M67400-16-T-0009.doc

Section SF 1449 - CONTINUATION SHEET

MFF TRAINING

FFP

The contractor shall provide training as defined in SOW.

FOB: Destination

MILSTRIP: M1301116SU00001

PURCHASE REQUEST NUMBER: M1301116SU00001

NET AMT

TRAINING SUPPORT

The Contrator shall provide classroom space and accomodations as defined in SOW.

FOB: Destination

NET AMT

AIRCRAFT BLADE HOURS

Total of 60 blade hours as defined in the SOW.

FOB: Destination

NET AMT

FFP

The contractor shall provide training as defined in SOW.

FOB: Destination

NET AMT

FFP

The Contrator shall provide classroom space and accomodations as defined in SOW.

NET AMT

FFP

Total of 60 blade hours as defined in the SOW.

NET AMT

FFP

The contractor shall provide training as defined in SOW.

NET AMT

FFP

The Contrator shall provide classroom space and accomodations as defined in SOW.

NET AMT

FFP

Total of 60 blade hours as defined in the SOW.

NET AMT

CLAUSES INCORPORATED BY FULL TEXT

SUBMISSION OF QUOTE

The Offeror is required to submit as its offer the following:

PLEASE NOTE FAILURE TO SUBMIT ANY OF THE INFORMATION REQUIRED BY THIS SECITON MAY RESULT IN A NON-RESPONSIVE DETERMINATION:

(X) SF1449 (Solicitation M67400-16-T-0009) completed.

(X) SF30 Amendment (s) (if applicable) signed.

(X) Offeror shall submit three separate volumes:

Volume I – (Technical & Past Performance Information): Offerors shall submit one (1) original copy and one (1) redacted version (The redacted version is used during the technical evaluation and therefore; it should be without company logo, identifying marks and names must be redacted. Failure to provide a redacted copy may result in a non-responsive determination. The Government will validate Offeror’s redacted company information but will not make changes to the Offeror’s provided redacted proposal either to add or delete redacted text/graphics/etc.).

1). Task Understanding (See FAR 52.212-2)

- The Offeror shall provide the methodology and detail as to how the Offeror intends to perform the tasks as specified in the Statement of Work (SOW). In particular, the Offeror shall provide specific details of how the Offeror will fulfill all the required tasks of the SOW.

2). Qualifications/Certifications/Experience (See FAR 52.212-2)

- The Government shall evaluate the Offeror's proposed minimum qualifications, certifications, experience, and specialized experience that the individuals will possess for each of the support areas identified in the SOW. The following applies:

1. Aircraft must be an approved Air Mobility Command (AMC) aircraft, which is authorized to conduct parachute operations with DOD personnel. The aircraft must be capable of supporting 10 combat loaded Marines and 2 Free Fall Jump Masters. Contractor shall provide proof of AMC certification.

3). Past Performance Information List, to include relevant and recent contracts and subcontracts over the past three (3) years but limited to the most recent five (5) contracts, for the same or similar services (See Attachment II.)

Offerors shall provide no more than five (5) past performances references for the prime and any subcontractor. Emphasis should be placed on similar services to this requirement performed within the last three (3) years. Include the following fields:

- Customer;

- Contract/Task Order number;

- Contract type;

- Program name;

- Total contract value;

- Identification of any Key Staff involved;

- Description of work performed / relevance to this task, provided in ‘bullet’ format;

- Names / telephone numbers / e-mail for the PCO and COR

The Government may also use other information such as CPARS/PPRIS data available from Government sources to evaluate an Offeror’s past performance. The Government reserves the right to limit or expand the number of references it decides to contact and to contact references other than those provided by the Offeror. Offerors demonstrating significant, relevant experience with specific requirements set forth in the SOW will be evaluated most favorably. Offerors demonstrating less significant and less relevant experience with the requirements in the SOW will be evaluated less favorably.

