N0025324Q0004-0007.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provi ded herei n, all t erms and condit ions of t he document refere nced in Item 9A or 10A, as heretofore change d, remai ns unchanged and in ful l force and effect .

15A. NAME AND TIT LE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

ST ANDARD FORM 30 (Rev. 10-83) Prescr ibed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is to:

1) Replace clause 252.204-7012 w ith 252.204-7012 Safeguarding Covered Def ense Information and Cyber Incident Reporting (DEVIATION 2024-O0013).

2) Answer vendor questions, and update the answer to Question #3, i.e. Q3).

3) Extend the hour and date specified f or receipt of Offer to 11:00 AM 22-May-2024 (Pacific Time).

1. CO NTRACT ID CODE P AGE OF P AGES

J 1 8

16A. NAME AND T ITLE OF CONTRACTING OFFICER (Type or print)

16C. DAT E SIGNED

BY 14-May-2024

16B. UNITED ST AT ES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contract ing Officer )(Signature of person authorized t o sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, Count y, Stat e and Zip Code) X N0025324Q0004

X 9B. DAT ED (SEE IT EM 11)

21-Mar-2024

10B. DAT ED (SEE IT EM 13)

9A. AMENDMENT OF SOLICITAT ION NO.

11. THIS IT EM ONLY APPLIES T O AMENDMENT S OF SOLICITATIONS

X The above numbered soli cit ati on i s amended as set forth in It em 14. The hour and date specified for rece ipt of Offer X is ext ended, is not extended.

Offer must acknowl edge rece ipt of t his amendment pri or to the hour and date specified in the sol ici tat ion or as amended by one of t he fol lowing methods:

(a) By compl eti ng Items 8 and 15, and returning 1 copi es of the amendment ; (b) By acknowledgi ng recei pt of thi s a mendment on each copy of t he offer submit ted;

or (c) By s epara te let ter or t elegram whi ch i ncludes a refe rence t o t he s olic ita tion and amendment numbers . FA ILURE OF YOU R A CKNOWLEDGMENT TO BE RECEIVED AT TH E P LACE D ESIGNATED FOR TH E RECEIPT OF OFFERS P RIO R TO THE HOUR AN D DATE SP ECIFIED MA Y RESULT IN

REJECTIO N OF YOUR OFFER. If by vir tue of thi s amendment you desire t o change an offer already submit ted, s uch c hange ma y be made by t ele gram or let ter, provided each t elegram or l ett er makes reference to the sol ici tat ion and this amendment , and is re ceived prior to the openi ng hour and dat e speci fi ed.

12. ACCOUNTING AND APPROPRIATION DAT A (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORT H IN ITEM 14 ARE MADE IN THE

CONT RACT ORDER NO. IN ITEM 10A.

B. T HE ABOVE NUMBERED CONT RACT /ORDER IS MODIFIED T O REFLECT THE ADMINIST RATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORT H IN ITEM 14, PURSUANT TO T HE AUTHORITY OF FAR 43.103(B).

C. T HIS SUPPLEMENT AL AGREEMENT IS ENT ERED INTO PURSUANT TO AUTHORITY OF:

D. OT HER (Specify type of modification and authorit y)

E. IMPORTANT: Contract or is not, is required to sign this document and return copies t o the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/cont ract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/ MODIFICATION NO. 5. P ROJECT NO .(If appli cable)

6. ISSUED BY

3. EFFECTIVE DATE

14-May-2024

CODE

NAVAL UNDERSEA WARFARE CENTER

ATTN: JESSICA RUTH REICHARD

610 DOWELL ST C/206

KEYPORT WA 98345

N00253 7. AD MINISTERED BY (If other t han item 6)

4. REQUISITION/PU RCHASE REQ. NO.

CODE

See I tem 6

FACILITY CODECODE

EMAIL:TEL:

N0025324Q0004

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been modified:

QUESTIONS AND ANSWERS

Q1) Can you provide any information on the composition and potential contamination of the “soil” described in RFQ section 3.2 on page 25?

