21R0019 Amendment 2.docx

N6893621R0019

Section A - Solicitation/Contract Form

QUESTIONS AND ANSWERS

Q&A Responses:

1. Question: Are you requiring one supplier to provide all the items on the contract, or will you have a few for the different components?

Answer: Each contractor will quote on all requirements /what they can and there will be potential to have orders going to the differing contractors based on the quotes received.

2. Question: When is the due date?

Answer: The due date of this solicitation is 07/1/21 as listed on SAM.gov

3. Question: When will the Tech Data be available?

Answer: The Tech data for the initial order can be found in Section L of the attached soliciation in SAM.gov

CLAUSES INCORPORATED BY FULL TEXT

FOR YOUR INFORMATION:

The following addresses and points of contact are provided:

Email address: adam.rockwell@navy.mil

U.S. Postal Service Mailing Address:

COMMANDER

CODE D22200 (A. Rockwell – 760-939-9748)

NAVAIRWARCENWPNDIV

429 E. BOWEN RD. MAIL STOP 4015

CHINA LAKE, CA 93555-6108

Direct Delivery Address (UPS, FedEx, etc.):

COMMANDER

CODE D22200 (A. Rockwell)

NAVAIRWARCENWPNDIV

BLDG 982, MAIL STOP 4015

CHINA LAKE, CA 93555-6108

AND

Email address: scott.c.hansen@navy.mil

U.S. Postal Service Mailing Address:

COMMANDER

CODE D22200 (S. Hansen – 760-939-8958)

NAVAIRWARCENWPNDIV

429 E. BOWEN RD. MAIL STOP 4015

CHINA LAKE, CA 93555-6108

Direct Delivery Address (UPS, FedEx, etc.):

COMMANDER

CODE D22200 (S. Hansen – 760-939-8958)

NAVAIRWARCENWPNDIV

BLDG 982, MAIL STOP 4015

Section B - Supplies or Services and Prices

Machining and Manufacturing

FFP

The contractor shall provide instrumentation and electronic components in accordance with the Statement of Work (SOW) and as specified on each Delivery Order (DO). ). The contract ordering period is five years, also referred to herein as a five year period of performance.

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

NSN: 34191000000728

PURCHASE REQUEST NUMBER: 1300903554

PSC CD: 3419

NET AMT

Required Service

FFP

The contractor shall provide for any maintenance, repairs, calibration or installation requirements for the instrumentation or components purchased in accordance with the Statement of Work (SOW) and as specified on each Delivery Order (DO).

FOB: Destination

PSC CD: 3419

NET AMT

Section C - Descriptions and Specifications

STATEMENT OF WORK

STATEMENT OF WORK

Machining and Manufacturing Equipment IDIQ Contract

1.0 SCOPE

The Earthquake Recovery Integrated Product Team (EQIPT) of the Naval Air Warfare Center, Weapons Division, China Lake, CA (NAWCWD-CL) intends to procure various types of machining and manufacturing equipment, machine tools, work holding devices and peripheral equipment for conventional, computer numerically controlled equipment, and various services associated with acquired machinery over a five-year period in support of its projects. The Earthquake Recovery Acquisition Team will specify the applicable criteria for each requirement through the issuance of individual delivery orders. The contractor shall provide supporting documentation and certification verifying compliance with applicable specification requirements for each product ordered.

2.0 APPLICABLE DOCUMENTS

1.0 2.0

2.1 The actual product requirements for each Instrumentation or Electronic item will be delineated in each applicable DO. Any applicable revisions shall be the version in effect at the time of DO issuance, unless otherwise specified in writing by the Earthquake Recovery Integrated Product Team at NAWCWD-CL.

2.2 Department of Defense Instruction 4140.67, DoD Counterfeit Prevention Policy

2.3 AS9100 or AS9120 Certification is required

3.0 MACHINING AND MANUFACTURING EQUIPMENT REQUIREMENTS

3.1 PRODUCT REQUIREMENTS

The contractor shall supply or procure, and deliver products in accordance with this SOW, and the requirements set forth in each contract delivery order. All commercially available machining and manufacturing equipment may be required by this procurement. Orders may include a wide variety of tooling, equipment and consumables with regular frequency, as well as installation and training of equipment as specified in individual delivery orders.

