B.01_W91YTZ24R0029_Combined_Synopsis_Soliciation-Rev_9-4-2024.pdf

Document Type: Combined Solicitation/ Synopsis

Date: 29 July 2024

Subject: Allergen Extract Biological Products, Diluents, Diagnostic Testing

Antigens and Ancillary Supplies

Solicitation Number: W91YTZ24R0029

Response Date: 05 September 2024 at 12:00 PM EDT

Point of Contact: jessie.g.hart.civ@health.mil

Set-Aside: 100% small business set aside

Delivery Location: USACEL, Silver Spring, MD c/o KACC, Ft. Meade, MD

Delivery Date: 15 September 2024

NAICS Code: 325412 (Pharmaceutical Preparation Manufacturing) –

Size Standard: 1,300 Employees

Contracting Office Address

Department of the Army

US Army Medical Command

Army Health Contracting Activity

Medical Readiness Contracting Office - East

9275 Doerr Rd. Bldg. 1221

Fort Belvoir, VA 22060-5505

The Medical Readiness Contracting Office – East, Belvoir Health Contracting Branch intends to solicit, negotiate, and award a 48 month Indefinite Delivery Indefinite Quantity (IDIQ) contract for the United States Army

Centralized Allergen Extract Laboratory (USACAEL), Kimbrough Ambulatory Care Center (KACC), Fort Meade, MD to provide Allergen Extract Biological products, Diluents, Diagnostic Testing Antigens and Ancillary Supplies.

The Contractor shall provide supplies to include, but not limited to, all equipment, accessories, and installation and relocation removal associated with the Allergen Extract Biological products, Diluents, Diagnostic Testing Antigens and Ancillary Supplies. (See the listing of products and supplies below)