A1) Although soil is a possible material that would require disposal it is not likely. Contaminated soil requiring disposal should be minimal, i.e. less than one drum..

Q2a) Will any waste characterization analytical report be provided for each waste stream when a Task Order is issued?

A2a) Current practice is to provide analytical reports for a waste profile generation of each of the four waste streams at the start of the contract and then as required for renewing the profile (previously every two years). The waste is generated from a relatively unchanging maintenance environment so variation in analytical reports over the years has been minimal.

Q2b) If not, shall we assume the worst-case scenario: both liquid and solid wastes are: flammable (D001), containing reactive cyanide (D003), cadmium (D006), and lead (D008)?

A2b) Currently liquid waste streams are manifested with all four waste codes (D001, D003, D006 and D008) and solid waste streams are manifested with two waste codes (D006 and D008). It is possible that the contractor and generator will determine that these codes should change when a new waste profile is generated at the beginning of the contract and offeror should make allowances for that possibility.

Q3) Is the liquid in IBCs allowed to transfer to 55-gallon drums?

A3) If desired, transfer from IBC to 55-gallon drums must be accomplished at the contractor facility, i.e.

not on base.

A3) UPDATED: Any transfer from IBC to 55-gallon drums may not take place at JBPHH and must occur at a Resource Conservation and Recovery Act (RCRA) permitted Treatment, Storage, and Disposal Facility

(TSDF).

Q4a) In the context of establishing pricing for the Contract Line-Item Numbers (CLINs), we are currently reviewing item number 0009 IN PAGE 7 OF N0025324Q0004 DOCUMENT , which pertains to the Contract Data Requirements List (CDRL). Could you please clarify whether this particular item should be included in our pricing structure?

A4a) As the line item for CDRLs is solicited as Not Separately Priced (NSP), any cost for CDRLs should be included in the service CLINs, and the division of CDRL cost among service CLIN pricing is at offeror discretion.

Q4b) Additionally, is it necessary to assign a price to the DD Form 1423-1 in Exhibit A -CDRLS as well in our proposal?

A4b) As the line item for CDRLs is solicited as Not Separately Priced (NSP), offeror should not assign a price to the DD Forms 1423.

Q5) Is it possible for NUWC to grant an extension for Solicitation# N0025324Q0004?

A5) Yes, see summary of changes for solicitation amendment 0002.

Q6) Can you tell us which occupation code the employee onsite picking up/transporting waste would fall under?

A6) Selection of labor category occupation code is at Offeror discretion. See also clause 52.222-42 Statement of Equivalent Rates for Federal Hires, added to the solicitation with amendment 0003.

Q7) Has your legal counsel flagged this as a public works job that is subject to prevailing wage?

A7) No.

Q8) Has NUWC filed a PWC100 form, and can you please provide the number for same?

A8) No. The form is not applicable for this solicitation.

Q9) Is NUWC willing to negotiate terms and conditions of the contract?

A9) Terms and conditions are specified in the solicitation document.

In accordance with solicitation provision M-215-H004 BASIS OF AWARD, the Government intends to make award based on initial proposals without discussions but reserves the right to conduct discussions if determined necessary (see FAR 52.215-1). Accordingly, Offeror is advised to submit its most favorable terms and conditions in its initial proposal. If unexplained discrepancies are identified, the proposal may not be considered for award.

Questions or clarifications about specific terms and conditions may be submitted in according with solicitation provision L-215-H007 SUBMISSION OF QUESTIONS BY OFFERORS - ALTERNATE I.

Q10) Are we able to provide redlines?

A10) See answer to question #9.

Q11) Regarding the totes in this solicitation, would there a possibility for additional time to return the totes beyond the 120 days?

A11) No.

Q12) Could we use replacement totes in some cases to hit the 120 day mark?

A12) No.