Offerors are directed to provide references on the Past Performance Information List on no more than five (5) of the Offeror’s most recently completed, or currently on-going, Federal Government or Commercial contracts, not to exceed 3 years since completion for like or similar services to those to be provided under this RFP. Offerors may submit performance data regarding current contract performance as long as a minimum of one (1) year of performance has been completed as of the closing date of this RFQ.

The offeror has both the duty and discretion to determine which of its prior contracts are most relevant to the currently described requirements. However, the offeror should consider that the Government shall give special attention to past performance relating to the United States Federal Government. Commercial contracts will be considered.

If the offeror is unable to provide five (5) relevant contracts for the past performance evaluation, a lesser number may be submitted.

The offeror may also submit relevant contracts performed by subcontractors that will perform under this contract, but under no circumstances may an offeror submit more than five (5) contracts for review, regardless of whether the contracts were performed by the offeror, subcontractor(s), or any combination thereof. Any submission(s) in excess of this stated limit will be excluded by the Government. The Government will choose the excluded contract(s) at random, or in any manner that the Government, in their absolute discretion, deems appropriate, without any consideration for the best interests of the offeror. If subcontractor contracts are submitted, the offeror must also clearly indicate the percentage of work that the subcontractor(s) performed under each task/category of effort throughout the course of the contract.

If the offeror possesses no relevant past performance, it should affirmatively state this fact in the Past Performance Information List. Failure to submit the completed Past Performance Information List shall be considered certification (by signature on the offer) that the offeror has no past performance for like or similar items for the Government to evaluate.

The Contractor is required to be authorized to perform/operate in the country of Japan in accordance with DFARS252.225-7042 entitled, “Authorization to Perform.” The Contractor may be required to submit a copy of its business license/permission upon request by the Government.

Volume II- (Price) shall contain all the pricing information, to include a copy of the Offeror’s Audited Balance Sheet and Income Statement. Only one (1) original copy shall be submitted.

This Volume shall contain the information requested below and shall include a copy of Section SF1449 – CONTINUATION SHEET with the Contract Line Item (CLIN) Unit Prices and for evaluation purposes, the Total Prices filled in (Supplies and/or Services and Prices and/or Costs) using the estimated quantities value in the solicitation and the instructions below.

Example of SF1449 continuation sheet that requires information.

FFP

The contractor shall provide support services as required by the Performance Work Statement.

******* These are items that are to be filled in on the SF1449 continuation sheets for each CLIN found on the solicitation.

The offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

Volume III- (Offeror’s Representations and Certifications) shall contain all information regarding

Offeror’s Representations and Certifications or a validation that System for Award Management (SAM) registration Online Representations and Certifications Application (ORCA) information is up to date and includes all the necessary representations and certifications. Only one (1) original copy shall be submitted for Volume III.

1). Offeror Representations and Certifications FAR 52.212-3 and FAR 52.209-5 completed.

Proposal Format. Offerors shall prepare and submit their proposals as set forth in Table 1. The titles and contents of the sections are defined in Table 1 of this document, all of which shall be within the required page limits (including all attachments, figures, etc.) and with the number of copies specified in the table. An electronic copy of all documents (technical, past performance information list and price) shall be submitted. Proposals shall be prepared using “Arial” or “Times New Roman” 11-point font style on 8½ x 11 inch or Japanese A4 size. Tables and illustrations may use a reduced font style, not less than 8 points. Margins shall be one (1) inch on all sides. All material submitted may be single-spaced. Offerors should ensure that each page provides identification of the submitting Offeror in the header or footer.

Table 1 – Required Format for RFQ

Note to Offerors:

1) All and any communications/questions pertaining to this solicitation must be submitted in writing to the responsible Contracting Specialist, Kazuho Tamayose, no later than 20 November 2015 @ 08:00 Japan Standard Time. If an Offeror believes that the requirements in these instructions contain an error, omission, or are otherwise unsound, the Offeror shall immediately notify the Contract Specialist in writing with supporting rationale. The Offeror is reminded that the Government reserves the right to award this effort based on the initial quote, as received, without discussions.

