SF26_SPRAL117C0002.pdf

AWARD/CONTRACT 1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700) DO-A7

RATING

5. ISSUED BY CODE 6. ADMINISTERED BY (If other than Item 5) CODE

15A. ITEM NO. 15B. SUPPLIES/SERVICES 15C. QUANTITY 15D. UNIT 15F. AMOUNT15E. UNIT PRICE

7. NAME AND ADDRESS OF CONTRACTOR (No., street, city, county, State and ZIP Code) 8. DELIVERY

FOB ORIGIN OTHER (See below)

(4 copies unless otherwise specified)

11. SHIP TO/MARK FOR CODE 12. PAYMENT WILL BE MADE BY CODE

13. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

14. ACCOUNTING AND APPROPRIATION DATA

16. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

A SOLICITATION/CONTRACT FORM

B SUPPLIES OR SERVICES AND PRICES/COSTS

C DESCRIPTION/SPECS./WORK STATEMENT

D PACKAGING AND MARKING

E INSPECTION AND ACCEPTANCE

F DELIVERIES OR PERFORMANCE

G CONTRACT ADMINISTRATION DATA

H SPECIAL CONTRACT REQUIREMENTS

CONTRACTING OFFICER WILL COMPLETE ITEM 17 OR 18 AS APPLICABLE

17. CONTRACTOR'S NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all the services set forth or otherwise identified above and on any continuation sheets for the consideration stated herein. The rights and obligations of the parties to this contract shall be subject to and governed by the following documents: (a) this award/contract, (b) the solicitation, if any, and (c) such provisions, representations, certifications, and specifications, as are attached or incorporated by reference herein. (Attachments are listed herein.)

18. SEALED-BID AWARD (Contractor is not required to sign this document.)

Your bid on Solicitation Number , , including the additions or changes made by you which additions or changes are set forth in full above, is hereby accepted as to the terms listed above and on any continuation sheets.

This award consummates the contract which consists of the following documents: (a) the Government's solicitation and your bid, and (b) this award/contract. No further contractual document is necessary. (Block 18 should be checked only when awarding a sealed-bid contract.)

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

PAGE(S)

PART II - CONTRACT CLAUSES

(X) SEC. DESCRIPTION

PART IV - REPRESENTATIONS AND INSTRUCTIONS

I CONTRACT CLAUSES

J LIST OF ATTACHMENTS

K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF

OFFERORS

L INSTRS., CONDS., AND NOTICES TO OFFERORS

M EVALUATION FACTORS FOR AWARD

15G. TOTAL AMOUNT OF CONTRACT

19B. NAME OF CONTRACTOR

BY

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 26 (REV. 5 /2011 )

20B. UNITED STATES OF AMERICA

BY

Previous edition is usable Prescribed by GSA - FAR (48 CFR) 53.214(a)

SPRAL1-17-C-0002

2. CONTRACT (Proc. Inst. Ident.) NO.

SEE BLOCK 20C

3. EFFECTIVE DATE

M9855153553003

4. REQUISITION/PURCHASE REQUEST/PROJECT NO.

03538CODE FACILITY CODE

Net 30 days

9. DISCOUNT FOR PROMPT PAYMENT

ITEM

$284,913.00

X 1

X 2

19A. NAME AND TITLE OF SIGNER (Type or Print)

19C. DATE SIGNED

Julie Miller Julie.Miller@dla.mil

PLCLGBE

20A. NAME OF CONTRACTING OFFICER

2016 OCT 31

20C. DATE SIGNED

X

X 1

AA: 97 X 4930 NC2A 260 67004 0 067004 1C 067004 545153553003 $284913.00

SEE SCHEDULE, DO NOT SHIP TO ADDRESS ON THIS PAGE

DFAS - COLUMBUS CENTER

NORTH ENTITLEMENT OPERATIONS

P O BOX 182317

COLUMBUS OH 43218-2266

USA

HQ0337

X

1 SPRAL1-16-R-0022

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

SPRAL1

DLA LAND AND MARITIME (ALBANY)

DLR PROCUREMENT OPERATIONS DSCC-Z

814 RADFORD BLVD

ALBANY GA 31704-3019

USA

Local Admin: Claudia DiSalvo PLCLGAK Tel: 614-692-4730 Email: Claudia.DiSalvo@dla.mil

