3.01_Solicitation_N0038323PR0R514.pdf

CHECKED

BOX CONFIRMING ORDER-DO NOT DUPLICATE

APPLIES ORDER FOR SUPPLIES OR SERVICES

REQUEST FOR QUOTATION NO. N00383-23-Q-514N

RETURN COPY(IES) OF THIS QUOTE BY

(THIS IS NOT AN ORDER SEE DD FORM 1155R)

5.CERTIFIED FOR NATIONAL

DEFENSE UNDER 15 CFR 700

DO 1.CONTRACT/PURCHASE ORDER

NO.

2.DELIVERY ORDER NO. 3.DATE OF

ORDER

4.REQUISITION PURCH REQUEST NO

TBD TBD N0038323PR0R514

6.ISSUED BY CODE N00383 7.ADMINISTERED BY(IF OTHER THAN 6) CODE TBD 8.DELIVERY

NAVSUP Weapon Systems Support-Philadelphia Buyer: S. Hojnowski, N731.49 700 Robbins Avenue Philadelphia PA 19111 Email: sara.hojnowski@navy.mil

TBD FOB

DEST

OTHER(See

Schedule If Other)

ORIGIN

9.CONTRACTOR/QUOTE

CODE

13499 FACILITY

CODE

10.DELIVERY TO FOB POINT

ON OR BEFORE:

11.CHECK IF

BUSINESS IS

SMALL

SMALL/

DISADV.

WOMAN

OWNED

NAME

AND

ADDRESS

ROCKWELL COLLINS - MISSIONS

855 35TH STREET NE

ATTN: MICHELLE RUNDE

CEDAR RAPIDS, IA 52406-0001

12.DISCOUNT TERMS

13.MAIL INVOICES TO

(SEE BLOCK 15)

14.SHIP TO

CODE

15.PAYMENT WILL BE MADE BY

CODE

TBD

MARK ALL

PACKAGES AND

PAPERS WITH

CONTRACT AND

ORDER NUMBER

SEE ORDER SCHEDULE OR BOA

CONSIGNMENT INSTRUCTIONS

TBD

16.TYPE OF ORDER This delivery order is subject to instructions contained on this side of form only and is issued on another Government agency or in accordance with and subject to terms and conditions of above numbered contract. NEGOTIATION EXCEPTION 10 U.S.C. 230- ) DELIVERY PURCHASE Reference your furnish the following on terms specified herein, including, for U.S. purchases, General Provision or Purchase Order on DD Form 1155r(EXCEPT CLAUSE NO. 12 APPLIES ONLY IF THIS BOX IS CHECKED, AND NO 14 IF THIS BOX IS CHECKED):

special provisions : and delivery as indicated. This purchase is authority of 10 U.S.C.(a)(3) or as specified in the schedule if within the U.S., its possessions or Puerto Rico, if otherwise under 2304(a)(6).

If checked, Additional General Provisions apply, Supplier shall sign “Acceptance” on DD Form 1155r and return copies.

17. ACCOUNTING AND APPROPRIATION DATA-ACCOUNTING CLASSIFICATION (REV.7-65) TAC

ITEM APPROPRIATION

SYMBOL AND

SUBHEAD

OBJECT

CLASS

BUREAU

CONT NO.

SUB

ALLOT

AUTH’N

ACC’TG

ACT’Y

TRANS

TYPE

PROPERTY

ACT’G ACT’Y

COUNTRY COST CODE AMOUNT

18.ITEM NO 19.SCHEDULE OF SUPPLIES/SERVICES

(SEE ATTACHED SCHEDULE)

20.QUANTITY

ORDERED/

ACCEPTED

21.

UNIT

22.

UNIT PRICE

23.

