A.09.03_SOL-W91YTZ-16-T-0X10.pdf

Document Type: Combined Solicitation/Synopsis Date: May 6, 2016 Subject: Repair of Surgical Instruments Solicitation Number: W91YTZ-16-T-0X10 Response Date: May 10, 2016 Point of Contact: Wesley.j.harris15.civ@mail.mil Set Aside: None.

Place of Performance: West Point, NY

Period of Performance: from 14-21 June 2016

NAICS Code: 621910- Size Standard: $15.0 M

Contracting Office Address

Regional Health Contracting Office - Atlantic (Provisional)| Army Health Contracting Activity (Provisional), | US Army Medical Command Fort Belvoir, VA

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a separate written solicitation will not be issued. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-

83. The Regional Health Contracting Office - Atlantic (Provisional), Army Health Contracting Activity (Provisional), US Army Medical Command intends to solicit, negotiate, and award a Single-Award. THE SOLICATION IS

RESTIRCTED TO THE LOCAL COMMUNING AREA IN WEST POINT, NEW YORK.

Clauses and provisions throughout this solicitation can be viewed by accessing website http://farsite.hill.af.mil/vffara.htm . FAR provision 52.212-1 [Instructions to Offerors Commercial Items] applies to this acquisition. FAR provision 52.212-1 [Instructions to Offerors Commercial] applies to this acquisition to include the following addenda: All offerors are cautioned that if selected for award, they must be registered in the System for Award Management (SAM) program. The SAM can be accessed via the internet at https://www.sam.gov/portal/public/SAM/. Confirmation of SAM registration will be validated prior to awarding a contract. The provision at FAR 52.212-2, Evaluation – Commercial Items and any addendums to this provision apply to this acquisition. The clause at FAR 52.212-5, Contract Terms and Conditions to Implement Statutes or Executive Orders – Commercial Items applies to this acquisition.

Vendors shall include a completed copy of FAR provision 52.212-3 Alt 1, Offeror Representations and Certifications with their offer. Offerors shall include a confirmation of receipt of any amendments to this solicitation.

Failure to submit a confirmation could result in the offer being determined non- responsive. Clause 52.212-4 Contract Terms and Conditions-Commercial items, applies to this acquisition to include any applicable addenda.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICS QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each Ambulatory Services

Available daily 0700-2200 14-21 June 2016

NET AMT

http://farsite.hill.af.mil/vffara.htm https://www.sam.gov/portal/public/SAM/

ITEM NO SUPPLIES/SERVICS QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Each

CMR

FFP

CMR

FOB: Destination

NET AMT

PEFORMANCE WORK STATEMENT

FOR EMERGENCY MEDICAL SERVICES (EMS)

1. GENERAL: The Department of Defense (DOD) 2016 Warrior Games embodies the spirit of the United States Armed Forces, and celebrates the triumphs, personal courage of our wounded, ill, and injured Service Members and Veterans. The DOD and United States Army Warrior Transition Command will be hosting the 2016 Warrior Games at the United States Military Academy at West Point in West Point, New York. It is essential that the Warrior Transition Command have on-site Emergency Medical Services for each competition event, opening and closing ceremonies. Emergency medical management includes but is not limited to initial emergency treatment, stabilization and transportation and/or /evacuation to higher level of care for any persons who may be competing, working, volunteering or observing the DOD 2016 Warrior Games.

1.1 Description of Services/Introduction: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to provide emergency medical services in support of the DOD 2016 Warrior Games as defined in this Performance Work Statement except for those items specified as government furnished property and services.

1.1.2 Background: The Warrior Games Athletic Competition was created in 2010 as an introduction to Paralympic sports for wounded, ill, and injured service members and veterans. The competition is a springboard for many service members and veterans to continue participating in sports programs in their communities. Since the inception of Warrior Games - Military Treatment Facilities, Warrior Transition Units and Wounded Warrior Battalions East (Camp Lejeune) and West (Camp Pendleton) have seen more than 20-percent increase in sports program participation by wounded, ill, and injured service members. From 2010–2014 Warrior Games Athletic Competition were hosted by the U.S. Olympic Committee and Deloitte and supported by the U.S. Department of Defense (DOD). The games were also supported by the U.S. Department of Veterans Affairs, United Service Organizations, Inc. (USO), Fisher House Foundation, and the Bob Woodruff Foundation. Wounded, ill and, injured athletes from the Army, Marines, Navy, Air Force, and Special Operations competed for the gold in archery, cycling, wheelchair basketball, shooting, swimming, track and field, and sitting volleyball in Colorado Springs, Colorado until 2015 when DoD Warrior Athletic Competition Games were hosted by the Marines at Quantico Base, Virginia. On 24 July 2015, Dr. Junor Laura (Principal Deputy Under Secretary of Defense for Personnel and Readiness) led a decision brief which culminated with the decision to move forward with the U.S. Army to plan, lead, and host the Fiscal Year 2016 Warrior Games Athletic Competition at the United States Military Academy (USMA) during the month of June. During the board meeting, all Service representatives concurred with the decision. The Service representatives requested that the DOD 2016 Warrior Games Athletic Competition be moved to the right as much as possible to facilitate recovery from Invictus, they also requested an event model less than 14 days.

