Solicitation.pdf
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- Medical Gases
- Solicitation number
- W81K00-20-Q-0195
- Issued by
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Department of the Army Medical Command
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| Questions and Answers_11 August 2020.docx.pdf | ||
| Solicitation Amendment II.pdf | ||
| Solicitation Amendment.pdf |
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SEE ADDENDUM
(No Collect Calls)
W81K0020Q0195 29-Jul-2020
b. TELEPHONE NUMBER
210-221-4820
8. OFFER DUE DATE/LOCAL TIME
12:00 PM 05 Aug 2020
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA – FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER)
ADDENDA ARE
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
23.
CODE 10. THIS ACQUISITION IS
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TELEPHONE NO.
W81K009. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
KIMBERLY R. MACIAS
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
20.
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
0011519913-0001
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
. YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
% FOR:SET ASIDE:UNRESTRICTED OR X
SMALL BUSINESSX
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
W40M USA HLTH CONTRACTING ACT
REGIONAL HEALTH CONTRACT OFF CENTRAL
2539 GARDEN AVENUE
FT SAM HOUSTON TX 78234-0000
18a. PAYMENT WILL BE MADE BY CODE
RATED ORDER UNDER
DPAS (15 CFR 700)
13a. THIS CONTRACT IS A
13b. RATING
CODE15. DELIVER TO CODE W51HQT 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
EVANS ARMY COMMUNITY HOSPITAL
EVANS ARMY COMMUNITY HOSPITAL
1650 COCHRANE CIRCLE
FORT CARSON, CO 80913 CO 80913
TEL: FAX:
FAX:
TEL: SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
1,000
NAICS:
325120
X
OFFER DATED
29. AWARD OF CONTRACT: REF.
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
EMAIL:
TEL:
31c. DATE SIGNED
SEE SCHEDULE
SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT
24.22.21.19.
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
PAGE 2 OF79
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
37. CHECK NUMBER
FINALPARTIALCOMPLETE
36. PAYMENT35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER
FINAL
33. SHIP NUMBER
PARTIAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 2/2012) BACK
Prescribed by GSA – FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
SEE SCHEDULE
20.
SCHEDULE OF SUPPLIES/ SERVICES
21.
QUANTITY UNIT
22. 23.
UNIT PRICE
24.
AMOUNT
19.
ITEM NO.
W81K0020Q0195
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1,258 Each
MEDICAL GRADE-OX-M-D
FFP
Provide Medical GRADE-OX-M-D FOB: Destination
PURCHASE REQUEST NUMBER: 0011519913-0001
PSC CD: 6830
NET AMT
0002 20 Each
OXYGEN, MED GRADE-OX-M-DD
FFP
Provide OXYGEN, MED GRADE-OX-M-DD FOB: Destination
0003 9 Each
OXYGEN, MED GRADE-OX-M-DEY
FFP
OXYGEN, MED GRADE-OX-M-DEY
FOB: Destination
0004 450 Each
OXYGEN ,MED GRADE-OX-M-E
FFP
OXYGEN ,MED GRADE-OX-M-E
FOB: Destination
0005 40 Each
OXYGEN, MED GRADE-OX-M-K
FFP
OXYGEN, MED GRADE-OX-M-K
FOB: Destination
0006 40 Each
CARBON DIOX. MED GRADE-M-50
FFP
CARBON DIOX. MED GRADE-M-50
FOB: Destination
0007 40 Each
CARBON DIOX. MED GRADE-AE
FFP
CARBON DIOX. MED GRADE-AE
FOB: Destination
0008 250 Each
CARBON DIOX MED GRADE CD-M-E
FFP
CARBON DIOX MED GRADE CD-M-E
FOB: Destination
0009 53 Each
CARBON DIOX, MED GRADE-M-K
FFP
CARBON DIOX, MED GRADE-M-K
FOB: Destination
0010 2 Each
CARBON DIOX, M-Q
FFP
CARBON DIOX, M-Q
FOB: Destination
0011 44 Each
NITROGEN MED GRADE-NI-M-DEY
FFP
NITROGEN MED GRADE-NI-M-DEY
FOB: Destination
0012 175 Each
EVANS-NI-M-K
FFP
EVANS-NI-M-K
FOB: Destination
0013 31 Each
NITROGEN MED GRADE NI-M-T
FFP
NITROGEN MED GRADE NI-M-T
FOB: Destination
0014 7 Each
NITROGEN MED GRADENI-M-DEY
FFP
NITROGEN MED GRADENI-M-DEY
FOB: Destination
0015 18 Each
NITROUS OXIDE, NS-M-K
FFP
NITROUS OXIDE, NS-M-K
FOB: Destination
