Language Interpreter Services
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 W81K0018Q0227 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 over the telephone language interpreter services, and document translation for William Beaumont Army Medical Center (WBAMC) and its assigned Community Based Outpatient Clinics within its geographic location. The period of performance is 01 October 2018 thru 30 September 2019.The associated North American Industrial Classification System (NAICS) code for this procurement is 541930 with a size standard of with a size standard of $7,500,000.00. This procurement is being conducted as set-aside as a 100% small business set-aside. All eligible businesses may submit an offer, which will be considered.
Offers are due by 16 August 2018, at 9:00 AM, Central Standard Time. The point of contact is Mr. Efren Ramirez at (210) 221-4820 or efren.b.ramirez.civ@mail.mil. Offers shall be submitted via e-mail. Questions shall be submitted via e-mail not later than 14 August 2018. No questions will be entertained after this date.
AMOUNT
Language Translation & Interpretation FFP
Non-Personal Services: Vendor shall provide language translation and interpretation services to include: over the phone, written, video teleconferencing and American Sign Language interpretation in accordance with the attached Performance Work Statement (PWS). Services to be provided for William Beaumont Army Medical Center (WBAMC), Fort Bliss, TX. Period of Performance 1 October 2018 through 30 September 2019. Subject to the availability of FY19 Funds.
FOB: Destination
PURCHASE REQUEST NUMBER: 0011156129 PSC CD: R608
AMOUNT
Contractor Manpower Reporting FFP
Contractor Manpower Reporting (CMR) Contractor Manpower Reporting for Fiscal Year 19 will be due not later than 31 October 2019, IAW the Performance Work Statement.
FOB: Destination
PURCHASE REQUEST NUMBER: 0011156129 PSC CD: R608
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 1001 1 Job
OPTION Language Translation & Interpretation FFP
Non-Personal Services: Vendor shall provide language translation and interpretation services to include: over the phone, written, video teleconferencing and American Sign Language interpretation in accordance with the attached Performance Work Statement (PWS). Services to be provided for William Beaumont Army Medical Center (WBAMC), Fort Bliss, TX. Period of Performance 1 October 2019 through 30 September 2020. Subject to the availability of FY20 Funds.
FOB: Destination
PURCHASE REQUEST NUMBER: 0011156129 PSC CD: R608
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
1002 1 Each
OPTION Contractor Manpower Reporting FFP
Contractor Manpower Reporting (CMR) Contractor Manpower Reporting for Fiscal Year 20 will be due not later than 31 October 2020, IAW the Performance Work Statement.
FOB: Destination
PURCHASE REQUEST NUMBER: 0011156129 PSC CD: R608
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 2001 1 Job
OPTION Language Translation & Interpretation FFP
Non-Personal Services: Vendor shall provide language translation and interpretation services to include: over the phone, written, video teleconferencing and American Sign Language interpretation in accordance with the attached Performance Work Statement (PWS). Services to be provided for William Beaumont Army Medical Center (WBAMC), Fort Bliss, TX. Period of Performance 1 October 2020 through 30 September 2021. Subject to the availability of FY21 Funds.
FOB: Destination
PURCHASE REQUEST NUMBER: 0011156129 PSC CD: R608
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
2002 1 Each
OPTION Contractor Manpower Reporting FFP
Contractor Manpower Reporting (CMR) Contractor Manpower Reporting for Fiscal Year 21 will be due not later than 31 October 2021, IAW the Performance Work Statement.
FOB: Destination
PURCHASE REQUEST NUMBER: 0011156129 PSC CD: R608
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 3001 1 Job
OPTION Language Translation & Interpretation FFP
Non-Personal Services: Vendor shall provide language translation and interpretation services to include: over the phone, written, video teleconferencing and American Sign Language interpretation in accordance with the attached Performance Work Statement (PWS). Services to be provided for William Beaumont Army Medical Center (WBAMC), Fort Bliss, TX. Period of Performance 1 October 2021 through 30 September 2022. Subject to the availability of FY22 Funds.
