As prescribed in 2439.107(b), insert the following clause:
INFORMATION TECHNOLOGY VIRUS SECURITY (FEB 2006)
(a) The contractor hereby agrees to make every reasonable effort to deliver information technology products to HUD free of known computer viruses. The contractor shall be responsible for examining all such products prior to their delivery to HUD using software tools and processes capable of detecting all known viruses.
(b) The contractor shall include the following statement on deliveries of hardware, software, and data products, including diskettes, made under this contract:
[product description, part/catalog number, other identifier, and serial number, if any]
"This product has been scanned for known viruses using [name of virus-screening product, including version number, if any] and is certified to be free of known viruses at the time of delivery."
(c) The Contracting Officer may assess monetary damages against the contractor sufficient to compensate HUD for actual or estimated costs resulting from computer virus damage or malicious destruction of computer information arising from the contractor's failure to take adequate precautions to preclude delivery of virus-containing products in the delivery of hardware, software, or data on diskettes under this contract.
(d) This clause shall not limit the rights of the government under any other clause of this contract.
(End of clause)
