W91YTZ23Q0039 6 21 23.pdf

Combined Synopsis/Solicitation

This is a Request for Quote; announcement constitutes the only solicitation; Proposals are being requested and a written solicitation will not be issued.

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in the Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation.

The solicitation number is W91YTZ23Q0039 and is issued as a request for quote (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-02 and Defense Federal Acquisition Regulation Supplement Publication Notice 20221219. In accordance with FAR 52.216-1 Type of Contract (April 1984), the Government contemplates award of a firm-fixed-price contract resulting from this solicitation.

The North American Industrial Classification System (NAICS) is 811210, “Electronic and Precision Equipment Repair and Maintenance”, Size Standard $34,000,000.00. This procurement is Full and Open - Unrestricted competition.

The Eisenhower Contracting Branch, Fort Gordon, Georgia requires Chillers Maintenance for Magnetic Resonance Imaging Machines at the Winn Army Community Hospital, Fort Stewart, Georgia. The Estimated Period of Performance: Date of Award – 31 May 2028. Billing will be per quarter.

SOLICITATION RESPONSES: Proposals shall be submitted by email to johnnie.huffin.civ@health.mil and francine.brown.civ@health.mil no later than 12:00 P.M. Eastern Time on Friday, 30 June, 2023. Please email questions by 12:00 P.M. Eastern Time. 28 June 2023. Electronic submission via e-mail is required. Only emailed Proposals are acceptable. Offerors must furnish pricing on all item numbers, submit proof of certifications and proof of being within a 300-mile radius of Fort Stewart. Offerors must also complete the past performance questionnaire to be considered for award. See the Addendum to 52.212-1 Instructions to Offerors for submission requirements, read the performance work statement and the Addendum to 52.212-2 Evaluation – Commercial Items.

Item No. 0001: MRI Chiller Maintenance-Service 4 Quarter

Base Year The Contractor will provide quarterly inspections, preventative maintenance, services and repairs for both chillers to ensure equipment performs and operates to full capacity. Services and repairs will include travel, labor, and repair parts/materials required. Chillers will be covered 24hrs / day, 7 days / week with a 24-hour on-site response time to perform repairs and 6-hour response time for emergency critical services. Provide update on part orders every other day.

Sign-in/sign-out through Healthcare Technology Management Sustainment, HTMS. MRI Clinic BLDG 314, Winn Army Community Hospital, Fort Stewart, Georgia. Provide invoice per order no later than 30 days after service.

The Contractor will provide trained technicians specializing in HVAC, refrigeration and electronic system maintenance and repair service. The Contractor’s service technician’s qualification shall include certification as being trained and qualified to perform preventive maintenance and repairs for the referenced chillers.

Estimated POP: 15 July 2023-14 July 2024

Base Year Total Cost: $_______________

Item Manufacturer Model Serial No.

1 Drake PACT171D3-T42TS D11K1198

2 DIMPLEX WO2-5000-2P-NF-L-M-407C 36723

Item No. 1001: MRI Chiller Maintenance 4 Quarter

Option Year One

The Contractor will provide quarterly inspections, preventative maintenance, services and repairs for both chillers to ensure equipment performs and operates to full capacity. Services and repairs will include travel, labor, and repair parts/materials required. Chillers will be covered 24hrs / day, 7 days / week with a 24-hour on-site response time to perform repairs and 6-hour response time for emergency critical services. Provide update on part orders every other day.

Sign-in/sign-out through Healthcare Technology Management Sustainment, HTMS. MRI Clinic BLDG 314, Winn Army Community Hospital, Fort Stewart, Georgia. Provide invoice per order no later than 30 days after service.

The Contractor will provide trained technicians specializing in HVAC, refrigeration and electronic system maintenance and repair service. The Contractor’s service technician’s qualification shall include certification as being trained and qualified to perform preventive maintenance and repairs for the referenced chillers.