CLIN ANTIGEN QTY CC SIZE

0002 Alder, Red (A) 1:10 53 50

0003 Ash, White (A) 1:20 344 50

0004 Aspen (G) 1:20 9 10

0005 Bayberry/Wax M (A) 1:10 138 10

0006 Beech, American (G) 1:20 127 50

0007 Birch MX (RWB) (G) 1:20 474 50

0008 Box Elder (G) 1:20 286 50

0009 Cedar, MTN (G) 1:20 508 50

0010 Cedar, Red (G) 1:20 4 50

0011 Cedar, Salt (G) 1:20 9 50

0012 Cottonwood, CMN (G) 1:20 419 50

0013 Cypress, Bald (A) 1:40 50 50

0014 Elm, American (G) 1:20 316 50

0015 Elm, Siberian (G) 1:20 78 50

0016 Eucalyptus (A) 1:20 1 10

0017 Gum, Sweet (A) 1:10 418 10

0018 Hackberry (A) 1:10 82 50

0019 Hazelnut, American (A) 1:10 15 50

0020 Hickory, Shagbark (A) 1:10 70 50

0021 Mango Blossom (A) 1:20 94 10

0022 Maple, Red (A) 1:10 231 50

0023 Melaleuca (A) 1:20 86 10

0024 Mesquite (G) 1:20 235 50

0025 Mulberry, Red (G) 1:20 262 50

0026 Oak MX (BL, R,W) (G) 1:20 611 50

0027 Olive, European (A) 1:10 86 50

0028 Palm, Queen/COC (A) 1:10 148 10

0029 Pecan (A) 1:10 205 50

0030 Pepper Tree SP (A) 1:20 113 10

0031 Pine MX (W,Y,L) (A) 1:10 67 50

0032 Pine, Australian (A) 1:10 4 10

0033 Privet (G) 1:20 4 50

0034 Russian Olive (A) 1:20 1 50

0035 Sycamore, East (A) 1:10 231 50

0036 Walnut, Black (A) 1:10 189 50

0037 Willow, Black (A) 1:20 70 50

0038 Alfalfa (G) 1:50 133 10

0039 Bahia (G) 1:20 497 50

0040 Brome, Smooth (G) 1:20 14 50

0041 Corn (G) 1:20 4 50

0042 Johnson (G) 1:20 496 50

0043 Oats, Comm Cult (G) 1:20 4 50

0044 Cocklebur (G) 1:20 152 50

0045 Dock/Sorrel MX (G) 1:20 414 50

0046 Goldenrod (G) 1:20 4 50

0047 Kocha (A) 1:10 172 50

0048 Lambs Qtrs (G) 1:20 395 50

0049 Marshelder, RO (G) 1:20 238 50

0050 Nettle (A) 1:20 86 50

0051 Pigweed MX (CPR) (A) 1:20 345 50

0052 Plantain, ENG (A) 1:10 304 50

0053 Ragweed, False (G) 1:20 17 50

0054 Ragweed, Mix (G) 1:20 690 50

0055 Ragweed, West (G) 1:20 109 50

0056 Russian Thistle (G) 1:20 357 50

0057 Sage, Mugwort (G) 1:20 387 50

0058 Scale, Wing (A) 1:10 152 50

0059 Alternaria (G) 1:20 583 50

0060 Aspergillus FUM (G) 1:20 353 50

0061 Candida Albicans (G) 1:20 9 50

0062 Chaetomium (G) 1:20 141 10

0063 Dreshlera/Curvu (G) 1:40 264 50

0064 Epicoccum (G) 1:40 260 50

0065 Fusarium MX (G) 1:40 100 50

0066 Helmin/Bipolaris (G) 1:20 227 50

0067 Hormodendrum (G) 1:20 340 50

0068 Mucor MX (G) 1:20 194 10

0069 Penicillium Chryso (G) 1:20 270 50

0070 Phoma (G) 1:40 40 50

0071 Pullular/Aeroba (G) 1:40 42 50

0072 Rhzopus MX (G) 1:40 51 50

0073 Stemphyllium (G) 1:40 67 50

0074 Fire Ant, Invicta (G) 1:20 118 50

0075 Fire Ant, Richt (G) 1:20 106 50

0076 Cattle (A) 1:10 19 10

0077 Cockroach Mix (G) 1:20 332 50

0078 Cottonseed (G) 1:20 9 10

0079 Acacia Species (A) 1:20 27 50

0080 Feather MX (CDG) (A) 1:10 189 10

0081 Flaxseed (G) 1:40 9 10

0082 Gerbil Hair (G) 1:20 112 10

0083 Goat (G) 1:20 9 10

0084 Guinea Pig (G) 1:20 158 10

0085 Hamster Hair (G) 1:20 134 10

0086 Horse Hair (G) 1:20 324 10

0087 Mosquito, Aedes (A) 1:20 74 10

0088 Mouse (G) 1:20 176 10

0089 Rabbit (G) 1:20 164 10

0090 Rat (G) 1:20 126 10

0091 Smut, Grain MX (G) 1:40 9 10

0092 Almond 1:20 145 10

0093 Apple, Red 1:40 134 10

0094 Apricot 1:40 48 10

0095 Asparagus 1:20 9 10

0096 Avocado 1:20 116 10

0097 Banana 1:40 75 10

0098 Barley 1:20 74 10

0099 Bass 1:20 37 10

0100 Bay Leaf 1:20 48 10

0101 Bean, Green 1:20 69 10

0102 Bean, Pinto 1:20 1 10

0103 Beef 1:20 141 10

0104 Blueberry 1:20 48 10

0105 Brazil Nut 1:20 145 10

0106 Broccoli 1:20 48 10

0107 Buckwheat 1:20 52 10

0108 Cabbage 1:20 48 10

0109 Cantaloupe 1:20 137 10

0110 Carrot 1:40 135 10

0111 Cashew Nut 1:20 145 10

0112 Catfish 1:20 48 10

0113 Cauliflower 1:20 48 10

0114 Celery 1:40 135 10

0115 Cherry 1:20 24 10

0116 Chicken 1:20 140 10

0117 Chocolate 1:20 74 10

0118 Cinnamon 1:20 52 10

0119 Clam 1:20 147 10

0120 Coconut 1:20 70 10

0121 Codfish 1:20 147 10

0122 Coffee 1:20 29 10

0123 Corn 1:40 138 10

0124 Crab 1:20 147 10

0125 Cranberry 1:40 24 10

0126 Cucumber 1:40 36 10

0127 Egg, White 1:20 135 10

0128 Egg, Whole 1:20 135 10

0129 Egg, Yolk 1:20 126 10

0130 Flounder 1:20 50 10

0131 Garlic 1:20 59 10

0132 Ginger 1:20 48 10

0133 Grape, White 1:20 61 10

0134 Grapefruit 1:40 48 10

0135 Halibut 1:20 48 10

0136 Hazelnut 1:20 86 10

0137 Hops 1:20 67 10

0138 Lamb 1:20 48 10

0139 Lemon 1:40 48 10

0140 Lettuce 1:40 48 10

0141 Lobster 1:20 144 10

0142 Mackerel 1:20 36 10

0143 Malt 1:20 30 10

0144 Milk, Whole 1:20 145 10

0146 Mushroom 1:40 59 10

0147 Mustard 1:40 47 10

0148 Nutmeg 1:20 44 10

0149 Oats, Whole GR 1:20 133 10

0150 Olive, 1:20 48 10

0151 Onion 1:20 55 10

0152 Orange 1:20 78 10

0153 Oyster 1:20 75 10

0154 Pea, Green 1:20 82 10

0155 Peach 1:40 48 10

0156 Peanut 1:20 152 10

0157 Pear 1:40 48 10

0158 Pecan 1:20 142 10

0159 Pepper, Blk/Wht 1:20 61 10

