D.08 Combined synopsis solicitation W91YTZ20Q0160.pdf

W91YTZ20Q0160

Document Type: Combined Solicitation/Synopsis

Date: 21 May 2020

Subject: Relocation of Medical Equipment and Furniture

Solicitation Number: W91YTZ20Q0160

Response Date: 28 May 2020 at 15:00 AM EST

Point of Contact: cynthia.a.richardson-rhone.civ@mail.mil

Place of Performance: Womack Army Medical Center (WAMC), Fort Bragg, NC 28310

Period of Performance: 30 May 2020 -29 May 2022

NAICS Code: 484210 Size Standard: $30,000,000

Contracting Office Address

Department of the Army US Army Medical Command Army Health Contracting Activity Regional Health Contracting Office - Atlantic 6021 5th Street, Bldg. 1467 Fort Belvoir, VA 22060-5505

The Regional Health Contracting Office – Atlantic, Fort Bragg, NC intends to solicit, negotiate, and award a blanket purchase agreement for Womack Army Medical Center (WAMC), Fort Bragg, NC, for it on post medical and dental clinics and off-post Community based clinics. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This solicitation number W91YTZ20Q0160 is issued as a request for proposal (RFQ).

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2020-03. Interested persons may identify their interest and capability to respond to the requirement and submit proposals.

Provide your Company’s Dunn and Bradstreet number (DUNS); CAGE code; tax ID number; and proposal evaluation purposes.

All quotes received after the date of publication of this synopsis will be considered by the Government. Submit quotes via email ONLY to Cynthia Richardson- Rhone at Cynthia.a.richardson-rhone.civ@mail.mil no later than 28 May 2020 @ 3:00 PM EST. No telephonic request will be honored.

Clauses and provisions throughout this solicitation can be viewed by accessing website www.acquisition.gov. FAR provision 52 [Instructions to Offerors Commercial Items] applies to this acquisition to include the following addenda: All offerors are cautioned that if selected for award, they must be registered in the System for Award Management (SAM) 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. The provision at FAR 52.212-2, Evaluation – Commercial Items and any addendums to this provision apply to this acquisition. The clause at FAR 52.212-5 (DEVIATION 2018-O0021) (JAN 2020), Contract Terms and Conditions to Implement Statutes or Executive Orders – Commercial Items applies to this acquisition.

The following provisions in their latest editions apply to this solicitation.

mailto:Cynthia.a.richardson-rhone.civ@mail.mil https://www.sam.gov/portal/public/SAM/

Vendors shall include a completed copy of FAR provision 52.212-3 ALT 1, “Offeror Representations and Certifications” with their offer. Offerors 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. Clause 52.212-4 Contract Terms and Conditions— Commercial items, applies to this acquisition to include any applicable addenda.

Section SF 1449 - CONTINUATION SHEET

AMOUNT

RELOCATION MED EQUIP,FURNITURE,PERSONNEL FFP

RELOCATION MED EQUIP,FURNITURE,PERSONNEL

FOB: Destination

PURCHASE REQUEST NUMBER: 0011489375 PSC CD: V112

PLEASE PROVIDE PRICE LIST FOR ALL SERVICES THAT YOU PERFORM THAT ARE ASSOCIATED WITH RELOCATION OF

FURNITURE, MEDICAL EQUIPMENT, AND PERSONNEL AS A SEPARATE DOCUMENT

NET AMT

AMOUNT

CMR FFP CMR

PURCHASE REQUEST NUMBER: 0011489375 PSC CD: V112

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE

0001 1 Job

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE

0002 .25 Each

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

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 30-MAY-2020 TO

29-MAY-2022

N/A W2L6 WOMACK ARMY MED CTR

W2L6 WOMACK ARMY MED CTR 2817 REILLY ROAD

BLDG 4

FORT BRAGG NC 28310-5000 210-808-2837

W36XTM

0002 POP 01-MAY-2020 TO

30-APR-2021

N/A (SAME AS PREVIOUS LOCATION)

W36XTM

BPA AGREEMENT

BLANKET PURCHASE AGREEMENT (BPA)

Between

1. AUTHORITY. This agreement is established in accordance with Federal Acquisition Regulation (FAR) Part 13, Subpart 13.303, Blanket Purchase Agreements (BPAs). This BPA will be reviewed by the Contracting Officer at least once annually before the anniversary of the effective date, and revised to conform to all requirements of Statutes, Executive Orders, and the FAR. Revisions will be evidenced by a modification to the BPA.

