B.01 Combined Synposis Solicitation.pdf

Solicitation: Solicitation Date: April 9, 2024 Description of Requirement:

Research Yorkshire Swine

Solicitation Number: W91YTZ-24-Q-0049 Proposal Due Date/Time:

April 30, 2024 at 12:00 PM Eastern Standard Time

Email address to submit Proposals:

valerie.j.deveaux.civ@health.mil sebrena.l.hackleylane.civ@health.mil

Set Aside: N/A Delivery: Department of Pathology, Fort Jackson, South Carolina Delivery Date: 20, 2024 NAICS Code:

Size Standard:

NAICS: 112210

Size Standard $4M

This is a solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemental with additional information included in this notice. This announcement constitutes the only solicitation, quotes 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 2023-02, DPN 20230301, and Class Deviation 2023-O0004. Interested persons may identify their interest and capability to respond to the requirement and submit quotes. Questions concerning this acquisition may be addressed to valerie.j.deveaux.civ@health.mil and sebrena.l.hackleylane.civ@health.mil no later than April 22, 2024, 12:00 PM Eastern Standard Time.

Only electronic questions will be accepted. Telephonic requests will not be honored.

The Medical Readiness Contracting Office-East, Eisenhower Health Contracting Branch intends to solicit, negotiate, and award a single Firm Fixed Price contract for Sleep System for Department of Medicine, Fort Gordon, GA.

a. Clause 52.212-4 Contract Terms and Conditions- Commercial Products and Commercial Services and Clause 52.212-5 Contract Terms and Conditions- Required to Implement Statues or Executive Orders- Commercial Products and Commercial Services (Deviation 2018-O0021) (MAR 2023), apply to this acquisition to include any applicable addenda.

Clauses and provisions throughout this solicitation can be viewed by accessing website www.acquisition.gov . All offerors are cautioned that if selected for award, they must be registered with 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.

Offerors shall include a complete copy of FAR provision 52.212-3 Alt 1, Offeror Representations and Certifications with their offer. FAR 52.204-24 “Representation Regarding Certain Telecommunications Video Surveillance Services or Equipment”, 52.204-26 “Covered Telecommunications Equipment or Services-Representation”, and 52.212-3 ALT I “Offeror Representations and Certifications – Commercial Products and Commercial Services”. All remaining fill-in clauses and provisions must be completed.

Vendors 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. Offerors should include a Point of

Contact Name, email address, and phone number. Quotes should be summited in accordance with FAR 52.212-1 and 52.212-2 of this solicitation.

PLEASE PROVIDE:

Company Name:

Address:

Phone Number:

Point of Contact:

E-mail:

Unique Entity ID Number:

Cage Code:

Signature Date

Page 3 of August 30, 2021

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 100 Each

Research Swine Crossbred Pig 30-40Kg

FFP

Contractor shall possess a USDA Class A/ B registration for providing laboratory Yorkshire Swine. Contactor shall provide Yorkshire or Yorkshire Cross Swine.

Ordering Period: 20 May 2024 - 19 May 2025 FOB: Destination

PURCHASE REQUEST NUMBER: 0011954498-0001

PSC CD: 8820

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 12 Each

Transportation/Delivery

FFP

Delivery shall be made based on the delivery instructions provided at the time each call for Research Swine is placed.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011954498-0001

PSC CD: 8820

NET AMT

Page 4 of August 30, 2021

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 24 Each

Certificate of Veteinary Inspection

FFP

Contractor shall conduct disease testing to ensure animals are free from host-specific protozoal, viral, and bacterial diseases, and negative breeding for Acute Malignant Hyperthermia (aka Porcine Stress Syndrome). Contractor shall deliver Yorkshire Swine of specified age or weight as requested.The typical weight range the DCI uses is 60-80 pounds. Certificate of Veterinary inspection required upon every delivery.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011954498-0001

PSC CD: 8820

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1001 100 Each OPTION Research Swine Pig 30-40Kg

FFP

Yorkshire Swine that meet the following requirements: Contractor shall possess a USDA Class A/ B registration for providing laboratory Yorkshire Swine. Contactor shall provide Yorkshire or Yorkshire Cross Swine. Contractor shall conduct disease testing to ensure animals are free from host-specific protozoal, viral, and bacterial diseases, and negative breeding for Acute Malignant Hyperthermia (aka Porcine Stress Syndrome). Contractor shall deliver Yorkshire Swine of specified age or weight as requested.The typical weight range the DCI uses is 60-80 pounds.

