRY

FM: PL8211

TO: Contractors

DATE (MM/DD/YYYY): 5/11/2022

SUBJECT: HC101322QA349

A. TYPE ACTION: START

1. PURPOSE: 1. SUBMIT A QUOTE TO PROVIDE, INSTALL, AND MAINTAIN A LEASE A

10GB, NON-SWITCHED, ETHERNET CIRCUIT BETWEEN BLDG 33, NETWORK ROOM, 1

ADMINISTRATION CIRCLE, CHINA LAKE NWC, CA AND BLDG 1482, ROOM 169, 1482 READ RD,

NORTH ISLAND NAS, CA

- CONTRACTOR SHALL PROVIDE ETHERNET FRAME SIZE CONFIGURED TO SUPPORT

MAXIMUM TRANSMISSION UNIT (MTU) OF 9000 (BYTES) JUMBO FRAMES

- CONTRACTORS SHALL MEET RTD OF LESS THAN OR EQUAL TO 10 MILLISECONDS PER

350 MILES MEASURED AS THE GREAT CIRCLE DISTANCE BETWEEN THE "A" AND "Z"

LOCATIONS TO SUPPORT THE GOVERNMENT MISSION. IF THE RTD CHANGES IT WOULD BE

NOTIFIED VIA AMENDMENT TO SOLICITATION.

- SEE UNIQUE INSTALL FACTS

- CUSTOMER REQUESTS SOONER IF POSSIBLE, SERVICE DATE (SIP)

- VENDOR QUOTE MUST INCLUDE THE A LOC AND Z LOC LEC’S ALONG WITH THE

VENDOR’S SUB-CONTRACTOR/LONG-HAUL PROVIDER/CARRIERS FOR THE SERVICE

-VENDOR QUOTES MUST INDICATE IF LEC’S ARE CURRENTLY ON-NET OR IF A BUILD IS

REQUIRED TO COMPLETE THE SERVICE.

- IF A BUILD IS REQUIRED TO COMPLETE THE SERVICE, VENDOR MUST INDICATE THE

SCOPE OF THE BUILD (LENGTH, BURIED/AERIAL, TRENCHING/DIRECTIONAL BORING, NEW

CONDUIT, ETC), AND VENDOR MUST INDICATE IF THE SITE HAS GRANTED PERMISSION

FOR VENDOR TO BUILD INTO THE SITE (MUST ALSO PROVIDE THE SITE POC’S NAME THAT

GRANTED PERMISSION) AND HAS SUFFICIENT SPACE, POWER AND HVAC CAPACITY TO

SUPPORT THE VENDOR EQUIPMENT AND CABLING.

2. CONTRACTORS ARE RESPONSIBLE FOR READING AND ADDRESSING ALL TECHNICAL

REQUIREMENTS OF THIS INQUIRY/SOLICITATION, READING AND AGREEING WITH THE

STANDARD PROVISIONS, PROVIDE PRICE QUOTATION IN ACCORDANCE WITH STANDARD

PROVISION 4, AND MEET THE REQUESTED SERVICE DATE.

3.THE SERVICE DATE TO BE MET IS: 26 SEP 2022 (SIP) TO COMPLY WITH PROCUREMENT

ACQUISITION LEAD TIME (PALT) FOR THIS TYPE OF SERVICE. ANY CHANGES TO THE

ORIGINAL SERVICE DATE WILL BE NOTIFIED VIA AMENDMENT TO THE SOLICITATION AND

POSTED TO FBO. THE GOVERNMENT ASSUMES THAT CONTRACTORS HAVE CONSIDERED

HC101322QA349

ALL ISSUES THAT MAY DELAY THE DELIVERY OF CIRCUIT ON REQUESTED SERVICE

DATE. THE GOVERNMENT MAY CANCEL, TERMINATE, OR REQUEST CONSIDERATION IAW

STANDARD PROVISION 42 FOR FAILURE TO MEET CONTRACTUAL SERVICE.

