B.08 Combined Synopsis 1 24R0014 792024.pdf
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- Attached to
- Cadaver Training Federal contract opportunity
- Solicitation number
- W91YTZ24R0014
- Issued by
- Department of the Army Medical Command
About this file
This document is a Combined Solicitation/Synopsis for a five-year contract to provide cadaver training support services for the Department of the Army Medical Command. The contractor shall supply human cadaver specimens, transportation, storage, perfusion equipment, and other associated logistics to support two annual Combat Trauma Management training exercises held at Martin Army Community Hospital in Fort Moore, Georgia. The base period runs from December 1, 2024 to November 30, 2025, with four one-year option periods. The solicitation is a 100% Small Business set-aside under NAICS code 611430, with a size standard of $12M. Responses are due by August 9, 2024. The government will inspect and accept the supplies and services at the destination.
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W91YTZ24R0014
Document Type: Combined Solicitation/Synopsis
Date: July 9, 2024
Subject: Cadaver Training
Solicitation Number: W91YTZ24R0014
Response Date: August 9, 2024
Point of Contact: johnnie.huffin.civ@health.mil
Set Aside: 100% Small Business
Place of Performance: Martin Army Community Hospital, Fort Moore, GA.
Period of Performance: 5 Year Ordering Period from date of award
NAICS Code: 611430
Size Standard: $12M
Contracting Office Address
Department of the Army
US Army Medical Command
Army Health Contracting Activity
Medical Readiness Contracting Office-East
Eisenhower Health Contracting Branch
43 Central Hospital Court, Bldg. 332
Fort Eisenhower, GA., This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in
Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a separate written solicitation will not be issued. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition
Circular (FAC) 2024-03 (February 23, 2024). The Eisenhower Health Contracting Branch, intends to solicit, negotiate, and award a Full and Open Competition contract for Cadaver Training in support of the Defense
Health Agency (DHA), Medical Readiness Contracting, East (MRCO-E) and US Army Medical Command
(MEDCOM).
Five Year Ordering Period: The ordering period will be from December 1, 2024, through November 30, 2029.
Clauses and provisions throughout this solicitation can be viewed by accessing website https://www.acquisition.gov . FAR provision 52.212-1 [Instructions to Offerors Commercial] applies to this acquisition to include the following addenda: All offerors are cautioned that if selected for award, they must be registered in the System for Award Management (SAM). The SAM can be accessed via the internet at www.sam.gov or https://procurement.army.mil/bot. Confirmation of SAM registration will be validated prior to awarding a contract. The provision at FAR 52.212-2, Evaluation – Commercial Items and any addendums to this provision apply to this acquisition. The clause at FAR 52.212-5, Contract Terms and Conditions to Implement
Statutes or Executive Orders – Commercial Items applies to this acquisition.
Section SF 1449 - CONTINUATION SHEET
AMOUNT
Cadaver Lab/Non-Perfused
FFP
Base Year Cadaver Lab/Non-Perfused. The contractor shall provide six human cadaver specimens to support each of the two annual Training Exercise (3 cadavers each training exercise, 2 exercises a year). The government has the authority, upon
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE
0001 6 Each https://www.acquisition.gov/ http://www.sam.gov/ request, to verify donor/next of kin authorization for use of MACH supported specimens by viewing vendor records upon request. Must comply with paragraph
6 of MRDC Memo. Period of Performance: 1 December 2024-30 November 2025
FOB: Destination
PURCHASE REQUEST NUMBER: 0012015080
PSC CD: U009
NET AMT
Cadaver Lab/Perfused
FFP
Base Year Cadaver Lab/Perfused. The contractor shall provide four human cadaver specimens to support each of the two annual Training Exercises (2 cadavers each training exercise, 2 exercises a year). The government has the authority, upon request, to verify donor/next of kin authorization for use of MACH supported specimens by viewing vendor records upon request. Must comply with paragraph
6 of MRDC Memo. Period of Performance: 1 December 2024-30 November 2025
FOB: Destination
0002 4 Each
Cadaver Shipping-Delivery-
Disposit FFP
