Combined Synopsis_Solicitation W81K00-23-Q-0086.pdf
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- Solicitation number
- W81K00-23-Q-0086
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Department of the Army Medical Command
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W81K0023Q0086
COMBINED SYNOPSIS/SOLICITATION
W81K00-23-Q-0086
This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in FAR
Subpart 12.6 and using the procedures of FAR Part 13--Simplified Acquisition Procedures, as supplemented with additional information included in this notice. The solicitation number is W81K00-23- Q-0086 and it is issued as a
Request for Quote (RFQ). This announcement constitutes the only RFQ that will be posted. A separate written solicitation document will not be issued. This document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-03 and the Defense Federal Acquisition Regulation Supplement
Publication Notice (DPN) 20230427.
This solicitation is to obtain on-site calibration of Pipettes, Thermometers, Weights, and Balances that is certified under ISO 17025 for DOD Food Analysis and Diagnostic Laboratory, Fort Sam Houston, TX.
The North American Industrial Classification System (NAICS) code for this procurement is 811210, Electronic and
Precision Equipment Repair and Maintenance, with a size standard of $34,000,000.00. This acquisition is 100% small business set-aside.
Solicitation incorporates by reference FAR 52.212-1, 52.212-2, 52.212-3, 52.212-4 & 52.212-5 are attached.
Addenda are attached.
The Point of Contact (POC) for this RFQ is Mr. Gerry Coleman. Offers and Questions shall be submitted to the
POCs via e-mail at gerry.d.coleman.civ@health.mil .
Quoters shall reference the following FAR Provisions and their Addendums to prepare and submit their offer:
(a) FAR Provision 52.212-1-Instructions to Offerors—Commercial Items and its Addendum; and,
(b) FAR Provision 52.212-2 Evaluation—Commercial Items and its Addendum.
Offers are due on or before 22 May 2023 at 10:00 AM Central Time. Offers received after this date and time will be considered untimely and not eligible for award.
Questions shall be submitted via email not later than 17 May 2023, 1:00 PM Central Time. Government reserves the right not to answer questions received after this date/time.
Offerors shall complete the below with offer:
OFFEROR: (Business Name):
CAGE Code: DUNS:
ORDERING POC (Print) Name Date:
Signature mailto:gerry.d.coleman.civ@health.mil
AMOUNT
SINGLE CHANNEL VARIABLE>20Ul
FFP
On-Site Calibration; SINGLE CHANNEL VARIABLE>20Ul, in accordance with
PWS. POP 10/01/2023 to 09/30/2024.
FOB: Destination
VENDOR PART NR: Single Channel Variable>20UI
PURCHASE REQUEST NUMBER: 0011944617
PSC CD: J065
SINGLE CHANNEL VARIABLE>20Ul
On-Site Calibration: SINGLE CHANNEL VARIABLE>20Ul, in accordance with
PWS. POP 10/01/2023 to 09/30/2024.
FOB: Destination
VENDOR PART NR: SINGLE CHANNEL VARIABLE>20Ul
PURCHASE REQUEST NUMBER: 0011944617
PSC CD: J065
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE
0001 116 Each
0002 32 Each
8 CHANNEL VARIABLE>20uL
On-Site Calibration: 8 CHANNEL VARIABLE>20uL, in accordance with PWS.
POP 10/01/2023 to 09/30/2024.
FOB: Destination
VENDOR PART NR: 8 CHANNEL VARIABLE>20uL
12 CHANNEL VARIABLE>20uL
On-Site Calibration: 12 CHANNEL VARIABLE>20uL, in accordance with PWS.
POP 10/01/2023 to 09/30/2024.
FOB: Destination
VENDOR PART NR: 12 CHANNEL VARIABLE>20uL
PURCHASE REQUEST NUMBER: 0011944617
PSC CD: J065
0003 8 Each
0004 38 Each
12 CHANNEL VARIABLE<20uL
On-Site Calibration: 12 CHANNEL VARIABLE<20uL, in accordance with PWS.