4. CONTRACTORS MUST ENSURE THAT QUOTES SHALL INCLUDE SUFFICIENT DETAIL

FOR EFFECTIVE EVALUATION AND SHOULD NOT SIMPLY REPHRASE OR RESTATE THE

GOVERNMENT REQUIREMENTS. RATHER, CONTRACTORS MUST PROVIDE CONVINCING

RATIONALE TO ADDRESS HOW THEY INTEND TO MEET THE REQUIREMENT. IN RESPONSE

TO THIS SOLICITATION, NO TERMS OR CONDITIONS PLACED UPON THE GOVERNMENT,

NOR ASSUMPTIONS WILL BE ACCEPTED. CONTRACTORS ARE INSTRUCTED TO SUBMIT

QUESTIONS AND REQUEST CLARIFICATIONS OF THE REQUIREMENT (S) BEFORE

SUBMITTING QUOTES. QUOTES MUST BE UPLOADED TO IDEAS.

5. THIS REQUIREMENT MUST BE WORKED IN CONJUNCTION WITH SOLICITATION

HC101322QA348/TSR RU07APR227811 AND MUST BE ENGINEERED AND PROVISIONED

TOTALLY DIVERSE END TO END FROM THE GOVERNMENT SERVICE DELIVERY POINTS

(SDP) FROM TSR RU07APR227811; MEANING THE PHYSICAL PATHS ARE TOTALLY

SEPARATE INCLUDING MANHOLES, CONDUIT, CENTRAL OFFICE LOCATIONS, AND FIBER

BUILDS. ADDITIONALLY, AS A MINIMUM MUST HAVE 50 METERS / 164 FEET PHYSICAL

SEPARATION FROM TSR RU07APR227811.

6. TO DETERMINE THE AWARDEE(S) OF DIVERSE REQUIREMENTS, THE GOVERNMENT WILL

FIRST EVALUATE THE LOWEST PRICED SOLUTION FOR EACH SOLICITATION. IF THOSE

TWO SOLUTIONS ARE DIVERSE FROM EACH OTHER AND MEET ALL REQUIREMENTS,

AWARD WILL BE MADE TO THE CONTRACTOR OR CONTRACTORS THAT PROPOSED

THE TWO SOLUTIONS. IF THE TWO LOWEST PRICED SOLUTIONS ARE NOT AWARDABLE

BECAUSE THEY ARE NOT DIVERSE FROM EACH OTHER OR DO NOT MEET REQUIREMENTS,

THE GOVERNMENT WILL EVALUATE THE NEXT LOWEST PRICED COMBINATION FOR

BOTH SOLICITATIONS UNTIL IT DETERMINES THE LOWEST PRICED COMBINATION THAT

MEETS ALL REQUIREMENTS. AWARDS WILL BE MADE AS A PAIR TO ONE CONTRACTOR

ONLY OR SPLIT THE AWARD BETWEEN TWO CONTRACTORS THAT MEET ALL TECHNICAL

REQUIREMENTS, REQUESTED SERVICE DATE AND PROPOSE THE LOWEST PRICE.

