N00421-17-T-0129.docx
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- IBM Urban Code Implementation (Accepting offers from IBM Advanced Business Partners ONLY! !! )
- Solicitation number
- N00421-17-T-0129
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CONFIGURATIONS AND IMPLEMENTATIONS OF IBM URBAN CODE SOFTWARE in accordance with the Statement of Work. ACCEPTING OFFERS FROM IBM ADVANCED BUSINESS PARTNERS WITH DIRECT EXPERIENCE AND IN-DEPTH KNOWLEDGE OF THE URBAN CODE DEPLOY SOFTWARE ONLY! LETTER FROM IBM CONFIRMING PARTNERSHIP STATUS IS REQUIRED AND MUST BE SUBMITTED WITH THE PROPOSAL. WITHOUT THE IBM CERTIFICATION, YOUR PROPOSAL WILL NOT BE ACCEPTED.
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N0042117T0129
Section A - Solicitation/Contract Form
SOLICITATION/CONTRACT FORM
SOLICITATION CLOSE DATE IS 2/27/2017 @ 9:00 AM, EST.
Solicitation N00421-17-T-0129 is issued as a competitive procurement. The Government intends to purchase on a firm fixed-price basis, and to solicit and negotiate the proposed purchase order on a competitive basis for the CONFIGURATIONS AND IMPLEMENTATIONS OF IBM URBAN CODE SOFTWARE in accordance with the Statement of Work.
ACCEPTING OFFERS FROM IBM ADVANCED BUSINESS PARTNERS WITH DIRECT EXPERIENCE AND IN-DEPTH KNOWLEDGE OF THE URBAN CODE DEPLOY SOFTWARE ONLY! LETTER FROM IBM CONFIRMING PARTNERSHIP STATUS IS REQUIRED AND MUST BE SUBMITTED WITH THE PROPOSAL. WITHOUT THE IBM CERTIFICATION, YOUR PROPOSAL WILL NOT BE ACCEPTED.
Although not set-aside for Total Small Business, offers are solicited only from small business concerns. Any award resulting from this solicitation will be made to small business owners.
***Basis for Award***
Solicitation closing date/time is firm; proposals received after the deadline will not be accepted. Your quote must contain enough technical information i.e. data sheet, drawing, specification, etc. for evaluation. Your quote will only be evaluated based on the information provided. The award will be made on the basis of lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factor. This is a firm fixed-price procurement; therefore, the initial offer should represent the vendor’s best quote in terms of price and technical acceptability. A determination by the Government not to accept the proposal for not meeting the minimum requirement is solely within the discretion of the Government.
Interested parties must be registered in System for Award Management (SAM) Database prior to submission of an offer to be considered for award of any Department of Defense contract. This can be accomplished electronically at http://www.sam.gov/vendor.cfm. The Government will not pay for any information received
Government Point of Contact:
Bernie Cortez Naval Air Warfare Center AD (PAX)
2.5.1 RAC, 21983 Bundy Road, BLDG 441
Patuxent River, MD 20670-1127 Email: bernie.cortez@navy.mil (preferred method)
Section B - Supplies or Services and Prices
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Lot |
Labor Cost
FFP
Hourly services for implementation, testing, deployment, and maintenance for an IBM UrbanCode Deploy implementation for 120 HOURS in accordance with the Statement of Work.
"ACCEPTING OFFERS FROM IBM ADVANCED BUSINESS PARTNERS WITH DIRECT EXPERIENCE AND IN-DEPTH KNOWLEDGE OF THE URBAN CODE DEPLOY SOFTWARE ONLY! LETTER FROM IBM CONFIRMING PARTNERSHIP STATUS IS REQUIRED AND MUST BE SUBMITTED WITH THE PROPOSAL. WITHOUT THE IBM CERTIFICATION, YOUR PROPOSAL WILL NOT BE ACCEPTED".