3.1.1 At a minimum, the following machining equipment products would be in scope of this requirement: band saws, sheet metal press brakes, sheet metal rollers, computer numerically controlled equipment, CNC 4 and 5-axis milling centers, solder paste inspection machines, X-ray inspection machines, injection molding machines, ventilation systems, chillers, nitrogen generators, ovens, washers, wire assembly equipment machines, and grinding machines.

3.1.2 At a minimum, the following tooling products would be in scope of this requirement: abrasive processing equipment and consumables, peripheral devices, rotary tables, boring bars, press brake dies, shear blades, cutting tables, drill presses, drill bits, inserts, taps, hand tools, hydraulic presses, fabrication and welding equipment, hoppers, air dryers, heat guns, tool boxes, cabinets, scales and air compressors.

3.1.3 At a minimum, the following additive manufacturing products would be in scope of this requirement: 3D printing machines, as well as a variety of materials such as metallic powders, resins and polymers, robotic machining centers, extruders and lasers.

3.1.4 Data files, requests, and instructions will be transmitted via electronic mail; therefore, the contractor shall be capable of accepting applicable information in this form.

3.1.5 The contractor shall maintain capability and/or access to subcontract capability, to meet NAWCWD needs and requirements for machining and manufacturing equipment.

3.2 SERVICE REQUIREMENTS

The contractor shall provide rapid-response maintenance, repair, calibration, relocation and installation services, and equipment testing on a delivery order basis for items or product lines applicable to paragraph 3.1 above. This may also include long-term storage of machining and manufacturing equipment and extended warranties, as delineated in the applicable delivery orders.

3.3 TERM OF CONTRACT

The Government intends to procure the aforementioned products for a term of five years.

3.3.1 The procurement will be for machining and manufacturing equipment, as well as machine tools and additive manufacturing products and services listed in paragraphs 3.1 and 3.2 above.

4.0 SPECIAL CONSIDERATIONS

Products and services procured under this contract are considered time critical; therefore, timely delivery is paramount. The optimum delivery time for products is considered two weeks, however, the Government may have requests for items requiring expedited shipping. Exact delivery requirements will be specified in each individual order. For service requirements, the contractor shall respond at the Government site within two weeks of delivery order issuance, unless otherwise specified in an individual delivery order.

The contractor shall be responsible for delivery of all items to NAWCWD-CL EQIPT at the addresses as delineated in 4.1 below.

4.1 PACKING AND SHIPPING

Shipping and preservation shall be by best commercial practice with delivery to the following locations:

China Lake Address:

NAWCWD China Lake 2400 E. Pilot Plant Road Bldg. 11030 China Lake, CA 93555 Attn: (Government Representative and phone number)

Or alternative location as specified within delivery order.

4.2 OPERATIONS SECURITY (OPSEC)

The Contractor shall develop, implement, and maintain an OPSEC program to protect controlled unclassified activities, information, equipment, and material used or developed by the Contractor and any subcontractor during performance of the contract. The Contractor shall be responsible for the subcontractor the OPSEC requirements. The OPSEC program shall be in accordance with National Security Decision Directive (NSDD) 298, and at a minimum shall include:

1) Assignment of responsibility for OPSEC direction and implementation.

2) Issuance of procedures and planning guidance for the use of OPSEC techniques to identify vulnerabilities and apply applicable countermeasures.

3) Establishment of OPSEC education and awareness training.

4) Provisions for management, annual review, and evaluation of OPSEC programs.

4.3 CYBERSECURITY

The Contractor shall coordinate with the Ordering Officer to obtain these permissions prior to commencement of any work.

4.3.1 Authorization must be obtained through the AIR-5.5 Weapons & Energetics Department Visiting Equipment process BEFORE bringing electronic devices into the lab area. These devices include, but are not limited to:

· All computing devices - Laptops, Desktops, Tablets, etc.

· Devices capable of transmitting/receiving data - Ethernet, Wi-Fi, Laser, Bluetooth, Radio Frequency (RF), Infrared (IR), etc.