7. CONTRACTOR SHALL PROVIDE COLOR POWERPOINT DRAWINGS SHOWING THE ROUTES

FROM THE COMMERCIAL DEMARKS TO THE SUPPORTING CENTRAL OFFICES AND/OR

WIRING CENTERS, ENSURING THE PHYSICAL END TO END DIVERSITY REQUIREMENTS ARE

BEING MET. DRAWINGS MUST INCLUDE SEPARATION DISTANCES, TOTAL FIBER MILES

AND ROUND-TRIP DELAY BASED ON ACTUAL DISTANCE IN MILES. REFER TO STANDARD

PROVISION 39 FOR SPECIFIC DOCUMENTATION REQUIREMENTS. SAMPLE DRAWINGS

INCLUDED WITH INQUIRY/SOLICITATION SHALL BE FOLLOWED IN ORDER TO PROVIDE THE

REQUIRED TECHNICAL INFORMATION. MAPS AND DRAWINGS WITH ERRORS, MISMATCH

INFORMATION, MISSING RTD, AND NOT ENOUGH DETAIL TO DETERMINE DIVERSITY

THROUGHOUT THE FIBER PATH WILL BE FOUND TECHNICALLY DEFICIENT AND WILL NOT

BE ACCEPTED. (DO NOT INCLUDE THIS PARAGRAPH IN REQUIREMENTS TO BE WORKED IN

CONJUNCTION/COORDINATION UNLESS MAPS/DRAWINGS ARE REQUIRED).

8. PRE-AWARD SITE SURVEYS ARE AUTHORIZED (AT CONTRACTOR EXPENSE) AND

SHOULD BE CONDUCTED IN COORDINATION WITH LOCAL POCS AT EACH GOVERNMENT

SITE. IT IS HIGHLY RECOMMENDED THAT AT A MINIMUM, CONTRACTORS CONDUCT PHONE

SURVEYS TO ADEQUATELY ASSESS THE MAGNITUDE OF THE WORK TO BE PERFORMED IN

DETERMINING THEIR PRICE STRATEGY.

9. CONTRACTORS MUST ADDRESS IN QUOTES COMPLIANCE WITH TESTING AND

ACCEPTANCE REQUIREMENTS.

10. TESTING & ACCEPTANCE REQUIREMENTS MUST BE COORDINATED WITH CUSTOMER

ACCEPTANCE AUTHORITY BEFORE NOTICE OF COMPLETION IS SUBMITTED TO DITCO. (IF

WORKING DISA ETHERNET, WAVE, SONET (OC-03 AND HIGHER REQUIREMENTS INCLUDE

THE BELOW INFO

FOR DISA REQUIREMENTS THE TESTING AND ACCEPTING AUTHORITY IS:

DISA DSCC IE Mailbox DCP Commercial Activation

11. ESTABLISH TSP: TSP0LMUBD-01

FAILURE TO READ AND ADDRESS ANY OF THE TECHNICAL REQUIREMENTS AND SERVICE

DATE REQUESTED IN THIS INQUIRY SHALL RENDER THE QUOTE NON-COMPLIANT AND

RESULT IN IT BEING EXCLUDED FROM EVALUATION AND AWARD.

If there are more than two locations, their information will be found in Attachment B to this Order.

B. ALLA NUMBER:

C. TSP AUTHORIZATION CODE/RESTORATION CODE: TSP0LMUBD-01

D. DEMANDER'S CODE:

E. SERVICE DATE (MM/DD/YYYY): 9/26/2022

F. TYPE OF CIRCUIT:

1. BANDWIDTH/DATA RATE: 10 Gigabit

2. SIGNALING MODE: No Signaling

G. LOCATION OF TERMINATION A:

1. ADDRESS: 33; 1 ADMINISTRATION CIRCLECHINA LAKE NWC, CA, 93555

2. ROOM: NETWORK - please verify

H. LOCAL PART A:

1. EXTENSION OF TELECOMMUNICATIONS SERVICE: All facilities between vendor's commercial communications interface point and termination location shall be provided by vendor. All cables shall be run in accordance with local site standards

2. INTERFACE: 10 GIGABIT ETHERNET; 10GBASE-LR; SUSCRIBER CONNECTOR (SC)

3. DEMARK: (BLDG) 33; (RM) NETWORK

1 ADMINISTRATION CIRCLE

CHINA LAKE NWC, CA, 93555

4. NPA/NXX: 760/939

5. UNIQUE INSTALLATION FACTORS: UNIQUE INSTALL:

**PLEASE VERIFY NETWORK ROOM LOCATION WITH SITE POC**

(1) FIBER CABLE X-CONNECT, IN-HOUSE, INSIDE WIRE, SINGLE-MODE, 1310NM, TELCO

(2) COMMERCIAL FIBER POINT OF PRESENCE

AMPLIFYING INFO:

A. VENDOR IS RESPONSIBLE FOR INSTALLATION AND MAINTENANCE OF SINGLE MODE

FIBER FROM LINE SIDE OF DISA IE1 PROVIDED FIBER TERMINATING PATCH PANEL

INSTALLED IN CISCO ASR-9006 ROUTER SUITE (UJEWCHK040) BLDG 33, ROOM 101 TO

DROP SIDE OF COMMERCIAL FIBER POINT OF PRESENCE FIBER DISTRIBUTION PANEL

BLDG 33, ROOM NETWORK. COORDINATE TYPE CONNECTORS FOR TERMINATION TO DISA

PROVIDED PATCH PANEL.

B. VENDOR MUST COORDINATE WITH GOVERNMENT SITE PERSONNEL TO CONDUCT

WALK THROUGH SITE SURVEY FOR EXACT CABLE FT. FROM DISA PROVIDED FIBER

TERMINATING PATCH PANEL INSTALLED IN CISCO ROUTER SUITE BLDG 33, ROOM 101 TO

THE COMMERCIAL FIBER POINT OF PRESENCE BLDG 33, ROOM NETWORK.

C. VENDOR MUST PROVIDE FIBER STRANDS FROM DISA PROVIDED FIBER PATCH PANEL

INSTALLED IN CISCO ROUTER TO THE COMMERCIAL DEMARC LOCATION WITHOUT

SPLICING AND OR USE OF CONNECTORS TO CONNECT 2 OR MORE FIBER STRANDS

MEANING THE FIBER CANNOT BE BROKEN IN THE MIDDLE AND MUST BE CONTINUOUS.

D. VENDOR MUST SCHEDULE/COORDINATE WITH POC'S LISTED ON THIS ORDER 72 HOURS

IN ADVANCE PRIOR TO SITE SURVEYS OR INSTALLATIONS.

-CIRCUIT MUST BE TAGGED WITH LOCAL CIRCUIT ID AND LONG-HAUL CIRCUIT NO. AT LINE

SIDE OF DISA PROVIDED FIBER TERMINATING PATCH PANEL BLDG 33, ROOM 101 AND AT

DROP SIDE OF VENDOR'S FIBER DISTRIBUTION PANEL INSTALLED IN THEIR COMMERCIAL

SUITE. ADDITIONALLY, VENDOR MUST SHOW SITE PERSONNEL LISTED ON THIS ORDER

THE EXACT TERMINATION POINT WHEN INSTALLATION IS COMPLETE

6. INSIDE WIRE INSTALLATION/MAINTENANCE REQUIRED: CPIWI-YES/CPIWM-YES

7. CONTACT: (PMRY POC) MR. AL PETTIES

ALFRED.PETTIES@NAVY.MIL

(CMCL) 760-939-3229; (DSN) 437-3229

(ALT POC) MR. STEPHAN HARRISON

STEPHAN.HARRISON@NAVY.MIL

(CMCL) 760-939-1865

I. TERMINATION EQUIPMENT A: EQUIPMENT INFORMATION: COMMERCIAL FIBER POINT OF

PRESENCE

J. LOCATION OF TERMINATION B:

1. ADDRESS: 1482; 1482 READ ROADNAS NORTH ISLAND, CA, 92135

2. ROOM: 169; 1 FL

K. LOCAL PART B:

1. EXTENSION OF TELECOMMUNICATIONS SERVICE: All facilities between vendor's commercial communications interface point and termination location shall be provided by vendor. All cables shall be run in accordance with local site standards

2. INTERFACE: 10 GIGABIT ETHERNET; 10GBASE-LR;SUSCRIBERCONNECTOR (SC)

3. DEMARK: BLDG 1482, ROOM 169

1482 READ RD

NORTH ISLAND NAS, CA

4. NPA/NXX:619/545

5. UNIQUE INSTALLATION FACTORS: (1) COMMERCIAL FIBER POINT OF PRESENCE

(2) FIBER CABLE X-CONNECT, IN-HOUSE, INSIDE WIRE, SINGLE-MODE, 1310NM, TELCO

AMPLIFYING INFO:

