B.01 Combined Syn Sol_W91YTZ1-21-R-0051.docx

Document Type:

Combined Solicitation/Synopsis

Unrestricted, Full and Open Competition

Size Standard: 1,000 employees

Contracting Office Address Department of the Army US Army Medical Command Army Health Contracting Activity Regional Health Contracting Office - Atlantic 442 Central Hospital Court, Bldg 332 Fort Gordon, GA 30905

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued and is expected to result in the award of a firm-fixed price requirement type contract. The resulting award will be made on SF 1449, for commercial supplies and services. Solicitation number W91YTZ-21-R-0051 is issued as request for quote (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-05 current as of 10 March 2021 and DFARS DPN 20200603.

This acquisition is UNRESTRICTED, under size standard 1,000 and NAICS code 334516. The Government anticipates awarding a single award for this requirement to provide two (2) Automated Urinalysis Analyzers, reagents, supplies, preventative maintenance, training and any other items required for the proper operation of the Contractor owned equipment for Martin Army Community Hospital (BMACH) Fort Benning, Georgia. This requirement is for a base period and 4 option periods. All responsible Small Businesses offers may submit a quotation which will be considered by the agency.

Item No. 0001: Automated Urinalysis Systems 2 Each The contractor shall provide Martin Army Community Hospital (BMACH) with all necessary equipment for full functionality of the Automated Urinalysis Systems. This instrumentation platform shall include a maximum of two (2) analyzers for Automated Urinalysis Systems to be located at BMACH Main Hospital Lab and at Combined Troop Medical Clinic Lab.

Billing shall occur monthly. Ordering Period: 1 October 2021 – 30 September 2022.

Unit Price: _______________________ Total: ______________________

Item No. 0001AA: CPRR BMACH 12 Months The contractor shall provide Martin Army Community Hospital (BMACH) with all necessary consumables and reagents for urine chemistry, urine microscopy and body fluid tests for Automated Urinalysis Systems. List of cost per reportable test are in Exhibit 1 of the SOO.

Billing shall occur monthly. Ordering Period: 1 October 2021 – 30 September 2022.

Unit Price: _______________________ Total: ______________________

Item No. 0001AB: CPRR CTMC 12 Months The contractor shall provide Martin Army Community Hospital (BMACH) with all necessary consumables and reagents for urine chemistry, urine microscopy and body fluid tests for Automated Urinalysis Systems. List of cost per reportable test are in Exhibit 1 of the PWS.

Billing shall occur monthly. Ordering Period: 1 October 2021 – 30 September 2022.

Unit Price: _______________________ Total: ______________________

Item No. 0001AC: Urine Chemistry Overages 1,200 Each The contractor shall provide Martin Army Community Hospital (BMACH) with all necessary consumables and reagents for urine chemistry, urine microscopy and body fluid tests for Automated Urinalysis Systems. List of cost per reportable test are in Exhibit 1 of the SOO.

Billing shall occur monthly. Ordering Period: 1 October 2021 – 30 September 2022.

Unit Price: _______________________ Total: ______________________

Item No. 0001AD: Urine Microscopy Overages 1,200 Each The contractor shall provide Martin Army Community Hospital (BMACH) with all necessary consumables and reagents for urine chemistry, urine microscopy and body fluid tests for Automated Urinalysis Systems. List of cost per reportable test are in Exhibit 1 of the SOO.

Billing shall occur monthly. Ordering Period: 1 October 2021 – 30 September 2022.

Unit Price: _______________________ Total: ______________________

Item No. 0001AE: Body Fluid Overages 25 Each The contractor shall provide Martin Army Community Hospital (BMACH) with all necessary consumables and reagents for urine chemistry, urine microscopy and body fluid tests for Automated Urinalysis Systems. List of cost per reportable test are in Exhibit 1 of the SOO.

Billing shall occur monthly. Ordering Period: 1 October 2021 – 30 September 2022.

