Model Contract FA8637-24-R-0001.pdf

SOLICITATION, OFFER AND AWARD

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 350)

RATING

PAGE OF PAGES

1 32

2. CONTRACT NO. 3. SOLICITATION NO. 4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

5. DATE ISSUED

6. REQUISITION/PURCHASE NO.

FA8637-24-R-0001

7. ISSUED BY AFLCMC/WID CODE FA8637 8. ADDRESS OFFER TO (If other than Item 7)

USAF/AFMC/AFLCMC

AF LIFE CYCLE MANAGEMENT CENTER

2690 LOOP ROAD WEST, BUILDING 556

WRIGHT-PATTERSON AFB OH 45433-7424

RYAN J. STONE N/A

RYAN.STONE.9@US.AF.MIL

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

SOLICITATION

9.

10. FOR

INFORMATION

CALL:

A. NAME

See Block 7

B. TELEPHONE (Include area code)

(NO COLLECT CALLS)

C. E-MAIL ADDRESS

11. TABLE OF CONTENTS

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

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

A SOLICITATION/CONTRACT FORM 1 I CONTRACT CLAUSES 20

B SUPPLIES OR SERVICES AND PRICES/COSTS 2 PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACH.

C DESCRIPTION/SPECS./WORK STATEMENT 10 J LIST OF ATTACHMENTS 32

D PACKAGING AND MARKING 11 PART IV - REPRESENTATIONS AND INSTRUCTIONS

E INSPECTION AND ACCEPTANCE 12 K REPRESENTATIONS, CERTIFICATIONS, K - 1

F DELIVERIES OR PERFORMANCE 13 AND OTHER STATEMENTS OF OFFERORS

G CONTRACT ADMINISTRATION DATA 16 L INSTRS, CONDS, AND NOTICES TO OFFERORS L - 1

H SPECIAL CONTRACT REQUIREMENTS 19 M EVALUATION FACTORS FOR AWARD M - 1

OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within ________ calendar days (60 calendar days unless a different period is inserted by the offeror) from the date of receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

10 CALENDAR DAYS

20 CALENDAR DAYS

30 CALENDAR DAYS

CALENDAR DAYS

14. ACKNOWLEDGEMENTS OF AMENDMENTS

(The offeror acknowledges receipt of amend-

AMENDMENT NO. DATE AMENDMENT NO. DATE

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

15A. NAME

AND

CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

ADDRESS

OF

OFFEROR

15B. TELEPHONE NO. (Include area code)

15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETI-

TION: 23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c) ( )

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

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

(Signature of Contracting Officer)

28. AWARD DATE

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

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 33 (REV. 9-97)

PREVIOUS EDITION IS UNUSABLE Prescribed by GSA

ConWrite Version 7.7.2700 FAR (48 CFR) 53.21(c) Created 07 Aug 2023 10:54 AM

DRAFT RFP

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION B FA8637-24-R-0001

Qty Unit Price ITEM SUPPLIES OR SERVICES Purch Unit Total Item Amount

Common Multi-Band Datalink (CMDL2x) Aircraft Trans

0001 3 __________ Each __________ Noun: COMMON MULTI-BAND DATA-LINK AIRCRAFT

TRANSCEIVER

PSC: 1680

NSN: N - Not Applicable Inspection: DESTINATION Acceptance: DESTINATION

FOB: DESTINATION

Descriptive Data:

1. The Contractor shall provide a total of three "Compact Mult-band Datalink (CMDL2X) Aircraft Transceivers, Part Number 1000120141" in accordance with the attached Statement of Work dated 28 July, 2023 and incorporated in Section J as Attachment 3.

2. The required delivery date on this CLIN is no later than 31 Jan 2025. The period of Performance on this CLIN will run from Contract Award - Delivery Date.

3. This CLIN Type is designated as Firm Fixed Price.

Rover

0002 1 __________ Each __________ Noun: ROVER - ROVER 6SX, STINGER LITE GROUND KIT, LAPTOP WITH FLIGHT LENS SOFTWARE

PSC: 1680

NSN: N - Not Applicable Inspection: DESTINATION Acceptance: DESTINATION

FOB: DESTINATION

Descriptive Data:

1. The Contractor shall provide a total of one "ROVER (1 set of the three parts) ROVER 6SX Tranceiver part number 6000077204, Stinger Lite Ground Kit part number 1000241246, and Laptop with Flight Lens Software part number 6000077160" in accordance with the attached Statement of Work dated 28 July, 2023 and incorporated in Section J as Attachment 3.