A. VENDOR IS RESPONSIBLE FOR INSTALLATION AND MAINTENANCE OF SINGLE MODE

FIBER FROM THE DROP SIDE OF COMMERCIAL FIBER POINT OF PRESENCE FIBER

DISTRIBUTION PANEL BLDG 1482, ROOM169 TO LINE SIDE OF DISA IE1 PROVIDED FIBER

TERMINATING PATCH PANEL INSTALLED IN CISCO ASR-9010 ROUTER SUITE (UJEWNIS040)

BLDG 1482, ROOM 169. TERMINATE WITH "SC" CONNECTORS TO DISA PROVIDED FIBER

TERMINATING PATCH PANEL.

B. VENDOR MUST PROVIDE FIBER STRANDS FROM THE DISA PROVIDED FIBER PATCH

PANEL TO THE DROP SIDE OF THEIR POP/FIBER DISTRIBUTION PANEL WITHOUT SPLICING

AND OR USE OF CONNECTORS TO CONNECT 2 OR MORE FIBER STRANDS MEANING THE

FIBER CANNOT BE BROKEN IN THE MIDDLE AND MUST BE CONTINUOUS.

C. CIRCUIT MUST BE TAGGED WITH VENDOR'S LONG-HAUL CIRCUIT ID AND LOCAL

EXCHANGE CARRIER CIRCUIT NO. AS APPLICABLE AT DROP SIDE OF THEIR POINT OF

PRESENCE (FIBER DISTRIBUTION PANEL) BLDG 1482, ROOM 169. ADDITIONALLY, VENDOR

MUST SHOW SITE PERSONNEL LISTED ON THIS ORDER THE EXACT TERMINATION POINT

WHEN CIRCUIT INSTALLATION IS COMPLETE.

D. VENDOR MUST SCHEDULE/COORDINATE WITH POC'S LISTED ON THIS ORDER 72 HOURS

IN ADVANCE PRIOR TO SITE SURVEYS OR INSTALLATIONS.

6. INSIDE WIRE INSTALLATION/MAINTENANCE REQUIRED: CPIWI-YES/CPIWM

7. CONTACT: PRI: STANLEY PIKES, D577-7643, C619-767-7643

EMAIL: STANLEY.PIKES@NAVY.MIL

ALT: 24 HOUR WATCH SUPERVISOR, D735-8928, C619-545-8928

(24 HOURS)

EMAIL: NCTSSD_CWO@NAVY.MIL

ORG EMAIL: NCTSSD_SDNI_N3_DISA@NAVY.MIL

L. TERMINATION EQUIPMENT B: COMMERCIAL FIBER POINT OF PRESENCE

M. ADDITIONAL INFORMATION:

1. DITCO CSA NUMBER:

2. BASIC AGREEMENT NUMBER: TBD

3. TSR NUMBER: RU07APR227812A

4. CCSD: DIR3B1N2

5. DIVERSITY REQUIREMENTS: DIVERSE WITH HC101322QA348 TSR RU07APR227811

6. LOCATIONS TO BE AVOIDED: N/A

7. TRANSMISSION MEDIA TO BE AVOIDED: N/A

8. NETWORKS TO BE AVOIDED: N/A

9. CIRCUIT PARAMETERS: SEE ATTACHMENT

10. TESTING REQUIREMENTS: SEE ATTACHMENT

11. GOVERNMENT ACCEPTANCE ACTIVITY: DISA CONUS IP/D312-770-8627,C618-220-8627

12. SECURITY/ REQUIREMENTS: Escort Required

13. SITE ACCESS REQUIREMENTS: Security Clearance not required. Please contact Site POC at least 72 hours prior to site visit

14. DITCO STANDARD PROVISIONS: Incorporated in full text below

V. QUOTE DUE DATE AND TIME (MM/DD/YYYY): 6/13/2022 4:00 PM America/Chicago

Z. DITCO CONTACT:

Donna Voss

DONNA.M.VOSS7.CIV@MAIL.MIL

Robert E Spencer

DITCO Contracting Officer

618-418-6181 robert.e.spencer.civ@mail.mil

Section G - Contract Administration Data

Included Clauses

G1 - Points of Contact - MAY 2022 Communications with the Contractor will be conducted with the identified Point(s) of Contact (POC). Should a change in POC be required, the Contractor shall initiate this request through notification to the Contracting Officer.

