Golden Gate Call - Final.pdf
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- Solicitation number
- FA8600-23-S-C056-0001
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Department of the Air Force
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OVERVIEW
This Commercial Solutions Opening (CSO) Call solicitation is issued in accordance with Section 803 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2022
(Pub. L. 117-81) and Class Deviation 2022-O0007.
NAICS Code and associated description: 518210
Federal Agency Name and Contracting Officer: AFLCMC, Marina Schemmel, marina.schemmel@us.af.mil
Commercial Solutions Opening Title: This is a combined synopsis/solicitation: AFLCMC Data Operation CSO Call 1 titled “Project Golden Gate.”
Commercial Solutions Opening Number: FA8600-23-S-C056-0001
Commercial Solutions Opening Type: This is the initial announcement under Call 1. This will be a Two-Step Closed Call.
First Step: WHITE PAPER DUE DATE AND TIME: White Papers will be accepted until 27 February 2023 at 0900 ET. White Papers may be submitted at any time during this period.
White Papers received after specified date and time, will be considered late in accordance with FAR 52.212-1(f).
Second Step: PROPOSAL DUE DATE AND TIME: To be provided in the Requests for Proposal (RFP) sent to offerors that submit White Papers considered to be of further interest to
AFLCMC.
Submission POC: White Papers must be submitted via email to the following Contracting Points of Contact (POCs):
Contracting Officer Name: Marina Schemmel Email: marina.schemmel@us.af.mil
Contract Specialist Name: Stephen McGuire Email: stephen.mcguire.5@us.af.mil mailto:marina.schemmel@us.af.mil
FULL TEXT – CALL 1
Project Golden Gate
1.0 Overview
This Commercial Services Opening (CSO) Call is intended to be a streamlined solicitation to allow for the establishment of a modern Data Operations (DataOps) solutions supporting a variety of critical national security systems. Air Force Life Cycle Management Center (AFLCMC) invites innovating technical white papers and proposals addressing the following aspects of Digital Infrastructure (DI), detailed in the user story focus areas below. This requires delivering an enduring, secure, robust, efficient, responsive, agile, elastic, and extensible DI solution spanning all classification levels.
Many AFLCMC projects operate in varying classification environments, including highly classified environments (collateral, Sensitive Compartmentalized Information, and Special Access Program). Though some DI Focus Areas may require unclassified work, respondents should be aware that to be eligible for any contract/instrument award, offerors must be cleared to work, or have the ability to be cleared to work, in highly classified environments.
Specifically, offerors must have at least 2 personnel with an active Secret clearance, to participate in an industry day (tentatively planned for March 2023), if invited. If offeror intends to perform classified work at their facility (or subcontractor/sub-awardee’s facility), they will need to provide a Facility Accreditation Letter (FAL) for each facility to the Contracting Officer/Agreements Officer by no later than (NLT) contract award (anticipated May 2023).
This CSO Call may result in the award of a FAR Part 12 contract or an Other Transaction Agreement (OTA) under 10 USC 4022, to include an Other Transaction for Prototype Project pursuant to 10 USC 4022. AFLCMC intends to follow the processes identified in the “AFLCMC Data Operations CSO” unless otherwise noted or annotated in this Call. AFLCMC is not obligated to make any awards as a result of this Call and all awards are explicitly subject to the availability of funds and successful negotiations. The Government is not responsible for any monies expended by any offeror prior to the issuance of any awarded contract/agreement.
AFLCMC reserves the right to modify the solicitation requirements of this CSO Call at its’ sole discretion.
2.0 Digital Infrastructure (DI) Technology Focus Areas (User Stories)
AFLCMC requires offerors to deliver a state-of-the-art commercial solution that innovates all, some, or one of the following capability areas which will address a specific subset of AFLCMC programs. Offerors may propose a solution that addresses some, all, or one of the capabilities detailed below. Anticipated delivery dates are provided after each user story. Offerors should state their anticipated delivery date for each of their proposed solutions, even if it is the same as the Government’s estimate.
