1. Skyway Insight© Webinar
Training From Contracting Officers

2. Administrivia Settings Controls Attendees Record
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3. Kevin M. Jans President, Founder
16 years as a Contracting Officer
US Air Force
US Special Operations Command (USSOCOM)
Awarded and managed over $1 Billion in contracts
Founded Skyway in 2011
Built a team of fellow contracting officers who love this stuff
Skyway customers have won over $1.3 Billion in contracts
Creator and Co-host of the Contracting Officer Podcast
<RECORD>

4. Skyway Insight© Webinar
Training From Contracting Officers
Topic: Top Ten DFARS Clauses
Host: Kevin Jans
9/8/16

5. Agenda All clauses are important DFARS Top 10 Clauses Final Thoughts
This is live, so ask questions and interact throughout (use chat box)

6. All clauses are important

7. Clauses are like electricity…
Contract type = Foundation Line Items (CLINs) = Framing Funding = Plumbing Clauses = Electricity

8. How did they get here? Someone’s mistake (like a warning label)
Government oversight
Fear (Hanlon’s razor does NOT apply)
‘cuz Congress and/or the President said so

9. What’s in your contract?
You need to understand and be ready to comply with every clause (ouch!)
Clauses are written by lawyers and are not easy to interpret (sorry)
If you have questions, ask us!
Or contact your CO
Don’t assume you know!
Don’t assume they know!
NOTE: Most clauses are punitive (“do this or else”)

10. DFARS Top Ten Clauses

11. DOD Only
See Skyway webinar on the DFARS clauses in the Community here:

12. 252.201-7000 Contracting Officer's Representative
Safeguarding Covered Defense Information and Cyber Incident Reporting
Item Unique Identification and Valuation
Only One Offer
Proposal Adequacy Checklist
Preference for Certain Domestic Commodities
Wide Area WorkFlow Payment Instructions
Limitation of Government’s Obligation
Cloud Computing Services
Material Inspection and Receiving Report

13. 252.201-7000 Contracting Officer's Representative
Required for contracts that have a COR
Definition
“Contracting officer's representative” or COR (or COTR)
Person designated (per DFARS )
Authorized in writing by the CO to perform specific technical or administrative functions.

14. 252.201-7000 Contracting Officer's Representative
If the CO designates a COR…
Contractor gets a copy of the written designation (ask for it!)
Designation specifies the extent of the COR's authority to act on behalf of the CO
COR is not authorized to make any commitments or changes that affect
Price
Quality
Quantity
Delivery
or “any other term or condition of the contract”
This clause is your opening to communicate (or ask for an Equitable Adjustment)
Note: See Contracting Officer Podcast Episode 037 for more details on the COR

15. 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
When: All solicitations and contracts (including FAR Part 12)
Contractor shall provide adequate security for all covered defense information on all covered contractor information systems under this contract. Contractor shall (abbr.)
meet security requirements in National Institute of Standards and Technology (NIST) Special Publication (SP) …in effect at the time the solicitation is issued
Contractor shall notify the DoD CIO, via within 30 days of contract award, of any security requirements specified by NIST SP not implemented at the time of contract award; or alternative but equally effective measures used (and accepted in writing) by an authorized representative of the DoD CIO; and
Apply other information systems security measures when the Contractor reasonably determines may be required in a dynamic risk environment

16. 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
When [not ‘if’] the Contractor discovers a cyber incident that affects the IT system or the contractor’s ability to perform, the Contractor shall—
Review servers, computers, data and user accounts for evidence of compromise of covered defense information, including, contractor’s networks and rapidly report cyber incidents to DoD at 
Report malicious software
Monitor all relevant package capture data for at least 90 days from the submission of the cyber incident report to allow DoD to request the media or decline interest.
Assess cyber incident damage if requested by the CO and assist in the diagnosis, detection, or mitigation of cyber incidents
Contractor shall include this clause in subcontracts and require subcontractors to rapidly report cyber incidents directly to DoD and the prime contractor

17. 252.211-7003 Item Unique Identification
When: all RFPs and contracts (including FAR part 12) for supplies and for services involving the furnishing of supplies. 
“DoD Item Unique Identification” (IUID)
a system of marking items delivered to DoD with unique item identifiers with machine-readable data elements to distinguish an item from all other like and unlike items.
For items that are serialized,
the IUID shall include the all required data elements (of the ”enterprise” plus a serial number)
For items that are serialized within the part, lot, or batch number
The IUID shall include the data elements of the enterprise, plus
the original part, lot, or batch number
and the serial number.

18. Only One Offer
When, all solicitations and contracts (even FAR Part 12) except:
Acquisitions at or below the simplified acquisition threshold
Contingency, humanitarian or peacekeeping operations, or to facilitate defense against or recovery from nuclear, biological, chemical, or radiological attack
Small business set-asides
under FAR subpart 19.5
8(a) Program under 19.8
HUBZone Program (see FAR (c))
SDVOSB (see FAR (c))
WOSB (see FAR (d));
Acquisitions of basic or applied research or development (FAR (a))
Acquisitions of architect-engineer services (see FAR ).

