HC102816R0010_Army_IKs_RFP.docx

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Attached to
Production of U. S. Army Installations Kits (IKs)
Solicitation number
HC1028-16-R-0010
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Request for Proposal (RFP)

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HC1028-16-R-0010

Section B - Supplies or Services and Prices

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

Base Year X- Installation KITS

FFP

CLIN numbers 0001 - 0142 are reserved for the ordering of kits identified in attachment J - 3 Equiment/Pricing. Kits shall be built in accordance with Government Level II drawings and delivered per the instructions of each delivery order.

This CLIN covers IKs for the three-year base period. Pricing is identified in the J-3 attachment as Year 1, Year 2 and Year 3 and priced separately. Specific year pricing, part numbers, quantities and funding will be identifed at the order level.

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

Base Year X - Spare Parts

FFP

CLINS 0143 - 0440 are reserved for spare parts identified on contract attachment J-3 Equipment/Pricing.

This CLIN covers spare part orders for the three-year base period. Pricing is identified in the J-3 attachment as Year 1, Year 2 and Year 3 and priced separately. Specific year pricing, part numbers, quantities and funding will be identifed at the order level.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

Base Year X - T&M Services T&M This CLIN covers services to be performed to update drawings, modify existing KITs and design new KITs.

This CLIN covers T&M Services or the three-year base period. Pricing is identified in the J-3 attachment as Year 1, Year 2 and Year 3 and priced separately. Specific year pricing, quantities and funding will be identifed at the order level.

TOT ESTIMATED PRICE

CEILING PRICE

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

Base Year X - Travel

COST

Travel will be reimbursed in accordance with the Federal Travel Regulation. All travel must be approved by the Contracting Officer Representative prior to making arrangements and executing travel.

This CLIN covers estimate Travel cost for the three-year base period. The NTE for travel is identified in the J-3 attachment.

ESTIMATED COST

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
OPTION
Option Year 1 - Installation KITS

FFP

CLIN numbers 1001 - 1142 are reserved for the ordering of kits identified in attachment J - 3 Equiment/Pricing. Kits shall be built in accordance with Government Level II drawings and delivered per the instructions of each delivery order.

This CLIN covers IKs for Option Year 1. Pricing is identified in the J-3 attachment and priced separately. Specific year pricing, part numbers, quantities and funding will be identifed at the order level.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
OPTION
Option Year 1 - Spare Parts

FFP

CLINS 1143 - 1440 are reserved for spare parts identified on contract attachment J-3 Equipment/Pricing.

This CLIN covers spare part orders for Option Year 1. Pricing is identified in the J-3 attachment and priced separately. Specific year pricing, part numbers, quantities and funding will be identifed at the order level.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
OPTION
Option Year 1 - T&M Services

T&M This CLIN covers services to be performed to update drawings, modify existing KITs and design new KITs.

This CLIN covers T&M Services for Option Year 1. Pricing is identified in the J-3 attachment and priced separately. Specific year pricing, quantities and funding will be identifed at the order level.

TOT ESTIMATED PRICE

CEILING PRICE

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
OPTION
Option Year 1 - Travel

COST

Travel will be reimbursed in accordance with the Federal Travel Regulation. All travel must be approved by the Contracting Officer Representative prior to making arrangements and executing travel.

This CLIN covers estimate Travel cost for Option Year 1. The NTE for travel is identified in the J-3 attachment.

ESTIMATED COST

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
OPTION
Option Year 2- Installation KITS

FFP

CLIN numbers 2001 - 2142 are reserved for the ordering of kits identified in attachment J - 3 Equiment/Pricing. Kits shall be built in accordance with Government Level II drawings and delivered per the instructions of each delivery order.

This CLIN covers IKs for Option Year 2. Pricing is identified in the J-3 attachment and priced separately. Specific year pricing, part numbers, quantities and funding will be identifed at the order level.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
OPTION
Option Year 2 - Spare Parts

FFP

CLINS 2143 - 2440 are reserved for spare parts identified on contract attachment J-3 Equipment/Pricing.