0016 47 Each
LIQUID NITRO MED GRADE NI-LCDS-180
FFP
LIQUID NITRO MED GRADE NI-LCDS-180
FOB: Destination
0017 4,352 Each
LIQUID NITROGEN, NI-LTR
FFP
LIQUID NITROGEN, NI-LTR
FOB: Destination
0018 18,704 Each
LIQUID OXYGEN OX-M-BULK
FFP
LIQUID OXYGEN OX-M-BULK
FOB: Destination
0019 13,000 Job
DRY ICE
FFP
DRY ICE
FOB: Destination
0020 20 Each
CYLINDER MAINTENANCE FEE VARIOUS
FFP
CYLINDER MAINTENANCE FEE VARIOUS
FOB: Destination
0021 52 Each
DELIVERY
FFP
DELIVERY
FOB: Destination
0022 1 Each
HAZMAT
FFP
HAZMAT
FOB: Destination
0023 12 Each
METAL WRENCH
FFP
METAL WRENCH
FOB: Destination
0024 12 Each
PAINT/STENCIL
FFP
PAINT/STENCIL
FOB: Destination
0025 12 Each
UTRASONIC TEST
FFP
UTRASONIC TEST
FOB: Destination
0026 12 Each
VALVE-NEW
FFP
VALVE-NEW
FOB: Destination
0027 12 Each
VALVE REPAIR
FFP
VALVE REPAIR
FOB: Destination
0028 12 Each
VALVE SAFETY
FFP
VALVE SAFETY
FOB: Destination
0029 12 Each
CARBON DIOXIDE REGULATOR
FFP
CARBON DIOXIDE REGULATOR
FOB: Destination
1001 1,258 Each
MEDICAL GRADE-OX-M-D
FFP
MEDICAL GRADE-OX-M-D
FOB: Destination
1002 20 Each
OXYGEN, MED GRADE-OX-M-DD
FFP
OXYGEN, MED GRADE-OX-M-DD
FOB: Destination
1003 9 Each
OXYGEN, MED GRADE-OX-M-DEY
FFP
OXYGEN, MED GRADE-OX-M-DEY
FOB: Destination
1004 450 Each
OXYGEN ,MED GRADE-OX-M-E
FFP
OXYGEN ,MED GRADE-OX-M-E
FOB: Destination
1005 40 Each
OXYGEN, MED GRADE-OX-M-K
FFP
OXYGEN, MED GRADE-OX-M-K
FOB: Destination
1006 40 Each
CARBON DIOX. MED GRADE-M-50
FFP
CARBON DIOX. MED GRADE-M-50
FOB: Destination
1007 40 Each
CARBON DIOX. MED GRADE-AE
FFP
CARBON DIOX. MED GRADE-AE
FOB: Destination
1008 250 Each
CARBON DIOX MED GRADE CD-M-E
FFP
CARBON DIOX MED GRADE CD-M-E
FOB: Destination
1009 53 Each
CARBON DIOX, MED GRADE-M-K
FFP
CARBON DIOX, MED GRADE-M-K
FOB: Destination
1010 2 Each
CARBON DIOX, M-Q
FFP
CARBON DIOX, M-Q
FOB: Destination
1011 44 Each
NITROGEN MED GRADE-NI-M-DEY
FFP
NITROGEN MED GRADE-NI-M-DEY
FOB: Destination
1012 175 Each
EVANS-NI-M-K
FFP
EVANS-NI-M-K
FOB: Destination
1013 31 Each
NITROGEN MED GRADE NI-M-T
FFP
NITROGEN MED GRADE NI-M-T
FOB: Destination
1014 7 Each
NITROGEN MED GRADENI-M-DEY
FFP
NITROGEN MED GRADENI-M-DEY
FOB: Destination
1015 18 Each
NITROUS OXIDE, NS-M-K
FFP
NITROUS OXIDE, NS-M-K
FOB: Destination
1016 47 Each
LIQUID NITRO MED GRADE NI-LCDS-180
FFP
LIQUID NITRO MED GRADE NI-LCDS-180
FOB: Destination
1017 4,352 Each
LIQUID NITROGEN, NI-LTR
FFP
LIQUID NITROGEN, NI-LTR
FOB: Destination
1018 18,704 Each
LIQUID OXYGEN OX-M-BULK
FFP
LIQUID OXYGEN OX-M-BULK
FOB: Destination
1019 13,000 Job
DRY ICE
FFP
DRY ICE
FOB: Destination
1020 20 Each
CYLINDER MAINTENANCE FEE VARIOUS
FFP
CYLINDER MAINTENANCE FEE VARIOUS
FOB: Destination
1021 52 Each
DELIVERY
FFP
DELIVERY FEES
FOB: Destination
1022 1 Each
HAZMAT
FFP
HAZMAT
FOB: Destination
1023 12 Each
METAL WRENCH
FFP
METAL WRENCH
FOB: Destination
1024 12 Each
PAINT/STENCIL
FFP
PAINT/STENCIL
FOB: Destination
1025 12 Each
UTRASONIC TEST
FFP
UTRASONIC TEST
FOB: Destination
1026 12 Each
VALVE-NEW
FFP
VALVE-NEW
FOB: Destination
1027 12 Each
VALVE REPAIR
FFP
VALVE REPAIR
FOB: Destination
1028 12 Each
VALVE SAFETY
FFP
VALVE SAFETY
FOB: Destination
1029 12 Each
CARBON DIOXIDE REGULATOR
FFP
CARBON DIOXIDE REGULATOR
FOB: Destination
2001 1,258 Each
MEDICAL GRADE-OX-M-D
FFP
MEDICAL GRADE-OX-M-D
FOB: Destination
2002 20 Each
OXYGEN, MED GRADE-OX-M-DD
FFP
OXYGEN, MED GRADE-OX-M-DD
FOB: Destination
2003 9 Each
OXYGEN, MED GRADE-OX-M-DEY
FFP
OXYGEN, MED GRADE-OX-M-DEY
FOB: Destination
2004 450 Each
OXYGEN ,MED GRADE-OX-M-E
FFP
OXYGEN ,MED GRADE-OX-M-E
FOB: Destination
2005 40 Each
OXYGEN, MED GRADE-OX-M-K
FFP
OXYGEN, MED GRADE-OX-M-K
FOB: Destination
2006 40 Each
CARBON DIOX. MED GRADE-M-50
FFP
CARBON DIOX. MED GRADE-M-50
FOB: Destination
2007 40 Each
CARBON DIOX. MED GRADE-AE
FFP
CARBON DIOX. MED GRADE-AE
FOB: Destination
2008 250 Each
CARBON DIOX MED GRADE CD-M-E
FFP
CARBON DIOX MED GRADE CD-M-E
FOB: Destination
2009 53 Each
CARBON DIOX, MED GRADE-M-K