POP 10/01/2023 to 09/30/2024.
FOB: Destination
VENDOR PART NR: 12 CHANNEL VARIABLE<20uL
REPAIR-DIAGNOSTIC COST/PIPETTE
On-Site: REPAIR-DIAGNOSTIC COST/PIPETTE in accordance with PWS. POP
10/01/2023 to 09/30/2024.
FOB: Destination
VENDOR PART NR: REPAIR-DIAGNOSTIC
PURCHASE REQUEST NUMBER: 0011944617
PSC CD: J065
0005 4 Each
0006 12 Each
CLASS 1 WEIGHT1,2,2,5,10,20,20,50,100,20
On-Site Calibration: CLASS 1 WEIGHT1,2,2,5,10,20,20,50,100,20 in accordance with PWS. POP 10/01/2023 to 09/30/2024.
FOB: Destination
VENDOR PART NR: CLASS 1 WEIGHT
CLASS 1 WEIGHTS 1,2,2,5,10,20,20,50,100
On-Site Calibration: CLASS 1 WEIGHTS 1,2,2,5,10,20,20,50,100, in accordance with PWS. POP 10/01/2023 to 09/30/2024.
FOB: Destination
VENDOR PART NR: CLASS 1 WEIGHTS
CLASS 1 WEIGHTS 100,200,300,500,1000
On-Site Calibration: CLASS 1 WEIGHTS 100,200,300,500,1000, in accordance with PWS. POP 10/01/2023 to 09/30/2024.
FOB: Destination
VENDOR PART NR: CLASS 1 WEIGHTS
CLASS 2 WEIGHTS 1,2,5,10,20,50,100
CLASS 2 WEIGHTS 1,2,5,10,20,50,100, in accordance with PWS. POP
10/01/2023 to 09/30/2024.
FOB: Destination
VENDOR PART NR: CLASS 2 WEIGHTS
0007 1 Each
0008 1 Each
0009 1 Each
0010 1 Each
10915 REF. THERM THERMO SCIENTIFIC/#713
On-Site Calibration: 10915 REF. THERM THERMO SCIENTIFIC/#713, in accordance with PWS. POP 10/01/2023 to 09/30/2024.
FOB: Destination
VENDOR PART NR: 10915
H94-500 REF THERM. ERTCO/CAT#661
On-Site Calibration: H94-500 REF THERM. ERTCO/CAT#661, in accordance with PWS. POP 10/01/2023 to 09/30/2024.
FOB: Destination
VENDOR PART NR: H94-500
608002021 REF. THEM. THERMCO/ACC647
On-Site Calibration: 608002021 REF. THEM. THERMCO/ACC647, in accordance with PWS. POP 10/01/2023 to 09/30/2024.
FOB: Destination
VENDOR PART NR: 608002021
1055 REF THERM. ICL/CAT#210-623
On-Site Calibration: 1055 REF THERM. ICL/CAT#210-623, in accordance with
PWS. POP 10/01/2023 to 09/30/2024.
FOB: Destination
VENDOR PART NR: 1055 Ref Therm
0011 1 Each
0012 1 Each
0013 1 Each
0014 1 Each
1686 REF. THERM.THERMCO/MODEL#1007-3BLS
On-Site Calibration: 1686 REF. THERM.THERMCO/MODEL#1007-3BLS, in accordance with PWS. POP 10/01/2023 to 09/30/2024.
FOB: Destination
VENDOR PART NR: Thermco
2923 REF. THERM. THERMCO/MODEL#LSS603
On-Site Calibration: 2923 REF. THERM. THERMCO/MODEL#LSS603, in accordance with PWS. POP 10/01/2023 to 09/30/2024.
