Amendment 0004.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

SOLICITATION NO. N40085-24-R-2601 DESIGN BID BUILD (DBB) B686 CONOLLY HALL UPGRADES AND MODULAR BUILDINGS, NAVAL

WAR COLLEGE (NWC) NEWPORT, RHODE ISLAND

All correspondence regarding this solicitation shall be directed via email to Shayna Eichner at shayna.t.eichner.civ@us.navy.mil

Please see continuation pages.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 13

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 02-Jul-2024

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X N4008524R2601

X 9B. DATED (SEE ITEM 11)

17-May-2024

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

02-Jul-2024

CODE

NAVFACSYSCOM MID-ATLANTIC

CONTRACTING CORE

9324 VIRGINIA AVENUE

NORFOLK VA 23511-3095

N40085 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N4008524R2601

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE (SF 30)

The following have been added by full text:

AMENDMENT 0004

This amendment is issued to incorporate the following:

1. Extend the proposal due date from 16 July 2024 to 22 July 2024 by 1400.

2. Add clauses FAR 52.226-8 and DFAR 252.215-7013

3. Replace DFAR 252.204-7012 with DFAR 252.204-7012 (Deviation 2024-O0013 REVISION 1)

4. Add ATTACHMENT Q Specifications and Drawings Update (attached separately)

5. Update the Instruction to Offerors

6. Provide PPI answers

1. The proposal due date will be extended from 16 July 2024 to 22 July 2024 by 1400.

2. Add clauses by reference FAR 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While

Driving, DFAR 252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors and FAR 52.223-23 Sustainable Products and Services.

3. Remove DFAR 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting and replace with DFAR 252.204-7012 (Deviation 2024-O0013 REVISION 1) Safeguarding Covered Defense Information and Cyber Incident Reporting. (see below)

4. Provide ATTACHMENT Q- SPECIFICATIONS AND DRAWINGS UPDATE (attached separately)

5. Update the Instruction to Offerors (changes denoted in red)

1. INSTRUCTION TO OFFERORS

C. EVALUATION FACTORS FOR AWARD

Change as Follows:

(3) Factor 3, Safety

(i) Solicitation Submittal Requirements:

The Offeror shall submit the following information: The Days Away from Work, Restricted Duty, or Job Transfer (DART) Rate; and Total Case Rate (TCR) for the specified five (5) Calendar Years (CY), as well as a safety narrative, as described further below. For a partnership or joint venture, the Offeror shall submit separate DART rates and TCR for the specified five (5) CY for each contractor who is part of the partnership/joint venture; however, only one safety narrative is required. Any fatalities experienced within this 5-year timeframe must be explained in detail, to include root cause and corrective actions.

NOTE: DART and TCR shall not be submitted for subcontractors

1. DART Rate: Submit five (5) previous complete calendar years’ [CY2019, CY2020, CY2021, CY2022, CY2023] worth of data (not an overall average). If the Offeror has no DART rate, for any year, affirmatively state so and explain why. Should a negative trend occur above moderate risk levels, an acceptable/detailed explanation is required that includes any corrective actions taken for improvement.

a. DART cases include injuries or illnesses resulting in death, days away from work, and/or restricted work or transfer to another job days beyond the day of injury/illness.

b. Calculation of DART rate: Multiply the total number of DART cases by 200,000, and then divide by the number of employee labor hours worked.

𝑫𝑨𝑹𝑻 𝑹𝑨𝑻𝑬 =

Number of DART Incidents x 200,000

Total Number of Employee Labor Hours Worked

2. TCR Rate: Submit five (5) previous complete calendar years’ [CY2019, CY2020, CY2021, CY2022, CY2023] worth of data (not an overall average). If the Offeror has no TCR rate, for any year, affirmatively state so and explain why. Should a negative trend occur above moderate risk levels, an acceptable/detailed explanation is required that includes any corrective actions taken for improvement.

a. TCR cases include injuries or illnesses resulting in death, days away from work, restricted work or transfer to another job days beyond the day of injury/illness, medical treatment beyond first aid, or loss of consciousness.

b. Calculation of TCR rate: Multiply the total number of TCR incidents by 200,000, and then divide by the number of employee labor hours worked.

𝑻𝑪𝑹 𝑹𝑨𝑻𝑬 =

Number of TCR Incidents x 200,000

Total Number of Employee Labor Hours Worked

3. Technical Approach to Safety: Submit a narrative that addresses the following:

a. Describe the Offeror’ s approach to implementing and executing a Safety Management System (SMS) including Management/Leadership involvement, Employee involvement, Hazard prevention, Hazard control, Worksite analysis, and Safety and health training, to include the standard(s) used to benchmark the SMS.

b. Describe the evaluation process used to select potential subcontractors.

c. Describe the processes of how the Offeror will oversee safety compliance of subcontractors at all levels throughout performance of the contract (to include the Offeror’s own in-house workforce).

d. The Technical Approach to Safety narrative shall be limited to two (2) pages.