This CLIN covers spare part orders for Option Year 2. Pricing is identified in the J-3 attachment and priced separately. Specific year pricing, part numbers, quantities and funding will be identifed at the order level.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
OPTION
Option Year 2 - T&M Services

T&M This CLIN covers services to be performed to update drawings, modify existing KITs and design new KITs.

This CLIN covers T&M Services for Option Year 2. Pricing is identified in the J-3 attachment and priced separately. Specific year pricing, quantities and funding will be identifed at the order level.

TOT ESTIMATED PRICE

CEILING PRICE

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
OPTION
Option Year 2 - Travel

COST

Travel will be reimbursed in accordance with the Federal Travel Regulation. All travel must be approved by the Contracting Officer Representative prior to making arrangements and executing travel.

This CLIN covers estimate Travel cost for Option Year 2. The NTE for travel is identified in the J-3 attachment.

ESTIMATED COST

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
OPTION
Option Year 3 - Installation KITS

FFP

CLIN numbers 3001- 3142 are reserved for the ordering of kits identified in attachment J - 3 Equiment/Pricing. Kits shall be built in accordance with Government Level II drawings and delivered per the instructions of each delivery order.

This CLIN covers IKs for Option Year 3. Pricing is identified in the J-3 attachment and priced separately. Specific year pricing, part numbers, quantities and funding will be identifed at the order level.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
OPTION
Option Year 3 - Spare Parts

FFP

CLINS 3413 - 3440 are reserved for spare parts identified on contract attachment J-3 Equipment/Pricing.

This CLIN covers spare part orders for Option Year 3. Pricing is identified in the J-3 attachment and priced separately. Specific year pricing, part numbers, quantities and funding will be identifed at the order level.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
OPTION
Option Year 3 - T&M Services

T&M This CLIN covers services to be performed to update drawings, modify existing KITs and design new KITs.

This CLIN covers T&M Services for Option Year 3. Pricing is identified in the J-3 attachment and priced separately. Specific year pricing, quantities and funding will be identifed at the order level.

TOT ESTIMATED PRICE

CEILING PRICE

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
OPTION
Option Year 3 - Travel

COST

Travel will be reimbursed in accordance with the Federal Travel Regulation. All travel must be approved by the Contracting Officer Representative prior to making arrangements and executing travel.

This CLIN covers estimate Travel cost for Option Year 3. The NTE for travel is identified in the J-3 attachment.

ESTIMATED COST

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
OPTION
Option Year 4 - Installation KITS

FFP

CLIN numbers 4001- 4142 are reserved for the ordering of kits identified in attachment J - 3 Equiment/Pricing. Kits shall be built in accordance with Government Level II drawings and delivered per the instructions of each delivery order.

This CLIN covers IKs for Option Year 4. Pricing is identified in the J-3 attachment and priced separately. Specific year pricing, part numbers, quantities and funding will be identifed at the order level.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
OPTION
Option Year 4 - Spare Parts

FFP

CLINS 4143 - 4440 are reserved for spare parts identified on contract attachment J-3 Equipment/Pricing.

This CLIN covers spare part orders for Option Year 4. Pricing is identified in the J-3 attachment and priced separately. Specific year pricing, part numbers, quantities and funding will be identifed at the order level.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
OPTION
Option Year 4 - T&M Services

T&M This CLIN covers services to be performed to update drawings, modify existing KITs and design new KITs.

This CLIN covers T&M Services for Option Year 4. Pricing is identified in the J-3 attachment and priced separately. Specific year pricing, quantities and funding will be identifed at the order level.

TOT ESTIMATED PRICE

CEILING PRICE

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
OPTION
Option Year 4 - Travel

COST

Travel will be reimbursed in accordance with the Federal Travel Regulation. All travel must be approved by the Contracting Officer Representative prior to making arrangements and executing travel.

This CLIN covers estimate Travel cost for Option Year 4. The NTE for travel is identified in the J-3 attachment.

ESTIMATED COST

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
OPTION
Option Year 5 - Installation KITS

FFP

CLIN numbers 5001- 5142 are reserved for the ordering of kits identified in attachment J - 3 Equiment/Pricing. Kits shall be built in accordance with Government Level II drawings and delivered per the instructions of each delivery order.

