Combined Synopsis Soliciation W91YTZ23R0050.pdf

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Blood and Blood Products
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W91YTZ23R0050
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This is a combined synopsis/solicitation for a supply contract to provide blood and blood products to Dwight D Eisenhower Army Medical Center Transfusion Services. Products required include leukoreduced packed red blood cells, Type A liquid plasma, fresh frozen plasma, cryoprecipitate, and apheresis platelets, with emergency orders to be filled within 24 hours of notification. Delivery is required every other week during normal business hours, with additional deliveries as needed. The period of performance is one base year and four option years from October 2023 through October 2028. Interested vendors must submit proposals by September 11, 2023. The solicitation is set aside for full and open competition with award by October 25, 2023.

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This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemental with additional information included in this notice. This announcement constitutes the only solicitation, proposals 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 2023-04, DPN 20230609, and Class Deviation 2022-O0008. Interested persons may identify their interest and capability to respond to the requirement and submit proposals.

Questions concerning this acquisition may be addressed to sherina.l.ross.civ@health.mil;

sebrena.l.hackleylane.civ@health.mil no later than September 09, 2023, 12:00 AM Eastern Standard Time. Only electronic questions will be accepted. Telephonic requests will not be honored.

The Medical Readiness Contracting Office-East, Eisenhower Health Contracting Branch intends to solicit, negotiate, and award a single Firm Fixed Price contract for blood and blood products to Dwight D Eisenhower Army Medical Center Transfusion Services

a. Clause 52.212-4 Contract Terms and Conditions-Commercial Items and Clause 52.212-5 Contract Terms and Conditions Required to Implement Statues or Executive Orders-Commercial Items (JAN 2022) (Deviation 2018-O0021) (DEC 2022), apply to this acquisition to include any applicable addenda.

Clauses and provisions throughout this solicitation can be viewed by accessing website www.acquisition.gov . All offerors are cautioned that if selected for award, they must be registered with System for Award Management (SAM) program. The SAM can be accessed via the internet at https://www.sam.gov/portal/public/SAM/. Confirmation of SAM registration will be validated prior to awarding a contract.

Offerors shall include a complete copy of FAR provision 52.212-3 Alt 1, Offeror Representations and Certifications with their offer. Vendors shall include a confirmation of receipt of any amendments to this solicitation. Failure to submit a confirmation could result in the offer being determined non-responsive. Offerors should include a Point of Contact Name, email address, and phone number. Proposals should be summited in accordance with FAR 52.212-1 and 52.212-2 of this combined synopsis/solicitation.

Solicitation: Solicitation Date: August 30, 2023 Description of Requirement:

Supply contract to provide blood and blood products to Dwight D Eisenhower Army Medical Center Transfusion Services.

Solicitation Number: W91YTZ-23-R-0050 Quote Due Date/Time: September 11, 2023, at 012:00 PM Eastern Standard Time Email address to submit Proposals:

sherina.l.ross.civ@health.mil sebrena.l.hackleylane.civ@heath.mil

Set Aside: None Place of Performance: Eisenhower Army Medical Center

Delivery Date: 25 October 2023 NAICS Code:

Size Standard:

NAICS: 621991

Size Standard 40,000,000 mailto:sebrena.l.hackleylane.civ@health.mil

PLEASE PROVIDE:

Company Name:

Address:

Phone Number:

Point of Contact:

E-mail:

Unique Entity ID Number:

Cage Code:

Signature Date

Section SF 1449 - CONTINUATION SHEET

AMOUNT

Leukoreduced Red Blood Cells

FFP

This is a supply contract to provide blood and blood products. Supplies shall be provided in accordance with the SOW. COR Justin Daniel, JUSTIN.H.DANIEL.CIV@HEALTH.MIL, 706-787-3050.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011944028

PSC CD: Q508

NET AMT

Apheresis Platelets

This is a supply contract to provide blood and blood products. Supplies shall be provided in accordance with the SOW. COR Justin Daniel, JUSTIN.H.DANIEL.CIV@HEALTH.MIL, 706-787-3050.

FOB: Destination

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE

0001 1,586 Each

0002 36 Each mailto:JUSTIN.H.DANIEL.CIV@HEALTH.MIL

Frozen Plasma

This is a supply contract to provide blood and blood products. Supplies shall be provided in accordance with the SOW. COR Justin Daniel, JUSTIN.H.DANIEL.CIV@HEALTH.MIL, 706-787-3050.

FOB: Destination

Liquid Plasma

This is a supply contract to provide blood and blood products. Supplies shall be provided in accordance with the SOW. COR Justin Daniel, JUSTIN.H.DANIEL.CIV@HEALTH.MIL, 706-787-3050.

