Att 4 Solicitation Tracked 0002.docx

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

INSTRUCTIONS

1. This requirement is being solicited as a partial small business set-aside with multiple awards anticipated. It is anticipated that multiple award Indefinite Delivery/Indefinite Quantity (ID/IQ) contracts will be made to no more than three (3) offerors, with one (1) of the awards reserved for a small business.

2. Through this solicitation, the Government seeks to fulfill various care of supplies in storage (COSIS) requirements with standard and custom covers, across various military service agencies, at a multitude of government sites. All specific requirements during the five (5) year ordering period will be awarded in the form of delivery orders that will be competed among the three (3) anticipated awardees.

3. This requirement is for the purchase of storage cover solutions comprised of current, innovative, emerging, and custom designs for storage solutions in addition to ancillary services such as on-site design services, on-site installation training, on-site installation, and periodic inspection services as outlined in the Statement of Work (SOW).

4. The North American Industry Classification System (NAICS) code for the effort is 314910, and the size standard is 500 employees. The Product Service Code (PSC) for this acquisition is 8305 (textile fabrics).

5. This acquisition is not a Defense Priorities and Allocations System (DPAS) rated procurement.

6. This requirement will be solicited for a total ordering period of five (5) years, with no options:

Five-Year Ordering Period: 1 August 2024 – 31 July 2029

7. This effort will be awarded as an ID/IQ contract and includes estimated quantities for the five-year period (reference Section B - Schedule of Supplies). The quantities identified in the Schedule of Supplies and Services is estimated and represents the Government’s best estimate for each line item. Payment will be for actual quantities procured and delivered at the prices outlined in each Delivery Order. If the Government’s requirements do not result in the quantities estimated; such event shall not constitute the basis for an equitable price adjustment under the contract.

8. Delivery Order Procedures:

Per FAR 16.505(b), fair opportunity will be given to all awardees for each delivery order requirement. FAR 16.505(b) Orders Under Multiple-Award Contract’s procedures will be followed for each delivery order. In accordance with FAR 16.505(b)(1)(ii) the Contracting Officer may exercise broad discretion in developing appropriate order placement procedures. The FAR stipulates Contracting Officers should keep submission requirements to a minimum and use streamlined procedures including oral presentations to issue orders. Additionally, for orders that do not exceed the simplified acquisition threshold the Contracting Officer need not contact each of the multiple awardees under the contract before selecting an order awardee if the Contracting Officer has information available to ensure that each awardee is provided a fair opportunity to be considered for each order.

Once the multiple awardees are established an electronic mailing list will be utilized to efficiently distribute requests for pricing for orders as they arise.

a) The Government intends to issue delivery orders on an as-needed basis.

b) For most delivery orders, awardees will be given (3) to (5) business days from the time of request to provide a price to be considered for order placement.

c) Delivery orders will use either Lowest Price or Best Value evaluation procedures. The evaluation procedures will be identified in the request for pricing.

d) The delivery order schedule will be based on the awardees proposed delivery time.

e) The only work authorized under an ID/IQ contract is work ordered by the Government through the issuance of delivery orders.

NOTE: Contractors must provide proposals for a minimum of 80% on delivery orders for the duration of the IDIQ to ensure competition at the delivery order level.

9. Minimum Guarantee: The only work authorized under this contract will be ordered by the Government through the issuance of a written delivery order. The Government makes no representation concerning the number of delivery orders or the actual amount of work to be ordered under this contract. However, each ID/IQ Contractor is guaranteed a minimum $5,000.00 to be awarded within one (1) year from the date of the initial ID/IQ contract, provided the ID/IQ Contractor does not receive any task orders meeting the minimum contract guarantee during that period of time. Each ID/IQ awardee is required to submit a reasonable number of good faith proposals for delivery orders. Failure to submit a delivery order proposal may impact future consideration for delivery orders, or loss of the minimum guarantee. Contractors are not guaranteed work in excess of the minimum guarantee specified herein. If a contractor fails to submit a proposal on at least 80% of the delivery order request for proposals, the contractor waives its right to the minimum Delivery Order guarantee. The Government reserves the right to consider extenuating circumstances related to the 80%; such as minimal numbers of delivery orders being issued.

