SPE300-20-R0037.pdf

SPE300-20-R-0037 DATA TRACKING SERVICES FOR SUBSISTENCE PRIME VENDOR

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SF1449 - CONTINUATION SHEET

CONTINUATION OF THE BLOCKS ON PAGE 1 (SF 1449)

BLOCK 8 (continued)

OFFER DUE DATE/LOCAL TIME: 06/12/2020, 3:00 P.M. LOCAL PHILADELPHIA

TIME

NOTE: This solicitation and any amendments shall be signed by each Joint Venture/Partner and submitted along with each offer. Only one originally signed copy of this solicitation document is required for submission.

BLOCK 9 (continued):

All offers/modifications/withdrawals must be reference in the “SUBJECT” line of the email with the solicitation number, closing date, and time set for the receipt of offers.

ELECTRONIC SUBMISSION:

All offers are required to be send via electronic mail to the designated and secured e-mail addresses, Kimberly.Barnes@dla.mil and Zoraya.Wilson@dla.mil. Offerors must confirm receipt of submitted offers prior to solicitation closing date.

Solicitation Number: SPE300-20-R-0037 Opening/Closing Date and Time: 05/28/2020 – 06/12/2020 3:00 P.M.

NOTE: ALL TECHNICAL PROPOSALS SHALL NOT EXCEED THE

MAXIMUM LIMIT OF 25 PAGES. ONLY PAGES 1 THROUGH 25 WILL BE

REVIEWED, ANY INFORMATION SUBMITTED IN EXCESS OF 25 PAGES

WILL NOT BE REVIEWED. IN ADDITION, PAGES MUST BE ONE SIDED

WITH 1 INCH MARGINS. FONT MUST BE TIMES NEW ROMAN 12 POINT.

BLOCK 17A (Continued):

Offeror’s assigned Data Universal Numbering System (DUNS) Number ___________________ (If you do not have a DUNS number, contact the individual identified in Block 7a of the SF1449).

Offeror’s assigned Contractor and Government Entity (CAGE) Code:

PRIMARY COMPANY POC/NEGOTIATOR________________________________________

PHONE#:_____________________________________________________________________

E-MAILADDRESS: ____________________________________________________________

FAX NUMBER: ________________________________________________________________

mailto:Kimberly.Barnes@dla.mil mailto:Zoraya.Wilson@dla.mil

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BLOCK 17B (Continued):

AUTHORIZED NEGOTIATORS:

The offeror represents that the following persons are authorized to negotiate on its behalf with the Government in connection with this request for proposal. Please list names, titles, e-mail addresses, and telephone numbers for each authorized negotiator.

BLOCKS 19-24 (CONTINUED):

The Government reserves the right to cancel this solicitation. If this should occur, the Government will not be liable for any proposal preparation cost or any other costs that offerors may have incurred related to this solicitation.

???? DID YOU REMEMBER TO: ????

Number Reminder Check 1 Fill in and sign SF1449 as required?

2 Sign and return any/all amendments?

3 Return one (1) completed copy of the solicitation?

Prepare and return one (1) electronic copy of the Non-Price Proposal (1 electronic copy that contains a locked PDF file, an edible Microsoft Word file, and the reports in an editable Microsoft Excel file). Prepare and return one (1) electronic copy of the Business Proposal (1 electronic copy that contains a locked PDF file and an editable Microsoft Excel file).

Submit the Business Proposal on the formatted spreadsheets in accordance with the instructions in the solicitation (1 electronic copy that

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5 contains a locked PDF file and an editable Microsoft Excel file).

6 Submit your best offer?

7 Check your math for accuracy on your Business Proposal?

8 Identify your authorized negotiators as required? Did you identify which negotiator will serve as the primary point of contact?

CAUTION: The above checklist is for convenience purposes only. This list is not intended to be all- inclusive. Offerors are responsible for carefully reviewing the entire solicitation to ensure proper submission of all required information.

