Hematology Analyzers and Reagents

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 and FAR Part 13 Simplified Acquisition Procedures, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The solicitation number is W81K00-19-Q-0284 and is issued as a Request for Quote (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2019-05 and Defense Federal Acquisition Regulation Supplement Publication Notice (DPN) 20190809. This solicitation is for Hematology Analyzers and Reagents for the Blood Donation Center, William Beaumont Army Medical Center (WBAMC), Fort Bliss, Texas. The required period of performance is 1 Oct 2019 through 30 September 2020 plus 4 option years. The associated North American Industrial Classification System (NAICS) code for this procurement is 325413, with a size standard of 1,250. This procurement is full and open. All eligible businesses may submit an offer, which will be considered. Offers are due by 19 September 2019, at 11:00 AM, Central Standard Time. The point of contact is Mrs. Cathy Harris at (210) 221-43245 or contact@example.gov. Offers shall be submitted via e-mail. Questions shall be submitted via e-mail not later 18 Sept 2019. No questions will be entertained after this date. ITEM NO ITEM QUANTITY UNIT UNIT PRICE AMOUNT 0001 MINICLEAN PN B3166-32 PROVIDE HEMATOLOGY ANALYZER AND ALL CONSUMABLES, EXPENDABLES, REAGENTS AND ANYTHING REQUIRED FOR COMPLETE MAINTENANCE AND SERVICES.CONTRACTOR WILL PROVIDE ALL REPAIRS, MAINTENANCE, TRANSPORTATION, INSTALLATION, CALIBRATION, VALIDATION, CORRELATION AND TRAINING FOR THE GOVERNMENT PERSONNEL. ITEMS WILL BE ORDERED ON AN AS NEEDED. Bidder must comply with Addendum 52.212-2 to be considered 10 Each 0002 MINIDIL PN B3166-52 ITEMS WILL BE ORDERED ON AN AS NEEDED 10 Each 0003 MONOCLEAR BLEACH PN B3166-31 ITEMS WILL BE ORDERED ON AN AS NEEDED 8 Each 0004 REAGENT ABX ALPHALISE PN B3166-338 ITEMS WILL BE ORDERED ON AN AS NEEDED 10 Each 0005 HEMATOLOGY ANALYZER MICROS 60 ITEMS WILL BE ORDERED ON AN AS NEEDED 12 Each 0006 MINOTROLCTL/DISK PN 5300100161 ITEMS WILL BE ORDERED ON AN AS NEEDED 12 Each 0007 MINOCAL CALIBRATOR PN 5300000276 ITEMS WILL BE ORDERED ON AN AS NEEDED 12 Each 1001 MINICLEAN PN B3166-32 ITEMS WILL BE ORDERED ON AN AS NEEDED 10 Each 1002 MINIDIL PN B3166-52 ITEMS WILL BE ORDERED ON AN AS NEEDED 10 Each 1003 MONOCLEAR BLEACH PN B3166-31 ITEMS WILL BE ORDERED ON AN AS NEEDED 8 Each 1004 REAGENT ABX ALPHALISE PN B3166-338 ITEMS WILL BE ORDERED ON AN AS NEEDED 10 Each 1005 HEMATOLOGY ANALYZER MICROS 60 ITEMS WILL BE ORDERED ON AN AS NEEDED 12 Each 1006 MINOTROLCTL/DISK PN 5300100161 ITEMS WILL BE ORDERED ON AN AS NEEDED 12 Each 1007 MINOCAL CALIBRATOR PN 5300000276 ITEMS WILL BE ORDERED ON AN AS NEEDED 12 Each 2001 MINICLEAN PN B3166-32 ITEMS WILL BE ORDERED ON AN AS NEEDED 10 Each 2002 MINIDIL PN B3166-52 ITEMS WILL BE ORDERED ON AN AS NEEDED 10 Each 2003 MONOCLEAR BLEACH PN B3166-31 ITEMS WILL BE ORDERED ON AN AS NEEDED 8 Each 2004 REAGENT ABX ALPHALISE PN B3166-338 ITEMS WILL BE ORDERED ON AN AS NEEDED 10 Each 2005 HEMATOLOGY ANALYZER MICROS 60 ITEMS WILL BE ORDERED ON AN AS NEEDED 12 Each 2006 MINOTROLCTL/DISK PN 5300100161 ITEMS WILL BE ORDERED ON AN AS NEEDED 12 Each 2007 MINOCAL CALIBRATOR PN 5300000276 ITEMS WILL BE ORDERED ON AN AS NEEDED 12 Each 3001 MINICLEAN PN B3166-32 ITEMS WILL BE ORDERED ON AN AS NEEDED 10 Each 3002 MINIDIL PN B3166-52 ITEMS WILL BE ORDERED ON AN AS NEEDED 10 Each 3003 MONOCLEAR BLEACH PN B3166-31 ITEMS WILL BE ORDERED ON AN AS NEEDED 8 Each 3004 REAGENT ABX ALPHALISE PN B3166-338 ITEMS WILL BE ORDERED ON AN AS NEEDED 10 Each 3005 HEMATOLOGY ANALYZER MICROS 60 ITEMS WILL BE ORDERED ON AN AS NEEDED 12 Each 3006 MINOTROLCTL/DISK PN 5300100161 ITEMS WILL BE ORDERED ON AN AS NEEDED 12 Each 3007 MINOCAL CALIBRATOR PN 5300000276 ITEMS WILL BE ORDERED ON AN AS NEEDED 12 Each 4001 MINICLEAN PN B3166-32 ITEMS WILL BE ORDERED ON AN AS NEEDED 10 Each 4002 MINIDIL PN B3166-52 ITEMS WILL BE ORDERED ON AN AS NEEDED 10 Each 4003 MONOCLEAR BLEACH PN B3166-31 ITEMS WILL BE ORDERED ON AN AS NEEDED 8 Each 4004 REAGENT ABX ALPHALISE PN B3166-338 ITEMS WILL BE ORDERED ON AN AS NEEDED 10 Each 4005 HEMATOLOGY ANALYZER MICROS 60 ITEMS WILL BE ORDERED ON AN AS NEEDED 12 Each 4006 MINOTROLCTL/DISK PN 5300100161 ITEMS WILL BE ORDERED ON AN AS NEEDED 12 Each 4007 MINOCAL