Certificate of Veterinary inspection required upon every delivery. Ordering Period: 20 May 2025 - 19 May 2026 FOB: Destination

PURCHASE REQUEST NUMBER: 0011954498-0001

Page 5 of August 30, 2021

1002 12 Each OPTION Transportation/Delivery

FFP

Delivery shall be made based on the delivery instructions provided at the time each call for Research Swine is placed.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011954498-0001

PSC CD: 8820

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1003 24 Each OPTION Certificate of Veteinary Inspection

FFP

Contractor shall conduct disease testing to ensure animals are free from host-specific protozoal, viral, and bacterial diseases, and negative breeding for Acute Malignant Hyperthermia (aka Porcine Stress Syndrome). Contractor shall deliver Yorkshire Swine of specified age or weight as requested.The typical weight range the DCI uses is 60-80 pounds. Certificate of Veterinary inspection required upon every delivery.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011954498-0001

Page 6 of August 30, 2021

2001 100 Each OPTION Research Swine Pig 30-40Kg

FFP

Yorkshire Swine that meet the following requirements: Contractor shall possess a USDA Class A/ B registration for providing laboratory Yorkshire Swine. Contactor shall provide Yorkshire or Yorkshire Cross Swine. Contractor shall conduct disease testing to ensure animals are free from host-specific protozoal, viral, and bacterial diseases, and negative breeding for Acute Malignant Hyperthermia (aka Porcine Stress Syndrome). Contractor shall deliver Yorkshire Swine of specified age or weight as requested.The typical weight range the DCI uses is 60-80 pounds.

Certificate of Veterinary inspection required upon every delivery. Ordering Period: 20 May 2026 - 19 May 2027 FOB: Destination

PURCHASE REQUEST NUMBER: 0011954498-0001

PSC CD: 8820

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2002 12 Each OPTION Transportation/Delivery

FFP

Delivery shall be made based on the delivery instructions provided at the time each call for Research Swine is placed.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011954498-0001

Page 7 of August 30, 2021

2003 24 Each OPTION Certificate of Veteinary Inspection

FFP

Contractor shall conduct disease testing to ensure animals are free from host-specific protozoal, viral, and bacterial diseases, and negative breeding for Acute Malignant Hyperthermia (aka Porcine Stress Syndrome). Contractor shall deliver Yorkshire Swine of specified age or weight as requested.The typical weight range the DCI uses is 60-80 pounds. Certificate of Veterinary inspection required upon every delivery.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011954498-0001

PSC CD: 8820

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3001 100 Each OPTION Research Swine Pig 30-40Kg

FFP

Yorkshire Swine that meet the following requirements: Contractor shall possess a USDA Class A/ B registration for providing laboratory Yorkshire Swine. Contactor shall provide Yorkshire or Yorkshire Cross Swine. Contractor shall conduct disease testing to ensure animals are free from host-specific protozoal, viral, and bacterial diseases, and negative breeding for Acute Malignant Hyperthermia (aka Porcine Stress Syndrome). Contractor shall deliver Yorkshire Swine of specified age or weight as requested.The typical weight range the DCI uses is 60-80 pounds.

Certificate of Veterinary inspection required upon every delivery. Ordering Period: 20 May 2027 - 19 May 2028 FOB: Destination

PURCHASE REQUEST NUMBER: 0011954498-0001

Page 8 of August 30, 2021

3002 12 Each OPTION Transportation/Delivery

FFP

Delivery shall be made based on the delivery instructions provided at the time each call for Research Swine is placed.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011954498-0001

PSC CD: 8820

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3003 24 Each OPTION Certificate of Veteinary Inspection

FFP

Contractor shall conduct disease testing to ensure animals are free from host-specific protozoal, viral, and bacterial diseases, and negative breeding for Acute Malignant Hyperthermia (aka Porcine Stress Syndrome). Contractor shall deliver Yorkshire Swine of specified age or weight as requested.The typical weight range the DCI uses is 60-80 pounds. Certificate of Veterinary inspection required upon every delivery.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011954498-0001

Page 9 of August 30, 2021

4001 100 Each OPTION Research Swine Pig 30-40Kg

FFP

Yorkshire Swine that meet the following requirements: Contractor shall possess a USDA Class A/ B registration for providing laboratory Yorkshire Swine. Contactor shall provide Yorkshire or Yorkshire Cross Swine. Contractor shall conduct disease testing to ensure animals are free from host-specific protozoal, viral, and bacterial diseases, and negative breeding for Acute Malignant Hyperthermia (aka Porcine Stress Syndrome). Contractor shall deliver Yorkshire Swine of specified age or weight as requested.The typical weight range the DCI uses is 60-80 pounds.

