Printer Maintenance Service- Tender, USA - 6475094

Procurement Summary

Country : USA

Summary : Printer Maintenance Service-

Deadline : 18 May 2016

Other Information

Notice Type : Tender

TOT Ref.No.: 6475094

Document Ref. No. : KOACL6RV107

Financier : Self Financed

Purchaser Ownership : -

Tender Value : Refer Document

Purchaser's Detail

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Address : Login to see tender_details

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Tender Details

Title: printer maintenance service
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(1) this is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

(2) this is solicitation number koacl6rv107. The solicitation is issued as a request for quotation (rfq).

(3) the solicitation document and incorporated provisions and clauses are those in effect through federal acquisition circular, fac 2005-87, effective 06 apr 2016.

(4) this requirement is 100% set-aside to small businesses. The naics code is 811212 and the small business size standard is $27.5 million.

(5) items:
----------
clin 001 - printer maintenance service for twenty-seven printers, base year, in accordance with the statement of work. Pricing is under the price section of this rfq.
Quantity: 1

unit of measure: lot

clin 002 - printer maintenance service for twenty-seven printers, option year 1, in accordance with the statement of work. Pricing is under the price section of this rfq.

Quantity: 1

unit of measure: lot

clin 003 - printer maintenance service for twenty-seven printers, option year 2, in accordance with the statement of work. Pricing is under the price section of this rfq.

Quantity: 1

unit of measure: lot

clin 004 - printer maintenance service for twenty-seven printers, option year 3, in accordance with the statement of work. Pricing is under the price section of this rfq.

Quantity: 1

unit of measure: lot

(6) description of items/services:

description of need:

the requirement is to provide the defense finance and accounting service cleveland with hewlett-packard (hp) printer maintenance services in accordance with the attached statement of work (sow). The service and maintenance of printers will include the replacement of all non-consumable parts. Recycled parts are acceptable. Consumable parts are toner, maintenance kits, fuser kits, and transfer kits. All other parts are non-consumable parts. Dfas cleveland is in need of this requirement to ensure adequate function and performance of twenty-seven (27) different hp printers. Vendor will coordinate all services to be performed with government point of contact: mrs. Terry cash (216) 204-7053, terry.l.cash6.civ@mail.mil.

Attachment #1 - equipment to be serviced

printer model quantity serial number
hp color laser jet 4005 1 jp4lc19002
1 jp4lb62422
1 jp4cc15235
1 jpdgd07969
1 jpdgc16199
1 jp4ld06648
1 jp4lb46357
1 jp4lb38721
1 jp4ld07853
1 jp4lb46264
1 jp4lb440152
1 jp4lb41649
1 jp4lc15232
1 jp4lb46356
1 jp4lc15974
1 jp4lb36803
1 jp4ld07810
1 jp4ld08814
1 jp4lc15235
hp color laser jet 4600 1 jpakf10851
1 jphmc83692
1 jpakd02742
hp laser jet 9040 1 jprl7dk03c
1 jprl7dk07v
1 jprl7ch028
hp designjet 500 1 sg22q32019
hp designjet 4000 1 sg63359010
total printers 27

please provide any service warranty information

3.0. Period of performance: the anticipated award will be one base year and three one year option periods. The base year period of performance will be one year from date of award. Delivery of the printer maintenance services required within 30 days of contract award.

Shipping address:

dfas cleveland
attn: terry cash
1240 east 9th street
cleveland, oh 44199-2055

4.0. Government point of contact (gpoc): the gpoc will act as the on-site technical point of the contract for the government. They will initiate maintenance and repair requests. The gpoc is not authorized to make contractual decisions. The authority to resolve monetary issues and contractual interpretation is the responsibility of the contracting officer.

The government point of contact (gpoc) for this order is listed below:

mrs. Terry cash
1240 east 9th street
cleveland, oh 44199-2055
phone: (216) 204-7053
email: terry.l.cash6.civ@mail.mil

5.0. Invoices: payment will be in accordance with the prompt payment act. Invoices will include contract number, invoice number, and date. Invoices will be submitted to the cor/gpoc (acceptor) as a 2-in-1 or combo invoice via the internet using the government provided wide area work flow (wawf) receiving/acceptance system at https://wawf.eb.mil. (reference clause 252.232.7003). When the 2-in-1 or combo invoice is received by the cor/gpoc via wawf, the cor/gpoc will review the document and if it is correct, accept it electronically and forward it for payment. Web based training is available at www.wawftraining.com and for more information go to www.dod.mil/dfas and click the e-commerce link.

Prior to submitting invoices, the contractor must contact the government gpoc to confirm the correct acceptor dodaac.

Should the vendor desire to track payment status, they must use the vendor pay inquiry system (vpis) at www.dfas.milmoneyvendor by selecting non-mocas system to track the status of payments. The dfas cor will e-mail the contractor when invoices have been certified for payment.

6.0. Security requirements:

all work performed for this requirement is unclassified or is sensitive information covered by the privacy act of 1974 and other department of defense and dfas regulations. Cybersecurity shall be in accordance with all federal, dod and dfas applicable provisions, including but not limited to the following:
-c dfas 8500.1-r, information protection and safeguards
-c dod directive (dodd) 8500.01, cybersecurity
-c dod instruction (dodi) 8510.01, risk management framework (rmf) for dod information technology (it) dod directives and dod instructions can be found at http://www.dtic.mil/whs/directives

end of description of need

(7)performance periods: delivery (fob destination) within 20 days after award. Performance will be for one base year, from date of award, and 3 one year options.

(8)the provision at 52.212-1, instructions to offerors -- commercial, applies to this acquisition.