1.2 Scope: The Contractor shall provide a full-service capability to ensure their emergency management services support the governments EXORD from 14-21 June 2016. Prior to the event, the Contractor shall participate in the Government planning. During the event, the Contractor shall manage, and control their personnel on the government approved site. Services shall include two ambulances and two fully trained personnel, with the equipment, tools, and material required to provide the service.

1.3 Tasks and Objectives: Contractor shall provide emergency medical management services as required to support the 2016 Warrior Games at the United States Military Academy (USMA) West Point, NY from 0700-2200 hours, 14-21 June 2016. This shall include effective planning, coordination, execution, management and reporting of all patient treatment, transports and evacuations.

1.3.1 EMS Vehicle: The Contractor shall provide two (2) ambulances, furnished with emergency medical supplies and EMS support equipment.

1.3.2 Personnel: Ambulance shall be staffed with two personnel; a minimum of one (1) paramedic and one (1) Advanced Emergency Medical Technician. Each person must be licensed and in good standing by the State of New York (no pending negative actions), fluent in English and possess current Paramedic and must be either AEMT or HIPAA Certified.

1.3.3 Communications: The Contractor must provide radios for each EMS personnel that are capable of communicating with the Warrior Transition Commands Joint Operations Center (WTC JOC).

1.3.3.1 Contractor shall provide initial emergency treatment, stabilization and transportation and/or evacuation for definitive care when indicated.

1.3.3.2 EMS equipment and personnel must be located on-site (at each ceremony and/or competition event) and available daily 0700-2200 14-21 June 2016 in accordance with the governments exercise order (EXORD) schedule.

1.3.3.3 Contractor personnel must be on location and in direct radio communications with the WTC JOC at each event 60 minutes prior to each events start time.

1.3.3.8 After transport, the Contractor must provide a written report (email) to the WTC JOC that provides the specifics of where the person was transported, and includes basic status (protecting personally identifiable information) and contact information for the hospital.

1.4 Schedule: Contractor shall ensure that EMS personnel and transport vehicle are on-site for each ceremony and/or competition event and are located at the prescribed location daily from 0700-2200 hours 14-21 June 2016.

1.5 General Information:

1.5.1 Quality Control: The Contractor shall develop, maintain, and execute an approved quality control program and processes to monitor their employees and subcontractor performance at applicable PWS locations and to ensure compliance with regulatory guidance and the requirements of this task order. The Contractor’s quality control procedures shall include inspections to identify, prevent, and ensure non-recurrence of defective services, procedures for addressing Government discovered non-conformances and procedures for collecting and addressing customer feedback/complaints.

1.5.2 Quality Assurance: The government will evaluate the Contractor’s performance under this task order in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is a government only document. This plan is primarily focused on what the Government must do to ensure the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.5.3 Recognized Holidays: The Contractor is not required to perform services on the federal holidays listed below:

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veterans Day Memorial Day Thanksgiving Day Independence Day Christmas Day

1.5.4 Hours of Operation: EMS on-site (for each ceremony and/or competition event) and remains available daily 0700-2200 14-21 June 2016. The Contractor shall perform services at least sixteen (16) hours per operational day. Individual personnel work week shall not exceed (40) hours per week to accommodate the local mission, except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. At times the Contractor employees may be required to work longer than eight (8) hours in a day or during weekends for event preparation and execution.

The Contractor is required to monitor the work hours and report as required to the functional representative. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. Adjustments to Contractor work schedules will not be considered overtime. Overtime requests shall be in written format; submitted to the Government Functional Representative for assessment; and to the COR for approval.

