W81XWH-18-Q-0015_FBO.pdf

W81XWH-18-Q-0015

This is a combined synopsis/solicitation for commercial items prepared in accordance with FAR 12.6, Streamlined Procedures for Commercial Items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; Quotes are being requested and a written solicitation will not be issued. The solicitation number is W81XWH-18-Q-0015. The solicitation is issued as a request for quotation (RFQ).

Provisions and clauses in effect through Federal Acquisition Circular 2005-78 are incorporated. It is the contractor’s responsibility to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses https://acquisition.gov/far/index.html and http://www.acq.osd.mil/dpap/sitemap.html . The NAICS code is 517312, with a small business size of 1500 employees. This is a Full and Open Competition requirement; all qualified vendors are encouraged to submit a quote.

USAMRAA on behalf of the Walter Reed Army Institute of Research (WRAIR) requests responses from qualified sources capable of providing equipment and services that are brand name or equal requirement in accordance with FAR 52.211-6 to MyISP 30Mbps (up to 100Mbps) dedicated point to point secured connection data circuits and internet service with the following:

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Internet 30 mbps USAMRD-K

FFP

Internet 30 mbps (12 months), including:

- uplink and downlink, internet connection at NAIROBI. 16 public IP addresses

- uplink and downlink, internet connection at KERICHO. 16 public IP addresses

- uplink and downlink, internet connection at KISUMU. 16 public IP addresses

- uplink and downlink, internet connection at KOMBEWA. 16 public IP addresses FOB: Destination

NET AMT

https://acquisition.gov/far/index.html http://www.acq.osd.mil/dpap/sitemap.html

0002 1 Each

CMR

FFP

Contractor Manpower Reporting

1001 1 Job OPTION Internet 30 mbps USAMRD-K

FFP

Internet 30 mbps (12 months), including:

- uplink and downlink, internet connection at NAIROBI. 16 public IP addresses

- uplink and downlink, internet connection at KERICHO. 16 public IP addresses

- uplink and downlink, internet connection at KISUMU. 16 public IP addresses

- uplink and downlink, internet connection at KOMBEWA. 16 public IP addresses

(OVER 30 MPBS AND UP TO 100 MPBS IF REQUIRED AT TIME OF

OPTION EXERCISE: PLEASE PROVIDE PRICING STRUCTURE)

2001 1 Job OPTION Internet 30 mbps USAMRD-K

FFP

Internet 30 mbps (12 months), including:

- uplink and downlink, internet connection at NAIROBI. 16 public IP addresses

- uplink and downlink, internet connection at KERICHO. 16 public IP addresses

- uplink and downlink, internet connection at KISUMU. 16 public IP addresses

- uplink and downlink, internet connection at KOMBEWA. 16 public IP addresses

(OVER 30 MPBS AND UP TO 100 MPBS IF REQUIRED AT TIME OF

OPTION EXERCISE: PLEASE PROVIDE PRICING STRUCTURE)

3001 1 Job OPTION Internet 30 mbps USAMRD-K

FFP

Internet 30 mbps (12 months), including:

- uplink and downlink, internet connection at NAIROBI. 16 public IP addresses

- uplink and downlink, internet connection at KERICHO. 16 public IP addresses

(OVER 30 MPBS AND UP TO 100 MPBS IF REQUIRED AT TIME OF

OPTION EXERCISE: PLEASE PROVIDE PRICING STRUCTURE)

- uplink and downlink, internet connection at KISUMU. 16 public IP addresses

4001 1 Job OPTION Internet 30 mbps USAMRD-K

FFP

Internet 30 mbps (12 months), including:

- uplink and downlink, internet connection at NAIROBI. 16 public IP addresses

- uplink and downlink, internet connection at KERICHO. 16 public IP addresses

(OVER 30 MPBS AND UP TO 100 MPBS IF REQUIRED AT TIME OF

OPTION EXERCISE: PLEASE PROVIDE PRICING STRUCTURE)

- uplink and downlink, internet connection at KISUMU. 16 public IP addresses

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

Title: MyISP Internet Service Provider

Requiring Activity Name: Walter Reed Army Institute of Research (WRAIR)

1. BACKGROUND

MRD-K has currently been procuring internet through the embassy on continual 90 day bases due to the low threshold that DoD is allowed to procure through the embassy. The repetitive 90 day contracts are taxing on the embassy procurement system and are routinely delayed causing MRD-K to work on word of mouth agreement with the ISP provider. MRD-K is attempting to lock into a 12-month contract with a local ISP to gain stability, drive down prices and allow for more open and full competition between the ISP services.

2. SCOPE

The contractor will procure, install, test and configure 30Mbps point to point MPLS and internet ISP circuit. Provide the necessary knowledge transfer and training to IMD designated staff. The contractor shall support the circuit after installation, provide 24/7 phone support, provide onsite support if needed. Contractor shall provide documentation on: what is their maximum downtime measured in minute based on their experiences, what is their best effort annual downtime percentage, how clean would the line be, documentation and diagram of the topology of the circuit. In addition, contractor shall provide documentations that clearly express areas of responsibilities.