0160 Pepper, Gr 1:40 47 10

0161 Perch 1:20 36 10

0162 Pineapple 1:20 48 10

0163 Pistachio 1:20 147 10

0164 Pork 1:20 140 10

0165 Potato, Sweet 1:20 42 10

0166 Potato, White 1:20 75 10

0167 Rice, Whole 1:20 144 10

0168 Rye 1:20 48 10

0169 Salmon 1:20 86 10

0170 Scallops 1:20 67 10

0171 Sesame 1:20 74 10

0172 Shrimp 1:20 148 10

0173 Soybean, Whole 1:40 147 10

0174 Spinach 1/100 42 10

0175 Squash 1:40 44 10

0176 Strawberry 1:40 140 10

0177 Tea 1:20 48 10

0178 Tomato 1:40 82 10

0179 Trout 1:20 48 10

0180 Tuna 1:20 145 10

0181 Turkey 1:20 67 10

0182 Vanilla 1:20 42 10

0183 Walnut, Blk 1:20 140 10

0184 Watermelon 1:20 70 10

0185 Wheat, Whole Gr 1:20 142 10

0186 Yeast Saccaromy 1:20 134 10

0187 Human Serum Yellow 9ML (10-20) 25 PK 4,277 EA

0188 Human Serum Blue 9ML (10-20) 25 PK 3,801 EA

0189 Human Serum Green 9ML (10-20) 25 PK 2,852 EA

0190 Human Serum Silver 9ML (10-20) 25 PK 4,277 EA

0191 H S Silver 1.8 ML (5-20) 25 PK 1,426 EA

0192 H S Silver 100ML (10-20) 25/12 PK 712 EA

0193 Phenol Saline 9ML (10-20) 25 PK 100 EA

0194 Phenol Saline 100 ML (10-20) 12 PK 40 EA

0195 50% Glycerosal 100 ML (10-20) 12 PK 168 EA

0196 Histamine Prick 6 MG/ML Base 5 ml 1,426 EA

0197 Histamine ID 0.1 MG/ML Base 5 ml 1,426 EA

0198 Sterile Empty (Capped) Silver 9ML (10-20) 25 PK 120 EA

0199 Sterile Empty (Capped) Red 9ML (10-20) 25 PK 7,127 EA

0200 Scratch Dropper 9ML Gross 144 Vials 357 EA

0201 Sterile Empty Silver (30-20) 10/PK 48 EA

0202 Sterile Empty Silver (50-20) 12 PK 95 EA

0203 Optimix Mixing 23G X ½” 1ML (1000/Case) 1,426 EA

0204 Red Vial Caps 25 PK 95 EA

0205 Yellow Vial Cap 25 PK 48 EA

0206 Green Vial Cap 25 PK 48 EA

0207 Blue Vial Cap 25 PK 48 EA

0208 Packing Supp Jiffy Bags #1 7X12 100/Case 832 EA

0209 Styrofoam Mailers 5 X 10 ml Vials Case 712 EA

0210 Box and Tray 100/Case 95 EA

0211 Empty Boxes 238 EA

0212 Grids 144 Slots 238 EA

0213 Skin Tester Omni Evaluation Package 4 EA

0214 Greerwells 24 Wells Per Pouch GW-2 4 EA

0215 Omni Skin Tester Tray (20 Well) OM303C 4 EA

0216 Omni Skin Tester Tray 10 Pack/Box OM203C 8 EA

0217 Greer Prick Tray Assembly (60 Well) GY-LD 8 EA

0218 Greer Pricks 50 Pouches/CA GP-1C 8 EA

0219 Bulk Versa Vial Rack VRB001 8 EA

0220 Antigen Bermudaa 10,000 K 747 50

0221 Antigen June, KY Blue 100,000 K 141 50

0222 Antigen Meadow Fescue 100,000 K 9 50

0223 Antigen Orchard 100,000 K 22 50

0224 Antigen Red Top 100,000 K 12 50

0225 Antigen Rye, Perennial 100,000 K 128 50

0226 Antigen Sweet Vernal 100,000 K 15 50

0227 Antigen Timothy 100,000 K 465 50

0228 Antigen Cat, Standard 10,000 K 2,419 50

0229 Antigen Mites, MX (5000) 10,000 K 1,578 50

0230 Antigen Mites, Farinae 10,000 K 394 50

0231 Antigen Mites, Pteronys 10,000 K 362 50

0232 Dog Epi/Mixed (A) 1:10 172 50

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart

12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This solicitation number

W91YTZ24R0029 is issued as a request for proposal (RFP). This is a 100% Small Business Set-Aside requirement.

The NAICS Code is 325412. The Small Business Size Standard is 1,300 employees.

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition

Circular 2020-06. Interested persons may identify their interest and capability to respond to the requirement and submit proposals. Provide your Company’s Dunn and Bradstreet number (DUNS); Unique Entity ID (UEI); tax ID number; and proposal for evaluation purposes.

All proposals received after the date of publication of this synopsis and prior to the closing date and time will be considered by the Government. Submit quotes via email ONLY to Jessie Hart at jessie.g.hart.civ@health.mil no later than 05 September 2024 @ 12:00 PM EST. No telephonic requests will be honored.

PLEASE NOTE: THIS IS AN ALL OR NOTHING CONTRACT. NO PARTIAL BIDDING WILL BE

ACCEPTED.

CLAUSES INCORPORATED BY REFERENCE

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

Commercial Services

NOV 2023

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$5,000.00 $6,654,039.56

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each

Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$5,000.00 $300,000.00

52.212-4 ADDENDUM

(w) The non-FAR Part 12 discretionary FAR, AFARS 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)

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984

52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(JUN 2020) -- Alternate I

NOV 2021

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

JAN 2017

52.204-4 Printed or Copied Double-Sided on Postconsumer 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

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

52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

OCT 2018

52.219-6 Notice Of Total Small Business Set-Aside NOV 2020