FOB: Destination
VENDOR PART NR: Thermco
PURCHASE REQUEST NUMBER: 0011944617
PSC CD: J065
0015 1 Each
0016 1 Each
2924 REF.THERM. THERMOC/MODEL#LSS603
2924 REF.THERM. THERMOC/MODEL#LSS603, in accordance with PWS.
POP 10/01/2023 to 09/30/2024.
FOB: Destination
VENDOR PART NR: Thermoc
REF. THERM.CHEM THEMCO/MODEL#ACC6113XXS
On-Site Calibration: REF. THERM.CHEM THEMCO/MODEL#ACC6113XXS, in accordance with PWS. POP 10/01/2023 to 09/30/2024.
FOB: Destination
VENDOR PART NR: Themco
PURCHASE REQUEST NUMBER: 0011944617
PSC CD: J065
0017 1 Each
0018 1 Each
REF.THERM.CHEM THERMCO/MODEL#ACC6113XXS
On-Site Calibration: REF.THERM.CHEM THERMCO/MODEL#ACC6113XXS, in accordance with PWS. POP 10/01/2023 to 09/30/2024.
FOB: Destination
VENDOR PART NR: Thermco
CALIBRATE AND CERTIFY 25 BAL./ISO 17025
On-Site CALIBRATE AND CERTIFY 25 BAL./ISO 17025, in accordance with
PWS. POP 10/01/2023 to 09/30/2024.
FOB: Destination
VENDOR PART NR: Balance
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0019 1 Each
0020 22 Each
0001 POP 01-OCT-2023 TO
30-SEP-2024
N/A AMC BAMC FSH - MM
FOR POP SEE LINE ITEM
3551 ROGER BROOKE DR
BLDG 3600
JBSA FT SAM HOUSTON TX 78234-6200
210-916-4141
FOB: Destination
HT0852
0002 POP 01-OCT-2023 TO
30-SEP-2024
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0852
0003 POP 01-OCT-2023 TO
30-SEP-2024
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0852
0004 POP 01-OCT-2023 TO
30-SEP-2024
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0852
0005 POP 01-OCT-2023 TO
30-SEP-2024
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0852
0006 POP 01-OCT-2023 TO
30-SEP-2024
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0852
0007 POP 01-OCT-2023 TO
30-SEP-2024
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0852
0008 POP 01-OCT-2023 TO
30-SEP-2024
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0852
0009 POP 01-OCT-2023 TO
30-SEP-2024
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0852
0010 POP 01-OCT-2023 TO
30-SEP-2024
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0852
0011 POP 01-OCT-2023 TO
30-SEP-2024
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0852
0012 POP 01-OCT-2023 TO
30-SEP-2024
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0852
0013 POP 01-OCT-2023 TO
30-SEP-2024
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0852
0014 POP 01-OCT-2023 TO
30-SEP-2024
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0852
0015 POP 01-OCT-2023 TO
30-SEP-2024
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0852
0016 POP 01-OCT-2023 TO
30-SEP-2024
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0852
0017 POP 01-OCT-2023 TO
30-SEP-2024
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0852
0018 POP 01-OCT-2023 TO
30-SEP-2024
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0852
0019 POP 01-OCT-2023 TO
30-SEP-2024
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0852
0020 POP 01-OCT-2023 TO
30-SEP-2024
N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0852
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 AMC BAMC FSH - MM Government AMC BAMC FSH - MM Government
3551 ROGER BROOKE DR 3551 ROGER BROOKE DR
BLDG 3600 BLDG 3600
JBSA FT SAM HOUSTON TX JBSA FT SAM HOUSTON TX
78234-6200 78234-6200
