Request_for_Quote_Industrial_Tent_Canopy__1_.pdf
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- Industrial Tent Canopy
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- FA441726Q0035
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This is a Request for Quote (RFQ) for an Industrial Tent Canopy issued by the Department of the Air Force Special Operations Command for delivery to Hurlburt Field, Florida. The solicitation number is FA441726Q0035, and the response deadline is 12:00 PM CST on Friday, March 6, 2026. The requirement is a 100% Small Business Set-Aside, with a NAICS code of 332311 (size standard of 750 employees) and Product Service Code 5140. The Government will award based on lowest price technically acceptable (LPTA) methodology to a single responsible contractor offering a compliant quote.
The required deliverable is one fully assembled, ready-for-use Industrial Tent Canopy with specific salient characteristics: 64 feet wide by 84 feet long by 27 feet center height with 13-foot side walls; 18-ounce flame-retardant PVC laminated fabric with polyester scrim; 8 LED lights installation kit (400-watt, 120-volt); hurricane rating certification; and one-year warranty. Delivery is FOB Destination with all shipping costs included in the quoted price, with a 60-day delivery schedule after receipt of order. Payment terms are Net 30. The quote must be valid for 30 days from submission. All quotes must include sufficient technical data, product literature, manufacturer specifications, and country-of-origin certifications. Quoters must have active System for Award Management (SAM) registration at submission and award, and must submit completed FAR provisions and clauses. The Government notes that funds are not presently available, and it reserves the right to cancel the solicitation at any time without obligation to reimburse quoters for any costs.
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Request for Quote: FA441726Q0035
Contracting Officer: SSgt Kayton Clinkscales Email: kayton.clinkscales@us.af.mil
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice.
This announcement constitutes the only solicitation; quotations are being requested and written solicitation will not be issued. The solicitation number is FA441726Q0035 and is issued as a Request for Quotation.
This combined synopsis/solicitation incorporates provisions and clauses that are in effect through Federal Acquisition Circular (FAC) 2025-06 and DFARS change notice 11/10/2025 and DAFFARS 10/16/2024.
This requirement is a 100% Small Business Set Aside. This NAICS code is 332311. The Product Service Code (PSC) is 5140. The size standard is 750 personnel.
Industrial Tent Canopy (The quote shall be effective for 30 days after submission of quote)
**Funds are not presently available for this effort. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, either before or after the closing date for receipt of proposals. In the event the Government cancels this solicitation, the Government has no obligation to reimburse on offer or for any costs.**
Response Due Date: 12:00 PM CST, Friday, 06 March 2026
Please respond to this RFQ by submitting a response to the Primary Point of Contact no later than 12:00 PM CST, Friday, 06 March 2026 (sooner if possible) in order to be considered timely.
Please carefully review all special notes, instructions, clauses, and provisions contained herein to ensure compliance and eligibility for award. FAR 52.212-1, 52.212-2, 52.212-4 and 52.212-5 apply to this acquisition. Required fill-in information within FAR 52.212-3 should be returned with the quote in order for a response to this solicitation to be considered complete. Please provide a quote for the line item listed below. \
The contractor shall provide all labor, installation, equipment, materials, tools, parts, shipping, and all other items necessary to deliver the following items:
CLIN ITEM Quantity Unit Price Extended Price
Industrial Tent Canopy (*Brand name or Equal Item*) See Salient Characteristics below 1
All items must be fully assembled and ready for use upon delivery
FOB: Destination Shipping Cost Included? Yes
Payment Terms: Net 30 Delivery Date: 60 Days after Receipt of Order
Company Name: ___________________________________________
Company Address: ___________________________________________
DUNS # _______________________ Cage Code: ______________________ __
POC: _________________________ __ Telephone # ____________________________ _
E-Mail Address: _____________________________ Tax ID#: _______________________
Do you have capacity to invoice electronically through WAWF? (Yes/No) _______________________
Warranty Information: ___________________________________________________________________
Confirm all Amendments to this solicitation received: __________________________________________
Special Notes and Instructions:
1. Notice to Quoter(s)/Supplier(s): The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse a quoter for any costs.
2. Small Business Set-Aside: This is a notice that this order is a total set-aside for small business concerns.
Only quotes submitted by small business concerns will be accepted by the Government. Any quote that is submitted by a contractor that is not a small business concern will not be considered for award.
