What happens if you disagree with a Medium or High Assessment result? Contractors and their subcontractors have 14 days to offer additional evidence as to how they comply with NIST requirements. Other organizations can request that you share your own scores directly, however, as part of the contract award process.
Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction The term does not include information that is lawfully publicly available without restrictions. Covered contractor information system means an unclassified information system that is owned, or operated by or for, a contractor and that processes, stores, or transmits covered defense information.
Forensic analysis means the practice of gathering, retaining, and analyzing computer-related data for investigative purposes in a manner that maintains the integrity of the data. Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information.
Malicious software means computer software or firmware intended to perform an unauthorized process that will have adverse impact on the confidentiality, integrity, or availability of an information system. This definition includes a virus, worm, Trojan horse, or other code-based entity that infects a host, as well as spyware and some forms of adware. Media means physical devices or writing surfaces including, but is not limited to, magnetic tapes , optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which covered defense information is recorded, stored, or printed within a covered contractor information system.
Operationally critical support means supplies or services designated by the Government as critical for airlift, sealift, intermodal transportation services, or logistical support that is essential to the mobilization, deployment, or sustainment of the Armed Forces in a contingency operation.
Such information shall include—. A For items previously determined to be commercial, the contract number and military department, defense agency, or other DoD component that rendered such determination, and if available, a Government point of contact;. C For items priced based on market pricing, a description of the nature of the commercial market, the methodology used to establish a market price, and all relevant sales data.
The description shall be adequate to permit DoD to verify the accuracy of the description;. D For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item; or.
E For items provided by nontraditional defense contractors, a statement that the entity is not currently performing and has not performed, for at least the 1-year period preceding the solicitation of sources by DoD for the procurement or transaction, any contract or subcontract for DoD that is subject to full coverage under the cost accounting standards prescribed pursuant to 41 U. If the Offeror is not granted an exception from the requirement to submit certified cost or pricing data, the following applies:.
The instructions in Table are incorporated as a mandatory format to be used in any resultant contract, unless the Contracting Officer and the Offeror agree to a different format and change this provision to use Alternate I. B To explain any technical differences that account for variances between the proposed prices and the sales data presented.
The Offeror shall insert the substance of this provision, including this paragraph e , in subcontracts exceeding the simplified acquisition threshold defined in FAR part 2. The Offeror shall require prospective subcontractors to adhere to the requirements of -. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office. The Contracting Officer shall insert the description at the time of issuing the solicitation or specify that the format regularly maintained by the offeror or prospective subcontractor in its business operations will be acceptable.
The Contracting Officer may amend the description as the result of negotiations. The Offeror shall insert the substance of this provision, including this paragraph e , in all subcontracts exceeding the simplified acquisition threshold defined in FAR part 2.
The Offeror shall require prospective subcontractors to adhere to the requirements of—. The Offeror shall submit the cost portion of the proposal via the following electronic media: [Insert media format, e. Offerors are advised that in accordance with 10 U. The decision to apply commercial item procedures to the procurement of supplies and services from a nontraditional defense contractor does not require a commercial item determination and does not mean the supplies or services are commercial.
There are two types of offsets: direct offsets and indirect offsets. For example, as a condition of a foreign military sale, the contractor may require or agree to permit the customer to produce in its country certain components or subsystems of the item being sold. Generally, direct offsets must be performed within a specified period, because they are integral to the deliverable of the FMS contract.
For example, as a condition of a foreign military sale, the contractor may agree to purchase certain manufactured products, agricultural commodities, raw materials, or services, or make an equity investment or grant of equipment required by the FMS customer, or may agree to build a school, road or other facility. Indirect offsets would also include projects that are related to the FMS contract but not purchased under said contract e.
Indirect offsets may be accomplished without a clearly defined period of performance. The review may be conducted in support of a particular contract proposal or during contract performance to find opportunities to reduce program costs. The Government will communicate the elements of the proposed should-cost review to the prime contractor Pub.
This price is the net price after applying any applicable standard trade discounts offered by the Contractor from its catalog, list, or schedule price. If it is not, the effective date of the increased unit price shall be the date of receipt of the request by the Contracting Officer; and. The Contractor shall be paid for those deliveries at the contract unit price increased to the extent provided by paragraph d of this clause.
But see Note 6. See Note 5. No modification to this contract will be made pursuant to this clause until the Contracting Officer has verified the revised established price see Note 6. In paragraph e 3 iii , insert the percentage representing the difference between the sum of the percentages inserted in paragraph b and percent. If the Contractor's request is received later, the effective date shall be the date that the Contracting Officer received the Contractor's request.
The decrease in contract unit price s shall apply to all items delivered on and after the effective date of the government's rate or price decrease. The Contractor shall make available its books and records that support a requested change in contract price.