2. The required delivery date on this CLIN is no later than 31 Jan 2025. The period of

Qty Unit Price ITEM SUPPLIES OR SERVICES Purch Unit Total Item Amount

HMP-400 Gun System

Noun: HMP 400 GUN SYSTEM NSN: N - Not Applicable Descriptive Data:

1. The contractor shall provide an HMP Gun System in accordance with the attached Statement of Work dated 28 July, 2023 and incorporated in section J as attachment 3.

2. The required delivery date on this CLIN is 31 Jan 2025. The period of Performance on this CLIN will run from Contract Award - Delivery Date

4. A certificate of completion shall be attached to the DD250 in WAWF.

HMP-400 Gun System (Pod and .50 CAL Gun)

0003AA 4 __________

Each __________ Noun: HMP-400 GUN SYSTEM (POD AND .50 CAL GUN)

PSC: 1680

NSN: N - Not Applicable Inspection: SOURCE Acceptance: SOURCE

FOB: SOURCE

Descriptive Data:

1. The Contractor shall provide a total of four "HMP-400 Aero Fairing (Pod) with .50 Cal Machine Gun part number 3648905470" in accordance with the attached Statement of Work dated 28 July, 2023 and incorporated in Section J as Attachment 3.

2. The required delivery date on this CLIN is no later than 31 Jan 2025. The period of Performance on this CLIN will run from Contract Award - Delivery Date.

4. A certificate of completion shall be attached to the DD250 in WAWF.

Qty Unit Price ITEM SUPPLIES OR SERVICES Purch Unit Total Item Amount

Gun Pod Umbilical Harness Assembly

0003AB 4 __________

Each __________ Noun: GUN POD UMBILICAL HARNESS ASSEMBLY

PSC: 1680

NSN: N - Not Applicable Inspection: DESTINATION Acceptance: DESTINATION

FOB: DESTINATION

Descriptive Data:

1. The Contractor shall provide a total of four "Gun Umbilical Harness Assembly part number 315A153-1" in accordance with the attached Statement of Work dated 28 July, 2023 and incorporated in Section J as Attachment 3.

2. The required delivery date on this CLIN is no later than 31 Jan 2025. The period of

.50 Caliber Alignment Rod

0004 1 __________ Each __________ Noun: .50 CALIBER ALIGNMENT ROD

PSC: 1680

NSN: N - Not Applicable Inspection: DESTINATION Acceptance: DESTINATION

FOB: DESTINATION

Descriptive Data:

1. The Contractor shall provide a total of one ".50 Caliber Alignment Rod part number 35301000019" in accordance with the attached Statement of Work dated 28 July, 2023 and incorporated in Section J as Attachment 3.

2. The required delivery date on this CLIN is no later than 31 Jan 2025. The period of

Qty Unit Price ITEM SUPPLIES OR SERVICES Purch Unit Total Item Amount

Boresighting Telescope

0005 1 __________ Each __________ Noun: BORESIGHTING TELESCOPE

PSC: 1680

NSN: N - Not Applicable Inspection: DESTINATION Acceptance: DESTINATION

FOB: DESTINATION

Descriptive Data:

1. The Contractor shall provide a total of one "Boresighting Telesope part number 3530110070" in accordance with the attached Statement of Work dated 28 July, 2023 and incorporated in Section J as Attachment 3.

2. The required delivery date on this CLIN is no later than 31 Jan 2025. The period of

Text Box Unit

0006 1 __________ Each __________ Noun: TEXT BOX UNIT (TBU)

PSC: 1680

NSN: N - Not Applicable Inspection: DESTINATION Acceptance: DESTINATION

FOB: DESTINATION

Descriptive Data:

1. The Contractor shall provide a total of one "Text Box Unit (TBU) part number 3538937000" in accordance with the attached Statement of Work dated 28 July, 2023 and incorporated in Section J as Attachment 3.