Each Technology Focus Area identifies an area where prospective offerors can bring substantial value to meet the DI mission. The four user stories detailed below are meant to be read expansively and not limited to the enumerated Focus Areas. Additionally, other Focus Areas may be explicitly included via amendments to this Call or on a separate call altogether. The offeror’s proposed solution, including a Minimum Viable Product (MVP) or “hello world”, should specifically address one or more of the following user stories, which will act as a Statement of Objectives (SOO) for this Call:
1. Core Cloud Computing Capabilities:
User Story: Currently, an AFLCMC organization operates an on-premises (on-prem) development network, supporting comprehensive DevSecOps through a robust continuous integration, continuous deployment (CI/CD) pipeline. On-prem infrastructure has limited AFLCMC’s ability to operate at the speed of relevance. Some teams have even been confronted with temporary work stoppages due to limitations on compute, network, and storage resources. In addition to current limitations, procurement of additional hardware to bolster on-prem capabilities has been plagued with long lead times that extend beyond 200 days and the workload associated with procurement has occupied an impractical amount of time for key AFLCMC employees.
Intent: AFLCMC seeks an offeror to help deliver and transition to hyper-elastic compute and storage capability at IL6+, which includes unique Department of Defense (DoD) and Intelligence handling caveats. This includes data classification at unclassified, classified secret, top secret, and special access program (SAP) levels. Multi-tenancy is crucial to mission success, and AFLCMC prefers a core cloud provider to offer software as a service (SaaS), platform as a service (PaaS) and infrastructure as a service (IaaS) which can support multiple different programming languages, tools, and frameworks.
Underlying hyper-elastic cloud service should maintain availability and reliability of 99% and have the capability to support automated disaster recovery functionality to support Continuity of Operations (CoOPS). Hyper-elastic compute and storage shall provide automated, on-demand, distributable, immutable, and ephemeral cloud infrastructure services at all classification levels. Core Cloud shall include enabled automatic data tagging, handling, and presentation. AFLCMC seeks an offeror that would also be able to assist with required procurement to enable the proposed solution.
Key Capabilities Sought: Cloud, CoOPS, Supply Chain Procurement, Data Tagging, DevSecOps Optimization
Anticipated Delivery Date: 12 months after receipt of order (ARO)
2. Network in a Box (NiaB) Deployment
User Story: AFLCMC operates a network which allows for collaborative communication and development between key stakeholders at an IL 6+ (S//SAR) level.
There are currently more than thirty (30) open requests from various organizations attempting to get a connection to said network. Establishing a connection requires each organization to create their own wide area network (WAN) or local area network (LAN) in an accredited and secure space before requesting to connect into AFLCMC’s collaboration network. Most organizations do not have the experience or expertise to do this, leading to prohibitively long timelines between a request for network connection and date when the connection is active. This process is extensive and requires rigorous cybersecurity compliance and approval processes, ordering of long-lead hardware, and network configuration.
Intent: To support our system program offices, AFLCMC desires an easily accreditable Network in a Box (NiaB) capability to deploy a network configuration and connection to new locations within 60 days of ordering. NiaB solutions should come with all required hardware including, but not limited to: cybersecurity compliant firewalls, crypto (Taclanes or Commercial Solutions for Classified (CSfC)), servers, VoIP phones, workstations, keyboard, video, and mouse (KVMs), etc., as well as deployable personnel with information assurance and cybersecurity expertise in establishing and accrediting stand-alone, air gapped networks in secure spaces. Deployable individuals must also have expertise with Authorities to Connect (ATC) or Interservice Agreements (ISAs).
Key Capabilities Sought: Cybersecurity Compliance Solutions, Supply Chain Optimization, Deployable Personnel, NiaB
Anticipated Delivery Date: 4 months ARO
3. Edge Data Transport
User Story: An AFLCMC organization is planning a test at a simulated forward deployed location which may be CONUS or OCONUS. In the past, AFLCMC members have had to physically courier data boxes from the test location to a separate location for ingestion and analysis. This required an incredibly heavy lift in terms of financial burden, personnel needed, and limited AFLCMC’s ability to analyze and respond to data points collected in the test in a relevant timeline.
Intent: AFLCMC seeks an offeror that will provide an edge node with two-way network connection at a CONUS or OCNUS test location that will provide near-real time ingestion and transport of data at the sight of collection via a cloud provider or accredited hybrid cloud network. An ideal solution would be able to transport up to one petabyte of data to anywhere in the continental United States within 8 (objective) to 24 (threshold) hours via a hybrid cloud or cloud connection. Initially, the data sets would largely exist in a Controlled Unclassified Information (CUI) state. However, AFLCMC would also be interested in an edge node that is an IA approved portable SAP environment with up to four (4) workstations and associated hardware required for data ingestion and transport at higher classification levels. An ideal solution would provide the associated hardware, software, and network connectivity to address the user story and intent.