Base Year Total: ______________________

Option Year 1

Item No. 1001: Automated Urinalysis Systems 2 Each The contractor shall provide Martin Army Community Hospital (BMACH) with all necessary equipment for full functionality of the Automated Urinalysis Systems. This instrumentation platform shall include a maximum of two (2) analyzers for Automated Urinalysis Systems to be located at BMACH Main Hospital Lab and at Combined Troop Medical Clinic Lab.

Billing shall occur monthly. Ordering Period: 1 October 2022 – 30 September 2023.

Unit Price: _______________________ Total: ______________________

Item No. 1001AA: CPRR BMACH 12 Months The contractor shall provide Martin Army Community Hospital (BMACH) with all necessary consumables and reagents for urine chemistry, urine microscopy and body fluid tests for Automated Urinalysis Systems. List of cost per reportable test are in Exhibit 1 of the SOO.

Billing shall occur monthly. Ordering Period: 1 October 2022 – 30 September 2023.

Unit Price: _______________________ Total: ______________________

Item No. 1001AB: CPRR CTMC 12 Months The contractor shall provide Martin Army Community Hospital (BMACH) with all necessary consumables and reagents for urine chemistry, urine microscopy and body fluid tests for Automated Urinalysis Systems. List of cost per reportable test are in Exhibit 1 of the SOO.

Billing shall occur monthly. Ordering Period: 1 October 2022 – 30 September 2023.

Unit Price: _______________________ Total: ______________________

Item No. 1001AC: Urine Chemistry Overages 1,200 Each The contractor shall provide Martin Army Community Hospital (BMACH) with all necessary consumables and reagents for urine chemistry, urine microscopy and body fluid tests for Automated Urinalysis Systems. List of cost per reportable test are in Exhibit 1 of the SOO.

Billing shall occur monthly. Ordering Period: 1 October 2022 – 30 September 2023.

Unit Price: _______________________ Total: ______________________

Item No. 1001AD: Urine Microscopy Overages 1,200 Each The contractor shall provide Martin Army Community Hospital (BMACH) with all necessary consumables and reagents for urine chemistry, urine microscopy and body fluid tests for Automated Urinalysis Systems. List of cost per reportable test are in Exhibit 1 of the SOO.

Billing shall occur monthly. Ordering Period: 1 October 2022 – 30 September 2023.

Unit Price: _______________________ Total: ______________________

Item No. 1001AE: Body Fluid Overages 25 Each The contractor shall provide Martin Army Community Hospital (BMACH) with all necessary consumables and reagents for urine chemistry, urine microscopy and body fluid tests for Automated Urinalysis Systems. List of cost per reportable test are in Exhibit 1 of the SOO.

Billing shall occur monthly. Ordering Period: 1 October 2022 – 30 September 2023.

OY1 Total: ______________________

Option Year 2

Item No. 2001: Automated Urinalysis Systems 2 Each The contractor shall provide Martin Army Community Hospital (BMACH) with all necessary equipment for full functionality of the Automated Urinalysis Systems. This instrumentation platform shall include a maximum of two (2) analyzers for Automated Urinalysis Systems to be located at BMACH Main Hospital Lab and at Combined Troop Medical Clinic Lab.

Billing shall occur monthly. Ordering Period: 1 October 2023 – 30 September 2024.

Unit Price: _______________________ Total: ______________________

Item No. 2001AA: CPRR BMACH 12 Months The contractor shall provide Martin Army Community Hospital (BMACH) with all necessary consumables and reagents for urine chemistry, urine microscopy and body fluid tests for Automated Urinalysis Systems. List of cost per reportable test are in Exhibit 1 of the SOO.

Billing shall occur monthly. Ordering Period: 1 October 2023 – 30 September 2024.

Unit Price: _______________________ Total: ______________________

Item No. 2001AB: CPRR CTMC 12 Months The contractor shall provide Martin Army Community Hospital (BMACH) with all necessary consumables and reagents for urine chemistry, urine microscopy and body fluid tests for Automated Urinalysis Systems. List of cost per reportable test are in Exhibit 1 of the SOO.

Billing shall occur monthly. Ordering Period: 1 October 2023 – 30 September 2024.