CAUTION - CONTRACTOR CODE OF BUSINESS ETHICS (FEB 2012)

FAR Part 3.1002(a) requires all Government Contractors to conduct themselves with the highest degree of integrity and honesty. Contractors should have a written code of business ethics and conduct within thirty days of award. To promote compliance with such code of business ethics and conduct, Contractors should have an employee business ethics and compliance training program that facilitates timely discovery and disclosure of improper conduct in connection with government contracts and ensures corrective measures are promptly instituted and carried out. A Contractor may be suspended and/or debarred for knowing failure by a principal to timely disclose to the Government, in connection with the award, performance, or closeout of a government contract performed by the Contractor or a subcontract awarded there under, credible evidence of a violation of federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in title 18 of the United States Code or a violation of the False Claims Act (31 U.S.C. 3729-3733).

FAR clause 52.203-13 - CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT; the Contractor shall comply with the terms of the clause and have a written code of business ethics and conduct; exercise due diligence to prevent and detect criminal conduct; promote ethical conduct and a commitment to compliance with the law within their organization; and timely report any violations of federal criminal law involving fraud, conflict of interest, bribery or gratuity violations found in title 18 of the United States Code or any violations of the False Claims Act (31 U.S.C. 3729-3733) When FAR 52.203-13 is included in the contract, Contractors must provide a copy of its written code of business ethics and conduct to the Contracting Officer upon request by the Contracting Officer.

SOLICITATION PROVISIONS

DFARS Subpart 204.73 & PGI 204.73

DFARS SUBPART 204.73—SAFEGUARDING COVERED DEFENSE INFORMATION

AND CYBER INCIDENT REPORTING

(Revised December 28, 2017)

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204.7300 Scope.

(a) This subpart applies to contracts and subcontracts requiring contractors and subcontractors to safeguard covered defense information that resides in or transits through covered contractor information systems by applying specified network security requirements. It also requires reporting of cyber incidents.

(b) This subpart does not abrogate any other requirements regarding contractor physical, personnel, information, technical, or general administrative security operations governing the protection of unclassified information, nor does it affect requirements of the National Industrial Security Program.

204.7301 Definitions.

As used in this subpart—

“Adequate security” means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information.

“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 Government wide 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 http://www.archives.gov/cui/registry/category-list.html

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

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

“Media” means physical devices or writing surfaces including, but 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.

“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-Non Commercial Items, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code.

204.7302 Policy.

(a) Contractors and subcontractors are required to provide adequate security on all covered contractor information systems.

(b) Contractors and subcontractors are required to rapidly report cyber incidents directly to DoD at http://dibnet.dod.mil. Subcontractors provide the incident report number automatically assigned by DoD to the prime contractor. Lower-tier subcontractors likewise report the incident report number automatically assigned by DoD to their higher-tier subcontractor, until the prime contractor is reached.

(1) If a cyber-incident occurs, contractors and subcontractors submit to DoD—

(i) A cyber incident report;

(ii) Malicious software, if detected and isolated; and

(iii) Media (or access to covered contractor information systems and equipment) upon request.

(2) Contracting officers shall refer to PGI 204.7303-4(c) (DFARS/PGI view) for instructions on contractor submissions of media and malicious software.

(c) Information shared by the contractor may include contractor attributional/proprietary information that is not customarily shared outside of the company, and that the unauthorized use or https://www.acq.osd.mil/dpap/dars/dfars/html/current/252227.htm#252.227-7013 http://dibnet.dod.mil/ http://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/PGI204_73.htm#204.7303-4 http://www.acq.osd.mil/dpap/dars/pgi/frameset.htm?dfarsno=204_73&pgino=PGI204_73&pgianchor=204.7303-4&dfarsanchor=204.7303-4

P a g e 7 | 43 disclosure of such information could cause substantial competitive harm to the contractor that reported the information. The Government shall protect against the unauthorized use or release of information that includes contractor attributional/proprietary information.

(d) A cyber incident that is reported by a contractor or subcontractor shall not, by itself, be interpreted as evidence that the contractor or subcontractor has failed to provide adequate security on their covered contractor information systems, or has otherwise failed to meet the requirements of the clause at 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting.