0002 AMC BAMC FSH - MM Government AMC BAMC FSH - MM Government
3551 ROGER BROOKE DR 3551 ROGER BROOKE DR
BLDG 3600 BLDG 3600
JBSA FT SAM HOUSTON TX JBSA FT SAM HOUSTON TX
78234-6200 78234-6200
0003 AMC BAMC FSH - MM Government AMC BAMC FSH - MM Government
3551 ROGER BROOKE DR 3551 ROGER BROOKE DR
BLDG 3600 BLDG 3600
JBSA FT SAM HOUSTON TX JBSA FT SAM HOUSTON TX
78234-6200 78234-6200
0004 AMC BAMC FSH - MM Government AMC BAMC FSH - MM Government
3551 ROGER BROOKE DR 3551 ROGER BROOKE DR
BLDG 3600 BLDG 3600
JBSA FT SAM HOUSTON TX JBSA FT SAM HOUSTON TX
78234-6200 78234-6200
0005 AMC BAMC FSH - MM Government AMC BAMC FSH - MM Government
3551 ROGER BROOKE DR 3551 ROGER BROOKE DR
BLDG 3600 BLDG 3600
JBSA FT SAM HOUSTON TX JBSA FT SAM HOUSTON TX
78234-6200 78234-6200
0006 AMC BAMC FSH - MM Government AMC BAMC FSH - MM Government
3551 ROGER BROOKE DR 3551 ROGER BROOKE DR
BLDG 3600 BLDG 3600
JBSA FT SAM HOUSTON TX JBSA FT SAM HOUSTON TX
78234-6200 78234-6200
0007 AMC BAMC FSH - MM Government AMC BAMC FSH - MM Government
3551 ROGER BROOKE DR 3551 ROGER BROOKE DR
BLDG 3600 BLDG 3600
JBSA FT SAM HOUSTON TX JBSA FT SAM HOUSTON TX
78234-6200 78234-6200
0008 AMC BAMC FSH - MM
3551 ROGER BROOKE DR
BLDG 3600
JBSA FT SAM HOUSTON TX
Government AMC BAMC FSH - MM
3551 ROGER BROOKE DR
BLDG 3600
JBSA FT SAM HOUSTON TX
Government
78234-6200 78234-6200
0009 AMC BAMC FSH - MM Government AMC BAMC FSH - MM Government
3551 ROGER BROOKE DR 3551 ROGER BROOKE DR
BLDG 3600 BLDG 3600
JBSA FT SAM HOUSTON TX JBSA FT SAM HOUSTON TX
78234-6200 78234-6200
0010 AMC BAMC FSH - MM Government AMC BAMC FSH - MM Government
3551 ROGER BROOKE DR 3551 ROGER BROOKE DR
BLDG 3600 BLDG 3600
JBSA FT SAM HOUSTON TX JBSA FT SAM HOUSTON TX
78234-6200 78234-6200
0011 AMC BAMC FSH - MM Government AMC BAMC FSH - MM Government
3551 ROGER BROOKE DR 3551 ROGER BROOKE DR
BLDG 3600 BLDG 3600
JBSA FT SAM HOUSTON TX JBSA FT SAM HOUSTON TX
78234-6200 78234-6200
0012 AMC BAMC FSH - MM Government AMC BAMC FSH - MM Government
3551 ROGER BROOKE DR 3551 ROGER BROOKE DR
BLDG 3600 BLDG 3600
JBSA FT SAM HOUSTON TX JBSA FT SAM HOUSTON TX
78234-6200 78234-6200
0013 AMC BAMC FSH - MM Government AMC BAMC FSH - MM Government
3551 ROGER BROOKE DR 3551 ROGER BROOKE DR
BLDG 3600 BLDG 3600
JBSA FT SAM HOUSTON TX JBSA FT SAM HOUSTON TX
78234-6200 78234-6200
0014 AMC BAMC FSH - MM Government AMC BAMC FSH - MM Government
3551 ROGER BROOKE DR 3551 ROGER BROOKE DR
BLDG 3600 BLDG 3600
JBSA FT SAM HOUSTON TX JBSA FT SAM HOUSTON TX
78234-6200 78234-6200
0015 AMC BAMC FSH - MM Government AMC BAMC FSH - MM Government
3551 ROGER BROOKE DR 3551 ROGER BROOKE DR
BLDG 3600 BLDG 3600
JBSA FT SAM HOUSTON TX JBSA FT SAM HOUSTON TX
78234-6200 78234-6200
0016 AMC BAMC FSH - MM Government AMC BAMC FSH - MM Government
3551 ROGER BROOKE DR 3551 ROGER BROOKE DR
BLDG 3600 BLDG 3600
JBSA FT SAM HOUSTON TX JBSA FT SAM HOUSTON TX
78234-6200 78234-6200
0017 AMC BAMC FSH - MM Government AMC BAMC FSH - MM Government
3551 ROGER BROOKE DR 3551 ROGER BROOKE DR
BLDG 3600 BLDG 3600
JBSA FT SAM HOUSTON TX JBSA FT SAM HOUSTON TX
78234-6200 78234-6200
0018 AMC BAMC FSH - MM Government AMC BAMC FSH - MM Government
3551 ROGER BROOKE DR 3551 ROGER BROOKE DR
BLDG 3600 BLDG 3600