(9) far 52.212-2, evaluation -- commercial items, is not applicable.
As prescribed in 12.301(c), the contracting officer may insert a provision substantially as follows:

evaluation -- commercial items (jan 1999)

(a) the government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the government, price and other factors considered. The following factors shall be used to evaluate offers: lowest price technically acceptable.

Offerors should address the following:

(1) acceptance criteria:
-----------------------------------------
at a minimum, quoters must meet the service requirements for the equipment identified in attachment #1 and services outlined in the statement of work. Quoters are to identify the capability to perform the maintenance services for the manufacturer and part numbers outlined in attachment #1 and or provide documentation/literature that identifies the maintenance service capabilities for the equipment listed to be quoted upon. Failure to provide the documentation/literature that identifies the maintenance service capabilities for the equipment listed to be quoted upon will be grounds to reject your quote.

(2) basis for selection:
------------------------------------
the basis for award selection is lowest price technically acceptable (lpta). A quoter s technical acceptability will be determined by a vendor meeting the government s minimum technical requirements (including any printer model numbers to be serviced) and not taking any exceptions to the rfq. Quoters will be evaluated based on the lowest quoted price who meets the government s minimum technical requirements of the solicitation. Quoters who do not take exception to the solicitation and meet the minimum technical requirements of this solicitation will be considered technically acceptable. All technically acceptable quotes will be evaluated for price reasonableness and award will be made to the lowest price technically acceptable quote. Contract quotes are requested to remain valid for a minimum of 30 days.

(3) quoter information:
-------------------------------
cage code:
company name:
point of contact:
telephone number:
email address:
tin (taxpayer identification number):
business size/classification: (applicable naics is 811212)
date:
delivery days or lead time:

vendors are to provide pricing information as reflected in exhibit 1 below (or in the same format).

Exhibit 1 - prices:

requirement firm fixed price
sow requirements for $
clin 0001 base year
sow requirements for $
clin 0002 option year 1
sow requirements for $
clin 0003 option year 2
sow requirements for
clin 0004 option year 3 $
total quoted price for base and all option years $

(b) a written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer s specified expiration time, the government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(10) offerors are to include a completed copy of the provision at 52.212-3, offeror representations and certifications -- commercial items, with their offer.

(11) the clause at 52.212-4, contract terms and conditions -- commercial items, applies to this acquisition.

(12) the clause at 52.212-5, contract terms and conditions required to implement statutes or executive orders -- commercial items, applies to this acquisition.

(13) additional contract requirement(s) or terms and conditions:

section 508 compliance: quoter shall include with their quote a voluntary product accessibility template (vpat).

The following section 508 accessibility standards are applicable:
- video and multi-media products (36 cfr 1194.24)

----------------------------------------------------------------------------
clauses/provisions: the government intends to include the following dfas, far and dfars clauses and provisions, either by reference or in full text in the resulting award. Note: the far and dfars clauses may be accessed in full text at http://farsite.hill.af.mil/. Dfas clauses have been attached below. Note: these following clauses may not be all inclusive in the resulting award:

federal acquisition regulation (48 cfr chapter 1) solicitation clauses.
52.209-10 prohibition on contracting with inverted domestic corporations (dec 2014)
52.209-11 representation by corporations regarding delinquent tax liability or a felony conviction under any federal law (feb 2016)
52.211-6 brand name or equal (aug 1999)
52.212-1 instructions to offerors -- commercial items (oct 2015)
52.212-3 alt i offeror representations and certifications -- commercial items (oct 2015)
52.223-6 drug-free workplace (may 2001)
52.223-16 acquisition of epeat(r) -registered personal computer products alternate i (oct 2015)
52.227-1 authorization and consent (dec 2007)
52.227-2 notice and assistance regarding patent and copyright infringement (dec. 2007)
52.232-1 payments (apr 1984)
52.232-8 discount for prompt payment (feb 2002)
52.232-11 extras (apr 1984)
52.232-39 unenforceability of unauthorized obligations (jun 2013)
52.232-40 providing accelerated payments to small business subcontractors (dec 2013)
52.233-1 disputes (may 2014)
52.233-3 protest after award (aug. 1996)
52.233-4 applicable law for breach of contract claim (oct 2004)
52.237-1 site visit (apr 1984)
52.242-15 stop-work order (aug 1989)
52.243-1 changes fixed-price (aug 1987)
52.247-34 f.o.b. Destination (nov 1991)
52.249-1 termination for convenience of the government (fixed-price) (short form) (apr 1984)
52.252-1 solicitation provisions incorporated by reference (feb 1998)
52.252-2 clauses incorporated by reference (feb 1998)
52.252-6 authorized deviations in clauses (apr 1984)
52.253-1 computer generated forms (jan 1991)

defense federal acquisition regulation supplements (dfars) clauses incorporated by reference.
252.203-7000 requirements relating to compensation of former dod officials (sep 2011)
252.203-7002 requirement to inform employees of whistleblower rights (sep 2013 )
252.203-7005 representation relating to compensation of former dod officials (nov 2011)
pgi 252.204-0001 line item specific: single funding (sep 2009)
252.204-7003 control of government personnel work product (apr 1992)
252.204-7004, alt a alternate a, system for award management (feb 2014 )
252.204-7011 alternative line item structure (sep 2011)
252.204-7015 disclosure of information to litigation support contractors (feb 2014)
252.209-7999 representation by corporations regarding an unpaid delinquent tax liability or a felony conviction under any federal law (deviation 2012-o0004) (jan 2012)
252.223-7006 prohibition on storage, treatment, and disposal of toxic or hazardous materials (sep 2014)
252.223-7008 prohibition of hexavalent chromium (jun 2013)
252.225-7001 buy american and balance of payments program(nov 2014)
252.225-7036 free trade agreements--balance of payments program (nov 2014)
252.225-7048 export-controlled items (jun 2013)
252.232-7003 electronic submission of payment requests and receiving reports (jun 2012)
252.232-7010 levies on contract payments (dec 2006)
252.237-7010 prohibition on interrogation of detainees by contractor personnel (jun 2013)
252.237-7023 continuation of essential contractor services (oct 2010)
252.239-7000 protection against compromising emanations (jun 2004)
252.239-7017 notice of supply chain risk (nov 2013)
252.239-7018 supply chain risk (nov 2013)
252.243-7001 pricing of contract modifications (dec 1991)
252.244-7000 subcontracts for commercial items (jun 2013)
252.246-7000 material inspection and receiving report (mar 2008)

clauses/provisions included in full text:

52.204-7 -- system for award management (jul 2013)

(a) definitions. As used in this provision-
"data universal numbering system (duns) number" means the 9-digit number assigned by dun and bradstreet, inc. (d&b) to identify unique business entities.
"data universal numbering system+4 (duns+4) number" means the duns number means the number assigned by d&b plus a 4-character suffix that may be assigned by a business concern. (d&b has no affiliation with this 4-character suffix.) this 4-character suffix may be assigned at the discretion of the business concern to establish additional system for award management records for identifying alternative electronic funds transfer (eft) accounts (see the far at subpart 32.11) for the same concern.
"registered in the system for award management (sam) database" means that-
(1) the offeror has entered all mandatory information, including the duns number or the duns+4 number, the contractor and government entity (cage) code, as well as data required by the federal funding accountability and transparency act of 2006 (see subpart 4.14), into the sam database; and
(2) the offeror has completed the core, assertions, and representations and certification, and points of contact sections of the registration in the sam database;
(3) the government has validated all mandatory data fields, to include validation of the taxpayer identification number (tin) with the internal revenue service (irs). The offeror will be required to provide consent for tin validation to the government as a part of the sam registration process.
(4) the government has marked the record "active".
(b)
(1) by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the sam database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.
(2) the offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "duns" or "duns+4" followed by the duns or duns+4 number that identifies the offeror s name and address exactly as stated in the offer. The duns number will be used by the contracting officer to verify that the offeror is registered in the sam database.
(c) if the offeror does not have a duns number, it should contact dun and bradstreet directly to obtain one.
(1) an offeror may obtain a duns number-
(i) via the internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call dun and bradstreet at 1-866-705-5711 if located within the united states; or
(ii) if located outside the united states, by contacting the local dun and bradstreet office. The offeror should indicate that it is an offeror for a u.s. Government contract when contacting the local dun and bradstreet office.
(2) the offeror should be prepared to provide the following information:
(i) company legal business name.
(ii) tradestyle, doing business, or other name by which your entity is commonly recognized.
(iii) company physical street address, city, state and zip code.
(iv) company mailing address, city, state and zip code (if separate from physical).
(v) company telephone number.
(vi) date the company was started.
(vii) number of employees at your location.
(viii) chief executive officer/key manager.
(ix) line of business (industry).
(x) company headquarters name and address (reporting relationship within your entity).
(d) if the offeror does not become registered in the sam database in the time prescribed by the contracting officer, the contracting officer will proceed to award to the next otherwise successful registered offeror.
(e) processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.
(f) offerors may obtain information on registration at https://www.acquisition.gov.

(end of provision)

52.204-13 - system for award management maintenance (jul 2013)
(a) definition. As used in this clause--
"data universal numbering system (duns) number" means the 9-digit number assigned by dun and bradstreet, inc. (d&b) to identify unique business entities, which is used as the identification number for federal contractors.
"data universal numbering system+4 (duns+4) number" means the duns number assigned by d&b plus a 4-character suffix that may be assigned by a business concern. (d&b has no affiliation with this 4-character suffix.) this 4-character suffix may be assigned at the discretion of the business concern to establish additional sam records for identifying alternative electronic funds transfer (eft) accounts (see the far at subpart 32.11) for the same concern.
"registered in the system for award management (sam) database" means that-
(1) the contractor has entered all mandatory information, including the duns number or the duns+4 number, the contractor and government entity (cage) code, as well as data required by the federal funding accountability and transparency act of 2006 (see subpart 4.14), into the sam database;
(2) the contractor has completed the core, assertions, representations and certifications, and points of contact sections of the registration in the sam database;
(3) the government has validated all mandatory data fields, to include validation of the taxpayer identification number (tin) with the internal revenue service (irs). The contractor will be required to provide consent for tin validation to the government as a part of the sam registration process; and
(4) the government has marked the record "active".
"system for award management (sam)" means the primary government repository for prospective federal awardee and federal awardee information and the centralized government system for certain contracting, grants, and other assistance-related processes. It includes-
(1) data collected from prospective federal awardees required for the conduct of business with the government;
(2) prospective contractor-submitted annual representations and certifications in accordance with far subpart 4.12; and
(3) identification of those parties excluded from receiving federal contracts, certain subcontracts, and certain types of federal financial and non-financial assistance and benefits.
(b) the contractor is responsible for the accuracy and completeness of the data within the sam database, and for any liability resulting from the government s reliance on inaccurate or incomplete data. To remain registered in the sam database after the initial registration, the contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in the sam database to ensure it is current, accurate and complete. Updating information in the sam does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.
(c)
(1)
(i) if a contractor has legally changed its business name, doing business as name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the contractor shall provide the responsible contracting officer a minimum of one business day s written notification of its intention to-
(a) change the name in the sam database;
(b) comply with the requirements of subpart 42.12 of the far; and
(c) agree in writing to the timeline and procedures specified by the responsible contracting officer. The contractor shall provide with the notification sufficient documentation to support he legally changed name.
(ii) if the contractor fails to comply with the requirements of paragraph (c)(1)(i) of this clause, or fails to perform the agreement at paragraph (c)(1)(i)(c) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the sam information that shows the contractor to be other than the contractor indicated in the contract will be considered to be incorrect information within the meaning of the "suspension of payment" paragraph of the electronic funds transfer (eft) clause of this contract.
(2) the contractor shall not change the name or address for eft payments or manual payments, as appropriate, in the sam record to reflect an assignee for the purpose of assignment of claims (see far subpart 32.8, assignment of claims). Assignees shall be separately registered in the sam. Information provided to the contractor s sam record that indicates payments, including those made by eft, to an ultimate recipient other than that contractor will be considered to be incorrect information within the meaning of the "suspension of payment" paragraph of the eft clause of this contract.
(3) the contractor shall ensure that the duns number is maintained with dun & bradstreet throughout the life of the contract. The contractor shall communicate any change to the duns number to the contracting officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the duns number does not necessarily require a novation be accomplished. Dun & bradstreet may be contacted-
(i) via the internet at http://fedgov.dnb.com/webform or if the contractor does not have internet access, it may call dun and bradstreet at 1-866-705-5711 if located within the united states; or
(ii) if located outside the united states, by contacting the local dun and bradstreet office.
(d) contractors may obtain additional information on registration and annual confirmation requirements at https://www.acquisition.gov.
(end of clause)

