REQUEST_FOR_QUOTE.pdf

REQUEST FOR QUOTE

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; quotes are being requested and a written solicitation will not be issued.

This is a notification of a full and open Request for Quote (RFQ), which is expected to result in an award of a

Firm Fixed Priced (FFP) contract for commercial items. The requirement is for Surgical Microscope

Equipment for the Wright Patterson Air Force Base Hopital. All responsible sources may submit a quote, which if received timely, will be considered by the 10 th Contracting Squadron, USAF Academy (USAFA).

Please note: The government bares no legal liability for bid cost associated with this request for quote.

Vendors should not submit a quote unless they are willing to absorb all costs associated with submitting a quote.

Please read and comply with all requirements for submitting a quote. Failure to comply with all instructions contained within this Synopsis/Solicitation could result in the quote being ineligible for award. It is the quoter’s responsibility to ensure their quote meets all the requirements identified herein.

Solicitation FA700-15-T-0048, is a Request for Quote (RFQ) and incorporates FAR provisions and clauses.

The NAICS code for this acquisition is 339112, Surgical and Medical Instrument Manufacturing. Size

Standard 500 employees.

RFQ Closing Date: Quotes must be received not later that 8:00am, Mountain Time, on 24 April 2015.

Quote Submission: All quotes must be sent via email to the Primary POC, Jerry B. Smith at jerry.smith.25@us.af.mil

Delivery Schedule: 4-6 weeks after Receipt of Order.

Delivery Destination: Wright Patterson Air Force Base Ohio

FOB: Destination (As defined in FAR. 2.101—Definitions, the seller or consignor is responsible for the cost of shipping and risk of loss.)

Inspection and Acceptance: Both inspection and acceptance will be by the Government at Destination.

Address Questions to:

10 Cons/LGCB

Attn: Jerry Smith

8110 Industrial Drive

USAFA, CO 80840

Jerry.Smith.25@us.af.mil

(719)333-8267

52.212-1 -- Instructions to Offerors -- Commercial Items.

Instructions to Offerors -- Commercial Items (Apr 2014)

(a) North American Industry Classification System (NAICS) code and small business size standard. The

NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits a quote in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of quotes. Submit signed and dated quotes to the office specified in this solicitation at or before the exact time specified in this solicitation. Quotes may be submitted on, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, quoters must show --

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of quotes;

(3) The name, address, and telephone number of the quoter;

(4) A technical description of the items being quoted in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) “Remit to” address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-

3(b) for those representations and certifications that the quoter shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the quoter is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Quoter’s that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of quote. The quoter agrees to hold the prices in its quote firm for 30 calendar days from the date specified for receipt of quotes, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of quoters. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple quoters. Quoters are encouraged to submit multiple quoters presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each quote submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of quoters.

(1) Quoter’s are responsible for submitting quotes, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that quotes or revisions are due.

(2)

(i) Any quoter, modification, revision, or withdrawal of a quote received at the Government office designated in the solicitation after the exact time specified for receipt of quotes is

“late” and will not be considered unless it is received before award is made, the Contracting

Officer determines that accepting the late quote would not unduly delay the acquisition;

and—

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of quotes; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of quotes and was under the Government’s control prior to the time set for receipt of quotes; or

(C) If this solicitation is a request for quotes, it was the only quote received.

(ii) However, a late modification of an otherwise successful quote, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the quote wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that quoters cannot be received at the Government office designated for receipt of quotes by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of quotes will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Quoters may be withdrawn by written notice received at any time before the exact time set for receipt of quotes. Oral quotes in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile quotes, quotes may be withdrawn via facsimile received at any time before the exact time set for receipt of quotes, subject to the conditions specified in the solicitation concerning facsimile quotes. A quote may be withdrawn in person by a quoter or its authorized representative if, before the exact time set for receipt of quotes, the identity of the person requesting withdrawal is established and the person signs a receipt for the quote.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate quotes and award a contract without discussions with quoters. Therefore, the quoter’s initial quote should contain the quoter’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all quotes if such action is in the public interest; accept other than the lowest quote; and waive informalities and minor irregularities in quotes received.