***URGENT REQUIREMENT WILL CLOSE 2/27/2017 @ 9:00 AM, EST***
NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.
FOB: Origin (Shipping Point)
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Lot |
Travel & Expenses
Travel and related expenses in accordance with GSA travel policies.
Re-imbursement for this entitlement will be paid on actual cost only. Estimated number of trips two (2) to Patuxent River, MD. 20670.
"ACCEPTING OFFERS FROM IBM ADVANCED BUSINESS PARTNERS WITH DIRECT EXPERIENCE AND IN-DEPTH KNOWLEDGE OF THE URBAN CODE DEPLOY SOFTWARE ONLY! LETTER FROM IBM CONFIRMING PARTNERSHIP STATUS IS REQUIRED AND MUST BE SUBMITTED WITH THE PROPOSAL. WITHOUT THE IBM CERTIFICATION, YOUR PROPOSAL WILL NOT BE ACCEPTED".
***URGENT REQUIREMENT WILL CLOSE 2/27/2017 @ 9:00 AM, EST***
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Lot |
IBM Bluemix laaS
2 Virtual Machines and Storage for the UrbanCode Deploy Server and Target Machine. 12 MONTHS MAINTENANCE.
"ACCEPTING OFFERS FROM IBM ADVANCED BUSINESS PARTNERS WITH DIRECT EXPERIENCE AND IN-DEPTH KNOWLEDGE OF THE URBAN CODE DEPLOY SOFTWARE ONLY! LETTER FROM IBM CONFIRMING PARTNERSHIP STATUS IS REQUIRED AND MUST BE SUBMITTED WITH THE PROPOSAL. WITHOUT THE IBM CERTIFICATION, YOUR PROPOSAL WILL NOT BE ACCEPTED".
***URGENT REQUIREMENT WILL CLOSE 2/27/2017 @ 9:00 AM, EST***
NET AMT
Section C - Descriptions and Specifications
STATEMENT OF WORK
Services for Configuration and Implementation of IBM Rational UrbanCode software installation in the NAVAIR environment
OVERVIEW
The Systems Engineering Department (AIR-4.1) seeks to procure assistance in the Configuration and implementation of IBM UrbanCode Software. This is a new and emerging technology in which the government does not have expertise. Only the identified business partner of IBM is uniquely qualified to provide the effort described in this statement of work as they have unique code knowledge to support the IBM Rational applications already purchased for use by the government.
SCOPE
The tasking outlined in this SOW emphasizes the tasks associated with delivery of a functional Urban Code software installation and configuration deployment and also covers implementation in the NAVAIR environment.
APPLICABLE DOCUMENTS
“Not Applicable”
REQUIREMENTS
IBM have previously provided assistance in the development and configuration to use the UrbanCode software. At the time of our previous contract, resources were not available to fully complete the requested tasks. This statement of work is provided to augment and address the remaining task to be completed.
Remaining Task:
R001 Configuration of each Application:
(Rational Team Concert - RTC) Configuration Lifecycle Management (CLM) and Design Management (DM)
DOORS
Installation Manager RPE (Rational Publishing Engine) TDS (Tivoli Directory Server) RDS (Rational Directory Server) SQL Management Studio Sodus Connect RLKS (Rational License Key Server) RSA Designer (Rational Software Architect Designer) UrbanCode Server
4.1.12 UrbanCode Agent
R002 Parameterization of Applications (RTC) CLM and DM
DOORS
Installation Manager
RPE
TDS
RDS
SQL
Sodus Connect
RLKS
RSA Designer UrbanCode Server UrbanCode Agent R003 Defining the Application Process.
(RTC) CLM and DM
DOORS
Installation Manager
RPE
TDS
RDS
SQL
Sodus Connect
RLKS
UrbanCode Server
4.3.11 UrbanCode Agent
TECHNICAL IT REQUIREMENTS
Listed below is the operational environment to be used in the development and testing of the UrbanCode Installation 4.1G Environment (Government Equipment) Suggested configuration Windows Server 2012 R2 Standard, 32GB min. Ram, 1TB hard drive on 64bit operating system.