2. DESCRIPTION OF AGREEMENT. The Contractor shall provide all supplies as per this agreement in Section B of the BPA Schedule (Supplies or Services and Prices). To include any potential components manufactured/or distributed by the contractor. Supplies and services shall be provided in accordance with the terms and conditions of this agreement.

3. EVENT OF OBLIGATION. is hereby incorporated into this BPA. The

Government is obligated only to the extent of delivery order (orders) placed by authorized individuals and the purchase limitations of this BPA. Deliver Orders (orders) will be made by placing calls for supplies required.

Payment will be made for actual supplies delivered.

4. PURCHASE LIMITATION. MIN: BPA Delivery Order Limit = $15,000.00

GPC: BPA Delivery Order Limit = $2,500 BPA Delivery Order for COVID 19 is $10,000 MAX: Master Dollar Limit = $150,000.00 for the life of the BPA.

POP: 30-May-2020 to 29 May 2022

5. INDIVIDUALS AUTHORIZED TO PURCHASE UNDER THE BPA.

A listing of individuals authorized to place purchases/calls under this agreement shall be identified by Regional Health Contracting Office-Atlantic, Womack Army Medical Center Contracting Cell in writing to the contractor, and shall be identified by organization component, title and dollar limitation per call for each individual authorized to place purchases/calls.

Calls placed by individuals not on the list are not authorized and shall not be honored by the contractor. Services provided by the contractor in violation of this authorization will be treated as an unauthorized commitment and may result in termination of this agreement by the government. Changes in the list shall require the signature of the Administering Contracting Officer.

Authorized individuals to place orders/Delivery Orders:

6. DELIVERY TICKETS. Payments for Delivery Orders issued under this BPA will be made by WAWF. All shipments under this BPA shall be accompanied by delivery ticket that contains the following information:

-Name of Supplier

-BPA Number and Delivery Order Number -Date of Request -Request Number -Itemized List of Supplies -Quantity, Unit Price, and Extension of Each Item -Date of Delivery of Shipment/Service -Individual Placing Order

7. NUMBERING OF PURCHASES/DELIVERY ORDER PLACED UNDER THIS AGREEMENT.

Each order for supplies under this agreement shall be assigned a call number with a prefix. The prefix 18F will be used for all delivery orders placed under this BPA. Numbers will consist of four numeric characters, i.e., delivery order numbers will read, for example, W91YTZ20FXXXX, W91YTZ21FXXXX, etc. The payment process will be through iRAPT and the BPA Delivery Order Number shall contain instructions on invoicing through iRAPT.

Orders shall be placed by authorized personnel as delivery orders against this BPA via FAX, mail order, telephonically (with written follow-up) and/or Electronic Data Interchange (EDI).

8. INVOICES/PAYMENTS.

The contractor shall create a per shipment invoice for each call received. The invoice shall list all products received for this shipment. The contractor is expected to submit an invoice upon receipt of a BPA Call.

Invoice payments will be made via the iRAPT. See iRAPT attachment.

Invoice billings will be generated and emailed or faxed to the authorized ordering individual upon completion of service. The billings are based upon the attached pricing list.

9. SHIPPING INSTRUCTIONS.

CONTRACT/ PURCHASE ORDER NUMBER: W91YTZ-20-A- TBD

DO NOT UNDER ANY CIRCUMSTANCES SHIP ITEMS TO ADDRESSES OTHER THAN THOSE SPECIFIED HEREIN. TO DO SO IS IN VIOLATION OF THIS ORDER AND COST OF SHIPMENT TO ADDRESS OTHER THAN

THAT SPECIFIED IN THIS ORDER WILL NOT BE PAID UNLESS THE SHIP

TO/DELIVERY ADDRESS IS CHANGED BY MODIFICATION TO THE ORDER SIGNED BY A

CONTRACTING OFFICER.

SHIP TO THE FOLLOWING ADDRESS:

XR USA MED DEPT ACTV WOMACK ARMY MEDICAL CENTER

BLDG 4-2817 REILLY ROAD FT BRAGG NC 28310-5000

EXTERIOR OF ALL SHIPPING CARTONS MUST BE MARKED WITH CONTRACT/PURCHASE ORDER

NUMBER. IF YOU ARE “DROP SHIPPING” ENSURE YOUR SHIPPER COMPLIES WITH THESE INSTRUCTIONS.