FOB: Destination

0003 60 Each

0004 60 Each

Cyroprecipitate

This is a supply contract to provide blood and blood products. Supplies shall be provided in accordance with the SOW. COR Justin Daniel, JUSTIN.H.DANIEL.CIV@HEALTH.MIL, 706-787-3050.

FOB: Destination

STAT/Urgent Delivery Fee

This is a supply contract to provide blood and blood products. Supplies shall be provided in accordance with the SOW. COR Justin Daniel, JUSTIN.H.DANIEL.CIV@HEALTH.MIL, 706-787-3050.

FOB: Destination

0005 60 Each

0006 36 Each

OPTION Leukoreduced Red Blood Cells

This is a supply contract to provide blood and blood products. Supplies shall be provided in accordance with the SOW. COR Justin Daniel, JUSTIN.H.DANIEL.CIV@HEALTH.MIL, 706-787-3050.

FOB: Destination

OPTION Apheresis Platelets

This is a supply contract to provide blood and blood products. Supplies shall be provided in accordance with the SOW. COR Justin Daniel, JUSTIN.H.DANIEL.CIV@HEALTH.MIL, 706-787-3050.

FOB: Destination

1001 1,586 Each

1002 36 Each

OPTION Frozen Plasma

This is a supply contract to provide blood and blood products. Supplies shall be provided in accordance with the SOW. COR Justin Daniel, JUSTIN.H.DANIEL.CIV@HEALTH.MIL, 706-787-3050.

FOB: Destination

OPTION Liquid Plasma

This is a supply contract to provide blood and blood products. Supplies shall be provided in accordance with the SOW. COR Justin Daniel, JUSTIN.H.DANIEL.CIV@HEALTH.MIL, 706-787-3050.

FOB: Destination

1003 60 Each

1004 60 Each

OPTION Cryoprecipitate

This is a supply contract to provide blood and blood products. Supplies shall be provided in accordance with the SOW. COR Justin Daniel, JUSTIN.H.DANIEL.CIV@HEALTH.MIL, 706-787-3050.

FOB: Destination

OPTION STAT/Urgent Delivery Fee

This is a supply contract to provide blood and blood products. Supplies shall be provided in accordance with the SOW. COR Justin Daniel, JUSTIN.H.DANIEL.CIV@HEALTH.MIL, 706-787-3050.

FOB: Destination

1005 60 Each

1006 36 Each

This is a supply contract to provide blood and blood products. Supplies shall be provided in accordance with the SOW. COR Justin Daniel, JUSTIN.H.DANIEL.CIV@HEALTH.MIL, 706-787-3050.

FOB: Destination

This is a supply contract to provide blood and blood products. Supplies shall be provided in accordance with the SOW. COR Justin Daniel, JUSTIN.H.DANIEL.CIV@HEALTH.MIL, 706-787-3050.

FOB: Destination

2001 1,586 Each

2002 36 Each

This is a supply contract to provide blood and blood products. Supplies shall be provided in accordance with the SOW. COR Justin Daniel, JUSTIN.H.DANIEL.CIV@HEALTH.MIL, 706-787-3050.

FOB: Destination

This is a supply contract to provide blood and blood products. Supplies shall be provided in accordance with the SOW. COR Justin Daniel, JUSTIN.H.DANIEL.CIV@HEALTH.MIL, 706-787-3050.

FOB: Destination

2003 60 Each

2004 60 Each

OPTION Cyroprecipitate

This is a supply contract to provide blood and blood products. Supplies shall be provided in accordance with the SOW. COR Justin Daniel, JUSTIN.H.DANIEL.CIV@HEALTH.MIL, 706-787-3050.

FOB: Destination

This is a supply contract to provide blood and blood products. Supplies shall be provided in accordance with the SOW. COR Justin Daniel, JUSTIN.H.DANIEL.CIV@HEALTH.MIL, 706-787-3050.

FOB: Destination

2005 60 Each

2006 36 Each

This is a supply contract to provide blood and blood products. Supplies shall be provided in accordance with the SOW. COR Justin Daniel, JUSTIN.H.DANIEL.CIV@HEALTH.MIL, 706-787-3050.

FOB: Destination

This is a supply contract to provide blood and blood products. Supplies shall be provided in accordance with the SOW. COR Justin Daniel, JUSTIN.H.DANIEL.CIV@HEALTH.MIL, 706-787-3050.

FOB: Destination

3001 1,586 Each

3002 36 Each

This is a supply contract to provide blood and blood products. Supplies shall be provided in accordance with the SOW. COR Justin Daniel, JUSTIN.H.DANIEL.CIV@HEALTH.MIL, 706-787-3050.