1.5.5 Place of Performance: The primary place of performance will be the USMA 950 Reynolds Road, West Point, NY 10997 and the location of specific assigned events to plan and/or support, temporary work location will be published by the Government.

1.5.6 Information Protection: The Contractor is responsible for safeguarding information of a confidential or sensitive nature. Failure to safeguard such information that may involve the Contractor or the Contractor’s personnel or to which they may have access may subject the Contractor and/or the Contractor’s employees to criminal liability under Title 18, section 793 and 7908 of the United States Code. Provisions of the Privacy Act apply to all records and reports maintained by the Contractor. All programs and materials developed at government expense during the course of this contract are the property of the government. Contractor personnel shall be required to obtain and maintain security badges and adhere to the installation security requirements.

1.5.7 Personnel Security: The Contractor shall comply with DoD Directive 8500.1, "Information Assurance (IA)," DoD Instruction 8500.2, "Information Assurance (IA) Implementation," DOD Directive 5400.11, "DOD Privacy Program," DOD 6025.18-R, "DOD Health Information Privacy Regulation," and DoD 5200.2-R, "Personnel Security Program Requirements."

1.5.8 Contractor Responsibilities: Contractor responsibilities for ensuring personnel security include meeting the following requirements:

1.5.8.1 Follow the United States Army Information Technology Agency (ITA) Security Office guidelines for submittal of Information Technology (IT) background investigations and security clearances and ensure all Contractor personnel are designated as IT-I, IT-II, or IT-III where their duties meet the criteria of the position sensitivity designations. Contact the ITA IA Office for guidance on the appropriate IT levels for personnel on the agreement.

1.5.8.2 Initiate, maintain, and document personnel security investigations appropriate to the individual's responsibilities and required access to Sensitive Information (SI).

1.5.8.3 Immediately report to the ITA Security Office and deny access to any automated IS (AIS), network, or SI information if a Contractor employee filling a sensitive position receives an unfavorable adjudication, if information that would result in an unfavorable adjudication becomes available, or if directed to do so by the appropriate government representative for security reasons.

1.5.8.4 Ensure that all Contractor personnel receive information assurance (IA) training before being granted access to ISs, networks, and/or SI information.

1.5.8.5 Health Insurance Portability and Accountability Act (HIPAA). The Contractor shall comply with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) (P.L. 104-191) requirements, specifically the administrative simplification provisions of the law and the associated rules and regulations published by the Secretary, Health and Human Services (HHS) and the published MEDCOM implementation directions. This includes the Standards for Electronic Transactions, the Standards for Privacy of Individually Identifiable Health Information, and the Security Standards. It is expected that the Contractor shall comply with all HIPAA-related rules and regulations as they are published and as ITA requirements are defined (including identifiers for providers, employers, health plans, and individuals, and standards for claims attachment transactions).

1.5.8.6 Access to Protected Information. If, during the performance of this procurement, Contractor personnel obtain access, by any means, to protected information, including trade secrets or proprietary information of other contractors, Government source selection information, HIPAA, Privacy Act information, or any other information with distribution limited by the Government, Contractor personnel will in no way divulge any such information except as it relates to the performance of this procurement within WTC itself, or shall not otherwise use or disclose this information for their personal gain, the gain of their employer, or the gain of anyone else. Contractor personnel will notify the Contracting Officer, their Task Manager, or the Contracting Officer Representative of any potential organizational conflict of interest created by any such access. A non-disclosure agreement, however, will not overcome an Organizational Conflict of Interest (OCI) as defined in FAR Subpart 9.5. Moreover, compliance with the Trade Secrets Act requires the consent of the owner of the proprietary information before another non-federal entity may be allowed access to such information. Accordingly, all Government Contractors are required to mark their proprietary information; any time the Contractor is given access to such marked information, it is incumbent upon the Contractor to inform the Contracting Officer of the access. Contractor personnel will be required to sign a nondisclosure agreement before starting work under the agreement. Failure to comply with this clause shall be deemed adequate cause for the removal of a Contractor employee from employment with the Contractor. The Contractor’s employment contracts with its employees will include a provision to provide for their removal under these conditions.

1.6 Security and Privacy. The Contractor shall –

1.6.1 Provide physical security for all material, equipment, data, and information handled during order performance, in accordance with AR 190-13, The Army Physical Security Program, AR 190-51, Security of Unclassified Army Property (Sensitive and Non-sensitive), and command policies, procedures, and regulations.

