Motorized Solar Shades
Department of the Air Force, Direct Reporting Units | Published April 29, 2016 - Deadline May 24, 2016
Combined/Synopsis SolicitationIAW FAR 12.603
This is a combined synopsis/solicitation for a Brand Name or Equal commercial item prepared in accordance with the format in 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 (formal) solicitation will not be issued. This solicitation is issued as a Request for Quotation, (RFQ), solicitation number FA7000-16-T-0067, in accordance with FAR Parts 12 & 13. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2005-87, 06 April 2016. The North American Industry Classification System Codes (NAICS) is 337920 and the business size standard is 1,000 employees. This is a 100% small business set aside acquisition. All responsible sources may submit a quote, which if received timely, will be considered by the 10th Contracting Squadron, LGCA, United States Air Force Academy (USAFA).
The government bares no legal liability for bid cost associated with this request for quote. Vendors should not submit a quote unless they are willing to absorb all cost associated with submitting a quote. Quotes submitted with used, reconditioned, refurbished, gray market, or liquidated stock will not be considered for award.
This Solicitation is being issued in accordance with (IAW) FAR Parts 12 and 13 as a RFQ IAW FAR 13.004, in all instances throughout this solicitation any use of the word "proposal" should be understood as "quote". All instances of the word "offeror" should be understood as "quoter". All instances of the word "award" should be understood as "order". Quotes supplied in response to this solicitation are not binding. The requirement will be awarded to the quoter IAW 52.212-2, found herein.
Please read and comply with all requirements for submitting a quote. Failure to comply with all instructions contained within this Synopsis/Solicitation could result in the quote being ineligible for award. It is the offeror's responsibility to ensure their quote meets all the requirements identified herein.
The USAF Academy has a Brand Name or Equal requirement to procure motorized shades as detailed in the Statement or Work (SOW) dated 4 April 2016 (Attachment 1), and the McDermott Library Motorized Solar Shades presentation, dated 1 April 2016 (Attachment 2). Please provide pricing as indicated below:
CLIN 0001 Quantity Unit Price Extended PriceMotorized Shades ________ _________CLIN 0002 ________ _________IUID LabelingIAW DFARS 252.211-7003 Item Unique Identification and Valuation (Mar 2016)
TOTAL PRICE ______________
The following Federal Acquisition Regulation (FAR) clauses apply to this combined synopsis/solicitation and offerors must comply with all instructions contained in FAR 52.212-1, Instructions to Offerors--Commercial Items, addenda applies: The contractor shall submit their quote on company letterhead to include the following: solicitation number, contact name, address, telephone number of the offeror, cage code, DUNS number, tax identification number, size of business, unit price, extended price, any discount terms, delivery terms, descriptive literature, warranty information and acknowledgement of solicitation amendments, if required. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer. Quotes must contain adequate information to judge if the product meets or exceeds the characteristics supplied in the solicitation.
Quotes, descriptive literature information and Buy American Certificate (Attachment 3) must be received no later than 1:00 pm Mountain Daylight Time (MDT), May 24, 2016, at the 10 CONS/LGCA, 8110 Industrial Drive, Suite 200, USAF Academy, CO 80840-2315. Please submit quotes by e-mail to Londres Medranda at email@example.com. In his absence, please contact Aaron Vollbracht, Contracting Officer, at firstname.lastname@example.org.
Addenda to FAR 52.212-1, Proposal Preparation Instructions:
a. To assure timely and equitable evaluation of the proposal, the quoter must follow the instructions contained herein. Quoters are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. Failure to meet a requirement may result in an offer being ineligible for award. Quoters must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. The quote shall consist of three (3) separate parts; Part I - Price, Part II - Descriptive Literature, and Part III - Contract Documentation (Representation and Certification).
b. The contracting officer has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial quotes, the contracting officer will review this determination and if, in the contracting officer's opinion, adequate price competition exists no additional cost information will be requested. However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists; vendors may be required to submit information to the extent necessary for the contracting officer to determine the reasonableness and affordability of the price. The Government will award a contract on an "all or none" basis, multiple awards shall not be contemplated."
c. SITE VISIT. In accordance with (IAW) FAR 52.237-1, a site visit is currently scheduled for 19 May 2016 at 1:00 PM MDT. Offerors are urged to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award. (1) Only one site visit shall be conducted. The itinerary and locations for the site visit are as follows:
Site Visit: McDermott LibraryUSAF Academy, CO 8084019 May 2016, 1:00 PM MDT(2) All interested quoters are to email Londres Medranda, Contract Specialist, at email@example.com and Aaron Vollbracht at firstname.lastname@example.org with the name of the company, contact information to include phone number and email, and names of no more than two representatives per company no later than 16 May 2016, 1:00 PM MDT.
(3) Questions should be submitted in writing and emailed to Londres Medranda at email@example.com and Aaron Vollbracht at firstname.lastname@example.org no later than three (3) calendar days prior to the site visit. Questions pertaining to the solicitation or during the site visit shall also be submitted in writing. Questions should include sufficient detail to enable the government to respond without requesting further clarification. We will post questions/answers from the site visit on the website https://www.fbo.gov.
d. Specific Instructions:
1. PART I - PRICE - Submit on company letterhead the unit price for each line item to include extended price with an overall total price. The quoter agrees to hold the prices in its quote firm for 120 calendar days from the date specified for receipt of offers.