AMOUNT

Please furnish Quotations to the issuing office on or before close of business:

19 November 2023

SURVEILLANCE

CRITICALITY

DESIGNATOR

A B C X

GOVERNMENT INSPECTION AND ACCEPTANCE SHALL BE

AT:

FOB DoD ADMINISTRATIVE USE ONLY

Contractor’s Plant PRIORITY 03

TRANSPORTATION PRIORITY 08

BY: DCMA

If quantity accepted by the Government is same as quantity ordered, indicate by check mark.

If different, enter actual quantity accepted below quantity ordered and encircle.

24.UNITED STATES OF AMERICA 25.TOTAL TBD

BY: 29.DIFFERENCES

CONTRACTING/ORDERING OFFICER

26.QUANTITY IN COLUMN 20 HAS BEEN

INSPECTED RECEIVED ACCEPTED AND CONFORMS

TO THE CONTRACT EXCEPT

AS NOTED

27.SHIP.NO 28.D.O.VOUCHER NO. 30.

INITIALS

PARTIAL

FINAL

32.PAID BY 33.AMT VERIFIED CORRECT FOR

DATE SIGNATURE OF AUTHORIZED GOVERNMENT

REP

31.PAYMENT 34.CHECK NUMBER

36.I CERTIFY THE ACCOUNT IS CORRECT AND PROPER FOR

PAYMENT

COMPLETE

PARTIAL

FINAL 35.BILL OF LADING NO.

DATE SIGNATURE AND TITLE OF CERTIFYING

OFFICER

37.RECEIVED AT 38.RECEIVED BY (Print) 38.DATE

RECEIVED

(YY/MM/DD)

40.TOTAL

CONTAINERS

41.S/R ACCOUNT NO.

42.S/R VOUCHER NUMBER

DDFORM 1155 JUN 94 NAVICP-P 4270/65(NAVICP/P OVERPRINT)(3/00)

STANDARD FORM 36, JULY 1966

GENERAL SERVICES ADMINISTRATION

FED. PROC. REG (4)1 CFR) 1-16.101)

CONTINUATION SHEET

REF.NO. OF DOC. BEING CONT’D PAGE OF

N0038323PR0R514 2 8

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT

UNIT

PRICE AMOUNT

0001AA

0001AB

0001AC

0001AD

EVALUATION, LABOR, MATERIALS AND PARTS AS MAY BE REQUIRED

TO RESTORE THE FOLLOWING GOVERNMENT OWNED ARTICLES TO

OPERATIONAL CONDITION.

NSN: 7R5821016136580

PART NUMBER: 822-3137-002

NOM: RECEIVER, TRANSMIT

TBD SERIAL NUMBER: TBD

TBD SERIAL NUMBER: TBD

TBD SERIAL NUMBER: TBD

TBD SERIAL NUMBER: TBD

COG: 7R

FMS CASE: SZ-P-MAB

SUPPAD: TBD

SHIP TO: TBD

MARK: TBD

NO FAST PAY.

DO NOT INDUCT TO CAV.

THE CONTRACTOR IS REQUIRED TO SHIP BY TRACEABLE MEANS.

PLEASE SEND A COMPLETED COPY OF THE DD250 TO NAVSUP WSS

CODES M0213 AND M85242.

GOVERNMENT SOURCE INSPECTION IS REQUIRED.

CONTACT DCMC TRANSPORTATION OFFICER FOR SHIPPING

INSTRUCTIONS.

PACKAGING AND MARKING SHALL BE IN ACCORDANCE WITH BEST

STANDARD COMMERCIAL PACKAGING FOR OVERSEAS SHIPMENT. IF

AN ITEM IS FOUND TO BE EITHER BEYOND ECONOMICAL REPAIR (BER)