When a cyber-incident is reported, the contracting officer shall consult with the DoD component Chief Information Officer/cyber security office prior to assessing contractor compliance (see PGI 204.7303- 3(a)(3) (DFARS/PGI view)). The contracting officer shall consider such cyber incidents in the context of an overall assessment of a contractor’s compliance with the requirements of the clause at 252.204- 7012.

(e) Support services contractors directly supporting Government activities related to safeguarding covered defense information and cyber incident reporting (e.g., forensic analysis, damage assessment, or other services that require access to data from another contractor) are subject to restrictions on use and disclosure of reported information.

204.7303 Procedures.

Follow the procedures relating to safeguarding covered defense information at PGI 204.7303 (DFARS/PGI view).

204.7304 Solicitation provision and contract clauses.

(a) Use the provision at 252.204-7008, Compliance with Safeguarding Covered Defense Information Controls, in all solicitations, including solicitations using FAR part 12 procedures for the acquisition of commercial items, except for solicitations solely for the acquisition of commercially available off-the-shelf (COTS) items.

(b) Use the clause at 252.204-7009, Limitations on the Use or Disclosure of Third- Party Contractor Reported Cyber Incident Information, in all solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items, for services that include support for the Government’s activities related to safeguarding covered defense information and cyber incident reporting.

(c) Use the clause at 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting, in all solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items, except for solicitations and contracts solely for the acquisition of COTS items.

DFARS PGI 204.73—SAFEGUARDING COVERED DEFENSE INFORMATION AND

CYBER INCIDENT REPORTING

(Revised December 1, 2017) https://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm#252.204-7012 http://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/PGI204_73.htm#204.7303-3 http://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/PGI204_73.htm#204.7303-3 http://www.acq.osd.mil/dpap/dars/pgi/frameset.htm?dfarsno=204_73&pgino=PGI204_73&pgianchor=204.7303-3&dfarsanchor=204.7303-3 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm#252.204-7012 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm#252.204-7012 http://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/PGI204_73.htm#204.7303-3 http://www.acq.osd.mil/dpap/dars/pgi/frameset.htm?dfarsno=204_73&pgino=PGI204_73&pgianchor=204.7303-3&dfarsanchor=204.7303-3 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm#252.204-7008 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm#252.204-7009

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PGI 204.7303 Procedures.

PGI 204.7303-1 General.

(a) The contracting officer will be notified by the requiring activity when a solicitation is expected to result in a contract, task order, or delivery order that will involve—

(1) Covered defense information; or

(2) Operationally critical support.

(b) The contracting officer shall—

(1) Ensure that the requiring activity provides a work statement or specification that includes the identification of covered defense information or operationally critical support consistent with paragraph (a).

(2) Ensure that the solicitation and resultant contract, task order, or delivery order includes the requirement (such as a contract data requirements list), as provided by the requiring activity, for the contractor to apply markings, when appropriate, on covered defense information.

PGI 204.7303-2 Safeguarding controls and requirements.

(a) When an offeror proposes to vary from any of the security requirements specified by National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, "Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations," in accordance with paragraph (c)(2) of the solicitation provision at DFARS 252.204-7008, or in accordance with paragraphs (b)(2)(ii)(B) of DFARS clause 252.204-7012, the contracting officer shall submit the offeror's explanation of the proposed variance to the DoD Chief Information Officer via email at osd.dibcsia@mail.mil for adjudication.

(b) For additional information on safeguarding controls and requirements, see the Frequently Asked Questions document at http://www.acq.osd.mil/dpap/pdi/network_penetration_reporting_and_contracting.html.

PGI 204.7303-3 Cyber incident and compromise reporting.

(a) When a cyber-incident is reported by a contractor, the DoD Cyber Crime Center (DC3) will send an unclassified encrypted email containing the cyber incident report to the contracting officer(s) identified on the Incident Collection Format (ICF). The DC3 may request the contracting officer send a digitally signed e-mail to DC3.