(h) Multiple awards. The Government may accept any item or group of items of an quote, unless the quoter qualifies the quote by specific limitations. Unless otherwise provided in the Schedule, quotes may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity quoted, at the unit prices quoted, unless the quoter specifies otherwise in the quote.

(i) Availability of requirements documents cited in the solicitation.

(1)

(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--

GSA Federal Supply Service Specifications Section

Suite 8100

470 L’Enfant Plaza, SW

Washington, DC 20407

Telephone (202) 619-8925)

Facsimile (202 619-8978).

(ii) If the General Services Administration, Department of Agriculture, or Department of

Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following

ASSIST websites--

(i) ASSIST (https://assist.dla.mil/online/start/ ).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single

Stock Point (DoDSSP) by—

(i) Using the ASSIST Shopping Wizard ( https://assist.dla.mil/wizard/index.cfm );

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600

EST; or

(iii) Ordering from DoDSSP, Building 4 Section D, 700 Robbins Avenue, Philadelphia, PA

19111-5094, Telephone (215) 697/2197, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Data Universal Numbering System (DUNS) Number. (Applies to quotes exceeding $3,000, and quotes of

$3,000 or less if the solicitation requires the Contractor to be registered in the System for Award

Management (SAM) database. The quoter shall enter, in the block with its name and address on the cover page of its quote, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the quoter’s name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the quoter to establish additional SAM records for identifying alternative

Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the quoter does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. A quoter within the

United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the Internet at http://fedgov.dnb.com/webform. A quoter located outside the United States must contact the local Dun and

Bradstreet office for DUNS number. The quoter should indicate that it is a quoter for a Government contract when contacting the local Dun and Bradstreet office.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of a quote, the quoter acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the quoter does not become registered in the SAM database in the time prescribed by the

Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered quoter. Quoters may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

(l) Debriefing. If a post-award debriefing is given to requesting quoters, the Government shall disclose the following information, if applicable:

https://assist.dla.mil/online/start/ http://quicksearch.dla.mil/ http://assistdocs.com/ https://assist.dla.mil/wizard/index.cfm http://fedgov.dnb.com/webform https://www.acquisition.gov/

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed quoter’s quote.

(2) The overall evaluated cost or price and technical rating of the successful and debriefed quoter and past performance information on the debriefed quoter.

(3) The overall ranking of all quotes, when any ranking was developed by the agency during source selection.

(4) A summary of rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful quoter.

(6) Reasonable responses to relevant questions posed by the debriefed quoter as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of Provision)

Quotes submitted with used, reconditioned, refurbished, gray market or liquidated stock will not be considered for award. Quotes shall be submitted with the following information: solicitation number, contact name, address, telephone number of the quoter, unit price, extended price, any discount terms, delivery terms, cage code, DUNS number, and payment terms. A detailed description of the requirement, specific instructions for submission of quotes, and how quotes will be evaluated are provided below.

REQUIREMENTS FOR QUOTE

Item Unique Identification (IUID) may apply to this acquisition (see DFARS clause 252.211-7003 below)

Buy American Act and certification of compliance is required and must be submitted with quote (see

DFARS clause 252.225-7001)

Salient Characteristics:

The requirement is for a Neuro Surgical Microscope for the Wright Patterson Air Force Base Hospital BMET meeting the following characteristics:

A hands-on electronics trainer with an interactive computer based training program that is compatible with Microsoft Windows 7

Sharable Content Object Reference Model (SCORM) compliant learning modules and curriculum that are modifiable by the end user

Ready to “plug-and-play” without disturbing the existing TCP/IP intranet

Shall be portable in order to transition between operating rooms

Have a working distance including the range of 200-600MM. This allows for the depth of focus and light intensity needed for precision microsurgery in Spine, Neuro, and Plastic procedures.