CARTONS WITHOUT IDENTIFICATION WILL BE RETURNED “FREIGHT COLLECT”. THE ADDRESS LISTED

ABOVE IS THE PRIMARY DELIVERY POINT. HOWEVER, SHIPPING INSTRUCTION MAY CHANGE

DEPENDING ON WHEN, WHERE AND HOW THE LAB REPRESENTATIVES NEEDS THE PRODUCTS. FOLLOW

THE INSTRUCTIONS FO THE WAMC REPRESENTATIVE IN THE ORDER.

10. TERMS AND CONDITONS:

Contractor shall provide the following as ordered over a 3 year period or $150,000.00 limit; whichever is reached first:

Medical furniture and equipment relocation and storage for Womack Army Medical Center (WAMC) and the Outlying Clinics on or near Fort Bragg as needed in compliance with the Performance Work Statement (PWS).

11. TBD and WAMC will comply with applicable laws and industry standards, including without limitation, requirements, regulations, standards, recommendations, specifications, guidelines and directive of the Food and Drug Administration (“FDA”) standards; U.S. economic sanctions; anti-terrorism and anti-money laundering laws;

the USA Patriot Act; laws administered by the U.S, Treasury Department’s Office of Foreign Assets Control; and Executive Order 13224 regulations.

12. PRICING:

Pricing shall be established at the time of award of the BPA. Pricing shall be based on published catalog price list and any discounts offered. Prices to the Government shall be as low as, or lower than, those charged to the contractor’s most favored customers for comparable quantities of similar items or services. Pricing information will be provided as an attachment to the

BPA.

13. REVIEW: The Regional Health Contracting Office-Atlantic, Womack Army Medical Center, Fort Bragg, NC will review this blanket purchase agreement annually. Review may be conducted to ensure that prices for supplies are in accordance with the terms and conditions of this BPA and that proper procedure have been followed. This is called an internal review. The Contractor will be contacted if there are any discrepancies.

STATEMENT OF WORK

Relocation of Medical Equipment, Medical Furniture, and Office Furniture

1. Contractor shall provide all labor, equipment, transportation, materials and supplies necessary to relocate medical equipment and furniture and office furniture for Womack Army Medical Center, its on-post clinics and off-post Community Based Medical Homes (CBMH).

2. The Contractor must perform a site visit to the facility identified for the move within 2 business days after telephonic notification to provide an on-the-spot estimate of moving costs. Actual moving/relocation of equipment or furniture is required 2 to 3 business days after the spot estimate.

3. Moving/Relocation/Storage:

3.1 Office Furniture: The contractor shall be responsible for disassembly for relocation purposes and reassembly of modular office furniture and partitions when returned to the facility.

3.2 Medical Furniture: The contractor shall be responsible for disassembly for relocation purposes and reassembly of medical furniture when returned to the facility.

3.3 Medical Equipment: The contractor shall be responsible for securing sensitive medical equipment such as:

sensitive X-Ray Equipment and other medical equipment and devices. Contractor is required to have experience moving and storing medical equipment.

3.4 Womack Army Medical Center (WAMC) provides storage when available on-post and off-post; however, should WAMC storage not be available, the Contractor shall provide at a minimum, 20,000 square feet of storage space to temporarily store the equipment and furniture.

3.5 The Contractor’s storage facility shall be located as to allow return of equipment and furniture within 24 hours after notification to return and reassemble equipment and furniture where designated at WAMC, its on-post clinics or off-post Community Based Medical Homes.

4. Miscellaneous: Transportation of medical and office equipment and products to and from off post sites.

4.1 The Contractor shall be equipped with inflated (air) tires for moving equipment and furniture. These are the only type tires authorized for use in the medical center and clinics.

4.2 Contractor is responsible and shall remove all trash generated by the move at the time of the move and return within one (1) workday to pick up boxes and carts.

4.3 When there is an overflow of medical equipment and furniture at WAMC storage facilities, equipment and furniture will be picked up from an agreed upon location and moved to the Contractor’s warehouse for temporary storage as needed.

4.4 Extent of Obligation: The Government is obligated to pay only to the extent of BPA Call Number or the Government Purchase Card (GPC) order placed by authorized individuals and the purchase limitation of the BPA.