52.204-16 --commercial and government entity code reporting (jul 2015)
(a) definition. As used in this provision-
"commercial and government (cage) code" means--
(1) an identified assigned to entities located in the united states or its outlying areas by the defense logistics agency (dla) contractor and government entity (cage) branch to identify a commercial or government entity; or
(2) an identifier assigned by a member of the north atlantic treaty organization (nato) or by the nato support agency (nspa) to entities located outside the united states and its outlying areas that the dla contractor and government entity (cage) branch records and maintains in the cage master file. This type of code is known as an ncage code.
(b) the offeror shall enter its cage code in its offer with its name and address or otherwise include it prominently in its proposal. The cage code entered must be for that name and address. Enter "cage" before the number. The cage code is required prior to award.
(c) cage codes may be obtained via -
(1) registration in the system for award management (sam) at www.sam.gov. If the offeror is located in the united states or its outlying areas and does not already have a cage code assigned, the dla contractor and government entity (cage) branch will assign a cage code as a part of the sam registration process. Sam registrants located outside the united states and its outlying areas shall obtain a ncage code prior to registration in sam (see paragraph (c)(3) of this provision).
(2) the dla contractor and government entity (cage) branch. If registration in sam is not required for the subject procurement, and the offeror does not otherwise register in sam, an offeror located in the united states or its outlying areas may request that a cage code be assigned by submitting a request at http://www.dlis.dla.mil/cage_welcome.asp.
(3) the appropriate country codification bureau. Entities located outside the united states and its outlying areas may obtain an ncage code by contacting the codification bureau in the foreign entity s country if that country is a member of nato or a sponsored nation. Ncage codes may be obtained from the nspa if the foreign entity s country is not a member of nato or a sponsored nation. Points of contact for codification bureaus and nspa, as well as additional information on obtaining ncage codes, are available at http://www.dlis.dla.mil/nato/obtaincage.asp.
(d) additional guidance for establishing and maintaining cage codes is available at http://www.dlis.dla.mil/cage_welcome.asp.
(e) when a cage code is required for the immediate owner and/or the highest-level owner by 52.204-17 or 52.212-3(p), the offeror shall obtain the respective cage code from that entity to supply the cage code to the government.
(f) do not delay submission of the offer pending receipt of a cage code.

(end of provision)

52.204-18 commercial and government entity code maintenance (jul 2015)
(a) definition. As used in this clause-
"commercial and government entity (cage)" means-
(1) an identifier assigned to entities located in the united states or its outlying areas by the defense logistics agency (dla) contractor and government entity (cage) branch to identify a commercial or government entity, or
(2) an identifier assigned by a member of the north atlantic treaty organization (nato) or by the nato support agency (nspa) to entities located outside the united states and its outlying areas that the dla contractor and government entity (cage) branch records and maintains in the cage master file. This type of code is known as the ncage code.
(b) contractors shall ensure that the cage code is maintained throughout the life of the contract. For contractors registered in the system for award management (sam), the dla contractor and government entity (cage) branch shall only modify data received from sam in the cage master file if the contractor initiates those changes via update of its sam registration. Contractors undergoing a novation or change-of-name agreement shall notify the contracting officer in accordance with subpart 42.12. The contractor shall communicate any change to the cage code to the contracting officer within 30 days after the change, so that a modification can be issued to update the cage code on the contract.
(c) contractors located in the united states or its outlying areas that are not registered in sam shall submit written change requests to the dla contractor and government entity (cage) branch. Requests for changes shall be provided on a dd form 2051, request for assignment of a commercial and government entity (cage) code, to the address shown on the back of the dd form 2051. Change requests to the cage master file are accepted from the entity identified by the code.
(d) contractors located outside the united states and its outlying areas that are not registered in sam shall contact the appropriate national codification bureau or nspa to request cage changes. Points of contact for national codification bureaus and nspa, as well as additional information on obtaining ncage codes, are available at http://www.dlis.dla.mil/nato/obtaincage.asp.
(e) additional guidance for maintaining cage codes is available at http://www.dlis.dla.mil/cage_welcome.asp.

(end of clause)

52.204-19 - incorporation by reference of representations and certifications (dec 2014)
the contractor s representations and certifications, including those completed electronically via the system for award management (sam), are incorporated by reference into the contract.

