Doctor of Science in Physician Assistant Studies with a Major in Emergency Medicine (DScPAS-EM) Affiliation Services in Support of the U.S. Army Medical Command
Combined Synopsis/Solicitation IAW FAR Subpart 12.6
Doctor of Science in Physician Assistant Studies with a Major in Emergency Medicine (DScPAS-EM) Affiliation Services in Support of the U.S. Army Medical Command
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in the Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.
The solicitation number is W81K04-18-Q-0001 and is issued as a request for quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-97 and Defense Federal Acquisition Regulation Supplement Publication Notice 20171228.
The North American Industrial Classification System (NAICS) is 611310, Colleges, Universities, and Professional Schools. The small business size standard is $27,500,000.00. This procurement is Full and Open Competition.
DESCRIPTION OF REQUIREMENT: The U.S. Army Medical Department Center and School (AMEDDC&S), Health Readiness Center of Excellence (HRCoE) requires non-severable, non-personal services of an accredited university to provide university affiliation services for program coordination and administrative support services necessary to award a Degree of Doctor of Science in Physician Assistant Studies with a Major in Emergency Medicine (DScPAS-EM) degree to students who successfully complete the DScPAS-EM Residency. This requirement is in support of the US Army Military Graduate Program. The Army Medical Specialist Corps and Graduate School, AMEDDC&S HRCoE, represented by the Army Physician Assistant Graduate Education Manager (GEM), with assistance from the Emergency Medicine Physician Assistant Residencies Program Manager, will oversee the postgraduate Emergency Medicine Physician Assistant (EMPA) education program. Graduates of the EMPA Residency Program will be trained to provide quality emergency care for patients with a wide variety of illnesses and injuries in the emergency department and on the field of battle. To meet this need, the HRCO intends to award an Indefinite Delivery, Indefinite Quantity contract for the services of an accredited college/university competent in the management of technical, educational, and administrative aspects of hosting an off-site doctoral program. The Government shall not exercise any supervision or control over the contract service providers (CSPs) performing the services. Such CSPs shall be accountable solely to the contractor who, in turn is responsible to the government. The contractor shall provide university affiliation services as described in the PWS, including all related travel, materials, supplies and facilities, and award the degree of DScPAS-EM to PAs who complete a specified program of instruction. The total length of the degree program is 18 months and is composed of four semesters with didactics, clinical and research curricula in each semester. It is anticipated that the resultant contract will have a five year ordering period from 01 July 2018 - 30 June 2023 and will include FAR Clause 52.217-8, Option to Extend Services through 31 December 2023 if FAR Clause 52.217-8 is exercised.
Telephone or written requests for the solicitation will not be accepted. Responses must be submitted though electronic mail and must be received by the Government prior to the closing date and time included in the solicitation. The points of contact for this requirement are Miranda N. Buntyn, Contract Specialist, phone (210) 221-4226, fax (210) 221-5402, email: miranda.n.buntyn.civ@mail.mil and Yesenia C. Rodriguez, Contracting Officer, phone (210) 221-4179, fax (210) 221-5402, email yesenia.c.rodriguez2.civ@mail.mil. Please direct any questions to the contract specialist and the contracting officer for this action
QUESTIONS CONCERNING THE SOLICITATION: Interested parties shall submit any questions concerning this solicitation no later than 12:00 PM Central Time on Friday, May 4, 2018 for the Government's consideration. Those questions not received within the prescribed date may not be considered. All questions must be submitted in writing to the following e-mail addresses: yesenia.c.rodriguez2.civ@mail.mil and miranda.n.buntyn.civ@mail.mil.
SOLICITATION RESPONSES: Quotes shall be fully executed and returned by the time specified below. Electronic submission via e-mail is required. Only emailed quotes received directly from the quoter are acceptable. Quotes shall be submitted by email to Yesenia C. Rodriguez, Contracting Officer at yesenia.c.rodriguez2.civ@mail.mil and Miranda N. Buntyn, Contract Specialist at miranda.n.buntyn.civ@mail.mil no later than 12:00 PM Central Time on Tuesday, June 5, 2018. All quotes received after this due date and time may be considered late in accordance with FAR 52.212-1(f).
