18Q0334_Commercial_Solicitation.doc

Section A - Solicitation/Contract Form

CLAUSES INCORPORATED BY FULL TEXT

FOR YOUR INFORMATION:

The following addresses and points of contact are provided:

Name:

Erika Martin

Phone:

(760) 939- 0283

DSN:

437- 0283

FAX:

(760) 939- 3095

Email address: Erika.m.martin@navy.mil

U.S. Postal Service Mailing Address:

COMMANDER

CODE 254200D (E. Martin– 760-939-0283)

NAVAIRWARCENWPNDIV

429 E. BOWEN RD. MAIL STOP 4015

CHINA LAKE, CA 93555-6108

Direct Delivery Address (UPS, FedEx, etc):

COMMANDER

CODE 254200D (E. Martin)

NAVAIRWARCENWPNDIV

BLDG 982, MAIL STOP 4015

CHINA LAKE, CA 93555-6108

THE INFORMATION BELOW IS NOT ALL INCLUSIVE AS TO WHAT IS REQUIRED FOR A TECHNICAL EVALUATION. IT IS THE RESPONSIBILITY OF THE VENDOR TO SUBMIT ENOUGH INFORMATION FOR A SOUND TECHNICAL EVALUATION TO BE REVIEWED BY OUR TECHNICAL POINT OF CONTACT.

ANY CONTRACT RESULTING FROM THIS SOLICITATION WILL UTILIZE WIDE AREA WORKFLOW (WAWF) FOR INVOICING AND PAYMENT REQUEST.

THE BELOW INFORMATION IS REQUIRED FOR ANY AWARD RESULTING FROM THIS SOLICITATION.

VENDOR NAME:

Address Line 1:

Address Line 2:

VENDOR POC:

VENDOR PHONE:

VENDOR FAX:

VENDOR EMAIL:

CAGE CODE:

DUN & BRADSTREET #

PRODUCT COUNTRY of ORIGIN:

BUSINESS SIZE:

SHIPPING DESTINATION or ORIGIN:

SHIPPING COST:

WAWF REGISTERED: https://wawf.eb.mil/

SAM: https://www.sam.gov/portal/public/SAM

WARRANTY IF ANY:

DID YOU INCLUDE YOUR SPECIFICATIONS:

***To be completed at time of award***

QUOTE #__________ DATED__________

Partial Shipment/Partial Payment is ACCEPTABLE by complete line item only.

Partial shipment/Partial payment is NOT ACCEPTABLE.

Payment IS AUTHORIZED at the beginning of the period of performance. The invoice may not be submitted before the period of performance begins.

EARLY DELIVERY IS ACCEPTED AND AUTHORIZED AT NO ADDITIONAL COST TO THE GOVERNMENT.

Vendor Contact:

Name: ____________________________________

Phone: ____________________________________

Fax: ____________________________________

Email: ____________________________________

Technical Contact:

Name: ___________________________________

Phone: ___________________________________

Email: ___________________________________

SHIPPING FEES ARE LOCATED IN SECTION B OF THIS DOCUMENT CALLED OUT AS TAC AMOUNT'.

SHIPPING INSTRUCTIONS ARE LOCATED IN SECTION F OF THIS DOCUMENT.

Invoicing instructions are located in Section G of this document.

This vendor IS/IS NOT a small business under NAICS ________________.

This order is a purchase order with the Federal Government and is tax exempt.

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, analyses, and related information, and computer software executable code and source code. Per this definition there will not be any technical information provided, as such clause 252.204-7012 would not be in effect.

Section B - Supplies or Services and Prices

IOB Equipmtent installation

FFP

Please see SOW attached in Section C

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: Destination

PURCHASE REQUEST NUMBER: 1300731170

NET AMT

Section C - Descriptions and Specifications

STATEMENT OF WORK

STATEMENT OF WORK

FOR

AUTOMATED ENTRY CONTROL SYSTEM

1.0 SCOPE

This Statement of Work (SOW) is to provide Automated Entry Control Systems (AECS) and installations for a secure facility at China Lake to be in compliance with DoD 5200.01 Volume 3, DoD Information Security Program, Protection of Classified Information; SECNAV M5510.36, Department of the Navy Information Security Program and OPNAV INST 5530.14E, Navy Physical Security and Law Enforcement Program.

1.1 BACKGROUND

Mission Statement: The Naval Air Warfare Center Weapons Division NAWCWD Security Departments mission statement is to provide guidance to the work force on the proper handling, safeguarding, destruction and transmission of classified and controlled unclassified information.