CALIBRATOR PN 5300000276 ITEMS WILL BE ORDERED ON AN AS NEEDED 12 Each DELIVERY INFORMATION CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC / CAGE 0001 POP 01-OCT-2019 TO 30-SEP-2020 N/A WILLIAM BEAUMONT ARMY MEDICAL CENTER WILLIAM BEAUMONT ARMY MEDICAL CENTE 5005 NORTH PIEDRAS EL PASO TEXAS TX 79920 FOB: Destination W45XTK 0002 POP 01-OCT-2019 TO 30-SEP-2020 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination W45XTK 0003 POP 01-OCT-2019 TO 30-SEP-2020 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination W45XTK 0004 POP 01-OCT-2019 TO 30-SEP-2020 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination W45XTK 0005 POP 01-OCT-2019 TO 30-SEP-2020 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination W45XTK 0006 POP 01-OCT-2019 TO 30-SEP-2020 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination W45XTK 0007 POP 01-OCT-2019 TO 30-SEP-2020 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination W45XTK 1001 POP 01-OCT-2020 TO 30-SEP-2021 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination W45XTK 1002 POP 01-OCT-2020 TO 30-SEP-2021 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination W45XTK 1003 POP 01-OCT-2020 TO 30-SEP-2021 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination W45XTK 1004 POP 01-OCT-2020 TO 30-SEP-2021 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination W45XTK 1005 POP 01-OCT-2020 TO 30-SEP-2021 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination W45XTK 1006 POP 01-OCT-2020 TO 30-SEP-2021 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination W45XTK 1007 POP 01-OCT-2020 TO 30-SEP-2021 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination W45XTK 2001 POP 01-OCT-2021 TO 30-SEP-2022 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination W45XTK 2002 POP 01-OCT-2021 TO 30-SEP-2022 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination W45XTK 2003 POP 01-OCT-2021 TO 30-SEP-2022 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination W45XTK 2004 POP 01-OCT-2021 TO 30-SEP-2022 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination W45XTK 2005 POP 01-OCT-2021 TO 30-SEP-2022 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination W45XTK 2006 POP 01-OCT-2021 TO 30-SEP-2022 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination W45XTK 2007 POP 01-OCT-2021 TO 30-SEP-2022 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination W45XTK 3001 POP 01-OCT-2022 TO 30-SEP-2023 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination W45XTK 3002 POP 01-OCT-2022 TO 30-SEP-2023 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination W45XTK 3003 POP 01-OCT-2022 TO 30-SEP-2023 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination W45XTK 3004 POP 01-OCT-2022 TO 30-SEP-2023 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination W45XTK 3005 POP 01-OCT-2022 TO N/A (SAME AS PREVIOUS LOCATION) W45XTK 30-SEP-2023 FOB: Destination 3006 POP 01-OCT-2022 TO 30-SEP-2023 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination W45XTK 3007 POP 01-OCT-2022 TO 30-SEP-2023 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination W45XTK 4001 POP 01-OCT-2023 TO 30-SEP-2024 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination W45XTK 4002 POP 01-OCT-2023 TO 30-SEP-2024 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination W45XTK 4003 POP 01-OCT-2023 TO 30-SEP-2024 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination W45XTK 4004 POP 01-OCT-2023 TO 30-SEP-2024 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination W45XTK 4005 POP 01-OCT-2023 TO 30-SEP-2024 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination W45XTK 4006 POP 01-OCT-2023 TO 30-SEP-2024 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination W45XTK 4007 POP 01-OCT-2023 TO 30-SEP-2024 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination W45XTK CLAUSES INCORPORATED BY REFERENCE 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.212-4 ADDENDUM (w) The non-FAR Part 12 discretionary FAR and DFARS clauses included herein are incorporated into this contract either by reference or in full text. If incorporated by reference, see clause 52.252-2 herein for locations where full text can be found. CLAUSES INCORPORATED BY REFERENCE 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier OCT 2018 Subcontract Awards 