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N68936-16-T-0149
Section A - Solicitation/Contract Form
CLAUSES INCORPORATED BY FULL TEXT
FOR YOUR INFORMATION:
The following addresses and points of contact are provided:
| Name: | Janet Campbell |
| Phone: | (760) 939- 9507 |
| DSN: | 437- 9507 |
| FAX: | (760) 939- 8144 |
Email address: janet.campbell@navy.mil
U.S. Postal Service Mailing Address:
| COMMANDER |
| CODE 254200D (J. CAMPBELL – 760-939-9507) |
| NAVAIRWARCENWPNDIV |
| 429 E. BOWEN RD. MAIL STOP 4015 |
| CHINA LAKE, CA 93555-6108 |
Direct Delivery Address (UPS, FedEx, etc.):
| COMMANDER |
| CODE 254200D (J. CAMPBELL – 760-939-9507) |
| NAVAIRWARCENWPNDIV |
| BLDG 982, MAIL STOP 4015 |
| CHINA LAKE, CA 93555-6108 |
AND
FOR YOUR INFORMATION:
The following addresses and points of contact are provided:
| Name: | William Burger |
| Phone: | (760) 939- 3470 |
| DSN: | 437- 3470 |
| FAX: | (760) 939-8144 |
Email address: william.c.burger@navy.mil
U.S. Postal Service Mailing Address:
| COMMANDER |
| CODE 254200D (W. BURGER – 760-939-3470) |
| NAVAIRWARCENWPNDIV |
| 429 E. BOWEN RD. MAIL STOP 4015 |
| CHINA LAKE, CA 93555-6108 |
Direct Delivery Address (UPS, FedEx, etc.):
| COMMANDER |
| CODE 254200D (W. BURGER – 760-939-3470) |
| NAVAIRWARCENWPNDIV |
| BLDG 982, MAIL STOP 4015 |
| CHINA LAKE, CA 93555-6108 |
*The contractor has seven (7) days from posting for questions related to this Request for Quote (RFQ).
Note: The Government does not intend to provide financing for the awarded contract.
Section B - Supplies or Services and Prices
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Vector Signal Generators
FFP
The contractor shall provide three (3) Vector Signal Generator systems in accordance with Section C: Statement of Work, section 4.1.1 and 4.1.2 FOB: Destination
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Analog Signal Generator
FFP
The contractor shall provide one (1) Analog Signal Generator system in accordance with Section C: Statement of Work, section 4.2.1 and 4.2.2
NET AMT
Section C - Descriptions and Specifications
STATEMENT OF WORK
Statement of Work Signal Generation for Hardware in the Loop (HiL) 9/27/15
1.0 Scope/Background
2.0 In order to meet current and future requirements of Naval Air Warfare Center Weapons Division, China Lake (NAWCWD), the Radio Frequency Systems and Development branch (Code 472200D) is upgrading the Hardware in the Loop (HiL) facility located in Chamber 1 of building 2720. The Government intends to upgrade the facility by adding three agile RF sources to the existing scene generation system. This upgrade requires three (3) Vector Signal Generators (VSGs) and one (1) high performance analog signal generator.
3.0 Applicable Documents
None
4.0 Requirements/Specifications
The following describes the specifications for the two (2) types of signal generation systems to be procured. Each system type will consist of a single rackmount chassis housing the underlying signal generation system and all associated hardware. Each system type will have different signal capabilities to suit its intended use. All specifications are the minimum requirements unless otherwise stated.
4.1 System A Shall Meet the Following Specifications:
4.1.1 General characteristics:
· Primary use: Generation of all of the illumination modulation types for Evolved Sea Sparrow Missile Block I
4.1.2 The Contractor shall meet the following detailed specifications: Each of the three delivered units shall have all of the capabilities listed in Table 1 integrated into a single rack mount unit.