Contract Line Items Numbers (CLINs):
CLIN Description Unit of Issue Qty Line Item Cost Total Amount
0001 DScPAS-EM POST AWARD CONFERENCE Each 1 $ $
FFP
The contractor shall attend a post award conference convened by the contracting activity or contract administration office in accordance with PWS Paragraph 1.9.
Note: CLIN 0001 DScPAS-EM Post Award Conference is calculated by the Government at $1,500.00 and therefore quoters shall annotate CLIN 0001 DScPAS-EM Post Award Conference as "Not Separately Priced" on their quote.
IDIQ Contract Ordering Period: 01 July 2018 through 30 June 2023; and 31 December 2023 if FAR Clause 52.217-8 is exercised.
Date of Post Award Conference: 02 July 2018
FOB: Destination
PSC CD: U010
0002 DScPAS-EM CUR REVIEW & CLASS PREP FY19 Each 1 $ $
FFP
Reviewing and accepting the curriculum and educational objectives forwarded by the Government, the curriculum will be provided to the contractor who shall provide input/feedback, if any, to the government no later than 10 days after receipt of the curriculum and educational objectives.. PWS Para 4.2.5
IDIQ Contract Ordering Period: 01 July 2018 through 30 June 2023; and 31 December 2023 if FAR Clause 52.217-8 is exercised.
Task Order Period of Performance: 01 May 2019 - 31 January 2021
Curriculum Review Period of Performance: 01 May 2019 - 31 May 2019
FOB: Destination
PSC CD: U010
0003 DScPAS-EM UNIVERSITY AFFILIATION FY19 Each 20 $ $
FFP
The contractor shall provide non-personal, non-severable services, materials, and qualified personnel necessary to award graduate credits and the Doctor of Science in Physician Assistant Studies with a Major in Emergency Medicine in accordance with the PWS, specifically Para 1.2, Sections 4 & 5.
IDIQ Contract Ordering Period: 01 July 2018 through 30 June 2023; and 31 December 2023 if FAR Clause 52.217-8 is exercised.
Task Order Period of Performance: 01 May 2019 - 31 January 2021
FY19 Class Duration: 1 June 2019 - 31 December 2020
FOB: Destination
PSC CD: U010
0004 DScPAS-EM CUR REVIEW & CLASS PREP FY20 Each 1 $ $
FFP
Reviewing and accepting the curriculum and educational objectives forwarded by the Government, the curriculum will be provided to the contractor who shall provide input/feedback, if any, to the government no later than 10 days after receipt of the curriculum and educational objectives. PWS Para 4.2.5
IDIQ Contract Ordering Period: 01 July 2018 through 30 June 2023; and 31 December 2023 if FAR Clause 52.217-8 is exercised.
Task Order Period of Performance: 01 May 2020 - 31 January 2022
Curriculum Review Period of Performance: 01 May 2020 - 31 May 2020
FOB: Destination
PSC CD: U010
0005 DScPAS-EM UNIVERSITY AFFILIATION FY20 Each 20 $ $
FFP
The contractor shall provide non-personal, non-severable services, materials, and qualified personnel necessary to award graduate credits and the Doctor of Science in Physician Assistant Studies with a Major in Emergency Medicine in accordance with the PWS, specifically Para 1.2, Sections 4 & 5.
IDIQ Contract Ordering Period: 01 July 2018 through 30 June 2023; and 31 December 2023 if FAR Clause 52.217-8 is exercised.