Key Capabilities Sought: Big Data, Data Transport, Hybrid Cloud
Anticipated Delivery Date: 4 months ARO
4. One-Way Data Transfer as a Service (DTaaS)
User Story: AFLCMC currently has multiple organizations that operate at different classification levels. DevSecOps principals suggest developers code at the lowest level possible and then push up to improve velocity. While many AFLCMC organizations operate with a posture of multitenancy, many do not have a succinct way to one-way transport data from lower classification networks to higher classification networks without a manual Data Transfer Approval (DTA) process. The current process from low to high currently takes anywhere from 48-72 hours or more, which does not allow AFLCMC to operate at velocity required for mission success. The largest pain points exist between IL2 to IL5 and IL5 to IL 6+.
Intent: AFLCMC seeks an offeror who can provide a comprehensive, one-way DTaaS solution. This solution will have to interface with on-prem, hybrid, and cloud networks at various classification levels, including SAP. An ideal offeror for AFLCMC will have experience with DTaaS, Data Diodes, and expertise with cyber security approval of such a process. An offeror shall provide historical examples or bodies of evidence the support the use of DTaaS to a cybersecurity compliance department.
Key Capabilities Sought: DTaaS, Information Assurance (IA)
Anticipated Delivery Date: 4 months ARO
3.0 TWO-STEP CLOSED CALL
3.1 Overview: This call will be a Two-Step Closed call. White papers may be submitted at any time prior to the due date and time specified in this Call. Offerors are responsible for monitoring SAM.gov for any amendments to this Call that may have updated information. White Papers will be evaluated against the criteria detailed below.
After the submitted white papers have been evaluated by AFLCMC, offerors will be notified if they have been selected to submit a full proposal for Step 2.
Step 1: White Paper due date and time is 27 February 2023 at 0900 ET. AFLCMC, at its sole discretion, may or may not request a presentation or discussion with Government personnel about the White Paper after notification of selection for Step 2, which may occur as one-on-one meetings or through an industry day.
Step 2: Proposal due date and time will be provided in Requests for Proposal (RFPs) sent to offers that submit White Papers that meet or exceed evaluation criteria contained in this Call.
4.0 Definitions: Refer to initial CSO posting FA8600-23-S-C056 (Section 4.0).
5.0 Contract/Agreement Details:
As stated in the Overview Section, awards issued under this CSO Call can result in the award of either a FAR Part 12 Contract or an Other Transaction Agreement (OTA) under 10 U.S.C. 4022.
Regardless of the contract instrument, AFLCMC chooses to pursue the Contract/Agreement type for all as Fixed Price, which includes Firm Fixed Price (FFP) and Fixed Price Incentive (FPI).
The Government will be the sole decision authority on whether to pursue a FAR Part 12 Contract, an OTA, or no award at all. The Government reserves the right to award some, all, or none of the proposal from the responses to each Call. The Contracting/Agreements Officer reserves the right to negotiate directly with the offeror on the terms and conditions prior to execution of the resulting contract/agreement on behalf of the Government. Be advised that only a Contracting/Agreements Officer has the authority to enter into, or modify, a binding contract/agreement on behalf of the United States Government.
For additional Contract/Agreement details, refer to initial CSO posting FA8600-23-S-C056 (Section 5.0)
6.0 Closed Calls
6.2. Two Step Closed Call Process
AFLCMC reserves the right to award against each user story independently of one another. Offerors shall propose to each user story independently under one response. (For example, company X may submit a proposal for user story 1 & 3 in their response, while company Y may submit a proposal to only user story 4 in their respective response.)
Offerors may propose to all, some, or one of the user stories. AFLCMC will not give preferential treatment for responding to a higher quantity of user stories, so offerors are encouraged to focus on areas where they can add the most benefit. User story responses will be evaluated and down selected for continuation into Step Two independently of one another. (For example, AFLCMC reserves the right to suggest company X move forward into step two for their response to user story 1, but not user story 3). Only one response (which may address multiple user stories) will be accepted from each offeror.
As a reminder, responses must be UNCLASSIFIED. AFLCMC will not accept classified white papers or proposals under this Call.