FOB: Destination
PURCHASE REQUEST NUMBER: 0011156129 PSC CD: R608
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
3002 1 Each
OPTION Contractor Manpower Reporting FFP
Contractor Manpower Reporting (CMR) Contractor Manpower Reporting for Fiscal Year 22 will be due not later than 31 October 2022, IAW the Performance Work Statement.
FOB: Destination
PURCHASE REQUEST NUMBER: 0011156129 PSC CD: R608
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 4001 1 Job
OPTION Language Translation & Interpretation FFP
Non-Personal Services: Vendor shall provide language translation and interpretation services to include: over the phone, written, video teleconferencing and American Sign Language interpretation in accordance with the attached Performance Work Statement (PWS). Services to be provided for William Beaumont Army Medical Center (WBAMC), Fort Bliss, TX. Period of Performance 1 October 2022 through 30 September 2023. Subject to the availability of FY23 Funds.
FOB: Destination
PURCHASE REQUEST NUMBER: 0011156129 PSC CD: R608
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 4002 1 Job
OPTION Contractor Manpower Reporting FFP
Contractor Manpower Reporting (CMR) Contractor Manpower Reporting for Fiscal Year 23 will be due not later than 31 October 2023, IAW the Performance Work Statement.
FOB: Destination
PURCHASE REQUEST NUMBER: 0011156129 PSC CD: R608
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC / CAGE
0001 POP 01-OCT-2018 TO 30-SEP-2019 N/A COMMANDER
WILLIAM BEAUMONT ARMY MEDICAL CENTE
5005 NORTH PIEDRAS STREET EL PASO TX 79920
FOB: Destination W45NSV
0002 31-OCT-2019 1 (SAME AS PREVIOUS LOCATION)
FOB: Destination W45NSV
1001 POP 01-OCT-2019 TO 30-SEP-2020 N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination W45NSV
1002 31 -OCT-2020 1 (SAME AS PREVIOUS LOCATION)
FOB: Destination W45NSV
2001 POP 01-OCT-2020 TO 30-SEP-2021 N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination W45NSV
2002 31-OCT-2021 1 (SAME AS PREVIOUS LOCATION)
FOB: Destination W45NSV
3001 POP 01-OCT-2021 TO 30-SEP-2022 N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination W45NSV
3002 31-OCT-2022 1 (SAME AS PREVIOUS LOCATION)
FOB: Destination W45NSV
4001 POP 01-OCT-2022 TO 30-SEP-2023 N/A (SAME AS PREVIOUS LOCATION)
FOB: Destination W45NSV
4002 31-OCT-2023 1 (SAME AS PREVIOUS LOCATION)
FOB: Destination W45NSV
CLAUSES INCORPORATED BY REFERENCE
52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 ADDENDUM TO 52.212-4
(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
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011
52.204-10 Reporting Executive Compensation and First-Tier OCT 2016
Subcontract Awards
52.209-6 Protecting the Government's Interest When Subcontracting OCT 2015
With Contractors Debarred, Suspended, or Proposed for
Debarment
52.219-6 Notice Of Total Small Business Set-Aside NOV 2011
52.222-3 Convict Labor JUN 2003
52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2018
52.222-21 Prohibition Of Segregated Facilities APR 2015
52.222-26 Equal Opportunity SEP 2016
52.222-36 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
52.232-36 Payment by Third Party MAY 2014
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013
52.232-40 Providing Accelerated Payments to Small Business DEC 2013
Subcontractors
52.233-3 Protest After Award AUG 1996
52.233-4 Applicable Law for Breach of Contract Claim OCT 2004
252.203-7000 Requirements Relating to Compensation of Former DoD SEP 2011
Officials
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013
252.204-7003 Control Of Government Personnel Work Product APR 1992
252.225-7048 Export-Controlled Items JUN 2013
252.232-7003 Electronic Submission of Payment Requests and Receiving 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)
52.217-8 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 before contract expires; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before 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 ( X ) is, ( ) is not a small business concern under NAICS Code 541930- assigned to contract number .