1.6.2 Perform operations on, have access to, or handle data and information that contain sensitive, proprietary, Personal Information Privacy Act (PIPA), or Health Insurance Portability and Accountability Act (HIPAA) or data. The Contractor shall handle sensitive information in accordance with the provided DD Form 254, Department of Defense Contract Security Classification Specification.

1.6.3 Physical Security: The Contractor shall be responsible for safeguarding all government equipment, information and property provided for Contractor use, when performing in a government facility. At the close of each work period, government facilities, equipment, and materials shall be secured.

1.6.4 Key Control: Keys will not be issued to contractor personnel for offices or doors located at the government office location.

1.6.5 Contracting Officer Representative (COR): The COR will be identified by a separate letter. The COR monitors all technical aspects of the task order and assists in task order administration. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the task order;

perform inspections necessary in connection with the task order performance; maintain written and oral communications with the Contractor concerning technical aspects of the task order; issue written interpretations of technical requirements, including Government drawings, designs, specifications; monitor Contractor's performance and notify both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property; and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.6.6 Identification of Contractor Employees: All Contractor personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

Further, it is a MEDCOM requirement that all Contractors indicate their contracting company in addition to the government client supported (i.e., Warrior Transition Command) in the email display name and signature block of all email communication while conducting business work scope for the command. Contractor personnel shall be required to obtain and wear badges in the performance of this service.

1.6.7 Contractor Travel: The performance of this effort will include but not be limited to the locations of DOD 2016 Warrior Games at USMA, West Point, NY. All travel requires approval/authorization of the Functional Representative and notification to the COR. Emergency Medical Services begin at 0700 on 14 June 2016 and conclude at 2200 on 21 June 2016. Projected travel dates are the responsibility of the Contractor.

1.6.8 Other Direct Costs (ODC): This category includes travel as required to execute (section 1.6.7), limited printing of event related rules or schedules (mass reproduction is strictly prohibited IAW USC Title 44 and the Joint Committee on Printing and Binding Regulations (JCP)) and direct costs associated with webhosting, and design items required for the development of marketing materials or website. Software and equipment purchases are not allowed. Promotional material purchases (i.e., shirts with logos) are not allowed IAW Executive Order 13589 dated November 9, 2011. All ODCs shall be submitted to the KO and COR prior to expenditure. The Contractor shall ensure Contractor personnel are trained on allowable expenses and all methods are taken to minimize Contractor’s risk of invoice rejection due to non-allowable items. The Contractor shall maintain all costs within the NOT TO EXCEED amount established in the corresponding CLINS. At such time as the NOT TO EXCEED amount reaches 75% of total CLIN amount, the Contractor must provide written notification to Contracting Officer (KO) and COR. The Contractor shall include all other ODCs associated with successful performance of the work requirements as part of the firm-fixed price. The Government will allow a negotiated material handling fee be applied to the ODCs (not including travel) based on contract award. All travel ODC cost will be IAW the Joint Travel Regulation. Neither G&A nor profit will be allowed on ODCs, including travel.

1.6.9 Data Rights: The Government has unlimited rights to all documents/material produced under this task order.

All documents and materials, to include the source codes of any software, produced under this task order shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. HIPAA protected documents and materials may not be used or sold by the Contractor. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.6.10 Supervision of Contractor Employees: The Government will not exercise any supervision or control over Contractor or subcontractor employees while performing work under the contract. Such employees shall be accountable solely to the Contractor, not the Government. The Contractor, in turn, shall be accountable to the Government for Contractor or subcontractor employees.

1.6.11 Mandatory Training: The Contractor shall ensure personnel performing services under this task order complete additional Government provided training prior to providing services. Due to the nature of some training, non-completion may result in inability to provide services. All training will be completed online. The training includes, but it is not limited to the following:

1.6.12 Health Insurance Portability and Accountability Act of 1996: HIPAA Certification Clinical or Operational;

Paramedic or Advanced EMT certification and licensure within the state of New York.

1.7 Certification and Licensure in accordance with the New York Department of Health:

1.7.1 National Certification as Emergency Medical Technician-Paramedic (AEMT-P)

1.7.2 National Certification as Advanced Emergency Medical Technician-Paramedic (AEMT)

1.7.3 New York State Certification as Emergency Medical Technician-Paramedic (AEMT-P)

1.7.4 New York State Certification as Advanced Emergency Medical Technician-Paramedic (AEMT)

1.8 Medical Liability Insurance: The Contractor shall provide medical liability insurance per standard for the State of New York.