Task Order Period of Performance: 01 May 2020 - 31 January 2022
FY20 Class Duration: 1 June 2020 - 31 December 2021
FOB: Destination
PSC CD: U010
0006 DScPAS-EM CUR REVIEW & CLASS PREP FY21 Each 1 $ $
FFP
Reviewing and accepting the curriculum and educational objectives forwarded by the Government, the curriculum will be provided to the contractor who shall provide input/feedback, if any, to the government no later than 10 days after receipt of the curriculum and educational objectives. PWS Para 4.2.5
IDIQ Contract Ordering Period: 01 July 2018 through 30 June 2023; and 31 December 2023 if FAR Clause 52.217-8 is exercised.
Task Order Period of Performance: 01 May 2021 - 31 January 2023
Curriculum Review Period of Performance: 01 May 2021 - 31 May 2021
FOB: Destination
PSC CD: U010
0007 DScPAS-EM UNIVERSITY AFFILIATION FY21 Each 20 $ $
FFP
The contractor shall provide non-personal, non-severable services, materials, and qualified personnel necessary to award graduate credits and the Doctor of Science in Physician Assistant Studies with a Major in Emergency Medicine in accordance with the PWS, specifically Para 1.2, Sections 4 & 5.
IDIQ Contract Ordering Period: 01 July 2018 through 30 June 2023; and 31 December 2023 if FAR Clause 52.217-8 is exercised.
Task Order Period of Performance: 01 May 2021 - 31 January 2023
FY21 Class Duration: 1 June 2021 - 31 December 2022
FOB: Destination
PSC CD: U010
0008 DScPAS-EM CUR REVIEW & CLASS PREP FY22 Each 1 $ $
FFP
Reviewing and accepting the curriculum and educational objectives forwarded by the Government, the curriculum will be provided to the contractor who shall provide input/feedback, if any, to the government no later than 10 days after receipt of the curriculum and educational objectives. PWS Para 4.2.5
IDIQ Contract Ordering Period: 01 July 2018 through 30 June 2023; and 31 December 2023 if FAR Clause 52.217-8 is exercised.
Task Order Period of Performance: 01 May 2022 - 31 January 2024
Curriculum Review Period of Performance: 01 May 2022 - 31 May 2022
FOB: Destination
PSC CD: U010
0009 DScPAS-EM UNIVERSITY AFFILIATION FY22 Each 20 $ $
FFP
The contractor shall provide non-personal, non-severable services, materials, and qualified personnel necessary to award graduate credits and the Doctor of Science in Physician Assistant Studies with a Major in Emergency Medicine in accordance with the PWS, specifically Para 1.2, Sections 4 & 5.
IDIQ Contract Ordering Period: 01 July 2018 through 30 June 2023; and 31 December 2023 if FAR Clause 52.217-8 is exercised.
Task Order Period of Performance: 01 May 2022 - 31 January 2024
FY22 Class Duration: 1 June 2022 - 31 December 2023
FOB: Destination
PSC CD: U010
0010 DScPAS-EM CUR REVIEW & CLASS PREP FY23 Each 1 $ $
FFP
Reviewing and accepting the curriculum and educational objectives forwarded by the Government, the curriculum will be provided to the contractor who shall provide input/feedback, if any, to the government no later than 10 days after receipt of the curriculum and educational objectives. PWS Para 4.2.5
IDIQ Contract Ordering Period: 01 July 2018 through 30 June 2023; and 31 December 2023 if FAR Clause 52.217-8 is exercised.
Task Order Period of Performance: 01 May 2023 - 31 January 2025
Curriculum Review Period of Performance: 01 May 2023 - 31 May 2023
FOB: Destination
PSC CD: U010
0011 DScPAS-EM UNIVERSITY AFFILIATION FY23 Each 20 $ $
FFP
The contractor shall provide non-personal, non-severable services, materials, and qualified personnel necessary to award graduate credits and the Doctor of Science in Physician Assistant Studies with a Major in Emergency Medicine in accordance with the PWS, specifically Para 1.2, Sections 4 & 5.
IDIQ Contract Ordering Period: 01 July 2018 through 30 June 2023; and 31 December 2023 if FAR Clause 52.217-8 is exercised.
