Notice_of_Intent_to_Sole_Source.docx

Combined Synopsis/Solicitation Notice of Intent to Sole Source Solicitation Number: N6809414-16-T-0045 Purchase Description: HEMATOLOGY ANALYZER LEASE SERVICE

This is a Notice of Intent to Sole Source for commercial items prepared in accordance with the format in FAR 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation/notice; responses/quotes will be accepted, a further written solicitation will not be issued. This notice/announcement provides intent to award a “Sole Source” procurement.

The Navy Hospital Camp Pendleton (NHCP), Material Management Department, Contracting Division is issuing this combined synopsis/solicitation, N68094-16-T-0045, as a Notice of Intent to Sole Source IAW FAR Part 5, Publicizing Contract Actions; 12, Acquisition of Commercial Items; & FAR Part 13, Simplified Acquisition Procedures. The North American Industrial Classification System (NAICS) code for this procurement is “532490”, with a small business standard of $32.5M.

The Government intends to award a Commercial Firm Fixed-Price Sole Source Award to contractor “BECKMAN COULTER”. The solicitation document and incorporated provisions and clauses are those in effect through the Federal Acquisition Circular (FAC) 2005-88 effective May 16, 2016 and Defense Federal Acquisition Regulation Supplement DPN 20160630 effective June 30, 2016. The Sole Source Justification is attached.

DESCRIPTION OF ITEMS/SERVICES:

CLIN 0001: HEMATOLOGY ANALYZER LEASE SERVICES

Lease of two (2) Beckman Counter DxH 800 Hematology analyzers to include monthly reagents delivery for Naval Hospital Camp Pendleton, Laboratory Depatement. (see attached delivery schedule). Includes: Off-site training for a total of one key operator per instrument wih room, board, and airfare for each completed year of customer contract upon request.

Service Terms: 8x5 Service: M-F 0800-1700 Based on 30 Day Month, 3QC Levels Per Shift, and 3 Shifts Per Day POP: 01 Oct 16 – 30 Sep 17

CLIN 0002: HEMATOLOGY ANALYZER LEASE SERVICES

DxH 800 Hematology analyzer SER#: AU42619 125 CBC tests per day. 2 retics per day (Hematology billing P/N: AP113)

Quantity Unit of Issue Unit Price Extended Price 12 Months $________________ $____________________

CLIN 0003: HEMATOLOGY ANALYZER LEASE SERVICES

DxH 800 Hematology analyzer SER#: AU42618 1 CBC test per day. 1 retics per day (Hematology billing P/N: AP113)

CLIN 0004: HEMATOLOGY ANALYZER LEASE SERVICES

DxH 800 Hematology analyzer SER#: AU42619, 2 retics per day.

CLIN 0005: HEMATOLOGY ANALYZER LEASE SERVICES

DxH 800 Hematology analyzer SER#: AU42618, 1 retics cost per test

CLIN 0006: INDUSTRIAL FUNDING FEE

CLIN 0007: DXH DILUENT

420 EA $________________ $____________________

P/N: 628017 Delivery Schedule: (420) Per 12 months 35 Ea Oct 16 35 Ea Nov 16 35 Ea Dec 16 35 Ea Jan 17 35 Ea Feb 17 35 Ea Mar 17 35 Ea Apr 17 35 Ea May 17 35 Ea Jun 17 35 Ea Jul 17 35 Ea Aug 17 35 Ea Sep 17

CLIN 0008: DHX CELL LYSE (1 X 5L)

Quantity Unit of Issue Unit Price Extended Price

24 EA $________________ $____________________

P/N: 628019 Delivery Schedule: (24) Per 12 months 2 Ea Oct 16 2 Ea Nov 16 2 Ea Dec 16 2 Ea Jan 17 2 Ea Feb 17 2 Ea Mar 17 2 Ea Apr 17 2 Ea May 17 2 Ea Jun 17 2 Ea Jul 17 2 Ea Aug 17 2 Ea Sep 17

CLIN 0009: DXH DIFF PACK (EA)