1.9 Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.10 Key Personnel: The following personnel are considered key personnel by the Government to support the 2016 DoD Warrior Games Athletic Emergency Medical Services: Lead Paramedic, Paramedics and Advanced Emergency Technicians

1.10.1 Lead Paramedic: Responsible for staff coordination including scheduling,

1.10.2 Paramedic (AEMT-P)

1.10.3 Advanced Emergency Medical Technician (AEMT)

End of Part 1

PART 2

PEFORMANCE WORK STATEMENT

FOR EMERGENCY MEDICAL SERVICES (EMS)

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1. CONTRACTOR. A supplier or vendor awarded a contractual vehicle (in this case; task order) to provide specific supplies or service to the Government. The term used in this Task Order refers to the prime.

2.1.2. CONTRACTING OFFICER. A person with authority to enter into, administer, and/or terminate contractual vehicles, and make related determinations and findings on behalf of the Government. Note: The only individual who can legally bind the Government.

2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S.

Government appointed by the Contracting Officer to administer the task order. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the task order, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the base contract or task order.

2.1.4. DEFECTIVE SERVICE. A service output that does NOT meet the standard of performance associated with the Performance Work Statement.

2.1.5. DELIVERABLE. Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

2.1.6. MEDICAL LIABILITY INSURANCE: A type of professional liability insurance purchased by health care professionals; is one type of professional liability insurance which protects physicians and other licensed health care professionals from liability associated with wrongful practices resulting in bodily injury

2.1.7. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.1.8. QUALITY ASSURANCE. The Government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.9. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of Contractor performance.

2.1.10. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract and task order requirements.

2.1.11. SUBCONTRACTOR. One that enters into a contract with a prime Contractor. The Government does not have privity of contract/task order with the subcontractor.

2.1.12. WORK DAY. The number of hours per day, the Contractor provides services in accordance with the task order.

2.1.13. WORK WEEK: Defined as everyday beginning 14 June 2016 and ending 21 June 2016.

W91YTZ-16-T-0210

2.2. ACRONYMS:

AFARS Army Federal Acquisition Regulation Supplement AMAP Army Medical Action Plan AR Army Regulation AUP Authorized Use Policy AW2 Army Wounded Warrior Program CAC Common Access Card CCE Contracting Center of Excellence CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTR Contracting Officer's Technical Representative COTS Commercial-Off-the-Shelf DOD Department of Defense DA Department of the Army DD254 Department of Defense Contract Security Requirement List DEERS Defense Enrollment Eligibility Reporting System DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center AEMT Advanced Emergency Medical Technician AEMT-P Advanced Emergency Medical Technician-Paramedic FAQ Frequently Asked Questions FAR Federal Acquisition Regulation FSO Facility Security Office HIPAA Health Insurance Portability and Accountability Act of 1996 ITA Information Technology Agency JCP Joint Committee on Printing and Binding JPAS Joint Personnel Adjudication System KO Contracting Officer MEDCOM Medical Command NGB National Guard Bureau OCI Organizational Conflict of Interest ODC Other Direct Costs PAA Privileged Access Agreement PAO Public Affairs Office PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program TASS Trusted Associate Sponsorship System TE Technical Exhibit TSG The Surgeon General WCP Warrior Care Policy Office WT Warriors in Transition WTC Warrior Transition Command WTO Warrior Transition Office WCTP Warrior Care and Transition Program

End Part 2

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.212-2 Evaluation - Commercial Items OCT 2014 52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015

CLAUSES INCORPORATED BY FULL TEXT

ADDENDUM TO 52.212-4

(w) The non-FAR Part 12 discretionary FAR, DFARS, AFARS, and LOCAL clauses included herein are incorporated into this contract either by reference or in full text. If incorporated by reference, see clause 52.252-2 herein for locations where full text can be found.

(End of Clause)

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2015

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

OCT 2015

52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity APR 2015 52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-50 Combating Trafficking in Persons MAR 2015 52.223-18 Encouraging Contractor Policies To Ban Text

Messaging While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-36 Payment by Third Party MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights

SEP 2013

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.225-7048 Export-Controlled Items JUN 2013

Page

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006

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

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

Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Subsidiary means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

(b) If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period of performance of this contract, the Government may be prohibited from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.

(c) Exceptions to this prohibition are located at 9.108-2.

(d) In the event the Contractor becomes either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting Officer within five business days from the date of the inversion event.