52.212-5 -- contract terms and conditions required to implement statutes or executive orders -- commercial items (feb 2016)
(a) the contractor shall comply with the following federal acquisition regulation (far) clauses, which are incorporated in this contract by reference, to implement provisions of law or executive orders applicable to acquisitions of commercial items:
(1) 52.209-10, prohibition on contracting with inverted domestic corporations (nov 2015)
(2) 52.233-3, protest after award (aug 1996) (31 u.s.c. 3553).
(3) 52.233-4, applicable law for breach of contract claim (oct 2004) (public laws 108-77, 108-78 (19 u.s.c. 3805 note)).
(b) the contractor shall comply with the far clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:
(contracting officer check as appropriate.)
___ (1) 52.203-6, restrictions on subcontractor sales to the government (sept 2006), with alternate i (oct 1995) (41 u.s.c. 4704 and 10 u.s.c. 2402).
___ (2) 52.203-13, contractor code of business ethics and conduct (oct 2015) (41 u.s.c. 3509).
___ (3) 52.203-15, whistleblower protections under the american recovery and reinvestment act of 2009 (jun 2010) (section 1553 of pub l. 111-5) (applies to contracts funded by the american recovery and reinvestment act of 2009).
_x_ (4) 52.204-10, reporting executive compensation and first-tier subcontract awards (oct 2015) (pub. L. 109-282) (31 u.s.c. 6101 note).
___ (5) (reserved)
___ (6) 52.204-14, service contract reporting requirements (jan 2014) (pub. L. 111-117, section 743 of div. C).
___ (7) 52.204-15, service contract reporting requirements for indefinite-delivery contracts (jan 2014) (pub. L. 111-117, section 743 of div. C).
_x_ (8) 52.209-6, protecting the government s interest when subcontracting with contractors debarred, suspended, or proposed for debarment (oct 2015) (31 u.s.c. 6101 note).
_ __ (9) 52.209-9, updates of publicly available information regarding responsibility matters (jul 2013) (41 u.s.c. 2313).
___ (10) (reserved)
___ (11) (i) 52.219-3, notice of hubzone set-aside or sole-source award (nov 2011) (15 u.s.c. 657a).
___ (ii) alternate i (nov 2011) of 52.219-3.
___ (12) (i) 52.219-4, notice of price evaluation preference for hubzone small business concerns (oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 u.s.c. 657a).
___ (ii) alternate i (jan 2011) of 52.219-4.
___ (13) (reserved)
_x (14) (i) 52.219-6, notice of total small business aside (nov 2011) (15 u.s.c. 644).
___ (ii) alternate i (nov 2011).
___ (iii) alternate ii (nov 2011).
___ (15) (i) 52.219-7, notice of partial small business set-aside (june 2003) (15 u.s.c. 644).
___ (ii) alternate i (oct 1995) of 52.219-7.
___ (iii) alternate ii (mar 2004) of 52.219-7.
_x_ (16) 52.219-8, utilization of small business concerns (oct 2014) (15 u.s.c. 637(d)(2) and (3)).
___ (17) (i) 52.219-9, small business subcontracting plan (oct 2015) (15 u.s.c. 637 (d)(4)).
___ (ii) alternate i (oct 2001) of 52.219-9.
___ (iii) alternate ii (oct 2001) of 52.219-9.
___ (iv) alternate iii (oct 2015) of 52.219-9.
___ (18) 52.219-13, notice of set-aside of orders (nov 2011) (15 u.s.c. 644(r)).
___ (19) 52.219-14, limitations on subcontracting (nov 2011) (15 u.s.c. 637(a)(14)).
___ (20) 52.219-16, liquidated damages-subcontracting plan (jan 1999) (15 u.s.c. 637(d)(4)(f)(i)).
___ (21) 52.219-27, notice of service-disabled veteran-owned small business set-aside (nov 2011) (15 u.s.c. 657f).
_x_ (22) 52.219-28, post award small business program rerepresentation (jul 2013) (15 u.s.c. 632(a)(2)).
___ (23) 52.219-29, notice of set-aside for, or sole source award to, economically disadvantaged women-owned small business concerns (dec 2015) (15 u.s.c. 637(m)).
___ (24) 52.219-30, notice of set-aside for, or sole source award to, women-owned small business concerns eligible under the women-owned small business program (dec 2015) (15 u.s.c. 637(m)).
_x_ (25) 52.222-3, convict labor (june 2003) (e.o. 11755).
_x_ (26) 52.222-19, child labor-cooperation with authorities and remedies (feb 2016) (e.o. 13126).
_x_ (27) 52.222-21, prohibition of segregated facilities (apr 2015).
_x_ (28) 52.222-26, equal opportunity (apr 2015) (e.o. 11246).
___ (29) 52.222-35, equal opportunity for veterans (oct 2015) (38 u.s.c. 4212).
_x_ (30) 52.222-36, equal opportunity for workers with disabilities (jul 2014) (29 u.s.c. 793).
___ (31) 52.222-37, employment reports on veterans (feb 2016) (38 u.s.c. 4212).
___ (32) 52.222-40, notification of employee rights under the national labor relations act (dec 2010) (e.o. 13496).
_x_ (33) (i) 52.222-50, combating trafficking in persons (mar 2015) (22 u.s.c. Chapter 78 and e.o. 13627).
___ (ii) alternate i (mar 2015) of 52.222-50, (22 u.s.c. Chapter 78 and e.o. 13627).
___ (34) 52.222-54, employment eligibility verification (oct 2015). (e. O. 12989). (not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
___ (35) (i) 52.223-9, estimate of percentage of recovered material content for epa-designated items (may 2008) (42 u.s.c. 6962(c)(3)(a)(ii)). (not applicable to the acquisition of commercially available off-the-shelf items.)
___ (ii) alternate i (may 2008) of 52.223-9 (42 u.s.c. 6962(i)(2)(c)). (not applicable to the acquisition of commercially available off-the-shelf items.)
___ (36) (i) 52.223-13, acquisition of epeat(r) -registered imaging equipment (jun 2014) (e.o.s 13423 and 13514
___ (ii) alternate i (oct 2015) of 52.223-13.
___ (37) (i) 52.223-14, acquisition of epeat(r) -registered television (jun 2014) (e.o.s 13423 and 13514).
___ (ii) alternate i (jun 2014) of 52.223-14.
___ (38) 52.223-15, energy efficiency in energy-consuming products (dec 2007) (42 u.s.c. 8259b).
___ (39) (i) 52.223-16, acquisition of epeat(r) -registered personal computer products (oct 2015) (e.o.s 13423 and 13514).
___ (ii) alternate i (jun 2014) of 52.223-16.
_x_ (40) 52.223-18, encouraging contractor policies to ban text messaging while driving (aug 2011) (e.o. 13513).