3. Mandatory Registrations. To be eligible for award, registration with the System for Award Management (SAM) must be current. In addition, the contractor must submit certifications included in FAR 52.204-24 (October 2020) below. To register or update former CCR and Reps & Certs that are not current go to https://www.sam.gov/SAM/ and provide mandatory information.
To be eligible for award, registration with the Procurement Integrated Enterprise Environment (PIEE) must be current. In addition, the contractor must go to https://piee.eb.mil/xhtml/unauth/help/helpvendors.xhtml and provide mandatory information.
4. Salient characteristics: Quotes must meet the below salient characteristics. Failure to meet the below characteristics renders the quote as unacceptable.
5. Delivery/Assembly: Delivery shall be FOB Destination and included in CLIN prices noted above. The item must be fully assembled and ready for use upon delivery. The Industrial Tent Canopy will be delivered to the 145 Letourneau Ave, Hurlburt Field, Florida, 32544. The contractor is responsible for delivery and installation.
1. Vinyl Shelter 64' Wide X 84' Long X 27' Center Height X 13', Side Wall 18 Oz Cover
2. Flame Retardant PVC Laminated Fabric with Polyester Scrim Electrical
3. 8 Led Lights Kit Installation With 8 Led Lights Freight (400-Watt 120 Volt)
4. Hurricane Rating
5. One-Year Warranty
6. SEE SOW REQUIREMENTS
7. Period for Acceptance of Quotes. FAR 52.212-1(c) is tailored as follows: The quoter agrees to hold the prices in its quote firm for 30 calendar days from the date specified for receipt of quotes. NOTE: This period supersedes that indicated in FAR 52.212-1(c).
8. Discussions. The award will be based on initial responses, quoters are highly encouraged to quote their most advantageous pricing in their initial response. The government intends to award a purchase order without discussions with respective vendors/quoters. The government, however, reserves the right to conduct discussions if deemed in its best interests.
9. Basis for Award: 1 SOCONS/ PKC plans to issue a single firm-fixed price order award to the responsive contractor offering the Lowest Price Technically Acceptable quote. The Government plans to award without discussion, therefore quotes should contain the best terms from a price and technical standpoint. The Government reserves the right to hold discussions if, during quote evaluation, it is determined to be in the best interest of the Government.
a. Responsive: The Government shall first review all quotes for responsiveness. To be considered Responsive, the contractor must submit, at a minimum:
i.Confirm that the required period of performance can be met.
ii.Submit sufficient technical data to include product literature to allow determination that the requirement is being met.
iii. Submit all requested information to include completion of the Price Schedule (above).
iv. Submit the completed fill in FAR/DFARS clauses and provisions as well as all other requested information to include completion and submission of the list of materials and pricing, if applicable.
Contractor quotes that fail to meet the above criteria for responsiveness may be considered “non-responsive” and shall not be evaluated further.
b. Order of Evaluation: The government shall organize all responsive contractor quotes in order from lowest to highest total price. Evaluation shall begin with the quote having the lowest total price.
c. Evaluation:
i. The two (2) lowest total priced quotes shall be evaluated for Technical Acceptability. Technical
Acceptability is rated on a Pass/Fail basis against each of the Technical Factors stated below. To be considered “Technically Acceptable,” the contractor’s quote must demonstrate adherence to all the following Technical Factors:
Technical Factor: The contractor shall submit sufficient technical data to allow determination that the product being offered meets all of the Salient Characteristics listed. This should include (1) Manufacturer name and Part Number as well as any other information ( illustrations, product literature, cut sheets, machine specifications, etc.to sufficient to identify all of the Salient Characteristics listed above. If sufficient information is not submitted to illustrate meeting the Salient Characteristics, the quote may be deemed non-responsive and not evaluated further. (NOTE:
webpage references are not considered sufficient support; if the contractor is relying on a manufacturer’s webpage to support the technical requirement, that information must be downloaded and submitted with the quote).
ii After technical evaluation, contract quotes shall be given one of the following ratings:
Technically Acceptable – The quote clearly meets the minimum requirements of the solicitation to include meeting delivery date.