3. OBJECTIVES

The contractor will procure, install, and deliver 30Mbps dedicated data circuits for the United States Army Research Directorate-Kenya (USAMRD-K or MRD-K) located at the Kenya Medical Research Institute (KEMRI) campus at PO Box 54840 00200 off Mbagathi Road, Nairobi, Kenya, MRD-K; Kondele Campus off Jomo Kenyatta Highway in Kisumu, Kenya; Kombewa Campus off Maseno-Kombewa Rd in Kombewa, Kenya; and Kericho Campus off Hospital Rd in Kericho, Kenya for the internet. These circuits will be point to point secured connection.

The contractor will procure, install, and deliver 30Mbps dedicated data circuits for the United States Army Research Directorate-Kenya Warehouse located at the Emirates Business Park off Easter Bypass Slip Road for the internet.

These circuits will be point to point secured connection.

4. PERIOD OF PERFORMANCE

This will be a five (5) year contract. Consisting of one (1) 12-month base period, and four (4) 12-month option periods.

• Base Period: 01 Jan 2018 – 31 Dec 2018

• Option Period 1: 01 Jan 2019 – 31 Dec 2019

• Option Period 2: 01 Jan 2020 – 31 Dec 2020

• Option Period 3: 01 Jan 2021 – 31 Dec 2021

• Option Period 4: 01 Jan 2022 – 31 Dec 2022

5. TASKS

5.1. REQUIRED TASK 1 – Hardware. The successful vendor shall provide the following hardware in addition to the 30Mbps circuits:

5.1.1. Contractor shall provide patch panel

5.1.2. Contractor shall provide fiber hand off at each location with Multimode Fiber (MMF) Connector

5.1.3. Contractor shall provide current configuration of hardware

5.1.4. Contractor shall meet the following features: (Deliverable 2)

Description Contention Rate 1:1 Connection Type Point to Point MPLS and Internet Symmetric Channel Download ≥ Upload Available Connections 30 Mbps and above Ping (latency test) <150ms Reliability 100% Availability 99.9% Support 24 hours 7 days a week Prioritization First

5.2. REQUIRED TASK 2 – Software. The successful vendor shall provide the following software application/program in order to complete the installation of the circuit.

5.2.1. Latency testing application

5.2.2. Availability management software

5.2.3. Speed testing application

5.2.4. Knowledge transfer to IMD designated staff (Soft copy)

5.2.5. Contractor shall provide current configuration of software

5.3. REQUIRED TASK 3

5.3.1. Provide a commissioned monthly report for proof of bandwidth, latency times, and downtime.

(Deliverable 1)

5.4. REQUIRED TASK 4

5.4.1. Provide documentation (written report) on what the contractor’s maximum downtime measured in minute based on their experiences, what the contractor’s best effort annual downtime percentage, how clean would the line be, documentation and diagram of the topology of the circuit. Also, in addition, the contractor shall provide document in the written report what area of responsibilities were met and/or not met. (Deliverable 3)

5.5. OPTIONAL TASK 1

5.5.1. The contractor shall provide up to, but not exceeding 100 Mbps for all four locations.

6. DELIVERABLES

The contractor shall complete and submit deliverables in accordance with the “Deliverables Table”.

DELIVERABLES TABLE

PWS

Ref. Number Description Due

Required Tasks

5.3.1 Deliverable 1 Provide a commissioned monthly report for proof of bandwidth, latency times, and downtime.

By the 15th of every month.

5.1.4 Deliverable 2 Provide support for the ISP Server 24 hours a day 7 days per week As needed

5.4.1 Deliverable 3

Provide a written report documenting the contractor’s maximum downtime measured in minute based on their experiences, what the contractor’s best effort annual downtime percentage, how clean would the line be, 30 days before the end base period and each option period documentation and diagram of the topology of the circuit. Also, in addition, the contractor shall provide document in the written report what area of responsibilities were met and/or not met

10.0 Deliverable 3

Any contractor employee who will be working on a government-owned site must sign a non-disclosure agreement

By start of start of contract

10.0 Deliverable 4

Any contract employee working on a Government facility must be compliant with the facility’s security and training protocols.

By start of contract

6.1. Inspection and Acceptance

The COR delegated oversight of specific technical, functional and oversight responsiblities is responsible for inspection and acceptance of all services, incoming shipments, documents, and services.

6.2. Acceptance Criteria

Certification by the Government of satisfactory services provided is contingent upon the Contractor performing in accordance with the performance standards contained in the Performance Work Statement and all terms and conditions of this order, including all modifications.

7. PERFORMANCE REQUIREMENTS SUMMARY MATRIX

The Government intends to utilize a Quality Assurance Surveillance Plan (QASP) to monitor the quality of the Contractor’s performance in relation to performance objectives. The Government will finalize the QASP immediately following award, and the COR will provide a copy of the final QASP to the contractor. The QASP is a living document and may be updated by the Government as necessary.