___ (41) 52.225-1, buy american--supplies (may 2014) (41 u.s.c. Chapter 83).
___ (42) (i) 52.225-3, buy american--free trade agreements--israeli trade act (may 2014) (41 u.s.c. Chapter 83, 19 u.s.c. 3301 note, 19 u.s.c. 2112 note, 19 u.s.c. 3805 note, 19 u.s.c. 4001 note, pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).
___ (ii) alternate i (may 2014) of 52.225-3.
___ (iii) alternate ii (may 2014) of 52.225-3.
___ (iv) alternate iii (may 2014) of 52.225-3.
___ (43) 52.225-5, trade agreements (feb 2016) (19 u.s.c. 2501, et seq., 19 u.s.c. 3301 note).
_x_ (44) 52.225-13, restrictions on certain foreign purchases (jun 2008) (e.o. S, proclamations, and statutes administered by the office of foreign assets control of the department of the treasury).
___ (45) 52.225-26, contractors performing private security functions outside the united states (jul 2013) (section 862, as amended, of the national defense authorization act for fiscal year 2008; 10 u.s.c. 2302 note).
___ (46) 52.226-4, notice of disaster or emergency area set-aside (nov 2007) (42 u.s.c. 5150).
___ (47) 52.226-5, restrictions on subcontracting outside disaster or emergency area (nov 2007) (42 u.s.c. 5150).
___ (48) 52.232-29, terms for financing of purchases of commercial items (feb 2002) (41 u.s.c. 4505), 10 u.s.c. 2307(f)).
___ (49) 52.232-30, installment payments for commercial items (oct 1995) (41 u.s.c. 4505, 10 u.s.c. 2307(f)).
_x_ (50) 52.232-33, payment by electronic funds transfer- system for award management (jul 2013) (31 u.s.c. 3332).
___ (51) 52.232-34, payment by electronic funds transfer-other than system for award management (jul 2013) (31 u.s.c. 3332).
___ (52) 52.232-36, payment by third party (may 2014) (31 u.s.c. 3332).
_x_ (53) 52.239-1, privacy or security safeguards (aug 1996) (5 u.s.c. 552a).
___ (54) (i) 52.247-64, preference for privately owned u.s.-flag commercial vessels (feb 2006) (46 u.s.c. Appx 1241(b) and 10 u.s.c. 2631).
___ (ii) alternate i (apr 2003) of 52.247-64.
(c) the contractor shall comply with the far clauses in this paragraph (c), applicable to commercial services, that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:
(contracting officer check as appropriate.)
___ (1) 52.222-17, nondisplacement of qualified workers (may 2014) (e.o. 13495)
_x_ (2) 52.222-41, service contract labor standards (may 2014) (41 u.s.c. Chapter 67.).
_x_ (3) 52.222-42, statement of equivalent rates for federal hires (may 2014) (29 u.s.c. 206 and 41 u.s.c. Chapter 67).
___ (4) 52.222-43, fair labor standards act and service contract labor standards -- price adjustment (multiple year and option contracts) (may 2014) (29 u.s.c.206 and 41 u.s.c. Chapter 67).
___ (5) 52.222-44, fair labor standards act and service contract labor standards -- price adjustment (may 2014) (29 u.s.c. 206 and 41 u.s.c. Chapter 67).
___ (6) 52.222-51, exemption from application of the service contract labor standards to contracts for maintenance, calibration, or repair of certain equipment--requirements (may 2014) (41 u.s.c. Chapter 67).
___ (7) 52.222-53, exemption from application of the service contract labor standards to contracts for certain services--requirements (may 2014) (41 u.s.c. Chapter 67).
_x_ (8) 52.222-55, minimum wages under executive order 13658 (dec 2015) (e.o. 13658).
___ (9) 52.226-6, promoting excess food donation to nonprofit organizations. (may 2014) (42 u.s.c. 1792).
___ (10) 52.237-11, accepting and dispensing of $1 coin (sep 2008) (31 u.s.c. 5112(p)(1)).
(d) comptroller general examination of record the contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, audit and records -- negotiation.
(1) the comptroller general of the united states, or an authorized representative of the comptroller general, shall have access to and right to examine any of the contractor s directly pertinent records involving transactions related to this contract.
(2) the contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in far subpart 4.7, contractor records retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) as used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the contractor to create or maintain any record that the contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)
(1) notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the contractor is not required to flow down any far clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, contractor code of business ethics and conduct (oct 2015) (41 u.s.c. 3509).
(ii) 52.219-8, utilization of small business concerns (oct 2014) (15 u.s.c. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700, 000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iii) 52.222-17, nondisplacement of qualified workers (may 2014) (e.o. 13495). Flow down required in accordance with paragraph (1) of far clause 52.222-17.