Suggested configuration of Windows 10 Professional, 8GB Ram, 1TB hard drive on 64bit operating system.
PMA298 Supplied server Hardware to use in Operational Test Two Virtual Machines and Storage through IBM Bluemix IaaS for the UrbanCode Deploy Server and Target Machine.
Applications to Deploy (RTC) CLM and DM
DOORS
Installation Manager RPE (Rational Publishing Engine) TDS (Tivoli Directory Server) RDS (Rational Directory Server) SQL Management Studio Sodus Connect RLKS (Rational License Key Server)
| 5.4.10 | RSA Designer (Rational Software Architect Designer) |
| 5.4.11 | UrbanCode Server |
| 5.4.12 | UrbanCode Agent |
DELIVERABLES AND DOCUMENTATION
Deliverables are delineated in the following elements:
Contractor will assist in the development and detailed design of the UrbanCode software application scripts to implement standard system engineering tools to Naval Air System Command environments.
Contractor will assist with developing the verification test plan and support evaluation testing. Documentation will consist of an UrbanCode installation test plan for all applicable IBM Rational software tool applications and relevant preliminary test reports.
Out-brief demonstration – to be provided at Naval Air Station, Patuxent River, Maryland in Power Point and UrbanCode format(s). The demonstration should document results of all capabilities researched, tests performed and the results of such tests (including pass/fail as well as performance metrics where applicable).
SECURITY
All work performed under this SOW is considered Unclassified and should be marked with the appropriate disclosure statements as described in DoD Instruction 5230.24.
PLACE OF PERFORMANCE
The Contractor shall perform services identified within this contract at Naval Air Station, Patuxent River, MD (NAS PAX) and IBM development facilities.
TRAVEL, MATERIALS
Travel for onsite support. Estimated two technical working groups will require direct contractor support and travel to NAS Patuxent River, MD.
PERIOD OF PERFORMANCE
The Period of Performance will be identified in the attached work plan. Performance shall commence on the date of SOW execution.
PERSONNEL QUALIFICATIONS
The Contractor is responsible for providing personnel who are fully qualified and certified to perform the scope of the effort set forth herein.
Section E - Inspection and Acceptance
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
| CLIN |
| INSPECT AT |
| INSPECT BY |
| ACCEPT AT |
| ACCEPT BY |
| 0001 |
| Destination |
| Government |
| Destination |
| Government |
| 0002 |
| Destination |
| Government |
| Destination |
| Government |
| 0003 |
| Destination |
| Government |
| Destination |
| Government |
Section F - Deliveries or Performance
DELIVERY INFORMATION
| CLIN |
| DELIVERY DATE |
| QUANTITY |
| SHIP TO ADDRESS |
| DODAAC / CAGE |
| 0001 |
| POP 10-MAR-2017 TO |
09-JUN-2017
| N/A |
| N/A |
| 0002 |
| POP 10-MAR-2017 TO |
09-JUN-2017
| N/A |
| N/A |
| 0003 |
| POP 10-MAR-2017 TO |
09-MAR-2018
| N/A |
| N/A |
CLAUSES INCORPORATED BY REFERENCE
| 52.247-34 |
| F.O.B. Destination |
| NOV 1991 |
Section G - Contract Administration Data
CLAUSES INCORPORATED BY FULL TEXT
| 252.232-7003 | ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (JUN 2012) | |
| (a) Definitions. As used in this clause-- | ||
| (1) Contract financing payment and invoice payment have the meanings given in section 32.001 of the Federal Acquisition Regulation. | ||
| (2) Electronic form means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using Wide Area WorkFlow (WAWF) or another electronic form authorized by the Contracting Officer. | ||
| (3) Payment request means any request for contract financing payment or invoice payment submitted by the Contractor under this contract. | ||
| (4) Receiving report means the data required by the clause at 252.246-7000, Material Inspection and Receiving Report. | ||
| (b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF is available on the Internet at https://wawf.eb.mil/ . | ||
| (c) The Contractor may submit a payment request and receiving report using other than WAWF only when-- | ||
| (1) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the Contracting Officer's determination with each request for payment; | ||
| (2) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing System); | ||
| (3) DoD makes payment for rendered health care services using TRICARE Encounter Data System (TEDS) as the electronic format; or | ||
| (4) When the Governmentwide commercial purchase card is used as the method of payment, only submission of the receiving report in electronic form is required. | ||