FFP
CARBON DIOX, MED GRADE-M-K
FOB: Destination
2010 2 Each
CARBON DIOX, M-Q
FFP
CARBON DIOX, M-Q
FOB: Destination
2011 44 Each
NITROGEN MED GRADE-NI-M-DEY
FFP
NITROGEN MED GRADE-NI-M-DEY
FOB: Destination
2012 175 Each
EVANS-NI-M-K
FFP
EVANS-NI-M-K
FOB: Destination
2013 31 Each
NITROGEN MED GRADE NI-M-T
FFP
NITROGEN MED GRADE NI-M-T
FOB: Destination
2014 7 Each
NITROGEN MED GRADENI-M-DEY
FFP
NITROGEN MED GRADENI-M-DEY
FOB: Destination
2015 18 Each
NITROUS OXIDE, NS-M-K
FFP
NITROUS OXIDE, NS-M-K
FOB: Destination
2016 47 Each
LIQUID NITRO MED GRADE NI-LCDS-180
FFP
LIQUID NITRO MED GRADE NI-LCDS-180
FOB: Destination
2017 4,352 Each
LIQUID NITROGEN, NI-LTR
FFP
LIQUID NITROGEN, NI-LTR
FOB: Destination
2018 18,704 Each
LIQUID OXYGEN OX-M-BULK
FFP
LIQUID OXYGEN OX-M-BULK
FOB: Destination
2019 13,000 Job
DRY ICE
FFP
DRY ICE
FOB: Destination
2020 20 Each
CYLINDER MAINTENANCE FEE VARIOUS
FFP
CYLINDER MAINTENANCE FEE VARIOUS
FOB: Destination
2021 52 Each
DELIVERY
FFP
DELIVERY FEES
FOB: Destination
2022 1 Each
HAZMAT
FFP
HAZMAT
FOB: Destination
2023 12 Each
METAL WRENCH
FFP
METAL WRENCH
FOB: Destination
2024 12 Each
PAINT/STENCIL
FFP
PAINT/STENCIL
FOB: Destination
2025 12 Each
UTRASONIC TEST
FFP
UTRASONIC TEST
FOB: Destination
2026 12 Each
VALVE-NEW
FFP
VALVE-NEW
FOB: Destination
2027 12 Each
VALVE REPAIR
FFP
VALVE REPAIR
FOB: Destination
2028 12 Each
VALVE SAFETY
FFP
VALVE SAFETY
FOB: Destination
2029 12 Each
CARBON DIOXIDE REGULATOR
FFP
CARBON DIOXIDE REGULATOR
FOB: Destination
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 01-OCT-2020 TO
30-SEP-2021
N/A EVANS ARMY COMMUNITY HOSPITAL
EVANS ARMY COMMUNITY HOSPITAL
1650 COCHRANE CIRCLE
FORT CARSON, CO 80913 CO 80913
FOB: Destination
W51HQT
0002 POP 01-OCT-2020 TO
30-SEP-2021
N/A (SAME AS PREVIOUS LOCATION)
0003 POP 01-OCT-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
0004 POP 01-OCT-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
0005 POP 01-OCT-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
0006 POP 01-OCT-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
0007 POP 01-OCT-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
0008 POP 01-OCT-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
0009 POP 01-OCT-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
0010 POP 01-OCT-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
0011 POP 01-OCT-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
0012 POP 01-OCT-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
0013 POP 01-OCT-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
0014 POP 01-OCT-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
0015 POP 01-OCT-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
0016 POP 01-OCT-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
0017 POP 01-OCT-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
0018 POP 01-OCT-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
0019 POP 01-OCT-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
0020 POP 01-OCT-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
0021 POP 01-OCT-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
0022 POP 01-OCT-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
0023 POP 01-OCT-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
0024 POP 01-OCT-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
0025 POP 01-OCT-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
0026 POP 01-OCT-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
0027 POP 01-OCT-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
0028 POP 01-OCT-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
0029 POP 01-OCT-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
1001 POP 01-OCT-2021 TO
30-SEP-2022
N/A (SAME AS PREVIOUS LOCATION)
1002 POP 01-OCT-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
1003 POP 01-OCT-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
1004 POP 01-OCT-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