FOB: Destination

This is a supply contract to provide blood and blood products. Supplies shall be provided in accordance with the SOW. COR Justin Daniel, JUSTIN.H.DANIEL.CIV@HEALTH.MIL, 706-787-3050.

FOB: Destination

3003 60 Each

3004 60 Each

This is a supply contract to provide blood and blood products. Supplies shall be provided in accordance with the SOW. COR Justin Daniel, JUSTIN.H.DANIEL.CIV@HEALTH.MIL, 706-787-3050.

FOB: Destination

This is a supply contract to provide blood and blood products. Supplies shall be provided in accordance with the SOW. COR Justin Daniel, JUSTIN.H.DANIEL.CIV@HEALTH.MIL, 706-787-3050.

FOB: Destination

3005 60 Each

3006 36 Each

This is a supply contract to provide blood and blood products. Supplies shall be provided in accordance with the SOW. COR Justin Daniel, JUSTIN.H.DANIEL.CIV@HEALTH.MIL, 706-787-3050.

FOB: Destination

This is a supply contract to provide blood and blood products. Supplies shall be provided in accordance with the SOW. COR Justin Daniel, JUSTIN.H.DANIEL.CIV@HEALTH.MIL, 706-787-3050.

FOB: Destination

4001 1,586 Each

4002 36 Each

This is a supply contract to provide blood and blood products. Supplies shall be provided in accordance with the SOW. COR Justin Daniel, JUSTIN.H.DANIEL.CIV@HEALTH.MIL, 706-787-3050.

FOB: Destination

This is a supply contract to provide blood and blood products. Supplies shall be provided in accordance with the SOW. COR Justin Daniel, JUSTIN.H.DANIEL.CIV@HEALTH.MIL, 706-787-3050.

FOB: Destination

4003 60 Each

4004 60 Each

This is a supply contract to provide blood and blood products. Supplies shall be provided in accordance with the SOW. COR Justin Daniel, JUSTIN.H.DANIEL.CIV@HEALTH.MIL, 706-787-3050.

FOB: Destination

This is a supply contract to provide blood and blood products. Supplies shall be provided in accordance with the SOW. COR Justin Daniel, JUSTIN.H.DANIEL.CIV@HEALTH.MIL, 706-787-3050.

FOB: Destination

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 0002 Destination Government Destination Government 0003 Destination Government Destination Government

4005 60 Each

4006 36 Each

0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 1004 Destination Government Destination Government 1005 Destination Government Destination Government 1006 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 2004 Destination Government Destination Government 2005 Destination Government Destination Government 2006 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government 3004 Destination Government Destination Government 3005 Destination Government Destination Government 3006 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government 4003 Destination Government Destination Government 4004 Destination Government Destination Government 4005 Destination Government Destination Government 4006 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 23-OCT-2023 1,586 DDEAMC

EISENHOWER ARMY MEDICAL CENTER

300 E. HOSPITAL RD

FORT GORDON, GA GA 30905

FOB: Destination

HT0863

0002 23-OCT-2023 36 (SAME AS PREVIOUS LOCATION)

FOB: Destination

HT0863

0003 23-OCT-2023 60 (SAME AS PREVIOUS LOCATION)

FOB: Destination

HT0863

0004 23-OCT-2023 60 (SAME AS PREVIOUS LOCATION)

FOB: Destination

HT0863

0005 23-OCT-2023 60 (SAME AS PREVIOUS LOCATION)

HT0863

0006 23-OCT-2023 36 (SAME AS PREVIOUS LOCATION)

HT0863

1001 23-OCT-2023 1,586 (SAME AS PREVIOUS LOCATION)

FOB: Destination

HT0863

1002 23-OCT-2023 36 (SAME AS PREVIOUS LOCATION)

FOB: Destination

HT0863

1003 23-OCT-2023 60 (SAME AS PREVIOUS LOCATION)

FOB: Destination

HT0863

1004 23-OCT-2023 60 (SAME AS PREVIOUS LOCATION)

FOB: Destination

HT0863

1005 23-OCT-2023 60 (SAME AS PREVIOUS LOCATION)

FOB: Destination

HT0863

1006 23-OCT-2023 36 (SAME AS PREVIOUS LOCATION)

FOB: Destination

HT0863

2001 23-OCT-2023 1,586 (SAME AS PREVIOUS LOCATION)

FOB: Destination

HT0863

2002 23-OCT-2023 36 (SAME AS PREVIOUS LOCATION)