Point of Contact:

MCIPAC Regional Contracting Office

Attn: Kazuho Tamayose

PSC 557 Box 2000

FPO AP 96379-2000

Phone: 81-98-970-8531 (International) / 098-970-8531 (Local)

Fax: 81-98-970-0969 (International) / 098-970-0969 (Local)

E-mail: kazuho.tamayose.ja@usmc.mil

2) Offers may be submitted by mail, courier, or facsimile. Facsimile offers are subject to the same rules as paper offers. The Government reserves the right to make award solely on the offers received or enter into “discussions”. Offerors bear the burden of ensuring that offers (and any authorized modifications) reach the designated office on time and should allow a reasonable time for facsimile transmissions to be completed.

3) Offers may be submitted electronically (emailed); however, due to government computer firewall security, please be advised that it is the Offeror’s responsibility to ensure that the Contracting Office receives all required documents.

4) All pages of the offer must reach the office before the deadline specified on the solicitation. Pages of a facsimile transmission that arrive in the office after the specified deadline will be marked as late. The Offeror bears the risk of non-receipt of facsimile transmissions and should confirm by telephone that any facsimile was received. Any facsimile transmission must clearly state the solicitation number and the name of the Contract Specialist on the first page, to ensure proper receipt.

5) Offeror’s expenses incurred as a result of proposal preparation shall not be reimbursed by the U.S. Government.

SYSTEM FOR AWARD MANAGEMENT (SAM) VALIDATION

Effective 01 March 1999 all payments made by the government will be made by Electronic Fund Transfer (EFT). All DoD Contractors are now required to be registered within the SAM database prior to award, during performance and throughout final payment of any contract resulting from this request for quotation. Offerors may obtain information on registration and annual confirmation requirements by calling 1-312-463-3376 or via the Internet at: https://www.sam.gov. Registration on line will normally take 5 business days vice the standard 30 days processing time required through other methods.

The following information must be provided with this quotation:

Commercial And Government Entity Code (CAGE). ____________________ (U.S. Vendor Only)

NATO Commercial And Government Entity Code (NCAGE). ____________________ (Foreign Vendor Only)

Taxpayer Identification Number (TIN). _____________________________

Data Universal Numbering System (DUNS). __________________________

By submitting the above information, offerors are affirming that they are registered in the SAM database.

STATEMENT OF WORK

INTRODUCTION

January 2016 – February 2016, Marines of 3D Reconnaissance Battalion, 3D MARDIV will conduct Parachute Operations, attend classroom instruction, and participate in practical applications that will provide them an in-depth understanding of what is required to transition from MC-7 Static Line parachute to the Multi-Mission Parachute System for the conduct of High Altitude High Opening (HAHO) parachute operations in a combat environment. This skill set greatly enhances the capability of the Battalion to execute tactical infiltrations, under the cover of darkness, in support of deep reconnaissance missions. Enemy forces operate in a wide range of geographical locations, and the ability to insert without detection or risk to the operator is imperative to mission success. A compromise during or immediately following a HAHO insert puts the lives of Marines in jeopardy and can have huge consequences for the mission itself or follow-on force’s mission. Training this skill within Division Reconnaissance will increase their ability to operate forward of friendly lines, and provide 3D MARDIV Commanders the eyes and ears ahead of maneuver units to report essential information on enemy forces.

TRAINING OBJECTIVES

I. Phase 1 Double Bag Static Line (DBSL) – (25 January 2016 – 06 February 2016) 3d Reconnaissance Battalion conducts Double Bag Static Line(DBSL) parachute training to qualify (4) 8-man teams for HAHO insert. The formal instruction and evaluation of the course and Marines executing training will be supervised by (1) USMC Airborne Mobile Training Team member from Quantico, VA (3d Reconnaissance Battalion is responsible for all coordination and expenses of this Instructor/Evaluator). Classroom instruction will take place in the classroom area provided by the Contractor from 25 – 28 January. Practical application with aircraft will occur from 29 January 2016 – 4 February 2016, with 5-6 February 2016 scheduled for weather days if needed. Practical application and evaluation will only be conducted by 3d Reconnaissance Marines students and instructors and the (1) USMC AMTT instructor, with no Contractor provided instruction required from 25 January 2016 – 6 February 2016. During parachute operations for this phase of training the Contractor will establish jumper recovery capability and air medical evacuation coordination. From 29 January 2016 – 6 February 2016 3d Double Bag Static Line (DBSL) students and instructors will be exiting from the CASA-212 provided by the Contractor.