This CLIN covers IKs for Option Year 5. Pricing is identified in the J-3 attachment and priced separately. Specific year pricing, part numbers, quantities and funding will be identifed at the order level.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
OPTION
Option Year 5 - Spare Parts

FFP

CLINS 5143 - 5440 are reserved for spare parts identified on contract attachment J-3 Equipment/Pricing.

This CLIN covers spare part orders for Option Year 5. Pricing is identified in the J-3 attachment and priced separately. Specific year pricing, part numbers, quantities and funding will be identifed at the order level.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
OPTION
Option Year 5 - T&M Services

T&M This CLIN covers services to be performed to update drawings, modify existing KITs and design new KITs.

This CLIN covers T&M Services for Option Year 5. Pricing is identified in the J-3 attachment and priced separately. Specific year pricing, quantities and funding will be identifed at the order level.

TOT ESTIMATED PRICE

CEILING PRICE

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
OPTION
Option Year 5 - Travel

COST

Travel will be reimbursed in accordance with the Federal Travel Regulation. All travel must be approved by the Contracting Officer Representative prior to making arrangements and executing travel.

This CLIN covers estimate Travel cost for Option Year 5. The NTE for travel is identified in the J-3 attachment.

ESTIMATED COST

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
OPTION
Option Year 6 - Installation KITS

FFP

CLIN numbers 6001- 6142 are reserved for the ordering of kits identified in attachment J - 3 Equiment/Pricing. Kits shall be built in accordance with Government Level II drawings and delivered per the instructions of each delivery order.

This CLIN covers IKs for Option Year 6. Pricing is identified in the J-3 attachment and priced separately. Specific year pricing, part numbers, quantities and funding will be identifed at the order level.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
OPTION
Option Year 6 - Spare Parts

FFP

CLINS 6143 - 6440 are reserved for spare parts identified on contract attachment J-3 Equipment/Pricing.

This CLIN covers spare part orders for Option Year 6. Pricing is identified in the J-3 attachment and priced separately. Specific year pricing, part numbers, quantities and funding will be identifed at the order level.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
OPTION
Option Year 6 - T&M Incidental Services

T&M This CLIN covers services to be performed to update drawings, modify existing KITs and design new KITs.

This CLIN covers T&M Services for Option Year 6. Pricing is identified in the J-3 attachment and priced separately. Specific year pricing, quantities and funding will be identifed at the order level.

TOT ESTIMATED PRICE

CEILING PRICE

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
OPTION
Option Year 6 - Travel

COST

Travel will be reimbursed in accordance with the Federal Travel Regulation. All travel must be approved by the Contracting Officer Representative prior to making arrangements and executing travel.

This CLIN covers estimate Travel cost for Option Year 6. The NTE for travel is identified in the J-3 attachment.

ESTIMATED COST

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
OPTION
Option Year 7 - Installation KITS

FFP

CLIN numbers 7001- 7142 are reserved for the ordering of kits identified in attachment J - 3 Equiment/Pricing. Kits shall be built in accordance with Government Level II drawings and delivered per the instructions of each delivery order.

This CLIN covers IKs for Option Year 7. Pricing is identified in the J-3 attachment and priced separately. Specific year pricing, part numbers, quantities and funding will be identifed at the order level.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
OPTION
Option Year 7 - Spare Parts

FFP

CLINS 7143- 7440 are reserved for spare parts identified on contract attachment J-3 Equipment/Pricing.

This CLIN covers spare part orders for Option Year 7. Pricing is identified in the J-3 attachment and priced separately. Specific year pricing, part numbers, quantities and funding will be identifed at the order level.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
OPTION
Option Year 7 - T&M Services

T&M This CLIN covers services to be performed to update drawings, modify existing KITs and design new KITs.

This CLIN covers T&M Services for Option Year 7. Pricing is identified in the J-3 attachment and priced separately. Specific year pricing, quantities and funding will be identifed at the order level.

TOT ESTIMATED PRICE

CEILING PRICE

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
OPTION
Option Year 7 - Travel

COST

Travel will be reimbursed in accordance with the Federal Travel Regulation. All travel must be approved by the Contracting Officer Representative prior to making arrangements and executing travel.

