DFARS 252.239-7017 Notice of Supply Chain Risk. Basic (Feb 2019) (Current)

As prescribed in 239.7306(a), insert the provision at 252.239-7017, Notice of Supply Chain Risk, in all solicitations, including solicitations using FAR part 12 procedures for the acquisition of commercial items, for information technology, whether acquired as a service or as a supply, that is a covered system, is a part of a covered system, or is in support of a covered system, as defined at 239.7301.

SUPPLY CHAIN RISK (FEB 2019)

      (a)  Definitions.  As used in this clause–

“Information technology” (see 40 U.S.C 11101(6)) means, in lieu of the definition at FAR 2.1, any equipment, or interconnected system(s) or subsystem(s) of equipment, that is used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the agency.

      (1)  For purposes of this definition, equipment is used by an agency if the equipment is used by the agency directly or is used by a contractor under a contract with the agency that requires—

              (i)  Its use; or

              (ii)  To a significant extent, its use in the performance of a service or the furnishing of a product.

      (2)  The term “information technology” includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources.

      (3)  The term “information technology” does not include any equipment acquired by a contractor incidental to a contract.

“Supply chain risk,” means the risk that an adversary may sabotage, maliciously introduce unwanted function, or otherwise subvert the design, integrity, manufacturing, production, distribution, installation, operation, or maintenance of a covered system so as to surveil, deny, disrupt, or otherwise degrade the function, use, or operation of such system (see 10 U.S.C. 2339a).

      (b)  The Contractor shall mitigate supply chain risk in the provision of supplies and services to the Government.

      (c)  In order to manage supply chain risk, the Government may use the authorities provided by 10 U.S.C. 2339a. In exercising these authorities, the Government may consider information, public and non-public, including all-source intelligence, relating to a Contractor’s supply chain.

      (d)  If the Government exercises the authority provided in 10 U.S.C. 2339a to limit disclosure of information, no action undertaken by the Government under such authority shall be subject to review in a bid protest before the Government Accountability Office or in any Federal court.

(End of clause)
 

NONE

Subcontractor ✖ Contracts ✖   DFARS 212.301 IT ✔ (Applies to information technology, whether acquired as a service or as a supply, that is a covered system, is a part of a covered system, or is in support of a covered system, as defined at 239.7301.);

52.204-21 Basic Safeguarding of Covered Contractor Information Systems.

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

252.204-7000 Disclosure of Information.

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls.

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information.

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.

252.239-7000 Protection Against Compromising Emanations.

252.239-7009 Representation of Use of Cloud Computing.

252.239-7010 Cloud Computing Services.

252.239-7018 Supply Chain Risk.

252.245-7000 Government-Furnished Mapping, Charting, and Geodesy Property.

252.246-7007 Contractor Counterfeit Electronic Part Detection and Avoidance System.

252.204-7016 Covered Defense Telecommunications Equipment or Services-Representation.

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-Representation.

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements.

252.204-7020 NIST SP 800-171 DoD Assessment Requirements.

252.204-7021 Contractor Compliance with the Cybersecurity Maturity Model Certification Level Requirement.

1852.246-74 Contractor Counterfeit Electronic Part Detection and Avoidance

3052.204-70 Security requirements for unclassified information technology resources.

3052.204-71 Contractor employee access.

552.204-9 Personal Identity Verification Requirements.

552.239-70 Information Technology Security Plan and Security Authorization.

552.239-71 Security Requirements for Unclassified Information Technology Resources.

552.238-110 Commercial Satellite Communication (COMSATCOM) Services.

652.239-70 Information Technology Security Plan and Accreditation.

652.239-71 Security Requirements for Unclassified Information Technology Resources.

752.204-72 Access to USAID facilities and USAID's information systems.

952.204-77 Computer security.

952.223-76 Conditional payment of fee or profit-safeguarding restricted data and other classified information and protection of worker safety and health.

970.5203-1 Management controls.

970.5204-1 Counterintelligence.

970.5204-3 Access to and ownership of records.

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