| (d) The Contractor shall submit any non-electronic payment requests using the method or methods specified in Section G of the contract. | ||
| (e) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payments requests. |
| 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: | |||||
| (1) Document type. The Contractor shall use the following document type(s). | |||||
| _______________________COMBO______________________________________________ | |||||
| (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. | |||||
| ________________________SEE SECTION E_____________________________________ | |||||
| (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. | |||||
| Routing Data Table* | |||||
| Field Name in WAWF | Data to be entered in WAWF | ||||
| Pay Official DoDAAC: | _______N64142 ___________ | ||||
| Issue By DoDAAC: | _______N00421 ___________ | ||||
| Admin DoDAAC: | _______N00421 ___________ | ||||
| Inspect By DoDAAC: | _______N00421 ___________ | ||||
| Ship To Code: | _______N00421 ___________ | ||||
| Ship From Code: | ________N/A______________ | ||||
| Mark For Code: | ________ N/A _____________ | ||||
| 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 ______________ | ||||
| (*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 email address identified below in the "Send Additional Email Notifications" field of WAWF once a document is submitted in the system. |
__________________BARBARA.D.LAWSON @NAVY.MIL______________________________________ (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. For Navy WAWF questions call DFAS Customer Care 1-800-756-4571 option 6 | |
| (2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988. |
Section I - Contract Clauses
CLAUSES INCORPORATED BY REFERENCE
| 52.203-7 |
| Anti-Kickback Procedures |
| MAY 2014 |
| 52.212-4 |
| Contract Terms and Conditions--Commercial Items |
| JAN 2017 |
| 52.232-39 |
| Unenforceability of Unauthorized Obligations |
| JUN 2013 |
| 252.204-7000 |
| Disclosure Of Information |
| OCT 2016 |
| 252.204-7004 Alt A |
| System for Award Management Alternate A |
| FEB 2014 |
| 252.204-7009 |
| Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information |
| OCT 2016 |
| 252.223-7004 |
| Drug Free Work Force |
| SEP 1988 |
| 252.225-7048 |
| Export-Controlled Items |
| JUN 2013 |
| 252.239-7010 |
| Cloud Computing Services |
| OCT 2016 |
CLAUSES INCORPORATED BY FULL TEXT
| 52.204-13 | SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2016) | |||
| (a) Definitions. As used in this clause-- | ||||
| "Electronic Funds Transfer (EFT) indicator" means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management (SAM) records for identifying alternative EFT accounts (See subpart 32.11) for the same entity. | ||||
| "Registered in the System for Award Management database" means that-- | ||||
| (1) The Contractor has entered all mandatory information, including the unique entity identifier and the EFT indicator (if applicable), , the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into the SAM database; | ||||
| (2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM database; | ||||
| (3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process: and | ||||
| (4) The Government has marked the record “Active”. | ||||
| "System for Award Management (SAM)" means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes-- | ||||
| (1) Data collected from prospective Federal awardees required for the conduct of business with the Government; | ||||
| (2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12; and | ||||
| (3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits. | ||||
| (b)The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. | ||||
| (c)(1)(i) If a Contractor has legally changed its business name, doing business as name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to-- | ||||
| (A) Change the name in the SAM database; | ||||
| (B) Comply with the requirements of subpart 42.12 of the FAR; and | ||||
| (C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name. | ||||
| (ii) If the Contractor fails to comply with the requirements of paragraph (c)(1)(i) of this clause, or fails to perform the agreement at paragraph (c)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the ``Suspension of Payment'' paragraph of the electronic funds transfer (EFT) clause of this contract. | ||||
| (2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in SAM. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the EFT clause of this contract. | ||||