4. The Government reserves the right to review other available sources (public/Government internal) of information. These may include but are not limited to OSHA data, NAVFAC’s Contractor Incident Reporting System (CIRS), Contractor Performance Assessment Reporting System (CPARS), Electronic Contract Management System (eCMS), etc.

(ii) Basis of Evaluation:

The Government is seeking to determine that the Offeror has consistently demonstrated a commitment to safety and that the Offeror plans to properly manage and implement safety procedures for itself and its subcontractors. The evaluation will collectively consider the DART rate, TCR rate, Technical Approach to Safety, and other sources of information available to the Government as part of such collective evaluation. The board will evaluate the DART rates and TCR rates to determine if the Offeror has demonstrated a history of safe work practices taking into account any negative trends and extenuating circumstances that impact the rating.

1. DART Rate: The board will evaluate trends over the last five years considering changes that take it from one risk level (or more) to the next up or down. Negative trends occurring above moderate risk levels require the Offeror to provide a detailed explanation that includes any corrective actions taken for improvement.

a. Missing data without an explanation is considered a deficiency.

b. Declining trends that push the risk levels from Moderate Risk (MR) or higher to Low Risk (LR) or Very Low Risk (VLR) would indicate a strength.

c. An increasing DART rate trend could be considered a weakness (i.e. MR or better to High Risk (HR) or Extremely High Risk EHR)) if an acceptable explanation is not provided for any trends that rise above Moderate.

d. This chart correlates the DART rate to the level of risk:

Risk DART Rate Very Low Risk Less Than 1.0 Low Risk From 1.0 to 1.99 Moderate Risk From 2.0 to 2.99 High Risk From 3.0 to 4.0 Extremely High Risk Greater than 4.0

2. TCR Rate: The board will evaluate trends over the last five years considering changes that take it from one risk level (or more) to the next up or down. Negative trends occurring above moderate risk levels require the Offeror to provide a detailed explanation that includes any corrective actions taken for improvement.

a. Missing data without an explanation is considered a deficiency.

b. Declining trends that push the risk levels from Moderate Risk (MR) or higher to Low Risk (LR) or Very Low Risk (VLR) would indicate a strength.

c. An increasing TCR rate trend could be considered a weakness (i.e. MR or better to High Risk (HR) or Extremely High Risk EHR)) if an acceptable explanation is not provided for any trends that rise above Moderate.

d. This chart correlates the TCR rate to the level of risk:

Risk TCR Rate Very Low Risk Less Than 2.49 Low Risk From 2.5 to 3.49 Moderate Risk From 3.5 to 4.49 High Risk From 4.5 to 5.99 Extremely High Risk Greater than 6.0

3. The Technical Approach to Safety Narrative. To determine the degree to which the Offeror:

a. Describes a viable SMS that addresses elements; such as Management/Leadership involvement, Employee involvement, Hazard prevention, Hazard control, Worksite analysis, and Safety and health training, to include the standard(s) used to benchmark the SMS.

b. Describes a methodical process of evaluating subcontractor’s safety performance in their selection process.

c. Describes a logical management plan to hold themselves and their subcontractors accountable for adhering to the safety requirements of the contract.

d. The Technical Approach to Safety narrative shall be limited to two (2) single-sided pages.

Information on pages beyond this will not be considered.

4. The Government reserves the right to review other available sources (public/Government internal) of information. These may include but are not limited to OSHA data, NAVFAC’s Contractor Incident Reporting System (CIRS), Contractor Performance Assessment Reporting System (CPARS), Electronic Contract Management System (eCMS), etc.

6. Provide PPI Answers

PPI# Page Section Paragraph Package Question Responses

Package

07 81 00 1

Is there a specific scope of work for the fireproofing? Or are we patching existing fireproofing as we renovate? If we are to fireproof the existing steel structure, we'll need an as-built of the structural drawings.

Fireproofing of the existing steel structure is not required.

Package

09 29 00 1

The gypsum board specification calls for a level 4 finish and note 9 on A-100, calls for a level 5 finish. Please confirm which level of finish is required.

Gypsum Board level of finish to be Level 4 throughout, unless otherwise noted. Provide Level 5 finish at the entirety of Corridor C- 100, including Lobbyies C-100A and C-100B.

Provide Level 5 Finish at all painted surfaces of Waiting C-102. provide Level 5 finish at all painted surfaces of Chairman's Classroom C- 107.