33 EA $________________ $____________________

P/N: 628020 Delivery Schedule: (33) Per 12 months 3 Ea Oct 16 2 Ea Nov 16 3 Ea Dec 16 2 Ea Jan 17 3 Ea Feb 17 2 Ea Mar 17 3 Ea Apr 17 3 Ea May 17 3 Ea Jun 17 3 Ea Jul 17 3 Ea Aug 17 3 Ea Sep 17

CLIN 0010: DXH RETIC PACK (EA)

12 EA $________________ $____________________

P/N: 628021 Delivery Schedule: (12) Per 12 months 1 Ea Oct 16 1 Ea Nov 16 1 Ea Dec 16 1 Ea Jan 17 1 Ea Feb 17 1 Ea Mar 17 1 Ea Apr 17 1 Ea May 17 1 Ea Jun 17 1 Ea Jul 17 1 Ea Aug 17 1 Ea Sep 17

CLIN 0011: DXH CLEANER (1 X 10L)

38 EA $________________ $____________________

P/N: 628023 Delivery Schedule: (38) Per 12 months 4 Ea Oct 16 3 Ea Nov 16 3 Ea Dec 16 3 Ea Jan 17 3 Ea Feb 17 3 Ea Mar 17 3 Ea Apr 17 3 Ea May 17 3 Ea Jun 17 3 Ea Jul 17 3 Ea Aug 17 4 Ea Sep 17

CLIN 0012: CONTROL (12 X 3.5 mL) (DXH)

24 EA $________________ $____________________

P/N: 628027 Delivery Schedule: (24) Per 12 months 2 Ea Oct 16 2 Ea Nov 16 2 Ea Dec 16 2 Ea Jan 17 2 Ea Feb 17 2 Ea Mar 17 2 Ea Apr 17 2 Ea May 17 2 Ea Jun 17 2 Ea Jul 17

CLIN 0013: CONTROL (12 X 3.5 mL) (DXH)

24 EA $________________ $____________________

P/N: 628024 Delivery Schedule: (24) Per 12 months 4 Ea Oct 16 4 Ea Dec 16 4 Ea Feb 17 4 Ea Apr 17 4 Ea Jun 17 4 Ea Aug 17

CLIN 0014: S-CAL (DXH)

4 EA $________________ $____________________

P/N: 628026 Delivery Schedule: (4) Per 12 months 2 Ea Dec 16 2 Ea Jun 17

CLIN 0015: RETIC-X CELL CONTROL, (12X3.5 mL)

24 EA $________________ $____________________

P/N: 628028 Delivery Schedule: (24) Per 12 months 2 Ea Oct 16 2 Ea Nov 16 2 Ea Dec 16 2 Ea Jan 17 2 Ea Feb 17 2 Ea Mar 17 2 Ea Apr 17 2 Ea May 17 2 Ea Jun 17 2 Ea Jul 17

TOTAL: $_________________________

PERIOD OF PERFORMANCE: October 1, 2016 through September 30, 2017

PLACE OF DELIVERY/SERVICE:

Naval Hospital Camp Pendleton JoseRamon Jovellanos Laboratory Department Bldg: H-200 Camp Pendleton, 92055-5191

TEL: 760-725-2499

Contractors may submit a capability statement, proposal, or quotation which shall be considered by the contracting officer whether to continue with the sole source procurement or to provide for competition. Such responses MUST be received no later than July 18, 2016 @ 07:30 AM (Pacific Daylight Time). Forward responses by e-mail to danielle.l.patterson3.civ@mail.mil. Due to technical issues, please allow additional time if you’re using electronic means.

Offerors must ensure that their company is registered with System for Award Management (SAM) prior to award. For information refer to: https://www.sam.gov/portal/public/SAM/

For equipment, supplies, and equipment repair/maintenance solicitations/procurements only authorized distributors, resellers, and/or service providers of the manufacturer will be accepted. Manufacturer certifications/confirmations must be provided upon request of the Contracting Office.