POP: 15 July 2024-14 July 2025

Option Year One Total Cost: $_______________

Item No. 2001: MRI Chiller Maintenance 4 Quarter

Option Year Two

The Contractor will provide quarterly inspections, preventative maintenance, services and repairs for both chillers to ensure equipment performs and operates to full capacity. Services and repairs will include travel, labor, and repair parts/materials required. Chillers will be covered 24hrs / day, 7 days / week with a 24-hour on-site response time to perform repairs and 6-hour response time for emergency critical services. Provide update on part orders every other day.

Sign-in/sign-out through Healthcare Technology Management Sustainment, HTMS. MRI Clinic BLDG 314, Winn Army Community Hospital, Fort Stewart, Georgia. Provide invoice per order no later than 30 days after service.

The Contractor will provide trained technicians specializing in HVAC, refrigeration and electronic system maintenance and repair service. The Contractor’s service technician’s qualification shall include certification as being trained and qualified to perform preventive maintenance and repairs for the referenced chillers.

POP: 15 July 2025-14 July 2026

Option Year Two Total Cost: $_______________

Item No. 3001: MRI Chiller Maintenance 4 Quarter

Option Year Three The Contractor will provide quarterly inspections, preventative maintenance, services and repairs for both chillers to ensure equipment performs and operates to full capacity. Services and repairs will include travel, labor, and repair parts/materials required. Chillers will be covered 24hrs / day, 7 days / week with a 24-hour on-site response time to perform repairs and 6-hour response time for emergency critical services. Provide update on part orders every other day.

Sign-in/sign-out through Healthcare Technology Management Sustainment, HTMS. MRI Clinic BLDG 314, Winn Army Community Hospital, Fort Stewart, Georgia. Provide invoice per order no later than 30 days after service.

The Contractor will provide trained technicians specializing in HVAC, refrigeration and electronic system maintenance and repair service. The Contractor’s service technician’s qualification shall include certification as being trained and qualified to perform preventive maintenance and repairs for the referenced chillers.

POP: 15 July 2026-14 July 2027

Option Year Three Total Cost: $_______________

Item No. 4001: MRI Chiller Maintenance 4 Quarter

Option Year Four

The Contractor will provide quarterly inspections, preventative maintenance, services and repairs for both chillers to ensure equipment performs and operates to full capacity. Services and repairs will include travel, labor, and repair parts/materials required. Chillers will be covered 24hrs / day, 7 days / week with a 24-hour on-site response time to perform repairs and 6-hour response time for emergency critical services. Provide update on part orders every other day.

Sign-in/sign-out through Healthcare Technology Management Sustainment, HTMS. MRI Clinic BLDG 314, Winn Army Community Hospital, Fort Stewart, Georgia. Provide invoice per order no later than 30 days after service.

The Contractor will provide trained technicians specializing in HVAC, refrigeration and electronic system maintenance and repair service. The Contractor’s service technician’s qualification shall include certification as being trained and qualified to perform preventive maintenance and repairs for the referenced chillers.

POP: 15 July 2027-14 July 2028

Option Year Four Total Cost: $_______________

Total Base Period Plus Four Option Years: $____________________

Funds not used during the performance period will be de-obligated.

52.212-1 Instructions to Offerors--Commercial Items (NOV 2021)

ADDENDUM TO FAR 52.212-1

Paragraph 52.212-1(m) is hereby added:

(m) The non-FAR Part 12 discretionary FAR and DFARS provisions included herein are incorporated into this solicitation either by reference or in full text. If incorporated by reference, see provision 52.252-1 herein for locations where full text can be found.

(n) This solicitation is for MRI Chiller Maintenance, Winn Army Community Hospital, Fort Stewart GA. The estimated period of performance is 15 July 2023 – 30 May 2028 including 4-one year options. The associated North American Industrial Classification System (NAICS) code for this procurement is 811210, Equipment and Precision Repair and Maintenance. The size standard is $34,000,000.00. This procurement is being conducted as Full and Open – Unrestricted. All eligible businesses may submit an offer, which will be considered.

(o) The point of contact is Mr. Johnnie Huffin, Contract Specialist, johnnie.huffin.civ@health.mil and Ms. Francine Brown, Contracting Officer, Francine.brown.civ@health.mil.

(p) Non-Personal Services: The contractor shall provide MRI Chiller Maintenance. Billing will be per quarter.