Technically Unacceptable – The quote does not clearly meet the minimum requirements of the solicitation to include delivery date.
If either of the two quotes with the lowest total price is found to be Technically Unacceptable, the quote with the next lowest total price will be evaluated for technical acceptability. This process will continue until two Technically Acceptable quotes are identified or until all quotes have been evaluated.
10. The following FAR/DFARS/AFFARS provisions and clauses are applicable to this solicitation:
(For full text references, go to www.acquisition.gov)
DOCUMENT NUMBER
FA441726Q0035
CLAUSES INCORPORATED BY REFERENCE
CLAUSE
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DEV NO
CLAUSE TITLE YEAR-
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SECTION
CLAUSES IN FULL TEXT
CLAUSE
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CLAUSE TITLE ALT NO/
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CLAUSE TEXT
252.203-7000 Requirements Relating to Compensation of Former DoD
Officials.
2011-09
REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2011)
(a) . "Covered DoD official," as used in this clause, means an individual that-Definition
(1) Leaves or left DoD service on or after January 28, 2008; and
(2)(i) Participated personally and substantially in an acquisition as defined in 41 U.S.C. 131 with a value in excess of $10 million, and serves or served-
(A) In an Executive Schedule position under subchapter II of chapter 53 of Title 5, United States Code;
(B) In a position in the Senior Executive Service under subchapter VIII of chapter 53 of Title 5, United States Code; or
(C) In a general or flag officer position compensated at a rate of pay for grade O-7 or above under section 201 of Title 37, United States Code; or
(ii) Serves or served in DoD in one of the following positions: program manager, deputy program manager, procuring contracting officer, administrative contracting officer, source selection authority, member of the source selection evaluation board, or chief of a financial or technical evaluation team for a contract in an amount in excess of $10 million.
(b) The Contractor shall not knowingly provide compensation to a covered DoD official within 2 years after the official leaves DoD service, without first determining that the official has sought and received, or has not received after 30 days of seeking, a written opinion from the appropriate DoD ethics counselor regarding the applicability of post-employment restrictions to the activities that the official is expected to undertake on behalf of the Contractor.
(c) Failure by the Contractor to comply with paragraph (b) of this clause may subject the Contractor to rescission of this contract, suspension, or debarment in accordance with 41 U.S.C. 2105(c).
(End of clause)
252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2022-12
REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS
(DEC 2022)
(a) The Contractor shall inform its employees in writing, in the predominant native language of the workforce, of contractor employee whistleblower rights and protections under 10 U.S.C. 4701, as described in subpart 203.9 of the Defense Federal Acquisition Regulation Supplement.
(b) The Contractor shall include the substance of this clause, including this paragraph (b), in all subcontracts.
(End of clause)
252.203-7005 Representation Relating to Compensation of Former DoD
Officials.
2022-09
REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP
2022)
(a) . "Covered DoD official" is defined in the clause at 252.203-7000, Requirements Definition Relating to Compensation of Former DoD Officials.
(b) By submission of this offer, the Offeror represents, to the best of its knowledge and belief, that all covered DoD officials employed by or otherwise receiving compensation from the Offeror, and who are expected to undertake activities on behalf of the Offeror for any resulting contract, are presently in compliance with all applicable post-employment restrictions, including those contained in 18 U.S.C. 207, 41 U.S.C. 2101-2107, 5 CFR part 2641, section 1045 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91), and Federal Acquisition Regulation 3.104-2.
(End of provision)
252.204-7002 Payment for Contract Line or Subline Items Not Separately
Priced.
2020-04
PAYMENT FOR CONTRACT LINE OR SUBLINE ITEMS NOT SEPARATELY PRICED (APR
2020)
(a) If the schedule in this contract contains any contract line or subline items identified as not separately priced (NSP), it means that the unit price for the NSP line or subline item is included in the unit price of another, related line or subline item.