The Government will use the following performance requirements to measure the performance of the contractor.

The contractor shall meet the Performance Objective(s) and Acceptable Quality Level(s) within the “Performance Requirements Summary Matrix” (PRS Matrix).

PERFORMANCE REQUIREMENTS SUMMARY MATRIX

# PWS

Ref. Performance Objective Acceptable Quality

Level Performance Measurement Incentive

1 5.1 Provide reliability for the ISP Server

100% MPR, monthly report

Positive

CPARS

review, renewal of option period(s)

2 5.1 Provide availability for the ISP server

99.9% MPR, monthly report

Positive

CPARS

review, renewal of option period(s) 3 5.1 Provide support for the

ISP server 24 hours a day, 7 days a week

100% MPR, monthly report

Positive

CPARS

review, renewal of option period(s)

4 5.1 Provide an available connection of 30 Mbps and above

100% MPR, monthly report

Positive

CPARS

review, renewal of option period(s)

5 5.1 Ensure that the Ping (latency test) is <150ms

100% MPR, monthly report

Positive

CPARS

review, renewal of option period(s)

6 6.0 Provide accurate deliverables, on-time

95% of deliverables will be delivered accurately and on-time

Date deliverable are provided

Positive

CPARS

review, renewal of option period(s)

7 13.13.14 Contractor shall meet SHARP Contract Requirements and Deliverables

Contractor shall meet

SHARP

Contract Requirements and Deliverables 100% of the time

MPR, monthly report

Positive

CPARS

review, renewal of option period(s)

8. TRAVEL

Travel will not be associated with this requirement.

9. GOVERNMENT FURNISHED ITEMS

Not applicable for this requirement.

10. WORK SCHEDULE AND LOCATION

When necessary the Government will provide access to Government controlled facilities, equipment, and materials for installation, testing and configuration of the ISP Server. Any contractor employee who will be working on a government-owned site must sign a non-disclosure agreement. (Deliverable 4)

Any contract employee working on a Government facility must be compliant with the facility’s security and training protocols. (Deliverable 5)

10.1. Federal Holidays

The following are US Federal Holidays:

New Year’s Day Birthday of Martin Luther King, Jr.

Washington’s Birthday Memorial Day Independence Day

Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day

The following are Kenyan Federal Holidays:

New Year’s Holiday Easter Monday Madaraka Day Idd-Ul-Adha Jamhuri Day Boxing Day

Good Friday Labour Day Eid Al Fitr Mashajaa Day Christmas Day

10.2 Work Schedule

Monday-Friday: 0800-1700 Saturday & Sunday: Emergency Only

10.3 Work Locations

• Medical Research Institute (KEMRI) campus at PO Box 54840 00200 off Mbagathi Road, Nairobi, Kenya, MRD-K

• Kondele Campus off Jomo Kenyatta Highway in Kisumu, Kenya

• Kombewa Campus off Maseno-Kombewa Rd in Kombewa, Kenya

• Kericho Campus off Hospital Rd in Kericho, Kenya for the internet. These circuits will be point to point secured connection.

• United States Army Research Directorate-Kenya Warehouse located at the Emirates Business Park off

Easter Bypass Slip Road

11. COMPLIANCE DOCUMENTS

11.1 General Compliance

11.1.1. DoD Compliance Documents

A complete list of Department of Defense compliance documents providing specifications, standards, or guidelines can be found at http://www.dtic.mil/whs/directives/corres/dir.html

A complete list of Department of Defense compliance documents providing specifications, standards, or guidelines can be found at http://www.dtic.mil/whs/directives/corres/dir.html

a) Army Regulation 340-21, Army Privacy Program.

http://www.army.mil/usapa/epubs/340_Series_Collection_1.html

b) Army Regulation 25-1, Information Technology.

http://armyhpubs.army.mil/epubs/25_Series_Collection_1.html

c) Army Regulation 25-2, Information Assurance.

d) Department of Defense (DOD) 6025.18 Regulation, DOD Health Information Privacy Regulation, 24 January 2003.

e) DOD Instruction 3210.7, Research Integrity and Misconduct, 14 May 2004.

f) Department of Defense (DOD) Instruction 8500.01 Cybersecurity

g) Department of Defense (DOD) Instruction 8510.01 Risk Management Framework (RMF) For

DOD Information Technology (IT Department of Defense (DoD) Instructions 5400.11-R, Privacy Program http://www.dtic.mil/whs/directives/corres/pdf/540011p.pdf

h) Title 21, CFR Part 11 Electronic Records: Electronic Signature.

https://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfcfr/CFRSearch.cfm?CFRPart=11

