Solicitation W9114F22Q0081 Final.pdf

COMBINED SYNOPSIS/SOLICITATION

W9114F22Q0081

Q-Genda Software

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in FAR Subpart 12.6 and using the procedures of FAR Part 13--Simplified Acquisition Procedures, as supplemented with additional information included in this notice. The solicitation number is W81K00-

22-O-0081 and it is issued as a Request for Quote (RFQ). This announcement constitutes the only RFQ that will be posted. A separate written solicitation document will not be issued. This document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-06 and the Defense Federal Acquisition Regulation with effective date of 23 June 2022.

This solicitation is for a maintaining the license to the purchased and installed Q-Genda software at

Madigan Army Medical Center, Joint Base Lewis McChord, Washington.

The North American Industrial Classification System (NAICS) code for this procurement is 511210, Software Publishers with a size standard of $41.5M. This acquisition is using Full and Competition.

Solicitation incorporates by reference FAR 52.212-1, 52.212-2, 52.212-3, 52.212-4 & 52.212-5 are attached. Addenda are attached.

The Point of Contact (POC) for this RFQ is Ms. Hyun Townsley and Mr. Michael Hughes. Offers and

Questions shall be submitted to the POCs via e-mail at hyun.j.townsley.civ@mail.mil and

Michael.w.hughes92.civ@mail.mil.

Quoters shall reference the following FAR Provisions and their Addendums to prepare and submit their offer:

(a) FAR Provision 52.212-1-Instructions to Offerors-Commercial Items and its Addendum; and,

(b) FAR Provision 52.212-2 Evaluation-Commercial Items and its Addendum.

Offers are due on or before 14 September 2022 at 02:00 PM Local Time (Berlin Germany). Offers received after this date and time will be considered untimely and not eligible for award.

Questions shall be submitted via email not later than 23 August 2022, 10:00 AM Local Time (Berlin

Germany). Government reserves the right not to answer questions received after this date/time.

Offerors shall complete the below with offer:

OFFEROR: (Business Name): ________________

CAGE Code: ________ _ DUNS: ________

ORDERING POC (Print) Name ____________ Date:

Signature _______________________ mailto:hyun.j.townsley.civ@mail.mil mailto:Michael.w.hughes92.civ@mail.mil

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 90 Each Q-Genda Schedule Automation

FFP

QGenda Sched Automation FR- Term License (Per User, Annual fee). The Vendor shall provide all required items/services for the Q-Genda Time Optimization software in accordance with the Statement of Work (SOW) and must meet Salient Characteristices. The Period of Performance : 30 September 2022 through 29 September 2023.

FOB: Destination

PSC CD: DG10

NET AMT

0002 1 Each Q-Genda On-Call Vocera Integration

FFP

QGenda Integration Enterprise -Term License (Per Integration, Annual fee). The Vendor shall provide all required items/services for the Q-Genda Time Optimization software in accordance with the Statement of Work (SOW) and must meet Salient Characteristices. The Period of Performance: 30 September 2022 through 29 September 2023.

0003 220 Each Q-Genda On-Call

FFP

QGenda On-Call FR - Term License (Per Bed, Annual fee). The Vendor shall provide all required items/services for the Q-Genda Time Optimization software in accordance with the Statement of Work (SOW) and must meet Salient Characteristices. The Period of Performance : 30 September 2022 through 29 September 2023.

Optional License Expension

FFP

Optional License Expension: The Vendor shall provide all required items/services for the Q-Genda Time Optimization software in accordance with the Statement of Work (SOW) and must meet Salient Characteristices. The Period of Performance :

30 September 2022 through 29 September 2023.

0004AA 10 Each Optional License Expension

FFP

QGenda Sched Automation FR - Activation (Per User, One-Time fee)

0004AB 10 Each Optional License Expension

FFP

QGenda Sched Automation FR - Term License (Per User, Annual fee)

0004AC 10 Each Optional License Expension

FFP

QGenda On-Call FR - Activation (Per Bed, One-Time fee)

0004AD 10 Each Optional License Expension

FFP

QGenda On-Call FR - Term License (Per Bed, Annual fee)

1001 90 Each OPTION Q-Genda Schedule Automation

FFP

QGenda Sched Automation FR- Term License (Per User, Annual fee). The Vendor shall provide all required items/services for the Q-Genda Time Optimization software in accordance with the Statement of Work (SOW) and must meet Salient Characteristices. Price is based on Price list submitted. The Period of Performance : 30 September 2023 through 29 September 2024.

1002 1 Each OPTION Q-Genda On-Call Vocera Integration

FFP

QGenda Integration Enterprise -Term License (Per Integration, Annual fee). The Vendor shall provide all required items/services for the Q-Genda Time Optimization software in accordance with the Statement of Work (SOW) and must meet Salient Characteristices. The Period of Performance: 30 September 2022 through 29 September 2023.