Unit Price: _______________________ Total: ______________________

Item No. 2001AC: Urine Chemistry Overages 1,200 Each The contractor shall provide Martin Army Community Hospital (BMACH) with all necessary consumables and reagents for urine chemistry, urine microscopy and body fluid tests for Automated Urinalysis Systems. List of cost per reportable test are in Exhibit 1 of the SOO.

Billing shall occur monthly. Ordering Period: 1 October 2023 – 30 September 2024.

Unit Price: _______________________ Total: ______________________

Item No. 2001AD: Urine Microscopy Overages 1,200 Each The contractor shall provide Martin Army Community Hospital (BMACH) with all necessary consumables and reagents for urine chemistry, urine microscopy and body fluid tests for Automated Urinalysis Systems. List of cost per reportable test are in Exhibit 1 of the SOO.

Billing shall occur monthly. Ordering Period: 1 October 2023 – 30 September 2024.

Unit Price: _______________________ Total: ______________________

Item No. 2001AE: Body Fluid Overages 25 Each The contractor shall provide Martin Army Community Hospital (BMACH) with all necessary consumables and reagents for urine chemistry, urine microscopy and body fluid tests for Automated Urinalysis Systems. List of cost per reportable test are in Exhibit 1 of the SOO.

Billing shall occur monthly. Ordering Period: 1 October 2023 – 30 September 2024.

OY 2 Total: ______________________

Option Year 3

Item No. 3001: Automated Urinalysis Systems 2 Each The contractor shall provide Martin Army Community Hospital (BMACH) with all necessary equipment for full functionality of the Automated Urinalysis Systems. This instrumentation platform shall include a maximum of two (2) analyzers for Automated Urinalysis Systems to be located at BMACH Main Hospital Lab and at Combined Troop Medical Clinic Lab.

Billing shall occur monthly. Ordering Period: 1 October 2024 – 30 September 2025.

Unit Price: _______________________ Total: ______________________

Item No. 3001AA: CPRR BMACH 12 Months The contractor shall provide Martin Army Community Hospital (BMACH) with all necessary consumables and reagents for urine chemistry, urine microscopy and body fluid tests for Automated Urinalysis Systems. List of cost per reportable test are in Exhibit 1 of the SOO.

Billing shall occur monthly. Ordering Period: 1 October 2024 – 30 September 2025.

Unit Price: _______________________ Total: ______________________

Item No. 3001AB: CPRR CTMC 12 Months The contractor shall provide Martin Army Community Hospital (BMACH) with all necessary consumables and reagents for urine chemistry, urine microscopy and body fluid tests for Automated Urinalysis Systems. List of cost per reportable test are in Exhibit 1 of the SOO.

Billing shall occur monthly. Ordering Period: 1 October 2024 – 30 September 2025.

Unit Price: _______________________ Total: ______________________

Item No. 3001AC: Urine Chemistry Overages 1,200 Each The contractor shall provide Martin Army Community Hospital (BMACH) with all necessary consumables and reagents for urine chemistry, urine microscopy and body fluid tests for Automated Urinalysis Systems. List of cost per reportable test are in Exhibit 1 of the SOO.

Billing shall occur monthly. Ordering Period: 1 October 2024 – 30 September 2025.

Unit Price: _______________________ Total: ______________________

Item No. 3001AD: Urine Microscopy Overages 1,200 Each The contractor shall provide Martin Army Community Hospital (BMACH) with all necessary consumables and reagents for urine chemistry, urine microscopy and body fluid tests for Automated Urinalysis Systems. List of cost per reportable test are in Exhibit 1 of the SOO.

Billing shall occur monthly. Ordering Period: 1 October 2024 – 30 September 2025.

Unit Price: _______________________ Total: ______________________

Item No. 3001AE: Body Fluid Overages 25 Each The contractor shall provide Martin Army Community Hospital (BMACH) with all necessary consumables and reagents for urine chemistry, urine microscopy and body fluid tests for Automated Urinalysis Systems. List of cost per reportable test are in Exhibit 1 of the SOO.