Table 1. ESG Vector Signal Generator Requirements
| E4438C – ESG vector signal generator |
| Includes hardware, CD of user guide and assembly level service manual. Return to manufacturer warranty - 3 years. |
| E4438C-503 |
| Frequency range from 250kHz to 3 GHz . GSA Contract # GS-07F280AA 11.3 %. |
| E4438C-UNJ |
| Enhanced phase noise performance: Up to 20 dB single sideband (SSB) improvement over standard performance. GSA Contract # GS-07F280AA 11.3 %. |
| E4438C-005 |
| 6 GB internal hard drive. GSA Contract # GS-07F280AA 11.3 %. |
| E4438C-602 |
| Advanced dual mode internal baseband generator with a state-of-the-art vector signal generator to facilitate complex I/Q modulation at RF frequencies. The internal baseband generator includes 64 MSa memory with digital bus capability. GSA Contract # GS-07F280AA 11.3 %. |
| E4438C-1EM |
| All connectors on rear panel. GSA Contract # GS-07F280AA 11.3 %. |
| E4438C-SP2 |
| Dynamic sequencing capability in the E4438C. GSA Contract # GS-07F280AA 11.3 %. |
| E4438C-1CP |
| Rackmount flange with front handle kit. The kit contains a pair of flanges, two handles, and the necessary hardware to mount the signal generator into EIA standard, 19-inch (482.6-mm) rack cabinets. |
4.2 System B Shall Meet the Following Specifications:
4.2.1 General characteristics:
· Primary use: High performance constant frequency signal generation
4.2.2 The Contractor shall meet the following detailed specifications: The product shall include all capabilities listed in Table 2 integrated into a single rackmount unit.
Table 2. PSG Analog Signal Generator Requirements
| E8257D -- PSG analog signal generator. |
| Includes standard adapter 3.5mm F to 3.5mm F and CD-ROM containing the English documentation set. Return to manufacturer warranty - 3 years. |
| E8257D-1E1 |
| Step attenuator to provide calibrated minimum output power levels of -135 dBm (up to 40 GHz) and -110 dBm (up to 70 GHz) while maintaining level accuracy. GSA Contract # GS-07F280AA 11.3 % |
| E8257D-UNX |
| Ultra-low phase noise. Close in phase stability and phase noise at offsets less than 10 KHz from the carrier. GSA Contract # GS-07F280AA 11.3 % |
| E8257D-UNW |
| Narrow pulse modulation and includes the ability to generate pulse modulated signals. Pulse parameters, such as pulse width and repetition rate, can be set internally or controlled via an external source. GSA Contract # GS-07F280AA 11.3 % |
| E8257D-520 |
| Frequency range from 250 kHz to 20 GHz. GSA Contract # GS-07F280AA 11.3 % |
| E8257D-007 |
| Fully synthesized continuous analog frequency |
and power sweeps. GSA Contract # GS-07F280AA 11.3 %.
| E8257D-008 |
| 8 GB removable flash memory. GSA Contract # GS-07F280AA 11.3 % |
| E8257D-UNT |
| AM, FM, phase modulation, and LF output. Adds internally or externally driven AM, FM and ØM |
signals and an internal low frequency modulation generator. GSA Contract # GS-07F280AA 11.3 %
| E8257D-1CP |
| Rackmount flange with front handle kit. The kit contains a pair of flanges, two handles, and the necessary hardware to mount the signal generator into EIA standard, 19-inch (482.6-mm) rack cabinets. |
4.3 Delivery/Acceptance:
The signal generators shall be delivered within 100 calendar days of contract award. The signal generators will be inspected by a Government representative at the Government’s facility. Acceptance of the signal generators is contingent upon delivery of the signal generators to the Government’s facility and successful determination and demonstration of all specifications identified in Sec. 4.1 and 4.2 above. The government will determine acceptance of the units within a month of receipt. Installation and training are not required. All units shall include a minimum of 1 year return to manufacturer warranty for all specifications identified in Sec. 4.1 and 4.2 above.
5.0 Deliverables
5.1 Vector Signal Generators: Quantity three (3) systems, fully integrated and operational, are adhering to the specifications/requirements in Sec. 4.1.1 and 4.1.2.
5.2 Analog Signal Generators: Quantity one (1) system, fully integrated and operational, adhering to the specifications/requirements in Sec. 4.2.1 and 4.2.2.