Certificate of Veterinary inspection required upon every delivery. Ordering Period: 20 May 2028 - 19 May 2029 FOB: Destination

PURCHASE REQUEST NUMBER: 0011954498-0001

PSC CD: 8820

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4002 12 Each OPTION Transportation/Delivery

FFP

Delivery shall be made based on the delivery instructions provided at the time each call for Research Swine is placed.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011954498-0001

Page 10 of August 30, 2021

4003 24 Each OPTION Certificate of Veteinary Inspection

FFP

Contractor shall conduct disease testing to ensure animals are free from host-specific protozoal, viral, and bacterial diseases, and negative breeding for Acute Malignant Hyperthermia (aka Porcine Stress Syndrome). Contractor shall deliver Yorkshire Swine of specified age or weight as requested.The typical weight range the DCI uses is 60-80 pounds. Certificate of Veterinary inspection required upon every delivery.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011954498-0001

PSC CD: 8820

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A DDEAMC

300 E HOSPITAL RD, BLDG 300

FORT GORDON, GA GA 30905

Government

0002 N/A N/A DDEAMC

300 E HOSPITAL RD, BLDG 300

FORT GORDON, GA GA 30905

Government

0003 N/A N/A DDEAMC

300 E HOSPITAL RD, BLDG 300

FORT GORDON, GA GA 30905

Government

1001 N/A N/A DDEAMC

300 E HOSPITAL RD, BLDG 300

FORT GORDON, GA GA 30905

Government

1002 N/A N/A DDEAMC

300 E HOSPITAL RD, BLDG 300

FORT GORDON, GA GA 30905

Government

1003 N/A N/A DDEAMC

300 E HOSPITAL RD, BLDG 300

FORT GORDON, GA GA 30905

Government

2001 N/A N/A DDEAMC

300 E HOSPITAL RD, BLDG 300

FORT GORDON, GA GA 30905

Government

2002 N/A N/A DDEAMC

300 E HOSPITAL RD, BLDG 300

FORT GORDON, GA GA 30905

Government

Page 11 of August 30, 2021

2003 N/A N/A DDEAMC

300 E HOSPITAL RD, BLDG 300

FORT GORDON, GA GA 30905

Government

3001 N/A N/A DDEAMC

300 E HOSPITAL RD, BLDG 300

FORT GORDON, GA GA 30905

Government

3002 N/A N/A DDEAMC

300 E HOSPITAL RD, BLDG 300

FORT GORDON, GA GA 30905

Government

3003 N/A N/A DDEAMC

300 E HOSPITAL RD, BLDG 300

FORT GORDON, GA GA 30905

Government

4001 N/A N/A DDEAMC

300 E HOSPITAL RD, BLDG 300

FORT GORDON, GA GA 30905

Government

4002 N/A N/A DDEAMC

300 E HOSPITAL RD, BLDG 300

FORT GORDON, GA GA 30905

Government

4003 N/A N/A DDEAMC

300 E HOSPITAL RD, BLDG 300

FORT GORDON, GA GA 30905

Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 19-MAY-2025 100 DDEAMC

EISENHOWER ARM MEDICAL CENTER

300 EAST HOSPITAL ROAD

FORT GORDON GA GA 30905

FOB: Destination

HT0862

0002 19-MAY-2025 12 (SAME AS PREVIOUS LOCATION)

FOB: Destination

HT0862

0003 12-MAY-2025 24 (SAME AS PREVIOUS LOCATION)

FOB: Destination

HT0862

1001 19-MAY-2026 100 (SAME AS PREVIOUS LOCATION)

FOB: Destination

HT0862

1002 19-MAY-2026 12 (SAME AS PREVIOUS LOCATION)