Upon receipt of responses the contracting officer may determine to compete the requirement for which a separate solicitation would be posted to Federal Business Opportunities (FBO) web-site as a “Total 100% Small Business Set-Aside” for a period of 15 calendar days or less using the evaluation criteria below.

APPLICABLE FAR CLAUSES:

(1) FAR 52.212-1 (Instructions to Offerors – Commercial Items) (Oct 2015)

(2) FAR 52.212-2: Evaluation - Commercial Items (Oct 2014): Award will be made to the offeror who is deemed responsible in accordance with the Federal Acquisition Regulation (FAR) Part 9 and whose offer represents the Lowest Priced Technically Acceptable (LPTA) offer using the following evaluation factors:

(3) (a) Technical Capability: Contractor offer/product(s) meet all the Government requirements & specifications provided in the solicitation. Contractors providing “Brand Name or Equal” alternative products must provide adequate information (i.e. manufacturer name, model/parts numbers, specification data) for the contracting office to determine whether the products meet the provided salient “must have” characteristics of the Brand Name product required to meet the Government requirement.

(b) Price: No additional information from the offeror will be required if the price is based on adequate price competition. In the event adequate price competition does not exist, the contracting officer will obtain information from the offeror to the extent required to determine the reasonableness of the offered prices.

(c) Past Performance: Will be evaluated as Acceptable or Unacceptable based on past performance information obtained from any other sources available to the Government, to include, but not limited to, the Past Performance Information Retrieval System (PPIRS). In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror will not be evaluated favorably or unfavorably on past performance.

Past Performance Evaluation Ratings

Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

(3) FAR 52.212-4 (Contract Terms and Conditions – Commercial Items) (May 2015)

(4) FAR 52.212-5: Contract Terms and Conditions Required To Implement Statutes Or Executive Orders-Commercial Items (DEVIATION 2013-O0019) (Mar 2016)

(5) 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor unilaterally within 60 calendar days prior the expiration of the base award or last exercised option year or bilaterally up through the last base or exercised option year day of the award performance period.

(End of clause)

(6) FAR 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/VFFARa.htm http://farsite.hill.af.mil/VFDFARa.htm (End of Provision)

(7) FAR 52.252-2: CLAUSES INCORPORATED BY REFERENCE (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(s):

http://farsite.hill.af.mil/VFFARa.htm http://farsite.hill.af.mil/VFDFARa.htm (End of clause)

(8) 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that—

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

(9) 52.228-5 Insurance -- Work on a Government Installation (Jan 1997)

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government’s interest shall not be effective --

(1) For such period as the laws of the State in which this contract is to be performed prescribe; or

(2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors’ proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

(End of Clause)

OTHER CLAUSES, TERMS, AND CONDITIONS:

252.203-7998--PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS—REPRESENTATION (DEVIATION 2015-O0010) (FEB 2015)

(a) In accordance with section 743 of Division E, Title VIII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(End of provision) 252.203-7999--PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (DEVIATION 2015-O0010) (FEB 2015)

(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The Contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d)(1) In accordance with section 743 of Division E, Title VIII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015, (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.

(End of clause)

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls (Dec 2015)

(a) Definitions. As used in this provision— “Controlled technical information,” “covered contractor information system,” and “covered defense information” are defined in clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting.

(b) The security requirements required by contract clause 252.204-7012, Covered Defense Information and Cyber Incident Reporting, shall be implemented for all covered defense information on all covered contractor information systems that support the performance of this contract.

(c) For covered contractor information systems that are not part of an information technology (IT) service or system operated on behalf of the Government (see 252.204-7012(b)(1)(ii))—

(1) By submission of this offer, the Offeror represents that it will implement the security requirements specified by National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, “Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations” (see http://dx.doi.org/10.6028/NIST.SP.800-171), not later than December 31, 2017.

(2)(i) If the Offeror proposes to vary from any of the security requirements specified by NIST SP 800-171 that is in effect at the time the solicitation is issued or as authorized by the Contracting Officer, the Offeror shall submit to the Contracting Officer, for consideration by the DoD Chief Information Officer (CIO), a written explanation of—

(A) Why a particular security requirement is not applicable; or

(B) How an alternative but equally effective, security measure is used to compensate for the inability to satisfy a particular requirement and achieve equivalent protection.