(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 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 safeguarding and use of contractor attributional/proprietary information. The Government shall protect against the unauthorized use or release of information obtained from the contractor (or derived from information obtained from the contractor) under this clause that includes contractor attributional/proprietary information, including such information submitted in accordance with paragraph (c). To the maximum extent
practicable, the Contractor shall identify and mark attributional/proprietary information. In making an authorized release of such information, the Government will implement appropriate procedures to minimize the contractor attributional/proprietary information that is included in such authorized release, seeking to include only that information that is necessary for the authorized purpose(s) for which the information is being released.
(i) Use and release of contractor attributional/proprietary information not created by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is not created by or for DoD is authorized to be released outside of DoD--
(1) To entities with missions that may be affected by such information;
(2) To entities that may be called upon to assist in the diagnosis, detection, or mitigation of cyber incidents;
(3) To Government entities that conduct counterintelligence or law enforcement investigations;
(4) For national security purposes, including cyber situational awareness and defense purposes (including with Defense Industrial Base (DIB) participants in the program at 32 CFR part 236); or
(5) To a support services contractor (``recipient'') that is directly supporting Government activities under a contract that includes the clause at 252.204-7009, Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information.
(j) Use and release of contractor attributional/proprietary information created by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is created by or for DoD (including the information submitted pursuant to paragraph (c) of this clause) is authorized to be used and released outside of DoD for purposes and activities authorized by paragraph (i) of this clause, and for any other lawful Government purpose or activity, subject to all applicable statutory, regulatory, and policy based restrictions on the Government's use and release of such information.
(k) The Contractor shall conduct activities under this clause in accordance with applicable laws and regulations on the interception, monitoring, access, use, and disclosure of electronic communications and data.
(l) Other safeguarding or reporting requirements. The safeguarding and cyber incident reporting required by this clause in no way abrogates the Contractor's responsibility for other safeguarding or cyber incident reporting pertaining to its unclassified information systems as required by other applicable
clauses of this contract, or as a result of other applicable U.S. Government statutory or regulatory requirements.
(m) Subcontracts. The Contractor shall--
(1) Include this clause, including this paragraph (m), in subcontracts, or similar contractual instruments, for operationally critical support, or for which subcontract performance will involve covered defense information, including subcontracts for commercial items, without alteration, except to identify the parties. The
Contractor shall determine if the information required for subcontractor performance retains its identity as covered defense information and will require protection under this clause, and, if necessary, consult with the Contracting Officer; and
(2) Require subcontractors to--
(i) Notify the prime Contractor (or next higher-tier subcontractor) when submitting a request to vary from a NIST SP 800-171 security requirement to the Contracting Officer, in accordance with paragraph (b)(2)(ii)(B) of this clause; and
(ii) Provide the incident report number, automatically assigned by DoD, to the prime Contractor (or next higher-tier subcontractor) as soon as practicable, when reporting a cyber incident to DoD as required in paragraph (c) of this clause.
(End of clause)
252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION SUPPORT (MAY 2016)
(a) Definitions. As used in this clause--
Computer software means computer programs, source code, source code listings, object code listings, design details, algorithms, processes, flow charts, formulae, and related material that would enable the software to be reproduced, recreated, or recompiled. Computer software does not include computer data bases or computer software documentation.
Litigation support means administrative, technical, or professional services provided in support of the Government during or in anticipation of litigation.
Litigation support contractor means a contractor (including its experts, technical consultants, subcontractors, and suppliers) providing litigation support under a contract that contains the clause at 252.204-7014, Limitations on the Use or Disclosure of Information by Litigation Support Contractors.
Sensitive information means controlled unclassified information of a commercial, financial, proprietary, or privileged nature. The term includes technical data and computer software, but does not include information that is lawfully, publicly available without restriction.
Technical data means recorded information, regardless of the form or method of the recording, of a scientific or technical nature (including computer software documentation). The term does not include computer software or data incidental to contract administration, such as financial and/or management information.