This CLIN covers estimate Travel cost for Option Year 7. The NTE for travel is identified in the J-3 attachment.

ESTIMATED COST

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$1,000,000.00

$99,400,000.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN
INSPECT AT
INSPECT BY
ACCEPT AT
ACCEPT BY
0001
N/A
N/A
N/A
Government
0143
N/A
N/A
N/A
Government
0441
N/A
N/A
N/A
Government
0442
N/A
N/A
N/A
Government
1001
N/A
N/A
N/A
Government
1143
N/A
N/A
N/A
Government
1441
N/A
N/A
N/A
Government
1442
N/A
N/A
N/A
Government
2001
N/A
N/A
N/A
Government
2143
N/A
N/A
N/A
Government
2441
N/A
N/A
N/A
Government
2442
N/A
N/A
N/A
Government
3001
N/A
N/A
N/A
Government
3413
N/A
N/A
N/A
Government
3441
N/A
N/A
N/A
Government
3442
N/A
N/A
N/A
Government
4001
N/A
N/A
N/A
Government
4143
N/A
N/A
N/A
Government
4441
N/A
N/A
N/A
Government
4442
N/A
N/A
N/A
Government
5001
N/A
N/A
N/A
Government
5143
N/A
N/A
N/A
Government
5441
N/A
N/A
N/A
Government
5442
N/A
N/A
N/A
Government
6001
N/A
N/A
N/A
Government
6143
N/A
N/A
N/A
Government
6441
N/A
N/A
N/A
Government
6442
N/A
N/A
N/A
Government
7001
N/A
N/A
N/A
Government
7143
N/A
N/A
N/A
Government
7441
N/A
N/A
N/A
Government
7442
N/A
N/A
N/A
Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN
DELIVERY DATE
QUANTITY
SHIP TO ADDRESS
DODAAC
0001
N/A
N/A
N/A
N/A
0143
N/A
N/A
N/A
N/A
0441
N/A
N/A
N/A
N/A
0442
N/A
N/A
N/A
N/A
1001
N/A
N/A
N/A
N/A
1143
N/A
N/A
N/A
N/A
1441
N/A
N/A
N/A
N/A
1442
N/A
N/A
N/A
N/A
2001
N/A
N/A
N/A
N/A
2143
N/A
N/A
N/A
N/A
2441
N/A
N/A
N/A
N/A
2442
N/A
N/A
N/A
N/A
3001
N/A
N/A
N/A
N/A
3413
N/A
N/A
N/A
N/A
3441
N/A
N/A
N/A
N/A
3442
N/A
N/A
N/A
N/A
4001
N/A
N/A
N/A
N/A
4143
N/A
N/A
N/A
N/A
4441
N/A
N/A
N/A
N/A
4442
N/A
N/A
N/A
N/A
5001
N/A
N/A
N/A
N/A
5143
N/A
N/A
N/A
N/A
5441
N/A
N/A
N/A
N/A
5442
N/A
N/A
N/A
N/A
6001
N/A
N/A
N/A
N/A
6143
N/A
N/A
N/A
N/A
6441
N/A
N/A
N/A
N/A
6442
N/A
N/A
N/A
N/A
7001
N/A
N/A
N/A
N/A
7143
N/A
N/A
N/A
N/A
7441
N/A
N/A
N/A
N/A
7442
N/A
N/A
N/A
N/A

Section G - Contract Administration Data

CLAUSES INCORPORATED BY FULL TEXT

52.204-9000 POINTS OF CONTACT (AUG 2005)

Contracting Officer Name: Jacqueline Johnson Organization/Office Symbol: DISA/DITCO/PL8322 Phone No.: 618-229-9351 E-Mail Address: jacqueline.d.johnson20.civ@mail.mil

Contract Specialist Name: Julia Brueggermann Organization/Office Symbol: DISA/DITCO/PL8322 Phone No.: 618-229-9585 E-Mail Address: julia.l.brueggemann.civ@mail.mil

COR/Mission Partner Point of Contact (Note: To be filled in upon contract award) Name:

Organization/Office Symbol:

Phone No.:

E-Mail Address:

Contractor Point of Contact (Note: to be filled in upon contact award) Contractor Legal Business Name:

DUNS:

CAGE CODE:

Contractor POC:

E-Mail Address:

Phone Number:

Fax Number:

(End of clause)

52.204-9001 CONTRACT/ORDER CLOSEOUT—FIXED-PRICE, TIME-AND-MATERIALS, OR LABOR-HOURS (JAN 2007)

Timely contract closeout is a priority under this contract/order. The Contractor shall submit a final invoice within ninety (90) calendar days after the expiration of this contract/order, unless the Contractor requests and is granted an extension by the Contracting Officer, in writing. In addition, and concurrent with the submission of the final invoice, the Contractor shall notify the Contracting Officer of the amount of excess funds that can be deobligated from this contract/order so the closeout process can begin as soon as possible upon expiration of this contract/order. A bilateral contract/order closeout modification will be forwarded to the Contractor by the Contracting Officer and must be signed by the Contractor and returned to the Contracting Officer within thirty (30) calendar days of issuance of the modification. A Contractor’s failure to respond and/or sign the bilateral closeout modification within thirty (30) calendar days of receipt will constitute approval of the terms of the modification and the modification will subsequently be processed unilaterally by the Contracting Officer to deobligate excess funds and close this contract/order.

If this contract/order contains option periods, the Contractor is required to submit an invoice within ninety (90) calendar days after expiration of the base period of performance and the expiration of each exercised option period of performance to allow for deobligation of excess funds that were obligated in those respective periods of performance.