(b) The Contractor shall not invoice the Government for an item that includes in its price an NSP item until-
(1) The Contractor has also delivered the NSP item included in the price of the item being invoiced; and
(2) The Government has accepted the NSP item.
(c) This clause does not apply to technical data.
(End of clause)
252.204-7004 Antiterrorism Awareness Training for Contractors. 2023-01
ANTITERRORISM AWARENESS TRAINING FOR CONTRACTORS (JAN 2023)
(a) . As used in this clause- Definition
"Military installation" means a base, camp, post, station, yard, center, or other activity under the jurisdiction of the Secretary of a military department or, in the case of an activity in a foreign country, under the operational control of the Secretary of a military department or the Secretary of Defense (see 10 U.S.C. 2801(c)(4)).
(b) . Contractor personnel who require routine physical access to a Federally-controlled Training facility or military installation shall complete Level I antiterrorism awareness training within 30 days of requiring access and annually thereafter. In accordance with Department of Defense Instruction O-
2000.16 Volume 1, DoD Antiterrorism (AT) Program Implementation: DoD AT Standards, Level I antiterrorism awareness training shall be completed-
(1) Through a DoD-sponsored and certified computer or web-based distance learning instruction for Level I antiterrorism awareness; or
(2) Under the instruction of a Level I antiterrorism awareness instructor.
(c) . Information and guidance pertaining to DoD antiterrorism awareness Additional information training is available at or as otherwise identified in the performance work statement.https://jko.jten.mil/
(d) . The Contractor shall include the substance of this clause, including this Subcontracts paragraph (d), in subcontracts, including subcontracts for commercial products and commercial services, when subcontractor performance requires routine physical access to a Federally-controlled facility or military installation.
Compliance with Safeguarding Covered Defense Information
252.204-7008 Controls. 2016-10
COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION CONTROLS
(OCT 2016)
(a) . As used in this provision-Definitions
"Controlled technical information," "covered contractor information system," "covered defense information," "cyber incident," "information system," and "technical 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, 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 service or system operated on behalf of the Government (see 252.204-7012(b)(2)-
(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) that are in effect at the time the solicitation is issued or as authorized by the contracting officer 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 are 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.
2024-05
SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT
REPORTING (MAY 2024)
(a) . As used in this clause- Definitions
"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) . The Contractor shall provide adequate security on all covered contractor Adequate security 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" (available via the internet at https://csrc.nist.gov
) in effect at the time the solicitation is issued or as authorized by the Contracting /publications/sp800 Officer.
(ii)(A) The Contractor shall implement NIST SP 800-171, as soon as practical, but not later than December 31, 2017. For all contracts awarded prior to October 1, 2017, the Contractor shall notify the DoD Chief Information Officer (CIO), via email at osd.dibcsia@mail.mil, within 30 days of contract award, of any security requirements specified by NIST SP 800-171 not implemented at the time of contract award.
(B) The Contractor shall submit requests to vary from NIST SP 800-171 in writing to the Contracting Officer, for consideration by the DoD CIO. The Contractor need not implement any security requirement adjudicated by an authorized representative of the DoD CIO to be nonapplicable or to have an alternative, but equally effective, security measure that may be implemented in its place.
(C) If the DoD CIO has previously adjudicated the contractor's requests indicating that a requirement is not applicable or that an alternative security measure is equally effective, a copy of that approval shall be provided to the Contracting Officer when requesting its recognition under this contract.
(D) If the Contractor intends to use an external cloud service provider to store, process, or transmit any covered defense information in performance of this contract, the Contractor shall require and ensure that the cloud service provider meets security requirements equivalent to those established by the Government for the Federal Risk and Authorization Management Program (FedRAMP) Moderate baseline ( ) and that the cloud https://www.fedramp.gov/documents-templates/ 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) The cyber incident report shall be treated as information created by Cyber incident report.
or for DoD and shall include, at a minimum, the required elements at https://dibnet.dod.mil.
