This contract incorporates the following clauses in full text.
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****(USE BELOW IN ALL SOLICITATIONS AND CONTRACTS.)****
FEDERAL ACQUISITION REGULATION (FAR) (48 CFR CHAPTER 1) CLAUSES
605
***(USE BELOW IN SOLICITATIONS AND CONTRACTS WHEN THE CONTRACTOR OR A SUBCONTRACTOR AT ANY TIER MAY HAVE FEDERAL CONTRACT INFORMATION RESIDING IN OR TRANSITING THROUGH ITS INFORMATION SYSTEM.)***
FAR Clause 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (June 2016)
a. Definitions. As used in this clause--
"Covered contractor information system" means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.
"Federal contract information" means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.
"Information" means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).
"Information system" means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).
"Safeguarding" means measures or controls that are prescribed to protect information systems.
b. Safeguarding requirements and procedures.
1. The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:
i. Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).
ii. Limit information system access to the types of transactions and functions that authorized users are permitted to execute.
iii. Verify and control/limit connections to and use of external information systems.
iv. Control information posted or processed on publicly accessible information systems.
v. Identify information system users, processes acting on behalf of users, or devices.
vi. Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.
vii. Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.
viii. Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.
ix. Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.
x. Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.
xi. Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.
xii. Identify, report, and correct information and information system flaws in a timely manner.
xiii. Provide protection from malicious code at appropriate locations within organizational information systems.
xiv. Update malicious code protection mechanisms when new releases are available.
xv. Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.
2. Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.
c. Subcontracts . The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.
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****(USE BELOW IN:
SOLICITATIONS: WHERE THE RESULTANT CONTRACT IS EXPECTED TO EXCEED $500,000 AND
CONTRACTS: WHEN THE OFFEROR HAS CHECKED "HAS" CURRENT ACTIVE FEDERAL CONTRACTS AND GRANTS WITH A TOTAL VALUE GREATER THAN $10,000,000 IN PARAGRAPH "b" OF THE PROVISION 52.209-7, Information Regarding Responsibility Matters.)****
FAR Clause52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 2013)
As prescribed in 9.104-7(c), insert the following clause:
The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management (SAM) database at http://www.acquisition.gov .
As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments--
The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by--
Government personnel and authorized users performing business on behalf of the Government; or
The Contractor, when viewing data on itself; and
The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for--
Past performance reviews required by subpart 42.15;
Information that was entered prior to April 15, 2011; or
Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.
The Contractor will receive notification when the Government posts new information to the Contractor's record.
If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.
The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.
As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.
Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.
(End of clause) 607
****(USE BELOW IN FIXED PRICE SUPPLY AND INDEFINITE DELIVERY NEGOTIATED SOLICITATIONS AND CONTRACTS WHEN THE CONDITIONS SPECIFIED IN 16.203-4(a)(1)(i) - (iii) APPLY [BUT SEE 16.203-4(a)(2)]. THE CLAUSE MAY BE MODIFIED BY INCREASING THE 10% LIMIT ON AGGREGATE INCREASES SPECIFIED IN SUBPARAGRAPH (c)(1), UPON APPROVAL OF THE CHIEF OF THE CONTRACTING OFFICE.)****
FAR Clause 52.216-2, Economic Price Adjustment--Standard Supplies (January 1997).
The Contractor warrants that the unit price stated in the Schedule for [offeror insert Schedule line item number] is not in excess of the Contractor's applicable established price in effect on the contract date for like quantities of the same item. The term "unit price" excludes any part of the price directly resulting from requirements for preservation, packaging, or packing beyond standard commercial practice. The term "established price" means a price that--
Is an established catalog or market price for a commercial item sold in substantial quantities to the general public; and
Is the net price after applying any standard trade discounts offered by the Contractor.
The Contractor shall promptly notify the Contracting Officer of the amount and effective date of each decrease in any applicable established price. Each corresponding contract unit price shall be decreased by the same percentage that the established price is decreased. The decrease shall apply to those items delivered on and after the effective date of the decrease in the Contractor's established price, and this contract shall be modified accordingly.
If the Contractor's applicable established price is increased after the contract date, the corresponding contract unit price shall be increased, upon the Contractor's written request to the Contracting Officer, by the same percentage that the established price is increased, and the contract shall be modified accordingly, subject to the following limitations:
The aggregate of the increases in any contract unit price under this clause shall not exceed 10 percent of the original contract unit price.
The increased contract unit price shall be effective--
On the effective date of the increase in the applicable established price if the Contracting Officer receives the Contractor's written request within 10 days thereafter; or
If the written request is received later, on the date the Contracting Officer receives the request.
The increased contract unit price shall not apply to quantities scheduled under the contract for delivery before the effective date of the increased contract unit price, unless failure to deliver before that date results from causes beyond the control and without the fault or negligence of the Contractor, within the meaning of the Default clause.