FOB: Destination

HT0862

1003 19-MAY-2026 24 (SAME AS PREVIOUS LOCATION)

FOB: Destination

HT0862

2001 19-MAY-2027 100 (SAME AS PREVIOUS LOCATION)

FOB: Destination

HT0862

Page 12 of August 30, 2021

2002 19-MAY-2027 12 (SAME AS PREVIOUS LOCATION)

2003 19-MAY-2027 24 (SAME AS PREVIOUS LOCATION)

3001 19-MAY-2028 100 (SAME AS PREVIOUS LOCATION)

3002 19-MAY-2028 12 (SAME AS PREVIOUS LOCATION)

3003 19-MAY-2028 24 (SAME AS PREVIOUS LOCATION)

4001 19-MAY-2029 100 (SAME AS PREVIOUS LOCATION)

4002 19-MAY-2029 12 (SAME AS PREVIOUS LOCATION)

4003 19-MAY-2029 24 (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

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

Commercial Services

NOV 2023

ADDENDUM 52.212-4

The following policy applies only if the contractor will be on the Government installation for more than thirty (30) days.

(v) Policy for Reporting Incidents of Sexual Assault and Sexual Harassment under the Sexual Assault Prevention and Response Program (SHARP).

The contractor shall comply with OTSG/MEDCOM Policy Memo 13-062, Policy for Reporting Incidents of Sexual Assault and Sexual Harassment under the Sexual Assault Prevention and Response Program (SHARP), 12 Nov 2013. The SHARP reporting requirements apply only to knowledge obtained by contractor personnel while performing services under this contract.

The contractor shall require all Contract Service Providers (CSP) with knowledge of an incident of sexual assault occurring on a Government facility, to include a Government leased facility, where the contractor is providing services under this contract, to report the incident to the contractor who shall immediately (within 24 hours) report the incident in writing to the government's COR. All incidents shall be reported whether they involve contractor personnel or Government personnel, or other individuals.

The contractor shall require all CSPs with knowledge of an incident of sexual harassment occurring on a Government facility, to include a Government leased facility, where the contractor is providing services under this contract, to report the incident to the contractor who shall immediately (within 24 hours) report the incident in writing to the government's COR. All incidents shall be reported whether they involve contractor personnel or Government personnel, or other individuals.

Page 13 of August 30, 2021

(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 for locations where full text can be found. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://acquisition.gov/far/index.html

(End of Addendum to 52.212-4)

CLAUSES INCORPORATED BY REFERENCE

52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

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

Services Developed or Provided by Kaspersky Lab Covered Entities

DEC 2023

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

NOV 2021

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.219-3 Notice of HUBZone Set-Aside or Sole-Source Award OCT 2022 52.222-19 Child Labor -- Cooperation with Authorities and Remedies FEB 2024 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-50 Combating Trafficking in Persons NOV 2021 52.223-3 Hazardous Material Identification And Material Safety Data FEB 2021 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 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 2023

252.225-7021 Trade Agreements--Basic FEB 2024 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.232-7011 Payments in Support of Emergencies and Contingency

Operations

MAY 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991

Page 14 of August 30, 2021

252.243-7002 Requests for Equitable Adjustment DEC 2022 252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

Page 15 of August 30, 2021

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

Page 16 of August 30, 2021

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

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--

Page 17 of August 30, 2021

(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)

52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days before contract expires. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

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 (insert the period of time within which the Contracting Officer may exercise the option); provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least days (60 days unless a different number of days is inserted) 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

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (FEB 2024)

(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

Page 18 of August 30, 2021 cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph

(d) of this clause.

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

CFR 121.103.

(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:

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

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

(3) For long-term contracts--

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

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

(c) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.

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

(e) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition--

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

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

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

(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph (b) and (c) of this clause by validating or updating all its representations in the Representations and

Page 19 of August 30, 2021

Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.

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

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

(1) The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code 112210 assigned to contract number .

(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1001.

(3) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a women-owned small business concern.

(4) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The Contractor represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: .]

(5) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The Contractor represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: .]

(6) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a veteran-owned small business concern.

(7) [Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.] The Contractor represents that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.

(8) Service-disabled veteran-owned small business (SDVOSB) joint venture eligible under the SDVOSB Program.

The Contractor represents that it [ ] is, [ ] is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: .]