Section D - Packaging and Marking
| 5252.247-9508 | PROHIBITED PACKING MATERIALS (NAVAIR)(JUN 1998) |
| The use of asbestos, excelsior, newspaper or shredded paper (all types including waxed paper, computer paper and similar hydroscopic or non-neutral material) is prohibited. In addition, loose fill polystyrene is prohibited for shipboard use. |
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 |
CLAUSES INCORPORATED BY REFERENCE
| 52.246-2 |
| Inspection Of Supplies--Fixed Price |
| AUG 1996 |
| 252.246-7000 |
| Material Inspection And Receiving Report |
| MAR 2008 |
Section F - Deliveries or Performance
DELIVERY INFORMATION
| CLIN |
| DELIVERY DATE |
| QUANTITY |
| SHIP TO ADDRESS |
| DODAAC |
| 52.242-15 |
| Stop-Work Order |
| AUG 1989 |
| 52.247-34 |
| F.O.B. Destination |
| NOV 1991 |
Section G - Contract Administration Data
| 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). |
| ___________________________________________________________________________ | |
| (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. |
| ___________________________________________________________________________ | |
| (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: | | | _*________________________ | |
| Issue By DoDAAC: | | | _*________________________ | |
| Admin DoDAAC: | | | _*________________________ | |
| Inspect By DoDAAC: | | | _N68936___________________ | |
| Ship To Code: | | | | _*________________________ |
| Ship From Code: | | | _*________________________ | |
| Mark For Code: | | | _*________________________ | |
| Service Approver (DoDAAC): | | _N68936___________________ | | |
| Service Acceptor (DoDAAC): | | _N68936___________________ | | |
| 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 email address identified below in the "Send Additional Email Notifications" field of WAWF once a document is submitted in the system. | | | |
(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. |
*To be completed at award
Section H - Special Contract Requirements
| 5252.246-9526 | PROVISIONAL ACCEPTANCE UNDER SPECIAL CONDITIONS (NAVAIR)(OCT 2005) | |
| (a) Acceptance under Special Conditions. The Government may, at the discretion of the Contracting Officer, finally or provisionally accept any supply prior to completion of work on such supply in the following situations: | |
| | (1) When the contractor, despite the exercise of due diligence, encounters unavoidable delay in securing contractor-furnished property; |
| | (2) When Government-furnished property suitable for installation in any supply to be furnished hereunder is not delivered to the contractor in sufficient time to permit installation by the contractor prior to the date the supply is scheduled for delivery; or, |
| | (3) When defects or deficiencies are known to exist in the supply, but when correction of the defects or deficiencies is not practicable within the delivery schedule set forth in the contract. |
| (b) Pending completion of any supply provisionally accepted under this provision, the Contracting Officer shall withhold an amount as he determines to be appropriate from the contract price that represents the estimated value of the work remaining to be performed. The withhold will be released after final acceptance. | |
Section I - Contract Clauses
| 52.202-1 |
| Definitions |
| NOV 2013 |
| 52.203-3 |
| Gratuities |
| APR 1984 |
| 52.203-6 Alt I |
| Restrictions On Subcontractor Sales To The Government (Sep 2006) -- Alternate I |
| OCT 1995 |
| 52.203-15 |
| Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 |
| JUN 2010 |
| 52.204-10 |
| Reporting Executive Compensation and First-Tier Subcontract Awards |
| OCT 2015 |
| 52.209-6 |
| Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment |
| OCT 2015 |
| 52.209-10 |
| Prohibition on Contracting With Inverted Domestic Corporations |
| NOV 2015 |
| 52.212-4 |
| Contract Terms and Conditions--Commercial Items |
| MAY 2015 |
| 52.216-20 |
| Definite Quantity |
| OCT 1995 |
| 52.219-8 |
| Utilization of Small Business Concerns |
| OCT 2014 |
| 52.222-3 |
| Convict Labor |
| JUN 2003 |
| 52.222-19 |
| Child Labor -- Cooperation with Authorities and Remedies |
| FEB 2016 |
| 52.222-21 |
| Prohibition Of Segregated Facilities |
| APR 2015 |
| 52.222-26 |
| Equal Opportunity |
| APR 2015 |
| 52.222-35 |
| Equal Opportunity for Veterans |
| OCT 2015 |
| 52.222-36 |
| Equal Opportunity for Workers with Disabilities |
| JUL 2014 |
| 52.222-37 |
| Employment Reports on Veterans |
| FEB 2016 |
| 52.222-40 |
| Notification of Employee Rights Under the National Labor Relations Act |
| DEC 2010 |
| 52.222-50 |
| Combating Trafficking in Persons |
| MAR 2015 |
| 52.222-54 |
| Employment Eligibility Verification |
| OCT 2015 |
| 52.223-3 |
| Hazardous Material Identification And Material Safety Data |
| JAN 1997 |
| 52.223-18 |
| Encouraging Contractor Policies To Ban Text Messaging While Driving |
| AUG 2011 |
| 52.225-13 |
| Restrictions on Certain Foreign Purchases |
| JUN 2008 |
| 52.232-9 |
| Limitation On Withholding Of Payments |
| APR 1984 |
| 52.233-3 |
| Protest After Award |
| AUG 1996 |
| 252.203-7000 |
| Requirements Relating to Compensation of Former DoD Officials |
| SEP 2011 |
| 252.225-7001 |
| Buy American And Balance Of Payments Program-- Basic (Nov 2014) |
| NOV 2014 |
| 252.232-7009 |
| Mandatory Payment by Governmentwide Commercial Purchase Card |
| DEC 2006 |
| 252.232-7010 |
| Levies on Contract Payments |
| DEC 2006 |
| 252.243-7002 |
| Requests for Equitable Adjustment |
| DEC 2012 |
| 252.244-7000 |
| Subcontracts for Commercial Items |
| JUN 2013 |
| 252.247-7023 |
| Transportation of Supplies by Sea |
| APR 2014 |
| 52.204-19 | INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) |
| The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract. |
| 52.212-5 | CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS - COMMERCIAL ITEMS (FEB 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). |