STEP 1 INSTRUCTIONS: Below is the required structure and required content for proposal submission for this Call. Offeror responses shall be submitted to Mr. Steve McGuire, at stephen.mcguire.5@us.af.mil, and Ms. Marina Schemmel, at marina.schemmel@us.af.mil, on 27 February 2023 at 0900 ET via email in either PDF, Word, or PowerPoint file types and shall include the following:
Part 1 - Cover Page: Offeror’s cover page must include the following information:
a. Offeror Name
b. Offeror Address
c. Offeror technical, programmatic, and contracts points of contact (PoC)
d. List whether your organization qualifies as any of the following in accordance with
FAR Part 19: Small Business (SB), Small Disadvantaged Business (SDB), Woman- Owned Small Business (WOSB), HUBZone Small Business, Veteran-Owned Business, Service-Disabled Veteran Owned Small Business (SDVOSB), Historically Black College or University (HBCU) and Minority Institution
e. Security Information:
a. CAGE Code
b. Cognizant Security Office
i. Name
ii. Address
iii. Phone Number
Part 2 - Questionnaire Responses: Offerors shall address all the following questions:
a. Which user story(ies) is your organization responding to?
A. Core Cloud Computing Capabilities: (Y/N) B. Network in a Box (NiaB) Deployment: (Y/N) C. Edge Data Transport: (Y/N) D. One-Way Data Transfer as a Service (DTaaS): (Y/N)
b. Is your organization a cloud service provider (CSP)? (Y/N)
c. If your organization is not a cloud service provider, does your organization have experience with…
1. Amazon Web Services? (Y/N)
2. Google Cloud? (Y/N)
3. Oracle Cloud? (Y/N)
4. Microsoft Azure? (Y/N)
5. IBM? (Y/N)
d. Provide a list of general classification levels and additionally proscribed categories from the below options that your organization has utilized for past projects.
(UNCLASSIFIED / CUI / SECRET / SECRET SAR / TOP SECRET/ TOP SECRET
SAR / TOP SECRET SCI) Note: Do not provide any classified information regarding past projects on your white paper submission, to include contract/agreement numbers (PIIDs).
e. Is your organization willing and able to sign a Cooperative Research and Development Agreement to facilitate initial classified communication and scope discussions? (Y/N) (An example of a CRADA can be provided upon request)
f. Does your organization have experience with air-gapped systems? (Y/N)
g. AFLCMC problems require solutions that work in both Windows and Linux environments. Is/are the solutions your organization put forward compatible with both Windows and Linux? (Y/N)
h. AFLCMC problems may require solutions that necessitate an offeror to be familiar with coding languages. Does your organization have experience or expertise with any coding languages? AFLCMC has specific interest in Modern C++ (17+), Java11, and Python3. (Three sentence max)
Part 3 - User Story Response(s): An offeror may submit responses to one, some, or all the user stories detailed in paragraph 2 above. Each response shall be written so that they can be evaluated individually by the Government. Offerors shall submit a response to each user story they wish to provide a solution for, not to exceed two (2) pages plus a title page each. The User Story Response(s) must include the following:
a. A suggested technical solution, including a definition of a minimum viable product (MVP) or “hello world” covering a potential proof of concept;
b. A rough transition to work plan;
c. Any ground rules/assumptions on which your solution is based;
d. A rough cost estimate (ROM) for your solution;
e. An estimated delivery date for the offeror-defined MVP or “hello world;” and
f. One or multiple examples of experience (Demonstrated experience with air gapped
IT systems, classified networks, and special access programs is preferred).
STEP 2 INSTRUCTIONS: The Government will invite offerors determined to be “Selectable” (as defined in paragraph 4.0) to submit full proposals based on favorable evaluation results of White Papers within 30 days of the White Paper submission date.
Proposals will be requested via a Request for Proposal letter by the Contracting Officer and will contain separate submission instructions and applicable due dates and timelines.
After offerors are notified of the status of their Step 1 White Paper, an optional industry day or technical interchange meeting will be scheduled for offerors selected for Step 2 proposals, tentatively scheduled for March 2023.
Unsuccessful offerors will be notified by the Government, either via email or letter, to inform them that the proposed effort is not of interest to the Government at this time.
8.0 Evaluation Criteria
8.1 Step 1 White Paper Evaluation Criteria: The Government will review the offeror’s White Paper to determine if it has the potential to meet AFLCMC’s needs based on the following criteria, which are listed in equal order of importance:
1. E – Experience: Has the offeror demonstrated experience in the user story areas?
Does offeror have demonstrated experience as or with a cloud service provider
(CSP)?