Contracting Officer

Name: Robert E Spencer

Organization/Office Symbol: DISA/DITCO/PL8211

Phone No.: 618-418-6181

E-Mail Address: robert.e.spencer.civ@mail.mil

Contract Specialist

Name: Donna M Voss

Organization/Office Symbol: DISA/DITCO/PL8211

Phone No.: 618-418-6877

E-Mail Address: donna.m.voss7.civ@mail.mil

COR/Mission Partner Point of Contact

Name: Michael White

Organization/Office Symbol: DISA Commercial Activations Team (CAT)

Phone No.: (614)692-0948

E-Mail Address: michael.t.white170.ctr@mail.mil

TSR CONTACT: BRUCE MORRIS

Email: BRUCE.E.MORRIS2.CTR@MAIL.MIL

Phone: 301-225-2877; (DSN) 312-375-2877

Contractor Point of Contact

Contractor Legal Business Name:

DUNS:

CAGE CODE:

Contractor POC:

E-Mail Address:

Telephone Number:

Facsimile Number:

Standard Provisions

252.204-7012 - Safeguarding Covered Defense Information and Cyber Incident Reporting -

DEC 2019

(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.

"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 unclassified information system that is owned, or operated by or for, a contractor and that processes, stores, or transmits covered defense information.

"Covered defense information" means unclassified controlled technical information or other information, as described in the

Controlled Unclassified Information (CUI) Registry at http://www.archives.gov/cui/registry/category-list.html, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies, and is--

(1) Marked or otherwise identified in the contract, task order, or delivery order and provided to the contractor by or on behalf of

DoD in support of the performance of the contract; or

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

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

"Forensic analysis" means the practice of gathering, retaining, and analyzing computer-related data for investigative purposes in a manner that maintains the integrity of the data.

"Information system" means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information.

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

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

''Operationally critical support'' means supplies or services designated by the Government as critical for airlift, sealift, intermodal transportation services, or logistical support that is essential to the mobilization, deployment, or sustainment of the Armed

Forces in a contingency operation.

"Rapidly report" means within 72 hours of discovery of any cyber incident.

"Technical information" means technical data or computer software, as those terms are defined in the clause at DFARS

252.227-7013 , Rights in Technical Data--

Noncommercial Items, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code.

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

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

(i) Cloud computing services shall be subject to the security requirements specified in the clause 252.239-7010 , Cloud

Computing Services, of this contract.

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

(2) For covered contractor information systems that are not part of an IT service or system operated on behalf of the

Government and therefore are not subject to the security requirement specified at paragraph (b)(1) of this clause, the following security requirements apply:

(i) Except as provided in paragraph (b)(2)(ii) of this clause, the covered contractor information system shall be subject to the security requirements in National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, "Protecting

Controlled Unclassified Information in Nonfederal Information Systems and Organizations" (available via the internet at http://dx.doi.org/10.6028/NIST.SP.800-171) in effect at the time the solicitation is issued or as authorized by the Contracting

Officer.

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

(B) The Contractor shall submit requests to vary from NIST SP 800-171 in writing to the Contracting Officer, for consideration by the DoD CIO. The Contractor need not implement any security requirement adjudicated by an authorized representative of the

DoD CIO to be nonapplicable or to have an alternative, but equally effective, security measure that may be implemented in its place.