(ii) An authorized representative of the DoD CIO will adjudicate offeror requests to vary from NIST SP 800-171 requirements in writing prior to contract award. Any accepted variance from NIST SP 800-171 shall be incorporated into the resulting contract.

(End of provision)

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (DEC 2015)

(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.

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 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 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 information that--

(i) Is--

(A) Provided to the contractor by or on behalf of DoD in connection with the performance of the contract; or

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

(ii) Falls in any of the following categories:

(A) Controlled technical information.

(B) Critical information (operations security). Specific facts identified through the Operations Security process about friendly intentions, capabilities, and activities vitally needed by adversaries for them to plan and act effectively so as to guarantee failure or unacceptable consequences for friendly mission accomplishment (part of Operations Security process).

(C) Export control. Unclassified information concerning certain items, commodities, technology, software, or other information whose export could reasonably be expected to adversely affect the United States national security and nonproliferation objectives. To include dual use items; items identified in export administration regulations, international traffic in arms regulations and munitions list; license applications; and sensitive nuclear technology information.

(D) Any other information, marked or otherwise identified in the contract, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies (e.g., privacy, proprietary business information).

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.

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.

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 information is recorded, stored, or printed within an 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.

Rapid(ly) report(ing) 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-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) Adequate security. The Contractor shall provide adequate security for all covered defense information on all covered contractor information systems that support the performance of work under this contract. To provide adequate security, the Contractor shall--

(1) Implement information systems security protections on all covered contractor information systems including, at a minimum--

(i) For covered contractor information systems that are part of an Information Technology (IT) service or system operated on behalf of the Government--

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

(B) 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; or

(ii) For covered contractor information systems that are not part of an IT service of system operated on behalf of the Government and therefore are not subject to the security requirement specified at paragraph (b)(1)(i) of this clause--

(A) 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, http://dx.doi.org/10.6028/NIST.SP.800-171 that is in effect at the time the solicitation is issued or as authorized by the Contracting Officer; or

(B) Alternative but equally effective security measures used to compensate for the inability to satisfy a particular requirement and achieve equivalent protection approved in writing by an authorized representative of the DoD CIO prior to contract award; and

(2) Apply other security measures when the Contractor reasonably determines that such 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.

(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, 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 http://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 http://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 http://iase.disa.mil/pki/eca/certificate.html.

(d) Malicious software. The Contractor or subcontractors that discover and isolate malicious software in connection with a reported cyber incident shall submit the malicious software in accordance with instructions provided by the Contracting Officer.

(e) Media preservation and protection. When a Contractor discovers a cyber incident has occurred, the Contractor shall preserve and protect images of all known affected information systems identified in paragraph (c)(1)(i) of this clause and all relevant monitoring/packet capture data for at least 90 days from the submission of the cyber incident report to allow DoD to request the media or decline interest.

(f) Access to additional information or equipment necessary for forensic analysis. Upon request by DoD, the Contractor shall provide DoD with access to additional information or equipment that is necessary to conduct a forensic analysis.

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

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

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

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

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

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

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

(5) To a support services contractor (``recipient'') that is directly supporting Government activities under a contract that includes the clause at (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 the substance of this clause, including this paragraph (m), in all subcontracts, including subcontracts for commercial items; and

(2) Require subcontractors to rapidly report cyber incidents directly to DoD at http://dibnet.dod.mil and the prime Contractor. This includes providing the incident report number, automatically assigned by DoD, to the prime Contractor (or next higher-tier subcontractor) as soon as practicable.

252.246-7005 Notice of Warranty Tracking of Serialized Items (Mar 2016)

(a) Definitions. “Duration,” “enterprise”, “enterprise identifier,” “fixed expiration,” “item type,” “serialized item,” “starting event,” “unique item identifier,” “usage,” “warranty administrator,” “warranty guarantor,” and “warranty tracking” are defined in the clause at 252.246-7006, Warranty Tracking of Serialized Items.