(q) Offerors must be registered in the System Award for Management (SAM) http://www.sam.gov before an award can be made.

(r) The Offeror shall submit proposed pricing for all subcontract Line-Item Numbers identified in the Request for Quote, unless otherwise noted. The offeror shall limit their unit and extended prices to two (2) decimal places (example:

$158.03). Offerors must review the entire solicitation and fill in 52.219-28, 52.204-24, 52.204-26, 52.209-2, and 52.209- 11 and if not registered in SAM, 52.212-3. Offerors must submit three past performance questionnaire documenting experience in servicing the chillers referenced on page 1 and in the Performance Work Statement. Past performance shall be within the past three years from the date of this solicitation. See past performance questionnaire form at the end of this solicitation.

(s) Protests received at a level higher that the Contracting Officer will be referred to the Contracting Officer. Protestor may request a review by the Contracting Officer, or an independent review will be addressed to the Contracting Officer for referral to the review authority. Questions on this process will be referred to the cognizant Contracting Officer identified in the solicitation.

(End of ADDENDUM to 52.212-1)

PLEASE PROVIDE:

Company Name:

Address:

Phone Number:

Point of Contact:

E-mail:

Unique Entity ID Number:

Cage Code:

Signature Date

Please complete the Past Performance Reference Form at the end of this document and email it to Mr. Johnnie Huffin, Contract Specialist at johnnie.huffin.civ@health.mil and Ms. Francine Brown, Contracting Officer, Francine.brown.civ@health.mil

CLAUSES INCORPORATED BY REFERENCE

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018

ADDENDUM TO FAR 52.212-4

(w) The non-FAR Part 12 discretionary FAR and DFARS 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 ADDENDUM to 52.212-4)

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities

APR 1984

52.203-6 Restrictions on Subcontractor Sales to the Government

JUN 2020

52.204-4 Printed or Copied Double-Sided on Post Consumer Fiber Content Paper

MAY 2011

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

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-23 Prohibition on Contracting for Hardware, Software, and JUL 2018 Services Developed or Provided by Kaspersky Lab and Other Covered entities NOV 2021 52.204-25 Prohibition on Contracting for certain Telecommunications AUG 2020 And Surveillance services or equipment 52.209-6 Protecting the Government’s interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment NOV 2021 52.219-8 Utilization of Small Business Concerns OCT 2018 52.222-3 Convict Labor JUN 2003

52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2020 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-37 Employment reports on Veterans JUN 2020 52.222-50 Combating Trafficking in Persons MAR 2015 52.223-3 Hazardous Material Identification and Material Safety Data FEB 2021 52.223-6 Drug-Free Workplace May 2001 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.228-5 Insurance-Work on a Government Installation JAN 1997 52.229-6 Taxes-Foreign Fixed-Price Contract. FEB 2013 52.229-12 Taxes on Certain Foreign Procurements FEB 2021 52.232-18 Availability of Funds APR 1984 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.242-13 Bankruptcy JUL 1995 52.244-2 Subcontracts JUN 2020 52.246-16 Responsibility for Supplies APR 1984

CLAUSES INCORPORATED BY FULL TEXT

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

(a) Definitions. As used in this clause—

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

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

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 252.204-7018 Prohibition on the Acquisition of covered Defense Telecommunications Equipment or Services JAN 2021 252.209-7004 Subcontracting with Firms that are Owned or Controlled By the Government of a Country that is a State Sponsor of Terrorism MAY 2019 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7002 Qualifying Country Sources as Subcontractors DEC 2017

252.225-7012 Preference for Certain Domestic Commodities MAR 2022 252.225-7015 Restriction on Acquisition of Hand or Measuring Tools JUN 2005 252.225-7017 Photovoltaic Devices MAR 2022 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving DEC 2018 Report (Class Deviation 2018-A00001) 252.232-7010 Levies on Contract Payments DEC 2006 252.232-7017 Accelerating Payments to Small Business Subcontractors Prohibition of Fees and Consideration APR 2020 252.243-7001 Pricing of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 information, such as necessary to process payments.