(iv) 52.222-21, prohibition of segregated facilities (apr 2015).
(v) 52.222-26, equal opportunity (apr 2015) (e.o. 11246).
(vi) 52.222-35, equal opportunity for veterans (oct 2015) (38 u.s.c. 4212).
(vii) 52.222-36, equal opportunity for workers with disabilities (jul 2014) (29 u.s.c. 793).
(viii) 52.222-37, employment reports on veterans (feb 2016) (38 u.s.c. 4212).
(ix) 52.222-40, notification of employee rights under the national labor relations act (dec 2010) (e.o. 13496). Flow down required in accordance with paragraph (f) of far clause 52.222-40.
(x) 52.222-41, service contract labor standards (may 2014), (41 u.s.c. Chapter 67).
(xi) ____ (a) 52.222-50, combating trafficking in persons (mar 2015) (22 u.s.c. Chapter 78 and e.o. 13627).
___ (b) alternate i (mar 2015) of 52.222-50 (22 u.s.c. Chapter 78 e.o. 13627).
(xii) 52.222-51, exemption from application of the service contract labor standards to contracts for maintenance, calibration, or repair of certain equipment--requirements (may 2014) (41 u.s.c. Chapter 67.)
(xiii) 52.222-53, exemption from application of the service contract labor standards to contracts for certain services--requirements (may 2014) (41 u.s.c. Chapter 67)
(xiv) 52.222-54, employment eligibility verification (oct 2015) (e. O. 12989).
(xv) 52.222-55, minimum wages under executive order 13658 (dec 2015) (e.o. 13658).
(xvi) 52.225-26, contractors performing private security functions outside the united states (jul 2013) (section 862, as amended, of the national defense authorization act for fiscal year 2008; 10 u.s.c. 2302 note).
(xvii) 52.226-6, promoting excess food donation to nonprofit organizations. (may 2014) (42 u.s.c. 1792). Flow down required in accordance with paragraph (e) of far clause 52.226-6.
(xviii) 52.247-64, preference for privately-owned u.s. Flag commercial vessels (feb 2006) (46 u.s.c. Appx 1241(b) and 10 u.s.c. 2631). Flow down required in accordance with paragraph (d) of far clause 52.247-64.
(2) while not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(end of clause)
alternate i (feb 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to "paragraphs (a), (b), (c), or (d) of this clause" in the redesignated paragraph (d) to read "paragraphs (a), (b), and (c) of this clause".
Alternate ii (oct 2015). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows:
(d)
(1) the comptroller general of the united states, an appropriate inspector general appointed under section 3 or 8g of the inspector general act of 1978 (5 u.s.c. App.), or an authorized representative of either of the foregoing officials shall have access to and right to-
(i) examine any of the contractor s or any subcontractors records that pertain to, and involve transactions relating to, this contract; and
(ii) interview any officer or employee regarding such transactions.
(e)
(1) notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the contractor is not required to flow down any far clause in a subcontract for commercial items, other than-
(i) paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the inspector general under paragraph (d)(1)(ii) does not flow down; and
(ii) those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(a) 52.203-13, contractor code of business ethics and conduct (oct 2015) (41 u.s.c. 3509).
(b) 52.203-15, whistleblower protections under the american recovery and reinvestment act of 2009 (jun 2010) (section 1553 of pub. L. 111-5).
(c) 52.219-8, utilization of small business concerns (oct 2014) (15 u.s.c. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700, 000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(d) 52.222-21, prohibition of segregated facilities (apr 2015).
(e) 52.222-26, equal opportunity (apr 2015) (e.o. 11246).
(f) 52.222-35, equal opportunity for veterans (oct 2015) (38 u.s.c. 4212).
(g) 52.222-36, equal opportunity for workers with disabilities (jul 2014) (29 u.s.c. 793).
(h) 52.222-40, notification of employee rights under the national labor relations act (dec 2010) (e.o. 13496). Flow down required in accordance with paragraph (f) of far clause 52.222-40.
(i) 52.222-41, service contract labor standards (may 2014) (41 u.s.c. Chapter 67).
(j) ____ (1) 52.222-50, combating trafficking in persons (mar 2015) (22 u.s.c. Chapter 78 and e.o. 13627).
___ (2) alternate i (mar 2015) of 52.222-50 (22 u.s.c. Chapter 78 e.o. 13627).
(k) 52.222-51, exemption from application of the service contract labor standards to contracts for maintenance, calibration, or repair of certain equipment-requirements (may 2014) (41 u.s.c. Chapter 67).
(l) 52.222-53, exemption from application of the service contract labor standards to contracts for certain services--requirements (may 2014) (41 u.s.c. Chapter 67).
(m) 52.222-54, employment eligibility verification (oct 2015) (executive order 12989).
(n) 52.222-55, minimum wages under executive order 13658 (dec 2015) (e. O. 13658).
(o) 52.226-6, promoting excess food donation to nonprofit organizations. (may 2014) (42 u.s.c. 1792). Flow down required in accordance with paragraph (e) of far clause 52.226-6.
(p) 52.247-64, preference for privately owned u.s.-flag commercial vessels (feb 2006) (46 u.s.c. Appx. 1241(b) and 10 u.s.c. 2631). Flow down required in accordance with paragraph (d) of far clause 52.247-64.