2. A – Access: Is the offeror eligible for security access to AFLCMC programs, specifically 2 personnel with an active Secret clearance, at minimum, with at least one Special Access Program (SAP) read-in to facilitate a S//HVSACO conversation by industry day (planned for March 2023)?
3. C- Cost: Is appropriate funding available?
4. T – Technical: Does the White Paper provide sufficient technical detail of the proposed technical solution, including the MVP or “Hello World,” which is novel and implementable for AFLCMC?
8.2 Step 2 Proposal Evaluation Criteria:
Each user story proposal will be evaluated by the Government and stand on its own technical merit. Proposals will be evaluated in accordance with the following evaluation criteria:
1. T- Technical:
a. The potential for the Government to transition the deliverables to future
Government needs. Any proposed restriction on technical data or computer software will be considered.
b. Is there value for AFLCMC in the offeror’s proposed MVP or “hello world” definition?
c. Is the offeror’s proposed solution feasible to be delivered within the time constraints of the anticipated award?
d. Is the offeror’s proposed solution either a covered system, a part of a covered system, or in support of a covered system as defined in DFARS 239.7301? If the offeror’s proposed solution meets the definitions in DFARS 239.7301, does the offeror’s proposed solution meet qualification standards established in accordance with the requirements of 10 U.S.C. 3243, for the purpose of reducing supply chain risk in the acquisition of covered systems? (See DFARS 212.301)
2. P - Price: The proposed price will be evaluated for reasonableness.
8.3 No other criteria will be used.
8.4 Based on the Government’s evaluation, proposals will be categorized as Selectable or Not Selectable (see definitions below). The selection of one or more sources for award will be based on the Government’s evaluation, as well as importance to agency programs and funding availability.
1. Selectable: Proposal is recommended for acceptance if sufficient funding is available.
2. Not Selectable: Even if sufficient funding existed, the proposal should not be funded.
8.5 NOTE: The Government reserves the right to award all, some, one, or none of the white papers and proposals received. When the Government elects to award only a part of a proposal, the selected part may be categorized as Selectable, though the proposal as a whole may not merit such a categorization.
8.6 Prior to award of a potentially successful offeror, the Contracting Officer/Agreements Officer will make a determination regarding price reasonableness.
9.0 General Proposal Information
9.1 Proposal Content: See paragraph 6.2, Step 1 Instructions, for details on what to include in White Paper submissions.
9.2 Proprietary Information
Information constituting a trade secret, commercial or financial information, confidential personal information, or data affecting national security must be clearly marked. It shall be treated in confidence to the extent permitted by law. This restriction does not limit the Government’s right to use information contained if it is obtained from another source without restriction. AFLCMC assumes no liability for disclosure or use of unmarked data and may use or disclose such data for any purpose. If a vendor is awarded a contract as a result of or in connection with the submission of proprietary data in the proposal, the Government shall have the right to duplicate, use or disclose the data to the extent provided in the resulting contract/agreement.
Proposals containing data that is not to be disclosed to the public for any purpose or used by the Government except for evaluation purposes shall include the following sentences in accordance with FAR 52.215-1(e)(1) and (2) on the cover page:
“This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed—in whole or in part – for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of – or in connection with – the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extend provided in the resulting contract. This restriction does not limit the Government’s right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contain in sheets [insert numbers or other identification of sheets].”
Each restricted data sheet should be marked as follows:
Use or disclose of data contained on this sheet is subject to the restriction on the title page of this proposal.
9.3 Classified Proposals: Classified whitepapers/proposals will not be accepted under this Call.
9.4 Security: Offerors must possess all required personnel security clearances, facility clearances, and other infrastructure requirements necessary to perform any proposed classified work in accordance with a Contract Security Classification Specification (DD
Form 254) without reliance on Government resources. Specifically, offerors must have at least 2 personnel with an active Secret clearance, at minimum, with at least one Special Access Program (SAP) read-in to facilitate a S//HVSACO conversation by industry day (planned for March 2023). If offeror intends to perform classified work at their facility (or subcontractor or sub-awardee’s facility), they will need to provide a Facility Accreditation Letter (FAL) for each facility to the Contracting Officer/Agreements Officer by no later than NLT contract/instrument award (anticipated by May 2023).