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

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

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

(b) Safeguarding requirements and procedures.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(End of clause)

52.209-10 – Prohibition on Contracting With Inverted Domestic Corporations (Nov 2015)

(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)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days before contract expires.

(End of clause)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days before the contract expires provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

(End of clause)

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

(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 represent 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

(c) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter. The Contractor shall represent its size status in accordance with the size standard in effect at the time of this representation 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 representation and submit it to the contracting office, along with the contract number and the date on which the representation was completed:

The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code 811210- assigned to contract number TBD.

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

52.222-26 EQUAL OPPORTUNITY (SEPT 2016)

Compensation means any payments made to, or on behalf of, an employee or offered to an applicant as remuneration for employment, including but not limited to salary, wages, overtime pay, shift differentials, bonuses, commissions, vacation and holiday pay, allowances, insurance and other benefits, stock options and awards, profit sharing, and retirement. Compensation information means the amount and type of compensation provided to employees or offered to applicants, including, but not limited to, the desire of the Contractor to attract and retain a particular employee for the value the employee is perceived to add to the Contractor's profit or productivity; the availability of employees with like skills in the marketplace; market research about the worth of similar Quarters in the relevant marketplace; Quarter analysis, descriptions, and evaluations; salary and pay structures; salary surveys; labor union agreements; and Contractor decisions, statements and policies related to setting or altering employee compensation.

Essential Quarter functions means the fundamental Quarter duties of the employment position an individual holds.

A Quarter function may be considered essential if—

(1) The access to compensation information is necessary in order to perform that function or another routinely assigned business task; or

(2) The function or duties of the position include protecting and maintaining the privacy of employee personnel records, including compensation information.

Gender identity has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.

Sexual orientation has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.

United States means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

(b)(1) If, during any 12-month period (including the 12 months preceding the award of this contract), the Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate value in excess of $10,000, the Contractor shall comply with this clause, except for work performed outside the United States by employees who were not recruited within the United States. Upon request, the Contractor shall provide information necessary to determine the applicability of this clause.

(2) If the Contractor is a religious corporation, association, educational institution, or society, the requirements of this clause do not apply with respect to the employment of individuals of a particular religion to perform work connected with the carrying on of the Contractor's activities (41 CFR 60-1.5).

(c) (1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. However, it shall not be a violation of this clause for the Contractor to extend a publicly announced preference in employment to Indians living on or near an Indian reservation, in connection with employment opportunities on or near an Indian reservation, as permitted by

41 CFR 60-1.5.

(2) The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This shall include, but not be limited to, (i) employment, (ii) upgrading, (iii) demotion, (iv) transfer,

(v) recruitment or recruitment advertising, (vi) layoff or termination, (vii) rates of pay or other forms of compensation, and (viii) selection for training, including apprenticeship.

(3) The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause.

(4) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

(5)(i) The Contractor shall not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This prohibition against discrimination does not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential Quarter functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information.

(ii) The Contractor shall disseminate the prohibition on discrimination in paragraph (c)(5)(i) of this clause, using language prescribed by the Director of the Office of Federal Contract Compliance Programs (OFCCP), to employees and applicants by—

(A) Incorporation into existing employee manuals or handbooks; and

(B) Electronic posting or by posting a copy of the provision in conspicuous places available to employees and applicants for employment.

(6) The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer advising the labor union or workers' representative of the Contractor's commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment.

(7) The Contractor shall comply with Executive Order 11246, as amended, and the rules, regulations, and orders of the Secretary of Labor.

(8) The Contractor shall furnish to the contracting agency all information required by Executive Order 11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor. The Contractor shall also file Standard Form 100 (EEO-1), or any successor form, as prescribed in 41 CFR part 60-1. Unless the Contractor has filed within the 12 months preceding the date of contract award, the Contractor shall, within 30 days after contract award, apply to either the regional Office of Federal Contract Compliance Programs (OFCCP) or the local office of the Equal Employment Opportunity Commission for the necessary forms.