Task Order Period of Performance: 01 May 2023 - 31 January 2025
FY23 Class Duration: 1 June 2023 - 31 December 2024
FOB: Destination
PSC CD: U010
0012 CONTRACT MANPOWER REPORTING Each 7 $ $
FFP
The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/. Reporting inputs will be for the labor executed during the period of performance during each USG fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year.
IDIQ Contract Ordering Period: 01 July 2018 through 30 June 2023
Reporting Period #1: 01 July 2018 through 30 September 2018
Report #1 Due: NLT 31 October 2018
Reporting Period #2: 01 October 2018 through 30 September 2019
Report #2 Due: NLT 31 October 2019
Reporting Period #3: 01 October 2019 through 30 September 2020
Report #3 Due: NLT 31 October 2020
Reporting Period #4: 01 October 2020 through 30 September 2021
Report #4 Due: NLT 31 October 2021
Reporting Period #5: 01 October 2021 through 30 September 2022
Report #5 Due: NLT 31 October 2022
Reporting Period #6: 01 October 2022 through 30 September 2023
Report #6 Due: NLT 31 October 2023
Reporting Period #7: 01 October 2023 through 30 January 2024
Report #7 Due: NLT 31 October 2024
Reporting Period #8: 01 October 2024 through 30 September 2025
Report #8 Due: NLT 31 October 2025
FOB: Destination
PSC CD: U010
The provision at FAR 52.212-1, Instructions to Offerors -- Commercial, applies to this acquisition. See this FAR provision and the ADDENDUM TO FAR 52.212-1 for requirements regarding preparation of quotes included in this solicitation below.
The provision at FAR 52.212-2, Evaluation -- Commercial Items is applicable to this requirement. See this FAR provision and the ADDENDUM TO FAR 52.212-2 for evaluation criteria and procedures to be used included in this solicitation below.
All quoters shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items, with its quote. See this FAR provision included in this solicitation below.
The clause at FAR 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition. See this FAR clause and the ADDENDUM TO 52.212-4 included below.
The clause at FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items, applies to this acquisition. See this FAR clause below and all additional FAR clauses cited within this clause that are applicable to the acquisition included in this solicitation below.
Additional contract requirements and terms and conditions determined by the contracting officer to be necessary for this acquisition and consistent with customary commercial practices have been included in the solicitation below.
The Defense Priorities and Allocations System (DPAS) is not applicable to this requirement.
ADDITIONAL CONTRACT REQUIREMENTS AND TERMS AND CONDITIONS FOR THIS ACQUISITION: The following information is additional contract requirements and terms and conditions determined by the contracting officer to be necessary for this acquisition and consistent with customary commercial practices. This information to include the clauses incorporated by reference and full text will be included in the resultant contract. Solicitation provisions apply only to the solicitation and will not be included in the resultant contract.
ORDERING PERIOD
01 July 2018 through 30 June 2023; and 31 December 2023 if FAR Clause 52.217-8 is exercised.
MINIMUM/MAXIMUM
The minimum guaranteed amount is $1,500.00 and the maximum amount is 120 students and applies to the full duration of the contract.
SCHEDULE ORDERING
Orders may be placed by any warranted contracting officer serving in the Health Readiness Contracting Office (HRCO) or a Department of Defense (DoD) Contracting Office which has been delegated Ordering Authority by a HRCO contracting officer.
CLAUSES INCORPORATED BY REFERENCE
52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017
ADDENDUM TO 52.212-4
Paragraph 52.212-4(c) is replaced by:
Changes in the terms and conditions of this contract may be made only by written agreement of the parties. However, any administrative changes such as change of the finance office, typographical or grammatical errors, deobligation of excess funds necessary for task order and contract closeout, and the option to extend the term of the contract, may be changed unilaterally by the Government provided that such exercise is in accordance with the terms and conditions of the contract.