Additional Accounting and Appropriation Data

97X4930.5F20 000 C1013 0 068142 2F

CLIN/SubCLIN Purchase Request Number Obligated Amount

· FUNDING FOR THIS CONTRACT WILL BE ISSUED AT THE ORDER LEVEL

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.202-1
Definitions
NOV 2013
52.203-5
Covenant Against Contingent Fees
MAY 2014
52.203-7
Anti-Kickback Procedures
MAY 2014
52.203-13
Contractor Code of Business Ethics and Conduct
OCT 2015
52.204-4
Printed or Copied Double-Sided on Postconsumer Fiber Content Paper
MAY 2011
52.204-7
System for Award Management
JUL 2013
52.204-13
System for Award Management Maintenance
JUL 2013
52.204-15
Service Contract Reporting Requirements for Indefinite-Delivery Contracts
JAN 2014
52.207-4
Economic Purchase Quantity-Supplies
AUG 1987
52.209-3
First Article Approval--Contractor Testing
SEP 1989
52.209-7
Information Regarding Responsibility Matters
JUL 2013
52.211-5
Material Requirements
AUG 2000
52.211-8
Time of Delivery
JUN 1997
52.211-11
Liquidated Damages--Supplies, Services, or Research and Development
SEP 2000
52.211-17
Delivery of Excess Quantities
SEP 1989
52.215-1
Instructions to Offerors--Competitive Acquisition
JAN 2004
52.215-2
Audit and Records--Negotiation
OCT 2010
52.215-8
Order of Precedence--Uniform Contract Format
OCT 1997
52.215-14
Integrity of Unit Prices
OCT 2010
52.215-20
Requirements for Certified Cost or Pricing Data or Information Other Than Certified Cost or Pricing Data
OCT 2010
52.216-29
Time-and-Materials/Labor-Hour Proposal Requirements--Non-Commercial Item Acquisition With Adequate Price Competition
FEB 2007
52.217-4
Evaluation Of Options Exercised At The Time Of Contract Award
JUN 1988
52.217-5
Evaluation Of Options
JUL 1990
52.222-3
Convict Labor
JUN 2003
52.222-4
Contract Work Hours and Safety Standards- Overtime Compensation
MAY 2014
52.222-18
Certification Regarding Knowledge of Child Labor for Listed End Products
FEB 2001
52.222-19
Child Labor -- Cooperation with Authorities and Remedies
FEB 2016
52.222-20
Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000
MAY 2014
52.222-21
Prohibition Of Segregated Facilities
APR 2015
52.222-26
Equal Opportunity
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
52.222-38
Compliance With Veterans' Employment Reporting Requirements
FEB 2016
52.222-41
Service Contract Labor Standards
MAY 2014
52.222-43
Fair Labor Standards Act And Service Contract Labor Standards - Price Adjustment (Multiple Year And Option Contracts)
MAY 2014
52.222-44
Fair Labor Standards And Service Contract Labor Standards- Price Adjustment
MAY 2014
52.222-50
Combating Trafficking in Persons
MAR 2015
52.222-54
Employment Eligibility Verification
OCT 2015
52.223-6
Drug-Free Workplace
MAY 2001
52.223-11
Ozone-Depleting Substances
MAY 2001
52.223-18
Encouraging Contractor Policies To Ban Text Messaging While Driving
AUG 2011
52.225-13
Restrictions on Certain Foreign Purchases
JUN 2008
52.225-20
Prohibition on Conducting Restricted Business Operations in Sudan--Certification
AUG 2009
52.227-1
Authorization and Consent
DEC 2007
52.227-14
Rights in Data--General
MAY 2014
52.227-14 Alt V
Rights in Data--General (MAY 2014) - Alternate V
DEC 2007
52.227-23
Rights to Proposal Data (Technical)
JUN 1987
52.229-3
Federal, State And Local Taxes
FEB 2013
52.232-1
Payments
APR 1984
52.232-8
Discounts For Prompt Payment
FEB 2002
52.232-9
Limitation On Withholding Of Payments
APR 1984
52.232-11
Extras
APR 1984
52.232-17
Interest
MAY 2014
52.232-18
Availability Of Funds
APR 1984
52.232-23
Assignment Of Claims
MAY 2014
52.232-25
Prompt Payment
JUL 2013
52.232-33
Payment by Electronic Funds Transfer--System for Award Management
JUL 2013
52.233-1
Disputes
MAY 2014
52.233-1 Alt I
Disputes (May 2014) - Alternate I
DEC 1991
52.233-2
Service Of Protest
SEP 2006
52.233-3
Protest After Award
AUG 1996
52.233-4
Applicable Law for Breach of Contract Claim
OCT 2004
52.242-2
Production Progress Reports
APR 1991
52.242-13
Bankruptcy
JUL 1995
52.242-15
Stop-Work Order
AUG 1989
52.242-17
Government Delay Of Work
APR 1984
52.243-1
Changes--Fixed Price
AUG 1987
52.243-3
Changes--Time-And-Material Or Labor-Hours
SEP 2000
52.245-1
Government Property
APR 2012
52.245-1 Alt I
Government Property (Apr 2012) Alternate I
APR 2012
52.245-9
Use And Charges
APR 2012
52.246-1
Contractor Inspection Requirements
APR 1984
52.246-2
Inspection Of Supplies--Fixed Price
AUG 1996
52.246-6
Inspection--Time-And-Material And Labor-Hour
MAY 2001
52.246-6 Alt I
Inspection--Time And Material And Labor Hour (May 2001) - Alternate I
APR 1984
52.246-16
Responsibility For Supplies
APR 1984
52.249-2
Termination For Convenience Of The Government (Fixed-Price)
APR 2012
52.249-8
Default (Fixed-Price Supply & Service)
APR 1984
52.252-3
Alterations in Solicitation
APR 1984
52.252-4
Alterations in Contract
APR 1984
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
252.203-7005
Representation Relating to Compensation of Former DoD Officials
NOV 2011
252.203-7996 (Dev)
Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements—Representation (Deviation 2016-O0003)
OCT 2015
252.203-7997 (Dev)
Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (Deviation 2016-O0003)
OCT 2015
252.204-7003
Control Of Government Personnel Work Product
APR 1992
252.204-7006
Billing Instructions
OCT 2005
252.204-7008
Compliance With Safeguarding Covered Defense Information Controls
DEC 2015
252.204-7012
Safeguarding Covered Defense Information and Cyber Incident Reporting.
DEC 2015
252.204-7015
Disclosure of Information to Litigation Support Contractors
FEB 2014
252.205-7000
Provision Of Information To Cooperative Agreement Holders
DEC 1991
252.209-7004
Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism
OCT 2015
252.211-7004
Alternate Preservation, Packaging, and Packing
DEC 1991
252.211-7007
Reporting of Government-Furnished Property
AUG 2012
252.211-7008
Use of Government-Assigned Serial Numbers
SEP 2010
252.216-7002 Alt A
Time-and-Materials/Labor-Hour Proposal Requirements--Non-Commercial Item Acquisition with Adequate Price Competition Alternate A
FEB 2007
252.216-7006
Ordering
MAY 2011
252.217-7026
Identification of Sources of Supply
NOV 1995
252.223-7008
Prohibition of Hexavalent Chromium
JUN 2013
252.225-7001
Buy American And Balance Of Payments Program-- Basic (Nov 2014)
NOV 2014
252.225-7001 Alt I
Buy American Act and Balance of Payments Program --Alternate I (Nov 2014)
NOV 2014
252.225-7002
Qualifying Country Sources As Subcontractors
DEC 2012
252.225-7005
Identification Of Expenditures In The United States
JUN 2005
252.225-7012
Preference For Certain Domestic Commodities
FEB 2013
252.227-7013
Rights in Technical Data--Noncommercial Items
FEB 2014
252.227-7017
Identification and Assertion of Use, Release, or Disclosure Restrictions
JAN 2011
252.232-7003
Electronic Submission of Payment Requests and Receiving Reports
JUN 2012
252.232-7007
Limitation Of Government's Obligation
APR 2014
252.232-7010
Levies on Contract Payments
DEC 2006
252.239-7017
Notice of Supply Chain Risk
NOV 2013
252.239-7018
Supply Chain Risk
OCT 2015
252.243-7001
Pricing Of Contract Modifications
DEC 1991
252.243-7002
Requests for Equitable Adjustment
DEC 2012
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
252.246-7000
Material Inspection And Receiving Report
MAR 2008
252.246-7001
Warranty Of Data
MAR 2014
252.246-7003
Notification of Potential Safety Issues
JUN 2013
252.247-7023
Transportation of Supplies by Sea
APR 2014