OR BEYOND REPAIR (BR), THE CONTRACTOR SHALL NOTIFY THE

DEFENSE CONTRACT MANAGEMENT AGENCY (DCMA) QUALITY

ASSURANCE REPRESENTATIVE (QAR) FOR VERIFICATION OF THE

ITEM'S CONDITION. THE QAR WILL PROVIDE THEIR ASSESSMENT OF

THE ITEM'S CONDITION ALONG WITH ANY OTHER PERTINENT

INFORMATION TO THE DCMA ADMINISTRATIVE CONTRACTING

OFFICER (ACO). THE ACO WILL ROUTE THE INFORMATION TO THE

NAVSUP WSS PROCUREMENT CONTRACTING OFFICER (PCO). THE

CONTRACTOR SHALL NOT SCRAP OR CANNIBALIZE THE ITEM UNTIL

WRITTEN AUTHORIZATION IS PROVIDED BY THE NAVSUP WSS PCO.

This is an FMS repair order/contract. This order/contract will ensure contract coverage for the NIINs and quantities specified herein, for the 1 year induction period after the date of award. Serial numbers of the assets to be repaired are not known at the time of award. The order will use “TBD” for the M/Fs and serial numbers. The country is identifiable by the FMS case, Ship to, M/F and SUPPAD, which will be called out in this order/contract.

The M/F and serial numbers of the assets to be repaired under this order/contract will be provided on the Turn in Letter(TIL), which will accompany the “F” condition asset when it arrives at contractor’s facility for repair. This M/F and serial number should be used for induction and shipping purposes. For each repair performed under this order/contract, Contractor must ensure that the asset returned to the country in “A” condition after repair is completed is the same asset (i.e., bears the same serial number) as was originally received by the contractor in “F” condition.

This requirement will be awarded against BOA N00383-23-G-S201. All terms and conditions of the BOA will apply.

EA

PART I - THE SCHEDULE

SECTION B - SUPPLIES/SERVICES AND PRICES

B02 – WSSTERMBA00 – CONTACT INFORMATION

When a DCMA office is shown on a Contract/Purchase Order, the Administrative Contracting Officer (ACO) is the primary point of contact and all inquiries shall initially be directed to that office for necessary action.

Inquiries and correspondence directed to the Post Award PCO should be addressed as follows:

Name: Sam Hojnowski Code N731.49

Telephone 215-697-0273

E-Mail: sara.m.hojnowski.civ@us.navy.mil

In the event that the listed PCO contact information is no longer valid and a follow-on PCO cannot be identified, contact

NAVSUPWSSITIMPHelpdesk@navy.mil .) (01-18)

SECTION E - INSPECTION AND ACCEPTANCE

E04 – WSSTERMEZ05 – INSPECTION AND ACCEPTANCE

( X ) 1. Inspection of Supplies shall be performed at the contractor location shown on Page One by the Contract Administration Office

(CAO) also shown on Page One, unless otherwise specified below:

( ) Manufacturing Site at ( ) by the Manufacturing Site CAO ( )

( ) Subcontractor's Sites at ( ) by the Subcontractor Site CAO ( ).

( ) Packaging Site at ( ) by the Packaging Site CAO ( ).

( ) 2. Final Acceptance of Supplies and Packaging shall be performed at the contractor's location on Page One by the Contract

Administration Office (CAO) also shown on Page One, unless otherwise specified below:

( ) Manufacturing Site at ( ) by the Manufacturing Site CAO ( ).

( ) Subcontractor's Site at ( ) by the Subcontractor Site CAO ( ).

( ) Packaging Site at ( ) by the Packaging Site CAO ( ).

( ) Destination.

( ) 3. Inspection and Acceptance of Supplies will be performed by the consignee at Destination. (04-15)

SECTION F - DELIVERIES OR PERFORMANCE

F03 - WSSTERMFZ05 - FMS DELIVERY AND SHIPPING INSTRUCTIONS

(applicable to FMS contracts)

Material to be delivered FOB Origin at or near contractor's plant in the manner specified below. Use of Agency Official Indicia mail by contractors is not authorized. Quantities will not be divided into mailable lots for the express purpose of avoiding movement by other modes of transportation.