(1) The procuring contracting officer (PCO) shall notify the requiring activities that have contracts identified in the ICF. In cases where an administrative contracting officer (ACO) receives the cyber incident report, in lieu of the PCO, the ACO shall notify the PCO for each affected contract, who will then notify the requiring activity.

(2) In cases of cyber incidents involving multiple contracts, the DoD components will collaboratively designate a single contracting officer to coordinate additional actions required of the contractor, on behalf of the affected DoD components. The requiring activity will notify the contracting officer once a lead is designated.

http://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm#252.204-7008 mailto:osd.dibcsia@mail.mil http://www.acq.osd.mil/dpap/pdi/network_penetration_reporting_and_contracting.html

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(3) If the requiring activity requests an assessment of compliance with the requirements of the clause at DFARS 252.204-7012 related to the cyber incident, the contracting officer shall—

(i) Consult with the DoD component Chief Information Officer (CIO)/cyber security office;

(ii) Request a description of the contractor's implementation of the security requirements in NIST SP 800-171, "Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations" (see http://dx.doi.org/10.6028/NIST.SP.800-171) in order to support evaluation of whether any of the controls were inadequate, or if any of the controls were not implemented at the time of the incident; and

(iii) Provide a copy of the assessment of contractor compliance to the requiring activity, the DoD CIO at osd.dibcsia@mail.mil, and the other contracting officers listed in the cyber incident report.

(b) When requested by the contractor, the contracting officer shall provide the contractor with the “Instructions for Malware Submission” document available at http://www.acq.osd.mil/dpap/pdi/docs/Instructions_for_Malware_Submission.docx. The contracting officer should never receive malicious software directly from the contractor.

(c) If the requiring activity requests access to contractor information or equipment, in accordance with DFARS 252.204-7012(f), the contracting officer shall provide a written request to the contractor.

(d) For additional information on cyber incident reporting, see the Frequently Asked Questions document at http://www.acq.osd.mil/dpap/pdi/network_penetration_reporting_and_contracting.html.

PGI 204.7303-4 DoD damage assessment activities.

(a) Prior to initiating damage assessment activities, the contracting officer shall verify that any contract identified in the cyber incident report includes the clause at DFARS 252.204-7012.

If the contracting officer determines that a contract identified in the report does not contain the clause, the contracting officer shall notify the requiring activity that damage assessment activities, if required, may be determined to constitute a change to the contract.

(b) In cases of cyber incidents involving multiple contracts, a single contracting officer will be designated to coordinate with the contractor regarding media submission (see 204.7303-3(a)(2)).

(c) If the requiring activity requests the contracting officer to obtain media, as defined in DFARS 252.204-7012, from the contractor, the contracting officer shall—

(1) Provide a written request for the media;

(2) Provide the contractor with the “Instructions for Media Submission” document available at http://www.acq.osd.mil/dpap/dars/pgi/docs/Instructions_for_Submitting_Media.docx; and http://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm#252.204-7012 http://dx.doi.org/10.6028/NIST.SP.800-171 mailto:osd.dibcsia@mail.mil http://www.acq.osd.mil/dpap/pdi/docs/Instructions_for_Malware_Submission.docx http://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm#252.204-7012 http://www.acq.osd.mil/dpap/pdi/network_penetration_reporting_and_contracting.html http://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm#252.204-7012 http://www.acq.osd.mil/dpap/dars/dfars/html/current/204_73.htm#204.7303-3 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm#252.204-7012 http://www.acq.osd.mil/dpap/dars/pgi/docs/Instructions_for_Submitting_Media.docx

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(3) Provide a copy of the request to DC3, electronically via email at dcise@dc3.mil, and the requiring activity.

(d) If the contracting officer is notified by the requiring activity that media are not required, the contracting officer shall notify the contractor and simultaneously provide a copy of the notice to DC3 and the requiring activity.

(e) The contracting officer shall document the action taken as required by paragraph (c) or

(d) of this section, in the contract file.