Package

There is no specification for the Q12 - 85" LCD screens in C- 105B classroom. Will this be by the contractor or NAVFAC /

NWC?

NWC to furnish and install both LED (Q11) and LCD (Q12) screens shown on the Specialty Equipment Schedule on Dwg A-401..

Package

AS-100 1

Upon completion of the modular classrooms, we are moving all furniture & equipment from "NWC" to the modular buildings.

Can we assume we'll be using

All NWC furniture to/from Conolly Hall and the Modular Classrooms will be delivered to storage on Naval Station the furnishings in Conolly to the modular classrooms? Or if from another location, where? Same goes for the completion of Conolly's renovations, are we to move the furniture & equipment from the modular classrooms back to Conolly or somewhere else?

Newport. Refer to Revised Bid Schedule dated 06/13/2024 CLIN 0001m and CLIN 0001v for allowance.

Based on walk-thru

Will NWC be taking down all the pictures / portraits and storing them? Or will that be part of the GC's contract? This goes for the existing furniture and equipment as well, but maybe answered above.

NWC will be responsible for removing all wall items such as pictures/portraits belonging to NWC.

Package

09 66 16 1

Please clarify if the Terrazzo is intented to be a tiled or a poured applied product, as there is conflicting information between the Plans & Specification that calls out both. Also to clarify, the specified vendor (Terrazzo & Marble Supply) only supplies poured terrazzo.

The poured terrazzo applied product listed in the finish schedule is the intent.

Package

09 67 23.13 1

Penthouse Mechanical Equipment Rooms are noted with a Epoxy Floor Finish per A-107, but is called out as ETR per the Finish Schedule on I-108. Please clarify the design intent.

Provide epoxy floor finish on all floors and all curbs throughout Penthouse Mechanical Equipment Rooms P-508 and P-501 as indicated on A-107.

The solicitation has advertised prevailing wage rates for the project. Since PLA has to be used on the project, union rates would apply. Will the government allow for an equitable adjustment of pricing should union rates go up during the performance of the contract.

(Union rates change periodically and can change during the course of the project vs. davis bacon which applies to the entire project duration).

Forthcoming.

Modular Buildings

Government SOW references a roof pitch of 1:12. This will result in a building height of approximately 15’6” and will make it over-height for road transport especially in New England states. A crown roof

Manufacturer's standard Modular Building roof pitch is acceptable with ¼”:12 is recommended instead. See attached diagram.

Buildings are being designed with an outrigger frame (NOT a perimeter frame) so as to match the Government modular foundation plan. Confirm this will be acceptable.

Outrigger frame is acceptable. Per note 1 on sheet SB101 pier locations may be adjusted.

Government SOW references vinyl siding. Recommendation is to replace with either 26 gauge high rib steel or smart panel siding and skirting as this will considerably reduce post-installation work and is far better suited to modular construction and intended use.

Provide vinyl siding as indicated on the plans and specifications.

Confirm approval of VCG for interior wall finish.

Interior finishes are to be as indicated on the finish schedule and specifications.

Confirm whether PVC is allowed for waste piping.

PVC is permitted for sanitary waste and vent piping per Package 2 specification Section 22 00 00, paragraph 2.1.1, and Table I.

Package 1 11 44 00 1

1. Please provide Appliance Schedule for Appliances at Conolly Hall. Please include Manufacturer, Model, Finish, and dimensions. 2. Please confirm Microwaves to be Owner furnished.

All appliances Not In Contract - All Appliances to be provided and installed by NWC.

Package 1 08 71 00 1

Hardware Sets 01.1 and 03.1 call for an Electric Hinge but no Electric Devices. Please confirm what is required in these sets? Is a Request to Exit required?

Harware Sets 1.1 and 3.1 have no need for electric hinge. Please Provide 3 standard hinges for HW Sets 1.1 and 3.1

Package 1 10 22 13 1

Please confirm the Wire Mesh Partition Heights at the Basement Storage Rooms. The spec calls for 12' to 14'-8" Height. These rooms include an exposed ceiling with overhead MEP piping.

Wire Mesh Partition to terminate at underside of concrete waffle slab. 9'-6" of total height.

Package 2 2

The modular drawings references a roof pitch of 1:12. This will result in a building height of approximately 15’6” and will make it over-height for road transport especially in New England states. A crown roof with ¼”:12 is recommended instead.

Manufacturer's standard Modular Building roof pitch is acceptable

Package

Buildings are being designed with an outrigger frame (NOT a perimeter frame) so as to match the Government modular foundation plan. Confirm this will be acceptable.

Outrigger frame is acceptable. Per note 1 on sheet SB101 pier locations may be adjusted.