Paragraph 52.212-4(w) is hereby added:
(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 Clause)
CLAUSES INCORPORATED BY REFERENCE
52.203-3 Gratuities APR 1984
52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006
52.203-6 Alt I Restrictions On Subcontractor Sales To The Government (Sep 2006) -- Alternate I OCT 1995
52.203-12 Limitation On Payments To Influence Certain Federal Transactions OCT 2010
52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights APR 2014
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 OCT 2016
52.204-16 Commercial and Government Entity Code Reporting JUL 2016
52.204-18 Commercial and Government Entity Code Maintenance JUL 2016
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment OCT 2015
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters JUL 2013
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations NOV 2015
52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns OCT 2014
52.219-8 Utilization of Small Business Concerns NOV 2016
52.222-3 Convict Labor JUN 2003
52.222-21 Prohibition Of Segregated Facilities APR 2015
52.222-26 Equal Opportunity SEP 2016
52.222-35 Equal Opportunity for Veterans OCT 2015
52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014
52.222-37 Employment Reports on Veterans FEB 2016
52.222-41 Service Contract Labor Standards MAY 2014
52.222-43 Fair Labor Standards Act And Service Contract Labor Standards - Price Adjustment (Multiple Year And Option Contracts) MAY 2014
52.222-50 Combating Trafficking in Persons MAR 2015
52.222-54 Employment Eligibility Verification OCT 2015
52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017
52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving AUG 2011
52.224-1 Privacy Act Notification APR 1984
52.224-2 Privacy Act APR 1984
52.224-3 Privacy Training JAN 2017
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 Management JUL 2013
52.232-37 Multiple Payment Arrangements MAY 1999
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013
52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013
52.233-3 Protest After Award AUG 1996
52.233-4 Applicable Law for Breach of Contract Claim OCT 2004
52.237-3 Continuity Of Services JAN 1991
52.242-13 Bankruptcy JUL 1995
52.242-15 Stop-Work Order AUG 1989
52.242-17 Government Delay Of Work 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 SEP 2013
252.204-7000 Disclosure Of Information OCT 2016
252.204-7003 Control Of Government Personnel Work Product APR 1992
252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism OCT 2015
252.225-7012 Preference For Certain Domestic Commodities DEC 2017
252.225-7048 Export-Controlled Items JUN 2013
252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns SEP 2004
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports JUN 2012
252.232-7006 Wide Area WorkFlow Payment Instructions MAY 2013
252.232-7010 Levies on Contract Payments DEC 2006
252.243-7001 Pricing Of Contract Modifications DEC 1991
252.243-7002 Requests for Equitable Adjustment DEC 2012
CLAUSES INCORPORATED BY FULL TEXT
52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)
(a) Definitions. As used in this clause--
Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.
Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional
information, such as necessary to process payments.
Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).
Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).
Safeguarding means measures or controls that are prescribed to protect information systems.
(b) Safeguarding requirements and procedures.
(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:
(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices
(including other information systems).
(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.
(iii) Verify and control/limit connections to and use of external information systems.
(iv) Control information posted or processed on publicly accessible information systems.
(v) Identify information system users, processes acting on behalf of users, or devices.
(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to
organizational information systems.
(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.
(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.
(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.
(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.
(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.
(xii) Identify, report, and correct information and information system flaws in a timely manner.
(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.
(xiv) Update malicious code protection mechanisms when new
releases are available.
(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.
(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.
(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract
information residing in or transiting through its information
system.
(End of clause)
52.216-19 ORDER LIMITATIONS (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $1,500 , 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 20;
(2) Any order for a combination of items in excess of 120; or
(3) A series of orders from the same ordering office within 30 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 15 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.
(End of clause)
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 31 October 2024; and 31 October 2025 if FAR Clause 52.217-8 is exercised.
(End of clause)
CLAUSES INCORPORATED BY FULL TEXT
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 15days prior to expiration of the contract.
(End of clause)
CLAUSES INCORPORATED BY FULL TEXT
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 611310- assigned to contract number TBD.
(Contractor to sign and date and insert authorized signer's name and title).