11.2. Information Technology Compliance

11.2.1. Army Regulation 25-1, Information Technology

Compliance information regarding Army Information Technology may be found at:

http://armyhpubs.army.mil/epubs/25_Series_Collection_1.html

11.2.2. Army Regulation 25-2, Information Assurance

Compliance information regarding Army Information Assurance may be found at:

https://ia.signal.army.mil/docs/AR25-2.pdf

11.2.3. Cyber-security

Department of Defense (DOD) Instruction 8500.01 Cybersecurity

11.2.4. Risk Management Framework

Department of Defense (DOD) Instruction 8510.01 Risk Management Framework (RMF) For DOD Information Technology (IT Department of Defense (DoD) Instructions 5400.11-R, Privacy Program http://www.dtic.mil/whs/directives/corres/pdf/540011p.pdf

12. REFERENCE DOCUMENTS

a) Army Regulation 40-501, Standards of Medical Fitness

b) US Medical Entrance Processing Command Regulation 40-1, Medical Processing and Examinations http://www.mepcom.army.mil/ASP/pubnform.asp?topic=Regulations&sort=pubNo

13. OTHER TERMS, CONDITIONS, AND PROVISIONS

13.1. Non-Personal Services

This award identifies services that are strictly non-personal in nature.

13.2. Severable / Non-Severable Services

This award identifies services that are severable in nature.

13.3. Inherently Governmental Functions

This requirement has been reviewed and contains no services that are inherently governmental functions.

13.4. Organizational Conflict of Interest

Walter Reed Army Institute of Research (WRAIR) has categorized its requirements into two broad categories, as defined below, for purposes of identifying, avoiding or mitigating against OCIs in accordance with FAR Subpart 9.5. These categories apply to all enterprise laboratories (Armed Forces Research Institute of Medical Sciences (AFRIMS), United States Medical Research Directorate – Kenya (USAMRD-K), and United States Medical Research Directorate – Georgia (USAMRD-G). These categories are defined as follows:

Global Support: Where services which, by their very nature, give the Contractor access to non-public procurement sensitive data about the contract requirements, other contractors’ proprietary information, or put the contractor in a position to influence the award decision on a contract in which they are participating.

These services are identified as those having a direct impact to the operations of the greater WRAIR enterprise.

Services would be characterized as having access to Command Wide procurement sensitive information, or work that could likely have an influence over follow-on awards or contracts within subordinate directorates/Commands.

Mitigation strategies may include: avoidance (non-participation), firewalls between existing personnel and new requirement.

Isolated Support: Services which have focused impact on a specific Branch/ Department/ Program of WRAIR rather than the WRAIR enterprise.

Services can be characterized as having little or no access to procurement sensitive information other than the immediate requirement and little chances of follow-on work that can be influenced by the immediate requirement.

Mitigation Strategies: Contractor can provide a mitigation plan or acceptable self-certification that no OCI exists.

Contractor participation in more than one of these areas may give rise to an unfair competitive advantage resulting from access to advance acquisition planning, source selection sensitive or proprietary information.

Furthermore, Contractor participation in more than one area may give rise to a real or apparent loss of Contractor impartiality and objectivity where its advisory or planning assistance in one area potentially affects its present or future participation in another area.

The purpose of this categorization is to accomplish the following three objectives: (1) to inform prospective Offerors that WRAIR presumes that award of a contract or order in the subject category will give rise to real or apparent OCI’s with respect to requirements in the other category and or may give rise to an CCI in the same category; (2) to assist current Contractors and prospective Offerors in developing their own business strategies regarding participation in WRAIR requirements and in identifying and, where possible, avoiding or mitigating against OCIs; and (3) to ensure that all current Contractors and prospective Offerors are afforded the maximum practicable opportunity to compete for all WRAIR requirements consistent with the restrictions required under FAR Subpart 9.5 and sound business practices.

For purposes of identifying and/or mitigating against OCIs, WRAIR will examine all its services requirements and acquisitions regardless of the cognizant contracting activity (e.g., USAMRAA, GSA, other agency Multiple Award Schedules, etc.) or the type of contract vehicle used (e.g., FSS order, Fair Opportunity competitive order under Multiple Award ID/IQ Contracts, competitively negotiated awards under FAR Part 15, etc.).

Each WRAIR services solicitation will therefore be designated as falling within one of the above defined categories. The applicable OCI category will be set forth in each award.

This requirement is categorized as GLOBAL SUPPORT.

Organizational and consulting conflicts of interest may arise by performing advisory or consulting support services. Organizational conflicts of interest include providing services or performing advisory or consulting work for private companies that participate or will participate in future services or contract activities (solicitations and award). See FAR subpart 9.5.

13.5. Invoices

The contractor shall submit invoices monthly to Wide Area Work Flow (WAWF) with sufficient documentation to provide certification of invoice.

The contractor is responsible for properly preparing and forwarding to the appropriate Government official, the invoice and receiving report for payment. The contractor shall attach back up information to receiving reports for direct labor and Other Direct Costs (ODCs). Direct labor backup information shall reflect the person’s name, job title and quantity of hours worked for each pay period at a minimum. Backup information for ODCs shall list all elements of costs, such as travel breakout backup, including itinerary, dates of travel, name of employees traveling plus per diem costs shall accompany the receiving report. All ODCs exceeding $3,000 requires that the contractor conduct appropriate competition and obtain approval from the COR prior to purchase. Equipment purchases are not authorized under this contract. The Wide Area Workflow – Receipt and Acceptance application is the required method of submission.