Base Year Cadaver Shipping-Delivery-Disposit. Shipping of a total of 10
Cadavers per year. Period of Performance: 1 December 2024-30 November
FOB: Destination
Cadaver Staff-Lodging
FFP
Cost Reimbursement: Base Year Cadaver Staff-Lodging. Lodging and travel for instructors will be in accordance with the Joint Travel Regulations. Period of
Performance: 1 December 2024-30 November 2025
FOB: Destination
PURCHASE REQUEST NUMBER: 0012015080
PSC CD: U009
ESTIMATED COST
0003 10 Each
0004 10 Each
OPTION Cadaver Lab/Non-Perfused
FFP
Option Year 1 Cadaver Lab/Non-Perfused. The contractor shall provide six human cadaver specimens to support each of the two annual Training Exercise (3 cadavers each training exercise, 2 exercises a year). The government has the authority, upon request, to verify donor/next of kin authorization for use of MACH supported specimens by viewing vendor records upon request. Must comply with paragraph
6 of MRDC Memo. Period of Performance: 1 December 2025-30 November 2026
FOB: Destination
OPTION Cadaver Lab/Perfused
FFP
Option Year 1 Cadaver Lab/Perfused. The contractor shall provide four human cadaver specimens to support each of the two annual Training Exercises (2 cadavers each training exercise, 2 exercises a year). The government has the authority, upon request, to verify donor/next of kin authorization for use of MACH supported specimens by viewing vendor records upon request. Must comply with paragraph 6 of MRDC Memo. Period of Performance: 1 December 2025-30
November 2026 FOB: Destination
1001 6 Each
1002 4 Each
OPTION Cadaver Shipping-Delivery-
Disposit FFP
Option Year 1 Cadaver Shipping-Delivery-Disposit. Shipping of a total of 10
Cadavers per year. Period of Performance: 1 December 2025-30 November 2026
FOB: Destination
OPTION Cadaver Staff-Lodging
FFP
Cost Reimbursement: Option Year 1 Cadaver Staff-Lodging. Lodging and travel for instructors will be in accordance with the Joint Travel Regulations. Period of
Performance: 1 December 2025-30 November 2026 FOB: Destination
1003 10 Each
1004 10 Each
FFP
Option Year 2 Cadaver Lab/Non-Perfused. The contractor shall provide six human cadaver specimens to support each of the two annual Training Exercise (3 cadavers each training exercise, 2 exercises a year). The government has the authority, upon request, to verify donor/next of kin authorization for use of MACH supported specimens by viewing vendor records upon request. Must comply with paragraph
6 of MRDC Memo. Period of Performance: 1 December 2026-30 November 2027
FOB: Destination
FFP
Option Year 2 Cadaver Lab/Perfused. The contractor shall provide four human cadaver specimens to support each of the two annual Training Exercises (2 cadavers each training exercise, 2 exercises a year). The government has the authority, upon request, to verify donor/next of kin authorization for use of MACH supported specimens by viewing vendor records upon request. Must comply with paragraph 6 of MRDC Memo. Period of Performance: 1 December 2026-30
November 2027
FOB: Destination
2001 6 Each
2002 4 Each
Disposit FFP
Option Year 2 Cadaver Shipping-Delivery-Disposit. Shipping of a total of 10
Cadavers per year. Period of Performance: 1 December 2026-30 November 2027
FOB: Destination
FFP
Cost Reimbursement: Option Year 2 Cadaver Staff-Lodging. Lodging and travel for instructors will be in accordance with the Joint Travel Regulations. Period of
Performance: 1 December 2026-30 November 2027
FOB: Destination
2003 10 Each
2004 10 Each
FFP
Option Year 3 Cadaver Lab/Non-Perfused. The contractor shall provide six human cadaver specimens to support each of the two annual Training Exercise (3 cadavers each training exercise, 2 exercises a year). The government has the authority, upon request, to verify donor/next of kin authorization for use of MACH supported specimens by viewing vendor records upon request. Must comply with paragraph
6 of MRDC Memo. Period of Performance: 1 December 2027-30 November 2028
FOB: Destination
FFP
Option Year 3 Cadaver Lab/Perfused. The contractor shall provide four human cadaver specimens to support each of the two annual Training Exercises (2 cadavers each training exercise, 2 exercises a year). The government has the authority, upon request, to verify donor/next of kin authorization for use of MACH supported specimens by viewing vendor records upon request. Must comply with paragraph 6 of MRDC Memo. Period of Performance: 1 December 2027-30
November 2028
FOB: Destination
3001 6 Each
3002 4 Each
Disposit FFP