10. Electronic Solicitation: This solicitation, including the SOW, attachments, and any amendments, is only available electronically at the SAM.gov website (http://www.sam.gov). Offerors are cautioned that it is their responsibility to access the website for any amendments that may be issued under the solicitation. There will be no advance notification of an amendment being issued. Offerors are advised to consult the website frequently to check for amendments since an amendment may be issued up until the proposal due date. Failure to acknowledge an amendment(s) may render your proposal ineligible for award.

11. The Limitations on Subcontracting clause at FAR 52.219-14 Rev 1 applies to this acquisition. Small business offerors responding to this solicitation as regular dealers or resellers must identify their manufacturer or manufacturers below.

Name of manufacturer:

Address:

DUNS Number:

12. As referred to in paragraph (b) of FAR 52.216-22 entitled “Indefinite Quantity”, the minimum value for Supplies is $5,000.00 per awardee. The maximum value for Supplies is $55,000,000.00 (all Years).

13. The delivery order scenario may be awarded at the time of contract award, or up to 120 days after contract award.

14. The SBPCD shall require periodic progress reporting to facilitate Government monitoring in the event of an award for the delivery order scenario requirements, in accordance with Att 5 - CDRL A001, Small Business Participation Quarterly Progress Report.

15. The Government is not soliciting for the “same old way” of doing business. The Government encourages proposals that will achieve savings through innovative processes. Furthermore, DLA Distribution personnel are working to eliminate unnecessary requirements and negotiating for a reduction in material prices. Therefore, your assistance is requested in not only reducing prices but also, request submitting all of your ideas for how to improve our buying processes to reduce material costs.

16. DLA shall provide accelerated payments, to the fullest extent permitted by law, with a goal of 15 days after receipt of a proper invoice and all other required documentation, to small business contractors.

17. Pursuant to the provisions of FAR 16.505(a)(10), no protest under the Federal Acquisition Regulation Subpart 33.1 is authorized in connection with the issuance or proposed issuance of an order under a task-order contract or delivery-order contract, except for, (A) A protest on the grounds that the order increases the scope, period, or maximum value of the contract; or (B) A protest of an order valued in excess of $25 million. Protests of orders in excess of $10 million may only be filed with the Government Accountability Office, in accordance with the procedures at 33.104.

18. The Government is not responsible for any costs incurred or associated with preparation and submission of a proposal in response to this solicitation. The Government is also not responsible and will not reimburse contractors for the cost to prepare and submit proposals for any delivery orders issued under this contract.

END OF SECTION B

SECTION C – DESCRIPTION/SPECS/WORK STATEMENT

See Section J – List of Attachments

See Attachment J.1 Statement of Work (SOW)

CLAUSE(S) INCORPORATED BY FULL TEXT

Text Applicable to All CLINs

DLAD Procurement Note C03 - Contractor Retention of Supply Chain Traceability Documentation (JUN 2023)

(1) By submitting a quotation or offer, the contractor, if it is not the manufacturer of the item, is confirming it currently has, or will obtain before delivery, and shall retain documented evidence (supply chain traceability documentation), as described in paragraph (2) of this procurement note, demonstrating the item is from the approved manufacturer and conforms to the technical requirements.

(2) At a minimum, the supply chain traceability documentation for the item shall include: basic item description, part number and/or national stock number, manufacturing source, manufacturing source’s Commercial and Government Entity (CAGE) code, and clear identification of the name and location of all supply chain intermediaries between the manufacturer to the contractor to item(s) acceptance by the Government. The documentation should also include, if available, the manufacturer's batch identification for the item(s), such as date codes, lot codes, or serial numbers. In addition, the contractor will obtain and supply any quality requirements necessary to prove the material meets the technical description. Evidence of quality consist of test results, material certifications, and manufacturing process sheets, identified by the technical data.