52.219-33 Nonmanufacturer Rule SEP 2021

52.222-3 Convict Labor JUN 2003

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

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

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

52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

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

52.242-13 Bankruptcy JUL 1995

52.246-16 Responsibility For Supplies APR 1984

252.201-7000 Contracting Officer's Representative DEC 1991

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

252.204-7000 Disclosure Of Information OCT 2016

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

252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023

252.205-7000 Provision Of Information To Cooperative Agreement Holders JUN 2023

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 JAN 2023

252.225-7012 Preference For Certain Domestic Commodities APR 2022

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

CLAUSES INCORPORATED BY FULL TEXT

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)

52.216-18 ORDERING. (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 15 September

2024 through 14 September 2028.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when--

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either--

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the

Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $5,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor -

(1) Any order for a single item in excess of $300,000.00;

(2) Any order for a combination of items in excess of $300,000.00 or

(3) A series of orders from the same ordering office within 60 days that together call for quantities exceeding the limitation in paragraph (b) (1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal

Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the

Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 2 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 INDEFINITE QUANTITY. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and

Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 15 September 2028.

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 jobs in the relevant marketplace; job 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 job functions means the fundamental job duties of the employment position an individual holds. A job 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 job 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 http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html

(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

Federal Acquisition Regulation (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 valued at or above the threshold specified in FAR 22.1303(a) on the date of subcontract award, 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 to identify properly the parties and their undertakings.

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 the threshold specified in Federal Acquisition Regulation (FAR) 22.1408(a) on the date of subcontract award, 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.

52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

Funds are not presently available for performance under this contract beyond 15 September 2028. The

Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the

Government for any payment may arise for performance under this contract beyond 15 September 2028, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

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):

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 Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT

REPORTING (JAN 2023)

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

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:

(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.

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

(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 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.

http://dx.doi.org/10.6028/NIST.SP.800-171 mailto:osd.dibcsia@mail.mil https://www.fedramp.gov/resources/documents/ http://dibnet.dod.mil/ http://dibnet.dod.mil/

(3) Medium assurance certificate requirement. In order to report cyber incidents in accordance with this clause, the

Contractor or subcontractor shall have or acquire a DoD-approved medium assurance certificate to report cyber incidents. For information on obtaining a DoD-approved medium assurance certificate, see 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 information systems identified in paragraph (c)(1)(i) of this clause and all relevant monitoring/packet capture data for at least 90 days from the submission of the cyber incident report to allow DoD to request the media or decline interest.