II. Phase 3 Advanced HAHO Infiltration Instruction - (07 February 2016 – 19 February 2016) SCOPE: Parachute operations must include HAHO/HALO parachute jumps to satisfy the desired programs of instruction.

TASKS

CONTRACTOR PROVIDED:

1. The Contractor shall provide one CASA-212 aircraft capable of conducting military HAHO parachute operations from an altitude not to exceed 20,000ft MSL. This aircraft must be a DOD approved Air Mobility Command aircraft, which is authorized to conduct parachute operations with military personnel. The aircraft must be capable of supporting (10) combat loaded Marines and (2) Free Fall Jump Masters. This aircraft must be capable of supporting a rear ramp exit.

2. The Contractor shall provide sixty (60) blade hours of aircraft utilization from 29 January 2016 – 19 February 2016. Jump days are defined as 29 January 2016 – 04 February 2016, 09 February 2016 – 12 February 2016, and 14 February 2016 – 18 February 2016. The Contractor shall be responsible for all aircraft maintenance, mechanical support and airfield storage.

3. The Contractor shall provide a training area with direct access to the aircraft and loading areas approximately 10,000 sqft in size.

4. The Contractor shall provide double locked climate controlled parachute storage space approximately 300 sqft in size.

5. The Contractor shall provide a parachute packing space.

6. The Contractor shall provide billeting for fifty (50) Marines. Billeting must be climate controlled (air conditioning/heating), have WIFI access, and room to stage three (3) military issued duffel bags.

7. The Contractor shall provide three (3) bathrooms (toilet and shower) to support fifty (50) Marines during the period of performance. The Contractor shall be responsible to maintain cleanliness and stock toiletries (toilet paper and hand soap) throughout the period of performance.

8. The Contractor shall provide climate controlled classroom spaces available for formal and informal instruction, planning and debriefing. Required audio/visual aids are one (1) large flat screen TV capable of wifi/blue tooth connection through Apple/Macintosh devices in one (1) classroom area. This space must be capable of serving as a command and control area for 3d Reconnaissance BN HQ detachment.

9. The Contractor shall provide one (1) 4x4 DZ landing jumper and parachute recovery capability.

10. The Contractor shall provide five (5) Zone Availability Report (ZAR) listed drop zones capable of supporting military free fall operations and one (1) ZAR listed drop zone capable of supporting low level static line parachute operations.

11. The Contractor shall provide two (2) Advanced Infiltration Course certified instructors to jump with teams during Phase 3 Advanced HAHO Infiltration instruction from 09 February 2016 -18 February 2016. These instructors must be capable of assisting in planning parachute inserts, leading practical application, inserting with teams, video-recording team exit and flight pattern under canopy, land safely with the team and then provide video debriefs to the team (debrief timeline is flexible so that instructors can jump with more than one team). These instructors must be qualified on the Multi-mission Parachute System and prior instructors at the Army’s Advanced Tactical Infiltration Course.

12. The Contractor shall provide and coordinate medical support in the form of air medical evacuation capabilities.

13. The Contractor shall provide a liaison to medical facilities in the area.

14. The Contractor shall provide initial coordination of air medical evacuation of casualty.

15. The Contractor shall provide a runway capable of supporting a C-130 aircraft.

16. The Contractor shall provide the ability to recover jumpers on two (2) active DZs simultaneously.

GOVERNMENT PROVIDED:

1. One (1) USMC AMTT staff member/instructor (all expenses for this Marine are covered by 3d Reconnaissance Battalion).

2. Sufficient quantities and types of weapons to load out Marines participating in training with a combat load.

3. Individual radios for each jumper.

4. Radios for communication with the aircraft.

5. Night vision devices capable of mounting on jump helmets during HAHO operations.

6. (80) MMPS parachutes.