0019 AMC BAMC FSH - MM
3551 ROGER BROOKE DR
BLDG 3600
JBSA FT SAM HOUSTON TX
Government AMC BAMC FSH - MM
3551 ROGER BROOKE DR
BLDG 3600
JBSA FT SAM HOUSTON TX
Government
78234-6200 78234-6200
0020 AMC BAMC FSH - MM Government AMC BAMC FSH - MM Government
3551 ROGER BROOKE DR 3551 ROGER BROOKE DR
BLDG 3600 BLDG 3600
CLAUSES INCORPORATED BY REFERENCE
52.212-4 Contract Terms and Conditions--Commercial Products and
Commercial Services
DEC 2022
5 2.212-4 ADDENDUM
The Government may make unilateral modifications considered administrative in nature. These include, but are not limited to, changes in the accounting and appropriation data, payment and issuing office addresses, and other corrections that have no effect on the terms and conditions of the contract.
(w) The non-FAR Part 12 discretionary FAR, 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.
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 NOV 2021 Services Developed or Provided by Kaspersky Lab and Other
Covered Entities
52.204-25 Prohibition on Contracting for Certain Telecommunications NOV 2021 and Video Surveillance Services or Equipment
52.219-6 Notice Of Total Small Business Set-Aside NOV 2020
52.222-3 Convict Labor JUN 2003
52.222-21 Prohibition Of Segregated Facilities APR 2015
52.222-50 Combating Trafficking in Persons NOV 2021
52.222-51 Exemption from Application of the Service Contract Labor MAY 2014 Standards to Contracts for Maintenance, Calibration, or
Repair of Certain Equipment--Requirements
52.223-2 Affirmative Procurement of Biobased Products Under Service SEP 2013 and Construction Contracts
52.223-3 Hazardous Material Identification And Material Safety Data FEB 2021 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011
52.223-18 Encouraging Contractor Policies To Ban Text Messaging JUN 2020 While Driving
52.225-13 Restrictions on Certain Foreign Purchases FEB 2021
52.232-18 Availability Of Funds APR 1984
52.232-19 Availability Of Funds For The Next Fiscal Year APR 1984
52.232-33 Payment by Electronic Funds Transfer--System for Award OCT 2018 Management
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
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
252.225-7048 Export-Controlled Items JUN 2013
252.232-7003 Electronic Submission of Payment Requests and Receiving DEC 2018 Reports
252.232-7010 Levies on Contract Payments DEC 2006
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.
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 [X] is, [ ] is not a small business concern under NAICS Code 811210 assigned to contract number TBD.
(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
(3) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a women-owned small business concern.
(4) Women-owned small business (WOSB) 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: .] http://www.sba.gov/document/support--table-size-standards
(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 w ww.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 w ww.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--
(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.
52.252-2 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:/ /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.