Consignment instructions provided herein are subject to change. In order to obtain the most current "Ship To" and "Mark For" information, the contractor is required to contact the cognizant DCMA Transportation Office ten days prior to shipment.

MATERIAL/TRANSPORTATION DATA:

(a) If shipment qualifies as a small parcel under current specifications, ship via a Mode 5 small parcel carrier within the

Continental United States (CONUS). Contractor will add prepaid transportation charges as a separate item on the invoice for reimbursement purposes.

(b) If shipment does not qualify as a small parcel (Mode 5) shipment, ship to the Freight Forwarder on a collect commercial

Bill of Lading.

(c) International FMS Parcel Post (PP) shipments destined for the Government of Canada will be made via "Certificate of

Mailing" using United States Postal Service (USPS) Form 3817, 3877 or 3877A.

(d) If an X appears in the following parentheses ( ), ship on a Prepaid Commercial Bill of Lading (CBL). Request transportation instructions from the cognizant DCMA transportation Office. Transportation Account Code

(TAC)(_______)applies.

SPECIAL MARKINGS:

For record accounting identification purposes, the Document Number, National Stock Number (NSN), and Supplementary Address, which appear under each line item(s) subclin, must be referenced in all Contracts, Invoices, Shipping, Inspection, and Financial

Documents.

mailto:NAVSUPWSSITIMPHelpdesk@navy.mil

For FMS shipments only, regardless of size, the shipper shall bar code and apply the below listed identification with the appropriate bar coding format as specified in the MILSTD-129-P (disregarding 4.4.1.2) based on the packaging standard used.

The Bar Code Lines should read as shown below.

(NOTE: The 14-15 position Requisition Number, which can be found under each line item(s) subclin, shall be bar coded vice the

Contract number.)

Bar Code Line 1: National Stock Number (NSN) or CAGE and Part Number (if no NSN)

Bar Code Line 2: Requisition Number(s) (be sure to include each Requisition Number in the multi-pack)

Bar Code Line 3: Unit of Issue, Quantity, Unit Price, Supplementary Address

The information to be bar coded is reflected in the DD250 as follows:

Block 13 Supplementary Address (6 position alphanumeric code)

Block 16 National Stock Number (NSN) or CAGE/Part Number

Block 17 Quantity

Block 18 Unit (of Issue)

Block 19 Unit Price

DISTRIBUTION OF MATERIAL INSPECTION AND RECEIVING REPORTS (DD250) AND BILLS OF LADING

(a) Attach four (4) copies of DD250 in waterproof envelope outside of shipping container.

(b) Forward two (2) copies of DD250 annotated by carrier as proof of shipment to NAVSUP WSS, 700 Robbins Avenue, Philadelphia, PA 19111, Code N52, at the time of shipment.

(c) Forward three (3) copies of DD250 to designated Freight Forwarder.

(d) Where NAVSUP WSS Philadelphia is the status control activity, forward two (2) copies of DD250 to the attention of NAVSUP WSS Philadelphia Code N842. Where the status control activity is other than NAVSUP WSS Philadelphia, forward one (1) copy of DD250 to NAVSUP WSS Philadelphia Code 0142 and one (1) copy of DD250 to the status control activity.

(e) Forward one (1) copy of DD250 to NAVSUP WSS Philadelphia Code N52213.32. (03-04)

SECTION G - CONTRACT ADMINISTRATION

G02 - DFARS 252.232-7006 - WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

(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.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by 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.acquisition.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 must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

https://wawf.eb.mil/

(1) Document type. The Contractor shall use the following document type(s).

Combo – Invoice and Receiving Report_____________________________

(Contracting Officer: Insert applicable document type(s).

Note: If a “Combo” document type is identified but not supportable by the Contractor’s business systems, an “Invoice”

(stand-alone) and “Receiving Report” (stand-alone) document type may be used instead.