Payment will only be authorized for actual services rendered.

4.5 Purchase Authorization: Individuals authorized to purchase under the BPA shall be identified under separate cover, in writing, by a Contracting Officer of the WAMC Contracting Cell. Changes in the authorization list will also be presented to the Contractor in writing and shall be signed by a WAMC Contracting Officer. BPA Call Orders or GPC purchases by individuals not authorized to make purchases under the BPA shall not be honored by the Contractor. Services provided by the Contractor in violation of this authorization will be treated as an unauthorized commitment and may result in termination of the BPA.

5. OPSEC:

5.1. For Contracts that Require an OPSEC Standing Operating Procedure/Plan. The contractor shall develop an

OPSEC Standing Operating Procedure (SOP)/Plan within 90 calendar days of contract award, to be reviewed and approved by the responsible Government OPSEC officer, per AR 530-1, Operations Security. This SOP/Plan will include the government's critical information, why it needs to be protected, where it is located, who is responsible for it, and how to protect it. In addition, the contractor shall identify an individual who will be an OPSEC Coordinator. The contractor will ensure this individual becomes OPSEC Level II certified per AR 530-1.

5.2. For Contracts that Require OPSEC Training. Per AR 530-1, Operations Security, new contractor employees must complete Level I OPSEC training within 30 calendar days of their reporting for duty. All contractor employees must complete annual OPSEC awareness training.

CLAUSES INCORPORATED BY REFERENCE

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

52.212-4 ADDENDUM

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.

(End of Addendum)

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier OCT 2018 Subcontract Awards 52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.209-6 Protecting the Government's Interest When Subcontracting OCT 2015 With Contractors Debarred, Suspended, or Proposed for Debarment 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-41 Service Contract Labor Standards AUG 2018 52.222-43 Fair Labor Standards Act And Service Contract Labor AUG 2018 Standards - Price Adjustment (Multiple Year And Option Contracts) 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-18 Encouraging Contractor Policies To Ban Text Messaging AUG 2011 While Driving 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.232-33 Payment by Electronic Funds Transfer--System for Award OCT 2018 Management 52.232-36 Payment by Third Party MAY 2014 52.232-37 Multiple Payment Arrangements MAY 1999

CLAUSES INCORPORATED BY FULL TEXT

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

(a) Except as stated in paragraph (b) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C.

1341), the following shall govern:

(1) Any such clause is unenforceable against the Government.

(2) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an ``I agree'' click box or other comparable mechanism (e.g., ``click-wrap'' or ``browse-wrap'' agreements), execution does not bind the Government or any Government authorized end user to such clause.

(3) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(b) Paragraph (a) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(End of clause)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

DEC 2013

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 52.242-17 Government Delay Of Work APR 1984 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 SEP 2013 252.204-7000 Disclosure Of Information OCT 2016 252.225-7048 Export-Controlled Items JUN 2013 252.232-7010 Levies on Contract Payments DEC 2006

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.

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (MAR 2020)

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

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

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

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

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

(3) For long-term contracts--

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

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

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

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

http://www.sba.gov/content/table-small-business-size-standards http://www.sba.gov/content/table-small-business-size-standards

Page 10 of

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

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

(g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the

Contractor may, but is not required to, take the actions required by paragraphs (f) or (h) of this clause.

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

(1) The Contractor represents that it [X] is, [ ] is not a small business concern under NAICS Code 484210 assigned to contract number W91YTZ20AXXXX.

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

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

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

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

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (h)(4)(i) of this clause is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture.

[The Contractor shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

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

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

Page 11 of

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

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

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

(8) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this

(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of

Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

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

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

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)

(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 $15,000 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.

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52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.

Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/ (End of clause)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(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 (DEC 2019)

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 http://www.acquisition.gov/ http://www.acquisition.gov/ http://www.acquisition.gov/

Page 13 of using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.

Covered contractor information system means an unclassified information system that is owned, or operated by or for, a contractor and that processes, stores, or transmits covered defense information.

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

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

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

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

Forensic analysis means the practice of gathering, retaining, and analyzing computer-related data for investigative purposes in a manner that maintains the integrity of the data.

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information.

Malicious software means computer software or firmware intended to perform an unauthorized process that will have adverse impact on the confidentiality, integrity, or availability of an information system. This definition includes a virus, worm, Trojan horse, or other code-based entity that infects a host, as well as spyware and some forms of adware.

