HTC711-16-R-R018_Conformed_through_Amend_5.pdf

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HTC711-16-R-R018
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USTRANSCOM-AQ - HTC711

508 SCOTT DR

SCOTT AFB IL 62225-5357

CONTACT BUYER

CONTACT BUYER

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

1,500

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

HTC711-16-R-R018 01-Feb-2016

b. TELEPHONE NUMBER

618-220-7031

8. OFFER DUE DATE/LOCAL TIME

03:00 PM 10 Mar 2016

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX:

NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TEL.

HTC711

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

15. DELIVER TO CODE W915WS 16. ADMINISTERED BY

0000 HQ HQ ARCENT KAND 2 - W915WS

THOMAS, TINA

OPERATION ENDURING FREEDOM

APO AE 09355

TEL: DSN 318-436-8485 FAX:

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

DENISE E. CAMERON

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF

AMERICA

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES

SEE SCHEDULE

481211

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

HUBZONE SB

SET ASIDE: % FOR

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

TEL: EMAIL:

0 COPIES

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.OFFER DATED YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL

ITEMS (CONTINUED)

SEE SCHEDULE

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT

PAGE 2 OF

23. UNIT PRICE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

HTC711-16-R-R018

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 1 Lot Minimum Guarantee

FFP

Base Year - 1 May 2016 - 30 Apr 2017

Minimum Guarantee of $2,500 is applicable to Base Year only. See Attachment

3, CLIN Detail Information, for more details.

FOB: Destination

SIGNAL CODE: a

MAX

NET AMT

PSC Code: V221

UNIT UNIT PRICE MAX AMOUNT

0002 3 Each Positioning, Fixed Wing Aircraft

FFP

Base Year - 1 May 2016 - 30 Apr 2017

Positioning of the three primary aircraft identified in Attachment 2, Aircraft

Identification Table. The invoice shall include supporting documentation.

Payment is not authorized for positioning of alternate aircraft. Payment will not be paid until all aircraft are operational in Afghanistan. See Attachment 3, CLIN

Detail Information, for more details.

UNIT UNIT PRICE MAX AMOUNT

0003 1 Lot Monthly Operation Costs Aircraft 1

FFP

Base Year - 1 May 2016 - 30 Apr 2017

A composite monthly rate to provide aircraft services in accordance with the PWS for each fixed wing aircraft identified in Attachment 2, Aircraft Identification

Table. See Attachment 3, CLIN Detail Information, for more details.

UNIT UNIT PRICE MAX AMOUNT

0004 1 Lot Monthly Operation Costs Aircraft 2

FFP

Base Year - 1 May 2016 - 30 Apr 2017

A composite monthly rate to provide aircraft services in accordance with the PWS for each fixed wing aircraft identified in Attachment 2, Aircraft Identification

Table. See Attachment 3, CLIN Detail Information, for more details.

UNIT UNIT PRICE MAX AMOUNT

0005 1 Lot Monthly Operation Costs Aircraft 3

FFP

Base Year - 1 May 2016 - 30 Apr 2017

A composite monthly rate to provide aircraft services in accordance with the PWS for each fixed wing aircraft identified in Attachment 2, Aircraft Identification

Table. See Attachment 3, CLIN Detail Information, for more details.

UNIT UNIT PRICE MAX AMOUNT

0006 4,500 Hours Flight Hour Rate

FFP

Base Year - 1 May 2016 - 30 Apr 2017

Flight hours for all three primary aircraft identified in Attachment 2, Aircraft

Identification Table, in direct support of this contract in accordance with the PWS.

Flight hours shall be reported and billed in hours and tenths of hours. Hours for orientation flights are not billable against this CLIN. See Attachment 3, CLIN

Detail Information, for more details.

UNIT UNIT PRICE MAX AMOUNT

0007 1 Lot Reimbursables – Recurring (Fuel)

COST

Base Year - 1 May 2016 - 3o Apr 2017

Estimated cost reimbursement for aircraft fuel in direct support of this contract is

$2,976,000. All indirect costs, such as overhead, G&A, profit, etc, are specifically prohibited. See Attachment 3, CLIN Detail Information, for more details.