A Has been determined in the performance of this contract to have caused serious bodily injury or death of any civilian or military personnel of the Government through gross negligence or with reckless disregard for the safety of such personnel; or. B Has been determined to be liable for actions of a subcontractor of the Contractor that caused serious bodily injury or death of any civilian or military personnel of the Government through gross negligence or with reckless disregard for the safety of such personnel.
C In an administrative proceeding, a finding of fault and liability that results in—. D In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in subparagraphs a ii A , a ii B , or a ii C.
E In a DoD investigation of the Contractor or its subcontractors at any tier not subject to the jurisdiction of the U. This price is the net price after applying any applicable standard trade discounts offered by the offeror from its catalog, list, or schedule price. Failure to agree on an equitable adjustment shall be treated as a dispute under the Disputes clause of this contract. If the Plan was negotiated before contract award, then the negotiated schedule shall be used.
This delivery schedule shall provide acceleration by month up to the maximum sustainable rate of delivery achievable within the Contractor's existing facilities, equipment, and subcontracting structure. The notice and modification will establish a not-to-exceed price equal to the highest contract unit price or cost of the added or accelerated items as of the date of the notice.
However, nothing in this clause shall excuse the Contractor from proceeding with the performance of the contract, as modified, while any resulting claim is being settled. Offerors may inspect the property during the period insert beginning and ending dates and insert hours during day. The issuance of a job order signed by the Contracting Officer constitutes award.
The job order shall incorporate the terms and conditions of the Master Agreement. The Contractor shall maintain, and make available for inspection by the Contracting Officer or the Contracting Officer's representative, records supporting the cost of performing the work.
In the meantime, the Contractor shall diligently proceed to perform the work ordered. The prices agreed upon shall be set forth in a modification of the job order. Coast Guard, and the Institute of Electrical and Electronic Engineers, in effect at the time of Contractor's submission of bid or acceptance of the job order, if negotiated. The solicitation shall prescribe the Navy standard whenever applicable. Qualifications of a welder shall be as specified in the job order.
The amount retained will be in accordance with the rate authorized by Congress for Naval vessel repair contracts at the time of job order award. If the Contracting Officer does not so direct—. Where performance and payment bond is required, the offer price shall be increased upon the award of the job order in an amount not to exceed the premium of a corporate surety bond.
Examples of such causes include acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather. Failure to agree shall be a dispute concerning a question of fact within the meaning of the Disputes clause. Subject to the provisions of the Disputes clause of the Master Agreement, the Contracting Officer shall ascertain the facts and the extent of the delay and shall extend the time for performance when in the judgment of the Contracting Officer, the findings of fact justify an extension.
The Contractor shall not start work until the job order has been awarded except in the case of emergency work ordered by the Contracting Officer under the Job Orders and Compensation clause of the Master Agreement.
Upon completion of the work, the Government shall accept delivery of the vessel at the time and location specified in the job order.
Dock and sea trials not specified in the job order shall be at the Contractor's expense and risk. The Contractor shall be responsible for care, installation, and removal of instruments and apparatus furnished by the Government for use in the trials.
The Government assumes the risks of loss of and damage to that property. B Defective materials or equipment furnished by the Contractor or its subcontracts; or. C Workmanship, materials, or equipment which do not conform to the requirements of the contract, whether or not the defect is latent or whether or not the nonconformance is the result of negligence.
If required by the Contracting Officer, the Contractor shall execute a formal assignment or transfer of the claim, demand, or cause of action. The Contractor indemnifies the Government and the vessel and its owners against all claims, demands, or causes of action to which the Government, the vessel or its owner s might be subject as a result of damage or injury including death to the property or person of anyone other than the Government or its employees, or the vessel or its owner, arising in whole or in part from the negligence or other wrongful act of the Contractor or its agents or employees, or any subcontractor, or its agents or employees.
For any claim, etc. The indemnity does apply to death occurring after 90 days where the injury was received during the period covered by the indemnity.
The Government shall reimburse the Contractor for expenses incurred in this effort, other than the cost of maintaining the Contractor's usual organization. The Contracting Officer may, without prejudice to any other right of the Government, either—.
In that event, the Contractor and Contracting Officer shall negotiate an equitable reduction in the job price. Failure to agree upon an equitable reduction shall constitute a dispute under the Disputes clause of this agreement. Nothing contained in the Master Agreement or any job order shall relieve the Contractor of any obligations it may have to comply with—.
The Contractor agrees to begin promptly negotiating with the Contracting Officer the terms of a definitive contract that will include 1 all clauses required by the Federal Acquisition Regulation FAR on the date of execution of the undefinitized contract action, 2 all clauses required by law on the date of execution of the definitive contract action, and 3 any other mutually agreeable clauses, terms, and conditions.