1005 POP 01-OCT-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
1006 POP 01-OCT-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
1007 POP 01-OCT-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
1008 POP 01-OCT-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
1009 POP 01-OCT-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
1010 POP 01-OCT-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
1011 POP 01-OCT-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
1012 POP 01-OCT-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
1013 POP 01-OCT-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
1014 POP 01-OCT-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
1015 POP 01-OCT-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
1016 POP 01-OCT-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
1017 POP 01-OCT-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
1018 POP 01-OCT-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
1019 POP 01-OCT-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
1020 POP 01-OCT-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
1021 POP 01-OCT-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
1022 POP 01-OCT-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
1023 POP 01-OCT-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
1024 POP 01-OCT-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
1025 POP 01-OCT-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
1026 POP 01-OCT-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
1027 POP 01-OCT-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
1028 POP 01-OCT-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
1029 POP 01-OCT-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
2001 POP 01-OCT-2022 TO
30-SEP-2023
N/A (SAME AS PREVIOUS LOCATION)
2002 POP 01-OCT-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
2003 POP 01-OCT-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
2004 POP 01-OCT-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
2005 POP 01-OCT-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
2006 POP 01-OCT-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
2007 POP 01-OCT-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
2008 POP 01-OCT-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
2009 POP 01-OCT-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
2010 POP 01-OCT-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
2011 POP 01-OCT-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
2012 POP 01-OCT-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
2013 POP 01-OCT-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
2014 POP 01-OCT-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
2015 POP 01-OCT-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
2016 POP 01-OCT-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
2017 POP 01-OCT-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
2018 POP 01-OCT-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
2019 POP 01-OCT-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
2020 POP 01-OCT-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
2021 POP 01-OCT-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
2022 POP 01-OCT-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
2023 POP 01-OCT-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
2024 POP 01-OCT-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
2025 POP 01-OCT-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
2026 POP 01-OCT-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
2027 POP 01-OCT-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
2028 POP 01-OCT-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
2029 POP 01-OCT-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
CLAUSES INCORPORATED BY REFERENCE
52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018
52.212-4 ADDENDUM