MAX COST

UNIT UNIT PRICE MAX AMOUNT

0008 1 Lot Reimbursables – Non-Recurring

COST

Base Year - 1 May 2016 - 30 Apr 2017

Estimated cost reimbursement of purchases made when GFE listed in the PWS is not provided but determined necessary by the Government and approved by the

Contracting Officer is $500,000. See Attachment 3, CLIN Detail Information, for more details.

UNIT UNIT PRICE MAX AMOUNT

0009 3 Each Depositioning Aircraft

FFP

Base Year - 1 May 2016 - 30 Apr 2017

Depositioning of the three primary aircraft identified in Attachment 2, Aircraft

Identification Table. The invoice shall include supporting documentation.

Payment is not authorized for depositioning of alternate aircraft. Payment will not be paid until the aircraft is depositioned to the location identified in Attachment 2.

See Attachment 3, CLIN Detail Information, for more details

UNIT UNIT PRICE MAX AMOUNT

1003 1 Lot OPTION Monthly Operation Costs Aircraft 1

FFP

Option Period One - 1 May 2017 - 30 Apr 2018

A composite monthly rate to provide aircraft services in accordance with the PWS for each fixed wing aircraft identified in Attachment 2, Aircraft Identification

Table. See Attachment 3, CLIN Detail Information, for more details.

UNIT UNIT PRICE MAX AMOUNT

1004 1 Lot OPTION Monthly Operation Costs Aircraft 2

FFP

Option Period One - 1 May 2017 - 30 Apr 2018

A composite monthly rate to provide aircraft services in accordance with the PWS for each fixed wing aircraft identified in Attachment 2, Aircraft Identification

Table. See Attachment 3, CLIN Detail Information, for more details.

UNIT UNIT PRICE MAX AMOUNT

1005 1 Lot OPTION Monthly Operation Costs Aircraft 3

FFP

Option Period One - 1 May 2017 - 30 Apr 2018

A composite monthly rate to provide aircraft services in accordance with the PWS for each fixed wing aircraft identified in Attachment 2, Aircraft Identification

Table. See Attachment 3, CLIN Detail Information, for more details.

UNIT UNIT PRICE MAX AMOUNT

1006 4,500 Hours OPTION Flight Hour Rate

FFP

Option Period One - 1 May 2017 - 30 Apr 2018

Flight hours for all three primary aircraft identified in Attachment 2, Aircraft

Identification Table, in direct support of this contract in accordance with the PWS.

Flight hours shall be reported and billed in hours and tenths of hours. Hours for orientation flights are not billable against this CLIN. See Attachment 3, CLIN

Detail Information, for more details.

UNIT UNIT PRICE MAX AMOUNT

1007 1 Lot OPTION Reimbursables – Recurring (Fuel)

COST

Option Period One - 1 May 2017 - 30 Apr 2018

Estimated cost reimbursement for aircraft fuel in direct support of this contract is

$3,024,000. All indirect costs, such as overhead, G&A, profit, etc, are specifically prohibited. See Attachment 3, CLIN Detail Information, for more details.

UNIT UNIT PRICE MAX AMOUNT

1008 1 Lot OPTION Reimbursables – Non-Recurring

COST

Option Period One - 1 May 2017 - 30 Apr 2018

Estimated cost reimbursement of purchases made when GFE listed in the PWS is not provided but determined necessary by the Government and approved by the

Contracting Officer is $508,000. See Attachment 3, CLIN Detail Information, UNIT UNIT PRICE MAX AMOUNT

1009 3 Each OPTION Depositioning Aircraft

FFP

Option Period One - 1 May 2017 - 30 Apr 2018

Depositioning of the three primary aircraft identified in Attachment 2, Aircraft

Identification Table. The invoice shall include supporting documentation.

Payment is not authorized for depositioning of alternate aircraft. Payment will not

UNIT UNIT PRICE MAX AMOUNT

2003 1 Lot OPTION Monthly Operation Costs Aircraft 1

FFP

Option Period Two - 1 May 2018 - 30 Apr 2019

A composite monthly rate to provide aircraft services in accordance with the PWS for each fixed wing aircraft identified in Attachment 2, Aircraft Identification

Table. See Attachment 3, CLIN Detail Information, for more details.