| (3) The Contractor shall ensure that the unique entity identifier is maintained with the entity designated at www.sam.gov for establishment of the unique entity identifier throughout the life of the contract. The Contractor shall communicate any change to the unique entity identifier to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the unique entity identifier does not necessarily require a novation be accomplished. | ||||
| (d) Contractors may obtain additional information on registration and annual confirmation requirements at "https://www.acquisition.gov". |
| 52.212-5 | CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS - COMMERCIAL ITEMS (DEC 2016) | |
| (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: | ||
| (1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). | ||
| (2) 52.233-3, Protest after Award (Aug 1996)(31 U.S.C. 3553). | ||
| (3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78(19 U.S.C.3805 note)). | ||
| (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: |
[Contracting Officer shall check as appropriate.]
| [___] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995)(41 U.S.C. 4704 and 10 U.S.C. 2402). |
| [___] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010)(41 U.S.C. 3509)). |
| [___] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010)(Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) |
| [___] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016)(Pub. L. 109-282) (31 U.S.C. 6101 note). |
| [___] (5) [Reserved]. |
| [___] (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016)(Pub.L. 111-117, section 743 of Div. C). |
| [___] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016)(Pub.L. 111-117, section 743 of Div. C). |
| [___] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note). |
| [___] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013)(41 U.S.C. 2313). |
| [___] (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012)(section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L 110-161). |
| [___] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011)(15 U.S.C. 657a). |
| [___] (ii) Alternate I (Nov 2011) of 52.219-3. |
| [___] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). |
| [___] (ii) Alternate I (Jan 2011) of 52.219-4. |
| [___] (13) [Reserved]. |
| [___] (14)(i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644). |
| [___] (ii) Alternate I (Nov 2011) of 52.219-6. |
| [___] (iii) Alternate II (Nov 2011) of 52.219-6. |
| [___] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (Jun 2003)(15 U.S.C. 644). |
| [___] (ii) Alternate I (Oct 1995) of 52.219-7. |
| [___] (iii) Alternate II (Mar 2004) of 52.219-7. |
| [___] (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)). |
| [___] (17)(i) 52.219-9, Small Business Subcontracting Plan (Nov 2016) (15 U.S.C. 637(d)(4)). |
| [___] (ii) Alternate I (Nov 2016) of 52.219-9. |
| [___] (iii) Alternate II (Nov 2016) of 52.219-9. |
| [___] (iv) Alternate III (Nov 2016) of 52.219-9. |
| [___] (v) Alternate IV (Nov 2016) of 52.219-9. |
| [___] (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).) |
| [___] (19) 52.219-14, Limitations on Subcontracting (Nov 2011)(15 U.S.C. 637(a)(14)). |
| [___] (20) 52.219-16, Liquidated Damages - Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). |
| [___] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011)(15 U.S.C. 657f). |
| [___] (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). |
| [___] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Dec 2015)(15 U.S.C. 637(m)). |
| [___] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Dec 2015)(15 U.S.C. 637(m)). |
| [_X_] (25) 52.222-3, Convict Labor (Jun 2003)(E.O. 11755). |
| [_X_] (26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Oct 2016)(E.O. 13126). |
| [_X_] (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). |
| [_X_] (28) 52.222-26, Equal Opportunity (Sept 2016)(E.O. 11246). |
| [_X_] (29) 52.222-35, Equal Opportunity for Veterans (July 2014)(38 U.S.C. 4212). |
| [_X_] (30) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014)(29 U.S.C. 793). |
| [___] (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). |
| [___] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)(E.O. 13496). |
| [___] (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015)(22 U.S.C. chapter 78 and E.O. 13627). |
| [___] (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). |
| [___] (34) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) |
| [___] (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673)(Oct 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017. |
NOTE TO PARAGRAPH (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.