The Government may make unilateral modifications considered administrative in nature. These include, but are not limited to, changes in the accounting and appropriation data, payment and issuing office addresses, and other corrections that have no effect on the terms and conditions of the contract.
(v) The non-FAR Part 12 discretionary FAR, DFARS, AFARS, and LOCAL clauses included herein are incorporated into this contract either by reference or in full text. If incorporated by reference, see clause 52.252-2 herein for locations where full text can be found.
52.204-23 Prohibition on Contracting for Hardware, Software, and
Services Developed or Provided by Kaspersky Lab and Other Covered Entities.
JUL 2018
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
AUG 2019
52.219-6 Notice Of Total Small Business Set-Aside MAR 2020 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2020 52.222-50 Combating Trafficking in Persons JAN 2019 52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997 52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
JUN 2020
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008
52.232-18 Availability Of Funds APR 1984 52.232-33 Payment by Electronic Funds Transfer--System for Award
Management
OCT 2018
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7018 Prohibition on the Acquisition of Covered Defense
Telecommunications Equipment or Services
DEC 2019
252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
DEC 2018
252.232-7010 Levies on Contract Payments DEC 2006
CLAUSES INCORPORATED BY FULL TEXT
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)
(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.
“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (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.sam.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 shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:
(1) Document type. The Contractor shall submit payment requests using the following document type(s):
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items—
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
_________________________Invoice and Receiving Report_______________________
(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)
(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.
____________________________NA________________________________
(Contracting Officer: Insert either “Invoice 2in1” or the applicable invoice and receiving report document type(s) for fixed price line items for services.)
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial item financing, submit a commercial item financing request.
(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC HQ0490
Issue By DoDAAC W81K00
Admin DoDAAC** W81K00
Inspect By DoDAAC W81K00
Ship To Code W51HQT
Ship From Code N/A
Mark For Code N/A
Service Approver (DoDAAC) N/A
Service Acceptor (DoDAAC) N/A
Accept at Other DoDAAC N/A
LPO DoDAAC N/A
DCAA Auditor DoDAAC N/A
Other DoDAAC(s) N/A
(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert “See Schedule” or “Not applicable.”)
(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)
(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.
(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.
______________________ADD UPON AWARD_______________________________________
(Contracting Officer: Insert applicable information or “Not applicable.”)
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015)
(a) Definitions. As used in this clause--
Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
Subsidiary means an entity in which more than 50 percent of the entity is owned--
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
(b) If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period of performance of this contract, the Government may be prohibited from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. 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.