(b) Notice of authorized disclosures. Notwithstanding any other provision of this solicitation or contract, the Government may disclose to a litigation support contractor, for the sole purpose of litigation support activities, any information, including sensitive information, received-
(1) Within or in connection with a quotation or offer; or
(2) In the performance of or in connection with a contract.
(c) Flowdown. Include the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for commercial items.
(End of clause)
252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUN 2013)
(a) The Contractor is not required to flow down the terms of any Defense Federal Acquisition Regulation Supplement (DFARS) clause in subcontracts for commercial items at any tier under this contract, unless so specified in the particular clause.
(b) While not required, the Contractor may flow down to subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligation.
(c) The Contractor shall include the terms of this clause, including this paragraph (c), in subcontracts awarded under this contract, including subcontracts for the acquisition of commercial items.
(End of clause)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (DEVIATION 2013-O0019) (JAN 2018)
(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph
(a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(b)
(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.
(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (v) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(viii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).
(xii) X (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).
(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)
(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)
(xv) 52.222-54, Employment Eligibility Verification (Oct 2015).
(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).
(xvii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xviii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xix) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of Clause)
Performance Work Statement (PWS)
1. Scope of Work: William Beaumont Army Medical Center (WBAMC) has requirement for over the telephone language interpreter services, and document translation for WBAMC and its assigned Community Based Outpatient Clinics within its geographic location. The purpose of the project is to comply with The Joint
Commission (TJC) standards to implement and comply with Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (LEP) and ensure that WBAMC has an established policy regarding the use of language interpreters to assist patients and families in the normal delivery of medical care when the use of a common language is not possible. The language translation services required herein are in support of WBAMC and Community Based Outpatient Clinics in direct translation of dialog occurring between patients, patient's family and staff in a conversational language setting. Conversations translated may include technical/medical terminology and privacy/protected information.
2. Objectives: The incumbent vendor shall provide rapid toll-free access to a wide range of language interpreters 24-hours a day, 7days a week, 365 days a year. These services shall support WBAMC and assigned Community Based Outpatient Clinics by providing certified interpreters to assist in the communication process between WBAMC Staff, Veteran patients, and other parties.
a. The vendor should provide detailed electronic (OB-10) and hard copy detailed billing reports to the government appointed Point of Contact (POC) via email.
b. The vendor should have the ability via a unique identifier to distinguish the date, time, duration, language, and at which location/site interpreter services were used.
3. Scope: The incumbent vendor shall provide all required personnel, inclusive of an interpreter manager to provide day to day management, to accomplish the following services during the specified periods of WBAMC performance and maintain the established performance standards stated herein.
a. Material transcribed and translated may include technical/medical terminology and/or patient visitor, employee privacy/protected information.
4. Tasks or Requirements: The incumbent vendor shall provide access to interpreters that are fluent in language, sign language, and document translation in at least 50 of the most common languages.
a. The twelve mandatory languages are: Spanish, Japanese, French, Mandarin, Polish, Hungarian, Russian, German, Korean, Thai, Vietnamese and Tagalog. The incumbent vendor will be required to present a complete listing of language interpretations that they are able to support upon contract award.
b. The incumbent vendor shall provide the necessary personnel, materials, equipment and facilities to support the aforementioned work requirements.
c. The incumbent vendor should have a Quality Specialist and some form of monitoring program to monitor calls for quality purposes and document response times and dropped call rates.
d. The incumbent vendor shall monitor, perform production control, review work product and other source documents for completeness. The vendor shall conduct translation, validation checks and error correction of conversation as they occur during the course of the overall process and not during a post timeframe.
5. Hours of Performance: The incumbent vendor shall be responsible for delivering all required language interpretation services when requested by staff working in WBAMC or its assigned Community Based Outpatient Clinics.
a. Telephonic: Incumbent vendor needs to ensure that telephonic interpreters are available 24-hours a day, 7- days a week, 365 days a year.
b. Provide a toll free number.
c. Documentation translation request(s) should be provided to WBAMC requestor(s) within an acceptable time period as agreed upon by the incumbent vendor and the appointed WBAMC-PAD Point of Contact.