Billing shall occur monthly. Ordering Period: 1 October 2024 – 30 September 2025.

OY 3 Total: ______________________

Option Year 4

Item No. 4001: Automated Urinalysis Systems 2 Each The contractor shall provide Martin Army Community Hospital (BMACH) with all necessary equipment for full functionality of the Automated Urinalysis Systems. This instrumentation platform shall include a maximum of two (2) analyzers for Automated Urinalysis Systems to be located at BMACH Main Hospital Lab and at Combined Troop Medical Clinic Lab.

Billing shall occur monthly. Ordering Period: 1 October 2025 – 30 September 2026.

Unit Price: _______________________ Total: ______________________

Item No. 4001AA: CPRR BMACH 12 Months The contractor shall provide Martin Army Community Hospital (BMACH) with all necessary consumables and reagents for urine chemistry, urine microscopy and body fluid tests for Automated Urinalysis Systems. List of cost per reportable test are in Exhibit 1 of the SOO.

Billing shall occur monthly. Ordering Period: 1 October 2025 – 30 September 2026.

Unit Price: _______________________ Total: ______________________

Item No. 4001AB: CPRR CTMC 12 Months The contractor shall provide Martin Army Community Hospital (BMACH) with all necessary consumables and reagents for urine chemistry, urine microscopy and body fluid tests for Automated Urinalysis Systems. List of cost per reportable test are in Exhibit 1 of the SOO.

Billing shall occur monthly. Ordering Period: 1 October 2025 – 30 September 2026.

Unit Price: _______________________ Total: ______________________

Item No. 4001AC: Urine Chemistry Overages 1,200 Each The contractor shall provide Martin Army Community Hospital (BMACH) with all necessary consumables and reagents for urine chemistry, urine microscopy and body fluid tests for Automated Urinalysis Systems. List of cost per reportable test are in Exhibit 1 of the SOO.

Billing shall occur monthly. Ordering Period: 1 October 2025 – 30 September 2026.

Unit Price: _______________________ Total: ______________________

Item No. 4001AD: Urine Microscopy Overages 1,200 Each The contractor shall provide Martin Army Community Hospital (BMACH) with all necessary consumables and reagents for urine chemistry, urine microscopy and body fluid tests for Automated Urinalysis Systems. List of cost per reportable test are in Exhibit 1 of the SOO.

Billing shall occur monthly. Ordering Period: 1 October 2025 – 30 September 20265.

Unit Price: _______________________ Total: ______________________

Item No. 4001AE: Body Fluid Overages 25 Each The contractor shall provide Martin Army Community Hospital (BMACH) with all necessary consumables and reagents for urine chemistry, urine microscopy and body fluid tests for Automated Urinalysis Systems. List of cost per reportable test are in Exhibit 1 of the SOO.

Billing shall occur monthly. Ordering Period: 1 October 2025 – 30 September 2026.

OY 4 Total: ______________________

Total Base Period Plus four (4) Option Periods:

The following FAR Clauses and Provisions in their latest editions apply to this solicitation.

52.212-4 Contract Terms and Conditions – Commercial Items OCT 2018

52.212-4 ADDENDUM

Paragraph 52.212-4(w) is hereby added:

(w) The non-FAR Part 12 discretionary FAR, DFARS, AFARS, and Local clauses herein are incorporated into this contract either by reference or in full text. If incorporated by reference, see clause 52.252-2 for locations where full text can be found.

CLAUSES INCORPORATED BY REFERENCE

Government Alternate I 52.203-12 Limitation on Payments to Influence Certain JUN 2020 Federal Transactions

Maintenance 52.204-23 Prohibition on Contracting for Hardware, JUL 2018 Software, and Services Developed or Provided By Kaspersky Lab and Other Covered Entities 52.204-24 Representation Regarding Certain OCT 2020 Telecommunications and Video Surveillance Services or Equipment 52.204-25 Prohibition on Contracting for Certain AUG 2020 Telecommunications and Video Surveillance Services or Equipment

Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements 52.223-3 Hazardous Material Identification and Material JAN 1997 Safety Data