(b) Reporting of data for warranty tracking and administration.

(1) The Offeror shall provide the information required by the attachment entitled “Warranty Tracking Information” on each contract line item number, subline item number, or exhibit line item number for warranted items with its offer. Information required in the warranty attachment for each warranted item shall include such information as duration, fixed expiration, item type, starting event, usage, warranty administrator enterprise identifier, and warranty guarantor enterprise identifier.

(2) The successful offeror will be required to provide the following information no later than when the warranted items are presented for receipt and/or acceptance, in accordance with the clause at 252.246-7006—

(A) The unique item identifier for each warranted item required by the attachment entitled “Warranty Tracking Information;” and

(B) All information required by the attachment entitled “Source of Repair Instructions” for each warranted item.

(3) For additional information on warranty attachments, see the “Warranty and Source of Repair” training and “Warranty and Source of Repair Tracking User Guide” accessible on the Product Data Reporting and Evaluation Program (PDREP) website at https://www.pdrep.csd.disa.mil/pdrep_files/other/wsr.htm.

(End of provision)

252.246-7006 Warranty Tracking of Serialized Items (Mar 2016)

(a) Definitions. As used in this clause— “Duration” means the warranty period. This period may be a stated period of time, amount of usage, or the occurrence of a specified event, after formal acceptance of delivery, for the Government to assert a contractual right for the correction of defects.

“Enterprise” means the entity (e.g., a manufacturer or vendor) responsible for granting the warranty and/or assigning unique item identifiers to serialized warranty items.

“Enterprise identifier” means a code that is uniquely assigned to an enterprise by an issuing agency.

“First use” means the initial or first-time use of a product by the Government.

“Fixed expiration” means the date the warranty expires and the Contractor’s obligation to provide for a remedy or corrective action ends.

“Installation” means the date a unit is inserted into a higher level assembly in order to make that assembly operational.

“Issuing agency” means an organization responsible for assigning a globally unique identifier to an enterprise, as indicated in the Register of Issuing Agency Codes for International Standards Organization/International Electrotechnical Commission, located at http://www.aimglobal.org/?Reg_Authority15459.

“Item type” means a coded representation of the description of the item being warranted, consisting of the codes C - component procured separate from end item, S - subassembly procured separate from end item or subassembly, E – embedded in component, subassembly or end item parent, and P – parent end item.

“Starting event” means the event or action that initiates the warranty, such as first use or upon installation.

“Serialized item” means each item produced is assigned a serial number that is unique among all the collective tangible items produced by the enterprise, or each item of a particular part, lot, or batch number is assigned a unique serial number within that part, lot, or batch number assignment within the enterprise identifier. The enterprise is responsible for ensuring unique serialization within the enterprise identifier or within the part, lot, or batch numbers, and that serial numbers, once assigned, are never used again.

“Unique item identifier” means a set of data elements marked on an item that is globally unique and unambiguous.

“Usage” means the quantity and an associated unit of measure that specifies the amount of a characteristic subject to the contractor’s obligation to provide for remedy or corrective action, such as a number of miles, hours, or cycles.

“Warranty administrator” means the organization specified by the guarantor for managing the warranty.

“Warranty guarantor” means the enterprise that provides the warranty under the terms and conditions of a contract.

“Warranty repair source” means the organization specified by a warranty guarantor for receiving and managing warranty items that are returned by a customer.

“Warranty tracking” means the ability to trace a warranted item from delivery through completion of the effectivity of the warranty.

(b) Reporting of data for warranty tracking and administration.

(1) The Contractor shall provide the information required by the attachment entitled “Warranty Tracking Information” on each contract line item number, subline item number, or exhibit line item number for warranted items no later than the time of award. Information required in the warranty attachment shall include such information as duration, fixed expiration, item type, starting event, usage, warranty administrator enterprise identifier, and warranty guarantor enterprise identifier.