13.6. Dissemination of Information/Publishing

There shall be no dissemination or publication, except within and between the Contractor and any Sub Contractors or specified Integrated Product/Process Team (IPT) members who have a need to know, of information developed under this order or contained in the reports to be furnished pursuant to this order without prior written approval of the COR or the Contracting Officer. Business Program Management Office (PMO) approval for publication will require provisions that protect the intellectual property and patent rights of both Business PMO and the Contractor.

13.7. Contractor Identification

The Contractor shall ensure that Contractor personnel identify themselves as Contractors when attending meetings, answering Government telephones, providing any type of written correspondence, or working in situations where their actions could be construed as official Government acts.

13.8. Attendance at Meetings

Contractor personnel may be required to attend meetings or otherwise communicate with Government and/or other contract or assistance agreement representatives to meet the requirements of this order. Contractor personnel shall make their contractor status known during introductions.

13.9. Use of Military Rank by Contractor Personnel

Contractors may not use or allude to former or current military rank during the performance of this work.

13.10. Data Rights

The Government will retain rights to all data produced in the course of developing, deploying, training, using and supporting WRAIR or other federal agencies that utilize this order.

13.11. Section 508 Requirement

The Contractor shall comply with Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d). Specifically, the procurement, development, maintenance, or integration of electronic and information technology (EIT) under this contract must comply with the applicable accessibility standards issued by the Architectural and Transportation Barriers Compliance Board at CFR part 1194.

13.12. Contractor Manpower Reporting

The contractor shall report ALL contractor labor hours (including subcontractor labor Hours) required for performance of services provided under this contract for WRAIR support via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY); this runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2016. Contractors may direct questions to the help desk at help desk at: http://www.ecmra.mill.

Register under the "All Other Defense Components" module. The Walter Reed Institute of Research (WRAIR) Unit Identification Code (UIC) is W03KAA. The Federal Supply Code (FSC) is R499.

13.13. National Agency Check with Inquiries (NAC I) Background Checks.

Contractor performing on this contract will not have access to classified information. The Contractor must employ United States citizens or foreign nationals with permanent residency status in the United States for a minimum of 3 of the last 5 years. This requirement is due to the security requirements for work in and access to DoD laboratories, facilities, and equipment.

Personnel having access to unclassified Defense information and accessing Government computer systems under this award may be subjected to, as a minimum, a NAC background checks. The appropriate security investigation for this access shall be conducted by the Government at time of award and/or upon notification by the Contractor of personnel changes.

Personnel requiring access to the installation are required to provide information such as Date of Birth, Social Security Number, Driver's license number to be entered into the National Crime Information Center (NCIC) Interstate ID Index (III) which is the Army minimum baseline background check for entrance onto Army installations for non-Common Access Card (CAC) holders.

13.14. Public Key Infrastructure Authentication and Encryption

Contractors shall follow the DoD standards, policies, and procedures related to the use of Public Key Infrastructure (PKI) certificates and biometrics for positive authentication including authentication to DoD private web servers or applications. Where interoperable PKI is required for the exchange of unclassified information, including the encryption of e-mail containing sensitive information, between DoD and its Contractors, industry partners shall obtain all necessary certificates if they are not eligible for a DoD Common Access Card. (refer to: http://iase.disa.mil/pki/eca/ and http://www.cac.mil/)

13.15. Access Requirements

Contractor access to DOD Network/DoD Systems: The Contractor will require access to the DOD Network/DoD Systems to perform work under this contract. The COR will support processing of SHA network application requests upon validation of the appropriate and successful contractor security investigation.

Contractor access to classified information: The Contractor will not require access to classified data to perform duties.

http://www.access-board.gov/sec508/508standards.htm http://www.ecmra.mil/ http://www.ecmra.mill/

Contractor Identification: The Contractor shall ensure that Contractor personnel identify themselves as Contractors when attending meetings, answering Government telephones, providing any type of written correspondence, or working in situations where their actions could be construed as official Government acts.

Attendance at Meetings: Contractor personnel may be required to attend meetings or otherwise communicate with Government and/or other contract or assistance agreement representatives to meet the requirements of this order. Contractor personnel shall make their contractor status known during introductions.

Use of Military Rank by Contractor Personnel: Contractors may not use or allude to former or current military rank during the performance of this work.