(9) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that--

(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The Contractor shall enter the names of each of the HUBZone small

Page 20 of August 30, 2021 business concerns participating in the HUBZone joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

[Contractor to sign and date and insert authorized signer's name and title.]

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

http://www.acquisition.gov

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

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

(b) The use in this solicitation or contract of any DoD FAR Supplement (48 CFR 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 (JAN 2023)

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

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

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

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

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

Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F

Page 21 of August 30, 2021 using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.

Covered contractor information system means an unclassified information system that is owned, or operated by or for, a contractor and that processes, stores, or transmits covered defense information.

Covered defense information means unclassified controlled technical information or other information, as described in the Controlled Unclassified Information (CUI) Registry at http://www.archives.gov/cui/registry/category-list.html, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies, and is--

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

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

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

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

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

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

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

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

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

Technical information means technical data or computer software, as those terms are defined in the clause at DFARS 252.227-7013, Rights in Technical Data--Other Than Commercial Products and Commercial Services, 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:

Page 22 of August 30, 2021

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

(ii) Any other such IT service or system (i.e., other than cloud computing) shall be subject to the security requirements specified elsewhere in this contract.

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

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

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

(B) The Contractor shall submit requests to vary from NIST SP 800-171 in writing to the Contracting Officer, for consideration by the DoD CIO. The Contractor need not implement any security requirement adjudicated by an authorized representative of the DoD CIO to be nonapplicable or to have an alternative, but equally effective, security measure that may be implemented in its place.

(C) If the DoD CIO has previously adjudicated the contractor's requests indicating that a requirement is not applicable or that an alternative security measure is equally effective, a copy of that approval shall be provided to the Contracting Officer when requesting its recognition under this contract.

(D) If the Contractor intends to use an external cloud service provider to store, process, or transmit any covered defense information in performance of this contract, the Contractor shall require and ensure that the cloud service provider meets security requirements equivalent to those established by the Government for the Federal Risk and Authorization Management Program (FedRAMP) Moderate baseline (https://www.fedramp.gov/resources/documents/) and that the cloud service provider complies with requirements in paragraphs (c) through (g) of this clause for cyber incident reporting, malicious software, media preservation and protection, access to additional information and equipment necessary for forensic analysis, and cyber incident damage assessment.

(3) Apply other information systems security measures when the Contractor reasonably determines that information systems security measures, in addition to those identified in paragraphs (b)(1) and (2) of this clause, may be required to provide adequate security in a dynamic environment or to accommodate special circumstances (e.g., medical devices) and any individual, isolated, or temporary deficiencies based on an assessed risk or vulnerability. These measures may be addressed in a system security plan.

(c) Cyber incident reporting requirement.

(1) When the Contractor discovers a cyber incident that affects a covered contractor information system or the covered defense information residing therein, or that affects the contractor's ability to perform the requirements of the contract that are designated as operationally critical support and identified in the contract, the Contractor shall--

(i) Conduct a review for evidence of compromise of covered defense information, including, but not limited to, identifying compromised computers, servers, specific data, and user accounts. This review shall also include analyzing covered contractor information system(s) that were part of the cyber incident, as well as other information systems on the Contractor's network(s), that may have been accessed as a result of the incident in order to identify

Page 23 of August 30, 2021 compromised covered defense information, or that affect the Contractor's ability to provide operationally critical support; and

(ii) Rapidly report cyber incidents to DoD at https://dibnet.dod.mil.

(2) Cyber incident report. The cyber incident report shall be treated as information created by or for DoD and shall include, at a minimum, the required elements at https://dibnet.dod.mil.

(3) Medium assurance certificate requirement. In order to report cyber incidents in accordance with this clause, the Contractor or subcontractor shall have or acquire a DoD-approved medium assurance certificate to report cyber incidents. For information on obtaining a DoD-approved medium assurance certificate, see https://public.cyber.mil/eca/.

(d) Malicious software. When the Contractor or subcontractors discover and isolate malicious software in connection with a reported cyber incident, submit the malicious software to DoD Cyber Crime Center (DC3) in accordance with instructions provided by DC3 or the Contracting Officer. Do not send the malicious software to the Contracting Officer.

(e) Media preservation and protection. When a Contractor discovers a cyber incident has occurred, the Contractor shall preserve and protect images of all known affected…