2.0 APPLICABLE DOCUMENTS

Throughout the life of the contract, if any instruction or document is replaced or superseded, the replacement of superseding instruction or document will be updated and applicable in this SOW. In the event of a conflict between the text of this SOW and the applicable documents cited herein, the text of this SOW shall take precedence.

2.1 DoD 5200.01 Volume 3

2.2 SECNAV M5510.36

2.3 OPNAV INST 5530.14E

2.4 NFPA 70 National Electric Code

3.0 AECS REQUIREMENTS

3.1 Unless noted as Government Furnished Contractor Installed (GFCI), all equipment and material shall be provided by the contractor as Contractor Furnished Contractor Installed (CFCI). Contractor will not begin work until all CFCI equipment and materials are on site.

3.2 The Contractor shall utilize Identiv/Hirsch controls and ScrambleProx keypads compatible with government issued CACs for the installation of the AECS systems.

3.3 The Contractor shall coordinate the installation and test work schedule with the Government Technical Point of Contact (TPOC) prior to beginning the work to ensure that the Government has adequate time to schedule the installation and test. Contractor shall complete the installation of each system. The Government TPOC will program the system.

3.4 The contractor shall provide and install a new fire rated unpainted back board for mounting the control and power supply. The contractor will label all the equipment that is installed. The Contractor shall mount new AECS control panels and power supplies to a wall near existing power sources, between three and six feet of the floor designated by the TPOC. Any alternate location of the panel must have prior approval from the TPOC, but all cases the panel must be safely accessible from a 6 foot step ladder after all furniture is in the space.

3.5 The Contractor shall provide all electrical and control wiring.

3.6 All wiring will be labeled with identifying where they are originating from and going to.

3.7 The contractor shall use existing conduit or provide new conduit to conceal all wiring from the panel to above the ceiling or between panels. Wiring above ceilings or inside walls does not need to be in conduits. All installation cable above suspended ceiling must be supported to protect from being damage accordance with NFPA 70.

3.8 The Contractor shall provide electrical power for all new components of the AECS systems. The Contractor shall tap available outlet or other power source to provide the required power. All electrical work must comply with NFPA 70 National Electric Code.

3.9 The contractor shall install Identiv smart ScrambleProx pad/reader to meet height requirements for ADA and local requirements in angled front mounting box.

3.10 The contractor shall use Identiv DS47L-SSP-TS-03YD readers with red LED for most indoor applications and Identiv DS47L-SSP-TS-HI-03YD for all outdoor applications and locations where the ambient light is too bright to be able to see the red LED readers. The readers will be wired with 18-6 shielded white jacket wire. Reader wiring: Red wired to + (DC) terminal, Black wired to Ground terminal, Green wired to A Data terminal, White wired to B Data terminal, Shield wired to Shield (S) terminal

3.11 The Contractor shall install a MELM 3 door module within 10 feet of the door, request to exit switch, and door position switch for each access controlled door. The Contractor must demonstrate the AECS door generates accurate signals for door open to long, force entry, request to exit, access denied, and access granted. The MELM 3 module cable will be 18-2 shielded, white jacket. The MELM 3 module will be wired as follows: Red of the 18-2 shielded wire to White of the MELM 3 module and the Black of the 18-2 shielded wire to the Black of the MELM 3 module. The contractor will perform testing with Government TPOC personnel to ensure all events are reporting properly.

3.12 The contractor shall provide and install a request to exit (REX) switch at all entry reader doors. The REX switch shall be wired to the MELM 3 module with 22-4 cable wired as follows: Green and White of the 22-4 cable to the Blue pair of the MELM 3 module. If the REX requires power to operate then, the Red and Black of the 18-2 cable coming from the head end power supply is wired to the Red and Black of the 22-4 cable going to the REX sensor.

3.13 The contractor shall install a door position switch on every controlled door specified by TPOC. The door position switch shall be wired with a 22-4 cable to the MELM 3 module, wired as follows: Red and Green of the 22-4 cable to the Orange leads of the MELM 3 module.

3.14 The Contractor shall install and wire a tamper switch at each Identiv door panel & power supply enclosure/s. The Identiv door panel tamper switch shall be connected to the on board tamper circuit. The tamper switch of each power supply shall be wired using a MELM2 on the AEB8 input. The tamper switch of each power supply shall be wired with a 22-4 cable to the MELM 2 module, wired as follows: Red and Green of the 22-4 cable to the Orange leads of the MELM 2 module. Tamper switches shall be programmed as a 24 hour point/instant alarm. The tamper switch shall trigger an alarm on Velocity software.