Option Year 3 Cadaver Shipping-Delivery-Disposit. Shipping of a total of 10
Cadavers per year. Period of Performance: 1 December 2027-30 November 2028
FOB: Destination
FFP
Cost Reimbursement: Option Year 3 Cadaver Staff-Lodging. Lodging and travel for instructors will be in accordance with the Joint Travel Regulations. Period of
Performance: 1 December 2027-30 November 2028 FOB: Destination
3003 10 Each
3004 10 Each
FFP
Option Year 4 Cadaver Lab/Non-Perfused. The contractor shall provide six human cadaver specimens to support each of the two annual Training Exercise (3 cadavers each training exercise, 2 exercises a year). The government has the authority, upon request, to verify donor/next of kin authorization for use of MACH supported specimens by viewing vendor records upon request. Must comply with paragraph
6 of MRDC Memo. Period of Performance: 1 December 2028-30 November 2029
FOB: Destination
FFP
Option Year 4 Cadaver Lab/Perfused. The contractor shall provide four human cadaver specimens to support each of the two annual Training Exercises (2 cadavers each training exercise, 2 exercises a year). The government has the authority, upon request, to verify donor/next of kin authorization for use of MACH supported specimens by viewing vendor records upon request. Must comply with paragraph 6 of MRDC Memo. Period of Performance: 1 December 2028-30
November 2029 FOB: Destination
4001 6 Each
4002 4 Each
Disposit FFP
Option Year 4 Cadaver Shipping-Delivery-Disposit. Shipping of a total of 10
Cadavers per year. Period of Performance: 1 December 2028-30 November 2029
FOB: Destination
FFP
Cost Reimbursement: Option Year 4 Cadaver Staff-Lodging. Lodging and travel for instructors will be in accordance with the Joint Travel Regulations. Period of
Performance: 1 December 2028-30 November 2029 FOB: Destination
PURCHASE REQUEST NUMBER: 0012015080
ESTIMATED COST
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government
4003 10 Each
4004 10 Each
0002 Destination Government Destination Government
0003 Destination Government Destination Government
0004 Destination Government Destination Government
1001 Destination Government Destination Government
1002 Destination Government Destination Government
1003 Destination Government Destination Government
1004 Destination Government Destination Government
2001 Destination Government Destination Government
2002 Destination Government Destination Government
2003 Destination Government Destination Government
2004 Destination Government Destination Government
3001 Destination Government Destination Government
3002 Destination Government Destination Government
3003 Destination Government Destination Government
3004 Destination Government Destination Government
4001 Destination Government Destination Government
4002 Destination Government Destination Government
4003 Destination Government Destination Government 4004 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 01-DEC-2024 TO
30-NOV-2025
N/A MARTIN ARMY COMMUNITY HOSPITAL
MARTIN ARMY COMMUNITY HOSPITAL
6600 VAN AALST BLVD
FORT MOORE GA 31905
FOB: Destination
HT0806
0002 POP 01-DEC-2024 TO
30-NOV-2025
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0806
0003 POP 01-DEC-2024 TO
30-NOV-2025
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0806
0004 POP 01-DEC-2024 TO
30-NOV-2025
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0806
1001 POP 01-DEC-2025 TO
30-NOV-2026
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0806
1002 POP 01-DEC-2025 TO
30-NOV-2026
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0806
1003 POP 01-DEC-2025 TO
30-NOV-2026
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0806
1004 POP 01-DEC-2025 TO
30-NOV-2026
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0806
2001 POP 01-DEC-2026 TO
30-NOV-2027
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0806
2002 POP 01-DEC-2026 TO
30-NOV-2027
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0806
2003 POP 01-DEC-2026 TO
30-NOV-2027
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0806
2004 POP 01-MAY-2026 TO
30-APR-2027
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0806
3001 POP 01-DEC-2027 TO
30-NOV-2028
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0806
3002 POP 01-DEC-2027 TO
30-NOV-2028
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0806
3003 POP 01-DEC-2027 TO
30-NOV-2028
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0806
3004 POP 01-DEC-2027 TO
30-NOV-2028
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0806
4001 POP 01-DEC-2028 TO