(3) . In order to report cyber incidents in accordance Medium assurance certificate requirement 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) . When the Contractor or subcontractors discover and isolate malicious Malicious software 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) . When a Contractor discovers a cyber incident has Media preservation and protection 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) . Upon request Access to additional information or equipment necessary for forensic analysis by DoD, the Contractor shall provide DoD with access to additional information or equipment that is necessary to conduct a forensic analysis.
(g) . If DoD elects to conduct a damage assessment, Cyber incident damage assessment activities 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) . The DoD safeguarding and use of contractor attributional/proprietary information 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) . The safeguarding and cyber incident reporting Other safeguarding or reporting requirements 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) . The Contractor shall- Subcontracts
(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)
252.204-7018 Prohibition on the Acquisition of Covered Defense
Telecommunications Equipment or Services.
2023-01
PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS
EQUIPMENT OR SERVICES (JAN 2023)
(a) . As used in this clause- Definitions
"Covered defense telecommunications equipment or services" means-
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation, or any subsidiary or affiliate of such entities;
(2) Telecommunications services provided by such entities or using such equipment; or
(3) Telecommunications equipment or services produced or provided by an entity that the Secretary of Defense reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
"Covered foreign country" means-
(1) The People's Republic of China; or
(2) The Russian Federation.
"Covered missions" means-
(1) The nuclear deterrence mission of DoD, including with respect to nuclear command, control, and communications, integrated tactical warning and attack assessment, and continuity of Government; or
(2) The homeland defense mission of DoD, including with respect to ballistic missile defense.
"Critical technology" means-
(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;
(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-
(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or
(ii) For reasons relating to regional stability or surreptitious listening;
(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);
(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);
(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or
(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).
"Substantial or essential component" means any component necessary for the proper function or performance of a piece of equipment, system, or service.
(b) . In accordance with section 1656 of the National Defense Authorization Act for Prohibition Fiscal Year 2018 (Pub. L. 115-91), the contractor shall not provide to the Government any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless the covered defense telecommunication equipment or services are covered by a waiver described in Defense Federal Acquisition Regulation Supplement 204.2104.
(c) . The Contractor shall review the list of excluded parties in the System for Award Procedures Management (SAM) at for entities that are excluded when providing any https://www.sam.gov equipment, system, or service, to carry out covered missions, that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.
(d) . Reporting
(1) In the event the Contractor identifies covered defense telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, the Contractor shall report at the https://dibnet.dod.mil information in paragraph (d)(2) of this clause.
(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:
(i) Within 3 business days from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
(ii) Within 30 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered defense telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.
(e) . The Contractor shall insert the substance of this clause, including this paragraph Subcontracts (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.
(End of clause)
252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements. 2023-11
NOTICE OF NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (NOV 2023)
(a) . Definitions
"Basic Assessment", "Medium Assessment", and "High Assessment" have the meaning given in the clause 252.204-7020, NIST SP 800-171 DoD Assessments.
"Covered contractor information system" has the meaning given in the clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting, of this solicitation.
(b) . In order to be considered for award, if the Offeror is required to implement Requirement NIST SP 800-171, the Offeror shall have a current assessment (i.e., not more than 3 years old unless a lesser time is specified in the solicitation) (see 252.204-7020) for each covered contractor information system that is relevant to the offer, contract, task order, or delivery order. The Basic, Medium, and High NIST SP 800-171 DoD Assessments are described in the NIST SP 800-171 DoD Assessment Methodology located at https://www.acq.osd.mil/asda/dpc/cp/cyber/docs/safeguarding/NIST-SP-800-
.171-Assessment-Methodology-Version-1.2.1-6.24.2020.pdf
(c) . Procedures
(1) The Offeror shall verify that summary level scores of a current NIST SP 800-171 DoD Assessment (i.e., not more than 3 years old unless a lesser time is specified in the solicitation) are posted in the Supplier Performance Risk System (SPRS) (https://www.sprs.csd.disa.mil/) for all covered contractor information systems relevant to the offer.