(c) Exceptions to this prohibition are located at 9.108-2.
(d) In the event the Contractor becomes either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting Officer within five business days from the date of the inversion event.
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 within 30 days before contract expire.
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor at least 30 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 36 months.
52.219-1 Small Business Program Representations MAR 2020
CLAUSES INCORPORATED BY FULL TEXT
52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (MAY 2020)
Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.
Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.
(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
(3) For long-term contracts--
(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.
(c) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.
(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.
(e) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.
(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph (b) and (c) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.
(g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (f) or (h) of this clause.
(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
(1) The Contractor represents that it [X] is, [ ] is not a small business concern under NAICS Code 325120 assigned to contract number TBD.
(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
(3) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a women-owned small business concern.
(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the Contractor represented itself as a women-owned small business concern in paragraph (h)(3) of this clause.] The Contractor represents that--
(i) It [ ] is, [ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (h)(4)(i) of this clause is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture.
[The Contractor shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the Contractor represented itself as a women-owned small business concern eligible under the WOSB Program in (h)(4) of this clause.] The Contractor represents that--
(i) It [ ] is, [ ] is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (h)(5)(i) of this clause is accurate for each EDWOSB concern participating in the joint venture. [The Contractor shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
(6) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a veteran-owned small business concern.
(7) [Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.] The Contractor represents that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.
(8) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that--
(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and
(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The Contractor shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
[Contractor to sign and date and insert authorized signer's name and title.]
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(es): https://acquisition.gov
52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of any DoD FAR Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT
REPORTING (DEC 2019)
(a) Definitions. As used in this clause--
Adequate security means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information.
Compromise means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred.
Contractor attributional/proprietary information means information that identifies the contractor(s), whether directly or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description, facility locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company.
Controlled technical information means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination.
Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.
Covered contractor information system means an unclassified information system that is owned, or operated by or for, a contractor and that processes, stores, or transmits covered defense information.
Covered defense information means unclassified controlled technical information or other information, as described in the Controlled Unclassified Information (CUI) Registry at http://www.archives.gov/cui/registry/category-list.html, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies, and is--
(1) Marked or otherwise identified in the contract, task order, or delivery order and provided to the contractor by or on behalf of DoD in support of the performance of the contract; or
(2) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract.
Cyber incident means actions taken through the use of computer networks that result in a compromise or an actual or potentially adverse effect on an information system and/or the information residing therein.
Forensic analysis means the practice of gathering, retaining, and analyzing computer-related data for investigative purposes in a manner that maintains the integrity of the data.
Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information.
Malicious software means computer software or firmware intended to perform an unauthorized process that will have adverse impact on the confidentiality, integrity, or availability of an information system. This definition includes a virus, worm, Trojan horse, or other code-based entity that infects a host, as well as spyware and some forms of adware.
Media means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which covered defense information is recorded, stored, or printed within a covered contractor information system.
Operationally critical support means supplies or services designated by the Government as critical for airlift, sealift, intermodal transportation services, or logistical support that is essential to the mobilization, deployment, or sustainment of the Armed Forces in a contingency operation.
Rapidly report means within 72 hours of discovery of any cyber incident.
Technical information means technical data or computer software, as those terms are defined in the clause at DFARS 252.227-7013, Rights in Technical Data--Noncommercial 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 on all covered contractor information systems.
To provide adequate security, the Contractor shall implement, at a minimum, the following information security protections:
(1) For covered contractor information systems that are part of an information technology (IT) service or system operated on behalf of the Government, the following security requirements apply:
(i) Cloud computing services shall be subject to the security requirements specified in the clause 252.239-7010, Cloud Computing Services, of this contract.
(ii) Any other such IT service or system (i.e., other than cloud computing) shall be subject to the security requirements specified elsewhere in this contract.