3.15 Any devices or enclosures mounted on the exterior of a space/building shall be provided with a tamper switch. The tamper switch shall be wired with a 22/4 cable, wired as follows: Red and Green of the 22-4 cable from the tamper switch to the green leads of the MELM 3 module of the controlled access door.

3.16 The contractor shall supply a separate UL listed auxiliary power supply for lock power. It must be wired to monitor AC and DC power on an alarm expansion board input (AEB8) utilizing a MELM 2 module. The power supervision of each power supply shall be wired with a 22-4 cable to the MELM 2 module, wired as follows: Red and Green of the 22-4 cable to the Orange leads of the MELM 2 module.

3.17 The Contractor shall provide new electrified doors hardware and all other associated parts as necessary to complete a new AECS system.

3.18 All interior locks and electric strikes systems shall be BHMA Grade 1

3.19 All entry doors to secure rooms will have locks from the Federal Qualified Products list for FF-L-2890B with a KabaMas X-10 combination lock.

3.20 All locking hardware shall be installed and rated for 24V operation.

3.21 All lock power will be at minimum what is specified by the lock manufacturer and/or 18-2 wire gauge minimum.

3.22 The Contractor shall install a CAT-5 cable for remote connectivity specified by TPOC.

3.23 The Contractor shall verify with the Government TPOC that all systems have connectivity.

3.24 The contractor shall provide a completed programming sheet to the government TPOC.

3.25 The Contractor shall perform a system test for each AECS system. The Contractor TPOC shall verify each system functions as required per regulations and standards addressed in 2.0.

3.26 The Contractor shall participate in a walk through for each system installed with the Government TPOC and ensure all punch list items are completed. If there are any punch list items the contractor shall re-walk each system with the Government TPOC.

3.27 The contractor shall provide as built drawings including floorplan maps with locations of all installed equipment.

3.28 All installation and maintenance shall be accomplished by U.S. Citizens who have been subjected to a trustworthiness determination per SECNAVINST 5510.30B.

3.29 The Contractor shall remove all existing AECS systems being replaced.

4.0 Warranty Period

4.1 The Contractor shall provide three-day normal working day response to any warranty issues pertaining to the work provided by this contract for one year from the contract exception date.

5.0 Miscellaneous

5.1 The performance of the contractor and the quality of work delivered shall be subject to in-process review and inspection during performance. Inspections shall be accomplished by the TPOC who shall be permitted to observe work or conduct inspections at all reasonable hours. Inspection by the TPOC of services rendered does not relieve the contractor of any responsibility of failure to meet contract requirements, which may be disclosed prior to final acceptance.

5.2 Technical Point of Contact (TPOC): ***To be completed at time of award***

5.3 The contractor shall immediately notify the Contracts Office and NTR of any problems causing increased scope or cost, delay, or work stoppage. Work shall not proceed without authorization from the Contracting Officer. Final inspection and acceptance of the deliverables shall be performed by the NTR.

6.0 Security

The contractor will not require access to any Classified Material Information (CMI) in support of this contract and a Department of Defense (DoD) Contract Security Classification Specification (DD Form 254) will not be required. The security requirements specified herein shall apply to the contractor and all subcontractors. The contractor shall comply with all applicable Government security regulations.

The contractor shall implement and maintain security procedures and controls to prevent unauthorized disclosure of Controlled Unclassified Information (CUI) and to control distribution of CUI. CUI such as For Official Use Only (FOUO) information generated and/or provided under the contract shall be marked and safeguarded as specified in DoDM 5200.01, Information Security Program Manual (Volume 4) available at http://www.dtic.mil/whs/directives/corres/pdf/520001_vol4.pdf and DoD 5400.7-R, Freedom of

Information Program, Chapter 3 (pages 31-42) available at http://www.dtic.mil/whs/directives/corres/pdf/540007r.pdf. Contractor shall not store or transmit CUI on personal information technology systems or via personal e-mail.

As a condition of employment, contractor personnel shall be required to qualify for and obtain a Rapidgate credential and appropriate badge for physical installation access to federally controlled facilities, other than on an occasional or intermittent basis. The Navy Commercial Access Control System (NCACS) Rapidgate credential will be the primary credential when contractor personnel are only required to access Navy installations and do not require a Common Access Card. Contractor service support personnel who do not require access to any CMI in performance of this contract but are assigned to sensitive national security duties shall require the appropriate tiered investigation in accordance with Federal Investigative Standards. Contractor personnel performing duties under this contract shall be processed through the Naval Air Warfare Center, Weapons Division (NAWCWD), China Lake Personnel Security Office for a Non National Industrial Security Program (Non-NISP) investigation. NAWCWD Command Security Manager (CSM) shall be made aware of any contractor personnel who have an investigation with an action pending, eligibility has been administratively withdrawn or pending, withdrawal of interim clearance eligibility, eligibility of no determination made, or final denial or revocation of security clearance eligibility. Contractor personnel who lose their eligibility for CUI access will not have access to any federal government restricted areas or facilities.