2. The required delivery date on this CLIN is no later than 31 Jan 2025. The period of

Qty Unit Price ITEM SUPPLIES OR SERVICES Purch Unit Total Item Amount

Gun Pod Boresight Board with Kit

0007 1 __________ Each __________ Noun: GUN POD BORESIGHT BOARD WITH KIT

PSC: 1680

NSN: N - Not Applicable Inspection: DESTINATION Acceptance: DESTINATION

FOB: DESTINATION

Descriptive Data:

1. The Contractor shall provide a total of one "Gun Pod Boresight Board with Kit part number 1331001018 or Alternate part number T20481N1" in accordance with the attached Statement of Work dated 28 July, 2023 and incorporated in Section J as Attachment 3.

2. The required delivery date on this CLIN is no later than 31 Jan 2025. The period of

Boresight Inspection Check Gauge

0008 1 __________ Each __________ Noun: BORESIGHT INSPECTION CHECK GAUGE

PSC: 1680

NSN: N - Not Applicable Inspection: DESTINATION Acceptance: DESTINATION

FOB: DESTINATION

Descriptive Data:

1. The Contractor shall provide a total of one "Boresight Inspection Check Gauge part number BS303676/810-2 or Alternate part number T13880" in accordance with the attached Statement of Work dated 28 July, 2023 and incorporated in Section J as Attachment 3.

2. The required delivery date on this CLIN is no later than 31 Jan 2025. The period of

Qty Unit Price ITEM SUPPLIES OR SERVICES Purch Unit Total Item Amount

HMP Toolkit

0009 1 __________ Each __________ Noun: HMP TOOL KIT

PSC: 1680

NSN: N - Not Applicable Inspection: DESTINATION Acceptance: DESTINATION

FOB: DESTINATION

Descriptive Data:

1. The Contractor shall provide a total of one "HMP Tool Kit part number 364903010" in accordance with the attached Statement of Work dated 28 July, 2023 and incorporated in Section J as Attachment 3.

2. The required delivery date on this CLIN is no later than 31 Jan 2025. The period of

M3P/HMP Tool Kit for Armourer GSE

0010 1 __________ Each __________ Noun: M3P/HMP TOOL KIT FOR ARMOURER GSE

PSC: 1680

NSN: N - Not Applicable Inspection: DESTINATION Acceptance: DESTINATION

FOB: DESTINATION

Descriptive Data:

1. The Contractor shall provide a total of one "M3P/HMP Tool Kit for Armourer GSE part number 3529100060" in accordance with the attached Statement of Work dated 28 July, 2023 and incorporated in Section J as Attachment 3.

2. The required delivery date on this CLIN is no later than 31 Jan 2025. The period of

Qty Unit Price ITEM SUPPLIES OR SERVICES Purch Unit Total Item Amount

Transportation

0011 1 __________ Each __________ Noun: TRANSPORTATION

PSC: V999

Start Date: ASREQ Completion Date: ASREQ Descriptive Data:

1. The Contractor shall provide transportation of all required items to Royal Thai Air Force in accordance with the attached Statement of Work dated 28 July 2023. the Period of Performance on this CLIN will be considered complete upon successful transportation of all items.

2. This CLIN is designated as Firm Fixed Price.

NO CLAUSES OR PROVISIONS IN THIS SECTION

SECTION C - DESCRIPTION/SPECS./WORK STATEMENT

SECTION C FA8637-24-R-0001

SECTION D - PACKAGING AND MARKING

SECTION D FA8637-24-R-0001

SECTION E - INSPECTION AND ACCEPTANCE

SECTION E FA8637-24-R-0001

NOTICE: The following contract clauses pertinent to this section are hereby incorporated by reference:

FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES

52.246-02 INSPECTION OF SUPPLIES -- FIXED-PRICE (AUG 1996) - ALTERNATE I (JUL 1985)

52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984)

SECTION F - DELIVERIES OR PERFORMANCE

SECTION F FA8637-24-R-0001

SHIP MARK TRANS

ITEM SUPPLIES SCHEDULE DATA QTY TO FOR PRI DATE

0001 3 U 31 Jan 2025

Noun: COMMON MULTI-BAND DATA-LINK AIRCRAFT

TRANSCEIVER

Descriptive Data:

SHIP TO/Mark For - MAPAC: DNVE00 POC Name: Wittaya Songthongjariy, Royal Thai Air Force, Squadron Leader (SQN LDR) Office Symbol:

Address: Tambon Suthep, Muang Chiang Mai, Chiang Mai, Thailand 50200 Phone #: +6653-281-012/Cell +66-082-0633564 Email: Email: wittaya_song@rtaf.mi.th