(3) Contractors can find examples of acceptable supply chain traceability documentation at the Counterfeit Detection and Avoidance Program (CDAP) website (http://www.dla.mil/LandandMaritime/Business/Selling/Counterfeit-Detection-Avoidance- Program/).

(4) The contractor shall immediately make documentation available to the contracting officer upon request. The contracting officer determines the acceptability and sufficiency of documentation. The contractor shall retain supply chain traceability documentation for six years after final payment under this contract for audit and other valid government purposes. If the contractor fails to retain or provide the documentation, or the contracting officer finds the documentation to be unacceptable, the contracting officer may take corrective action, including, but not limited to, cancellation of undelivered orders or rejection of delivered supplies.

(End of PROCNOTE)

SECTION D – PACKAGING AND MARKING

No Applicable Clauses

END OF SECTION D

SECTION E - INSPECTION AND ACCEPTANCE

CLAUSE(S) INCORPORATED BY REFERENCE

Clause(s) Applicable to Firm-Fixed Price CLINs:

END OF SECTION E

SECTION F - DELIVERIES OR PERFORMANCE

Clause(s) Applicable to All CLINS

Text Applicable to All CLINs

F-3 Ordering Period

Supplies shall be provided as prescribed by the basic contract and all attachments. Primary supplies are identified in Attachment J.1 Statement of Work (SOW).

Ordering Period – effective date of contract for a period of 60 months (5 years) plus six months if FAR 52.217-8 Option to Extend Services is exercised.

(End of Text F-3)

END OF SECTION F

SECTION G - CONTRACT ADMINISTRATION DATA

Clause(s) Applicable to All CLINS

ACCOUNTING AND APPROPRIATION DATA

Since this is an IDIQ acquisition, there will be no funding on the base contract. The guaranteed minimum amounts will be certified as available and obligated at contract award.

CLAUSE(S) INCORPORATED BY FULL TEXT

Text Applicable to All CLINs

G-1 DFARS 252.232-7006 -- Wide Area WorkFlow Payment Instructions (JAN 2023)

(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.

Invoice (Stand-Alone)

(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.

Invoice (Stand-Alone)

(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 financing, submit a commercial 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*

(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.

Acquisition Specialist: Amber.Whitney@dla.mil

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

(End of clause)

G-2 Contractor Performance Assessment Reporting System (CPARS) Requirements

(End of Text G-2)

G-3 Contract Administration Plan

In order to expedite administration of this contract, the following delineation of functions is provided. The individual/position designated as having responsibility should be contacted for any questions, clarifications, or information regarding the administration function specified. The names, addresses and phone numbers for these individuals or offices are as follows:

Contracting Officer (KO):

Name: Joshua Woodworth Address: DLA Distribution 430 Mifflin Avenue, Suite 3102A New Cumberland, PA 17070-5008 Code: DLA DISTRIBUTION J7-AB Phone: 717-770-4192

Acquisition Specialist:

Name: Amber Whitney Address: DLA Distribution 430 Mifflin Avenue, Suite 3102A New Cumberland, PA 17070-5008 Code: DLA DISTRIBUTION J7-AB Phone: 717-770-4601

Paying Office:

DFAS Columbus Defense Finance Accounting Officer EBS (Formerly BSM) P.O. Box 369031 Columbus, OH 43236-9031 Fax: 866-313-2340 and Phone 800-756-4571 select Opt 2 and then Opt 2

Paying Office should be contacted for inquiries/information with regard to payment of those vouchers approved by the PCO.

It is emphasized that only the Contracting Officer has the authority to modify the terms of the contract; therefore, in no event will any understanding, agreement, modification, change order, or other matter deviating from the terms of the basic contract between the contractor and any other person be effective or binding on the Government. When/if, in the opinion of the contractor, any effort outside the existing scope of the contract is requested, the contractor shall promptly notify the Contracting Officer in writing. No action shall be taken by the contractor unless the Contracting Officer has issued a contractual change.