30-NOV-2029
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0806
4002 POP 01-DEC-2028 TO
30-NOV-2029
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0806
4003 POP 01-DEC-2028 TO
30-NOV-2029
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0806
4004 POP 01-DEC-2028 TO
30-NOV-2029
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0806
CLAUSES INCORPORATED BY REFERENCE
52.212-4 Contract Terms and Conditions--Commercial Products and
Commercial Services
NOV 2023
ADDENDUM 52.212-4
(w) The non-FAR Part 12 discretionary FAR and DFARS clauses included herein are incorporated into this contract either by reference or in full text. If incorporated by reference, see clause 52.252-2 herein for locations where full text can be found.
(End of Addendum 52.212-4)
CLAUSES INCORPORATED BY REFERENCE
52.202-1 Definitions JUN 2020
52.203-3 Gratuities APR 1984
52.203-6 Alt I Restrictions On Subcontractor Sales To The Government NOV 2021
(JUN 2020) -- Alternate I 52.203-12 Limitation On Payments To Influence Certain Federal JUN 2020
Transactions 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber MAY 2011
Content Paper 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011
52.204-10 Reporting Executive Compensation and First-Tier JUN 2020
Subcontract Awards 52.204-13 System for Award Management Maintenance OCT 2018
52.204-18 Commercial and Government Entity Code Maintenance AUG 2020
52.204-23 Prohibition on Contracting for Hardware, Software, and DEC 2023
Services Developed or Provided by Kaspersky Lab Covered
Entities 52.204-25 Prohibition on Contracting for Certain Telecommunications NOV 2021 and Video Surveillance Services or Equipment 52.204-27 Prohibition on a ByteDance Covered Application JUN 2023
52.209-6 Protecting the Government's Interest When Subcontracting NOV 2021
With Contractors Debarred, Suspended, or Proposed for
Debarment 52.209-9 Updates of Publicly Available Information Regarding OCT 2018
Responsibility Matters 52.219-6 Notice Of Total Small Business Set-Aside NOV 2020
52.219-8 Utilization of Small Business Concerns FEB 2024
52.219-14 Limitations On Subcontracting OCT 2022
52.222-3 Convict Labor JUN 2003
52.222-21 Prohibition Of Segregated Facilities APR 2015
52.222-37 Employment Reports on Veterans JUN 2020
52.222-41 Service Contract Labor Standards AUG 2018
52.222-43 Fair Labor Standards Act And Service Contract Labor AUG 2018
Standards - Price Adjustment (Multiple Year And Option
Contracts) 52.222-50 Combating Trafficking in Persons NOV 2021
52.222-54 Employment Eligibility Verification MAY 2022
52.223-3 Hazardous Material Identification And Material Safety Data FEB 2021
52.223-5 Pollution Prevention and Right-to-Know Information MAY 2024 52.226-7 Drug-Free Workplace MAY 2024
52.223-10 Waste Reduction Program MAY 2024
52.226-8 Encouraging Contractor Policies To Ban Text Messaging MAY 2024
While Driving 52.225-13 Restrictions on Certain Foreign Purchases FEB 2021
52.232-33 Payment by Electronic Funds Transfer--System for Award OCT 2018
Management 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013
52.232-40 Providing Accelerated Payments to Small Business MAR 2023
Subcontractors 52.233-3 Protest After Award AUG 1996
52.233-4 Applicable Law for Breach of Contract Claim OCT 2004
52.237-2 Protection Of Government Buildings, Equipment, And APR 1984
Vegetation 52.237-3 Continuity Of Services JAN 1991
52.242-5 Payments to Small Business Subcontractors JAN 2017
52.242-13 Bankruptcy JUL 1995
52.242-15 Stop-Work Order AUG 1989
52.246-4 Inspection Of Services--Fixed Price AUG 1996
252.201-7000 Contracting Officer's Representative DEC 1991
252.203-7000 Requirements Relating to Compensation of Former DoD SEP 2011
Officials 252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022
252.204-7003 Control Of Government Personnel Work Product APR 1992
252.204-7018 Prohibition on the Acquisition of Covered Defense JAN 2023
Telecommunications Equipment or Services 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023
252.209-7004 Subcontracting With Firms That Are Owned or Controlled By MAY 2019
The Government of a Country that is a State Sponsor of
Terrorism 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or SEP 2014
Hazardous Materials 252.225-7012 Preference For Certain Domestic Commodities APR 2022
252.225-7048 Export-Controlled Items JUN 2013
252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic JAN 2023
Enterprises, and Native Hawaiian Small Business Concerns 252.232-7003 Electronic Submission of Payment Requests and Receiving DEC 2018