9.5 Promotional Material
Promotional and non-project related discussion is discouraged, and additional information provided via Universal Resource Locator (URL) links or on computer disks, CDs, DVDs, video tapes or any other medium will not be accepted or considered in the proposal evaluation unless otherwise directed by the Contracting/Agreements Officer.
This also means that unnecessarily elaborate brochures or proposals are not desired.
9.6 Small Business
FAR-based contracts awarded pursuant to this CSO Call shall include FAR 52.219-8, Utilization of Small Business Concerns (Oct 2018). FAR-based contracts awarded pursuant to this CSO Call which meet FAR Subpart 19.7 criteria for small business subcontracting plans shall include FAR 52.219-9, Small Business Subcontracting Plan (March 2020).
Offerors shall address plans to comply with these requirements as part of their proposals if seeking OTs which provide for follow-on non-competitive production contracts.
Offerors not seeking either instrument in the preceding sentence shall clearly state so as part of their proposal and shall address these requirements as part of the competition for follow-on production contracts. In the event that any follow-up production contracts are required to have small business subcontracting plans and are negotiated using FAR 15, DFARS 215.304(c) Small Business Participation Plan shall be required.
9.7 Export-Controlled Items
Depending on the proposal, it may be subject to Export Control (International Traffic in Arms (ITAR) 22 CFR 120-131, or Export Administration Regulations (EAR) 15 CFR 710-774). If the effort is subject to export controls, then a Certified DD Form 2345, Military Critical Technical Data Agreement, will be required to be submitted with proposals. DFARS 252.225-7048, “Export Controlled Item (JUN 2013)” clause shall be contained in all resulting contracts.
9.8 Data Rights: All proposal submissions shall include Data Rights Assertions, if applicable. This will be an essential element of each proposal submission. Special Licensing Agreements may be negotiated upon request. AFLCMC reserves the right to negotiate data rights as part of the Contracting/Agreement process. AFLCMC also reserves the right to tailor the data management approach for each individual effort based on the needs for each situation.
9.9 FAR Part 12 Considerations
In accordance with DFARS 227.7102-1, AFLCMC seeks to acquire the technical data that is customarily available on a commercial basis. As a result, DFARS clauses 252.227- 7015 and 252.227-7037 will be included on each FAR Part 12 Contract awarded as a result of this CSO Call. If additional data rights are considered warranted, AFLCMC reserves the right to negotiate these with prospective vendors as part of the contracting process.
If the Government pays for any portion of the development costs, DFARS 252.227-7013 will be included to govern the associated technical data for the portion of the Commercial Items that was developed using Government funds. For the portion of Commercial items that was developed exclusively at private expense, DFARS 252.227-7015 will still govern the technical data to the extent is commercial.
Companies whose effort originated under the SBIR program will maintain standard SBIR Data Rights in accordance with DFARS 252.227-7018 (Class Deviation 2020-O0007).
Additional clauses may be applicable depending on the technology and requirements associated with it.
10.0 Other Information
In addition to the information below, refer also to the initial CSO posting FA8600-23-S-C056 (Sections 10.1-10.10).
10.1 Debriefings:
The Government will conduct written, post-award debriefings upon request only in accordance with FAR 52.212-1(l) and will address the evaluation factors contained herein only. It will not include a comparison of submissions against a common statement of work (SOW) as the CSO provides no common statement of work that interested parties must respond to and instead represents opportunity for submission of a variety of innovative commercial items, technologies, and/or services that represent meaningful submissions of diverse scope and price.
10.2 DFARS 252.239-7017 - NOTICE OF SUPPLY CHAIN RISK (DEC 2022):
(a) Definitions. “Supply chain risk,” as used in this provision, means the risk that an adversary may sabotage, maliciously introduce unwanted function, or otherwise subvert the design, integrity, manufacturing, production, distribution, installation, operation, or maintenance of a covered system so as to surveil, deny, disrupt, or otherwise degrade the function, use, or operation of such system (10 U.S.C. 3252).
(b) In order to manage supply chain risk, the Government may use the authorities provided by section 10 U.S.C. 3252. In exercising these authorities, the Government may consider information, public and non-public, including all-source intelligence, relating to an offeror and its supply chain.
(c) If the Government exercises the authority provided in 10 U.S.C. 3252 to limit disclosure of information, no action undertaken by the Government under such authority shall be subject to review in a bid protest before the Government Accountability Office or in any Federal court.
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