| [X] (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 (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). |
| [___] (5) [Reserved]. |
| [___] (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014)(Pub.L. 111-117, section 743 of Div. C). |
| [___] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014)(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. |
| [X] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)). |
| [___] (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637(d)(4)). |
| [___] (ii) Alternate I (Oct 2001) of 52.219-9. |
| [___] (iii) Alternate II (Oct 2001) of 52.219-9. |
| [___] (iv) Alternate III (Oct 2014) 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)). |
| [___] (25) 52.222-3, Convict Labor (Jun 2003)(E.O. 11755). |
| [___] (26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2016)(E.O. 13126). |
| [___] (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). |
| [X] (28) 52.222-26, Equal Opportunity (Apr 2015)(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). |
| [X] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)(E.O. 13496). |
| [X] (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). |
| [X] (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)(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.) |
| [___] (36)(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. |
| [___] (37)(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. |
| [___] (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b) |
| [___] (39)(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. |
| [___] (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011)(E.O. 13513). |
| [___] (41) 52.225-1, Buy American--Supplies (May 2014)(41 U.S.C. chapter 83). |
| [___] (42)(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. |
| [___] (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). |
| [___] (44) 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). |
| [___] (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013)(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2303 Note). |
| [___] (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007)(42 U.S.C. 5150). |
| [___] (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). |
| [___] (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002)(41 U.S.C. 4504, 10 U.S.C. 2307(f)). |
| [___] (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995)(41 U.S.C. 4504, 10 U.S.C. 2307(f)). |
| [___] (50) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013)(31 U.S.C. 3332). |
| [___] (51) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013)(31 U.S.C. 3332). |
| [___] (52) 52.232-36, Payment by Third Party (May 2014)(31 U.S.C. 3332). |
| [___] (53) 52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a). |
| [___] (54)(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). | |
| [X] (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 (Oct 2014)(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 (Apr 2015)(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) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013)(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). |
| | (xvii) 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. |
| | (xviii) 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. | |
| 52.252-2 | 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. |
| 52.252-6 | AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984) |
| (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause. |
| (b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. |
| 252.204-7004 | SYSTEM FOR AWARD MANAGEMENT (52.204-7)(JUL 2013) - ALT A (FEB 2014) | | |
| (a) Definitions. As used in this provision-- | | |
| “System for Award Management (SAM) database” means the primary Government repository for contractor information required for the conduct of business with the Government. | | |
| “Commercial and Government Entity (CAGE) Code” means - | | |
| | (1) A code assigned by the Defense Logistics Information Service (DLIS) to identify a commercial or Government entity: or | |
| | (2) A code assigned by a member of the North Atlantic Treaty Organization that DLIS records and maintains in the CAGE master file. This type of code is known as an "NCAGE code." | |
| “Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities. | | |
| “Data Universal Numbering System +4 (DUNS+4) number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR 32.11) for the same parent concern. | | |
| “Registered in the System for Award Management (SAM) database” means that-- | | |
| | (1) The contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, and Contractor and Government Entity (CAGE) code into the SAM database; and | |
| | (2) The contractor has completed the Core Data, 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 part of the SAM registration process; and | |
| | (4) The Government has marked the record "Active." | |
| (b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. | | |
| | (2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the SAM database. | |
| (c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. | | |
| | (1) An offeror may obtain a DUNS number-- | |
| | | (i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or |
| | | (ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office. |
| | (2) The offeror should be prepared to provide the following information: | |
| | | (i) Company legal business. |
| | | (ii) Tradestyle, doing business, or other name by which your entity is commonly recognized. |
| | | (iii) Company physical street address, city, state, and Zip Code. |
| | | (iv) Company mailing address, city, state and Zip Code (if separate from physical). |
| | | (v) Company telephone number. |
| | | (vi) Date the company was started. |
| | | (vii) Number of employees at your location. |