(End of Text G-3)

END OF SECTION G

SECTION H - SPECIAL CONTRACT REQUIREMENTS

Text Applicable to all CLINs

DLAD Procurement Note H14 - Contractor Personnel Security Requirements (DEC 2021)

(a) Work to be performed under this contract or task order may, in full or in part, be performed at the Defense Logistics Agency (DLA) Headquarters (HQ), DLA field activity office(s), or other Federally-controlled facilities. Prior to beginning work on a contract, DLA requires all contractor personnel working on the Federally-controlled facility to have, at a minimum, an initiated National Agency Check with Written Inquiries (NACI) or NACI equivalent and favorable completion of a Federal Bureau of Investigation (FBI) fingerprint check.

(b) Additionally, in accordance with Department of Defense (DoD) Regulation 5200.2-R, Personnel Security Programs, and DLA Issuance 4314, Personnel Security Program, all DoD contractor personnel who have access to Federally-controlled information systems must be assigned to positions which are designated at one of three information technology (IT) levels, each requiring a certain level of investigation and clearance, as follows:

(1) IT-I for an IT position requiring a single scope background investigation (SSBI) or SSBI equivalent;

(2) IT-II for an IT position requiring a National Agency check with Law and Credit (NACLC) or NACLC equivalent; and

(3) IT-III for an IT position requiring a NACI or equivalent.

Note: IT levels will be designated according to the criteria in DoD 5200.2-R.

(c) Previously completed security investigations may be accepted by the Government in lieu of new investigations if determined by the DLA Intelligence Personnel Security Office to be essentially equivalent in scope to the contract requirements. The length of time elapsed since the previous investigation will also be considered in determining whether a new investigation is warranted. To assist the Government in making this determination, the contractor must provide the following information to the respective DLA Intelligence Personnel Security Office immediately upon receipt of the contract. This information must be provided for each contractor employee who will perform work on a Federally-controlled facility and/or will require access to Federally-controlled information systems:

(1) Full name, with middle name, as applicable, with social security number;

(2) Citizenship status with date and place of birth;

(3) Proof of the individual’s favorably adjudicated background investigation or NACI, consisting of identification of the type of investigation performed, date of the favorable adjudication, name of the agency that made the favorable adjudication, and name of the agency that performed the investigation;

(4) Company name, address, phone and fax numbers with email address;

(5) Location of on-site workstation or phone number if off-site (if known by the time of award); and

(6) Delivery order or contract number and expiration date; and name of the contracting officer.

(d) The contracting officer will ensure that the contractor is notified as soon as a determination is made by the assigned or cognizant DLA Intelligence Personnel Security Office regarding acceptance of the previous investigation and clearance level.

(1) If a new investigation is deemed necessary, the contractor and contracting officer will be notified by the respective DLA Personnel Security Office after appropriate checks in DoD databases have been made.

(2) If the contractor employee requires access to classified information and currently does not have the appropriate clearance level and/or an active security clearance, the DLA Intelligence Personnel Security Office will relay this information to the contractor and contracting officer for further action. Investigations for contractor employees requiring access to classified information must be initiated by the contractor Facility Security Officer (FSO).

(3) The contracting officer will ensure that the respective DLA Intelligence Personnel Security Office initiates investigations for contractor employees not requiring access to classified information (i.e., IT or unescorted entry).

(4) It is the contractor’s responsibility to ensure that adequate information is provided and that each contractor employee completes the appropriate paperwork, as required either by the contracting officer or the DLA Intelligence Personnel Security Office, in order to begin the investigation process for the required clearance level.

(e) The contractor is responsible for ensuring that each contractor employee assigned to the position has the appropriate security clearance level.