(End of clause)
52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT
(DEC 2010)
(a) During the term of this contract, the Contractor shall post an employee notice, of such size and in such form, and containing such content as prescribed by the Secretary of Labor, in conspicuous places in and about its plants and offices where employees covered by the National Labor Relations Act engage in activities relating to
the performance of the contract, including all places where notices to employees are customarily posted both physically and electronically, in the languages employees speak, in accordance with
29 CFR 471.2(d) and (f).
(1) Physical posting of the employee notice shall be in conspicuous places in and about the Contractor's plants and offices so that the notice is prominent and readily seen by employees who are covered by the National Labor Relations Act and engage in activities related to the performance of the contract.
(2) If the Contractor customarily posts notices to employees electronically, then the Contractor shall also post the required notice electronically by displaying prominently, on any Web site that is maintained by the Contractor and is customarily used for notices to employees about terms and conditions of employment, a link to the Department of Labor's Web site that contains the full text of the poster. The link to the Department's Web site, as referenced in (b)(3) of this section, must read, ``Important Notice about Employee Rights to Organize and Bargain Collectively with Their Employers.''
(b) This required employee notice, printed by the Department of Labor, may be--
(1) Obtained from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N-5609, Washington, DC 20210, (202) 693-0123, or from any field office of the Office of Labor-Management Standards or Office of Federal Contract Compliance Programs;
(2) Provided by the Federal contracting agency if requested;
(3) Downloaded from the Office of Labor-Management Standards Web site at http://www.dol.gov/olms/regs/compliance/EO13496.htm; or
(4) Reproduced and used as exact duplicate copies of the Department of Labor's official poster.
(c) The required text of the employee notice referred to in this clause is located at Appendix A, Subpart A, 29 CFR Part 471.
(d) The Contractor shall comply with all provisions of the employee notice and related rules, regulations, and orders of the Secretary of Labor.
(e) In the event that the Contractor does not comply with the requirements set forth in paragraphs (a) through (d) of this clause, this contract may be terminated or suspended in whole or in part, and the Contractor may be suspended or debarred in accordance with 29 CFR 471.14 and subpart 9.4. Such other sanctions or remedies may be imposed as are provided by 29 CFR part 471, which implements Executive Order 13496 or as otherwise provided by law.
(f) Subcontracts. (1) The Contractor shall include the substance of this clause, including this paragraph (f), in every subcontract that exceeds $10,000 and will be performed wholly or partially in the United States, unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to section 3 of Executive Order 13496 of January 30, 2009, so that such provisions will be binding upon each subcontractor.
(2) The Contractor shall not procure supplies or services in a way designed to avoid the applicability of Executive Order 13496 or this clause.
(3) The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means of enforcing such provisions, including the imposition of sanctions for noncompliance.
(4) However, if the Contractor becomes involved in litigation with a subcontractor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.
(End of clause)
52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)
In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the
provisions of 5 U.S.C. 5341 or 5332.
THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE DETERMINATION
Army Fringe Benefit Rate = 43.6%
Employee Class General Schedule Equivalent Monetary Wage-Fringe Benefits
Clerks GS-04 $14.30 $20.53
(End of clause)
52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (DEC 2015)
(a) Definitions. As used in this clause--
``United States'' means the 50 states and the District of Columbia.
``Worker''--
(1) Means any person engaged in performing work on, or in connection with, a contract covered by Executive Order 13658, and --
(i) Whose wages under such contract are governed by the Fair Labor Standards Act (29 U.S.C. chapter 8), the Service Contract Labor Standards statute (41 U.S.C. chapter 67), or the Wage Rate Requirements (Construction) statute (40 U.S.C. chapter 31, subchapter IV);
(ii) Other than individuals employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541;
(iii) Regardless of the contractual relationship alleged to exist between the individual and the employer.
(2) Includes workers performing on, or in connection with, the contract whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c).
(3) Also includes any person working on, or in connection with, the contract and individually registered in a bona fide apprenticeship or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship.