52.237-2 Protection of Government Buildings, Equipment APR 1984 52.242-13 Bankruptcy JUL 1995 52.244-2 Subcontracts JUN 2020 52.244-6 Subcontracts for Commercial Items NOV 2020

Rights 252.204-7003 Control of Government Personnel Work Product APR 1992 252.204-7018 Prohibition on the Acquisition of Covered Defense DEC 2019 Telecommunications Equipment or Services 252.209-7004 Subcontracting with Firms That Are Owned or MAY 2019 Controlled by the Government of a Country That Is a State Sponsor of Terrorism 252.219-7003 Small Business Subcontracting Plan MAY 2019 252.223-7006 Prohibition on Storage and Disposal of Toxic SEP 2014 And Hazardous Materials

Economic Enterprises, and Native Hawaiian Small Business Concerns 252.232-7003 Electronic Submission of Payment Requests and DEC 2018 Receiving Reports

252.232-7017 Accelerating Payments to Small Business APR 2020 Subcontractors-Prohibition of Fees and Consideration

Incorporated in Full Text

52.209-10 Prohibition on Contracting With Inverted Domestic NOV 2015 Corporations

(a) Definitions. As used in this clause- Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Subsidiary means an entity in which more than 50 percent of the entity is owned-

(1) Directly by a parent corporation; or

(2) Through another su52.212-5bsidiary of a parent corporation.

(b) If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period of performance of this contract, the Government may be prohibited from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.

(c) Exceptions to this prohibition are located at 9.108-2.

(d) In the event the Contractor becomes either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting Officer within five business days from the date of the inversion event.

(End of clause)

52.217-7 Option for Increased Quantity—Separately Priced Item MAR 1989 The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days before contract expires. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of clause) 52.217-9 Option to Extend the Term of the Contract MAR 2000

The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

© The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months

(End of clause)

52.219-28 Post-Award Small Business Program Representation NOV 2020

(a) Definitions. As used in this clause— Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause. Such a concern is “not dominant in its field of operation” when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts-

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.

(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.

(e) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph (b) and (c) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.

(g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (f) or (h) of this clause.

(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

(1) The Contractor represents that it □ is, □ is not a small business concern under NAICS Code 325413 assigned to contract number TBD.

(2) [ Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it □ is, □ is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) [ Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause. ] The Contractor represents that it □ is, □ is not a women-owned small business concern.

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the Contractor represented itself as a women-owned small business concern in paragraph (h)(3) of this clause.] The Contractor represents that—

(i) It □ is, □ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (h)(4)(i) of this clause is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The Contractor shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture:_____.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(5) Economically disadvantaged women-owned small business (EDWOSB) concern.[Complete only if the Contractor represented itself as a women-owned small business concern eligible under the WOSB Program in (h)(4) of this clause. ] The Contractor represents that—

(i) It □ is, □ is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (h)(5)(i) of this clause is accurate for each EDWOSB concern participating in the joint venture. [The Contractor shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: _____.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(6) [ Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause. ] The Contractor represents that it □ is, □ is not a veteran-owned small business concern.

(7) [ Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.] The Contractor represents that it □ is, □ is not a service-disabled veteran-owned small business concern.

(8) [ Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause. ] The Contractor represents that—

(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The Contractor shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: _____.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

[Contractor to sign and date and insert authorized signer's name and title.] (End of clause)

52.222-35 Equal Opportunity for Veterans JUN 2020

(a) Definitions. As used in this clause- “Active duty wartime or campaign badge veteran,” “Armed Forces service medal veteran,” “disabled veteran,” “protected veteran,” “qualified disabled veteran,” and “recently separated veteran” have the meanings given at Federal Acquisition Regulation (FAR) 22.1301.