52.203-3 GRATUITIES (APR 1984)

(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative--

(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government; and

(2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.

(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.

(c) If this contract is terminated under paragraph (a) of this clause, the Government is entitled--

(1) To pursue the same remedies as in a breach of the contract; and

(2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subparagraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.)

(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2016)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 334111.

(2) The small business size standard is 1,000.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(vi) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xvi) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvii) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies.

(D) If the acquisition value is $77,533 or more but is less than $100,000, the provision with its Alternate III applies.

(xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iii) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(iv) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

(vi) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of provision)

52.209-9000 ORGANIZATIONAL AND CONSULTANT CONFLICTS OF INTEREST (OCCI) (DEC 2005)

(a) An offeror shall identify in its proposal, quote, bid or any resulting contract, any potential or actual Organizational and Consultant Conflicts of Interest (OCCI) as described in FAR Subpart 9.5. This includes actual or potential conflicts of interests of proposed subcontractors. If an offeror identifies in its proposal, quote, bid or any resulting contract, a potential or actual conflict of interests the offeror shall submit an Organizational and Consultant Conflicts of Interest Mitigation Plan to the contracting officer. The Organizational and Consultant Conflicts of Interest Mitigation Plan shall describe how the offeror addresses potential or actual conflicts of interest and identify how they will avoid, neutralize, or mitigate present or future conflicts of interest.

(b) Offerors must consider whether their involvement and participation raises any OCCI issues, especially in the following areas when:

(1) Providing systems engineering and technical direction.

(2) Preparing specifications or work statements and/or objectives.

(3) Providing evaluation services.

(4) Obtaining access to proprietary information.

(c) If a prime contractor or subcontractor breaches any of the OCCI restrictions, or does not disclose or misrepresents any relevant facts concerning its conflict of interest, the government may take appropriate action, including terminating the contract, in additional to any remedies that may be otherwise permitted by the contract or operation of law.

52.215-9000 CROSS REFERENCE MATRIX (DEC 2010)

(a) The purpose of the cross reference matrix is to show critical interrelationships and dependencies among the Work Breakdown Schedule (WBS), Statement of Objective (SOO), Contract Line Items (CLINs), Contract Data Requirements List (CDRL) and Information to Offerors (ITOs). The matrix ensures that all requirements are addressed, requirements do not conflict and solicitation sections are internally consistent.