S3306A

DCMA SYRACUSE

615 ERIE BLVD WEST

SUITE 300

SYRACUSE NY 13204-2408

USA

Criticality: C PAS: None

LOCKHEED MARTIN CORPORATION DBA

497 ELECTRONICS PKWY BLDG 5

LIVERPOOL NY 13088-6062

USA

Award sent EDI, Do not duplicate shipment 3.000

PAGE OF PAGES

1 14

10. SUBMIT INVOICES

TO THE

ADDRESS SHOWN IN

J

CONTINUED ON NEXT PAGE

Electronic Payment Address:

Citibank 111 Wall Street New York, NY 10043 A/C# 40678027

ABA# 021000089

FOR TRANSPORATION Line of Accounting (LOA) See attachment "TRANSPORTATION LETTER" .

Vendor is to provide carrier name and tracking number as soon as the order is shipped to the destination.

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SECTION B

SUPPLIES/SERVICES: 5840-01-164-2385

ITEM DESCRIPTION:

RECEIVER AMPLIFIER

Approved Source: Lockheed Martin Corp (03538).

Approved Part Number: 77C725831G3

Best Commercial Packaging is acceptable.

SOURCE MUST BE REGISTERED IN SYSTEM AWARD MANAGEMENT (SAM), and in iRAPT, Invoicing, Receipt, Acceptance and Property Transfer (Formerly WAWF).

Information for iRAPT (Formerly WAWF) Invoicing: Use Combo Type Invoice.

In order not to delay payment vendor should enter the data in WAWF when the material ships and provide a copy of the receiving report in the packing with the material.

DFARS 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).

When creating documents in Wide Area Workflow, both an invoice and receiving report are required for origin inspection awards or awards shipping to a DLA depot for stock regardless of inspection point (see clause 252.246-7000 for additional information regarding receiving reports). For awards requiring both a receiving report and invoice, a combo type document may be used. For awards in accordance with fast payment procedures, only create an invoice and check the Fast Payment Procedure in Wide Area Workflow. See clause 252.232-7006 for further Wide Area Workflow information. For service contracts, a two-in-one invoice is required. (DoDAAC information should be completed.)

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

See Award.

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SUPPLY/SERVICE: 5840-01-164-2385 CONT'D

(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 HQ0337 Issue By DoDAAC SPRAL1 Admin DoDAAC S3306A Inspect By DoDAAC S3306A Ship To Code SW3121 Ship From Code 03538 Mark For Code TBD Service Approver (DoDAAC) TBD Service Acceptor (DoDAAC) TBD Accept at Other DoDAAC TBD 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 e-mail address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

Additional email notifications are not required.

(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.

TBD

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

(End of clause)

52.248-9C01 CONFIGURATION CONTROL - ENGINEERING CHANGES, DEVIATIONS AND WAIVERS

Section I

(1) Engineering change. A change to the current approved configuration documentation of a configuration item at any point in the life cycle of the item.

(2) Engineering change proposal (ECP). A proposed engineering change and the documentation by which the change is described, justified, and submitted to the Government for approval or disapproval.

(3) Deviation. A specific written authorization, granted prior to the manufacture of an item, to depart from a particular requirement(s) of an item's current approved configuration documentation for a specific number of units or a specified period of time. (A deviation differs from an engineering change in that an approved engineering change requires corresponding revision of the item's current approved configuration documentation, whereas a deviation n does not.)

(4) Waiver. A written authorization to accept an item, which during manufacture, or after having been submitted for Government inspection or acceptance, is found to depart from specified requirements, but nevertheless is considered suitable for use "as is" or after repair by an approved method.

b. Contractor Responsibility. ECPs should be used to make permanent changes in the Government Technical Data Package (TDP). Contractual relief should be requested using a Request for Deviation or Waiver. This is because the Government requires more time to analyze any proposal to permanently change the specifications or TDP.

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Cost saving improvements to the TDP should be submitted as a Value Engineering Change Proposal (VECP).

NOTE: MIL-STD-973* allows ninety days to process routine ECPs. If the contractor needs a response in less than ninety days to meet contract requirements, the contractor should consider submitting a waiver or deviation along with the ECP.