| [___] (36) 52.222-60, Paycheck Transparency (Executive Order 13673)(Oct 2016). | |
| [___] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (May 2008)(42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) | |
| [___] (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) | |
| [___] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June 2016)(E.O. 13693). | |
| [___] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June 2016)(E.O. 13693). | |
| [___] (40)(i) 52.223-13, Acquisition of EPEAT(R) Registered Imaging Equipment (Jun 2014)(E.O.s 13423 and 13514). | |
| [___] (ii) Alternate I (Oct 2015) of 52.223-13. | |
| [___] (41)(i) 52.223-14, Acquisition of EPEAT(R) Registered Televisions (Jun 2014)(E.O.s 13423 and 13514). | |
| [___] (ii) Alternate I (Jun 2014) of 52.223-14. | |
| [___] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b) | |
| [___] (43)(i) 52.223-16, Acquisition of EPEAT(R) Registered Personal Computer Products (Oct 2015)(E.O.13423 and 13514). | |
| [___] (ii) Alternate I (Jun 2014) of 52.223-16. | |
| [___] (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011)(E.O. 13513). | |
| [___] (45) 52.223-20, Aerosols (June 2016)(E.O. 13693) | |
| [___] (46) 52.223-21, Foams (June 2016)(E.O. 13693) | |
| [_X_] (47) 52.225-1, Buy American--Supplies (May 2014)(41 U.S.C. chapter 83). | |
| [___] (48)(i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42 and 112-43). | |
| [___] (ii) Alternate I (May 2014) of 52.225-3. | |
| [___] (iii) Alternate II (May 2014) of 52.225-3. | |
| [___] (iii) Alternate III (May 2014) of 52.225-3. | |
| [___] (49) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). | |
| [_X_] (50) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). | |
| [___] (51) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016)(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2303 Note). | |
| [___] (52) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007)(42 U.S.C. 5150). | |
| [___] (53) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). | |
| [___] (54) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002)(41 U.S.C. 4504, 10 U.S.C. 2307(f)). | |
| [___] (55) 52.232-30, Installment Payments for Commercial Items (Oct 1995)(41 U.S.C. 4504, 10 U.S.C. 2307(f)). | |
| [_X_] (56) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013)(31 U.S.C. 3332). | |
| [___] (57) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013)(31 U.S.C. 3332). | |
| [___] (58) 52.232-36, Payment by Third Party (May 2014)(31 U.S.C. 3332). | |
| [___] (59) 52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a). | |
| [___] (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)(46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). | |
| [___] (ii) Alternate I (Apr 2003) of 52.247-64. | |
| (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items: |
[Contracting Officer check as appropriate.]