7. (60) PHAOS bailout bottles.

8. (60) PHAOS masks.

9. (60) Altimeters.

10. (50) PIEK kits.

SECURITY:

Due to the high-risk nature of parachute operations, a secure climate controlled area with double lock capability and authorized access to only 3d Reconnaissance Para-loft personnel is required for storage of all parachutes and parachute related gear. Approximate space must be adequate for eighty (80) MMPS parachutes, six (6) large O2 cylinders, six (6) Oxygen consoles, Rigger specific gear/tools, fifty (50) PIEK kits, sixty (60) altimeters, sixty (60) PHAOS masks and sixty (60) bailout bottles.

PLACE OF PERFORMANCE: Southwestern Continental United States

I. Specific Requirements:

A. Dry climate.

B. Fairly predictable weather.

C. No major air traffic routes through training area.

D. No major mountainous regions to traverse between aircraft release of parachutists to DZ.

E. No significantly large bodies of water in the vicinity of the training area that would increase the risk of parachute operations. Specifically no large bodies of water (Combat Rubber Raiding Craft or larger capable) within 1km of any planned DZ for training. Rivers or linear bodies of water that a parachutist could safely pass over with 1500 feet of elevation while flying a MMPS and a 3:1 glide ratio are acceptable.

F. No major Interstates or continuous 4-lane highways within 1km of main training area for parachute operations. Low traffic 2-lane highways are acceptable. Routes and highways that change from 2-lane to 4-lane and then back to 2-lane

PERIOD OF PERFORMANCE (POP):

Base Year: 24 January 2016 – 20 February 2016

Option Year one (1): Winter time frame between January 2017 and February 2017

Option Year two (2): Winter time frame between January 2018 and February 2018 AIRCRAFT: (1) CASA -212 (per TM 70244A-OI Tactics, techniques, and Procedures Manual U. S. Marine Corps Military Free Fall Operations)

CURRICULUM:

Double Bag Static Line (DBSL) A. History, terms, advantages of the MMPS

B. MMPS familiarization

C. Aircraft procedures, jump commands and exit procedures

D. Theory of flight/canopy control

E. MMPS packing

F. MMPS emergency procedures

G. MMPS practical application/evaluation

I. Advanced Parachuting

A. Advanced infiltration considerations

B. NVG parachute operations

C. NVG Procedures

D. Special equipment considerations

E. Canopy control

F. HAHO navigation

G. Terrain considerations

SCHEDULE:

Exit Procedures (Mock Up) Hanger/DZ

hhh

Final Pack out / Gear Accountability

Main Body Depart

RBE departs

NOTES:

1. Please reference paragraph title, line number and sub-line letter for any requests for information from the Contractor to 3d Reconnaissance Battalion.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

23-JAN-2017

SEE SCHEDULE

FPO AP

M13011

23-JAN-2017

M13011

23-JAN-2017

M13011

23-JAN-2018

M13011

23-JAN-2018

M13011

23-JAN-2018

M13011

23-JAN-2019

M13011

23-JAN-2019

M13011

23-JAN-2019

M13011

CLAUSES INCORPORATED BY REFERENCE

252.203-7996 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements—Representation.

PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS—REPRESENTATION (DEVIATION 2016-O0003)(OCT 2015)

(a) In accordance with section 101(a) of the Continuing Appropriations Act, 2016 (Pub. L. 114-53) and any subsequent FY 2016 appropriations act that extends to FY 2016 funds the same restrictions as are contained in section 743 of division E, title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), none of the funds appropriated (or otherwise made available) by this or any other Act may be used for a contract with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign 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 prohibition in paragraph (a) of this provision 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.

(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity 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.

252.203-7997 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements.

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.