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

(D) If the Contractor intends to use an external cloud service provider to store, process, or transmit any covered defense information in performance of this contract, the Contractor shall require and ensure that the cloud service provider meets security requirements equivalent to those established by the Government for the Federal Risk and Authorization Management

Program (FedRAMP) Moderate baseline (https://www.fedramp.gov/resources/documents/) and that the cloud service provider complies with requirements in paragraphs (c) through (g) of this clause for cyber incident reporting, malicious software, media preservation and protection, access to additional information and equipment necessary for forensic analysis, and cyber incident damage assessment.

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

(c) Cyber incident reporting requirement.

(1) When the Contractor discovers a cyber incident that affects a covered contractor information system or the covered defense information residing therein, or that affects the contractor's ability to perform the requirements of the contract that are designated as operationally critical support and identified in the contract, 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 https://dibnet.dod.mil.

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

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

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

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

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

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

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

(i) Use and release of contractor attributional/proprietary information not created by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is not created by or for DoD is authorized to be released outside of DoD--

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

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

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

(4) For national security purposes, including cyber situational awareness and defense purposes (including with Defense

Industrial Base (DIB) participants in the program at 32 CFR part 236); or

(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 covered defense information, including subcontracts for commercial items, without alteration, except to identify the parties. The Contractor shall determine if the information required for subcontractor performance retains its identity as covered defense information and will require protection under this clause, and, if necessary, consult with the Contracting Officer; and

(2) Require subcontractors to--

(i) Notify the prime Contractor (or next higher-tier subcontractor) when submitting a request to vary from a NIST SP 800-171 security requirement to the Contracting Officer, in accordance with paragraph (b)(2)(ii)(B) of this clause; and

(ii) Provide the incident report number, automatically assigned by DoD, to the prime Contractor (or next higher-tier subcontractor) as soon as practicable, when reporting a cyber incident to DoD as required in paragraph (c) of this clause.

(End of clause)

252.204-7016 - Prohibition on the Acquisition of Covered Defense Telecommunications

Equipment or Services—Representation - DEC 2019

(a) Definitions. As used in this provision, covered defense telecommunications equipment or services has the meaning provided in the clause 252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM)

(https://www.sam.gov) for entities excluded from receiving federal awards for "covered defense telecommunications equipment or services".

(c) Representation. The Offeror represents that it [ ] does, [ ] does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(End of provision)

252.204-7017 - Prohibition on the Acquisition of Covered Defense Telecommunications

Equipment or Services—Representation - MAY 2021

The Offeror is not required to complete the representation in this provision if the Offeror has represented in the provision at

252.204-7016, Covered Defense Telecommunications Equipment or Services--Representation, that it "does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument."

(a) Definitions. Covered defense telecommunications equipment or services, covered mission, critical technology, and substantial or essential component, as used in this provision, have the meanings given in the 252.204-7018 clause, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services, of this solicitation.

(b) Prohibition. Section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits agencies from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities that are excluded when providing any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.

(d) Representation. If in its annual representations and certifications in SAM the Offeror has represented in paragraph (c) of the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services--Representation, that it "does" provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument, then the Offeror shall complete the following additional representation:

The Offeror represents that it [ ] will [ ] will not provide covered defense telecommunications equipment or services as a part of its offered products or services to DoD in the performance of any award resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it "will provide covered defense telecommunications equipment or services," the Offeror shall provide the following information as part of the offer:

(1) A description of all covered defense telecommunications equipment and services offered (include brand or manufacturer;

product, such as model number, original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable).

(2) An explanation of the proposed use of covered defense telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition referenced in paragraph (b) of this provision.

(3) For services, the entity providing the covered defense telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known).

(4) For equipment, the entity that produced or provided the covered defense telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

252.204-7018 - Prohibition on the Acquisition of Covered Defense Telecommunications

Equipment or Services - JAN 2021

Covered defense telecommunications equipment or services means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation, or any subsidiary or affiliate of such entities;

(2) Telecommunications services provided by such entities or using such equipment; or

(3) Telecommunications equipment or services produced or provided by an entity that the Secretary of Defense reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Covered foreign country means--

(1) The People's Republic of China; or

(2) The Russian Federation.