| | | (viii) Chief executive officer/key manager. |
| | | (ix) Line of business (industry). |
| | | (x) Company Headquarters name and address (reporting relationship within your entity). |
| (d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. | | |
| (e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation. | | |
| (f) Offerors may obtain information on registration at https://www.acquisition.gov. | | |
252.204-7006 BILLING INSTRUCTIONS (OCT 2005)
When submitting a request for payment, the Contractor shall--
| (a) Identify the contract line item(s) on the payment request that reasonably reflect contract work performance; and |
| (b) Separately identify a payment amount for each contract line item included in the payment request. |
| 252.204-7012 | SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (DEVIATION 2016-O0001)(OCT 2015) | | | |
| (a) Definitions. As used in this clause -- | | | |
| "Adequate security" means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information. | | | |
| "Compromise" means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred. | | | |
| "Contractor attributional/proprietary information" means information that identifies the contractor(s), whether directly or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description, facility locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company. | | | |
| "Contractor information system" means an information system belonging to, or operated by or for, the Contractor. | | | |
| "Controlled technical information" means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions. | | | |
| "Covered contractor information system" means an information system that is owned, operated by or for, a contractor and that processes, stores, or transmits covered defense information. | | | |
| "Covered defense information" means unclassified information that -- | | | |
| | (i) Is -- | | |
| | | (A) Provided to the contractor by or on behalf of DoD in connection with the performance of the contract; or | |
| | | (B) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract; and | |
| | (ii) Falls in any of the following categories: | | |
| | | (A) Controlled technical information. | |
| | | (B) Critical information (operations security). Specific facts identified through the Operations Security process about friendly intentions, capabilities, and activities vitally needed by adversaries for them to plan and act effectively so as to guarantee failure or unacceptable consequences for friendly mission accomplishment (part of Operations Security process). | |
| | | (C) Export control. Unclassified information concerning certain items, commodities, technology, software, or other information whose export could reasonably be expected to adversely affect the United States national security and nonproliferation objectives. To include dual use items; items identified in export administration regulations, international traffic in arms regulations and munitions list; license applications; and sensitive nuclear technology information. | |
| | | (D) Any other information, marked or otherwise identified in the contract, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies (e.g., privacy, proprietary business information). | |
| "Cyber incident" means actions taken through the use of computer networks that result in an actual or potentially adverse effect on an information system and/or the information residing therein. | | | |
| "Forensic analysis" means the practice of gathering, retaining, and analyzing computer-related data for investigative purposes in a manner that maintains the integrity of the data. | | | |
| "Malicious software" means computer software or firmware intended to perform an unauthorized process that will have adverse impact on the confidentiality, integrity, or availability of an information system. This definition includes a virus, worm, Trojan horse, or other code-based entity that infects a host, as well as spyware and some forms of adware. | | | |
| "Media" means physical devices or writing surfaces including, but not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which information is recorded, stored, or printed within an information system. | | | |
| "Operationally critical support" means supplies or services designated by the Government as critical for airlift, sealift, intermodal transportation services, or logistical support that is essential to the mobilization, deployment, or sustainment of the Armed Forces in a contingency operation. | | | |
| "Rapid(ly) report(ing)" means within 72 hours of discovery of any cyber incident. | | | |
| "Technical information" means technical data or computer software, as those terms are defined in the clause at DFARS 252.227-7013, Rights in Technical Data - Non Commercial Items, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of technical information include research and engineering 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 defense information on all covered contractor information systems that support the performance of work under this contract. To provide adequate security, the Contractor shall - | | | |
| | (1) Implement information systems security protections on all covered contractor information systems including, as a minimum -- | | |
| | | (i) For covered contractor information systems that are part of an Information Technology (IT) service or system operated on behalf of the Government - | |
| | | | (A) Cloud computing services shall be subject to the security requirements specified in the clause 252.239-7010, Cloud Computing Services, of this contract; and |
| | | | (B) Any other such IT service or system (i.e., other than cloud computing) shall be subject to the security requirements specified elsewhere in this contract; or |