Contractor personnel working on a federal installation in support of this contract shall report to the NAWCWD CSM any adverse information or circumstances of which they are aware pose a threat to the security of DoD Personnel, contractor personnel, resources, and unclassified defense information.

For all work performed aboard NAWCWD the contractor shall comply with the provisions of the local command regulations. Contractor employees shall comply with local base procedures for entry into any federal installation controlled or restricted areas and shall cooperate with any preliminary inquiries conducted by NAWCWD CSM regarding inquiry into significant command security weaknesses.

All work shall be performed in accordance with Department of Defense (DoD) and Department of Navy (DoN) OPSEC requirements per the National Security Decision Directive 298, DoDD 5205.02E, DoD OPSEC Program, DoD 5205.02-M, DoD OPSEC Program Manual, OPNAVINST 3432.1A DoN Operations Security, and any specific Command Security Program Regulations.

Any controlled unclassified information pertaining to this contract shall not be released for public dissemination, including posting to any social media sites such as Facebook or Twitter, unless it has been approved for public release by appropriate U.S. Government authority. Proposed public releases shall be submitted for approval prior to release through Commander, Code 744000D/E, Naval Air Warfare Center, Weapons Division, 1 Administration Circle, STOP 1301, China Lake, CA 93555-6100.

Prior to any involvement in the execution of this contract by a foreign owned or controlled entity, international organization, or foreign government, the contractor must be in compliance with the ITAR 22 C.F.R 120-130. The United States Government reserves the right to deny official and unofficial visit requests by foreign persons to United States military facilities.

7.0 Additional Notes on Building/Room

7.1 Existing Access control system (Readykey)

- Remove existing access control system (enclosures, reader, wire)

7.2 There are a total of 8 doors that will tie to the new Identiv/Hirsch AECS system

7.3 Doors:

- Main West Entry: Existing glass double doors

- North East Door: Existing Adams bar Vertical Rods with cover plate on mortise

- South East Door: Existing Von Duprin crash bar w/ mortise lock body

- Door 116: Existing mortise lock body with nob handle

- Door South East Garage (Leading into 142 Hallway): Existing Adams bar Vertical Rods with cover plate on mortise

- Door 103 (from Garage): Existing mortise body Adam bar

- Door 109 (from Garage): Existing Adams bar Vertical Rods with cover plate on mortise

- Door 113: Existing mortise lock body with Adams bar Vertical Rods

7.4 Exterior is brick wall.

7.5 Drop ceiling tile throughout the interior of the building.

Assembly Item List Attachment 1

- 1 each Identiv MX8 Controller

- 1 each EBIC5 Cable (cable for expansion boards)

- 1 each Identiv AEB8 Alarm Expansion Board

- 1 each Identiv REB8 Relay Expansion Board

- 1 each MEB/CB128 Memory expansion board

- 7 each Identiv DS47L-SSP-TS-HL-03YD ScrambleProx CAC enabled readers

- 1 each Identiv DS47L-SSP-TS-03YD ScrambleProx CAC enabled readers

- 3 each Identiv MB5 Mounting Boxes Exterior

- 5 each Identiv MB2SL Angle Front Mounting Boxes

- 5 each Identiv MBX Extension Boxes

- 8 each Identiv MELM 3 Door Modules

- 3 each Identiv MELM 2 door modules (for power supplies and 24 Hr. door/s)

- 1 each Altronix AL600ULX UL Listed power supply or equal

- 1 each Altronix ACM8CB UL Listed Relay output board or equal

- 12 each Door Contacts

- 1 each Tamper switch

- 7 each Power transfer hinge

- 1 each Armored door cord

- 1 each Von Duprin electrified Mortise Cylindrical Lever Handle Lock w/Rex or equal

- 1 each Von Duprin Crash Bar w/Support Power Supply & w/Rex or equal

- 4 each Von Duprin electrified mortise lock body w/Rex or equal

- 4 each Von Duprin crash Bar w/pull lever handle or equal

- 2 each Von Duprin Crash Bar w/Rex & w/Support Power Supply & pull lever handle or equal to