In any event, the Contractor shall proceed with completion of the contract, subject only to the Limitation of Government Liability clause. If the parties cannot agree upon the procedures, the Administrative Contracting Officer has the unilateral right to direct the over and above work procedures to be followed.
These procedures shall, as a minimum, cover—. Work requests shall contain data on the type of discrepancy disclosed, the specific location of the discrepancy, and the estimated labor hours and material required to correct the discrepancy. Data shall be sufficient to satisfy contract requirements and obtain the authorization of the Contracting Officer to perform the proposed work;. The Government and Contractor will then negotiate a settlement for the over and above work.
Contract modifications will be executed to definitize all over and above work. The Offeror is therefore encouraged to develop the capabilities and characteristics typically desired in contractors that are competitive as other-than-small contractors in this industry.
This clause supplements the Federal Acquisition Regulation Notifications shall be in writing and shall occur within a reasonable period of time after award of the subcontract. Contractor-specified formats shall be acceptable. Alternate II. Eligible contractor means a business entity operated on a for-profit or nonprofit basis that -. Upon expulsion from the Test Program or expiration of the Test Program, the Contractor shall negotiate an individual subcontracting plan for all future contracts that meet the requirements of 15 U.
The reports shall provide information on subcontract awards to small business concerns, veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns, and women-owned small business concerns.
Purchases from a corporation, company, or subdivision that is an affiliate of the prime Contractor or subcontractor are not included in these reports. Subcontract award data reported by prime contractors and subcontractors shall be limited to awards made to their immediate next-tier subcontractors.
Credit cannot be taken for awards made to lower-tier subcontractors unless the Contractor or subcontractor has been designated to receive a small business or small disadvantaged business credit from a member firm of the Alaska Native Corporations or an Indian tribe. Only subcontracts involving performance in the U. Reports are due 30 days after the close of each reporting period.
The Contracting Officer will compare the approved percentage or dollar goals to the total, actual subcontracting dollars covered by the plan. The Contractor shall include in subcontracts that offer subcontracting opportunities, are expected to exceed the applicable threshold specified in FAR Accordingly, the SBA, even if not identified in Section A of this contract, is the prime contractor and retains responsibility for 8 a certification, for 8 a eligibility determinations and related issues, and for providing counseling and assistance to the 8 a Contractor under the 8 a Program.
The cognizant SBA district office is:. The contracting office also shall coordinate with the SBA prior to processing any novation agreement. The contracting office may assign contract administration functions to a contract administration office.
Consistent with section of Public Law , transfer of ownership or control shall result in termination of the contract for convenience, unless the SBA waives the requirement for termination prior to the actual relinquishing of ownership and control.
The Contractor shall not begin performance under this purchase order until 2 working days have passed from the date of its receipt. Unless the Contractor receives notification from the Small Business Administration that it is ineligible for this 8 a award, or otherwise receives instructions from the Contracting Officer, performance under this purchase order may begin on the third working day following receipt of the purchase order. If a determination of ineligibility is issued within the 2-day period, the purchase order shall be considered canceled.
Prior to the date set for commencement of work and services under this contract, the Contractor shall obtain the prescribed permit from the Inspectorate of Labor having jurisdiction over the work site, in accordance with Article 5g of Italian Law Number , dated October 23, The Contractor shall ensure that a copy of the permit is available at all reasonable times for inspection by the Contracting Officer or an authorized representative.
Failure to obtain such permit may result in termination of the contract for the convenience of the United States Government, at no cost to the United States Government. Within 30 calendar days after the start of contract performance, the Contractor shall ensure that copies of the documents identified in paragraph a 1 through a 5 of this clause are available at all reasonable times for inspection by the Contracting Officer or an authorized representative.
The Contractor shall retain the records in accordance with the Audit and Records clause of this contract. The work required by this contract shall not be performed by any alien who is issued a visa or otherwise provided nonimmigrant status under Section a 15 H ii of the Immigration and Nationality Act 8 U. This prohibition does not apply to the performance of work by lawfully admitted citizens of the freely associated states of the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau.
B Any tort related to or arising out of sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention; or. B Any tort related to or arising out of sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention; and.
The Standard requires that the hazard warning label conform to the requirements of the standard unless the material is otherwise subject to the labelling requirements of one of the following statutes:. Any hazardous material not listed will be interpreted to mean that a label is required in accordance with the Hazard Communication Standard. The Contractor shall also comply with any other additional requirements included in the schedule of this contract.
The Contractor shall allow authorized Government representatives to evaluate safety programs, implementation, and facilities. The Contractor is not entitled to reimbursement of costs incurred to correct noncompliances unless such reimbursement is specified elsewhere in the contract. The Contracting Officer may direct a different time period for the correction of noncompliances.