Processing Emergency and Urgent ECPs. Ordinarily, ECPs submitted by the contractor will be deemed routine. If an ECP is considered to be an emergency or urgent (as defined in MIL-STD-973), immediately notify the PCO.

ECPs will be reviewed for a determination on criticality, and, if determined to be urgent or critical, the appropriate processing time-frame in paragraph 5.4.2.3.1.1 of MIL-STD-973 will be followed or the contractor will be notified otherwise. When submitting an ECP or Request for Deviation/Request for Waiver (RFD/RFW), the contractor must follow the instructions in MIL-STD-973 (as tailored in the following paragraphs).

(1) Engineering Change Proposals--Required Content.

(a) Follow the short form procedure in MIL-STD-973.

1. paragraphs 5.4.8 through 5.4.8.2.1;

2. paragraphs 5.4.8.2.3 through 5.4.8.2.7; and

3. Appendix D instructions.

(b) Include:

1. Requirements for notices of revision (NOR). (Instructions for NORs are in MIL-STD-973, paragraph 5.4.7 and Appendix G.)

2. Copies of drawings that have clearly been marked to identify the proposed change.

3. Any other documentation that will help in reviewing the proposed change.

(2) Request for Deviation/Request for Waiver - Required Content.

(a) Follow the short form procedure in MIL-STD-973. For RFD(s) -- paragraphs 5.4.8.3 through 5.4.8.3.4;

Appendix E instructions. For RFW(s) -- paragraphs 5.4.8.4 through 5.4.8.4.4; Appendix E instructions.

(b) Include marked drawings and any other documentation that will be required to review the proposed RFD/RFW.

(c) Identify the number of parts affected in block 17 of DD Form 1694.

c. Submittal Procedures

(1) Engineering Change Proposals (ECP), Deviations and Waivers initiated by the contractor must be prepared and submitted in 7 copies with supporting data as required by b.(1) above to the ACO, with an information copy to the PCO.

WARNING: If you do not submit complete, legible packages, ECPs may be returned without processing.

(2) Value Engineering Change Proposals (VECPs) must comply with the requirements of the Value Engineering Incentive clause of the contract and MIL-STD-973 and be submitted utilizing DD Form 1693 in 6 copies to the PCO with an information copy to the ACO, and an additional copy mailed direct to Defense Supply Center Columbus, P.O. Box 3990, Columbus, Ohio 43216-5000, ATTN: DSCC-VE.

d. Contracting Agency responsibilities.

(1) ACO Responsibility. Within ten working days from the date of receipt of contractor's request, the ACO must submit an original and two complete legible copies of the contractor's request to the applicable technical support office.

(2) ECPs will be reviewed and decided upon within the ninety day time frame established by MIL-STD-973.

Notification of decision will be done in accordance with paragraphs 5.4.8.2.6 and 5.4.8.2.7 of MIL-STD-973.

(3) RFDs/RFWs will be reviewed per MIL-STD-973 and decisions made within 75 days from the date of receipt from the ACO.

e. Reminder - Only the PCO can change the Contract. NO OTHER GOVERNMENT REPRESENTATIVE is authorized to make a commitment for, or bind the Government.

f. Questions about the status of change requests already submitted should be directed to the procuring activity.

g. The period of time for evaluation and approval/disapproval of ECPs (90 days) and Deviation/Waiver (75 days) shall not constitute excusable delay in the performance of this contract by the contractor or in any way relieve the contractor from compliance with the contract delivery schedule. The submission of ECPs or deviation/waiver requests by the contractor shall not preclude the Government from exercising its rights under the default clause or any other provision of the contract. Further, any such submission shall not afford the contractor any basis for a delay claim or adjustment of the contract delivery schedule, provided the

PAGE 5 OF 14 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

Government approves or disapproves the submission within a period of 90 days after receipt thereof by the contracting officer. *This standard has been cancelled effective September 30, 2000 (MIL-STD-973, Notice 4), but is still required for the procurement and control of this item. Copies of MIL-STD-973, Notice 3, which includes the base document, may be obtained from: http://assist.daps.dla.mil

DFARS 252.204-7008-Compliance with Safeguarding Covered Defense Information Controls (DEVIATION 2016-O0001) (OCT 2015) and DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (DEVIATION 2016-O0001) (OCT 2015) are incorporated by reference via the DPAP class deviation website (http://www.acq.osd.mil/dpap/dars/class_deviations.html).