120V power supply

Centralized brake in order to lock the base during operation. This allows for perfect positioning, before and during operation.

Capable of auto-balancing. The auto-balance must not exceed 5 seconds and must be capable of being accomplished in the surgical suite during procedures.

Capability to customize and adapt optics to each individual user preference. Shall be able to smoothly maneuver with full range of movement and tilt of the optics carrier.

Binoculars with 360 degree rotation capability.

Ability to store and save a provider’s settings and preferences in order to allow for staff to quickly set up for a procedure, to reduce Operating Room time.

The camera and recording of the microscope shall be high definition, with a fluorescence module that allows for blood passages to be fluoresced during vascular surgery.

Hi Definition 24 inch monitor at a minimum.

Minimum 400W xenon light source. It shall also provide two light sources on independent circuits in the event one were to malfunction, it would auto switch to second light source;

the system shall not be disabled." So removing auto replacement, the unit would auto replace the bulb (physically) when one dies.

A system in place in order to control the amount of light being used.

Capable of delivering auto-fluorescent and auto-gain for vascular surgeries, to include brain aneurism, AVM (arteriovenous malformation) and 5-ALA oncological fluorescence

Utilize a counterweight kit

Capable of 1080p Recording

Compliant with Food and Drug Administration (FDA) requirements

EVALUATION FACTORS

The Government will use Simplified Acquisition Procedures permitted by FAR 13.5-Test Program for Commercial Items to evaluate Quotes submitted in response to the RFQ. Award will be made to the responsible quoter whose quote conforming to the RFQ will be most advantageous to the

Government, price and other factors considered. The Government reserves the right to award no contract at all depending upon the quality of quotes received and whether proposed prices are fair and reasonable. The factors that shall be used to evaluate quotes are Salient Characteristics and Price, as expounded below. The evaluation does not permit tradeoffs between price and non-price factors.

FACTOR 1 – Salient Characteristics: Pursuant to evaluation of all requirements, the salient characteristic factor will receive and overall rating of either "Acceptable," or "Unacceptable" using the rating and descriptions in the table below.

Rating Description

Acceptable Quote clearly meets the minimum salient characteristics of the RFQ.

Unacceptable Quote does not clearly meet the minimum requirement of the RFQ.

In determining whether a quote is Acceptable or Unacceptable, the Government will consider the extent to which the vendor can:

Deliver equipment that meets salient characteristics within

4 t o 6 w e e k s after receipt of award;

Provide the equipment that meets the minimum specified salient characteristics;

FACTOR 2 Price: Price quotes will be evaluated to determine which vendor quoted the lowest price to the Government if the equipment listed therein are purchased at the rates proposed, and to determine if prices are otherwise fair and reasonable.

Provide pricing for each of the following line Items in whole dollars:

The all- inclusive price of the Surgical Microscope will be the final evaluated price.

TOTAL PRICE

An award, if any, will be made to the responsible quoter who submits a quote that ( 1) conforms to the requirements of the RFQ; (2) that receives a rating of "Acceptable" on the salient characteristics evaluation factor; and (3) that submits the quote with the lowest total evaluated price (TEP), provided that the TEP is not unbalanced and is fair and reasonable.

The provision at FAR 52.212-2, Evaluation--Commercial Items apply to this acquisition. The

Government will consider quotes resulting from this solicitation f r o m responsive responsible quoter’s whose quote conforming to the solicitation will be most advantageous to the government, price and other factors considered. The following factors shall be used to evaluate quotes: Quoter must identify how they intend to comply with the IUID requirement, i.e., what method of marking will be used. Award will be made on the basis of determining the quoter with the lowest evaluated price which meets or exceeds the requirements. Once a quote has been determined to meet the required characteristics / is determined acceptable then the quoter with the lowest evaluated price will be awarded the contract.