UNIT UNIT PRICE MAX AMOUNT

2004 1 Lot OPTION Monthly Operation Costs Aircraft 2

FFP

Option Period Two - 1 May 2018 - 30 Apr 2019

A composite monthly rate to provide aircraft services in accordance with the PWS for each fixed wing aircraft identified in Attachment 2, Aircraft Identification

Table. See Attachment 3, CLIN Detail Information, for more details.

UNIT UNIT PRICE MAX AMOUNT

2005 1 Lot OPTION Monthly Operation Costs Aircraft 3

FFP

Option Period Two - 1 May 2018 - 30 Apr 2019

A composite monthly rate to provide aircraft services in accordance with the PWS for each fixed wing aircraft identified in Attachment 2, Aircraft Identification

Table. See Attachment 3, CLIN Detail Information, for more details.

UNIT UNIT PRICE MAX AMOUNT

2006 4,500 Hours OPTION Flight Hour Rate

FFP

Option Period Two - 1 May 2018 - 30 Apr 2019

Flight hours for all three primary aircraft identified in Attachment 2, Aircraft

Identification Table, in direct support of this contract in accordance with the PWS.

Flight hours shall be reported and billed in hours and tenths of hours. Hours for orientation flights are not billable against this CLIN. See Attachment 3, CLIN

Detail Information, for more details.

UNIT UNIT PRICE MAX AMOUNT

2007 1 Lot OPTION Reimbursables – Recurring (Fuel)

COST

Option Period Two -1 May 2018 - 30 Apr 2019

Estimated cost reimbursement for aircraft fuel in direct support of this contract is

$3,072,000. All indirect costs, such as overhead, G&A, profit, etc, are specifically prohibited. See Attachment 3, CLIN Detail Information, for more details.

UNIT UNIT PRICE MAX AMOUNT

2008 1 Lot OPTION Reimbursables – Non-Recurring

COST

Option Period Two - 1 May 2018 - 30 Apr 2019

Estimated cost reimbursement of purchases made when GFE listed in the PWS is not provided but determined necessary by the Government and approved by the

Contracting Officer is $516,000. See Attachment 3, CLIN Detail Information, UNIT UNIT PRICE MAX AMOUNT

2009 3 Each OPTION Depositioning Aircraft

FFP

Option Period Two - 1 May 2018 - 30 Apr 2019

Depositioning of the three primary aircraft identified in Attachment 2, Aircraft

Identification Table. The invoice shall include supporting documentation.

Payment is not authorized for depositioning of alternate aircraft. Payment will not

UNIT UNIT PRICE MAX AMOUNT

3003 1 Lot OPTION Monthly Operation Costs Aircraft 1

FFP

Option Period Three - 1 May 2019 - 30 Apr 2020

A composite monthly rate to provide aircraft services in accordance with the PWS for each fixed wing aircraft identified in Attachment 2, Aircraft Identification

Table. See Attachment 3, CLIN Detail Information, for more details.

UNIT UNIT PRICE MAX AMOUNT

3004 1 Lot OPTION Monthly Operation Costs Aircraft 2

FFP

Option Period Three -1 May 2019 - 30 Apr 2020

A composite monthly rate to provide aircraft services in accordance with the PWS for each fixed wing aircraft identified in Attachment 2, Aircraft Identification

Table. See Attachment 3, CLIN Detail Information, for more details.

UNIT UNIT PRICE MAX AMOUNT

3005 1 Lot OPTION Monthly Operation Costs Aircraft 3

FFP

Option Period Three - 1 May 2019 - 30 Apr 2020

A composite monthly rate to provide aircraft services in accordance with the PWS for each fixed wing aircraft identified in Attachment 2, Aircraft Identification

Table. See Attachment 3, CLIN Detail Information, for more details.