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 h ttp://www.archives.gov/cui/registry/category-l ist.html, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and
Governmentwide policies, and is--
(1) Marked or otherwise identified in the contract, task order, or delivery order and provided to the contractor by or on behalf of DoD in support of the performance of the contract; or
(2) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract.
Cyber incident means actions taken through the use of computer networks that result in a compromise or an actual or potentially adverse effect on an information system and/or the information residing therein.
Forensic analysis means the practice of gathering, retaining, and analyzing computer-related data for investigative purposes in a manner that maintains the integrity of the data.
Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information.
Malicious software means computer software or firmware intended to perform an unauthorized process that will have adverse impact on the confidentiality, integrity, or availability of an information system. This definition includes a virus, worm, Trojan horse, or other code-based entity that infects a host, as well as spyware and some forms of adware.
Media means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which covered defense information is recorded, stored, or printed within a covered contractor information system.
Operationally critical support means supplies or services designated by the Government as critical for airlift, sealift, intermodal transportation services, or logistical support that is essential to the mobilization, deployment, or sustainment of the Armed Forces in a contingency operation.
Rapidly report means within 72 hours of discovery of any cyber incident.
Technical information means technical data or computer software, as those terms are defined in the clause at
DFARS 252.227-7013, Rights in Technical Data--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:
http://www.archives.gov/cui/registry/category-
(1) For covered contractor information systems that are part of an information technology (IT) service or system operated on behalf of the Government, the following security requirements apply:
(i) Cloud computing services shall be subject to the security requirements specified in the clause 252.239-7010, Cloud Computing Services, of this contract.
(ii) Any other such IT service or system (i.e., other than cloud computing) shall be subject to the security requirements specified elsewhere in this contract.
(2) For covered contractor information systems that are not part of an IT service or system operated on behalf of the
Government and therefore are not subject to the security requirement specified at paragraph (b)(1) of this clause, the following security requirements apply:
(i) Except as provided in paragraph (b)(2)(ii) of this clause, the covered contractor information system shall be subject to the security requirements in National Institute of Standards and Technology (NIST) Special Publication
(SP) 800-171, “Protecting Controlled Unclassified Information in Nonfederal Information Systems and
Organizations” (available via the internet at h ttp://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 o sd.dibcsia@mail.mil, within 30 days of contract award, of any security requirements specified by NIST SP 800-171 not implemented at the time of contract award.
(B) The Contractor shall submit requests to vary from NIST SP 800-171 in writing to the Contracting Officer, for consideration by the DoD CIO. The Contractor need not implement any security requirement adjudicated by an authorized representative of the DoD CIO to be nonapplicable or to have an alternative, but equally effective, security measure that may be implemented in its place.
(C) If the DoD CIO has previously adjudicated the contractor's requests indicating that a requirement is not applicable or that an alternative security measure is equally effective, a copy of that approval shall be provided to the Contracting Officer when requesting its recognition under this contract.
(D) If the Contractor intends to use an external cloud service provider to store, process, or transmit any covered defense information in performance of this contract, the Contractor shall require and ensure that the cloud service provider meets security requirements equivalent to those established by the Government for the Federal Risk and Authorization Management Program (FedRAMP) Moderate baseline
(h ttps://www.fedramp.gov/resources/documents/) and that the cloud service provider complies with requirements in paragraphs (c) through (g) of this clause for cyber incident reporting, malicious software, media preservation and protection, access to additional information and equipment necessary for forensic analysis, and cyber incident damage assessment.
(3) Apply other information systems security measures when the Contractor reasonably determines that information systems security measures, in addition to those identified in paragraphs (b)(1) and (2) of this clause, may be required to provide adequate security in a dynamic environment or to accommodate special circumstances (e.g., medical devices) and any individual, isolated, or temporary deficiencies based on an assessed risk or vulnerability. These measures may be addressed in a system security plan.
(c) Cyber incident reporting requirement.