· Removable storage - Thumb drives, hard drives, SD cards, etc.

· Devices capable of collecting and/or storing data - Laser scanners, cameras, External hard drives, etc.

Prior authorization is also required for the following:

· Connections to any device (including vendor service and support of industrial devices)

· Access to government systems

· Removal of hard drives and memory from any device

· Removal of system data or imagery

3.0 4.0 4.1 4.2 4.3

4.4 CERTIFICATE OF CONFORMANCE

4.4.1 When requested at the delivery order level, the Contractor shall ship with a Certificate of Conformance any supplies for which the contract would otherwise require inspection at source. In no case shall the Government's right to inspect supplies under the inspection provisions of this contract be prejudiced. Shipments of such supplies will not be made under this contract until use of the Certificate of Conformance has been authorized in writing by the Ordering Officer or the Procuring Contracting Officer (PCO), or inspection and acceptance have occurred.

4.4.2 The Contractor's signed certificate shall be attached to or included with copies of the inspection or receiving report accompanying the shipment. The certificate shall read as follows:

"I certify that on [insert date], the [insert Contractor's name] furnished the supplies or services called for by Contract No. -[insert Contract Number] via - [insert Carrier] on - [identify the bill of lading or shipping document] in accordance with all applicable requirements. I further certify that the supplies or services are of the quality specified and conform in all respects with the contract requirements, including specifications, drawings, preservation, packaging, packing, marking requirements, and physical item identification (part number), and are in the quantity shown on this or on the attached acceptance document."

Date of Execution:

Signature:

Title:

4.4.3 The Government has the right to reject defective supplies or services as promptly as practicable after delivery by written notification to the Contractor. The Contractor shall in such event promptly replace, correct, or repair the rejected supplies or services at the Contractor's expense.

4.5 COUNTERFEIT PREVENTION POLICY

The Contractor shall review and adhere to the measures to prevent the introduction of counterfeit materiel at any level of the DoD supply chain, as per the Department of Defense Instruction 4140.67.

4.6 QUALITY ASSURANCE PROVISIONS

The Contractor shall implement and maintain a Quality Control System Certification that satisfies program objectives and meets the requirements of AS9100 or AS9120. All quality system procedures, planning, documentation, and data that comprise the quality system must be made available to the Government for review. A copy of the applicable certification must be submitted with the Contractor’s proposal

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE

Section F - Deliveries or Performance

DELIVERY INFORMATION

JAYNE HENNIGAN

1 ADMINISTRATIVE CIRCLE

CHINA LAKE CA 93555

(760) 939-7769

N68936

N68936

Section G - Contract Administration Data

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(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.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (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.sam.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 shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

(Contracting Officer: Insert either “Invoice 2in1” or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]

(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*

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert “See Schedule” or “Not applicable.”) (**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(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.

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

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

* To be completed at time of award

Addendum to G-TXT-02 For orders up to $100,000, payment shall be made in accordance with the instructions above.

For orders exceeding $100,000, WAWF shall be used for invoicing and payment in accordance with NAVAIR clause 252.232-7006, Wide Area WorkFlow Payment Instructions.

Section H - Special Contract Requirements

ORDERING PROCEDURES

ORDERING INSTRUCTIONS

INTRODUCTION

The Government intends to allow all contract holders a fair opportunity to compete for orders under this requirement. Orders estimated at greater than $10,000.00 will be competed among contract holders. For purposes of this requirement, an order is defined as the total estimated value of an entire order, and not individual line items or single unit price.

REQUEST FOR QUOTE (RFQ)

The Ordering Officer, designated under clause G-TXT-04 (above), will issue a request for quotation, via electronic mail. This request will include:

1. Delivery/Task Order number

1. Item(s) description

1. Quantity

1. Delivery date

1. Delivery point

1. Specifications or other documents, if necessary

1. Certifications, if necessary

1. Quotation submission deadline (date and time)

1. Evaluation and award procedures

CONTRACTOR’S QUOTE

The contractor’s quote shall include, as a minimum:

1. Unit price

1. Total order price, including shipping

1. Proposed delivery date

1. Origin of proposed materials

1. Other information as delineated in each RFQ

1. If subcontracting is contemplated, the quote shall include:

5. Name and address of subcontractor

5. Business size (Reference FAR 19.102). If subcontractor is a small business, include any additional small business subcategories which the subcontractor represents

5. NAICS Code for work or items provided by subcontractor

5. Price

5. Percent of work to be performed by the subcontractor

CLARIFICATIONS

Offerors may request the Ordering Officer to provide clarification of technical and delivery requirements; however, questions and answers may be shared with all prospective contractors. Proprietary information will be protected, providing the Offeror clearly identifies which data is proprietary and the Government agrees with the determination. In the case that the Government does not agree with the determination, the offeror will be notified prior to the release of the potentially proprietary information.

LATE SUBMISSIONS, MODIFICATIONS, REVISIONS, AND WITHDRAWL OF OFFERS

Quotes received after the deadline, as specified in the RFQ, are “late” and will not be considered unless it is the only offer received. Offerors may request that the Ordering Officer extend the deadline. If an extension is granted, all contractors who received the RFQ will be notified of the extension. Modifications and revisions must be received prior to the deadline date in order to be considered; however, modifications of an otherwise successful quote that make its terms more favorable to the Government will be considered at any time it is received and may be accepted. Revised offers may be withdrawn by written notice (email is acceptable) at any time before the exact time set for receipt of offers.

NO-BID/NON-INTEREST

Offerors that are unable to provide quotes for RFQs issued by the Government are requested to respond with a no-bid/non-interest letter. Offerors who frequently fail to respond to RFQs, or frequently respond with no-bid/non-interest may be terminated for convenience.

DELIVERIES

Delivery times are considered critical. On-time and late deliveries will be tracked for all contractors. Consideration to revise the delivery date may be proposed by vendors but must be of value to the Government. (Suggestions include free/expedited shipping, product discount, additional product, invoice reduction, etc.) In the case that consideration proposed by the vendor for late delivery is accepted by the Government, a modification to the delivery/task order will be issued. In this modification, the scheduled delivery date will be changed to reflect the newly agreed upon delivery date, and Past Performance will NOT be impacted negatively.

The Ordering Officer will notify the Contracting Officer of any late deliveries. Such continued late deliveries may disqualify contractors from participation in future competitions for additional orders. The contractor will be notified of such decisions before any action is taken.

EVALUATION/AWARD

Evaluation and award procedures will be tailored to each Delivery/Task Order and will typically be issued either on the basis of price alone or with consideration of price and other factors (trade-off) as shown below. The evaluation and award procedures to be followed for each order will be indicated in the individual RFQs.

1. Lowest Price

The Government may issue an order to the lowest price Offeror after it is verified that the quote(s) received meet(s) the requirements of the RFQ, that the delivery schedule is met, and that the Offeror has a satisfactory past performance.

1. Tradeoff

The Government may issue an order to the Offeror whose offer, conforming to the RFQ, will be most advantageous to the Government, price and other factors considered. The following factors may be used to evaluate offers:

1. Technical (proposing to supply the requested materials/services and any required certifications).

1. Delivery Date

1. Past Performance

1. Price

The Government will conduct evaluation of received quotes. The Government will select the quote that offers the greatest value to the Government. Notification will be given only to the successful Offeror.

ORDERS LESS THAN $10,000.00

Orders valued at less than $10,000.00 may be issued without a RFQ, and issued to any contract awardee at the discretion of the Ordering Officer. However, the Government reserves the right to request a quote from any or all contract awardees.

ORDERS BETWEEN $10,000.00 AND $50,000.00

Orders estimated to be valued over $10,000.00 up to $50,000.00 will be competed using the procedures listed within section H of this contract.

ORDERS GREATER THAN $50,000.00

Orders that are estimated to exceed $50,000.00 will be competed using the procedures described in this section; however, any ensuing orders will be issued on a SF 1449 by the Contracting Officer.

MODIFICATIONS TO PROCEDURES

These procedures may only be modified by mutual agreement of the Contracting Officer and all MAC holders.