(f) Upon receipt of the contractor media, DC3 will confirm receipt in writing to the contractor and the requesting contracting officer.

(g) Once the requiring activity determines that the damage assessment activities are complete, the requiring activity will provide the contracting officer with a report documenting the actions taken to close out the cyber incident.

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber

Incident Information.

As prescribed in 204.7304(b), use the following clause:

(a) Definitions. As used in this clause—

“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.

“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 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 Government wide 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 mailto:dcise@dc3.mil http://www.acq.osd.mil/dpap/dars/dfars/html/current/204_73.htm#204.7304

P a g e 11 | 43 compromise or an actual or potentially adverse effect on an information system and/or the information residing therein.

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

“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.

“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) Restrictions. The Contractor agrees that the following conditions apply to any information it receives or creates in the performance of this contract that is information obtained from a third-party’s reporting of a cyber-incident pursuant to DFARS clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting (or derived from such information obtained under that clause):

(1) The Contractor shall access and use the information only for the purpose of furnishing advice or technical assistance directly to the Government in support of the Government’s activities related to clause 252.204-7012, and shall not be used for any other purpose.

(2) The Contractor shall protect the information against unauthorized release or disclosure.

(3) The Contractor shall ensure that its employees are subject to use and non-disclosure obligations consistent with this clause prior to the employees being provided access to or use of the information.

(4) The third-party contractor that reported the cyber incident is a third-party beneficiary of the non-disclosure agreement between the Government and Contractor, as required by paragraph (b)(3) of this clause.

(5) A breach of these obligations or restrictions may subject the Contractor to—

(i) Criminal, civil, administrative, and contractual actions in law and equity for penalties, damages, and other appropriate remedies by the United States; and

(ii) Civil actions for damages and other appropriate remedies by the third party that reported the cyber incident, as a third party beneficiary of this clause.

https://www.acq.osd.mil/dpap/dars/dfars/html/current/252227.htm#252.227-7013

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(c) Subcontracts. The Contractor shall include this clause, including this paragraph (c), in subcontracts, or similar contractual instruments, for services that include support for the Government’s activities related to safeguarding covered defense information and cyber incident reporting, including subcontracts for commercial items, without alteration, except to identify the parties.

(End of clause)

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.

As prescribed in 204.7304(c), use the following clause:

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.acq.osd.mil/dpap/dars/dfars/html/current/204_73.htm#204.7304

P a g e 13 | 43 http://www.archives.gov/cui/registry/category-list.html, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Government wide 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.

https://www.acq.osd.mil/dpap/dars/dfars/html/current/252227.htm#252.227-7013

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(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 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252239.htm#252.239-7010 http://dx.doi.org/10.6028/NIST.SP.800-171 mailto:osd.dibcsia@mail.mil

P a g e 15 | 43 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 https://www.fedramp.gov/resources/documents/ https://dibnet.dod.mil/ https://dibnet.dod.mil/ https://public.cyber.mil/eca/

P a g e 16 | 43 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 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm#252.204-7009

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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.

(End of clause)

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STATEMENT OF WORK

I. INTRODUCTION

A. DLA Troop Support intends to enter into a “no-cost contract” with one (1) data tracking company. Said contract will establish the awardee as having rights to receive raw Government sales and market data from DLA Troop Support concerning its Subsistence Prime Vendor (SPV) contracts at no cost to the Government. The awardee will have exclusive rights to generate sales and market data reports that may be sold by the awardee to certain third parties for a fee (the third parties and fee for services provided to those parties will both be identified within the terms of this contract). In exchange, the awardee is obligated to provide DLA Troop Support with unlimited access to any and all sales and market data reports (including, but not limited to, invoice history, trending information, and discount tracking) at no cost. The data tracked and reports provided by the awardee shall range from a high/program summary level (such as CONUS/OCONUS Prime Vendor Program Sales) down to individual sales on a per manufacturer basis.