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

Source_______________________________________________________

(Contracting Officer: Insert inspection and acceptance locations or “Not applicable.”)

(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.

FIELD NAME IN WAWF DATA TO BE ENTERED IN WAWF

Pay Official DoDAAC: HQ0339

Issue By DoDAAC: N00383

Admin DoDAAC: S2401A Inspect By DoDAAC: S2401A

Ship To Code: SEE SCHEDULE

Ship From Code: 13499 Mark For Code:

Service Approver (DoDAAC) :

Service Acceptor (DoDAAC) :

Accept at Other DoDAAC:

LPO DoDAAC:

DCAA Auditor DoDAAC:

Other DoDAAC(s) :

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

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request

(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the “Send Additional Email

Notifications” field of WAWF once a document is submitted in the system.

Not Applicable.

(Contracting Officer: Insert applicable email addresses or “Not applicable.”)

(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.

navsupwawf.wss.ftc@navy.mil

(Contracting Officer: Insert applicable information or “Not applicable.”)

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

(applicable to all acquisitions)

JUN 2012

mailto:navsupwawf.wss.ftc@navy.mil

I03 – DFARS 252.204-7012 – SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT

REPORTING (OCT 2016)

(a) Definitions. As used in this clause—

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

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

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

“Controlled technical information” means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD

Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.

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

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

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

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

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

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

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

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

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

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

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

Armed Forces in a contingency operation.

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

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

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

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

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

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

Computing Services, of this contract.

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

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

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

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

(ii)

(A) The Contractor shall implement NIST SP 800-171, as soon as practical, but not later than December 31, 2017. For all contracts awarded prior to October 1, 2017, the Contractor shall notify the DoD Chief Information Officer

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

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

(C) If the DoD CIO has previously adjudicated the contractor’s requests indicating that a requirement is not applicable or that an alternative security measure is equally effective, a copy of that approval shall be provided to the

Contracting Officer when requesting its recognition under this contract.

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

Authorization Management Program (FedRAMP) Moderate baseline

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

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

(c) Cyber incident reporting requirement.

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

(i) Conduct a review for evidence of compromise of covered defense information, including, but not limited to, identifying compromised computers, servers, specific data, and user accounts. This review shall also include analyzing covered contractor information system(s) that were part of the cyber incident, as well as other information systems on the

Contractor’s network(s), that may have been accessed as a result of the incident in order to identify compromised covered defense information, or that affect the Contractor’s ability to provide operationally critical support; and

(ii) Rapidly report cyber incidents to DoD at 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. 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.

http://dibnet.dod.mil/ http://dibnet.dod.mil/ http://iase.disa.mil/pki/eca/Pages/index.aspx

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

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

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

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

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

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

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

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

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

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

(5) To a support services contractor (“recipient”) that is directly supporting Government activities under a contract that includes the clause at 252.204-7009, Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber

Incident Information.

(j) Use and release of contractor attributional/proprietary information created by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is created by or for DoD (including the information submitted pursuant to paragraph (c) of this clause) is authorized to be used and released outside of DoD for purposes and activities authorized by paragraph (i) of this clause, and for any other lawful Government purpose or activity, subject to all applicable statutory, regulatory, and policy based restrictions on the Government’s use and release of such information.

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

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

(m) Subcontracts. The Contractor shall—

(1) Include this clause, including this paragraph (m), in subcontracts, or similar contractual instruments, for operationally critical support, or for which subcontract performance will involve covered defense information, including subcontracts for commercial items, without alteration, except to identify the parties. The Contractor shall determine if the information required for subcontractor performance retains its identity as covered defense information and will require protection under this clause, and, if necessary, consult with the Contracting Officer; and

(2) Require subcontractors to—

(i) Notify the prime Contractor (or next higher-tier subcontractor) when submitting a request to vary from a NIST SP 800-

171 security requirement to the Contracting Officer, in accordance with paragraph (b)(2)(ii)(B) of this clause; and

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