CLIN Description Qty Unit Price$

0001 Surgical Microscope 1 $

If a quote does not meet the required characteristics and is not acceptable it will not be considered;

this includes failure to comply with IUID requirement.

The following clauses apply to this acquisition.

The clause at FAR 52.212-4, Contract Terms and Conditions--Commercial Items applies to this acquisition and the following addenda, applies:

FAR 52.252-2 Clauses Incorporated by Reference: This solicitation incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. The full text of a clause may be accessed electronically at this address: http://farsite.hill.af.mil/.

The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive

Orders-Commercial Items (Deviation) applies to this acquisition. Additional FAR clauses cited in the clause applicable to this acquisition are:

The provision at FAR 52.212-3, quoter Representations and Ce1tifications - Commercial Items (Alt

I), must be completed. quoters are HIGHLY ENCOURAGED to complete all representations and certifications electronically on line at: www.sam.gov. If not completed on-line, 52.212-3, with its

Alt I shall be completed in hard copy and submitted with quote.

Vendors must be registered with sam.gov to conduct business with the Department of Defense.

No purchase order can be awarded to any company without this registration. (www.sam.gov)

FAR and DFARS CLAUSES INCORPORA TED BY REFERENCE

52.219-6 Notice of Total Small Business Set-aside NOV 2011

52.203-6 Restrictions on Subcontractors sales to the Government SEP 2006

52.204-10 Reporting Executive Compensation and First-Tier subcontract Awards

JUL 2013

52.209-6 Protecting the Government’s Interest When Subcontracting with AUG 2013

Contractors Debarred, Suspended, or Proposed for Debarment

52.212-4 Contract Terms and Conditions -- Commercial Items DEC 2014

52.219-8 Utilization of SB Concerns NOV 2011

52.219-28 Post-Award Small Business Program Representation JUL 2013

52.222-3 Convict Labor JUN 2 0 0 3

52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2014

52.222-21 Prohibition of Segregated Facilities FEB 1999

52.222-26 Equal Opportunity MAR 2007

52.222-35 Equal Opportunity for Veterans JUL 2014

52.222-36 Affirmative Action for Workers with Disabilities JUL 2014

52.222-37 Employment Reports on Veterans JUL 2014

52.222-40 Notification of Employee rights DEC 2010

52.222-50 Combating Trafficking in Persons FEB 2009

52.223-15 Energy Efficiency in Energy-Consuming Products DEC 2007

52.223-16 Acquisition of EPEAT® -Registered Personal Computer JUN 2014

Products

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 http://farsite.hill.af.mil/ http://www.sam.gov/

52.232-33 Payment by Electronic Funds Transfer--Central Contractor J U L 2 0 1 3

Registration

52.223-15 Energy Star DEC 2007

52.223-18 Contractor Policy to Ban Texting while driving AUG 2011

52.225-13 Restrictions on certain foreign Purchases JUN 2008

52.232-40 Providing Accelerated Payments to Small Business Subcontractor DEC 2013

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

252.211-7003 Item Unique Identification and Valuation DEC 2013

252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011

252.203-7005 Representation Relating to Compensation of Former DoD Officials NOV 2011

252.225-7001 Buy American And Balance Of Payments Program DEC 2012

252.225-7002 Qualifying Country Sources As Subcontractors DEC 2012

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic SEP 2004

Enterprises and Native Hawaiian Small Business Concerns

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006

252.244-7000 Subcontracts for Commercial Items JUN 2013

252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (DEVIATION 2013-O0019) (Jul

2014)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller

General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(b)

(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and

(3)), in all subcontracts that quoter further subcontracting opportunities. If the subcontract

(except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that quoter subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

(vi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(vii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

(viii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(ix) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.)

(x) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(xi) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41

U.S.C. 351, et seq.).

(xii) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for

Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.)

(xiii) 52.222-54, Employment Eligibility Verification (Jul 2012).

(xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009)

(Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause

52.226-6.