The Contractor shall not resume performance until the Contracting Officer is satisfied that the corrective action was effective and the Contracting Officer so informs the Contractor. If the Contractor is entitled to an equitable adjustment, it shall be made in accordance with the Changes clause of this contract. If a mishap involving ammunition or explosives occurs, the Contractor shall—. The Contracting Officer or authorized representative may furnish copies to the subcontractor.
The Contractor and higher tier subcontractors shall also include provisions to allow direction to cease performance of the subcontract if a serious uncorrected or recurring safety deficiency potentially causes an imminent hazard to DoD personnel, property, or contract performance. The Contractor will determine the best method for verifying the adequacy of the subcontractor's compliance. The Government performs these safety surveys of subcontractor facilities solely to prevent the occurrence of any mishap which would endanger the safety of DoD personnel or otherwise adversely impact upon the Government's contractual interests.
Failure to furnish this information with the offer may result in rejection of the offer. The Contracting Officer shall grant approval only if there is enough time for the Government to perform the necessary safety reviews on the new proposed place of performance.
While this clause defines criteria for such a program, contractors are encouraged to implement alternative approaches comparable to the criteria in paragraph c that are designed to achieve the objectives of this clause. Employee drug testing programs shall be established taking account of the following:. The extent of and criteria for such testing shall be determined by the Contractor based on considerations that include the nature of the work being performed under the contract, the employee's duties, the efficient use of Contractor resources, and the risks to health, safety, or national security that could result from the failure of an employee adequately to discharge his or her position.
A When there is a reasonable suspicion that an employee uses illegal drugs; or. C As part of or as a follow-up to counseling or rehabilitation for illegal drug use;. Contractors shall not allow any employee to remain on duty or perform in a sensitive position who is found to use illegal drugs until such time as the Contractor, in accordance with procedures established by the Contractor, determines that the employee may perform in such a position.
It does not include a temporary accumulation of a limited quantity of a material used in or a waste generated or resulting from authorized activities, such as servicing, maintenance, or repair of Department of Defense DoD items, equipment, or facilities. A charge may be assessed for any storage or disposal authorized under any of the exceptions to 10 U. If a charge is to be assessed, then such assessment shall be identified elsewhere in the contract with payment to the Government on a reimbursable cost basis.
Inclusion of the substance of this clause in subcontracts does not relieve the prime Contractor of liability to the Government under paragraph c. The edition of DoD The Contractor shall include the substance of this clause, including this paragraph d , in all subcontracts, including subcontracts for commercial items, that are for supplies, maintenance and repair services, or construction materials. C Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and.
A The cost of its qualifying country components and its components that are mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. The cost of components includes transportation costs to the place of incorporation into the end product and U. Scrap generated, collected, and prepared for processing in the United States is considered domestic.
A component is considered to have been mined, produced, or manufactured in the United States regardless of its source in fact if the end product in which it is incorporated is manufactured in the United States and the component is of a class or kind for which the Government has determined that—.
Accordingly, the following are qualifying countries:. A The cost of the following types of components exceeds 50 percent of the cost of all its components:. C chapter 83, Buy American. In accordance with 41 U. Unless otherwise specified, this clause applies to all line items in the contract. The term refers to a product offered for purchase under a supply contract, but for purposes of calculating the value of the end product includes services except transportation services incidental to its supply, provided that the value of those incidental services does not exceed the value of the product itself.
The Contractor shall submit a report in accordance with this clause, if the Contractor or a first-tier subcontractor will perform any part of this contract outside the United States and Canada that—.
The identification—. The problem that the Executive Order was trying to solve was that departments and agencies were employing ad hoc, agency-specific policies, procedures, and markings to safeguard and control CUI against any information and cyber incident. This inefficient and confusing patchwork led to inconsistent, unclear, or unnecessarily restrictive dissemination policies, and created impediments to authorized information sharing.
Inefficiency in itself is a shame. In this case more so, since CUI is sensitive information that often impacts privacy and security concerns, contains proprietary business interests, and is critical in law enforcement investigations.
The National Institute of Standards and Technology NIST Special Publication SP requirement was developed to ensure that those working in conjunction with the Department of Defense, like the defense industrial base DIB , would have methods to meet the requirements for safeguarding covered defense information.
How is filling out the cybersecurity questionnaire different than the actions required by cyber DFARS Performing all activities outlined in the questionnaire does not satisfy the requirements associated with cyber DFARS clause Key Takeaway: If you received an Exostar or other flow-down questionnaire from your Prime, simply filling it out and sending it back doesn't meet the DFARS compliance across the What it is, what it isn't and what you can do now.
DoD may consider how many controls are implemented in making award decisions and otherwise may require companies to implement all NIST SP controls.
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