(b)Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c)Subcontracts. The Contractor shall insert the terms of this clause in subcontracts valued at or above the threshold specified in FAR 22.1303(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of clause) 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020

(a)Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b)Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of the threshold specified in Federal Acquisition Regulation (FAR) 22.1408(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of clause) 52.222-40 Notification of Employee Rights under the National DEC 2010 Labor Relations Act

(a) During the term of this contract, the Contractor shall post an employee notice, of such size and in such form, and containing such content as prescribed by the Secretary of Labor, in conspicuous places in and about its plants and offices where employees covered by the National Labor Relations Act engage in activities relating to the performance of the contract, including all places where notices to employees are customarily posted both physically and electronically, in the languages employees speak, in accordance with 29 CFR471.2 (d) and (f).

(1) Physical posting of the employee notice shall be in conspicuous places in and about the Contractor’s plants and offices so that the notice is prominent and readily seen by employees who are covered by the National Labor Relations Act and engage in activities related to the performance of the contract.

(2) If the Contractor customarily posts notices to employees electronically, then the Contractor shall also post the required notice electronically by displaying prominently, on any website that is maintained by the Contractor and is customarily used for notices to employees about terms and conditions of employment, a link to the Department of Labor’s website that contains the full text of the poster. The link to the Department’s website, as referenced in (b)(3) of this section, must read, "Important Notice about Employee Rights to Organize and Bargain Collectively with Their Employers."

(b) This required employee notice, printed by the Department of Labor, may be-

(1) Obtained from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N-5609, Washington, DC 20210, (202) 693-0123, or from any field office of the Office of Labor–Management Standards or Office of Federal Contract Compliance Programs;

(2) Provided by the Federal contracting agency if requested;

(3) Downloaded from the Office of Labor–Management Standards Web site at http://www.dol.gov/olms/regs/compliance/EO13496.htm; or

(4) Reproduced and used as exact duplicate copies of the Department of Labor’s official poster.

(c) The required text of the employee notice referred to in this clause is located at Appendix A, Subpart A, 29 CFR Part 471.

(d) The Contractor shall comply with all provisions of the employee notice and related rules, regulations, and orders of the Secretary of Labor.

(e) In the event that the Contractor does not comply with the requirements set forth in paragraphs (a) through (d) of this clause, this contract may be terminated or suspended in whole or in part, and the Contractor may be suspended or debarred in accordance with 29 CFR 471.14 and subpart 9.4. Such other sanctions or remedies may be imposed as are provided by 29 CFR part 471, which implements Executive Order 13496 or as otherwise provided by law.

(f) Subcontracts. (1) The Contractor shall include the substance of this clause, including this paragraph (f), in every subcontract that exceeds $10,000 and will be performed wholly or partially in the United States, unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to section 3 of Executive Order 13496 of January 30, 2009, so that such provisions will be binding upon each subcontractor.

(2) The Contractor shall not procure supplies or services in a way designed to avoid the applicability of Executive Order 13496 or this clause.

(3) The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means of enforcing such provisions, including the imposition of sanctions for noncompliance.

(4) However, if the Contractor becomes involved in litigation with a subcontractor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.

(End of clause) 52.252-2 Clauses Incorporated By Reference NOV 2020

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address (es):

www.acquisition.gov.

(End of clause)

52.252-6 Authorized Deviations in Clauses NOV 2020

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any DoD FAR Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

DEC 2019

(a) Definitions. As used in this clause— “Adequate security” means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information.

“Compromise” means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred.

“Contractor attributional/proprietary information” means information that identifies the contractor(s), whether directly or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description, facility locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company.

“Controlled technical information” means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. 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.

“Covered defense information” means unclassified controlled technical information or other information, as described in the Controlled Unclassified Information (CUI) Registry at http://www.archives.gov/cui/registry/category-list.html, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies, and is—

(1) Marked or otherwise identified in the contract, task order, or delivery order and provided to the contractor by or on behalf of DoD in support of the performance of the contract; or

(2) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract.

“Cyber incident” means actions taken through the use of computer networks that result in a compromise or an actual or potentially adverse effect on an information system and/or the information residing therein.

“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.

“Rapidly report” means within 72 hours of discovery of any cyber incident.

“Technical information” means technical data or computer software, as those terms are defined in the clause at DFARS 252.227-7013 , Rights in Technical Data— Noncommercial Items, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code.