Media means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which covered defense information is recorded, stored, or printed within a covered contractor information system.

Operationally critical support means supplies or services designated by the Government as critical for airlift, sealift, intermodal transportation services, or logistical support that is essential to the mobilization, deployment, or sustainment of the Armed Forces in a contingency operation.

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

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

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

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

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

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

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

(2) For covered contractor information systems that are not part of an IT service or system operated on behalf of the

Government and therefore are not subject to the security requirement specified at paragraph (b)(1) of this clause, the following security requirements apply:

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

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

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

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

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

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

(c) Cyber incident reporting requirement.

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

(i) Conduct a review for evidence of compromise of covered defense information, including, but not limited to, identifying compromised computers, servers, specific data, and user accounts. This review shall also include analyzing covered contractor information system(s) that were part of the cyber incident, as well as other information systems on the Contractor's network(s), that may have been accessed as a result of the incident in order to identify http://dx.doi.org/10.6028/NIST.SP.800-171) mailto:osd.dibcsia@mail.mil http://www.fedramp.gov/resources/documents/) http://www.fedramp.gov/resources/documents/) http://www.fedramp.gov/resources/documents/) http://www.fedramp.gov/resources/documents/)

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and

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

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

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

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(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 the Government's use and release of such information.

(k) The Contractor shall conduct activities under this clause in accordance with applicable laws and regulations on the interception, monitoring, access, use, and disclosure of electronic communications and data.

(l) Other safeguarding or reporting requirements. The safeguarding and cyber incident reporting required by this clause in no way abrogates the Contractor's responsibility for other safeguarding or cyber incident reporting pertaining to its unclassified information systems as required by other applicable clauses of this contract, or as a result of other applicable U.S. Government statutory or regulatory requirements.

(m) Subcontracts. The Contractor shall--

(1) Include this clause, including this paragraph (m), in subcontracts, or similar contractual instruments, for operationally critical support, or for which subcontract performance will involve covered defense information, including subcontracts for commercial items, without alteration, except to identify the parties. The Contractor shall determine if the information required for subcontractor performance retains its identity as covered defense information and will require protection under this clause, and, if necessary, consult with the Contracting Officer; and

(2) Require subcontractors to--

(i) Notify the prime Contractor (or next higher-tier subcontractor) when submitting a request to vary from a NIST

SP 800-171 security requirement to the Contracting Officer, in accordance with paragraph (b)(2)(ii)(B) of this clause; and

(ii) Provide the incident report number, automatically assigned by DoD, to the prime Contractor (or next higher-tier subcontractor) as soon as practicable, when reporting a cyber incident to DoD as required in paragraph (c) of this clause.

252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION SUPPORT (MAY 2016)

Computer software means computer programs, source code, source code listings, object code listings, design details, algorithms, processes, flow charts, formulae, and related material that would enable the software to be reproduced, recreated, or recompiled. Computer software does not include computer data bases or computer software documentation.

Litigation support means administrative, technical, or professional services provided in support of the Government during or in anticipation of litigation.

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Litigation support contractor means a contractor (including its experts, technical consultants, subcontractors, and suppliers) providing litigation support under a contract that contains the clause at 252.204-7014, Limitations on the Use or Disclosure of Information by Litigation Support Contractors.

Sensitive information means controlled unclassified information of a commercial, financial, proprietary, or privileged nature.

The term includes technical data and computer software, but does not include information that is lawfully, publicly available without restriction.

Technical data means recorded information, regardless of the form or method of the recording, of a scientific or technical nature (including computer software documentation). The term does not include computer software or data incidental to contract administration, such as financial and/or management information.

(b) Notice of authorized disclosures. Notwithstanding any other provision of this solicitation or contract, the Government may disclose to a litigation support contractor, for the sole purpose of litigation support activities, any information, including sensitive information, received—

(1) Within or in connection with a quotation or offer; or

(2) In the performance of or in connection with a contract.

(c) Flowdown. Include the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for commercial items.

252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUN 2013)

(a) The Contractor is not required to flow down the terms of any Defense Federal Acquisition Regulation Supplement (DFARS) clause in subcontracts for commercial items at any tier under this contract, unless so specified in the particular clause.

(b) While not required, the Contractor may flow down to subcontracts for commercial items a minimal number of…