• Federal Acquisition Regulation (FAR)

• Defense Federal Acquisition Regulation Supplement (DFARS)

• Army Federal Acquisition Regulation Supplement (AFARS)

• DOD Directive 5000.01,

• DOD Instructions 5000.02,

• DoD 7000.14-R DOD Financial Management Regulation

• Army Regulation 40-60 Army Medical Materiel Acquisition Policy

14. ATTACHMENTS

Attachment 1 – Acronyms List Attachment 2 – Organizational Conflict of Interest Attachment 3 – Nondisclosure Agreement

ATTACHMENT 1 – ACRONYMS LIST

<Add Acronyms as Necessary>

Acronym Definition

AFARS Army Federal Acquisition Regulation Supplement AFRIMS Armed Forces Research Institute of Medical Sciences

AKO Army Knowledge Online AOR Area Of Responsibility

AT OPSEC Antiterrorism and Operational Security ATCTS Army Training Certification Tracking System

CAC Common Access Card CFR Code of Federal Regulations

CONUS Continental United States COR Contracting Officer Representative

DFARS Defense Federal Acquisition Regulation Supplement DoD Department of Defense EIT Electronic and Information Technology FAR Federal Acquisition Regulation FBI Federal Bureau of Information

FPCON Force Protection Condition FSC Federal Supply Code FSS Federal Supply Schedule GFE Government Furnished Equipment GFI Government Furnished Information GSA General Services Administration IA Information Assurance ID Identification

ID/IQ Indefinite Delivery / Indefinite Quantity IPT Integrated Product/Process Team IT Information Technology

NCIC-III National Crime Information Center Interstate Identification Index NLT No Later Thank OCI Organizational Conflict of Interest

OCONUS Outside Continental United States OPSEC Operational Security PMO Project Management Office PRS Performance Requirements Summary PWS Performance Work Statement

QASP Quality Assurance and Surveillance Plan

QCP Quality Control Plan SHARP Sexual Assault Prevention and Response Program

SOP Standing Operating Procedure TARP Threat Awareness and Reporting Program U.S.C. United States Code UIC Unit Identification Code US United States

USAMRAA United States Army Medical Research Acquisitions Activity USAMRD-G United States Medical Research Directorate – Georgia USAMRD-K United States Medical Research Directorate – Kenya

WAWF Wide Area Work Flow WRAIR Walter Reed Army Institute of Research

ATTACHMENT 2: ORGANIZATIONAL CONFLICT OF INTEREST

Walter Reed Army Institute of Research (WRAIR) Acquisition Operational Support

Walter Reed Army Institute of Research (WRAIR) has categorized its requirements into two broad categories, as defined below, for purposes of identifying, avoiding or mitigating against OCIs in accordance with FAR Subpart

9.5. These categories apply to all enterprise laboratories (Armed Forces Research Institute of Medical Sciences (AFRIMS), United States Medical Research Directorate – Kenya (USAMRD-K), and United States Medical Research Directorate – Georgia (USAMRD-G). These categories are defined as follows:

Global Support: Where services which, by their very nature, give the Contractor access to non-public procurement sensitive data about the contract requirements, other contractors’ proprietary information, or put the contractor in a position to influence the award decision on a contract in which they are participating.

This services are identified as those having a direct impact to the operations of the greater WRAIR enterprise.

Services would be characterized as having access to Command Wide procurement sensitive information, or work that could likely have an influence over follow-on awards or contracts within subordinate directorates/Commands.

Mitigation strategies may include: avoidance (non-participation), firewalls between existing personnel and new requirement.

Isolated Support: Services which have focused impact on a specific Branch/ Department/ Program of WRAIR rather than the WRAIR enterprise.

Services can be characterized as having little or no access to procurement sensitive information other than the immediate requirement and little chances of follow-on work that can be influenced by the immediate requirement.

Mitigation Strategies: Contractor can provide a mitigation plan or acceptable self-certification that no OCI

Contractor participation in more than one of these areas may give rise to an unfair competitive advantage resulting from access to advance acquisition planning, source selection sensitive or proprietary information. Furthermore, Contractor participation in more than one area may give rise to a real or apparent loss of Contractor impartiality and objectivity where its advisory or planning assistance in one area potentially affects its present or future participation in another area.

The purpose of this categorization is to accomplish the following three objectives: (1) to inform prospective Offerors that WRAIR presumes that award of a contract or order in the subject category will give rise to real or apparent OCI’s with respect to requirements in the other category and or may give rise to an CCI in the same category; (2) to assist current Contractors and prospective Offerors in developing their own business strategies regarding participation in WRAIR requirements and in identifying and, where possible, avoiding or mitigating against OCIs;

and (3) to ensure that all current Contractors and prospective Offerors are afforded the maximum practicable opportunity to compete for all WRAIR requirements consistent with the restrictions required under FAR Subpart 9.5 and sound business practices.

For purposes of identifying and/or mitigating against OCIs, WRAIR will examine all its services requirements and acquisitions regardless of the cognizant contracting activity (e.g., USAMRAA, GSA, other agency Multiple Award

Schedules, etc.) or the type of contract vehicle used (e.g., FSS order, Fair Opportunity competitive order under Multiple Award ID/IQ Contracts, competitively negotiated awards under FAR Part 15, etc.).

Each WRAIR services solicitation will therefore be designated as falling within one of the above defined categories.

The applicable OCI category will be set forth in each task order. Contractors may submit a proposal for task orders in either of the OCI categories.