252.204-7008 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls.

COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION CONTROLS (DEVIATION 2016-O0001)(OCT 2015)

(a) Definitions. As used in this provision—

“Controlled technical information,” “covered contractor information system,” and “covered defense information” are defined in clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting (DEVIATION 2016- O0001)(OCT 2015).

(b) The security requirements required by contract clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting (DEVIATION 2016-O0001)(OCT 2015) shall be implemented for all covered defense information on all covered contractor information systems that support the performance of this contract.

(c) If the Offeror anticipates that additional time will be necessary to implement derived security requirement 3.5.3 “Use of multifactor authentication for local and network access to privileged accounts and for network access to non-privileged accounts” within National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, “Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations (see http://dx.doi.org/10.6028/NIST.SP.800- 171), the Offeror shall notify the Contracting Officer that they will implement the requirement within 9 months of contract award.

(d) If the Offeror proposes to deviate from any of the security requirements in NIST SP 800-171that is in effect at the time the solicitation is issued or as authorized by the Contracting Officer, the Offeror shall submit to the Contracting Officer, for consideration by the DoD Chief Information Officer (CIO), a written explanation of—

(1) Why a particular security requirement is not applicable; or

(2) How an alternative, but equally effective, security measure is used to compensate for the inability to satisfy a particular requirement and achieve equivalent protection.

(e) An authorized representative of the DoD CIO will approve or disapprove offeror requests to deviate from NIST SP 800-171 requirements in writing prior to contract award. Any approved deviation from NIST SP 800-171 shall be incorporated into the resulting contract.

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

Reporting.

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 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 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 computerrelated 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,”

(see 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 with the exception of the derived security requirement 3.5.3 “Use of multifactor authentication for local and network access to privileged accounts and for network access to non-privileged accounts”, which will be required not later than 9 months after award of the contract, if the Contractor notified the contracting officer in accordance with paragraph (c) of the provision 252.204-7008, Compliance with Safeguarding Covered Defense Information

Controls (DEVIATION 2016-O0001)(OCT 2015); or

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

Information Officer (CIO) prior to contract award; and

(2) Apply other information systems security measures when the Contractor reasonably determines that information systems security 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.

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

(h) DoD safeguarding and use of contractor attributional/proprietary information.

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

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

DoD is authorized to be released outside of DoD—

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

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

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

(4) For national security purposes, including cyber situational awareness and defense purposes (including with Defense Industrial Base (DIB) participants in the program at 32 CFR part 236); or

(5) To a support services contractor (“recipient”) that is directly supporting

Government activities under a contract that includes the clause at 252.204-7009, Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber

Incident Information.

(j) Use and release of contractor attributional/proprietary information created by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is created by or for DoD (including the information submitted pursuant to paragraph (c) of this clause) is authorized to be used and released outside of DoD for purposes and activities authorized by paragraph

(i) of this clause, and for any other lawful Government purpose or activity, subject to all applicable statutory, regulatory, and policy based restrictions on the Government’s use and release of such information.

(k) The Contractor shall conduct activities under this clause in accordance with applicable laws and regulations on the interception, monitoring, access, use, and disclosure of electronic communications and data.

(l) Other safeguarding or reporting requirements. The safeguarding and cyber incident reporting required by this clause in no way abrogates the Contractor’s responsibility for other safeguarding or cyber incident reporting pertaining to its unclassified information systems as required by other applicable clauses of this contract, or as a result of other applicable U.S. Government statutory or regulatory requirements.

(m) Subcontracts. The Contractor shall—

(1) Include the substance of this clause, including this paragraph (m), in all subcontracts, including subcontracts for commercial items; and

(2) Require subcontractors to rapidly report cyber incidents directly to DoD at http://dibnet.dod.mil and the prime Contractor. This includes providing the incident report number, automatically assigned by DoD, to the prime Contractor (or next highertier subcontractor) as soon as practicable.

252.209-7991 REPRESENTATION BY CORPORATIONS REGARDING AN…