(f) The contractor shall submit each request for IT access and investigation through the contracting officer to the assigned or cognizant DLA Intelligence Personnel Security Office. Requests shall include the following information and/or documentation:

(1) Standard Form (SF) 85, Questionnaire for Non-Sensitive Positions, or the SF 86, Questionnaire for National Security Positions (see note below);

(2) Proof of citizenship (i.e., an original or a certified copy of a birth certificate, passport, or naturalization certificate); and

(3) Form FD-258, Fingerprint Card (however, fingerprinting can be performed by the cognizant DLA Intelligence Personnel Security Office).

(Note to (f)(1) above: An investigation request is facilitated through use of the SF 85 or the SF 86. These forms with instructions as well as the Optional Form (OF) 306, Declaration for Federal Employment, which is required with submission of the SF85 or SF 86, are available at the Office of Personnel Management’s (OPM) system called Electronic – Questionnaires for Investigations Processing (e-QIP). Hard copies of the SF85 and SF86 are available at OPM’s web-site, www.opm.gov, but hard copies of the forms are not accepted.)

(g) Required documentation, listed above in paragraphs (f) (1) through (3), must be provided by the contractor as directed by the contracting officer to the cognizant DLA Intelligence Personnel Security Office at the time of fingerprinting or prior to the DLA Intelligence Personnel Security Office releasing the investigation to OPM.

(h) Upon completion of the NACI, NACLC, SSBI, or other sufficient, appropriate investigation, the results of the investigation will be forwarded by OPM to the appropriate adjudication facility for eligibility determination or the DLA Intelligence Personnel Security Office for review and determination regarding the applicant’s suitability to occupy an unescorted entry position in performance of the DLA contract. Contractor personnel shall not commence work on this effort until the investigation has been favorably adjudicated or the contractor employee has been waived into the position pending completion of adjudication. The DLA Intelligence Personnel Security Office will ensure that results of investigations will be sent by OPM to the Department of Defense, Consolidated Adjudications Facility (DoDCAF) or DLA Intelligence Personnel Security Office.

(i) A waiver for IT level positions to allow assignment of an individual contractor employee to commence work prior to completion of the investigation may be granted in emergency situations when it is determined that a delay would be harmful to national security. A request for waiver will be considered only after the Government is in receipt of the individual contractor employee’s completed forms, the background investigation has been initiated, and favorable FBI fingerprint check has been conducted. The request for a waiver must be approved by the Commander/Director or Deputy Commander/Director of the site. The cognizant DLA Intelligence Personnel Security Office reserves the right to determine whether a waiver request will be forwarded for processing. The individual contractor employee for which the waiver is being requested may not be assigned to a position, that is, physically work at the Federally-controlled facility and/or be granted access to Federally-controlled information systems, until the waiver has been approved.

(j) The requirements of this procurement note apply to the prime contractor and any subcontractors the prime contractor may employ during the course of this contract, as well as any temporary employees that may be hired by the contractor. The Government retains the right to request removal of contractor personnel, regardless of prior clearance or adjudication status whose actions, while assigned to this contract, who are determined by the contracting officer to conflict with the interests of the Government. If such removal occurs, the contractor shall assign qualified personnel, with the required investigation, to any vacancy.

(k) All contractor personnel who are granted access to Government and/or Federally-controlled information systems shall observe all local automated information system (AIS) security policies and procedures. Violations of local AIS security policy, such as password sharing, performing personal work, file access violations, or browsing files outside the scope of the contract, will result in removal of the contractor employee from Government property and referral to the contractor for appropriate disciplinary action. Actions taken by the contractor in response to a violation will be evaluated and will be reflected in the contractor’s performance assessment for use in making future source selection decisions. In addition, based on the nature and extent of any violations of AIS security policy, the Government will consider whether it needs to pursue any other actions under the contract such as a possible termination.

(l) The contractor may also be required to obtain a Common Access Card (CAC) or Installation Access Badge for each contractor employee in accordance with procedures established by DLA. When a CAC is required, the contracting officer will ensure that the contractor follows the requirements of Homeland Security Presidential Directive 12 and any other CAC-related requirements in the contract. The contractor shall provide, on a monthly basis, a listing of all personnel working under the contract that have CACs.