(b) Cross Referencing. To the greatest extent possible, each proposal volume shall be written on a stand-alone basis so that its contents may be evaluated with a minimum of cross referencing to other volumes of the proposal. Information required for proposal evaluation which is not found in its designated volume will be assumed to have been omitted from the proposal.

(1) Cross referencing within a proposal volume is ONLY permitted where its use would conserve space without impairing clarity. Otherwise, cross referencing within a proposal volume is not permitted.

(2) The offeror shall fill out the cross reference matrix at Attachment of this ITO indicating the proposal reference information as it relates to the ITO, SOW/SOO/PWS, CLIN numbers, and CDRL references found therein. The offeror shall provide a cross reference matrix indicating, by ITO, SOW/SOO/PWS, and/or specification paragraph number, the corresponding proposal paragraph in that section which addresses the referenced item.

(c) Cross Reference Matrix for Prospective Offerors: See paragraph (b) of this provision regarding instructions for completion of the solicitation Cross Reference Matrix. If this matrix conflicts with any other requirement, direction or provision of this solicitation, the other reference shall take precedence over this matrix. Additionally, to the extent this matrix discloses details as to the extent or manner by which the Government intends to evaluate offeror’s proposals for award, Section M references in the matrix are for information purposes only and the Government shall be obligated to evaluate proposals solely in conformance with the provisions of the Section M of the solicitation. An example of the format is shown below:

SOLICITATION CROSS REFERENCE MATRIX

REQ.
WORK
WBS
CLIN
Section
Section
Proposal
SOW
CDRL
IMP
SOO
DOC.
REQ
LEVEL
L
M
3.2.2
Design B
2
0001

N/A

3.3.3
Build A
2
0002
3.B.2

A001 https://www.ditco.disa.mil/DitcoContractingTemplates/doku.php?id=ordering_procedures_for_ex ternal_agencies_dars_clause_52.216-9000

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor prior to expriation of the contract period.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor prior to expiration of any contact period. provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 10 years.

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

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

THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE DETERMINATION

Employee Class Monetary Wage-Fringe Benefits

For reference rates see: WD 05-2247 (Rev.-18) was first posted on www.wdol.gov on 01/05/2016

52.237-9001 ENTERPRISE-WIDE CONTRACTOR MANPOWER REPORTING APPLICATION (eCMRA) REPORTING (JAN 2015)

The contractor shall ensure ALL contractor labor hours including subcontractor, at all levels/tiers, labor hours required for the performance of services provided under this contract are reported via a secure data collection site.

The contractor and all subcontractors, at all levels/tiers, providing direct labor under this contract shall report complete and accurate data for the labor executed during the period of performance during each Government fiscal year (FY), which runs from October 1 to September 30. The Contractor shall input the data into the appropriate eCMRA reporting tool, which can be accessed via a secure web site at http://www.ecmra.mil/. There are four separate eCMRA tools: Army, Air Force, Navy and All Other Defense Components. The appropriate eCMRA reporting tool to use is determined by the requiring activity being supported (e.g., if DISA awards a contract for an Air Force requiring activity, the contractor shall load the required reporting data in the “Department of Air Force CMRA” tool). While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. The contractor shall completely fill in all required data fields. The contractor shall enter initial data into the appropriate eCMRA tool to establish the basic contract record no later than 15 working days after receipt of contract award or contract modification incorporating this clause. The contractor shall notify the COR when the basic contract record has been established in the appropriate eCMRA tool.

eCMRA User Manuals and Frequently Asked Questions (FAQs) are available at http://www.ecmra.mil/

Contractors may direct technical questions to the eCMRA help desk at usaf.pentagon.saf-aq.mbx.cmra-help-desk-dod@mail.mil

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):

http://farsite.hill.af.mil

52.252-2 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

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision.

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

52.252-6 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 (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT

REPORTING (DEVIATION 2016-O0001)(OCT 2015)

(a) Definitions. As used in this clause—

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

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

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

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