Reports 252.232-7010 Levies on Contract Payments DEC 2006
252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2022
CLAUSES INCORPORATED BY FULL TEXT
52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. (NOV 2015)
(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 subsidiary 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)
52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the
Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the
Contractor within 30 days before contract expires.
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days which the Contracting Officer may exercise the option; 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.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.
52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (SEP 2023)
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--
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph
(d) of this clause.
(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties’ control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13
CFR 121.103.
(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.
http://www.sba.gov/document/support--table-size-standards
(e) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition--
(1) Was set aside for small business and has a value above the simplified acquisition threshold;
(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or
(3) Was an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(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 611430 assigned to contract number .
(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 124.1001.
(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) joint venture eligible under the WOSB Program. The Contractor represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: .]
(5) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The Contractor represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: .]
(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.]
52.222-26 EQUAL OPPORTUNITY (SEPT 2016)
Compensation means any payments made to, or on behalf of, an employee or offered to an applicant as remuneration for employment, including but not limited to salary, wages, overtime pay, shift differentials, bonuses, commissions, vacation and holiday pay, allowances, insurance and other benefits, stock options and awards, profit sharing, and retirement.
Compensation information means the amount and type of compensation provided to employees or offered to applicants, including, but not limited to, the desire of the Contractor to attract and retain a particular employee for the value the employee is perceived to add to the Contractor's profit or productivity; the availability of employees with like skills in the marketplace; market research about the worth of similar jobs in the relevant marketplace; job analysis, descriptions, and evaluations; salary and pay structures; salary surveys; labor union agreements; and
Contractor decisions, statements and policies related to setting or altering employee compensation.
Essential job functions means the fundamental job duties of the employment position an individual holds. A job function may be considered essential if--
(1) The access to compensation information is necessary in order to perform that function or another routinely assigned business task; or
(2) The function or duties of the position include protecting and maintaining the privacy of employee personnel records, including compensation information.
Gender identity has the meaning given by the Department of Labor's Office of Federal Contract Compliance
Programs and is found at www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.
Sexual orientation has the meaning given by the Department of Labor's Office of Federal Contract Compliance
Programs and is found at www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.
United States means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American
Samoa, Guam, the U.S. Virgin Islands, and Wake Island.
(b)(1) If, during any 12-month period (including the 12 months preceding the award of this contract), the Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate value in excess of
$10,000, the Contractor shall comply with this clause, except for work performed outside the United States by employees who were not recruited within the United States. Upon request, the Contractor shall provide information necessary to determine the applicability of this clause.