(xvi) 52.247-64, Preference for Privately-Owned U.S.- Flag Commercial Vessels (Feb 2006)

(46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

252.204-7012 Safeguarding of Unclassified Controlled Technical Information.

SAFEGUARDING OF UNCLASSIFIED CONTROLLED TECHNICAL INFORMATION (NOV 2013)

(a) Definitions. As used in this clause—

“Adequate security” means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information.

“Attribution information” means information that identifies the Contractor, whether directly or indirectly, by the grouping of information that can be traced back to the Contractor (e.g., program description or facility locations).

“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 information system” means an information system belonging to, or operated by or for, the

Contractor.

“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 is to be marked with one of the distribution statements B-through-F, in accordance with DoD Instruction 5230.24, Distribution Statements on Technical Documents.

The term does not include information that is lawfully publicly available without restrictions.

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

“Exfiltration” means any unauthorized release of data from within an information system. This includes copying the data through covert network channels or the copying of data to unauthorized media.

“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 information is recorded, stored, or printed within an information system.

“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-Non Commercial 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) Safeguarding requirements and procedures for unclassified controlled technical information. The Contractor shall provide adequate security to safeguard unclassified controlled technical information from compromise. To provide adequate security, the

Contractor shall—

(1) Implement information systems security in its project, enterprise, or company-wide unclassified information technology system(s) that may have unclassified controlled technical information resident on or transiting through them. The information systems security program shall implement, at a minimum—

(i) The specified National Institute of Standards and Technology

(NIST) Special Publication (SP) 800-53 security controls identified in the following table; or

(ii) If a NIST control is not implemented, the Contractor shall submit to the Contracting Officer a written explanation of how—

(A) The required security control identified in the following table is not applicable; or

(B) An alternative control or protective measure is used to achieve equivalent protection.

(2) Apply other information systems security requirements when the Contractor reasonably determines that information systems security measures, in addition to those identified in paragraph (b)(1) of this clause, may be required to provide adequate security in a dynamic environment based on an assessed risk or vulnerability.

Table 1 -- Minimum Security Controls for Safeguarding

Minimum required security controls for unclassified controlled technical information requiring safeguarding in accordance with paragraph (d) of this clause. (A description of the security controls is in the NIST SP 800-http://www.acq.osd.mil/dpap/dars/dfars/html/current/252227.htm#252.227-7013

53, “Security and Privacy Controls for Federal Information Systems and Organizations”

(http://csrc.nist.gov/publications/PubsSPs.html).)

Access Control

Audit &

Accountability

Identification and

Authentication Media Protection

System & Comm

Protection

AC-2 AU-2 IA-2 MP-4 SC-2

AC-3(4) AU-3 IA-4 MP-6 SC-4

AC-4 AU-6(1) IA-5(1)

SC-7

AC-6 AU-7

Physical and

Environmental

Protection SC-8(1)

AC-7 AU-8 Incident Response PE-2 SC-13

AC-11(1) AU-9 IR-2 PE-3

AC-17(2)

IR-4 PE-5 SC-15

AC-18(1)

Configuration

Management IR-5

SC-28

AC-19 CM-2 IR-6

Program

Management

AC-20(1) CM-6

PM-10

System &

Information

Integrity

AC-20(2) CM-7 Maintenance

SI-2

AC-22 CM-8 MA-4(6) Risk Assessment SI-3

MA-5 RA-5 SI-4

Awareness &

Training Contingency Planning MA-6

AT-2 CP-9

Legend:

AC: Access Control MA: Maintenance

AT: Awareness and Training MP: Media Protection

AU: Auditing and Accountability PE: Physical & Environmental Protection http://csrc.nist.gov/publications/PubsSPs.html

CM: Configuration Management PM: Program Management

CP: Contingency Planning RA: Risk Assessment

IA: Identification and Authentication SC: System & Communications Protection

IR: Incident Response SI: System & Information Integrity

(c) Other requirements. This clause does not relieve the Contractor of the requirements specified by applicable statutes or other Federal and DoD safeguarding requirements for

Controlled Unclassified Information (CUI) as established by Executive Order 13556, as well as regulations and guidance established pursuant thereto.

