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 W81K0018Q0188 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 2005-98 and Defense Federal Acquisition Regulation Supplement Publication Notice (DPN) 20180629. This solicitation is for the Lease of a Hematology Analyzer with applicable reagents and maintenance services for the Department of Pathology, William Beaumont Army Medical Center, Fort Bliss, Texas. The period of performance is 01 October 2018 - 30 September 2019, plus 4 Option years. The associated North American Industrial Classification System (NAICS) code for this procurement is 532490, with a size standard of $32,500,000. This procurement is being conducted as a Full & Open Competition. All eligible businesses may submit an offer, which will be considered. Offers are due by 08 August 2018, at 10:00 AM, Central Standard Time. The point of contact is Abigail C. Mora at
contact@example.gov. Offers shall be submitted via e-mail. Questions shall be submitted via e-mail not later than 07 August 2018. No questions will be entertained after this date. ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0001 12 Months AMOUNT___________ HEMATOLOGY ANALYZER AND SERVICES FFP Non-Personal Services: Provide a Leased Hematology Analyzer Brand-name or equal to Horiba Micros 60 CT and all maintenance services (IAW) Performance Work Statement. Vendor is required to address all salient characteristics listed on ADDENDUM 52.212-2 and submit Capability Statement to be considered. FOB: Destination PURCHASE REQUEST NUMBER: 0011178361 PSC CD: W065 ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0002 4 Each AMOUNT___________ Provide Miniclean 1L, PN: B3166-32. Reagents will be ordered on as needed basis, numbers are based on estimated previous years. FOB: Destination PURCHASE REQUEST NUMBER: 0011178361 PSC CD: W065 ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0003 4 Each AMOUNT___________ MINIDIL LMG PN B3166-52 FFP Provide Minidil LMG Cubitainer 10LT, PN: B3166-52. Reagents will be ordered on as needed basis, numbers are based on estimated previous years. FOB: Destination PURCHASE REQUEST NUMBER: 0011178361 PSC CD: W065 ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0004 4 Each AMOUNT___________ MINOCLAIR BLEACH PN B3166-31 FFP Provide Minoclair Bleach Claeaner 500ML, PN: B3166-31. Reagents will be ordered on as needed basis, numbers are based on estimated previous years. FOB: Destination PURCHASE REQUEST NUMBER: 0011178361 PSC CD: W065 ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0005 10 Each AMOUNT___________ REAGENT ABX ALPHALYSE PN B3166-338 FFP Provide Reagent ABX Alphalyse 360ML, PN: B3166-338. Reagents will be ordered on as needed basis, numbers are based on estimated previous years. FOB: Destination PURCHASE REQUEST NUMBER: 0011178361 PSC CD: W065 ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0006 1 Each NSP Contractor Manpower Report FFP Upon award, proof of data and acceptance into the Contractor Reporting Application shall be provided to the Contracting Officer's Representative and Contract Administrator initially and annually by 31 October of each year in which services were provided during the previous fiscal year. FOB: Destination PSC CD: W065 ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 1001 12 Months AMOUNT___________ OPTION HEMATOLOGY ANALYZER AND SERVICES FFP Non-Personal Services: Provide a Leased Hematology Analyzer Brand Name or to equal Horiba Micros 60 CT and all maintenance services (IAW) Performance Work Statement. FOB: Destination PURCHASE REQUEST NUMBER: 0011178361 PSC CD: W065 ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 1002 4 Each AMOUNT___________ OPTION 1002 MINICLEAN 1L PN B3166-32 FFP Provide Miniclean 1L, PN: B3166-32. Reagents will be ordered on as needed basis, numbers are based on estimated previous years. FOB: Destination PURCHASE REQUEST NUMBER: 0011178361 PSC CD: W065 ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 1003 4 Each OPTION 1003 MINIDIL LMG PN B3166-52 FFP Provide Minidil LMG Cubitainer 10L, PN: B3166-52. Reagents will be ordered on as needed basis, numbers are based on estimated previous years. FOB: Destination PURCHASE REQUEST NUMBER: 0011178361 PSC CD: W065 ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 1004 4 Each OPTION 1004 MINOCALIR BLEACH PN B3166-31 FFP Provide Minoclair Bleach Cleaner 500ML, PN: B3166-31. Reagents will be ordered on as needed basis, numbers are based on estimated previous years. FOB: Destination PURCHASE REQUEST NUMBER: 0011178361 PSC CD: W065 ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 1005 10 Each OPTION 1005 REAGENT ABX ALPHALYSE PN B3166-338 FFP Provide Reagent ABX Alphalyse 360ML, PN: B3166-338. Reagents will be ordered on as needed basis, numbers are based on estimated previous years. FOB: Destination PURCHASE REQUEST NUMBER: 0011178361 PSC CD: W065 ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 1006 1 Each, NSP OPTION Contractor Manpower Report FFP Upon award, proof of data and acceptance into the Contractor Reporting Application shall be provided to the Contracting Officer's Representative and Contract Administrator initially and annually by 31 October of each year in which services were provided during the previous fiscal year. FOB: Destination PSC CD: W065 ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 2001 12 Months OPTION HEMATOLOGY ANALYZER AND SERVICES FFP Non-Personal Services: Provide a Leased Hematology Analyzer Brand Name or equal to Horiba Micros 60 CT and all maintenance services (IAW) Performance Work Statement. FOB: Destination PURCHASE REQUEST NUMBER: 0011178361 PSC CD: W065 ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 2002 4 Each OPTION 2002 MINICLEAN 1L PN B3166-32 FFP Provide Miniclean 1L, PN: B3166-32. Reagents will be ordered on as needed basis, numbers are based on estimated previous years. FOB: Destination PURCHASE REQUEST NUMBER: 0011178361 PSC CD: W065 ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 2003 4 Each OPTION 2003 MINIDIL LMG PN B3166-52 FFP Provide Minidil LMG Cubitainer 10L, PN: B3166-52. Reagents will be ordered on as needed basis, numbers are based on estimated previous years. FOB: Destination PURCHASE REQUEST NUMBER: 0011178361 PSC CD: W065 ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 2004 4 Each OPTION 2004 MINOCLAIR BLEACH PN B3166-31 FFP Provide Minoclair Bleach Cleaner 500ML, PN: B3166-31. Reagents will be ordered on as needed basis, numbers are based on estimated previous years. FOB: Destination PURCHASE REQUEST NUMBER: 0011178361 PSC CD: W065 ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 2005 10 Each OPTION 2005 REAGENT ABX ALPHALYSE PN B3166-338 FFP Provide Reagent ABX Alphalyse 360ML, PN: B3166-338. Reagents will be ordered on as needed basis, numbers are based on estimated previous years. FOB: Destination PURCHASE REQUEST NUMBER: 0011178361 PSC CD: W065 ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 2006 1 Each, NSP OPTION Contractor Manpower Report FFP Upon award, proof of data and acceptance into the Contractor Reporting Application shall be provided to the Contracting Officer's Representative and Contract Administrator initially and annually by 31 October of each year in which services were provided during the previous fiscal year. FOB: Destination PSC CD: W065 ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 3001 12 Months OPTION HEMATOLOGY ANALYZER AND SERVICES FFP Non-Personal Services: Provide a Leased Hematology Analyzer Brand Name or to equal Horiba Micros 60 CT and all maintenance services (IAW) Performance Work Statement. FOB: Destination PURCHASE REQUEST NUMBER: 0011178361 PSC CD: W065 ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 3002 4 Each OPTION 3002 MINICLEAN 1L PN B3166-32 FFP Provide Miniclean, 1L PN: B3166-32. Reagents will be ordered on as needed basis, numbers are based on estimated previous years. FOB: Destination PURCHASE REQUEST NUMBER: 0011178361 PSC CD: W065 ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 3003 4 Each OPTION 3003 MINIDIL LMG PN B3166-52 FFP Provide Minidil LMG Cubitainer 10L, PN: B3166-52. Reagents will be ordered on as needed basis, numbers are based on estimated previous years. FOB: Destination PURCHASE REQUEST NUMBER: 0011178361 PSC CD: W065 ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 3004 4 Each OPTION 3004 MINOCLAIR BLEACH PN B3166-31 FFP Provide Minoclair Bleach Cleaner 500ML, PN: B3166-31. Reagents will be ordered on as needed basis, numbers are based on estimated previous years. FOB: Destination PURCHASE REQUEST NUMBER: 0011178361 PSC CD: W065 ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 3005 10 Each OPTION 3005 REAGENT ABX ALPHALYSE PN B3166-338 FFP Provide Reagent ABX Alphalyse 360ML, PN: B3166-338. Reagents will be ordered on as needed basis, numbers are based on estimated previous years. FOB: Destination PURCHASE REQUEST NUMBER: 0011178361 PSC CD: W065 ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 3006 1 Each, NSP OPTION Contractor Manpower Report FFP Upon award, proof of data and acceptance into the Contractor Reporting Application shall be provided to the Contracting Officer's Representative and Contract Administrator initially and annually by 31 October of each year in which services were provided during the previous fiscal year. FOB: Destination PSC CD: W065 ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 4001 12 Months OPTION HEMATOLOGY ANALYZER AND SERVICES FFP Non-Personal Services: Provide a Leased Hematology Analyzer Brand Name or equal to Horiba Micros 60 CT and all maintenance services (IAW) Performance Work Statement. FOB: Destination PURCHASE REQUEST NUMBER: 0011178361 PSC CD: W065 ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 4002 4 Each OPTION 4002 MINICLEAN 1L PN B3166-32 FFP Provide Miniclean 1L, PN: B3166-32. Reagents will be ordered on as needed basis, numbers are based on estimated previous years. FOB: Destination PURCHASE REQUEST NUMBER: 0011178361 PSC CD: W065 ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 4003 4 Each OPTION 4003 MINIDIL LMG PN B3166-52 FFP Provide Minidil LMG Cubitainer 10L, PN: B3166-52. Reagents will be ordered on as needed basis, numbers are based on estimated previous years. FOB: Destination PURCHASE REQUEST NUMBER: 0011178361 PSC CD: W065 ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 4004 4 Each OPTION 4004 MINOCLAIR BLEACH PN B3166-31 FFP Provide Minoclair Bleach Cleaner 500ML, PN: B3166-31. Reagents will be ordered on as needed basis, numbers are based on estimated previous years. FOB: Destination PURCHASE REQUEST NUMBER: 0011178361 