B. The data in these reports is necessary to track, analyze, and audit the effectiveness of various SPV pricing programs and provides a means for tracking and capturing sales, trends, rebates, and discounts due to the Government. The reports and data provided by the awardee will help to quantify DLA Troop Support Subsistence’s buying power for increased leverage with partnered manufacturers. SPVs who hold contracts with DLA Troop Support and manufacturers will partner with one Information Technology (IT) firm that is awarded this no cost contract. The awardee will provide access to a secure website that will enable DLA Troop Support, the SPVs, and the manufacturers (who have an account with the awardee) to access their specific data. The manufacturers and SPVs will ultimately and solely be responsible for paying for this service. Each partner – DLA Troop Support, Prime Vendors, manufacturers, and the awardee – will benefit from this contract by having access to each entity’s respective specific information, including but not limited to, sales, allowances, usage, market share, etc. in a secure web based format.

C. The Government will utilize Lowest Price Technically Acceptable procedures as the means of selecting the awardee. Proposals will be evaluated based on technical factors, past performance, and price, as discussed later in this solicitation.

D. The contract resulting from this this solicitation shall be for a term of 60 months, with two (2) separate pricing tiers. The first tier shall be for a 36-month period (inclusive of up to a 60-day implementation period) and the second and final tier shall be for an additional 24-month performance period following the first tier.

II. BACKGROUND

A. DLA TROOP SUPPORT PRIME VENDOR PROGRAM

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Prime Vendor is a concept of support whereby a single, commercial, full-line food distributor serves as the major provider of product to various customers within a geographical region or zone. The SPV supplies and warehouses, under contractual agreement, commercial and non-commercial subsistence items. An SPV catalog is established for each contract/area and represents the basis for ordering products. DLA Troop Support customers have access to the vendor’s catalog that has been established for their respective regions. Each catalog may contain as many as 2,000 line items.

The SPV Program supports military and federal customers worldwide with an annual sales volume of approximately $1.55 Billion spread among approximately fifty-five (55) contracts. There is a crossover of many of the line items among the contracts. The Subsistence Total Ordering & Receiving Electronic System (STORES) is the current means of communication among the vendors’ systems, DLA Troop Support and its payment office (DFAS Columbus).

B. NAPA PROGRAM

The National Allowance Pricing Agreement (NAPA) Program was launched to augment the CONUS Prime Vendor program and offer military-specific discounts to our customers. Manufacturers normally offer rebates to end customers through a Prime Vendor. These rebates are based on a national purchasing volume. DLA Troop Support established the NAPA program to capture these substantial savings for its military customers.

The NAPA Agreement is the mechanism that allows DLA Troop Support to partner with manufacturers. The NAPA Agreement allows manufacturers to receive specific brand name Government stock numbers unique to their individual items. DLA Troop Support customers can request specific brand names when they place orders utilizing the government issued numbers. The agreement does not bind either party to order or deliver products. It includes the items that the manufacturers offer to DLA Troop Support customers at discounted prices. An agreement is valid indefinitely unless either party decides to cancel it. There is a thirty (30) day notification requirement for cancellations.

NAPA Program manufacturers pass discounts on to DLA Troop Support Prime Vendor contractors via off-invoice pricing, or "bill-back". The Prime Vendor deducts allowance savings off of the manufacturer's invoice or list price and recoups its money from the manufacturer at the end of the month (or whatever other terms the Prime Vendor establishes with the manufacturers). The discount is passed on to DLA Troop Support customers by discounting the customers catalog price by the NAPA dollar amount. The discounted price is the price that will be submitted via an 832 catalog transaction each week. The following equation illustrates the "bill-back" process:

Manufacturer Product Price - NAPA allowance + Fixed Product Category Distribution

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Fee + DLA Troop Support cost recovery rate (CRR) = Unit Price to end user

CONUS Prime Vendor catalog prices can change on a weekly basis based on last receipted inventory of a manufacturer's product. NAPA allowances may change monthly and both the distribution fee as well as DLA Troop Support's cost recovery rate may change annually. The distribution fees are dependent upon the terms of each individual Prime Vendor contract.

Currently, there are approximately…