(f) Access to additional information or equipment necessary for forensic analysis. Upon request by DoD, the

Contractor shall provide DoD with access to additional information or equipment that is necessary to conduct a forensic analysis.

(g) Cyber incident damage assessment activities. If DoD elects to conduct a damage assessment, the Contracting

Officer will request that the Contractor provide all of the damage assessment information gathered in accordance with paragraph (e) of this clause.

(h) DoD safeguarding and use of contractor attributional/proprietary information. The Government shall protect against the unauthorized use or release of information obtained from the contractor (or derived from information obtained from the contractor) under this clause that includes contractor attributional/proprietary information, including such information submitted in accordance with paragraph (c). To the maximum extent practicable, the

Contractor shall identify and mark attributional/proprietary information. In making an authorized release of such information, the Government will implement appropriate procedures to minimize the contractor attributional/proprietary information that is included in such authorized release, seeking to include only that information that is necessary for the authorized purpose(s) for which the information is being released.

(i) Use and release of contractor attributional/proprietary information not created by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is not created by or for DoD is authorized to be released outside of DoD--

(1) To entities with missions that may be affected by such information;

(2) To entities that may be called upon to assist in the diagnosis, detection, or mitigation of cyber incidents;

(3) To Government entities that conduct counterintelligence or law enforcement investigations;

(4) For national security purposes, including cyber situational awareness and defense purposes (including with

Defense Industrial Base (DIB) participants in the program at 32 CFR part 236); or

(5) To a support services contractor (“recipient”) that is directly supporting Government activities under a contract that includes the clause at 252.204-7009, Limitations on the Use or Disclosure of Third-Party Contractor Reported

Cyber Incident Information.

(j) Use and release of contractor attributional/proprietary information created by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is created by or for DoD (including the information submitted pursuant to paragraph (c) of this clause) is authorized to be used and released outside of DoD for purposes and activities authorized by paragraph (i) of this clause, and for any other lawful Government purpose or activity, subject to all applicable statutory, regulatory, and policy based restrictions on the Government's use and release of such information.

https://public.cyber.mil/eca/

(k) The Contractor shall conduct activities under this clause in accordance with applicable laws and regulations on the interception, monitoring, access, use, and disclosure of electronic communications and data.

(l) Other safeguarding or reporting requirements. The safeguarding and cyber incident reporting required by this clause in no way abrogates the Contractor's responsibility for other safeguarding or cyber incident reporting pertaining to its unclassified information systems as required by other applicable clauses of this contract, or as a result of other applicable U.S. Government statutory or regulatory requirements.

(m) Subcontracts. The Contractor shall--

(1) Include this clause, including this paragraph (m), in subcontracts, or similar contractual instruments, for operationally critical support, or for which subcontract performance will involve covered defense information, including subcontracts for commercial products or commercial services, without alteration, except to identify the parties. The Contractor shall determine if the information required for subcontractor performance retains its identity as covered defense information and will require protection under this clause, and, if necessary, consult with the

Contracting Officer; and

(2) Require subcontractors to--

(i) Notify the prime Contractor (or next higher-tier subcontractor) when submitting a request to vary from a NIST

SP 800-171 security requirement to the Contracting Officer, in accordance with paragraph (b)(2)(ii)(B) of this clause; and

(ii) Provide the incident report number, automatically assigned by DoD, to the prime Contractor (or next higher-tier subcontractor) as soon as practicable, when reporting a cyber incident to DoD as required in paragraph (c) of this clause.

252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION SUPPORT

(JAN 2023)

Computer software means computer programs, source code, source code listings, object code listings, design details, algorithms, processes, flow charts, formulae, and related material that would enable the software to be reproduced, recreated, or recompiled. Computer software does not include computer data bases or computer software documentation.

Litigation support means administrative, technical, or professional services provided in support of the Government during or in anticipation of litigation.

Litigation support contractor means a contractor (including its experts, technical consultants, subcontractors, and suppliers) providing litigation support under a contract that contains the clause at 252.204-7014, Limitations on the

Use or Disclosure of Information by Litigation Support Contractors.

Sensitive information means controlled unclassified information…