PSC CD: W065 ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 4005 10 Each OPTION 4005 REAGENT ABX ALPHALYSE PN B3166-338 FFP Provide Reagent ABX Alphalyse 360ML, PN: B3166-338. Reagents will be ordered on as needed basis, numbers are based on estimated previous years. FOB: Destination PURCHASE REQUEST NUMBER: 0011178361 PSC CD: W065 ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 4006 1 Each, NSP OPTION Contractor Manpower Report FFP Upon award, proof of data and acceptance into the Contractor Reporting Application shall be provided to the Contracting Officer's Representative and Contract Administrator initially and annually by 31 October of each year in which services were provided during the previous fiscal year. FOB: Destination PSC CD: W065 DELIVERY INFORMATION CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC / CAGE 0001 POP 01-OCT-2018 TO 30-SEP-2019 N/A WILLAIM BEAUMONT ARMY MEDICAL CENTER WILLAIM BEAUMONT ARMY MEDICAL CENTE 5005 NORTH [PIEDRAS EL PASO TEXAS TX 79920 FOB: Destination W45XTK 0002 POP 01-OCT-2018 TO 30-SEP-2019 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination W45XTK 0003 POP 01-OCT-2018 TO 30-SEP-2019 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination W45XTK 0004 POP 01-OCT-2018 TO 30-SEP-2019 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination W45XTK 0005 POP 01-OCT-2018 TO 30-SEP-2019 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination W45XTK 0006 31-OCT-2019 1 (SAME AS PREVIOUS LOCATION) FOB: Destination W45XTK 1001 POP 01-OCT-2019 TO 30-SEP-2020 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination W45XTK 1002 POP 01-OCT-2019 TO 30-SEP-2020 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination W45XTK 1003 POP 01-OCT-2019 TO 30-SEP-2020 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination W45XTK 1004 POP 01-OCT-2019 TO 30-SEP-2020 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination W45XTK 1005 POP 01-OCT-2019 TO 30-SEP-2020 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination W45XTK 1006 31-OCT-2020 1 (SAME AS PREVIOUS LOCATION) FOB: Destination W45XTK 2001 POP 01-OCT-2020 TO 30-SEP-2021 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination W45XTK 2002 POP 01-OCT-2020 TO 30-SEP-2021 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination W45XTK 2003 POP 01-OCT-2020 TO 30-SEP-2021 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination W45XTK 2004 POP 01-OCT-2020 TO 30-SEP-2021 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination W45XTK 2005 POP 01-OCT-2020 TO 30-SEP-2021 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination W45XTK 2006 31-OCT-2021 1 (SAME AS PREVIOUS LOCATION) FOB: Destination W45XTK 3001 POP 01-OCT-2021 TO 30-SEP-2022 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination W45XTK 3002 POP 01-OCT-2021 TO 30-SEP-2022 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination W45XTK 3003 POP 01-OCT-2021 TO 30-SEP-2022 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination W45XTK 3004 POP 01-OCT-2021 TO 30-SEP-2022 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination W45XTK 3005 POP 01-OCT-2021 TO 30-SEP-2022 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination W45XTK 3006 31-OCT-2022 1 (SAME AS PREVIOUS LOCATION) FOB: Destination W45XTK 4001 POP 01-OCT-2022 TO 30-SEP-2023 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination W45XTK 4002 POP 01-OCT-2022 TO 30-SEP-2023 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination W45XTK 4003 POP 01-OCT-2022 TO 30-SEP-2023 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination W45XTK 4004 POP 01-OCT-2022 TO 30-SEP-2023 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination W45XTK 4005 POP 01-OCT-2022 TO 30-SEP-2023 N/A (SAME AS PREVIOUS LOCATION) FOB: Destination W45XTK 4006 31-OCT-2023 1 (SAME AS PREVIOUS LOCATION) FOB: Destination W45XTK CLAUSES INCORPORATED BY REFERENCE 52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52-212-4 ADDENDUM (w) The non-FAR Part 12 discretionary FAR, DFARS, AFARS, and LOCAL clauses included herein are incorporated into this contract either by reference or in full text. If incorporated by reference, see clause 52.252-2 herein for locations where full text can be found. (End of Addendum) 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 2016 Subcontract Awards 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-50 Combating Trafficking in Persons MAR 2015 52.223-18 Encouraging Contractor Policies To Ban Text Messaging 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 JUL 2013 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 252.204-7000 Disclosure Of Information OCT 2016 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 JUN 2012 Reports 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 before contract expires). (End of clause) 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months. (End of clause) 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (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, (X) is not a small business concern under NAICS Code 532490- assigned to contract number W81K00-18-Q-0188. (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): http:farsite.hill.af.mil/ (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 aspractical, 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...