(b) Executive Order minimum wage rate. (1) The Contractor shall pay to workers, while performing in the United States, and performing on, or in connection with, this contract, a minimum hourly wage rate of $10.10 per hour beginning January 1, 2015.
(2) The Contractor shall adjust the minimum wage paid, if necessary, beginning January 1, 2016, and annually thereafter, to meet the applicable annual E.O. minimum wage. The Administrator of the Department of Labor's Wage and Hour Division (the Administrator) will publish annual determinations in the Federal Register no later than 90 days before the effective date of the new E.O. minimum wage rate. The Administrator will also publish the applicable E.O. minimum wage on www.wdol.gov (or any successor Web site), and a general notice on all
wage determinations issued under the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, that will provide information on the E.O. minimum wage and how to obtain annual
updates. The applicable published E.O. minimum wage is incorporated by reference into this contract.
(3)(i) The Contractor may request a price adjustment only after the effective date of the new annual E.O. minimum wage determination. Prices will be adjusted only for increased labor costs (including subcontractor labor costs) as a result of an increase in the annual E.O. minimum wage, and for associated labor costs (including those for subcontractors). Associated labor costs shall include increases or decreases that result from changes in social security and unemployment taxes and workers' compensation insurance, but will not otherwise include any amount for general and administrative costs, overhead, or profit.
(ii) Subcontractors may be entitled to adjustments due to the new minimum wage, pursuant to paragraph (b)(2). Contractors shall consider any subcontractor requests for such price adjustment.
(iii) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (b)(3)(i) of this clause, and will not provideduplicate price adjustments with any price adjustment under clauses implementing the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute.
(4) The Contractor warrants that the prices in this contract do not include allowance for any contingency to cover increased costs for which adjustment is provided under this clause.
(5) A pay period under this clause may not be longer than semi-monthly, but may be shorter to comply with any applicable law or other requirement under this contract establishing a shorter pay period. Workers shall be paid no later than one pay period following the end of the regular pay period in which such wages were earned or
accrued.
(6) The Contractor shall pay, unconditionally to each worker, all wages due free and clear without subsequent rebate or kickback. The Contractor may make deductions that reduce a worker's wages below the E.O. minimum wage rate only if done in accordance with 29 CFR 10.23, Deductions.
(7) The Contractor shall not discharge any part of its minimum wage obligation under this clause by furnishing fringe benefits or, with respect to workers whose wages are governed by the Service Contract Labor Standards statute, the cash equivalent thereof.
(8) Nothing in this clause shall excuse the Contractor from compliance with any applicable Federal or State prevailing wage law or any applicable law or municipal ordinance establishing a minimum wage higher than the E.O. minimum wage. However, wage increases under such other laws or municipal ordinances are not subject to
price adjustment under this subpart.
(9) The Contractor shall pay the E.O. minimum wage rate whenever it is higher than any applicable collective bargaining agreement(s) wage rate.
(10) The Contractor shall follow the policies and procedures in 29 CFR 10.24(b) and 10.28 for treatment of workers engaged in an occupation in which they customarily and regularly receive more than $30 a month in tips.
(c)(1) This clause applies to workers as defined in paragraph (a). As provided in that definition--
(i) Workers are covered regardless of the contractual relationship alleged to exist between the contractor or
subcontractor and the worker;
(ii) Workers with disabilities whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c) are covered; and
(iii) Workers who are registered in a bona fide apprenticeship program or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship, are covered.
(2) This clause does not apply to--
(i) Fair Labor Standards Act (FLSA)-covered individuals performing in connection with contracts covered by the E.O., i.e. those individuals who perform duties necessary to the performance of the contract, but who are not directly engaged in performing the specific work called for by the contract, and who spend less than 20
percent of their hours worked in a particular workweek performing in connection with such contracts;
(ii) Individuals exempted from the minimum wage requirements of the FLSA under 29 U.S.C. 213(a) and 214(a) and (b), unless otherwise covered by the Service Contract Labor Standards statute, or the Wage Rate Requirements (Construction) statute. These individuals include but are not limited to--
(A) Learners, apprentices, or messengers whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(a).