(d) Cyber incident and compromise reporting.

(1) Reporting requirement. The Contractor shall report as much of the following information as can be obtained to the Department of Defense via

(http://dibnet.dod.mil/) within 72 hours of discovery of any cyber incident, as described in paragraph (d)(2) of this clause, that affects unclassified controlled technical information resident on or transiting through the Contractor’s unclassified information systems:

(i) Data Universal Numbering System (DUNS).

(ii) Contract numbers affected unless all contracts by the company are affected.

(iii) Facility CAGE code if the location of the event is different than the prime Contractor location.

(iv) Point of contact if different than the POC recorded in the

System for Award Management (address, position, telephone, email).

(v) Contracting Officer point of contact (address, position, telephone, email).

(vi) Contract clearance level.

(vii) Name of subcontractor and CAGE code if this was an incident on a Sub-contractor network.

(viii) DoD programs, platforms or systems involved.

(ix) Location(s) of compromise.

http://dibnet.dod.mil/

(x) Date incident discovered.

(xi) Type of compromise (e.g., unauthorized access, inadvertent release, other).

(xii) Description of technical information compromised.

(xiii) Any additional information relevant to the information compromise.

(2) Reportable cyber incidents. Reportable cyber incidents include the following:

(i) A cyber incident involving possible exfiltration, manipulation, or other loss or compromise of any unclassified controlled technical information resident on or transiting through Contractor’s, or its subcontractors’, unclassified information systems.

(ii) Any other activities not included in paragraph (d)(2)(i) of this clause that allow unauthorized access to the Contractor’s unclassified information system on which unclassified controlled technical information is resident on or transiting.

(3) Other reporting requirements. This reporting in no way abrogates the

Contractor’s responsibility for additional safeguarding and cyber incident reporting requirements pertaining to its unclassified information systems under other clauses that may apply to its contract, or as a result of other U.S. Government legislative and regulatory requirements that may apply (e.g., as cited in paragraph (c) of this clause).

(4) Contractor actions to support DoD damage assessment. In response to the reported cyber incident, the Contractor shall—

(i) Conduct further review of its unclassified network for evidence of compromise resulting from a cyber-incident to include, but is not limited to, identifying compromised computers, servers, specific data and users accounts. This includes analyzing information systems that were part of the compromise, as well as other information systems on the network that were accessed as a result of the compromise;

(ii) Review the data accessed during the cyber incident to identify specific unclassified controlled technical information associated with DoD programs, systems or contracts, including military programs, systems and technology; and

(iii) Preserve and protect images of known affected information systems and all relevant monitoring/packet capture data for at least

90 days from the cyber incident to allow DoD to request information or decline interest.

(5) DoD damage assessment activities. If DoD elects to conduct a damage assessment, the Contracting Officer will request that the Contractor point of contact identified in the incident report at (d)(1) of this clause provide all of the damage assessment information gathered in accordance with paragraph (d)(4) of this clause.

The Contractor shall comply with damage assessment information requests. The requirement to share files and images exists unless there are legal restrictions that limit a company's ability to share digital media. The Contractor shall inform the

Contracting Officer of the source, nature, and prescription of such limitations and the authority responsible.

(e) Protection of reported information. Except to the extent that such information is lawfully publicly available without restrictions, the Government will protect information reported or otherwise provided to DoD under this clause in accordance with applicable statutes, regulations, and policies. The Contractor shall identify and mark attribution information reported or otherwise provided to the DoD. The Government may use information, including attribution information and disclose it only to authorized persons for purposes and activities consistent with this clause.

(f) Nothing in this clause limits the Government’s ability to conduct law enforcement or counterintelligence activities, or other lawful activities in the interest of homeland security and national security. The results of the activities described in this clause may be used to support an investigation and prosecution of any person or entity, including those attempting to infiltrate or compromise information on a contractor information system in violation of any statute.