19. Only One Offer
After initial submission of offers, the Offeror agrees to submit any subsequently requested additional cost or pricing data if the CO:
Gets only one offer; and
Additional cost or pricing data are required to determine the price fair and reasonable or to comply with the requirement for certified cost or pricing data
Note: See Contracting Officer Podcast Episode 062 for more details of Certified Cost or Pricing Data

20. 252.215-7009 Proposal Adequacy Checklist
Optional clause (Contracting Officer “should”)
The offeror shall complete the checklist
36 questions embedded in the clause
Contractor shall
provide location of requested information, or
It gives them an “out” if you didn’t direct them to the right page
don’t be low hanging fruit
explain why they did not provide the information
Contractor may
elect to have subcontractors use the same or similar checklist.

21. 252.225-7012 Preference for Certain Domestic Commodities
When: Used in solicitations and contracts (including FAR Part 12) > SAT
What: "Qualifying country”
One with a “reciprocal defense procurement memorandum of understanding or international agreement with the United States in which both countries agree to remove barriers to purchases of supplies produced in the other country or services performed by sources of the other country, and the memorandum or agreement complies, where applicable, with the requirements of section 36 of the Arms Export Control Act (22 U.S.C ) and with 10 U.S.C ”
AKA the Berry Amendment
Why:
We need to trust you won’t share our stuff
NOTE: SAT = Simplified Acquisition Threshold, or $150,000

22. The “DFARS Greenlight Countries” (as of Jan 2016)
Australia Austria Belgium Canada Czech Republic Denmark Egypt Finland France Germany Greece Israel Italy Japan Luxembourg Netherlands Norway Poland Portugal Slovenia Spain Sweden Switzerland Turkey and United Kingdom of Great Britain and Northern Ireland

23. 252.232-7006 Wide Area WorkFlow Payment Instructions
When: most DOD solicitations and contracts
What: The Contractor shall submit payment requests and receiving reports using WAWF through:
Electronic Data Interchange (EDI)
Secure File Transfer Protocol (FTP)
World Wide Web input (hand jamb…)
See for more details (or ask Shelley, Christi or Tim).

24. 252.232-7007 Limitation of Government’s Obligation
When: in solicitations and resulting incrementally funded fixed price contracts
What: Contractor agrees to perform to the total amount currently allotted [obligated] on contract and not beyond that point.
The Government will not be obligated in any event to pay over that amount
[Good news]: Total amount payable if a CLIN is terminated for convenience includes costs, profit, and estimated termination settlement costs

25. 252.239-7010 Cloud Computing Services
When: if using cloud computing to provide information technology services in contract performance. “Cloud computing” means…networks, servers, storage, applications, and services) that can be “rapidly provisioned”, includes
software-as-a-service
infrastructure-as-a-service
platform-as-a-service.
NOTE: There are strict security requirements in DOD!
Contractor shall implement and maintain administrative, technical, and physical safeguards and controls with the security level and services required in accordance with the Cloud Computing Security Requirements Guide (SRG) at 

26. 252.239-7010 Cloud Computing Services
Contractor shall keep data within the United States or outlying areas all Government (or on DoD premises), unless given written notification from the CO to use another location, in accordance with  (a)
Contractor and employees shall not access, use, or disclose Government data unless specifically authorized
Contractor shall report all cyber incidents related to the cloud computing service provided under this contract. Reports shall be submitted
Contractor or subcontractors that discover and isolate malicious software shall submit it IAW instructions provided by the CO
Contractor shall notify the CO promptly of any requests from a third party to access the Government data
Contractor shall include the substance of this clause in all subcontracts involving cloud services

27. 252.246-7000 Material Inspection and Receiving Report
When:  in solicitations and contracts with separate and distinct deliverables
What: At delivery (for goods or services), Contractor shall furnish a material inspection and receiving report to the extent required by Appendix F, Material Inspection and Receiving Report, of the Defense FAR Supplement.
Contractor submission of the material inspection and receiving information required using the Wide Area WorkFlow (WAWF)
This electronic form meets the requirement for DD Form 250

28. Final Words

29. Final Words Read them Know which ones to be afraid of (or not)
Or at least make a matrix of them
Use the Clause Logic
Ask Shelley or Vicky for help
Know which ones to be afraid of (or not)
Qualifying Country List and Cloud Computing
Review Top 10 FAR and DFARS clauses
Which ones are SHALL or may?
Post your questions in the Ask a CO Forum
You don’t know what you don’t know

30. Community Relations Lead
Need more help? us…
      
Kevin Jans
President
Shelley Hall
Community Relations Lead