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT .

0001 5840-01-164-2385 3.000 EA $ 94,971.00000 $ 284,913.00

RECEIVER-AMPLIFIER

PRICING TERMS: Firm Fixed Price

QTY VARIANCE: PLUS 0% MINUS 0%

INSPECTION POINT: ORIGIN

ACCEPTANCE POINT: ORIGIN

FOB: ORIGIN DELIVERY DATE: 2017 OCT 02

THIS CONTRACT IS BEING ISSUED UNDER THE FIRST DESTINATION TRANSPORTATION (FDT) PROGRAM.

FOR FDT PROGRAM TRANSPORTATION REQUIREMENTS, SEE DLAD CLAUSES 52.247-9059 F.O.B. ORIGIN, GOVERNMENT ARRANGED TRANSPORTATION AND 52.247-9058, FIRST DESTINATION TRANSPORTATION (FDT) PROGRAM – SHIPMENTS ORIGINATING OUTSIDE

THE CONTIGUOUS UNITED STATES (OCONUS).

ADDITIONAL INFORMATION ABOUT FDT CAN BE FOUND ON THE FDT WEBSITE

HTTP://WWW.DLA.MIL/LANDANDMARITIME/BUSINESS/SELLING/DLALANDANDMARITIMEPROCUREMENTINITIATIVES/FDTPI.ASPX

CARRIERS NEED TO CALL 24 HOURS IN ADVANCE FOR DELIVERY APPOINTMENT.

ALBANY GA – COMMERCIAL TELEPHONE: 229-639-5860. HOURS OF RECEIVING OPERATION ARE 0800 TO 1500 MONDAY THROUGH FRIDAY. APPOINTMENTS ARE MANDATORY. CARRIERS WITHOUT APPOINTMENTS MUST GO TO THE END OF THE LINE. IF THERE IS A PROBLEM, CONTACT JON A. PEACOCK TRANSPORTATION SUPERVISOR (229) 639-9399 OR LEE LUMPKIN TRANSPORTATION OFFICER (229) 639-5907. ALL DOD SHIPPING ACTIVITIES WHEN SHIPPING 20/40 FOOT CONTAINERS, PLEASE NOTIFY ALBANY 48 HOURS IN ADVANCE SO EQUIPMENT CAN BE SET UP FOR OFFLOADING. NO DELIVERIES ON SATURDAYS, SUNDAYS, OR

GOVERNMENT HOLIDAYS.

PAGE 6 OF 14 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SHIP TO:

SW3121

DLA DISTRIBUTION ALBANY DDAG-T

MCLB BLDG 1221 DOOR 20

814 RADFORD BLVD

ALBANY GA 31704-1128

US

GOVT USE

External External External Customer RDD/ ITEM PR PRLI PR PRLI Material Need Ship Date .

0001 1000043788 0001 M9855153553003 0001 N/A N/A

PAGE 7 OF 14 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SECTION E - INSPECTION AND ACCEPTANCE

52.246-2 INSPECTION OF SUPPLIES FIXED PRICE (AUG 1996) FAR

52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984) FAR

SECTION F - DELIVERIES OR PERFORMANCE

52.247-60 GUARANTEED SHIPPING CHARACTERISTICS (DEC 1989) FAR

(a) The offeror is requested to complete paragraph (a)(1) of this clause, for each part or component which is packed or packaged separately. This information will be used to determine transportation costs for evaluation purposes. If the offeror does not furnish sufficient data in paragraph (a)(1) of this clause, to permit determination by the Government of the item shipping costs, evaluation will be based on the shipping characteristics submitted by the offeror whose offer produces the highest transportation costs or in the absence thereof, by the Contracting Officer’s best estimate of the actual transportation costs. If the item shipping costs, based on the actual shipping characteristics, exceed the item shipping costs used for evaluation purposes, the Contractor agrees that the contract price shall be reduced by an amount equal to the difference between the transportation costs actually incurred, and the costs which would have been incurred if the evaluated shipping characteristics had been accurate.