(2) For covered contractor information systems that are not part of an IT service or system operated on behalf of the Government and therefore are not subject to the security requirement specified at paragraph (b)(1) of this clause, the following security requirements apply:
(i) Except as provided in paragraph (b)(2)(ii) of this clause, the covered contractor information system shall be subject to the security requirements in National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, “Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations” (available via the internet at http://dx.doi.org/10.6028/NIST.SP.800-171) in effect at the time the solicitation is issued or as authorized by the Contracting 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 (https://www.fedramp.gov/resources/documents/) and that the cloud service provider complies with requirements in paragraphs (c) through (g) of this clause for cyber incident reporting, malicious software, media preservation and protection, access to additional information and equipment necessary for forensic analysis, and cyber incident damage assessment.
(3) Apply other information systems security measures when the Contractor reasonably determines that information systems security measures, in addition to those identified in paragraphs (b)(1) and (2) of this clause, may be required to provide adequate security in a dynamic environment or to accommodate special circumstances (e.g., medical devices) and any individual, isolated, or temporary deficiencies based on an assessed risk or vulnerability. These measures may be addressed in a system security plan.
(c) Cyber incident reporting requirement.
(1) When the Contractor discovers a cyber incident that affects a covered contractor information system or the covered defense information residing therein, or that affects the contractor's ability to perform the requirements of the contract that are designated as operationally critical support and identified in the contract, the Contractor shall--
(i) Conduct a review for evidence of compromise of covered defense information, including, but not limited to, identifying compromised computers, servers, specific data, and user accounts. This review shall also include analyzing covered contractor information system(s) that were part of the cyber incident, as well as other information systems on the Contractor's network(s), that may have been accessed as a result of the incident in order to identify compromised covered defense information, or that affect the Contractor's ability to provide operationally critical support; and
(ii) Rapidly report cyber incidents to DoD at https://dibnet.dod.mil.
(2) Cyber incident report. The cyber incident report shall be treated as information created by or for DoD and shall include, at a minimum, the required elements at https://dibnet.dod.mil.
(3) Medium assurance certificate requirement. In order to report cyber incidents in accordance with this clause, the Contractor or subcontractor shall have or acquire a DoD-approved medium assurance certificate to report cyber incidents. For information on obtaining a DoD-approved medium assurance certificate, see https://public.cyber.mil/eca/.
(d) Malicious software. When the Contractor or subcontractors discover and isolate malicious software in connection with a reported cyber incident, submit the malicious software to DoD Cyber Crime Center (DC3) in accordance with instructions provided by DC3 or the Contracting Officer. Do not send the malicious software to the Contracting Officer.
(e) Media preservation and protection. When a Contractor discovers a cyber incident has occurred, the Contractor shall preserve and protect images of all known affected information systems identified in paragraph (c)(1)(i) of this clause and all relevant monitoring/packet capture data for at least 90 days from the submission of the cyber incident report to allow DoD to request the media or decline interest.
(f) Access to additional information or equipment necessary for forensic analysis. Upon request by DoD, the Contractor shall provide DoD with access to additional information 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 32 CFR part 236); or
(5) To a support services contractor (“recipient”) that is directly supporting Government activities under a contract that includes the clause at 252.204-7009, Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information.
(j) Use and release of contractor attributional/proprietary information created by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is created by or for DoD (including the information submitted pursuant to paragraph (c) of this clause) is authorized to be used and released outside of DoD for purposes and activities authorized by paragraph (i) of this clause, and for any other lawful Government purpose or activity, subject to all applicable statutory, regulatory, and policy based restrictions on the Government's use and release of such information.
(k) The Contractor shall conduct activities under this clause in accordance with applicable laws and regulations on the interception, monitoring, access, use, and disclosure of electronic communications and data.
(l) Other safeguarding or reporting requirements. The safeguarding and cyber incident reporting required by this clause in no way abrogates the Contractor's responsibility for other safeguarding or cyber incident reporting pertaining to its unclassified information systems as required by other applicable clauses of this contract, or as a result of other applicable U.S. Government statutory or regulatory requirements.
(m) Subcontracts. The Contractor shall--
(1) Include this clause, including this paragraph (m), in subcontracts, or similar contractual instruments, for operationally critical support, or for which subcontract performance will involve covered defense information, including subcontracts for commercial items, without alteration, except to identify the parties.
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