0002 1 U 31 Jan 2025

Noun: ROVER - ROVER 6SX, STINGER LITE GROUND KIT, LAPTOP WITH FLIGHT LENS SOFTWARE

Descriptive Data:

SHIP TO/Mark For - MAPAC: DNVE00 POC Name: Wittaya Songthongjariy, Royal Thai Air Force, Squadron Leader (SQN LDR) Office Symbol:

Address: Tambon Suthep, Muang Chiang Mai, Chiang Mai, Thailand 50200

0003AA 4 U FY9150 31 Jan 2025

Noun: HMP-400 GUN SYSTEM (POD AND .50 CAL GUN) Descriptive Data:

SHIP TO/Mark For - DODAAC FY9150 POC Name: Jesus E. Lopez, SSgt, USAF Office Symbol: 60 APS TRK INTRANSIT CARGO Address: 90 Ragsdale Street, Bldg 977, 60th Ariel Port Squadron. Travis AFB CA 94535- Phone #: (707) 424-4544 Email: Email: jesus.lopez.25@us.af.mil

0003AB 4 U 31 Jan 2025

Noun: GUN POD UMBILICAL HARNESS ASSEMBLY Descriptive Data:

SHIP TO/Mark For - MAPAC: DNVE00 POC Name: Wittaya Songthongjariy, Royal Thai Air Force, Squadron Leader (SQN LDR) Office Symbol:

Address: Tambon Suthep, Muang Chiang Mai, Chiang Mai, Thailand 50200

SHIP MARK TRANS

ITEM SUPPLIES SCHEDULE DATA QTY TO FOR PRI DATE

0004 1 U 31 Jan 2025

Noun: .50 CALIBER ALIGNMENT ROD Descriptive Data:

SHIP TO/Mark For - MAPAC: DNVE00 POC Name: Wittaya Songthongjariy, Royal Thai Air Force, Squadron Leader (SQN LDR) Office Symbol:

Address: Tambon Suthep, Muang Chiang Mai, Chiang Mai, Thailand 50200

0005 1 U 31 Jan 2025

Noun: BORESIGHTING TELESCOPE Descriptive Data:

SHIP TO/Mark For - MAPAC: DNVE00 POC Name: Wittaya Songthongjariy, Royal Thai Air Force, Squadron Leader (SQN LDR) Office Symbol:

Address: Tambon Suthep, Muang Chiang Mai, Chiang Mai, Thailand 50200

0006 1 U 31 Jan 2025

Noun: TEXT BOX UNIT (TBU) Descriptive Data:

SHIP TO/Mark For - MAPAC: DNVE00 POC Name: Wittaya Songthongjariy, Royal Thai Air Force, Squadron Leader (SQN LDR) Office Symbol:

Address: Tambon Suthep, Muang Chiang Mai, Chiang Mai, Thailand 50200

0007 1 U 31 Jan 2025

Noun: GUN POD BORESIGHT BOARD WITH KIT Descriptive Data:

SHIP TO/Mark For - MAPAC: DNVE00 POC Name: Wittaya Songthongjariy, Royal Thai Air Force, Squadron Leader (SQN LDR) Office Symbol:

Address: Tambon Suthep, Muang Chiang Mai, Chiang Mai, Thailand 50200

0008 1 U 31 Jan 2025

Noun: BORESIGHT INSPECTION CHECK GAUGE Descriptive Data:

SHIP TO/Mark For - MAPAC: DNVE00 POC Name: Wittaya Songthongjariy, Royal Thai Air Force, Squadron Leader (SQN LDR) Office Symbol:

Address: Tambon Suthep, Muang Chiang Mai, Chiang Mai, Thailand 50200

0009 1 U 31 Jan 2025

Noun: HMP TOOL KIT Descriptive Data:

SHIP TO/Mark For - MAPAC: DNVE00 POC Name: Wittaya Songthongjariy, Royal Thai Air Force, Squadron Leader (SQN LDR) Office Symbol:

Address: Tambon Suthep, Muang Chiang Mai, Chiang Mai, Thailand 50200

0010 1 U 31 Jan 2025

Noun: M3P/HMP TOOL KIT FOR ARMOURER GSE Descriptive Data:

SHIP TO/Mark For - MAPAC: DNVE00 POC Name: Wittaya Songthongjariy, Royal Thai Air Force, Squadron Leader (SQN LDR) Office Symbol:

Address: Tambon Suthep, Muang Chiang Mai, Chiang Mai, Thailand 50200

0011 1 U ASREQ

Noun: TRANSPORTATION

NOTICE: The following contract clauses pertinent to this section are hereby incorporated by reference:

FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES

52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989)

52.242-15 STOP-WORK ORDER (AUG 1989)

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)

52.247-29 F.O.B. ORIGIN (FEB 2006)

52.247-30 F.O.B. ORIGIN, CONTRACTOR'S FACILITY (FEB 2006)

52.247-34 F.O.B. DESTINATION (NOV 1991)

SECTION G - CONTRACT ADMINISTRATION DATA

SECTION G FA8637-24-R-0001

NOTICE: The following contract clauses pertinent to this section are hereby incorporated in full text:

DEFENSE FAR SUPP CONTRACT CLAUSES IN FULL TEXT

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) Definitions. As used in this clause-

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web- Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items-

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

_____ (Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

_____ (Contracting Officer: Insert either “Invoice 2in1” or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial financing, submit a commercial financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table* Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC TBD Issue By DoDAAC FA8637 Admin DoDAAC FA8637 Inspect By DoDAAC N/A Ship To Code DNVE00 & FY9150 Ship From Code N/A Mark For Code DNVE00 & FY9150 Service Approver (DoDAAC) N/A Service Acceptor (DoDAAC) N/A Accept at Other DoDAAC N/A LPO DoDAAC N/A DCAA Auditor DoDAAC N/A Other DoDAAC(s) N/A

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert “See Schedule” or “Not applicable.”)

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

POC DoDAAC: TBD POC Nam: Maureen Robinson Office Symbol: AFLCMC/WID Address 2690 Loop Road West, Bldg 556, Wright Patterson AFB OH 45433-7142 Phone: (937) 260-7173 Email: maureen.robinson.3@us.af.mil

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

SECTION H FA8637-24-R-0001

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

SECTION I FA8637-24-R-0001

Contract Clauses in this section are from the FAR, Defense FAR Sup, Air Force FAR Sup, and the Air Force Materiel Command FAR Sup, and are current through the following updates:

Database_Version: 7.7.x.2700; Issued: 6/12/2023; FAR: FAC 2023-04; DFAR: DPN20230525; DL.: DL 98-021;

Class Deviations: CD 2023-O0006; AFFAR: 2002 Edition; AFAC: AFAC 2022-0502; IPN: 98-009

I. NOTICE: The following contract clauses pertinent to this section are hereby incorporated by reference:

A. FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES

52.202-01 DEFINITIONS (JUN 2020)

52.203-03 GRATUITIES (APR 1984)

52.203-05 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

52.203-06 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUN 2020)

52.203-06 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUN 2020)

- ALTERNATE I (NOV 2021)

52.203-07 ANTI-KICKBACK PROCEDURES (JUN 2020)

52.203-08 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR

IMPROPER ACTIVITY (MAY 2014)

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS

(JUN 2020)

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (NOV 2021)

52.203-15 WHISTLEBLOWER PROTECTIONS UNDER THE AMERICAN RECOVERY AND

REINVESTMENT ACT OF 2009 (JUN 2010)

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS OR STATEMENTS (JAN 2017)

52.204-04 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT

PAPER (MAY 2011)

52.204-12 UNIQUE ENTITY IDENTIFIER MAINTENANCE (OCT 2016)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS

(DEC 2014)

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES

DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED

ENTITIES (NOV 2021)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)

52.209-09 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY

MATTERS (OCT 2018)

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS

(NOV 2015)

52.210-01 MARKET RESEARCH (NOV 2021)

52.211-05 MATERIAL REQUIREMENTS (AUG 2000)

52.215-02 AUDIT AND RECORDS -- NEGOTIATION (JUN 2020)

52.215-02 AUDIT AND RECORDS -- NEGOTIATION (OCT 2010) - ALTERNATE I (MAR 2009)

52.215-02 AUDIT AND RECORDS -- NEGOTIATION (JUN 2020) - ALTERNATE II (AUG 2016)

52.215-10 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA (AUG

2011)

52.215-11 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA--

MODIFICATIONS (JUN 2020)