| [___] (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495) | ||
| [___] (2) 52.222-41, Service Contract Labor Standards (May 2014)(41 U.S.C. chapter 67). | ||
| [___] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014)(29 U.S.C. 206 and 41 U.S.C. chapter 67). | ||
| [___] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts)(May 2014)(29 U.S.C.206 and 41 U.S.C. chapter 67). | ||
| [___] (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014)(29 U.S.C. 206 and 41 U.S.C. chapter 67). | ||
| [___] (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014)(41 U.S.C. chapter 67). | ||
| [___] (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014)(41 U.S.C. chapter 67). | ||
| [___] (8) 52.222-55, Minimum Wages Under Executive Order 13658(Dec 2014)(Executive Order 13658). | ||
| [___] (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014)(42 U.S.C. 1792). | ||
| [___] (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008)(31 U.S.C. 5112(p)(1)). | ||
| (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation. | ||
| (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. | ||
| (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. | ||
| (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. | ||
| (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-- | ||
| (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509)). | ||
| (ii) 52.219-8, Utilization of Small Business Concerns (Nov 2016)(15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. | ||
| (iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17. | ||
| (iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). | ||
| (v) 52.222-26, Equal Opportunity (Sept 2016)(E.O. 11246). | ||
| (vi) 52.222-35, Equal Opportunity for Veterans (July 2014)(38 U.S.C. 4212). | ||
| (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014)(29 U.S.C. 793). | ||
| (viii) 52.222-37, Employment Reports on Veterans (Feb 2016)(38 U.S.C. 4212). | ||
| (ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. | ||
| (x) 52.222-41, Service Contract Labor Standards (May 2014)(41 U.S.C. chapter 67). | ||
| (xi)(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). | ||
| (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. 78 and E.O. 13627). | ||
| (xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014)(41 U.S.C. chapter 67). | ||
| (xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014)(41 U.S.C. chapter 67). | ||
| (xiv) 52.222-54, Employment Eligibility Verification (Aug 2013). | ||
| (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014)(Executive Order 13658). | ||
| (xvi) 52.222-59, Compliance with Labor Laws (Executive Order 13673)(Oct 2016)(Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017). |
NOTE TO PARAGRAPH (e)(1)(xvi): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.
| (xvii) 52.222-60, Paycheck Transparency (Executive Order 13673)(Oct 2016). | |
| (xviii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016)(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). | |
| (xix) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014)(42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. | |
| (xx) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006)(46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. | |
| (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. |
| 52.227-19 | COMMERCIAL COMPUTER SOFTWARE LICENSE (DEC 2007) | ||
| (a) Notwithstanding any contrary provisions contained in the Contractor's standard commercial license or lease agreement, the Contractor agrees that the Government will have the rights that are set forth in paragraph (b) of this clause to use, duplicate or disclose any commercial computer software delivered under this contract. The terms and provisions of this contract shall comply with Federal laws and the Federal Acquisition Regulation. | |||
| (b)(1) The commercial computer software delivered under this contract may not be used, reproduced, or disclosed by the Government except as provided in paragraph (b)(2) of this clause or as expressly stated otherwise in this contract. | |||
| (2) The commercial computer software may be-- | |||
| (i) Used or copied for use with the computer(s) for which it was acquired, including use at any Government installation to which the computer(s) may be transferred; | |||
| (ii) Used or copied for use with a backup computer if any computer for which it was acquired is inoperative; | |||
| (iii) Reproduced for safekeeping (archives) or backup purposes; | |||
| (iv) Modified, adapted, or combined with other computer software, provided that the modified, adapted, or combined portions of the derivative software incorporating any of the delivered, commercial computer software shall be subject to same restrictions set forth in this contract; | |||
| (v) Disclosed to and reproduced for use by support service Contractors or their subcontractors, subject to the same restrictions set forth in this contract; and | |||
| (vi) Used or copied for use with a replacement computer. | |||
| (3) If the commercial computer software is otherwise available without disclosure restrictions, the Contractor licenses it to the Government without disclosure restrictions. | |||
| (c) The Contractor shall affix a notice substantially as follows to any commercial computer software delivered under this contract: | |||
| Notice--Notwithstanding any other lease or license agreement that may pertain to, or accompany the delivery of, this computer software, the rights of the Government regarding its use, reproduction and disclosure are as set forth in Government Contract No. __TBD___. |
| 52.252-2 | CLAUSES INCORPORATED BY REFERENCE (FEB 1998) |
| This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/far/ or http://farsite.hill.af.mil. |
| 252.204-7012 | SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT INFORMATION (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.wrchives.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 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 - 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 date, 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 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 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) that is in effect at the time the solicitation is issued or as authorized by the Contracting Officer. | ||||
| (ii)(A) The Contractor shall submit requests to vary from 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. |
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