52.217-5 -- evaluation of options (jul 1990)

except when it is determined in accordance with far 17.206(b) not to be in the government s best interests, the government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the government to exercise the option(s).

(end of provision)

52.217-8 -- option to extend services (nov 1999)

the government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the secretary of labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The contracting officer may exercise the option by written notice to the contractor within 14 days before the contract expires.

(end of clause)

52.217-9 -- option to extend the term of the contract (mar 2000)

(a) the government may extend the term of this contract by written notice to the contractor within 14 days before the contract expires; provided that the government gives the contractor a preliminary written notice of its intent to extend at least _15_ days before the contract expires. The preliminary notice does not commit the government to an extension.

(b) if the government exercises this option, the extended contract shall be considered to include this option clause.

(c) the total duration of this contract, including the exercise of any options under this clause, shall not exceed 4 years

(end of clause)

52.252-5 - authorized deviations in provisions (apr 1984)
(a) the use in this solicitation of any federal acquisition regulation (48 cfr chapter 1) provision with an authorized deviation is indicated by the addition of "(deviation)" after the date of the provision.
(b) the use in this solicitation of any defense federal acquisition regulation supplement (48 cfr chapter 2) provision with an authorized deviation is indicated by the addition of "(deviation)" after the name of the regulation.
(end of provision)

252.204-7004 alternate a, system for award management (feb 2014)
(a) definitions. As used in this provision-
"system for award management (sam) database" means the primary government repository for contractor information required for the conduct of business with the government.
"commercial and government entity (cage) code" means-
(1) a code assigned by the defense logistics information service (dlis) to identify a commercial or government entity; or
(2) a code assigned by a member of the north atlantic treaty organization that dlis records and maintains in the cage master file. This type of code is known as an "ncage code."
"data universal numbering system (duns) number" means the 9-digit number assigned by dun and bradstreet, inc. (d&b) to identify unique business entities.
"data universal numbering system +4 (duns+4) number" means the duns number assigned by d&b plus a 4-character suffix that may be assigned by a business concern. (d&b has no affiliation with this 4-character suffix.) this 4-character suffix may be assigned at the discretion of the business concern to establish additional sam records for identifying alternative electronic funds transfer (eft) accounts (see far 32.11) for the same parent concern.
"registered in the system for award management (sam) database" means that-
(1) the contractor has entered all mandatory information, including the duns number or the duns+4 number, and contractor and government entity (cage) code into the sam database; and
(2) the contractor has completed the core data, assertions, representations and certifications, and points of contact sections of the registration in the sam database;
(3) the government has validated all mandatory data fields, to include validation of the taxpayer identification number (tin) with the internal revenue service (irs). The contractor will be required to provide consent for tin validation to the government as part of the sam registration process; and
(4) the government has marked the record "active."

252.204-7006 billing instructions (oct 2005)
when submitting a request for payment, the contractor shall--
(a) identify the contract line item(s) on the payment request that reasonably reflect contract work performance; and
(b) separately identify a payment amount for each contract line item included in the payment request.

(end of clause)

252.232-7003 electronic submission of payment requests and receiving reports (jun 2012)
(a) definitions. As used in this clause-
(1) "contract financing payment" and "invoice payment" have the meanings given in section 32.001 of the federal acquisition regulation.
(2) "electronic form" means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using wide area workflow (wawf) or another electronic form authorized by the contracting officer.
(3) "payment request" means any request for contract financing payment or invoice payment submitted by the contractor under this contract.
(4) "receiving report" means the data required by the clause at 252.246-7000, material inspection and receiving report.
(b) except as provided in paragraph (c) of this clause, the contractor shall submit payment requests and receiving reports using wawf, in one of the following electronic formats that wawf accepts: electronic data interchange, secure file transfer protocol, or world wide web input. Information regarding wawf is available on the internet at https://wawf.eb.mil/.
(c) the contractor may submit a payment request and receiving report using other than wawf only when-
(1) the contracting officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the contractor. In such cases, the contractor shall include a copy of the contracting officer s determination with each request for payment;
(2) dod makes payment for commercial transportation services provided under a government rate tender or a contract for transportation services using a dod-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., powertrack, transportation financial management system, and cargo and billing system);
(3) dod makes payment for rendered health care services using the tricare encounter data system (teds) as the electronic format; or
(4) when the governmentwide commercial purchase card is used as the method of payment, only submission of the receiving report in electronic form is required.
(d) the contractor shall submit any non-electronic payment requests using the method or methods specified in section g of the contract.
(e) in addition to the requirements of this clause, the contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payment requests.
(end of clause)

252.204-7008 compliance with safeguarding covered defense information controls.

As prescribed in 204.7304(a), use the following provision:
compliance with safeguarding covered defense information
controls (deviation 2016-o0001)(oct 2015)
(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 (deviation 2016- o0001)(oct 2015).

(b) the security requirements required by contract clause 252.204-7012, safeguarding covered defense information and cyber incident reporting (deviation 2016-o0001)(oct 2015) shall be implemented for all covered defense information on all covered contractor information systems that support the performance
of this contract.

(c) if the offeror anticipates that additional time will be necessary to implement derived security requirement 3.5.3 "use of multifactor authentication for local and network access to privileged accounts and for network access to non-privileged accounts" within 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), the offeror shall notify the contracting officer that they will implement the requirement within 9 months of contract award.

(d) if the offeror proposes to deviate from any of the security requirements in nist sp 800-171that 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-

(1) why a particular security requirement is not applicable; or

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

(e) an authorized representative of the dod cio will approve or disapprove offeror requests to deviate from nist sp 800-171 requirements in writing prior to contract award. Any approved deviation 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.

As prescribed in 204.7304(c), use the following clause:

safeguarding covered defense information and cyber incident reporting (deviation 2016-o0001)(oct 2015)

(a) definitions. As used in this clause-

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

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

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

"contractor information system" means an information system belonging to, or operated by or for, the contractor.

"controlled technical information" means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information would meet the criteria, if disseminated, for distribution statements b through f using the criteria set forth in dod instruction 5230.24, distribution statements on technical documents. The term does not include information that is lawfully publicly available without restrictions.

"covered contractor information system" means an information system that is owned, 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 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.

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Documents

 Tender Notice