(9) The Contractor shall permit access to its premises, during normal business hours, by the contracting agency or the OFCCP for the purpose of conducting on-site compliance evaluations and complaint investigations. The Contractor shall permit the Government to inspect and copy any books, accounts, records (including computerized records), and other material that may be relevant to the matter under investigation and pertinent to compliance with Executive Order 11246, as amended, and rules and regulations that implement the Executive Order.

(10) If the OFCCP determines that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts, under the procedures authorized in Executive Order 11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive Order 11246, as amended; in the rules, regulations, and orders of the Secretary of Labor; or as otherwise provided by law.

(11) The Contractor shall include the terms and conditions of this clause in every subcontract or purchase order that is not exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order 11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor.

(12) The Contractor shall take such action with respect to any subcontract or purchase order as the Director of OFCCP may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance;

provided, that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of any direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.

(d) Notwithstanding any other clause in this contract, disputes relative to this clause will be governed by the procedures in 41 CFR part 60-1.

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020)

“Active-duty wartime or campaign badge veteran,” “Armed Forces service medal veteran,” “disabled veteran,” “protected veteran,” “qualified disabled veteran,’ and “recently separated veteran” have the meanings given at FAR 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance.

Such necessary changes in language may be made as shall be appropriate of identify properly the parties and their undertakings.

[Class Deviation- 2017-O0008, Office of Federal contract Compliance Programs Waiver of Certain Clause Requirements in Contracts for Hurricane Harvey Relief Efforts. This clause deviation is effective on Sept 01, 2017, and remains in effect until incorporated into the FAR, or otherwise rescinded.

(d) Notwithstanding the provisions of this section, the Contractor will not be obligated to develop the written affirmative action program required under the regulations implementing the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA).

(End of Clause)

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60.741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

[Class Deviation- 2017-O0008, Office of Federal contract Compliance Programs Waiver of Certain Clause Requirements in Contracts for Hurricane Harvey Relief Efforts. This clause deviation is effective on Sept 01, 2017, and remains in effect until incorporated into the FAR, or otherwise rescinded.

(c) Notwithstanding the provisions of this section, the Contractor will not be obligated to develop the written affirmative action program required under the regulations implementing section 503 of the Rehabilitation Act of 1973, as amended.

(End of Clause)

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT

(DEC 2010)

(a) During the term of this contract, the Contractor shall post an employee notice, of such size and in such form, and containing such content as prescribed by the Secretary of Labor, in conspicuous places in and about its plants and offices where employees covered by the National Labor Relations Act engage in activities relating to the performance of the contract, including all places where notices to employees are customarily posted both physically and electronically, in the languages employees speak, in accordance with 29 CFR 471.2(d) and (f).

(1) Physical posting of the employee notice shall be in conspicuous places in and about the Contractor's plants and offices so that the notice is prominent and readily seen by employees who are covered by the National Labor Relations Act and engage in activities related to the performance of the contract.

(2) If the Contractor customarily posts notices to employees electronically, then the Contractor shall also post the required notice electronically by displaying prominently, on any Web site that is maintained by the Contractor and is customarily used for notices to employees about terms and conditions of employment, a link to the Department of Labor's Web site that contains the full text of the poster. The link to the Department's Web site, as referenced in (b)(3) of this section, must read, ``Important Notice about Employee Rights to Organize and Bargain Collectively with Their Employers.''

(b) This required employee notice, printed by the Department of Labor, may be--

(1) Obtained from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S.

Department of Labor, 200 Constitution Avenue, NW., Room N-5609, Washington, DC 20210, (202) 693-0123, or from any field office of the Office of Labor-Management Standards or Office of Federal Contract Compliance Programs.

(2) Provided by the Federal contracting agency if requested;

(3) Downloaded from the Office of Labor-Management Standards Web site at http://www.dol.gov/olms/regs/compliance/EO13496.htm; or

(4) Reproduced and used as exact duplicate copies of the Department of Labor's official poster.

(c) The required text of the employee notice referred to in this clause is located at Appendix A, Subpart A, 29 CFR Part 471.

(d) The Contractor shall comply with all provisions of the employee notice and related rules, regulations, and orders of the Secretary of Labor.