(1) When the Contractor discovers a cyber incident that affects a covered contractor information system or the covered defense information residing therein, or that affects the contractor's ability to perform the requirements of the contract that are designated as operationally critical support and identified in the contract, the Contractor shall--mailto:sd.dibcsia@mail.mil http://www.fedramp.gov/resources/documents/)
(i) Conduct a review for evidence of compromise of covered defense information, including, but not limited to, identifying compromised computers, servers, specific data, and user accounts. This review shall also include analyzing covered contractor information system(s) that were part of the cyber incident, as well as other information systems on the Contractor's network(s), that may have been accessed as a result of the incident in order to identify compromised covered defense information, or that affect the Contractor's ability to provide operationally critical support; and
(ii) Rapidly report cyber incidents to DoD at h ttps://dibnet.dod.mil.
(2) Cyber incident report. The cyber incident report shall be treated as information created by or for DoD and shall include, at a minimum, the required elements at h ttps://dibnet.dod.mil.
(3) Medium assurance certificate requirement. In order to report cyber incidents in accordance with this clause, the
Contractor or subcontractor shall have or acquire a DoD-approved medium assurance certificate to report cyber incidents. For information on obtaining a DoD-approved medium assurance certificate, see h ttps://public.cyber.mil/eca/.
(d) Malicious software. When the Contractor or subcontractors discover and isolate malicious software in connection with a reported cyber incident, submit the malicious software to DoD Cyber Crime Center (DC3) in accordance with instructions provided by DC3 or the Contracting Officer. Do not send the malicious software to the
Contracting Officer.
(e) Media preservation and protection. When a Contractor discovers a cyber incident has occurred, the Contractor shall preserve and protect images of all known affected information systems identified in paragraph (c)(1)(i) of this clause and all relevant monitoring/packet capture data for at least 90 days from the submission of the cyber incident report to allow DoD to request the media or decline interest.
(f) Access to additional information or equipment necessary for forensic analysis. Upon request by DoD, the
Contractor shall provide DoD with access to additional information or equipment that is necessary to conduct a forensic analysis.
(g) Cyber incident damage assessment activities. If DoD elects to conduct a damage assessment, the Contracting
Officer will request that the Contractor provide all of the damage assessment information gathered in accordance with paragraph (e) of this clause.
(h) DoD safeguarding and use of contractor attributional/proprietary information. The Government shall protect against the unauthorized use or release of information obtained from the contractor (or derived from information obtained from the contractor) under this clause that includes contractor attributional/proprietary information, including such information submitted in accordance with paragraph (c). To the maximum extent practicable, the
Contractor shall identify and mark attributional/proprietary information. In making an authorized release of such information, the Government will implement appropriate procedures to minimize the contractor attributional/proprietary information that is included in such authorized release, seeking to include only that information that is necessary for the authorized purpose(s) for which the information is being released.
(i) Use and release of contractor attributional/proprietary information not created by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is not created by or for DoD is authorized to be released outside of DoD--
(1) To entities with missions that may be affected by such information;
(2) To entities that may be called upon to assist in the diagnosis, detection, or mitigation of cyber incidents;
(3) To Government entities that conduct counterintelligence or law enforcement investigations;
(4) For national security purposes, including cyber situational awareness and defense purposes (including with
Defense Industrial Base (DIB) participants in the program at 32 CFR part 236); or
(5) To a support services contractor (“recipient”) that is directly supporting Government activities under a contract that includes the clause at 252.204-7009, Limitations on the Use or Disclosure of Third-Party Contractor Reported
Cyber Incident Information.
(j) Use and release of contractor attributional/proprietary information created by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is created by or for DoD (including the information submitted pursuant to paragraph (c) of this clause) is authorized to be used and released outside of DoD for purposes and activities authorized by paragraph (i) of this clause, and for any other lawful Government purpose or activity, subject to all applicable statutory, regulatory, and policy based restrictions on…
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