| | | (ii) For covered contractor information systems that are not part of an IT service or system operated on behalf of the Government and therefore are not subject to the security requirement specified at paragraph (b)(1)(i) of this clause -- | |
| | | | (A) The security requirements in National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, "Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations," (see http://dx.doi.org/10.6028/NIST.SP.800-171) that is in effect at the time of the solicitation is issued or as authorized by the Contracting Officer with the exception of the derived security requirement 3.5.3 "Use of multifactor authentication for local and network access to privileged accounts and for network access to non-privileged accounts", which will be required not later than 9 months after award of the contract, if provision 252.204-7008, Compliance with Safeguarding Covered Defense Information Controls (Deviation 2016-O0001)(OCT 2015); or |
| | | | (B) Alternative but equally effective security measures used to compensate for the inability to satisfy a particular requirement and achieve equivalent protection approved in writing by an authorized representative of the DoD Chief Information Officer (CIO) prior to contract award; and |
| | | (2) Apply other information systems security measures when the Contractor reasonably determines that information system security measures, in addition to those identified in paragraph (b)(1) of this clause, may be required to provide adequate security in a dynamic environment based on an assessed risk or vulnerability. | |
| (c) Cyber incident reporting requirement. | | | |
| | (1) When the Contractor discovers a cyber incident that affects a covered contractor information system or the covered defense information residing therein, or that affects the contractor's ability to perform the requirements of the contract that are designated as operationally critical support, the Contractor shall -- | | |
| | | (i) Conduct a review for evidence of compromise of covered defense information, including, but not limited to, identifying compromised computers, servers, specific data, and user accounts. This review shall also include analyzing covered contractor information system(s) that were part of the cyber incident, as well as other information systems on the Contractor's network(s), that may have been accessed as a result of the incident in order to identify compromised covered defense information, or that affect the Contractor's ability to provide operationally critical support; and | |
| | | (ii) Rapidly report cyber incidents to DoD at http://didnet.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://didnet.dod.mil. | | |
| | (3) Medium assurance certificate requirement. In order to report cyber incidents in accordance with this clause, the Contractor or subcontractor shall have or acquire a DoD-approved medium assurance certificate to report cyber incidents. For information on obtaining a DoD-approved medium assurance certificate, see http://iase.disa.mil/pki/eca/Pages/index.aspx. | | |
| (d) Malicious software. The Contractor or subcontractors that discover and isolate malicious software in connection with a reported cyber incident shall submit the malicious software in accordance with instructions provided by the Contracting Officer. | | | |
| (e) Media preservation and protection. When a Contractor discovers a cyber incident has occurred, the Contractor shall preserve and protect images of all known affected information systems identified in paragraph (c)(1)(i) of this clause and all relevant monitoring/packet capture data for at least 90 days from the submission of the cyber incident report to allow DoD to request the media or decline interest. | | | |
| (f) Access to additional information or equipment necessary for forensic analysis. Upon request by DoD, the Contractor shall provide DoD with access to additional information or equipment that is necessary to conduct a forensic analysis. | | | |
| (g) Cyber incident damage assessment activities. If DoD elects to conduct a damage assessment, the Contracting Officer will request that the Contractor provide all of the damage assessment information gathered in accordance with paragraph (e) of this clause. | | | |
| (h) DoD safeguarding and use of contractor attributional/proprietary information. The Government shall protect against the unauthorized use or release of information obtained from the contractor (or derived from information obtained from the contractor) under this clause that includes contractor attributional/proprietary information, including such information submitted in accordance with paragraph (c). To the maximum extent practicable, the Contractor shall identify and mark attributional/proprietary information. In making an authorized release of such information, the Government will implement appropriate procedures to minimize the contractor attributional/proprietary information that is included in such authorized release, seeking to include only that information that is necessary for the authorized purpose(s) for which the information is being released. | | | |
| (i) Use and release of contractor attributional/proprietary information not created by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is not created by or for DoD is authorized to be released outside of DoD-- | | | |
| | (1) To entities with missions that may be affected by such information; | | |
| | (2) To entities that may be called upon to assist in the diagnosis, detection, or mitigation of cyber incidents; | | |
| | (3) To Government entities that conduct counterintelligence or law enforcement investigations; | | |
| | (4) For national security purposes, including cyber situational awareness and defense purposes (including with Defense Industrial Base (DIB) participants in the program at 32 CFR part 236); or | | |
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