UNIT UNIT PRICE MAX AMOUNT

3006 4,500 Hours OPTION Flight Hour Rate

FFP

Option Period Three - 1 May 2019 - 30 Apr 2020

Flight hours for all three primary aircraft identified in Attachment 2, Aircraft

Identification Table, in direct support of this contract in accordance with the PWS.

Flight hours shall be reported and billed in hours and tenths of hours. Hours for orientation flights are not billable against this CLIN. See Attachment 3, CLIN

Detail Information, for more details.

UNIT UNIT PRICE MAX AMOUNT

3007 1 Lot OPTION Reimbursables – Recurring (Fuel)

COST

Option Period Three - 1 May 2019 - 30 Apr 2020

Estimated cost reimbursement for aircraft fuel in direct support of this contract is

$3,121,000. All indirect costs, such as overhead, G&A, profit, etc, are specifically prohibited. See Attachment 3, CLIN Detail Information, for more details.

UNIT UNIT PRICE MAX AMOUNT

3008 1 Lot OPTION Reimbursables – Non-Recurring

COST

Option Period Three - 1 May 2019 - 30 Apr 2020

Estimated cost reimbursement of purchases made when GFE listed in the PWS is not provided but determined necessary by the Government and approved by the

Contracting Officer is $524,000. See Attachment 3, CLIN Detail Information, for more details.

UNIT UNIT PRICE MAX AMOUNT

3009 3 Each OPTION Depositioning Aircraft

FFP

Option Period Three - 1 May 2019 - 30 Apr 2020

Depositioning of the three primary aircraft identified in Attachment 2, Aircraft

Identification Table. The invoice shall include supporting documentation.

Payment is not authorized for depositioning of alternate aircraft. Payment will not

UNIT UNIT PRICE MAX AMOUNT

4003 1 Lot OPTION Monthly Operation Costs Aircraft 1

FFP

Option Period Four - 1 May 2020 - 30 Apr 2021

A composite monthly rate to provide aircraft services in accordance with the PWS for each fixed wing aircraft identified in Attachment 2, Aircraft Identification

Table. See Attachment 3, CLIN Detail Information, for more details.

UNIT UNIT PRICE MAX AMOUNT

4004 1 Lot OPTION Monthly Operation Costs Aircraft 2

FFP

Option Period Four - 1 May 2020 - 30 Apr 2021

A composite monthly rate to provide aircraft services in accordance with the PWS for each fixed wing aircraft identified in Attachment 2, Aircraft Identification

Table. See Attachment 3, CLIN Detail Information, for more details.

UNIT UNIT PRICE MAX AMOUNT

4005 1 Lot OPTION Monthly Operation Costs Aircraft 3

FFP

Option Period Four - 1 May 2020 - 30 Apr 2021

A composite monthly rate to provide aircraft services in accordance with the PWS for each fixed wing aircraft identified in Attachment 2, Aircraft Identification

Table. See Attachment 3, CLIN Detail Information, for more details.

UNIT UNIT PRICE MAX AMOUNT

4006 4,500 Hours OPTION Flight Hour Rate

FFP

Option Period Four - 1 May 2020 - 30 Apr 2021

Flight hours for all three primary aircraft identified in Attachment 2, Aircraft

Identification Table, in direct support of this contract in accordance with the PWS.

Flight hours shall be reported and billed in hours and tenths of hours. Hours for orientation flights are not billable against this CLIN. See Attachment 3, CLIN

Detail Information, for more details.

UNIT UNIT PRICE MAX AMOUNT

4007 1 Lot OPTION Reimbursables – Recurring (Fuel)

COST

Option Period Four - 1 May 2020 - 30 Apr 2021

Estimated cost reimbursement for aircraft fuel in direct support of this contract is

$3,171,000. All indirect costs, such as overhead, G&A, profit, etc, are specifically prohibited. See Attachment 3, CLIN Detail Information, for more details.