(e) In the event that the Contractor does not comply with the requirements set forth in paragraphs (a) through (d) of this clause, this contract may be terminated or suspended in whole or in part, and the Contractor may be suspended or debarred in accordance with 29 CFR 471.14 and subpart 9.4. Such other sanctions or remedies may be imposed as are provided by 29 CFR part 471, which implements Executive Order 13496 or as otherwise provided by law.

(f) Subcontracts. (1) The Contractor shall include the substance of this clause, including this paragraph (f), in every subcontract that exceeds $10,000 and will be performed wholly or partially in the United States, unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to section 3 of Executive Order 13496 of January 30, 2009, so that such provisions will be binding upon each subcontractor.

(2) The Contractor shall not procure supplies or services in a way designed to avoid the applicability of Executive Order 13496 or this clause.

(3) The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means of enforcing such provisions, including the imposition of sanctions for noncompliance.

(4) However, if the Contractor becomes involved in litigation with a subcontractor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.

52.252-2 CLAUSES INCORPORATED BY REFERENCE (NOV 2020)

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://acquisition/gov/

(End of clause)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

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

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

(End of clause)

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT

REPORTING (DEC 2019)

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

Compromise means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred.

Contractor attributional/proprietary information means information that identifies the contractor(s), whether directly or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description, facility locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company.

Controlled technical information means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination.

Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.

Covered contractor information system means an unclassified information system that is owned, or operated by or for, a contractor and that processes, stores, or transmits covered defense information. Covered defense information means unclassified controlled technical information or other information, as described in the Controlled Unclassified Information (CUI) Registry at http://www.archives.gov/cui/registry/category- list.html, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Government wide policies, and is--

(1) Marked or otherwise identified in the contract, task order, or delivery order and provided to the contractor by or on behalf of DoD in support of the performance of the contract; or

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

Cyber incident means actions taken through the use of computer networks that result in a compromise or an actual or potentially adverse effect on an information system and/or the information residing therein.

Forensic analysis means the practice of gathering, retaining, and analyzing computer-related data for investigative purposes in a manner that maintains the integrity of the data.

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

Malicious software means computer software or firmware intended to perform an unauthorized process that will have adverse impact on the confidentiality, integrity, or availability of an information system. This definition includes a virus, worm, Trojan horse, or other code-based entity that infects a host, as well as spyware and some forms of adware.

Media means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which covered defense information is recorded, stored, or printed within a covered contractor information system.

Operationally critical support means supplies or services designated by the Government as critical for airlift, sealift, intermodal transportation services, or logistical support that is essential to the mobilization, deployment, or sustainment of the Armed Forces in a contingency operation.

Rapidly report means within 72 hours of discovery of any cyber incident.

Technical information means technical data or computer software, as those terms are defined in the clause at DFARS 252.227-7013, Rights in Technical Data--Noncommercial Items, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code.

(b) Adequate security. The Contractor shall provide adequate security on all covered contractor information systems. To provide adequate security, the Contractor shall implement, at a minimum, the following information security protections:

(1) For covered contractor information systems that are part of an information technology (IT) service or system operated on behalf of the Government, the following security requirements apply:

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

(2) 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. For covered contractor information systems that are not part of an IT service or system operated on behalf of the Government and therefore are not subject to the security requirement specified at paragraph (b)(1) of this clause, the following security requirements apply:

(i) Except as provided in paragraph (b)(2)(ii) of this clause, the covered contractor information system shall be subject to the security requirements in National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, “Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations” (available via the internet at http://dx.doi.org/10.6028/NIST.SP.800-171) in effect at the time the solicitation is issued or as authorized by the Contracting Officer.

(ii)(A) The Contractor shall implement NIST SP 800-171, as soon as practical, but not later than December 31, 2017. For all contracts awarded prior to October 1, 2017, the Contractor shall notify the DoD Chief Information Officer (CIO), via email at osd.dibcsia@mail.mil, within 30 days of contract award, of any security requirements specified by NIST SP 800-171 not implemented at the time of contract award.

(B) The Contractor shall submit requests to vary from NIST SP 800-171 in writing to the Contracting Officer, for consideration by the DoD CIO.