6. Workload: Incumbent contractor must be able to respond to workload variability. The estimated workload average for this contract is approximately (583) interpretation minutes per month over the contract period. The government will only pay for the amount of "interpretation minutes" provided. The Point of Contact (POC) will communicate on a monthly basis, or on as needed basis, with the incumbent vendor to identify fluctuation(s) on interpretation workload. Documentation Translation - upon request incumbent vendor shall translate approximately (8) translation requests over a normal (12) month average and/or fiscal year. Documents will be submitted by the WBAMC PAD-Point of Contact (POC) requesting an estimated document translation cost prior to commencing the finalized document translation request.
7. Personnel: Incumbent vendor shall provide a workforce with the skills, knowledge, and training to satisfactorily perform the services required by the contractor. Contractor employees shall be qualified interpreters having extensive knowledge of medical terminology and specialized vocabulary peculiar to a wide variety of subjects including, but not limited to medicine, surgery, psychiatry, and pharmaceutical. All contracted personnel requiring a network account must have the appropriate Information Assurance (IA) - Baseline Training certification and Computing Environment (CE) as required in accordance with Army Regulation 25-2.
8. Qualifications: The incumbent vendor shall provide qualified, professional experienced interpreters who possess a high level of interpretation skills and proficiency in both the English language and the non-English speaker's language in order to interpret the speaker's meaning completely and accurately. Specifically, interpreters employed by the vendor must be:
a. United States citizens or lawfully admitted into the United States for permanent residence. Incumbent vendor may request from the Government a waiver of this requirement on a case-by-case basis for languages for which qualified interpreter who is either United States Citizens or lawful permanent resident cannot be located.
b. Language interpreters should either be certified in the language they are providing WBAMC service for or have one (1) year of experience interpreting the language that they are providing service for.
c. Contractor personnel must understand a wide variety of pronunciations and enunciations originating from different ethnic and geographical backgrounds. Contractor personnel shall have complete knowledge of medical terminology pronunciation and enunciations originating from different ethnic and geographical backgrounds.
Specific Tasks or Assignments: No offshore interpretation. The contracted services shall be performed within the United States of America. Contractor will maintain a continuous Quality Assurance Program for this contract.
a. Line Data Report/Invoice. The Contractor shall submit a monthly report/invoice showing the total number of minutes interpreted and/or the document(s) translated via Wide Area Workflow. Incumbent contractor shall fax, email or mail the original report/invoice to the Point of Contact (POC) by the third working day of the month following the month in which the reported work was accomplished. Copies of these reports/invoices will be maintained for the life of the contract by the contractor and POC.
b. Contractor is responsible for use of correct grammar/punctuation, ensuring context of translated documents/material remain intact, and completed reports are submitted in a final Word Document (Arial-12 font) and/or PDF format.
c. Completed work will be reviewed by the assigned POC and/or assigned WBAMC PAD Project Manager for compliance with specification requirements. Deficiencies are subject to the Inspection of Services Clause. If the government elects to have the contractor re-perform the "document translation" service, it shall be accomplished within a reasonable turn-around time(s) as put forth by the government POC and/or PAD Project Manager.
9. Security: The incumbent vendor will provide certified interpreters that will adhere to patient privacy and HIPAA standards.
a. Incumbent vendor will ensure appropriate background investigation at the NACI level is conducted for the interpreter staff servicing the contract.
10. Place of Performance: Will be located at William Beaumont Army Medical Center, El Paso, TX 79920. The place of language interpretation performance will typically be over the telephone or at any of the outlying Community Based Outpatient Clinic's that WBAMC has identified in this contract.
11. Conflict of Interest: The incumbent vendor shall not employ any person, either military or civilian, who is currently an employee of the United State Government, if they employment of that person has the potential of creating a conflict of interest, unless such person(s) received prior approval in accordance with applicable government regulations.
12. The Joint Commission (TJC): The incumbent vendor is expected to comply with all timeline statutes and requirements of The Joint Commission in relation to language interpretation and translated documentation workload requirements.