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2018 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-50 Combating Trafficking in Persons JAN 2019 52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-18 Encouraging Contractor Policies To Ban Text Messaging AUG 2011 While Driving 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-18 Availability Of Funds APR 1984 52.232-33 Payment by Electronic Funds Transfer--System for Award OCT 2018 Management 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business DEC 2013 Subcontractors 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 252.203-7000 Requirements Relating to Compensation of Former DoD SEP 2011 Officials 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving DEC 2018 Reports 252.232-7006 Wide Area WorkFlow Payment Instructions 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) 52.217-7 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. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree. (End of clause) 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 Days (insert the period of time within which the Contracting Officer may exercise the option). (End of clause) 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 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 48 months. (End of clause) 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013) (a) Definitions. As used in this clause-- Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority. Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity. (b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following: (1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract. (2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract. (3) For long-term contracts-- (i) Within 60 to 120 days prior to the end of the fifth year of the contract; and (ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter. (c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards. (d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees. (e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update. (f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause. (g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed: The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code 325413- assigned to contract number TBD. (Contractor to sign and date and insert authorized signer's name and title). (End of clause) 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): https://www.acquisition.gov/ (End of clause) 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984) (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause. (b) The use in this solicitation or contract of any DoD FAR Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of clause) 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (OCT 2016) (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 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--Noncommercial Items, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code. (b) Adequate security. The Contractor shall provide adequate security on all covered contractor information systems. To provide adequate security, the Contractor shall implement, at a minimum, the following information security protections: (1) For covered contractor information systems that are part of an information technology (IT) service or system operated on behalf of the Government, the following security requirements apply: (i) Cloud computing services shall be subject to the security requirements specified in the clause 252.239-7010, Cloud Computing Services, of this contract. (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 contact@example.gov, 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 http://dibnet.dod.mil. (2) Cyber incident report. The cyber incident report shall be treated as information created by or for DoD and shall include, at a minimum, the required elements at http://dibnet.dod.mil. (3) Medium assurance certificate requirement. In order to report cyber incidents in accordance with this clause, the Contractor or subcontractor shall have or acquire a DoD-approved medium assurance certificate to report cyber incidents. For information on obtaining a DoD-approved medium assurance certificate, see http://iase.disa.mil/pki/eca/Pages/index.aspx. (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...