(1) To be completed by the offeror:

(i) Type of container:

Wood Box [ ], Fiber Box [ ], Barrel [ ], Reel [ ], Drum [ ], Other (specify)

(ii) Shipping configuration: Knocked-down [ ], Set-up [ ], Nested [ ], Other (specify)

(iii) Size of container:

_____” (Length), ´ _____” (Width), ´ _____” (Height) = _____ Cubic Ft;

(iv) Number of items per container ________________ each;

(v) Gross weight of container and contents __________ Lbs;

(vi) Palletized/skidded [ ] Yes [ ] No;

(vii) Number of containers per pallet/skid _______________;

(viii) Weight of empty pallet bottom/skid and sides _____________________________________________ Lbs;

(ix) Size of pallet/skid and contents Lbs Cube ________________________________________;

(x) Number of containers or pallets/skids per railcar _____ *

(A) Size of railcar __________________________________

(B) Type of railcar _________________________________

(xi) Number of containers or pallets/skids per trailer _____*

(A) Size of trailer _________________________________ Ft

(B) Type of trailer _________________________________

* Number of complete units (contract line item) to be shipped in carrier's equipment.

(2) To be completed by the Government after evaluation but before contract award:

(i) Rate used in evaluation: ;

(ii) Tender/Tariff: ;

(iii) Item: .

(b) The guaranteed shipping characteristics requested in paragraph (a)(1) of this clause do not establish actual transportation requirements, which are specified elsewhere in this solicitation. The guaranteed shipping characteristics will be used only for the purpose of evaluating offers and establishing any liability of the successful offeror for increased transportation costs resulting from actual shipping characteristics which differ from those used for evaluation in accordance with paragraph (a) of this clause.

(End of clause)

SECTION I - CONTRACT CLAUSES

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52.202-01 DEFINITIONS (NOV 2013) FAR

52.203-03 GRATUITIES (APR 1984) FAR

52.203-05 COVENANT AGAINST CONTINGENT FEES (MAY 2014) FAR

52.203-06 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006) FAR

52.203-07 ANTI-KICKBACK PROCEDURES (MAY 2014) FAR

52.203-08 CANCELLATION, RECISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

FAR

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014) FAR

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT 2010) FAR

252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE-CONTRACT-RELATED FELONIES

(DEC 2008) DFARS

52.204-04 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011) FAR

252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION CONTROLS (DEC 2015) DFARS

(a) Definitions. As used in this provision—

“Controlled technical information,” “covered contractor information system,” and “covered defense information” are defined in clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting.

(b) The security requirements required by contract clause 252.204-7012, Covered Defense Information and Cyber Incident Reporting, shall be implemented for all covered defense information on all covered contractor information systems that support the performance of this contract.

(c) For covered contractor information systems that are not part of an information technology (IT) service or system operated on behalf of the Government (see 252.204-7012(b)(1)(ii))—

(1) By submission of this offer, the Offeror represents that it will implement the security requirements specified by National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, “Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations” (see http://dx.doi.org/10.6028/NIST.SP.800-171), not later than December 31, 2017.

(2)(i) If the Offeror proposes to vary from any of the security requirements specified by NIST SP 800-171 that is in effect at the time the solicitation is issued or as authorized by the Contracting Officer, the Offeror shall submit to the Contracting Officer, for consideration by the DoD Chief Information Officer (CIO), a written explanation of—

(A) Why a particular security requirement is not applicable; or

(B) How an alternative but equally effective, security measure is used to compensate for the inability to satisfy a particular requirement and achieve equivalent protection.

(ii) An authorized representative of the DoD CIO will adjudicate offeror requests to vary from NIST SP 800-171 requirements in writing prior to contract award. Any accepted variance from NIST SP 800-171 shall be incorporated into the resulting contract.

(End of provision)

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (DEC 2015)

DFARS

(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

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SPRAL1-17-C-0002

http://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm http://dx.doi.org/10.6028/NIST.SP.800-171 locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company.

“Contractor information system” means an information system belonging to, or operated by or for, the Contractor.

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

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

“Covered defense information” means unclassified information that—

(i) Is—

(A) Provided to the contractor by or on behalf of DoD in connection with the performance of the contract; or

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

(ii) Falls in any of the following categories:

(A) Controlled technical information.