52.215-11 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA--

MODIFICATIONS (DEVIATION 2022-O0001) (OCT 2021)

52.215-12 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA (JUN 2020)

52.215-12 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA (DEVIATION 2022-O0001)

(OCT 2021)

52.215-13 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA--MODIFICATIONS

(DEVIATION 2022-O0001) (OCT 2021)

52.215-13 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA--MODIFICATIONS (JUN

2020)

52.215-15 PENSION ADJUSTMENTS AND ASSET REVERSIONS (OCT 2010)

52.215-18 REVERSION OR ADJUSTMENT OF PLANS FOR POSTRETIREMENT BENEFITS

(PRB) OTHER THAN PENSIONS (JUL 2005)

52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)

52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER

THAN CERTIFIED COST OR PRICING DATA--MODIFICATIONS (NOV 2021)

52.217-02 CANCELLATION UNDER MULTI-YEAR CONTRACTS (OCT 1997)

52.217-06 OPTION FOR INCREASED QUANTITY (MAR 1989)

Period of time is '30 days of contract award'

52.217-07 OPTION FOR INCREASED QUANTITY -- SEPARATELY PRICED LINE ITEM (MAR

1989) Period of time is '30 days of contract award'

52.219-08 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2022)

52.219-09 SMALL BUSINESS SUBCONTRACTING PLAN (OCT 2022)

52.219-09 SMALL BUSINESS SUBCONTRACTING PLAN (OCT 2022) - ALTERNATE II (NOV

2016)

52.219-16 LIQUIDATED DAMAGES -- SUBCONTRACTING PLAN (SEP 2021)

52.222-20 CONTRACTS FOR MATERIALS, SUPPLIES, ARTICLES, AND EQUIPMENT (JUN

2020)

52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)

52.222-26 EQUAL OPPORTUNITY (SEP 2016)

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020)

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS

ACT (DEC 2010)

52.222-50 COMBATING TRAFFICKING IN PERSONS (NOV 2021)

52.222-50 COMBATING TRAFFICKING IN PERSONS (NOV 2021) - ALTERNATE I (MAR 2015)

Para (c)(1)(i)(B), Alt I, Document Title, obtained from, performed in/at 'RESERVED'

52.222-99 ESTABLISHING A MINIMUM WAGE FOR CONTRACTORS (DEVIATION) (JUN 2014)

52.223-06 DRUG-FREE WORKPLACE (MAY 2001)

52.223-15 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (MAY 2020)

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE

DRIVING (JUN 2020)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (FEB 2021)

52.227-01 AUTHORIZATION AND CONSENT (JUN 2020)

52.229-06 TAXES -- FOREIGN FIXED-PRICE CONTRACTS (FEB 2013)

52.229-12 TAX ON CERTAIN FOREIGN PROCUREMENTS (FEB 2021)

52.230-02 COST ACCOUNTING STANDARDS (JUN 2020)

52.230-03 DISCLOSURE AND CONSISTENCY OF COST ACCOUNTING PRACTICES (JUN

2020)

52.232-01 PAYMENTS (APR 1984)

52.232-11 EXTRAS (APR 1984)

52.232-17 INTEREST (MAY 2014)

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)

52.232-25 PROMPT PAYMENT (JAN 2017)

52.232-25 PROMPT PAYMENT (JAN 2017) - ALTERNATE I (FEB 2002)

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER - SYSTEM FOR AWARD

MANAGEMENT (OCT 2018)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (MAR 2023)

52.233-01 DISPUTES (MAY 2014)

52.233-03 PROTEST AFTER AWARD (AUG 1996)

52.233-04 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

52.234-01 INDUSTRIAL RESOURCES DEVELOPED UNDER TITLE III, DEFENSE PRODUCTION

ACT (SEP 2016)

52.242-01 NOTICE OF INTENT TO DISALLOW COSTS (APR 1984)

52.242-03 PENALTIES FOR UNALLOWABLE COSTS (DEC 2022)

52.242-13 BANKRUPTCY (JUL 1995)

52.244-06 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(JUN 2023)

52.246-23 LIMITATION OF LIABILITY (FEB 1997)

52.246-24 LIMITATION OF LIABILITY -- HIGH-VALUE ITEMS (FEB 1997)

52.249-02 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (APR

2012)

52.249-08 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984)