WRAIR will administer this clause for purposes of award eligibility for each solicitation as follows:

The offeror shall provide a listing of all contracts performed for the WRAIR and any enterprise laboratories (USAMRU-G, USAMRU-K, and AFRIMS) as well as with other MRMC laboratories (i.e. U.S. Army Medical Research Institute of Infectious Diseases (USAMRIID), U.S. Army Medical Materiel Development Activity (USAMMDA), the Telemedicine and Advanced Technology Research Center (TATRC) or MRMC) in the last three

(3) years. A single-category Offeror/Contractor wishing to submit an offer in the other category, or any Offeror/Contractor which now provides or previously has provided support in both categories, must include the following as part of its offer:

• Perform a comparative analysis of the potential new work against all current and previous work performed in support of WRAIR in any category. The comparative analysis must be included in the proposal for the new work, and must include a statement certifying whether the Contractor believes that its performance of the proposed new work would create a real or apparent OCI. If the Contractor believes that no real or perceived OCI will result from an award of the proposed work, no additional action by the Contractor is required, unless the Contracting Officer specifically requests an OCI mitigation Plan.

• If the Offeror/Contractor believes that a real or apparent OCI may exist as a result of an award, the

Contractor shall also submit an OCI Mitigation Plan with its proposal.

Inclusion of the comparative analysis and OCI Mitigation Plan will not be counted against any offer page limitations otherwise stated in the solicitation.

The Contracting Officer (and when applicable the appropriate program office, acquisition manager, and legal counsel) will review the comparative analysis and, if provided, the Mitigation Plan, in accordance with the requirements of FAR Subpart 9.5 (Organizational Conflict of Interest) to determine whether award to that Offeror would be consistent with those requirements. If it is unilaterally determined by the Contracting Officer that no OCI would arise or that the OCI Mitigation Plan adequately protects the interests of the government in the event of award to that Offeror, the Offeror will be determined, for purposes of this clause, to be eligible for award. If the Contracting Officer reasonably determines that a Contractor has not provided either a comparative analysis or Mitigation Plan, or both, or that the analyses or plan provided is inadequate, sanctions including elimination from the award process, or termination of the related contract effort already awarded, as well as other appropriate sanctions will be considered.

If the Offeror/Contractor knows of no OCI in accepting work under this contract, it shall certify its OCI status and submit the certification at the end of this clause with its proposal and any later award, if awarded the contract. The Contractor shall also obtain a similar certification of OCI status from all subcontractors, teaming partners or consultants prior to tasking any such party under this contract. The Contractor shall appropriately modify and include this clause, including this paragraph, in all consulting agreements and subcontracts of any tier to preserve the rights of the Government.

For breach of any of the above restrictions or for nondisclosure or misrepresentation of any relevant facts required to be disclosed concerning this contract, the Government may terminate this contract, disqualify the Contractor from subsequent related contractual efforts, and pursue any remedies as may be permitted by law or this contract.

Prior to a contract modification involving a change to the Statement of Work, or an increase in the level of effort or extension of the term of the contract, the Contractor shall submit any applicable organizational conflict of interest disclosure or an update of the previously submitted disclosure or representation.

The Offeror/Contractor should review the considerations below in determining whether or not a conflict of interest

• Does the Offeror or any intended subcontractors, teaming partners, proposed employees, or affiliates have Unequal Access to Information? Would award to the Offeror result in the Offeror having the opportunity to access nonpublic information that may give the Offeror a competitive advantage in a later competition for a government contract? Specifically, will the Offeror/Contractor have access to any of the following information:

o Budget(s), or Budget Information?

o Acquisition Sensitive Information related to the procurement process to include, but not limited to

Acquisition Plans, Requirements, Statements of Work, or Evaluation Criteria?

• Does the Offeror or any intended subcontractors, teaming partners, proposed employees, or affiliates have “impaired objectivity” because the Offeror’s ability to render impartial judgments may be compromised because of its conflicting role(s) on this effort and other government contracts?

• Do “biased ground rules” exist? Most commonly, this would include a situation where the Offeror has, as a government Contractor, written specifications or a statement of work for this effort, which could skew competition in favor of itself?

• Is the Offeror aware of any other information relating to this proposed contract/order, which could reasonably be construed as creating an OCI?

• Does the Offeror or any intended subcontractors, teaming partners, proposed employees, or affiliates have access to third party proprietary information including but not limited to third party Intellectual Property, financial data, or future plans?

The Offeror/Contractor hereby certifies to the best of its knowledge its OCI status below:

(Offeror: Choose one of the following two statements. Indicate which one applies by placing an X in the box to the left of the statement.)

□ No real or perceived OCI, as defined in FAR 2.1 and discussed in FAR 9.5, will result from an award of the proposed work (there are no ‘Yes’ responses to the questions above).

□ A real or apparent OCI may exist as a result of an award and therefore an appropriate OCI Mitigation Plan is attached (Offeror shall include an appropriate OCI Mitigation Plan, as required by this clause, with its quote to the Contracting Officer).