(2) If the Offeror does not have summary level scores of a current NIST SP 800-171 DoD Assessment (i.e., not more than 3 years old unless a lesser time is specified in the solicitation) posted in SPRS, the Offeror may conduct and submit a Basic Assessment to webptsmh@navy.mil for posting to SPRS in the format identified in paragraph (d) of this provision.
(d) . Summary level scores for all assessments will be posted 30 days post- Summary level scores assessment in SPRS to provide DoD Components visibility into the summary level scores of strategic assessments.
(1) . An Offeror may follow the procedures in paragraph (c)(2) of this Basic Assessments provision for posting Basic Assessments to SPRS.
(i) The email shall include the following information:
(A) Cybersecurity standard assessed (e.g., NIST SP 800-171 Rev 1).
(B) Organization conducting the assessment (e.g., Contractor self-assessment).
(C) For each system security plan (security requirement 3.12.4) supporting the performance of a DoD contract-
( ) All industry Commercial and Government Entity (CAGE) code(s) associated with the information 1 system(s) addressed by the system security plan; and
( ) A brief description of the system security plan architecture, if more than one plan exists.2
(D) Date the assessment was completed.
(E) Summary level score (e.g., 95 out of 110, NOT the individual value for each requirement).
(F) Date that all requirements are expected to be implemented (i.e., a score of 110 is expected to be achieved) based on information gathered from associated plan(s) of action developed in accordance with NIST SP 800-171.
(ii) If multiple system security plans are addressed in the email described at paragraph (d) (1)(i) of this section, the Offeror shall use the following format for the report:
System Security Plan
CAGE
Codes supported by this plan
Brief description of the plan architecture
Date of assessment
Total Score
Date score of 110 will achieved
(2) . DoD will post the following Medium and/or High Medium and High Assessments Assessment summary level scores to SPRS for each system assessed:
(i) The standard assessed (e.g., NIST SP 800-171 Rev 1).
(ii) Organization conducting the assessment, e.g., DCMA, or a specific organization (identified by Department of Defense Activity Address Code (DoDAAC)).
(iii) All industry CAGE code(s) associated with the information system(s) addressed by the system security plan.
(iv) A brief description of the system security plan architecture, if more than one system security plan exists.
(v) Date and level of the assessment, i.e., medium or high.
(vi) Summary level score (e.g., 105 out of 110, not the individual value assigned for each requirement).
(vii) Date that all requirements are expected to be implemented (i.e., a score of 110 is expected to be achieved) based on information gathered from associated plan(s) of action developed in accordance with NIST SP 800-171.
(3) . Accessibility
(i) Assessment summary level scores posted in SPRS are available to DoD personnel, and are protected, in accordance with the standards set forth in DoD Instruction 5000.79, Defense-wide Sharing and Use of Supplier and Product Performance Information (PI).
(ii) Authorized representatives of the Offeror for which the assessment was conducted may access SPRS to view their own summary level scores, in accordance with the SPRS Software User's Guide for Awardees/Contractors available at https://www.sprs.csd.disa.mil/pdf/SPRS_Awardee.pdf.
(iii) A High NIST SP 800-171 DoD Assessment may result in documentation in addition to that listed in this section. DoD will retain and protect any such documentation as "Controlled Unclassified Information (CUI)" and intended for internal DoD use only. The information will be protected against unauthorized use and release, including through the exercise of applicable exemptions under the Freedom of Information Act (e.g., Exemption 4 covers trade secrets and commercial or financial information obtained from a contractor that is privileged or confidential).
(End of provision)
252.204-7024 Notice on the Use of the Supplier Performance Risk System. 2023-03
NOTICE ON THE USE OF THE SUPPLIER PERFORMANCE RISK SYSTEM (MAR 2023)
(a) . As used in this provision- Definitions
"Item risk" means the probability that a product, based on intended use, will introduce performance risk resulting in safety issues, mission degradation, or monetary loss.
"Price risk" means a measure of whether a proposed price for a product or service is consistent with historical prices paid for that item or service.
"Supplier risk" means the probability that an award may subject the procurement to the risk of unsuccessful performance or to supply chain risk (see Defense Federal Acquisition Regulation Supplement 239.7301).