52.253-01 COMPUTER GENERATED FORMS (JAN 1991)

B. DEFENSE FEDERAL ACQUISITION REGULATION SUPPLEMENT CONTRACT CLAUSES

252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS

(SEP 2011)

252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE-

CONTRACT-RELATED FELONIES (JAN 2023)

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (DEC

2022)

252.204-7000 DISCLOSURE OF INFORMATION (OCT 2016)

252.204-7002 PAYMENT FOR SUBLINE ITEMS NOT SEPARATELY PRICED (APR 2020)

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992)

252.204-7004 LEVEL I ANTITERRORISM AWARENESS TRAINING FOR CONTRACTORS (JAN

2023)

252.204-7006 BILLING INSTRUCTIONS--COST VOUCHERS (MAY 2023)

252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION TO LITIGATION

SUPPORT (JAN 2023)

252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE

TELECOMMUNICATIONS EQUIPMENT OR SERVICES (JAN 2023)

252.204-7020 NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (JAN 2023)

252.204-7021 CYBERSECURITY MATURITY MODEL CERTIFICATION REQUIREMENT (JAN 2023)

252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE

GOVERNMENT OF A COUNTRY THAT IS A STATE SPONSOR OF TERRORISM

(MAY 2019)

252.209-7010 CRITICAL SAFETY ITEMS (AUG 2011)

Para (b). Aviation critical safety items. 'HMP-400 Gun System'

252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (JAN 2023)

Para (c)(1)(i). Insert Contract Line, Subline, or Exhibit Line Item Number and Item

Description or n/a. '?????' Para (c)(1)(ii). Identify Contract Line, Subline, or Exhibit Line Item Nr and Item

Description. If items are identified in the Schedule, insert "See Schedule" '?????' Para (c)(1)(iii). Attachment Nr. '?????' Para (c)(1)(iv). Attachment Nr. '?????' Para (f)(2)(iii). Line item number or n/a. '?????'

252.215-7002 COST ESTIMATING SYSTEM REQUIREMENTS (DEC 2012)

252.222-7006 RESTRICTIONS ON THE USE OF MANDATORY ARBITRATION AGREEMENTS (JAN

2023)

252.223-7002 SAFETY PRECAUTIONS FOR AMMUNITION AND EXPLOSIVES (MAY 1994)

252.223-7003 CHANGE IN PLACE OF PERFORMANCE -- AMMUNITION AND EXPLOSIVES (DEC

1991)

252.223-7004 DRUG-FREE WORK FORCE (SEP 1988)

252.223-7008 PROHIBITION OF HEXAVALENT CHROMIUM (JAN 2023)

252.225-7008 RESTRICTION ON ACQUISITION OF SPECIALTY METALS (MAR 2013)

252.225-7041 CORRESPONDENCE IN ENGLISH (JUN 1997)

252.225-7042 AUTHORIZATION TO PERFORM (APR 2003)

252.225-7048 EXPORT-CONTROLLED ITEMS (JUN 2013)

252.231-7000 SUPPLEMENTAL COST PRINCIPLES (DEC 1991)

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS

(DEC 2018)

252.232-7008 ASSIGNMENT OF CLAIMS (OVERSEAS) (JUN 1997)

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)

252.232-7011 PAYMENTS IN SUPPORT OF EMERGENCIES AND CONTINGENCY OPERATIONS

(MAY 2013)

252.233-7001 CHOICE OF LAW (OVERSEAS) (JUN 1997)

252.235-7004 PROTECTION OF HUMAN SUBJECTS (JUL 2009)

252.239-7018 SUPPLY CHAIN RISK (DEC 2022)

252.242-7005 CONTRACTOR BUSINESS SYSTEMS (FEB 2012)

252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2022)

252.244-7000 SUBCONTRACTS FOR COMMERCIAL PRODUCTS OR COMMERCIAL SERVICES

(JAN 2023)

252.246-7003 NOTIFICATION OF POTENTIAL SAFETY ISSUES (JAN 2023)

252.246-7004 SAFETY OF FACILITIES, INFRASTRUCTURE, AND EQUIPMENT FOR MILITARY

OPERATIONS (OCT 2010)

252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA - BASIC (JAN 2023)

252.249-7002 NOTIFICATION OF ANTICIPATED CONTRACT TERMINATION OR REDUCTION

(DEC 2022)