No modification increasing a contract unit price shall be executed under this paragraph (c) until the Contracting Officer verifies the increase in the applicable established price.
Within 30 days after receipt of the Contractor's written request, the Contracting Officer may cancel, without liability to either party, any undelivered portion of the contract items affected by the requested increase.
During the time allowed for the cancellation provided for in paragraph (c)(5) of this clause, and thereafter if there is no cancellation, the Contractor shall continue deliveries according to the contract delivery schedule, and the Government shall pay for such deliveries at the contract unit price, increased to the extent provided by paragraph (c) of this clause.
(End of Clause)
608
****(USE BELOW IN FIXED PRICE SUPPLY NEGOTIATED SOLICITATIONS AND CONTRACTS WHEN THE CONDITIONS SPECIFIED IN 16.203-4(b)(1)(i) - (iii) APPLY [BUT SEE 16.203-4(b)(1)(i)]. THE CLAUSE MAY BE MODIFIED BY INCREASE THE 10% LIMIT ON AGGREGATE INCREASE SPECIFIED IN SUBPARAGRAPH (c)(1), UPON APPROVAL OF THE CHIEF OF THE CONTRACTING OFFICE.)****
FAR Clause52.216-3, Economic Price Adjustment--Semi Standard Supplies(JANUARY 1997)
The Contractor warrants that the supplies identified as line items [offeror insert Schedule line item number] in the Schedule are, except for modifications required by the contract specifications, supplies for which it has an established price. The term "established price" means a price that (1) is an established catalog or market price for a commercial item sold in substantial quantities to the general public, and (2) is the net price after applying any standard trade discounts offered by the Contractor. The Contractor further warrants that, as of the date of this contract, any difference between the unit prices stated in the contract for these line items and the Contractor's established prices for like quantities of the nearest commercial equivalents are due to compliance with contract specifications and with any contract requirements for preservation, packaging, and packing beyond standard commercial practice.
The Contractor shall promptly notify the Contracting Officer of the amount and effective date of each decrease in any applicable established price. Each corresponding contract unit price (exclusive of any part of the unit price that reflects modifications resulting from compliance with specifications or with requirements for preservation, packaging, and packing beyond standard commercial practice) shall be decreased by the same percentage that the established price is decreased. The decrease shall apply to those items delivered on and after the effective date of the decrease in the Contractor's established price, and this contract shall be modified accordingly.
If the Contractor's applicable established price is increased after the contract date, the corresponding contract unit price (exclusive of any part of the unit price resulting from compliance with specifications or with requirements for preservation, packaging, and packing beyond standard commercial practice) shall be increased, upon the Contractor's written request to the Contracting Officer, by the same percentage that the established price is increased, and the contract shall be modified accordingly, subject to the following limitations:
The aggregate of the increases in any contract unit price under this clause shall not exceed 10 percent of the original contract unit price.
On the effective date of the increase in the applicable established price if the Contracting Officer receives the Contractor's written request within 10 days thereafter; or
If the written request is received later, on the date the Contracting Officer receives the request.
The increased contract unit price shall not apply to quantities scheduled under the contract for delivery before the effective date of the increased contract unit price, unless failure to deliver before that date results from causes beyond the control and without the fault or negligence of the Contractor, within the meaning of the Default clause.
No modification increasing a contract unit price shall be executed under this paragraph (c) until the Contracting Officer verifies the increase in the applicable established price.
Within 30 days after receipt of the Contractor's written request, the Contracting Officer may cancel, without liability to either party, any undelivered portion of the contract items affected by the requested increase.
During the time allowed for the cancellation provided for in paragraph (c)(5) of this clause, and thereafter if there is no cancellation, the Contractor shall continue deliveries according to the contract delivery schedule, and the Government shall pay for such deliveries at the contract unit price, increased to the extent provided by paragraph (c) of this clause.
(End of clause) 609
****(USE BELOW IN INDEFINITE DELIVERY, DEFINITE-QUANTITY, REQUIREMENTS, OR INDEFINITE-QUANTITY RFPs & CONTRACTS.
ADDITIONAL INFORMATION TO COMPLETE THIS ITEM:
Subparagraph a: Insert the dates for the timeframe that orders may be issued under the contract. Note: In accordance with FAR 16.505(a)(2) orders can only be issued within the period of performance of the contract.)****
FAR Clause 52.216-18,Ordering (October 1995).
Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from through .
All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.
(End of clause)
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****(USE BELOW [OR WORDS SUBSTANTIALLY THE SAME] IN INDEFINITE DELIVERY, DEFINITE-QUANTITY, REQUIREMENTS, OR INDEFINITE-QUANTITY SOLICITATIONS AND CONTRACTS.)****