UNIT UNIT PRICE MAX AMOUNT

4008 1 Lot OPTION Reimbursables – Non-Recurring

COST

Option Period Four - 1 May 2020 - 30 Apr 2021

Estimated cost reimbursement of purchases made when GFE listed in the PWS is not provided but determined necessary by the Government and approved by the

Contracting Officer is $532,000. See Attachment 3, CLIN Detail Information, UNIT UNIT PRICE MAX AMOUNT

4009 3 Each OPTION Depositioning Aircraft

FFP

Option Period Four - 1 May 2020 - 30 Apr 2021

This CLIN will only provide reimbursement for the actual depositioning of the three primary fixed wing aircraft to the location identified in the contract, or a location later agreed upon between the contractor and the Contracting Officer.

See attachment 3.

CLIN DELIVERY/TASK ORDER MIN

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITYAND CLIN ORDER VALUE

The minimum order value for this Indefinite Delivery/Indefinite Quantity contract is established at $2500 for the contract base year. The minimum is satisfied when the contractor is given a task order, or multiple task orders which result in a combined value of $2500 or more. The guaranteed minimum applies only to the contract Base Year and does not apply to the Option Years.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0002 Destination Government Destination Government

0003 Destination Government Destination Government

0004 Destination Government Destination Government

0005 Destination Government Destination Government

0006 Destination Government Destination Government

0007 Destination Government Destination Government

0008 Destination Government Destination Government

0009 Destination Government Destination Government

1003 Destination Government Destination Government

1004 Destination Government Destination Government

1005 Destination Government Destination Government

1006 Destination Government Destination Government

1007 Destination Government Destination Government

1008 Destination Government Destination Government

1009 Destination Government Destination Government

2003 Destination Government Destination Government

2004 Destination Government Destination Government

2005 Destination Government Destination Government

2006 Destination Government Destination Government

2007 Destination Government Destination Government

2008 Destination Government Destination Government

2009 Destination Government Destination Government

3003 Destination Government Destination Government

3004 Destination Government Destination Government

3005 Destination Government Destination Government

3006 Destination Government Destination Government

3007 Destination Government Destination Government

3008 Destination Government Destination Government

3009 Destination Government Destination Government

4003 Destination Government Destination Government

4004 Destination Government Destination Government

4005 Destination Government Destination Government

4006 Destination Government Destination Government

4007 Destination Government Destination Government

4008 Destination Government Destination Government

4009 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 01-MAY-2016 TO

30-APR-2017

N/A 0000 HQ HQ ARCENT KAND 2 - W915WS

THOMAS, TINA

OPERATION ENDURING FREEDOM

APO AE 09355

DSN 318-436-8485

W915WS

0002 POP 01-MAY-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-MAY-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 01-MAY-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 01-MAY-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 01-MAY-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

0007 POP 01-MAY-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

0008 POP 01-MAY-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

0009 POP 01-MAY-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 01-MAY-2017 TO

30-APR-2018

N/A (SAME AS PREVIOUS LOCATION)

1004 POP 01-MAY-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

1005 POP 01-MAY-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

1006 POP 01-MAY-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

1007 POP 01-MAY-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

1008 POP 01-MAY-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

1009 POP 01-MAY-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 11-MAY-2018 TO

30-APR-2019

N/A (SAME AS PREVIOUS LOCATION)

2004 POP 01-MAY-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

2005 POP 01-MAY-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

2006 POP 01-MAY-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

2007 POP 01-MAY-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

2008 POP 01-MAY-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

2009 POP 01-MAY-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

3003 POP 01-MAY-2019 TO

30-APR-2020

N/A (SAME AS PREVIOUS LOCATION)

3004 POP 01-MAY-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

3005 POP 01-MAY-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

3006 POP 01-MAY-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

3007 POP 01-MAY-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

3008 POP 01-MAY-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

3009 POP 01-MAY-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

4003 POP 01-MAY-2020 TO

30-APR-2021

N/A (SAME AS PREVIOUS LOCATION)

4004 POP 01-MAY-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

4005 POP 01-MAY-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

4006 POP 01-MAY-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

4007 POP 01-MAY-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

4008 POP 01-MAY-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

4009 POP 01-MAY-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984

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

52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(Sep 2006) -- Alternate I

OCT 1995

52.204-10 Reporting Executive Compensation and First-Tier Subcontract

Awards

OCT 2015

52.204-13 System for Award Management Maintenance JUL 2013

52.204-18 Commercial and Government Entity Code Maintenance JUL 2015

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for

Debarment

OCT 2015

52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

JUL 2013

52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.212-1 Instructions to Offerors--Commercial Items OCT 2015

52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015

52.222-50 Combating Trafficking in Persons MAR 2015

52.222-56 Certification Regarding Trafficking in Persons Compliance

Plan.