(b) Adequate security. The Contractor shall provide adequate security on all covered contractor information systems. To provide adequate security, the Contractor shall implement, at a minimum, the following information security protections:

(1) For covered contractor information systems that are part of an Information Technology (IT) service or system operated on behalf of the Government, the following security requirements apply:

(i) Cloud computing services shall be subject to the security requirements specified in the clause 252.239-7010 , Cloud Computing Services, of this contract.

(ii) Any other such IT service or system (i.e., other than cloud computing) shall be subject to the security requirements specified elsewhere in this contract.

(2) For covered contractor information systems that are not part of an IT service or system operated on behalf of the Government and therefore are not subject to the security requirement specified at paragraph (b)(1) of this clause, the following security requirements apply:

(i) Except as provided in paragraph (b)(2)(ii) of this clause, the covered contractor information system shall be subject to the security requirements in National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, “Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations” (available via the internet at http://dx.doi.org/10.6028/NIST.SP.800-171) in effect at the time the solicitation is issued or as authorized by the Contracting Officer.

(ii)(A) The Contractor shall implement NIST SP 800-171, as soon as practical, but not later than December 31, 2017. For all contracts awarded prior to October 1, 2017, the Contractor shall notify the DoD Chief Information Officer (CIO), via email at osd.dibcsia@mail.mil, within 30 days of contract award, of any security requirements specified by NIST SP 800-171 not implemented at the time of contract award.

(B) The Contractor shall submit requests to vary from NIST SP 800-171 in writing to the Contracting Officer, for consideration by the DoD CIO. The Contractor need not implement any security requirement adjudicated by an authorized representative of the DoD CIO to be nonapplicable or to have an alternative, but equally effective, security measure that may be implemented in its place.

(C) If the DoD CIO has previously adjudicated the contractor’s requests indicating that a requirement is not applicable or that an alternative security measure is equally effective, a copy of that approval shall be provided to the Contracting Officer when requesting its recognition under this contract.

(D) If the Contractor intends to use an external cloud service provider to store, process, or transmit any covered defense information in performance of this contract, the Contractor shall require and ensure that the cloud service provider meets security requirements equivalent to those established by the Government for the Federal Risk and Authorization Management Program (FedRAMP) Moderate baseline (https://www.fedramp.gov/resources/documents/) and that the cloud service provider complies with requirements in paragraphs (c) through (g) of this clause for cyber incident reporting, malicious software, media preservation and protection, access to additional information and equipment necessary for forensic analysis, and cyber incident damage assessment.

(3) Apply other information systems security measures when the Contractor reasonably determines that information systems security measures, in addition to those identified in paragraphs (b)(1) and (2) of this clause, may be required to provide adequate security in a dynamic environment or to accommodate special circumstances (e.g., medical devices) and any individual, isolated, or temporary deficiencies based on an assessed risk or vulnerability. These measures may be addressed in a system security plan.

(c) Cyber incident reporting requirement.

(1) When the Contractor discovers a cyber incident that affects a covered contractor information system or the covered defense information residing therein, or that affects the contractor’s ability to perform the requirements of the contract that are designated as operationally critical support and identified in the contract, the Contractor shall—

(i) Conduct a review for evidence of compromise of covered defense information, including, but not limited to, identifying compromised computers, servers, specific data, and user accounts. This review shall also include analyzing covered contractor information system(s) that were part of the cyber incident, as well as other information systems on the Contractor’s network(s), that may have been accessed as a result of the incident in order to identify compromised covered defense information, or that affect the Contractor’s ability to provide operationally critical support; and

(ii) Rapidly report cyber incidents to DoD at https://dibnet.dod.mil.

(2) Cyber incident report. The cyber incident report shall be treated as information created by or for DoD and shall include, at a minimum, the required elements at https://dibnet.dod.mil.

(3) Medium assurance certificate requirement.In order to report cyber incidents in accordance with this clause, the Contractor or subcontractor shall have or acquire a DoD-approved medium assurance certificate to report cyber incidents.