(End of clause)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013)

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

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code -assigned to contract number .

(Contractor to sign and date and insert authorized signer's name and title).

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

HTTP://FARSITE.HILL.AF.MIL

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any DoD FAR Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (SEPT 2015)

(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.

Contractor information system means an information system belonging to, or operated by or for, the Contractor.

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 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 information that--

(i) Is--http://farsite.hill.af.mil/

(A) Provided to the contractor by or on behalf of DoD in connection with the performance of the contract;

or

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

(ii) Falls in any of the following categories:

(A) Controlled technical information.

(B) Critical information (operations security). Specific facts identified through the Operations Security process about friendly intentions, capabilities, and activities vitally needed by adversaries for them to plan and act effectively so as to guarantee failure or unacceptable consequences for friendly mission accomplishment (part of Operations Security process).

(C) Export control. Unclassified information concerning certain items, commodities, technology, software, or other information whose export could reasonably be expected to adversely affect the United States national security and nonproliferation objectives. To include dual use items; items identified in export administration regulations, international traffic in arms regulations and munitions list; license applications;

and sensitive nuclear technology information.

(D) Any other information, marked or otherwise identified in the contract, that requires safeguarding or disseminationcontrols pursuant to and consistent with law, regulations, and Governmentwide policies (e.g., privacy, proprietary business information).

Cyber incident means actions taken through the use of computer networks that result in 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.

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 information is recorded, stored, or printed within an 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.

Rapid(ly) report(ing) 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.

(b) Adequate security. The Contractor shall provide adequate security for all covered defense information on all covered contractor information systems that support the performance of work under this contract.

To provide adequate security, the Contractor shall--

(1) Implement information systems security protections on all covered contractor information systems including, at a minimum--

(i) For covered contractor information systems that are part of an Information Technology (IT) service or system operated on behalf of the Government--

(A) Cloud computing services shall be subject to the security requirements specified in the clause 252.239-7010, Cloud Computing Services, of this contract; and

(B) 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; or

(ii) 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)(i) of this clause--

(A) 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”, http://dx.doi.org/10.6028/NIST.SP.800-171 that is in effect at the time the solicitation is issued or as authorized by the Contracting Officer; or

(B) Alternative but equally effective security measures used to compensate for the inability to satisfy a particular requirement and achieve equivalent protection approved in writing by an authorized representative of the DoD CIO prior to contract award; and

(2) Apply other security measures when the Contractor reasonably determines that such measures, in addition to those identified in paragraph (b)(1) of this clause, may be required to provide adequate security in a dynamic environment based on an assessed risk or vulnerability.

(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, 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 http://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 http://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 http://iase.disa.mil/pki/eca/Pages/index.aspx.

http://dx.doi.org/10.6028/NIST.SP.800-171 http://dibnet.dod.mil/ http://iase.disa.mil/pki/eca/Pages/index.aspx

(d) Malicious software. The Contractor or subcontractors that discover and isolate malicious software in connection with a reported cyber incident shall submit the malicious software in accordance with instructions provided by the Contracting Officer.

(e) Media preservation and protection. When a Contractor discovers a cyber incident has occurred, the Contractor shall preserve and protect images of all known affected information systems identified in paragraph (c)(1)(i) of this clause and all relevant monitoring/packet capture data for at least 90 days from the submission of the cyber incident report to allow DoD to request the media or decline interest.

(f) Access to additional information or equipment necessary for forensic analysis. Upon request by DoD, the Contractor shall provide DoD with access to additional information or equipment that is necessary to conduct a forensic analysis.

(g) Cyber incident damage assessment activities. If DoD elects to conduct a damage assessment, the Contracting Officer will request that the Contractor provide all of the damage assessment information gathered in accordance with paragraph (e) of this clause.

(h) DoD safeguarding and use of contractor attributional/proprietary information. The Government shall protect against the unauthorized use or release of information obtained from the contractor (or derived from information obtained from the contractor) under this clause that includes contractor attributional/proprietary information, including such information submitted in accordance with paragraph (c). To the maximum extent practicable, the Contractor shall identify and mark attributional/proprietary information. In making an authorized release of such information, the Government will implement appropriate procedures to minimize the contractor attributional/proprietary information that is included in such authorized release, seeking to include only that information that is necessary for the authorized purpose(s) for which the information is being released.

(i) Use and release of contractor attributional/proprietary information not created by or for DoD.

Information that is obtained from the contractor (or…