(B) Critical information (operations security). Specific facts identified through the Operations Security process about friendly intentions, capabilities, and activities vitally needed by adversaries for them to plan and act effectively so as to guarantee failure or unacceptable consequences for friendly mission accomplishment (part of Operations Security process).

(C) Export control. Unclassified information concerning certain items, commodities, technology, software, or other information whose export could reasonably be expected to adversely affect the United States national security and nonproliferation objectives. To include dual use items; items identified in export administration regulations, international traffic in arms regulations and munitions list; license applications; and sensitive nuclear technology information.

(D) Any other information, marked or otherwise identified in the contract, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies (e.g., privacy, proprietary business information).

“Cyber incident” means actions taken through the use of computer networks that result in 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.

“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 information is recorded, stored, or printed within an information system.

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

“Rapid(ly) report(ing)” means within 72 hours of discovery of any cyber incident.

“Technical information” means technical data or computer software, as those terms are defined in the clause at DFARS 252.227-7013, Rights in Technical Data-Non Commercial Items, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of technical information include research and engineering 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 for all covered defense information on all covered contractor information systems that support the performance of work under this contract. To provide adequate security, the Contractor shall—

(1) Implement information systems security protections on all covered contractor information systems including, at a minimum—

(i) For covered contractor information systems that are part of an Information Technology (IT) service or system operated on behalf of the Government—

(A) Cloud computing services shall be subject to the security requirements specified in the clause 252.239-7010, Cloud Computing Services, of this contract; and

(B) Any other such IT service or system (i.e., other than cloud computing) shall be subject to the security requirements specified elsewhere in this contract; or

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SPRAL1-17-C-0002

http://www.acq.osd.mil/dpap/dars/dfars/html/current/252227.htm#252.227-7013 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252239.htm

(ii) For covered contractor information systems that are not part of an IT service or system operated on behalf of the Government and therefore are not subject to the security requirement specified at paragraph (b)(1)(i) of this clause—

(A) The security requirements in National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, “Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations,” 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, as soon as practical, but not later than December 31, 2017. The Contractor shall notify the DoD 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; or

(B) Alternative but equally effective security measures used to compensate for the inability to satisfy a particular requirement and achieve equivalent protection accepted in writing by an authorized representative of the DoD CIO; and

(2) Apply other information systems security measures when the Contractor easonably determines that information systems security measures, in addition to those identified in paragraph (b)(1) of this clause, may be required to provide adequate security in a dynamic environment based on an assessed risk or vulnerability.

(c) Cyber incident reporting requirement.

(1) When the Contractor discovers a cyber incident that affects a covered contractor information system or the covered defense information residing therein, or that affects the contractor’s ability to perform the requirements of the contract that are designated as operationally critical support, the Contractor shall—

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

(ii) Rapidly report cyber incidents to DoD at http://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. The Contractor or subcontractors that discover and isolate malicious software in connection with a reported cyber incident shall submit the malicious software in accordance with instructions provided by the Contracting Officer.

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

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

(g) Cyber incident damage assessment activities. If DoD elects to conduct a damage assessment, the Contracting Officer will request that the Contractor provide all of the damage assessment information gathered in accordance with paragraph (e) of this clause.

(h) DoD safeguarding and use of contractor attributional/proprietary information. The Government shall protect against the unauthorized use or release of information obtained from the contractor (or derived from information obtained from the contractor) under this clause that includes contractor attributional/proprietary information, including such information submitted in accordance with paragraph (c). To the maximum extent practicable, the Contractor shall identify and mark attributional/proprietary information. In making an authorized release of such information, the Government will implement appropriate procedures to minimize the contractor attributional/proprietary information that is included in such authorized release, seeking to include only that information that is necessary for the authorized purpose(s) for which the information is being released.

(i) Use and release of contractor attributional/proprietary information not created by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is not created by or for DoD is authorized to be released outside of DoD—

(1) To entities with missions that may be affected by such information;

(2) To entities that may be called upon to assist in the diagnosis, detection, or mitigation of cyber incidents;

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SPRAL1-17-C-0002

http://dx.doi.org/10.6028/NIST.SP.800-171 mailto:osd.dibcsia@mail.mil http://dibnet.dod.mil/ http://dibnet.dod.mil/ http://iase.disa.mil/pki/eca/Pages/index.aspx

(3) To Government entities that conduct counterintelligence or law enforcement investigations;

(4) For national security purposes, including cyber situational awareness and defense purposes (including with Defense Industrial Base (DIB) participants in the program at 32 CFR part 236); or

(5) To a support services contractor (“recipient”) that is directly supporting Government activities under a contract that includes the clause at 252.204-7009, Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information.