Q13) Would you be able to confirm that if we are to submit the document named N0025324Q0004- P0003_Conformed Copy that was uploaded on 4/23/24 instead of the original RFQ N0025324Q0004 uploaded on 3/21/24?

A13) Offeror proposal must include a signed copy of the initial RFQ N0025324Q0004 and each amendment, i.e. N0025324Q0004-0001, N0025324Q0004-0002, N0025324Q0004-0003, and N0025324Q0004-0004.

The document named "N0025324Q0004-P0003_Conformed Copy" was provided for information purposes only. A signed copy of "N0025324Q0004-P0003_Conformed Copy" is not a requirement for an Offeror to adequately respond to the request for quote.

Answer to Q3) updated above.

Q14) Will it be permissible for the contractor to pump off the IBC/totes after leaving JBPHH at an approved site then transport the liquid and solid waste to the final disposal location in appropriately approved and lawful transportation containers?

A14) Yes, however, any transfer from IBC may not take place at JBPHH and must occur at a Resource Conservation and Recovery Act (RCRA) permitted Treatment, Storage, and Disposal Facility (TSDF), and IBCs must be emptied of any waste residue before returning to base.

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The required response date/time has changed from 16-May-2024 11:00 AM to 22-May-2024 11:00 AM.

The following have been added by full text:

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING

(MAY 2024) (DEVIATION 2024-O0013)

(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.

Compromise means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred.

Contractor attributional/proprietary information means information that identifies the contractor(s), whether directly or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description, facility locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company.

Controlled technical information means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination.

Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.

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

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

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

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

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

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

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

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

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

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

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

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

(b) Adequate security. The Contractor shall provide adequate security on all covered contractor information systems.

To provide adequate security, the Contractor shall implement, at a minimum, the following information security protections:

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

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

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

(2) For covered contractor information systems that are not part of an IT service or system operated on behalf of the Government and therefore are not subject to the security requirement specified at paragraph (b)(1) of this clause, the following security requirements apply:

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

(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 compromised covered defense information, or that affect the Contractor’s ability to provide operationally critical support;

and

(ii) Rapidly report cyber incidents to DoD at 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 equipment that is necessary to conduct a forensic analysis.

(g) Cyber incident damage assessment activities. If DoD elects to conduct a damage assessment, the Contracting Officer will request that the Contractor provide all of the damage assessment information gathered in accordance with paragraph (e) of this clause.

(h) DoD safeguarding and use of contractor attributional/proprietary information. The Government shall protect against the unauthorized use or release of information obtained from the contractor (or derived from information obtained from the contractor) under this clause that includes contractor attributional/proprietary information, including such information submitted in accordance with paragraph (c). To the maximum extent practicable, the Contractor shall identify and mark attributional/proprietary information. In making an authorized release of such information, the Government will implement appropriate procedures to minimize the contractor attributional/proprietary information that is included in such authorized release, seeking to include only that information that is necessary for the authorized purpose(s) for which the information is being released.

(i) Use and release of contractor attributional/proprietary information not created by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is not created by or for DoD is authorized to be released outside of DoD—

(1) To entities with missions that may be affected by such information;

(2) To entities that may be called upon to assist in the diagnosis, detection, or mitigation of cyber incidents;

(3) To Government entities that conduct counterintelligence or law enforcement investigations;

(4) For national security purposes, including cyber situational awareness and defense purposes (including with Defense Industrial Base (DIB) participants in the program at 32 CFR part 236); or

(5) To a support services contractor (“recipient”) that is directly supporting Government activities under a contract that includes the clause at 252.204-7009, Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information.

(j) Use and release of contractor attributional/proprietary information created by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is created by or for DoD (including the information submitted pursuant to paragraph (c) of this clause) is authorized to be used and released outside of DoD for purposes and activities authorized by paragraph (i) of this clause, and for any other lawful Government purpose or activity, subject to all applicable statutory, regulatory, and policy based restrictions on 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 products or commercial services, 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.

(End of clause)

The following have been deleted:

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

JAN 2023

(End of Summary of Changes)