(2) The Contractor shall provide the following information no later than when the warranted items are presented for receipt and/or acceptance—

(A) The unique item identifier for each warranted item required by the attachment entitled “Warranty Tracking Information;” and

(B) The warranty repair source information and instructions for each warranted item required by the attachment entitled “Source of Repair Instructions.”

(3) The Contractor shall submit the data for warranty tracking to the Contracting Officer with a copy to the requiring activity and the Contracting Officer Representative.

(4) For additional information on warranty attachments, see the “Warranty and Source of Repair” training and “Warranty and Source of Repair Tracking User Guide” accessible on the Product Data Reporting and Evaluation Program (PDREP) website at https://www.pdrep.csd.disa.mil/pdrep_files/other/wsr.htm.

(c) Reservation of rights. The terms of this clause shall not be construed to limit the Government’s rights or remedies under any other contract clause.

SPECIAL TERM: Enterprise-wide Contractor Manpower Reporting Application (ECMRA) The contractor shall report contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for Naval Hospital Camp Pendleton and/or support medical & dental clinics via a secure data collection site. Contracted services excluded from reporting are based on Product Service Codes (PSCs). The excluded PSCs are:

(1) W, Lease/Rental of Equipment;

(2) X, Lease/Rental of Facilities;

(3) Y, Construction of Structures and Facilities;

(4) S, Utilities ONLY;

(5) V, Freight and Shipping ONLY.

The contractor is required to completely fill in all required data fields using the following web address https://doncmra.nmci.navy.mil.

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at https://doncmra.nmci.navy.mil

INVOICING INSTRUCTIONS:

252.232-7006 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

(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).

2 IN 1 SERVICES ONLY

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

DESTINATION / DESTINATION

(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*

(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 email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

WAWF Acceptor/COR Email Address: xxxxx@med.navy.mil

(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.

wawf@med.navy.mil

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

HEALTH SCREENING REQUIREMENTS:

Naval Hospital Camp Pendleton's (NHCP) Health Industry Representative (HIR) Health Screening Requirements Policy Statement and the Joint Commission Hospital Accreditation Standards of 2014, NHCP requires all HIRs (defined as individuals performing a health or medical equipment-related service(s), who come within three feet of patients or a sterile field) to maintain health screening including an influenza vaccination (within last 12 months) and a tuberculosis screening (within last 60 months) prior to receiving access to NHCP. Health screening may be submitted to Ms. Denise Mullins via email at NHCP_OMSCREEN@med.navy.mil, via fax at 760-725-3786, or via mail at:

Department of the Navy Commanding Officer Naval Hospital Camp Pendleton ATTN: Occupational Health Department Box 555191 Camp Pendleton, CA 92055-5191

Delivery Tickets/Packing Slip: All shipments must be accompanied with a delivery ticket/packing slip. Delivery ticket/packing slip will be prepared in duplicate by the contractor and must contain the following information:

(a) Name of supplier,

(b) Purchase Order (SF 1449) or Delivery Order Number (Federal Supply Schedule/DD 1155)

(c) Date of Purchase Order or Delivery Order Number

(d) Itemized list of supplies furnished

(f) Quantity, unit price and extended prices of each item less applicable discounts (unit prices and extended prices need not be shown when incompatible with the use of automated systems, provided that the invoice is itemized to show this information); and

(g) Date of delivery or shipment. The receiving activity designated Purchase Order or Delivery Order Number must sign two copies of the delivery ticket/packing slip. The signature of the designated receiving activity constitutes acceptance by the Government. One ticket should be retained by the receiving activity and one copy returned to the contractor or their agent. The vendor or their agent should be notified that signed delivery ticket/packing slip may be required, upon Government request, to support their Wide Area Work Flow (WAWF) invoice.

Access to Camp Pendleton: The contractor will be responsible, and at contractor expense, to coordinate with the Naval Hospital Camp Pendleton to attain access to Camp Pendleton. Following web-site provides current base access procedures:

http://www.pendleton.marines.mil/About/BaseInformation/BaseAccess.aspx