ADDITIONAL INFORMATION

H.1 ADDITION OF CONTRACTORS DURING THE LIFE OF THE MACHINING AND MANUFACTURING IDIQ

The Government reserves the right to determine whether it would be appropriate to announce a new competition for the purpose of adding additional IDIQ holders.

Periodically, the government will assess the quality of performance by each IDIQ holder, the number, value and complexity of work assigned to each holder and amount of competition achieved. In addition, the government will assess the internal transaction cost for issuing each task order, the amount of small business participation, whether revisions are needed to the scope of the Statement of Work, if additional ordering offices need to be established, and if the ceiling amount of the contract needs to be revised. Based on these criteria, if it is in the best interest of the Government, the Contracting Officer may announce a new competition to add additional IDIQ holders. The Government reserves the right to limit rolling admissions to only small business concerns and/or particular Zones.

Only one Prime Contract is allowed per company. “Company” includes affiliates and business units as defined in FAR 2.101. This does not prevent the affiliated company from being able to participate. Any proposal submitted in response to a task order solicitation would need to be submitted in the portal through the account of the prime contract holder and the proposal should clearly identify the affiliate as the prime.

H-TXT-EQR California earthquake recovery efforts July 2019 - Earthquake Recovery

Emergency acquisition flexibilities identified in FAR 18.203, "Emergency Declaration or Major Disaster Declaration" and DFARS 218.203 "Incidents of national significance, emergency declaration, or major disaster declaration" as they relate to the California earthquake recovery efforts identified on July 2019 apply to this procurement.

Contracting officers consult the Disaster Response Registry via the System for Award Management (SAM) to determine the availability of contractors for debris removal, distribution of supplies, reconstruction, and other disaster or emergency relief activities inside the United States and outlying areas. See FAR 26.2 as it relates to disaster or emergency assistance activities.

Section I - Contract Clauses

52.202-1 DEFINITIONS (JUN 2020)

When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless--

(a) The solicitation, or amended solicitation, provides a different definition;

(b) The contracting parties agree to a different definition;

(c) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning;

(d) The word or term is defined in FAR part 31, for use in the cost principles and procedures; or

(e) The word or term defines an acquisition-related threshold, and if the threshold is adjusted for inflation as set forth in FAR 1.109(a), then the changed threshold applies throughout the remaining term of the contract, unless there is a subsequent threshold adjustment; see FAR 1.109(d).

* To be completed at contract award

52.216-27 SINGLE OR MULTIPLE AWARDS. (OCT 1995)

The Government may elect to award a single delivery order contract or task order contract or to award multiple delivery order contracts or task order contracts for the same or similar supplies or services to two or more sources under this solicitation.

(End of provision)

52.219-13 Notice of Set-Aside of Orders (MAR 2020)

(a) The Contracting Officer may set aside orders for the small business concerns identified in 19.000(a)(3).

(b) The Contracting Officer will give notice of the order or orders, if any, to be set aside for small business concerns identified in 19.000(a)(3) and the applicable small business program. This notice, and its restrictions, will apply only to the specific orders that have been set aside for any of the small business concerns identified in 19.000(a)(3).

52.219-32 ORDERS ISSUED DIRECTLY UNDER SMALL BUSINESS RESERVES (MAR 2020)

(a) Applicability. This clause applies only to contracts that were reserved for any of the small business concerns identified at 19.000(a)(3).

(b) If there is only one contract award to any one type of small business concern identified in 19.000(a)(3) as a result of the reserve, the Contracting Officer may issue an order or orders directly to the concern.

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 address: https://www.acquisition.gov/browse/index/far

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

(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.

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (DEC 2019)

(a) Definitions. As used in this clause--

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

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

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

Controlled technical information means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.

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

Covered defense information means unclassified controlled technical information or other information, as described in the Controlled Unclassified Information (CUI) Registry at http://www.archives.gov/cui/registry/category-list.html, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies, and is--

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

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

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

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

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

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

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

Operationally critical support means supplies or services designated by the Government as critical for airlift, sealift, intermodal transportation services, or logistical support that is essential to the mobilization, deployment, or sustainment of the Armed Forces in a contingency operation.

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

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

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

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

(i) Cloud computing services shall be subject to the security requirements specified in the clause 252.