(m) See procurement note H11, Operations Security (OPSEC) For On-site Contractors, for required OPSEC training. Contractor personnel must additionally receive operations security (OPSEC) and information security (INFOSEC) awareness training. The DLA annual OPSEC refresher training and DLA annual INFOSEC training will satisfy these requirements and are available through the DLA Intelligence Office.

(n) When a contractor employee who has been granted a clearance is removed from the contract, the contractor shall provide an appropriately trained substitute who has met or will meet the investigative requirements of this procurement note. The substitute may not begin work on the contract without written documentation, signed by the contracting officer, stating that the new contractor employee has met one of the criteria set forth in paragraphs (c), (d), or (i) of this procurement note (i.e., acceptance of a previously completed security investigation, satisfactory completion of a new investigation, or a waiver allowing work to begin pending completion of an investigation). Contractor individual employees removed from this contract as a result of a violation of local AIS security policy are removed for the duration of the contract.

(o) The following shall be completed for every employee of the Government contractor working on this contract upon contract expiration. Additionally, the contractor shall notify the contracting officer immediately in writing whenever a contractor employee working on this contract resigns, is reassigned, is terminated, or no longer requires admittance to the Federally-controlled facility or access to Federally-controlled information systems. When the contractor employee departs, the contractor will relay departure information to the cognizant DLA Intelligence Personnel Security Office and the Trusted Agent (TA) that entered the individual into the Trusted Associated Sponsorship System (TASS), so appropriate databases can be updated. The contractor will ensure each departed employee has completed the DLA J6 Out-Processing Checklist, when applicable, for the necessary security briefing, has returned any Government furnished equipment, returned the DoD CAC and DLA (or equivalent Installation) badge, returned any DoD or DLA vehicle decal, and requested deletion of local area network account with a prepared Department of Defense (DD) Form 2875. The contractor will be responsible for any costs involved for failure to complete the out-processing, including recovery of Government property and investigation involved.

(p) These contractor security requirements do not excuse the contractor from meeting the delivery schedule/performance requirements set forth in the contract, or waive the delivery schedule/performance requirements in any way. The contractor shall meet the required delivery schedule/performance requirements unless the contracting officer grants a waiver or extension.

(q) The contractor shall not bill for personnel, who are not working on the contract while that contractor employee’s clearance investigation is pending.

(End of PROCNOTE)

END OF SECTION H

SECTION I - CONTRACT CLAUSES

CLAUSE(S) INCORPORATED BY REFERENCE

FAR

CLAUSE

Option Contracts)

AUG 2018

I-1 FAR 52.204-21 – Basic Safeguarding Of Covered Contractor Information Systems (NOV 2021)

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

(b) Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

(c) Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

(d) Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

(e) Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

(f) Safeguarding means measures or controls that are prescribed to protect information systems.

(g) (b) Safeguarding requirements and procedures. (1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(h) (i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(i) (ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(j) (iii) Verify and control/limit connections to and use of external information systems.

(k) (iv) Control information posted or processed on publicly accessible information systems.

(l) (v) Identify information system users, processes acting on behalf of users, or devices.

(m) (vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(n) (vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(o) (viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(p) (ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(q) (x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(r) (xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(s) (xii) Identify, report, and correct information and information system flaws in a timely manner.

(t) (xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(u) (xiv) Update malicious code protection mechanisms when new releases are available.

(v) (xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(w) (2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(x) (c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause) I-2 FAR 52.204-27 -- Prohibition on a ByteDance Covered Application (JUN 2023)

(a) Definitions. As used in this clause— Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Information technology, as defined in 40 U.S.C. 11101(6)—

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117–328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M–23–13, dated February 27, 2023, “No TikTok on Government Devices” Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor's employees; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M–23–13.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services.

(End of Clause)

I-3 FAR 52.216-18 -- Ordering (AUG 2020)