C. AIR FORCE FEDERAL ACQUISITION REGULATION SUPPLEMENT CONTRACT CLAUSES

5352.201-9101 OMBUDSMAN (OCT 2019)

Para (c). Ombudsmen names, addresses, phone numbers, fax, and email addresses. 'Lt

Sean Tucker sean.tucker.1@us.af.mil' 5352.223-9000 ELIMINATION OF USE OF CLASS I OZONE DEPLETING SUBSTANCES (ODS) (OCT

2019)

5352.223-9001 HEALTH AND SAFETY ON GOVERNMENT INSTALLATIONS (OCT 2019)

II. NOTICE: The following contract clauses pertinent to this section are hereby incorporated in full text:

FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES IN FULL TEXT

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV

2021)

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

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS (APR 2008)

This is a rated order certified for national defense, emergency preparedness, and energy program use, and the Contractor shall follow all the requirements of the Defense Priorities and Allocations System regulation (15 CFR 700).

52.243-01 CHANGES -- FIXED-PRICE (AUG 1987) (TAILORED)

(a) The Contracting Officer may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this contract in any one or more of the following:

(1) Drawings, designs, or specifications when the supplies to be furnished are to be specially manufactured for the Government in accordance with the drawings, designs, or specifications.

(2) Method of shipment or packing.

(3) Place of delivery.

(b) If any such change causes an increase or decrease in the cost of, or the time required for, performance of any part of the work under this contract, whether or not changed by the order, the Contracting Officer shall make an equitable adjustment in the contract price, the delivery schedule, or both, and shall modify the contract.

(c) The Contractor must assert its right to an adjustment under this clause within 30 days from the date of receipt of the written order. However, if the Contracting Officer decides that the facts justify it, the Contracting Officer may receive and act upon a proposal submitted before final payment of the contract.

(d) If the Contractor's proposal includes the cost of property made obsolete or excess by the change, the Contracting Officer shall have the right to prescribe the manner of the disposition of the property.

(e) Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed.

52.252-02 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/dfars https://www.acquisition.gov/affars

52.252-04 ALTERATIONS IN CONTRACT (APR 1984)

Portions of this contract are altered as follows: _____ (clearly identify what is being altered; i.e., parts of the contract or parts of the solicitation that apply after contract award.)

52.252-06 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter

1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

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

DEFENSE FAR SUPP CONTRACT CLAUSES IN FULL TEXT

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT

REPORTING (JAN 2023)

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

“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 controlled technical information or other information, as described in the Controlled Unclassified Information (CUI) Registry at http://www.archives.gov/cui/registry/category-list.html, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies, and is—

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

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

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

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

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

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

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

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

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

“Technical information” means technical data or computer software, as those terms are defined in the clause at DFARS 252.227-7013, Rights in Technical Data-Other Than Commercial Products and Commercial Services, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code.

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

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

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

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

(2) For covered contractor information systems that are not part of an IT service of system operated on behalf of the Government and therefore are not subject to the security requirement specified at paragraph (b)(1) of this clause, the following security requirements apply:

(i) Except as provided in paragraph (b)(2)(ii) of this clause, the covered contractor information system shall be subject to the security requirements in National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, “Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations,” (available via the Internet at http://dx.doi.org/10.6028/NIST.SP.800-171) in effect at the time the solicitation is issued or as authorized by the Contracting Officer.

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

(B) The Contractor shall submit requests to vary from NIST SP 800-171 in writing to the Contracting Officer, for consideration by the DoD CIO. The Contractor need not implement any security requirement adjudicated by an authorized representative of the DoD CIO to be nonapplicable or to have an alternative, but equally effective, security measure that may be implemented in its place.

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

(D) If the Contractor intends to use an external cloud service provider to store, process, or transmit any covered defense information in performance of this contract, the Contractor shall require and ensure that the cloud service provider meets security requirements equivalent to those established by the Government for the Federal Risk and Authorization Management Program (FedRAMP) Moderate baseline https://www.fedramp.gov/resources/documents/) and that the cloud service provider complies with requirements in paragraphs (c) through (g) of this clause for cyber incident reporting, malicious software, media preservation and protection, access to additional information and equipment necessary for forensic analysis, and cyber incident damage assessment.

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

(c) Cyber incident reporting requirement.

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

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

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

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

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

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

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

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

(g) Cyber incident…