(b) The Supplier Performance Risk System (SPRS), available at , will be used https://piee.eb.mil/ in the evaluation of the Quoter or Offeror's performance. SPRS retrieves item, price, quality, delivery, and contractor information on contracts from Government reporting systems in order to develop risk assessments.
(c) The Contracting Officer will consider SPRS risk assessments during the evaluation of quotations or offers received in response to this solicitation as follows:
(1) Item risk will be considered to determine whether the procurement represents a high performance risk to the Government.
(2) Price risk will be considered in determining if a proposed price is consistent with historical prices paid for a product or a service or otherwise creates a risk to the Government.
(3) Supplier risk, including but not limited to quality and delivery, will be considered to assess the risk of unsuccessful performance and supply chain risk.
(d) SPRS risk assessments are generated daily. Quoters or Offerors are able to access their risk assessments by following the access instructions in the SPRS user's guide available at https://www.sprs.
. Quoters and Offerors are granted access to SPRS for their own risk csd.disa.mil/reference.htm assessment classifications only. SPRS reporting procedures and risk assessment methodology are detailed in the SPRS user's guide. The method to challenge a rating generated by SPRS is also provided in the user's guide. SPRS evaluation criteria are available at https://www.sprs.csd.disa.mil/pdf
./SPRS_DataEvaluationCriteria.pdf
(e) The Contracting Officer may consider any other available and relevant information when evaluating a quotation or an offer.
(End of provision)
252.223-7008 Prohibition of Hexavalent Chromium. 2023-01
PROHIBITION OF HEXAVALENT CHROMIUM (JAN 2023)
(a) . As used in this clause- Definitions
"Homogeneous material" means a material that cannot be mechanically disjointed into different materials and is of uniform composition throughout.
(1) Examples of homogeneous materials include individual types of plastics, ceramics, glass, metals, alloys, paper, board, resins, and surface coatings.
(2) Homogeneous material does not include conversion coatings that chemically modify the substrate.
"Mechanically disjointed" means that the materials can, in principle, be separated by mechanical actions such as unscrewing, cutting, crushing, grinding, and abrasive processes.
(b) . Prohibition
(1) Unless otherwise specified by the Contracting Officer, the Contractor shall not provide any deliverable or construction material under this contract that-
(i) Contains hexavalent chromium in a concentration greater than 0.1 percent by weight in any homogenous material; or
(ii) Requires the removal or reapplication of hexavalent chromium materials during subsequent sustainment phases of the deliverable or construction material.
(2) This prohibition does not apply to hexavalent chromium produced as a by-product of manufacturing processes.
(c) If authorization for incorporation of hexavalent chromium in a deliverable or construction material is required, the Contractor shall submit a request to the Contracting Officer.
(d) . The Contractor shall include the substance of this clause, including this Subcontracts paragraph (d), in all subcontracts, including subcontracts for commercial products or commercial services, that are for supplies, maintenance and repair services, or construction materials.
(End of clause)
252.225-7001 Buy American and Balance of Payments Program. 2024-02
BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM-BASIC (FEB 2024)
(a) As used in this clause- Definitions.
"Commercially available off-the-shelf (COTS) item"-
(1) Means any item of supply (including construction material) that is-
(i) A commercial product (as defined in paragraph (1) of the definition of "commercial product" in section 2.101 of the Federal Acquisition Regulation (FAR));
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.
"Component" means an article, material, or supply incorporated directly into an end product.
"Critical component" means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain. The list of critical components is at FAR 25.105.
"Critical item" means a domestic construction material or domestic end product that is deemed critical to the U.S. supply chain. The list of critical items is at FAR 25.105.
"Domestic end product" means-
(1) For an end product that does not consist wholly or predominantly of iron or steel or a combination of both-
(i) An unmanufactured end product mined or produced in the United States; or
(ii) An end product manufactured in the if- United States
(A) The cost of its qualifying country components and its components that are mined, produced, or manufactured in the United States exceeds 60 percent of the cost…
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