1003 220 Each OPTION Q-Genda On-Call

FFP

QGenda On-Call FR - Term License (Per Bed, Annual fee). The Vendor shall provide all required items/services for the Q-Genda Time Optimization software in accordance with the Statement of Work (SOW) and must meet Salient Characteristices. The Period of Performance : 30 September 2023 through 29 September 2024.

OPTION Optional License Expension

FFP

Optional License Expension: The Vendor shall provide all required items/services for the Q-Genda Time Optimization software in accordance with the Statement of

30 September 2023 through 29 September 2024.

1004AA 10 Each OPTION Optional License Expension

FFP

QGenda Sched Automation FR - Activation (Per User, One-Time fee)

1004AB 10 Each OPTION Optional License Expension

FFP

QGenda Sched Automation FR - Term License (Per User, Annual fee)

1004AC 10 Each OPTION Optional License Expension

FFP

QGenda On-Call FR - Activation (Per Bed, One-Time fee)

1004AD 10 Each OPTION Optional License Expension

FFP

QGenda On-Call FR - Term License (Per Bed, Annual fee)

2001 90 Each OPTION Q-Genda Schedule Automation

FFP

QGenda Sched Automation FR- Term License (Per User, Annual fee). The Vendor shall provide all required items/services for the Q-Genda Time Optimization software in accordance with the Statement of Work (SOW) and must meet Salient Characteristices. Price is based on Price list submitted. The Period of Performance : 30 September 2024 through 29 September 2025.

2002 1 Each OPTION Q-Genda On-Call Vocera Integration

FFP

QGenda Integration Enterprise -Term License (Per Integration, Annual fee). The Vendor shall provide all required items/services for the Q-Genda Time Optimization software in accordance with the Statement of Work (SOW) and must meet Salient Characteristices. The Period of Performance: 30 September 2022 through 29 September 2023.

2003 220 Each OPTION Q-Genda On-Call

FFP

QGenda On-Call FR - Term License (Per Bed, Annual fee). The Vendor shall provide all required items/services for the Q-Genda Time Optimization software in accordance with the Statement of Work (SOW) and must meet Salient Characteristices. The Period of Performance : 30 September 2024 through 29 September 2025.

OPTION Optional License Expension

FFP

Optional License Expension: The Vendor shall provide all required items/services for the Q-Genda Time Optimization software in accordance with the Statement of

30 September 2024 through 29 September 2025.

2004AA 10 Each OPTION Optional License Expension

FFP

QGenda Sched Automation FR - Activation (Per User, One-Time fee)

2004AB 10 Each OPTION Optional License Expension

FFP

QGenda Sched Automation FR - Term License (Per User, Annual fee)

2004AC 10 Each OPTION Optional License Expension

FFP

QGenda On-Call FR - Activation (Per Bed, One-Time fee)

2004AD 10 Each OPTION Optional License Expension

FFP

QGenda On-Call FR - Term License (Per Bed, Annual fee)

SALIENT CHARACTERISTICS

Schedule Automation Software: Software is required to automate call and clinic scheduling as well as meet ACGME requirements for resident supervision.

1. Salient Characteristics:

A. Must have an ATO (Authority to Operate) on the network B. Must be able to schedule call for residents, fellows, and staff/faculty C. Must be able to schedule clinics (not appointments) by half day for residents, fellows, and staff/faculty D. Must be able to publish the call and clinic schedules for viewing by all MTF staff

a. At least by Intranet, and preferably securely by personal devices with 2‐factor authentication E. Supervising faculty must be reachable from the published call schedule via one‐click icons to enact phone calls, pages, text, and potentially via Vocera F. The schedule automation software must be able to create call and clinic schedules both faster and easier than current methods G. The software must be able to accept for review requests for time off from any end user

a. This must also be able to not be reflected in the published schedule unless accepted by the responsible party/schedule maker

H. Once accepted, requests for time off must be reflected on the schedule and block the ability to inadvertently schedule clinic or call, creating staffing and patient satisfaction/access problems

I. The software must be able to schedule variable types of clinic and call, such as regular clinic, procedure clinic, medical student clinic, shift work, and specialty call.