(2) If the Contractor is a religious corporation, association, educational institution, or society, the requirements of this clause do not apply with respect to the employment of individuals of a particular religion to perform work connected with the carrying on of the Contractor's activities (41 CFR 60-1.5).
(c) (1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. However, it shall not be a violation of this clause for the Contractor to extend a publicly announced preference in employment to Indians living on or near an
Indian reservation, in connection with employment opportunities on or near an Indian reservation, as permitted by
41 CFR 60-1.5.
(2) The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This shall include, but not be limited to, (i) employment, (ii) upgrading, (iii) demotion, (iv) transfer,
(v) recruitment or recruitment advertising, (vi) layoff or termination, (vii) rates of pay or other forms of compensation, and (viii) selection for training, including apprenticeship.
(3) The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause.
(4) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the
Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(5)(i) The Contractor shall not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This prohibition against discrimination does not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information.
(ii) The Contractor shall disseminate the prohibition on discrimination in paragraph (c)(5)(i) of this clause, using language prescribed by the Director of the Office of Federal Contract Compliance Programs (OFCCP), to employees and applicants by--http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html
(A) Incorporation into existing employee manuals or handbooks; and
(B) Electronic posting or by posting a copy of the provision in conspicuous places available to employees and applicants for employment.
(6) The Contractor shall send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer advising the labor union or workers' representative of the Contractor's commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment.
(7) The Contractor shall comply with Executive Order 11246, as amended, and the rules, regulations, and orders of the Secretary of Labor.
(8) The Contractor shall furnish to the contracting agency all information required by Executive Order 11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor. The Contractor shall also file Standard
Form 100 (EEO-1), or any successor form, as prescribed in 41 CFR part 60-1. Unless the Contractor has filed within the 12 months preceding the date of contract award, the Contractor shall, within 30 days after contract award, apply to either the regional Office of Federal Contract Compliance Programs (OFCCP) or the local office of the Equal
Employment Opportunity Commission for the necessary forms.
(9) The Contractor shall permit access to its premises, during normal business hours, by the contracting agency or the OFCCP for the purpose of conducting on-site compliance evaluations and complaint investigations. The
Contractor shall permit the Government to inspect and copy any books, accounts, records (including computerized records), and other material that may be relevant to the matter under investigation and pertinent to compliance with
Executive Order 11246, as amended, and rules and regulations that implement the Executive Order.
(10) If the OFCCP determines that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part and the
Contractor may be declared ineligible for further Government contracts, under the procedures authorized in
Executive Order 11246, as amended. In addition, sanctions may be imposed, and remedies invoked against the
Contractor as provided in Executive Order 11246, as amended; in the rules, regulations, and orders of the Secretary of Labor; or as otherwise provided by law.
(11) The Contractor shall include the terms and conditions of this clause in every subcontract or purchase order that is not exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order 11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor.
(12) The Contractor shall take such action with respect to any subcontract or purchase order as the Director of
OFCCP may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance;
provided, that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of any direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.
(d) Notwithstanding any other clause in this contract, disputes relative to this clause will be governed by the procedures in 41 CFR part 60-1.
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.
52.232-18 AVAILABILITY OF FUNDS (APR 1984)
Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting
Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.
52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)
Funds are not presently available for performance under this contract beyond April 2025. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond April 2025, until funds are made available to the
Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
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):
https://www.acquisition.gov
52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)
(1) 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.
(2) 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.
252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (JAN
2023)
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-http://www.acquisition.gov/ 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--
(a) 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
(b) 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--Other Than Commercial Products and Commercial Services, 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:
(i) 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:
• Cloud computing services shall be subject to the security requirements specified in the clause 252.239-7010, Cloud Computing Services, of this contract.
• 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.
(ii) 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:
• 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.
(a) 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.
(b) 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.
(c) 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.
(iii) 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.
(i) 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--
• 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 http://dx.doi.org/10.6028/NIST.SP.800-171) mailto:osd.dibcsia@mail.mil http://www.fedramp.gov/resources/documents/) 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
• Rapidly report cyber incidents to DoD at…
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