(B) Students whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(b).
(C) Those employed in a bona fide executive, administrative, or professional capacity (29 U.S.C. 213(a)(1) and 29 CFR part 541).
(d) Notice. The Contractor shall notify all workers performing work on, or in connection with, this contract of the applicable E.O. minimum wage rate under this clause. With respect to workers covered by the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, the Contractor may meet this
requirement by posting, in a prominent and accessible place at the worksite, the applicable wage determination under those statutes. With respect to workers whose wages are governed by the FLSA, the Contractor shall post notice, utilizing the poster provided by the Administrator, which can be obtained at www.dol.gov/whd/govcontracts, in a prominent and accessible place at the worksite. Contractors that customarily post notices to workers electronically may post the notice electronically provided the electronic posting is displayed prominently on any Web site that is maintained by the contractor, whether external or internal, and customarily used for notices to workers about terms and conditions of employment.
(e) Payroll Records. (1) The Contractor shall make and maintain records, for three years after completion of the work, containing the following information for each worker:
(i) Name, address, and social security number;
(ii) The worker's occupation(s) or classification(s);
(iii) The rate or rates of wages paid;
(iv) The number of daily and weekly hours worked by each worker;
(v) Any deductions made; and
(vi) Total wages paid.
(2) The Contractor shall make records pursuant to paragraph (e)(1) of this clause available for inspection and transcription by authorized representatives of the Administrator. The Contractor shall also make such records available upon request of the Contracting Officer.
(3) The Contractor shall make a copy of the contract available, as applicable, for inspection or transcription by authorized representatives of the Administrator.
(4) Failure to comply with this paragraph (e) shall be a violation of 29 CFR 10.26 and this contract. Upon direction of the Administrator or upon the Contracting Officer's own action, payment shall be withheld until such time as the noncompliance is corrected.
(5) Nothing in this clause limits or otherwise modifies the Contractor's payroll and recordkeeping obligations, if any, under the Service Contract Labor Standards statute, the Wage Rate Requirements (Construction) statute, the Fair Labor Standards Act, or any other applicable law.
(f) Access. The Contractor shall permit authorized representatives of the Administrator to conduct investigations,
including interviewing workers at the worksite during normal working hours.
(g) Withholding. The Contracting Officer, upon his or her own action or upon written request of the Administrator, will withhold funds or cause funds to be withheld, from the Contractor under this or any other Federal contract with the same Contractor, sufficient to pay workers the full amount of wages required by this clause.
(h) Disputes. Department of Labor has set forth in 29 CFR 10.51, Disputes concerning contractor compliance, the procedures for resolving disputes concerning a contractor's compliance with Department of Labor regulations at 29 CFR part 10. Such disputes shall be resolved in accordance with those procedures and not the Disputes clause of this contract. These disputes include disputes between the Contractor (or any of its subcontractors) and the
contracting agency, the Department of Labor, or the workers or their representatives.
(i) Antiretaliation. The Contractor shall not discharge or in any other manner discriminate against any worker because such worker has filed any complaint or instituted or caused to be instituted any proceeding under or related to compliance with the E.O. or this clause, or has testified or is about to testify in any such proceeding.
(j) Subcontractor compliance. The Contractor is responsible for subcontractor compliance with the requirements of this clause and may be held liable for unpaid wages due subcontractor workers.
(k) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (k) in all subcontracts, regardless of dollar value, that are subject to the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, and are to be performed in whole or in part in the United
States.
(End of clause)
CLAUSES INCORPORATED BY FULL TEXT
52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)
Funds are not presently available for performance under this contract beyond 30 September 2018. 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 30 September 2018, 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.
(End of clause)
CLAUSES INCORPORATED BY FULL TEXT
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)
CLAUSES INCORPORATED BY FULL TEXT
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 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 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 safegu