(j) Use and release of contractor attributional/proprietary information created by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is created by or for DoD (including the information submitted pursuant to paragraph (c) of this clause) is authorized to be used and released outside of DoD for purposes and activities authorized by paragraph (i) of this clause, and for any other lawful Government purpose or activity, subject to all applicable statutory, regulatory, and policy based restrictions on the Government’s use and release of such information.

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

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

(m) Subcontracts. The Contractor shall—

(1) Include this clause, including this paragraph (m), in subcontracts, or similar contractual instruments, for operationally critical support, or for which subcontract performance will involve a covered contractor information system, including subcontracts for commercial items, without alteration, except to identify the parties; and

(2) When this clause is included in a subcontract, require subcontractors to rapidly report cyber incidents directly to DoD at http://dibnet.dod.mil and the prime Contractor. This includes providing the incident report number, automatically assigned by DoD, to the prime Contractor (or next higher-tier subcontractor) as soon as practicable.

(End of clause)

52.209-06 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR SUSPENSION (OCT 2015) FAR

252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE GOVERNMENT OF A

TERRORIST COUNTRY (OCT 2015) DFARS

52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS (APR 2008) FAR

252.211-7005 SUBSTITUTIONS FOR MILITARY OR FEDERAL SPECIFICATIONS AND STANDARDS (NOV 2005) DFARS

(4) If the proposed SPI process has been accepted at the facility at which it is proposed for use, but is not yet listed at the Internet site specified in paragraph (b) of this clause, submit documentation of Department of Defense acceptance of the SPI process.

(d) Absent a determination that an SPI process is not acceptable for this procurement, the Contractor shall use the following SPI processes in lieu of military or Federal specifications or standards:

(Offeror insert information for each SPI process) SPI Process:

Facility:

Military or Federal Specification or Standard:

Affected Contract Line Item Number, Subline Item Number, Component, or Element:

52.222-19 CHILD LABOR - COOPERATION WITH AUTHORITIES AND REMEDIES (FEB 2016) FAR

52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015) FAR

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SPRAL1-17-C-0002

http://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm http://dibnet.dod.mil/

52.222-26 EQUAL OPPORTUNITY (APR 2015) FAR

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015) FAR

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014) FAR

52.222-37 EMPLOYMENT REPORTS ON VETERANS (OCT 2015) FAR

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010) FAR

52.223-06 DRUG-FREE WORKPLACE (MAY 2001) FAR

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011) FAR

52.229-03 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013) FAR

52.232-17 INTEREST (MAY 2014) FAR

52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014) FAR

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) DFARS

52.242-13 BANKRUPTCY (JUL 1995) FAR

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENTS (DEC 2012) DFARS

(b) In accordance with 10 U.S.C. 2410(a), any request for equitable adjustment to contract terms that exceeds the simplified acquisition threshold shall bear, at the time of submission, the following certificate executed by an individual authorized to cer tify the request on behalf of the Contractor:

I certify that the request is made in good faith, and that the supporting data are accurate and complete to the best of my knowledge and belief.

(Official’s Name) (Title)

252.247-7023 TRANSPORATION OF SUPPLIES BY SEA (APR 2014) DFARS

52.249-02 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (APR 2012) FAR

52.249-08 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984) FAR

SECTION J - LIST OF ATTACHMENTS

List of Attachments

Description File Name ATTACH.Amendment

Amendment 0001.pdf

ATTACH.Amendment

Amendment 0002.pdf

ATTACH.Amendment

Amendment 0003.pdf

ATTACH.Amendment

Amendment 0004.pdf

ATTACH.Amendment

Amendment 0005.pdf

ATTACH.Bilateral Cover Bilateral SF26 Cover

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Letter Letter.pdf ATTACH.Transportation Letter

FY17 Transporation Letter.pdf

ATTACH.Final Proposal REvision Letter

Final Proposal Revision Letter SPRAL1-1

ATTACH.Signed SF26 SF26 CONTRACT- Signed.pdf

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