FOB: Destination

HT0863

2003 23-OCT-2023 60 (SAME AS PREVIOUS LOCATION)

FOB: Destination

HT0863

2004 23-OCT-2023 60 (SAME AS PREVIOUS LOCATION)

FOB: Destination

HT0863

2005 23-OCT-2023 60 (SAME AS PREVIOUS LOCATION)

FOB: Destination

HT0863

2006 23-OCT-2023 36 (SAME AS PREVIOUS LOCATION)

FOB: Destination

HT0863

3001 23-OCT-2023 1,586 (SAME AS PREVIOUS LOCATION)

FOB: Destination

HT0863

3002 23-OCT-2023 36 (SAME AS PREVIOUS LOCATION)

FOB: Destination

HT0863

3003 23-OCT-2023 60 (SAME AS PREVIOUS LOCATION)

FOB: Destination

HT0863

3004 23-OCT-2023 60 (SAME AS PREVIOUS LOCATION)

FOB: Destination

HT0863

3005 23-OCT-2023 60 (SAME AS PREVIOUS LOCATION)

FOB: Destination

HT0863

3006 23-OCT-2023 36 (SAME AS PREVIOUS LOCATION)

4001 23-OCT-2023 1,586 (SAME AS PREVIOUS LOCATION)

HT0863

4002 23-OCT-2023 36 (SAME AS PREVIOUS LOCATION)

FOB: Destination

HT0863

4003 23-OCT-2023 60 (SAME AS PREVIOUS LOCATION)

FOB: Destination

HT0863

4004 23-OCT-2023 60 (SAME AS PREVIOUS LOCATION)

FOB: Destination

HT0863

4005 23-OCT-2023 60 (SAME AS PREVIOUS LOCATION)

FOB: Destination

HT0863

4006 23-OCT-2023 36 (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

DEC 2022

ADDENDUM TO 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.

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 52.204-10 Reporting Executive Compensation and First-Tier JUN 2020

Subcontract Awards 52.204-13 System for Award Management Maintenance OCT 2018 52.204-14 Service Contract Reporting Requirements OCT 2016 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-23 Prohibition on Contracting for Hardware, Software, and NOV 2021

Services Developed or Provided by Kaspersky Lab and Other Covered Entities 52.204-24 Representation Regarding Certain Telecommunications and NOV 2021

Video Surveillance Services or Equipment

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 52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-9 Updates of Publicly Available Information Regarding OCT 2018

Responsibility Matters 52.219-8 Utilization of Small Business Concerns OCT 2022 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies DEC 2022 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-37 Employment Reports on Veterans JUN 2020 52.222-50 Combating Trafficking in Persons NOV 2021 52.222-54 Employment Eligibility Verification MAY 2022 52.223-2 Affirmative Procurement of Biobased Products Under Service SEP 2013 and Construction Contracts 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-18 Encouraging Contractor Policies To Ban Text Messaging JUN 2020

While Driving 52.232-18 Availability Of Funds APR 1984 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 52.232-17 Interest MAY 2014 52.242-13 Bankruptcy JUL 1995 52.246-16 Responsibility For Supplies APR 1984 52.247-34 F.O.B. Destination NOV 1991 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 252.203-7005 Representation Relating to Compensation of Former DoD SEP 2022

Officials 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.204-7015 Notice of Authorized Disclosure of Information for Litigation JAN 2023

Support 252.204-7018 Prohibition on the Acquisition of Covered Defense JAN 2023

Telecommunications Equipment or Services 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7020 NIST SP 800-171 DoD Assessment Requirements JAN 2023 252.205-7000 Provision Of Information To Cooperative Agreement Holders JUN 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 252.211-7003 Item Unique Identification and Valuation JAN 2023

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7021 Trade Agreements--Basic JAN 2023 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 252.244-7000 Subcontracts for Commercial Products or Commercial JAN 2023

Services 252.246-7003 Notification of Potential Safety Issues JAN 2023

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)

52.217-9 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 before contract expires; 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 (MAR 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.

(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 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 124.1002.

(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) 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.

http://www.sba.gov/document/support--table-size-standards

(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.

http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html

(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--

(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.

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020)

"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.

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.

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT

(DEC 2010)

(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 CFR 471.2(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 Web site 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 Web site that contains the full text of the poster. The link to the Department's Web site, 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.

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):

www.acquisition.gov

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.

http://www.dol.gov/olms/regs/compliance/EO13496.htm%3B http://www.dol.gov/olms/regs/compliance/EO13496.htm%3B http://www.acquisition.gov/

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-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.

http://www.archives.gov/cui/registry/category-

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…

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