13. Quality Assurance: The government will monitor the Contractor's performance under this contract utilizing internal quality assurance procedures and by verifying finalized reports, invoices and translated documents that have been submitted to the assigned contract government POC. This is to be performed by the POC.
CONTRACTOR MANAGEMENT REPORTING (CMR)
The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the Contractor shall report ALL Contractor manpower (including subcontractor manpower) required for performance of this contract. The Contractor shall completely fill in all the information in the format using the following web address https://Contractormanpower.army.pentagon.mil. The required information includes: (1) Contracting Office, Contracting Officer, Contracting Officer's Technical Representative (COTR) or also known as the Contracting Officer's Representative (COR); (2) Contract number, including task and delivery order number; (3) Beginning and ending dates covered by reporting period;
(4) Contractor's name, address, phone number, e-mail address, identity of Contractor employee entering data;
(5) Estimated direct labor hours (including sub-Contractors); (6) Estimated direct labor dollars paid this reporting period (including sub-Contractors); (7) Total payments (including sub-Contractors); (8) Predominant Federal Service Code (FSC) reflecting services provided by Contractor (and separate predominant FSC for each sub-Contractor if different); (9) Estimated data collection cost; (10) Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring Activity (the Army Requiring Activity is responsible for providing the Contractor with its UIC for the purposes of reporting this information); (11) Locations where Contractor and sub-Contractors perform the work (specified by zip code in the United States and nearest city, country, when in an overseas location, using standardized nomenclature provided on website); (12) Presence of deployment or contingency contract language; and (13) Number of Contractor and sub-Contractor employees deployed in theater this reporting period (by country). As part of its submission, the Contractor shall provide the estimated total cost (if any) incurred to comply with this reporting requirement. Reporting period shall be the period of performance not to exceed 12 months ending September 30 of each government fiscal year and must be reported by 31 October of each calendar year. Contractors may use a direct XML data transfer to the database server or fill in the fields on the website. The XML direct transfer is a format for transferring files from a Contractor's system to the secure website without the need for separate data entries for each required data element at the website. The specific formats for the XML direct transfer may be downloaded from the website.
QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)
The following minimum Quality Assurance Surveillance Plan applies. The Government may modify inspection methods in accordance with site specific requirements.
PERFORMANCE OBJECTIVE PERFORMANCE STANDARD REF PWS METHOD OF ASSESSMENT
The contractor shall support WBAMC with certified language interpreters 24 hours / 7 days a week with fluent and certified language interpreters as needed. Comply 100% of the time. 5. POC maintain log
The contractor shall provide Comply 100% of the time. 7. POC maintain log
qualified language interpreters for 8.
interpretation use by WBAMC
clinical and administrative services.
STANDARD MEASUREMENT PAST PERFORMANCE ASSESSMENT
99% to 100% Excellent Document Past Performance
96% to 98% Very Good Assessment Report, paying
95% Satisfactory particular attention to
91% to 94% Marginal performance that exceeds
90% or Less Unsatisfactory the standard
CLAUSES INCORPORATED BY REFERENCE
52.212-1 Instructions to Offerors--Commercial Items JAN 2017 ADDENDUM TO 52.212-1
Volume I. Administrative.
All offerors shall provide the following items:
• Completed SF 1449: Blocks 12, 17 (to include CAGE code and DUNS number), 30A - C
• Completed SF 30: Blocks 8, 15A - C (for all amendments issued, if any)
• Point of Contact Information (Name, Telephone Number, Fax Number, and Email)
• Statement that the offeror will hold its quote firm for at least 90 days from the due date for receipt of quotes, subject to any changes that may occur as a result of discussions (if applicable).
• Completed provisions, as listed in the solicitation. Alternately, complete all provisions in SAM and provide confirmation of completion and accuracy withoffer.
• Potential contractors must be registered in the System for Award Management (SAM) to be eligible for award. The SAM website ishttp://www.sam.gov.