(g) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (g), in all subcontracts, including subcontracts for commercial items.

(End of clause)

252.225-7000 BUY AMERICAN--BALANCE OF PAYMENTS PROGRAM CERTIFICATE (JAN

2014)

(a) Definitions. "Commercially available off-the-shelf (COTS) item," "component," "domestic end product," "foreign end product," "qualifying country," "qualifying country end product and United

States have the meanings given in the Buy American and Balance of Payments Program clause of this

(b) solicitation.

(c) Evaluation. The Government--

(1) Will evaluate quotes in accordance with the policies and procedures of Part 225 of the Defense

Federal Acquisition Regulation Supplement; and

(2) Will evaluate quotes of qual ifying country end products without regard to the restrictions of the

Buy American statute or the Balance of Payments Program.

(d) Certifications and identification of country of origin.

(2) For all line items subject to the Buy American Act and Balance of Payments Program clause of this solicitation, the quoter certifies that--

(i) Each end product, except those listed in paragraph (c)(2) or (3) of this provision, is a domestic end product; and

(ii) For end products other than COTS items, components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country.

(3) The quoter certifies that the following end products are qualifying country end products: (Line Item Number Country of Origin)

(Country of Origin)

(4) The following end products are other foreign end products, including end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a

COTS item and does not meet the component test in paragraph (ii) of the definition of "domestic end product": (Line Intern Number)-----------------------------------------------------

(Country of Origin (If known))-----------------------------------------

252.232-7006 Wide Area Workflow Payment Instructions.

As prescribed in 232.7004(b), use the following clause:

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in

Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of

Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award

Management at https://www.acquisition.gov; and http://www.acq.osd.mil/dpap/dars/dfars/html/current/232_70.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm https://www.acquisition.gov/

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-

Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

(Contracting Officer: Insert applicable document type(s).

Note: If a “Combo” document type is identified but not supportable by the Contractor’s business systems, an

“Invoice” (stand-alone) and “Receiving Report” (stand-alone) document type may be used instead.)

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

(Contracting Officer: Insert inspection and acceptance locations or “Not applicable.”)

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC F67100

Issue By DoDAAC FA7000

Admin DoDAAC FA7000

Inspect By DoDAAC FE7000 https://wawf.eb.mil/ https://wawf.eb.mil/

Ship To Code

Ship From Code

Mark For Code

Service Approver (DoDAAC) FE7000

Service Acceptor (DoDAAC) FE7000

Accept at Other DoDAAC

LPO DoDAAC

DCAA Auditor DoDAAC

Other DoDAAC(s)

(*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”)

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

(Contracting Officer: Insert applicable email addresses or “Not applicable.”)

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

(Contracting Officer: Insert applicable information or “Not applicable.”)

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

(End of clause)

52.212-4(c) CHANGES

Text in paragraph (c) is deleted and replaced with the following:

Changes in terms and conditions of this contract may be made only by written agreement of the parties with the exception of certain changes such as administrative changes including changes in paying office, appropriations data, etc. authorized by the Federal Acquisition Regulation and its supplements that may be made unilaterally by the Contracting officer (for a complete list of changes that may be made unilaterally, see

FAR 43.103(b)).

(End of Addendum)

5352.201-9101 Ombudsman (June 2010):

An ombudsman has been appointed to hear and facilitate the resolution of concerns from quoter s, potential quoter s, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Furnisher, the ombudsman does not participate in the evaluation of quotes, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the party to another official who can resolve the concern

(a) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB

Circular A-76 competition performance decisions).

(b) If resolution cannot be made by the contracting officer, concerned parties may contact the USAF

Academy Ombudsmen, James Anderson

81 10 Industrial Drive, Ste 103 USAFA, CO 80840

Telephone number 719-333-2074

FAX 719-333-9018

email: james.anderson.72@us.af.mil mailto:Kelly.Snyder@usafa.af.mil