Package

The modular drawings references vinyl siding. A recommendation is to replace with either 26 gauge high rib steel or smart panel siding and skirting as this will considerably reduce post-installation work and is far better suited to modular construction and intended use.

Provide vinyl siding as indicated on the plans and specifications.

Package

Confirm whether PVC is allowed for waste piping.

PVC is permitted for sanitary waste and vent piping per Package 2 specification Section 22 00 00, paragraph 2.1.1, and Table I.

4 13 34 23 1.5.3 2

Please clarify that the overall modular structure should be considered delegated design for all major structural components and that the final structural design elements can be designed/developed to best fit the modular manufacturer’s standard manufacturing and construction procedures and techniques. For example, the roof assemble can be solid rafters instead of open web trusses.

This is correct, the design and detailing of the modular building structure is a delegated design and can be modified to meet individual manufacturer's standard construction practices provided the design criteria is met and is coordinated with the structural foundation requirements.

AE120

detail C3 & A2

Attachment L

Modular Drawings roof pitch is currently shown as a 1/12 pitch, standard modular buildings are designed with a ¼” per foot roof slope to keep heights down due to shipping heigh restrictions, will this be acceptable?

Manufacturer's standard Modular Building roof pitch is acceptable

AE201

detail A2 & A4

Attachment L

Modular Drawings finished ceiling height is currently set at 8’6”, standard finished ceiling height in a modular building is 7’10” to help control height of the overall structure due to shipping height restrictions, will this be acceptable?

Provide the ceiling height of 8'6" as indicated on the plans.

AE101

detail B3 & A2

Attachment L

Modular Drawings modular units are currently shown at a true 14’ wide, due to shipping restrictions units are typically designed to be under 13’11” wide, will this reduction be acceptable?

This is acceptable.

5 13 34 23 2.2.2

NAVFAC

06/27/2024 will Mule-hide be considered an acceptable alternate roofing manufacturer?

Provide Low Slope Roofing 60 mil, Ethylene Propylene Diene Monomer membrane roofing, fully adhered as specified

7 13 34 23 2.2.6

NAVFAC

06/27/2024 partitions are noted to be STC 50, do door and frames need to meet an STC 50 sound rating?

All doors and frames located within specified partitions to be a rated STC must meet the same STC rating as the partition they are locatied within.

8 13 34 23 2.2.14

NAVFAC

06/27/2024 is Nudo an acceptable alternate wall protection manufacturer?

alternate manufacturers are acceptable if proven to be equivalent and meet all requirements of the performance specification.

FX101

detail A2

Attachment L

Modular Drawings detail A2 shows that buildings B, C, and D each need to be individually protected with a complete fire suppression system, if this is the case is there a reason buildings B, C, and D cannot be combined into a single structure? Combining the three structures into one large structure would be a large cost savings to the navy. It would shrink the overall footprint on the site eliminating space between buildings, it would consolidate all utilities serving the 3 stand alone structures, restroom and other support spaces could be greatly consolidated and it would reduce the overall installation time on site.

Modular Buildings B, C, and D have been designed as stand alone individual structures for a number of reasons including on site utilities, grading, drainage, and program. A single unit was deemed not possible during design. A single unit is not permitted.

3 13 34 23 1.3.3

NAVFAC

06/27/2024 based on code requirments and clarification in the drawings please clarify it is Navy's intention to have these modular buildings be of new construction with no deviations from the drawings or specifications unless otherwise approved by the Navy.

The buildings are to be new construction following the basis of design layouts in the contract documents.

Deviations from this design must be reviewed and approved by the Government.

Given the holiday, we respectfully ask for a two-week extension to the proposal deadline. Thank you.

The proposal due date will be extended to 22 July 2024 by 1400.

SECTION 00 10 00 - SOLICITATION

The required response date/time has changed from 16-Jul-2024 02:00 PM to 22-Jul-2024 02:00 PM.

SECTION 00 45 00 - REPRESENTATIONS AND CERTIFICATIONS

The following have been added by reference:

252.215-7013 Supplies and Services Provided by Nontraditional Defense

Contractors

JAN 2023

SECTION 00 70 00 - CONDITIONS OF THE CONTRACT

The following have been added by reference:

52.223-23 Sustainable Products and Services. MAY 2024 52.226-8 Encouraging Contractor Policies To Ban Text Messaging

While Driving

MAY 2024

The following have been added by full text:

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT

REPORTING (MAY 2024) (DEVIATION 2024-O0013, REVISION 1)

(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 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 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”, Revision 2 (available via the internet at https://csrc.nist.gov/publications/sp800).

(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/documents-templates/) 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 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 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 products or commercial services, 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.

(End of clause)

The following have been deleted:

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

JAN 2023

(End of Summary of Changes)