MAR 2015

52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-19 Contractor Personnel in a Designated Operational Area or

Supporting a Diplomatic or Consular Mission Outside the

United States

MAR 2008

52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014

52.232-18 Availability Of Funds APR 1984

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

Management

JUL 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996

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

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7003 Agency Office of the Inspector General DEC 2012

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

Contractor Reported Cyber Incident Information

AUG 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

252.222-7007 Representation Regarding Combating Trafficking in Persons FEB 2015

252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business

Concerns

SEP 2004

252.228-7003 Capture and Detention DEC 1991

252.229-7014 TAXES—FOREIGN CONTRACTS IN AFGHANISTAN DEC 2015

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006

252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.244-7000 Subcontracts for Commercial Items JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2013-O0019) (JAN 2016)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(b)

(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(v) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xi)

X (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xiv) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section

862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx

1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

52.216-18 ORDERING. (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 1 May 2016 through 30 Apr 2021 or through the end of any extention period in accordance with FAR 52.217-8, Option to

Extend Services, but not later than 31 Oct 2021.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the

Schedule.

(End of clause)

52.216-19 ORDER LIMITATIONS. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 1 aircraft, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor:

(1) Any order for a single item in excess of 10 flying hours per day per aircraft;

(2) Any order for a combination of items in excess of 1800 flight hours per aircraft per year; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal

Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the

Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons.

Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 INDEFINITE QUANTITY. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and

Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 30 Apr 2022.

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 within 30 days before the contract expires.

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 within 15 days;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 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 66 months.

252.203-7997 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS (DEVIATION 2016-O0003)(OCT 2015)

(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The Contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form

312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d)(1) Use of funds appropriated (or otherwise made available) by the Continuing Appropriations Act, 2016 (Pub. L.

114-53) or any other FY 2016 appropriations act that extends to FY 2016 funds the same prohibitions as contained in sections 743 of division E, title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub.

L. 113-235) may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT

REPORTING (DEC 2015)

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

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

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

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

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

Controlled technical information means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination.

Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical

Documents. The term does not include information that is lawfully publicly available without restrictions.

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

Covered defense information means unclassified information that--

(i) Is--

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

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

(ii) Falls in any of the following categories:

(A) Controlled technical information.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Government and therefore are not subject to the security requirement specified at paragraph (b)(1)(i) of this clause--

(A) The security requirements in National Institute of Standards and Technology (NIST) Special Publication (SP)

800-171, ``Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations,'' http://dx.doi.org/10.6028/NIST.SP.800-171 that is in effect at the time the solicitation is issued or as authorized by the Contracting Officer, as soon as practical, but not later than December 31, 2017. The Contractor shall notify the

DoD CIO, via email at osd.dibcsia@mail.mil, within 30 days of contract award, of any security requirements specified by NIST SP 800-171 not implemented at the time of contract award; or

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

and

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

(c) Cyber incident reporting requirement.

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

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

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

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

(3) Medium assurance certificate requirement. In order to report cyber incidents in accordance with this clause, the

Contractor or subcontractor shall have or acquire a DoD-approved medium assurance certificate to report cyber incidents. For information on obtaining a DoD-approved medium assurance certificate, see http://iase.disa.mil/pki/eca/Pages/index.aspx.

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

Contracting Officer.

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

(f) Access to additional information or equipment necessary for forensic analysis. Upon request by DoD, the

Contractor shall provide DoD with access to additional information or equipment that is necessary to conduct a forensic analysis.

http://dx.doi.org/10.6028/NIST.SP.800-171 mailto:osd.dibcsia@mail.mil http://dibnet.dod.mil/ http://dibnet.dod.mil/ http://iase.disa.mil/pki/eca/Pages/index.aspx

(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…

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