Upon award the Contractor agrees that it will provide timely OCI training to all employees and subcontractor employees working on this effort, which will include emphasis on how work performed by Contractor employees (either prime Contractor, subcontractor, or other teaming partners) under one WRAIR OCI category can exclude the Contractor as well as its teaming partners from performing related tasks under a different OCI category of work.

________________________________(Signature) _______________ (Date)

________________________________ (Printed Name)

________________________________ (Title)

ATTACHMENT 3: NON DISCLOSURE AGREEMENT

Non-Disclosure Agreement for Contractor Employees and Subcontractors I, __________, am an employee of or a subcontractor to [Company Name] , a contractor acting under contract to the Walter Reed Army Institute of Research under Prime Contract No. ____ , through Delivery Order ______. I understand that in the performance of this task, I may have access to sensitive or proprietary business, technical, financial, and/or source selection information belonging to the Government or other contractors. Proprietary information includes, but is not limited to, cost/ pricing data, Government spend plan data, contractor technical proposal data, independent government cost estimates, negotiation strategies and contractor data presented in negotiations, contracting plans and statements of work. I agree not to discuss, divulge, or disclose any such information or data to any person or entity except those persons directly concerned with the performance of this delivery order. I have been advised that the unauthorized disclosure, use or negligent handling of the information by me could cause irreparable injury to the owner of the information. The injury could be source sensitive procurement information of the government or proprietary/trade secret information of another company.

I understand that the United States Government may seek any remedy available to it to enforce this Agreement, including, but not limited to, application for a court order prohibiting disclosure of information in breach of this agreement. Court costs and reasonable attorney fees incurred by the United States Government may be assessed against me if I lose such action. I understand that another company might file a separate claim against me if I have misused its proprietary information.

In the event that I seek other employment, I will reveal to any prospective employer the continuing obligation in this agreement prior to accepting any employment offer.

The obligations imposed herein do not extend to information/data which is:

a. in the public domain at the time of receipt or it came into the public domain thereafter through no act of mine;

b. disclosed with the prior written approval of the designated Contracting Officer;

c. demonstrated to have been developed by [Company Name] , or me independently of disclosures made hereunder;

d. disclosed pursuant to court order, after notification to the designated Contracting Officer;

e. disclosed inadvertently despite the exercise of the same reasonable degree of care a party normally uses to protect its own proprietary information.

I have read this agreement carefully and my questions, if any, have been answered to my satisfaction.

(Printed Name of Employee or Subcontractor) Date

(Signature) Organization

Section E - Inspection and Acceptance

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 N/A N/A N/A Government 1001 Destination Government Destination Government 2001 Destination Government Destination Government 3001 Destination Government Destination Government 4001 Destination Government Destination Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC

0001 POP 01-JAN-2018 TO

31-DEC-2018

N/A W03K W REEDARMYINSTRSCH(WRAIR)

W03K W REEDARMYINSTRSCH(WRAIR)

ROBERT GRANT AVENUE BLDG 503

SILVER SPRING MD 20910-7500

210-221-7928

W74MYF

0002 POP 01-JAN-2018 TO

31-DEC-2018

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 01-JAN-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-JAN-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 01-JAN-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 01-JAN-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.204-7 System for Award Management OCT 2016 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2016 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.222-25 Affirmative Action Compliance APR 1984 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

OCT 2015

52.232-1 Payments APR 1984 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-15 Stop-Work Order AUG 1989 52.243-1 Changes--Fixed Price AUG 1987 52.247-34 F.O.B. Destination NOV 1991 52.249-1 Termination For Convenience Of The Government (Fixed

Price) (Short Form)

APR 1984

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 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-0001 Line Item Specific: Single Funding SEP 2009 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7006 Billing Instructions OCT 2005 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

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

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.211-7008 Use of Government-Assigned Serial Numbers SEP 2010 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic

(Dec 2016)

DEC 2016

252.225-7035 Buy American--Free Trade Agreement--Balance Of Payments Program Certificate--Basic (Nov 2014)

NOV 2014

252.225-7036 Buy American--Free Trade Agreement--Balance of Payments Program--Basic (DEC 2016)

DEC 2016

252.225-7048 Export-Controlled Items JUN 2013 252.225-7993 (Dev) Prohibition on Providing Funds to the Enemy (Deviation

2015-O0016)

SEP 2015

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.246-7000 Material Inspection And Receiving Report MAR 2008 252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016)

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

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity;

or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code:

Immediate owner legal name: ___

(Do not use a ``doing business as'' name)

Is the immediate owner owned or controlled by another entity?:

[ ___ ] Yes or [ ___ ] No.

(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code:

Highest-level owner legal name:

(Do not use a ``doing business as'' name)

(End of provision)

52.211-6 BRAND NAME OR EQUAL (AUG 1999)

(a) If an item in this solicitation is identified as “brand name or equal,” the purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that “equal” products must meet are specified in the solicitation.

(b) To be…