Covered missions means--

(1) The nuclear deterrence mission of DoD, including with respect to nuclear command, control, and communications, integrated tactical warning and attack assessment, and continuity of Government; or

(2) The homeland defense mission of DoD, including with respect to ballistic missile defense.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in

Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration

Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50

U.S.C. 4817).

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition. In accordance with section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91), the contractor shall not provide to the Government any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless the covered defense telecommunication equipment or services are covered by a waiver described in Defense Federal Acquisition Regulation Supplement 204.2104.

(c) Procedures. The Contractor shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities that are excluded when providing any equipment, system, or service, to carry out covered missions, that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.

(d) Reporting.

(1) In the event the Contractor identifies covered defense telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, the Contractor shall report at https://dibnet.dod.mil the information in paragraph (d)(2) of this clause.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

(i) Within 3 business days from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 30 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered defense telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

252.225-7974 - Representation Regarding Business Operations with the Maduro Regime

(Deviation 2020-O0005) - FEB 2020

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

"Agency or instrumentality of the government of Venezuela" means an agency or instrumentality of a foreign state as defined in section 28 U.S.C. 1603(b), with each reference in such section to "a foreign state" deemed to be a reference to "Venezuela."

"Business operations" means engaging in commerce in any form, including acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.

"Government of Venezuela" means the government of any political subdivision of Venezuela, and any agency or instrumentality of the government of Venezuela.

"Person" means--

(1) A natural person, corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group;

(2) Any governmental entity or instrumentality of a government, including a multilateral development institution (as defined in section 1701(c)(3) of the International Financial Institutions Act (22 U.S.C. 262r(c)(3)); and

(3) Any successor, subunit, parent entity, or subsidiary of, or any entity under common ownership or control with, any entity described in paragraphs (1) or (2) of this definition.

(b) Prohibition. In accordance with section 890 of the National Defense Authorization Act for Fiscal Year 2020 (Pub. L. 116-92), contracting officers are prohibited from entering into a contract for the procurement of products or services with any person that has business operations with an authority of the government of Venezuela that is not recognized as the legitimate government of

Venezuela by the United States Government, unless the person has a valid license to operate in Venezuela issued by the Office of Foreign Assets Control of the Department of the Treasury.

(c) Representation. By submission of its offer, the Offeror represents that the Offeror--

(1) Does not have any business operations with an authority of the Maduro regime or the government of Venezuela that is not recognized as the legitimate government of Venezuela by the United States Government; or

(2) Has a valid license to operate in Venezuela issued by the Office of Foreign Assets Control of the Department of the Treasury.

(End of provision)

252.239-7098 - Prohibition on Contracting to Maintain or Establish a Computer Network

Unless Such Network is Designed to Block Access to Certain Websites—Representation

(Deviation 2021-O0003) - APR 2021

(a) In accordance with section 8116 of Division C of the Consolidated Appropriations Act, 2021 (Pub. L. 116-260), or any other

Act that extends to fiscal year 2021 funds the same prohibitions, none of the funds appropriated (or otherwise made available) by this or any other Act for DoD may be used to enter into a contract to maintain or establish a computer network unless such network is designed to block access to pornography websites. This prohibition does not limit the use of funds necessary for any

Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities, or for any activity necessary for the national defense, including intelligence activities.

(b) Representation. By submission of its offer, the Offeror represents that it is not providing as part of its offer a proposal to maintain or establish a computer network unless such network is designed to block access to pornography websites.

52.204-24 - Representation Regarding Certain Telecommunications and Video

Surveillance Services or Equipment - NOV 2021 The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

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

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on

Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-

232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM)

(https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that--

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as

OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered

(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as

OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered

(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

52.204-25 - Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment - NOV 2021

Backhaul means intermediate links between the core…