- 5 each 12 Volt 8 Amp Hour Batteries

- Approximately 20 Ft. of CAT5

- Approximately 2500 Ft. of 18/6

- Approximately 2500 Ft. of 18/2 shielded

- Approximately 2500 Ft. of 18/2

- Approximately 100 Ft. of 22/4

- Approximately 50 feet of 1/2” conduit

- Misc. connectors, electrical boxes, conduit clamps, screws and small parts

Initial programming and labor to install all Identiv, hardware, conduit, fittings, and cables as required to provide a complete installation Section E - Inspection and Acceptance

CLAUSES INCORPORATED BY FULL TEXT

E-TXT-04

INSPECTION AND ACCEPTANCE (DESTINATION) (APR 2002)

Inspection and acceptance of the supplies or services to be furnished hereunder shall be made at destination by the receiving activity.

Section F - Deliveries or Performance

DELIVERY INFORMATION

29-NOV-2018

SHIPPING INSTRUCTIONS

FOR DELIVERIES TO NAWCWD CA

FOB: Destination N68936

CLAUSES INCORPORATED BY REFERENCE

***To be completed at time of award***

F-TXT-10

SHIPPING INSTRUCTIONS (CHINA LAKE) (OCT 2017)

SHIP TO:

NAVAL AIR WARFARE CENTER WEAPONS DIVISION (NAWCWD)

Attn: TPOC, N68936XXXXXX, Code XXXXXX, Phone: (760) 939-XXXX

Bldg. 1024, Blandy Ave.

China Lake, CA 93555-6100

Failure to mark each shipping label and packing list as indicated above may result in return of shipment at your expense, or will cause a delay in processing your invoice for payment.

DOCK HOURS are Monday through Thursday, and Alternating Fridays, 0730-1530. If you anticipate making delivery on a Friday please call Receiving at (760)939-2305 to verify receiving dock hours.

Section G - Contract Administration Data

CLAUSES INCORPORATED BY FULL TEXT

***To be completed at time of award***

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

**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: N68936

(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:

N64141

Issue By DoDAAC:

N68936

Admin DoDAAC:

Inspect By DoDAAC:

"Leave Blank"

Ship To Code:

Ship From Code:

Mark For Code:

Service Approver (DoDAAC):

Service Acceptor (DoDAAC):

Accept at Other DoDAAC:

LPO DoDAAC:

DCAA Auditor DoDAAC:

Other DoDAAC(s):

(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.

POC:____________________________________________________________________________

ALT POC:____________________________________________________________________________

(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: N/A

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

G-TXT-01

ATTENTION! E-MAIL ADDRESS REQUIRED FOR DISTRIBUTION

All Naval Air Warfare Center Weapons Division Contracts/ Purchase Orders and other related documents are now distributed by electronic mail.

Please provide the e-mail address to which distribution of contracts/purchase orders should be made.

E-Mail Address:___________________________________________________

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

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 (DEVIATION 2013-O0019) (JUL 2018)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) 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.

(b)

(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(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 (Oct 2015) (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 (Sep 2016) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(x) 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.

(xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xii) ___ (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. chapter 78 E.O. 13627).

(xiii) 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.)

(xiv) 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)

(xv) 52.222-54, Employment Eligibility Verification (Oct 2015).

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

(xvii) 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).

(xviii) 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.

(xix) 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.

(End of Clause)

52.222-36

EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JULY 2014)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

52.232-39

UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

(a) Except as stated in paragraph (b) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or other legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(1) Any such clause is unenforceable against the Government.

(2) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOX, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(3) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(b) Paragraph (a) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

52.232-40

PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contractor or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

52.233-4

APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

United States law will apply to resolve any claim of breach of this contract.

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.

(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 provided meets security requirements equivalent to those established by the Government for the Federal Risk and Authorization Management Program (FedRAMP) Moderate baseline (https://www.fedramp.gov/resources/documents/) and that the cloud service provider complies with requirements in paragraphs (c) through (g) of this clause for cyber incident reporting, malicious software, media preservation and protection, access to additional information and equipment necessary for forensic analysis, and cyber incident damage assessment.

(3) Apply other information systems security measures when the Contractor reasonably determines that information systems security measures, in addition to those identified in paragraph (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, the Contractor shall --

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

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

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

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

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

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

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

(g) Cyber incident 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 purposes or activity, subject to all applicable statutory, regulatory, and policy based restrictions on the Government's use and release of such information.

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

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

(m) Subcontracts. The Contractor shall --

(1) Include this clause, including this paragraph (m), in subcontracts, or similar contractual instruments, for operationally critical support, or for which subcontract performance will involve covered defense information, including subcontracts for commercial items, without alteration, except to…