Volume II. Technical Capability
Technical Capability. These parts of the technical proposal shall be addressed in sufficient written detail for the Government to determine if the offeror understands this aspect of the Government's requirement. Statements that the offeror understands, can or will comply with all specifications, or statements paraphrasing the specifications of parts thereof, or phrases such as "standard procedures will be used" or "well-known techniques will be used" will be considered unacceptable. Insufficient explanations may result in your offer receiving an UNACCEPTABLE rating.
Volume III. Price
Price. The offeror shall submit a unit price for each CLIN, as well as the extended price (i.e., unit price multiplied by quantity) in column F. A unit price shall be submitted for each line item, as well as the extended
price (i.e., unit price multiplied by quantity). Travel costs are subject to Federal Acquisition Regulation (FAR) part 31.205-46 and 52.212-4.
The non-FAR Part 12 discretionary FAR, DFARS, AFARS, and LOCAL provisions included herein are incorporated into this solicitation either by reference or in full text. If incorporated by reference, see provision 52.252-1 herein for locations where full text can be found.
(End of Addendum)
CLAUSES INCORPORATED BY REFERENCE
52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.
OCT 2015
CLAUSES INCORPORATED BY FULL TEXT
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
http://farsite.hill.af.mil (End of provision)
52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)
(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision.
(b) The use in this solicitation of any DoD FAR Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
(End of provision)
252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV
2011)
(a) Definition. Covered DoD official is defined in the clause at 252.203-7000, Requirements Relating to Compensation of Former DoD Officials.
(b) By submission of this offer, the offeror represents, to the best of its knowledge and belief, that all covered DoD officials employed by or otherwise receiving compensation from the offeror, and who are expected to undertake activities on behalf of the offeror for any resulting contract, are presently in compliance with all post-employment restrictions covered by 18 U.S.C. 207, 41 U.S.C. 2101-2107, and 5 CFR parts 2637 and 2641, including Federal Acquisition Regulation 3.104-2.
(End of provision)
252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION CONTROLS (OCT 2016)
(a) Definitions. As used in this provision--
Controlled technical information, covered contractor information system, covered defense information, cyber incident, information system, and technical information are defined in clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting.
(b) The security requirements required by contract clause 252.204-7012 shall be implemented for all covered defense information on all covered contractor information systems that support the performance of this contract.
(c) For covered contractor information systems that are not part of an information technology service or system operated on behalf of the Government (see 252.204-7012(b)(2))--
(1) By submission of this offer, the Offeror represents that it will implement the security requirements specified by National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, ``Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations'' (see http://dx.doi.org/10.6028/NIST.SP.800-171) that are in effect at the time the solicitation is issued or as authorized by the contracting officer not later than December 31, 2017.
(2)(i) If the Offeror proposes to vary from any of the security requirements specified by NIST SP 800-171 that are in effect at the time the solicitation is issued or as authorized by the Contracting Officer, the Offeror shall
submit to the Contracting Officer, for consideration by the DoD Chief Information Officer (CIO), a written explanation of-
(A) Why a particular security requirement is not applicable; or
(B) How an alternative but equally effective, security measure is used to compensate for the inability to satisfy a particular requirement and achieve equivalent protection.
(ii) An authorized representative of the DoD CIO will adjudicate offeror requests to vary from NIST SP 800-171 requirements in writing prior to contract award. Any accepted variance from NIST SP 800-171 shall be incorporated into the resulting contract.
(End of provision)
(a) SEE ADDENDUM 52.212-2
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
(End of provision)
ADDENDUM 52.212-2
Award will be made using the lowest price technically acceptable (LPTA) source selection process. Award will be made to the responsible offeror on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors. Award maybe made without discussions with offerors (except communications conducted for the purpose of minor clarification). Therefore, each initial offer should contain the offeror's best terms from a technical and price standpoint. However, the Government reserves the right to conduct discussions if it is later determined by the contracting officer to be necessary.
Paragraph (a) is hereby replaced with the following:
The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation is Lowest Price, Technically Acceptable (LPTA). Award will be made on all or nothing basis. The following evaluation factors shall be used to evaluate offers:
Technically Acceptability and Price
1. Technical Acceptability: The following adjectival ratings will be used in evaluati