J. The call and clinic schedules must be visible in real time as changes are made.

K. The software should be able to automatically create call and clinic schedules based on rules‐based templates, such as those based on academic rotations L. The software must be able to assign call based on skill sets, such as residency level or special skill sets

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 30-SEP-2022 TO

29-SEP-2023

N/A JOINT BASE LEWIS/MCCHORD

MADIGAN ARMY MEDICAL CENTER

BLDG9040 FITZSIMONS

TACOMA WA 98431

W68MX3

0002 POP 30-SEP-2022 TO

29-SEP-2023

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 30-SEP-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 N/A N/A N/A N/A

0004AA POP 30-SEP-2022 TO

29-SEP-2023

N/A JOINT BASE LEWIS/MCCHORD

MADIGAN ARMY MEDICAL CENTER

BLDG9040 FITZSIMONS

TACOMA WA 98431

0004AB POP 30-SEP-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

0004AC POP 30-SEP-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

0004AD POP 30-SEP-2022 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 30-SEP-2023 TO

29-SEP-2024

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 30-SEP-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 30-SEP-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

1004 N/A N/A N/A N/A

1004AA POP 30-SEP-2023 TO

29-SEP-2024

N/A JOINT BASE LEWIS/MCCHORD

MADIGAN ARMY MEDICAL CENTER

BLDG9040 FITZSIMONS

TACOMA WA 98431

1004AB POP 30-SEP-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

1004AC POP 30-SEP-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

1004AD POP 30-SEP-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 30-SEP-2024 TO

29-SEP-2025

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 30-SEP-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 30-SEP-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

2004 N/A N/A N/A N/A

2004AA POP 30-SEP-2024 TO

29-SEP-2025

N/A JOINT BASE LEWIS/MCCHORD

MADIGAN ARMY MEDICAL CENTER

BLDG9040 FITZSIMONS

TACOMA WA 98431

2004AB POP 30-SEP-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

2004AC POP 30-SEP-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

2004AD POP 30-SEP-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 N/A N/A N/A N/A 0004AA Destination Government Destination Government 0004AB Destination Government Destination Government 0004AC Destination Government Destination Government 0004AD Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 1004 N/A N/A N/A N/A 1004AA Destination Government Destination Government

1004AB Destination Government Destination Government 1004AC Destination Government Destination Government 1004AD Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 2004 N/A N/A N/A N/A 2004AA Destination Government Destination Government 2004AB Destination Government Destination Government 2004AC Destination Government Destination Government 2004AD Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.212-4 Contract Terms and Conditions--Commercial Products and

Commercial Services

NOV 2021

52.212-4 ADDENDUM

Add paragraph 52.212-4(w) - 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.

OTSG/MEDCOM Policy Memo 19-019, Policy for Reporting Incidents of Sexual Assault and Sexual Harassment under the Sexual Assault Prevention and Reponses Program (SHARP), 21 Mar 2019.

“End of Addendum to FAR 52.212-4”

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-6 Restrictions On Subcontractor Sales To The Government JUN 2020 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities

NOV 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.219-8 Utilization of Small Business Concerns OCT 2018 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2022 52.222-50 Combating Trafficking in Persons NOV 2021 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.232-18 Availability Of Funds APR 1984

52.232-33 Payment by Electronic Funds Transfer--System for Award Management

OCT 2018

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

NOV 2021

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-13 Bankruptcy JUL 1995 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 252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7018 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services

JAN 2021

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

MAY 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 252.232-7017 Accelerating Payments to Small Business Subcontractors--

Prohibition on Fees and Consideration

APR 2020

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012

CLAUSES INCORPORATED BY FULL TEXT

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021)

(a) Definitions. As used in this clause--

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015)

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.

52.217-9 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 within 15 days before contract expires; 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.

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (SEP 2021)

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--

(1) 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.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13

CFR 121.103.

(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 an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees if the acquisition--

(1) Was set aside for small business and has a value above the simplified acquisition threshold;

(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or

(3) Was an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(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 [ ] is, [ ] is not a small business concern under NAICS Code assigned to contract number .

(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://www.acquisition.gov

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

(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)

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. 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.

252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION SUPPORT

(MAY 2016)

(a) Definitions. As used in this clause--

Computer software means computer programs, source code, source code listings, object code listings, design details, algorithms, processes, flow charts, formulae, and related material that would enable the software to be reproduced, recreated, or recompiled. Computer software does not include computer data bases or computer software documentation.

Litigation support means administrative, technical, or professional services provided in support of the Government during or in anticipation of litigation.

Litigation support contractor means a contractor (including its experts, technical consultants, subcontractors, and suppliers) providing litigation support under a contract that contains the clause at 252.204-7014, Limitations on the Use or Disclosure of Information by Litigation Support Contractors.

Sensitive information means controlled unclassified information of a commercial, financial, proprietary, or privileged nature. The term includes technical data and computer software, but does not include information that is lawfully, publicly available without restriction.

Technical data means recorded information, regardless of the form or method of the recording, of a scientific or technical nature (including computer software documentation). The term does not include computer software or data incidental to contract administration, such as financial and/or management information.

(b) Notice of authorized disclosures.