2. PART II - Submit a copy of descriptive literature/specifications - Vendors must submit technical information (descriptive literature) that adequately demonstrates their quote meets the salient characteristics annotated in Attachment 1 and Attachment 2 of this solicitation. A general statement of compliance or restatement of the salient characteristics is insufficient. The Contracting Officer is not responsible for locating or obtaining any information not identified in the quote and literature. If a vendor cannot comply with every requirement that quote will not be considered.
3. Part III - Contract Documentation (Representation and Certification).
a. The provision at FAR 52.212-3, Offeror Representations and Certifications - commercial Items and its Alternate I (Alt I) must be completed. Vendors are highly encouraged to complete all representations and certifications electronically online at: https://www.sam.gov/index.html/#1. If not completed online, 52.212-3 Alt I shall be completed in hard copy and submitted with quote. This provision is included within this solicitation. Subject provisions are also available at http://farsite.hill.af.mil.
b. The provision at DFARS 252.225-7000, Buy American Act-Balance of Payments Program Certificate must be completed, signed and returned with quote. This provision is included within this solicitation and also as Attachment 3.
c. Contractors must be registered with the System for Award Management (SAM) to conduct business with the Department of Defense. No purchase order can be awarded to any company without this registration (www.sam.gov).
d. Provide a written statement that the offeror's proposal incorporates all amendments to the solicitation (if applicable).
e. Prices quoted must be Firm-Fixed Price to include shipping and handling charges based on F.O.B Destination. Quotes received with FOB: Other than Destination, will not be considered.
f. DELIVERY AND COMPLETE INSTALLATION IS REQUIRED BY 31 AUGUST 2016.
ADDRESS:McDermott LibraryFairchild Hall, Bldg 2354USAF Academy, CO 80840
The provision at FAR 52.212-2, Evaluation--Commercial Items apply to this acquisition
52.212-2 Evaluation - Commercial Items (Oct 2014)
a. The government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quotes:
1. Delivery2. Technical3. Price
DeliveryVendor must provide a statement that they can meet the required delivery date. The required delivery date is 31 August 2016. Delivery entails acceptable completion of all requirements to include cleanup of the premises.
TechnicalAward will be made on the basis of determining quoters who meet or exceed the salient characteristics listed against Attachments 1 - 2 on a pass/fail basis and those quoters who pass (meeting salient characteristics) will then be evaluated on who quoted the lowest evaluated price which meets or exceeds the requirements and meets the required delivery date of 31 August 2016. If a quoter does not meet the salient characteristics, it will not be considered. The quoter of an "or equal" item must submit data that adequately demonstrates that its products meets or exceeds the salient characteristics in accordance with the provision at FAR 52.211-6, Brand Name or Equal.
PriceThe proposed prices will be determined by multiplying the quantity by the contractor's proposed unit price to confirm the extended amount for each contract line item (CLIN). All CLINs will be added together to establish a Total Evaluted Price (TEP). The price evaluation will document the reasonableness and affordability of the proposed TEP. Paragraphs b and c are not applicable as shown below:
(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)
52.211-6 BRAND NAME OR EQUAL (AUG 1999)
(a) If an item in this solicitation is identified as "brand name or equal," the purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that "equal" products must meet are specified in the solicitation.
(b) To be considered for award, offers of "equal" products, including "equal" products of the brand name manufacturer, must-
(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;
(2) Clearly identify the item by-
(i) Brand name, if any; and
(ii) Make or model number;
(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and
(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.
(c) The Contracting Officer will evaluate "equal" products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.
(d) Unless the offeror clearly indicates in its offer that the product being offered is an "equal" product, the offeror shall provide the brand name product referenced in the solicitation.
(End of provision)
FAR 52.212-4, Contract Terms and Conditions-Commercial Items (May 2015) applies to this acquisition and the following addenda, applies:
ADDENDUM TO FAR 52.212-4(c) CHANGES
Text in paragraph (c) is deleted and replaced with the following:
Changes in terms and conditions of this contract may be made only by written agreement of the parties with the exception of certain changes such as administrative changes including changes in paying office, appropriation data, etc. authorized by the Federal Acquisition Regulation and its supplements that may be made unilaterally by the Contracting Officer (for a complete list of changes that may be made unilaterally, see FAR 43.103(b)).
(End of Addendum)FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (DEVIATION 2013-O0019) (Mar 2016)(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.
(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 (Apr 2010) (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 (Apr 2015) (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) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(ix) 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.
(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).
(xi) ____ (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).
(xii) 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.)
(xiii) 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)
(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015).
(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).
(xvi) 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).
(xvii) 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.
(xviii) 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.
(xviii) 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)
Additional FAR clauses applicable to this acquisition:
52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015)52.209-6 Protecting the Governments Interests When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015)52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)52.219-6 Notice of Total Small Business Set-Aside (Nov 2011)52.219-28 Post-Award Small Business Program Rerepresentation (Jul 2013)52.222-3 Convict Labor (June 2003) 52.222-19 Child Labor -- Cooperation with Authorities and Remedies (Feb 2016)52.222-21 Prohibition of Segregated Facilities (Apr 2015)52.222-26 Equal Opportunity (Apr 2015)52.222-36 Equal Opportunity for Workers with Disabilities (July 2014)52.222-40 Notification of Employee Rights Under the National Labor Relation Act(Dec 2010)52.222-50 Combating Trafficking in Persons (Mar 2015)52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011)52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008)52.232-33 Payment by Electronic Funds Transfer--Central Contractor Registration (Jul 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)
52.252-1 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
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 address:http://farsite.hill.af.mil.
(End of Clause)
DFARS provisions cited by reference that are applicable to this acquisition are:
252.203-7005 Representation Relating to Compensation of Former DOD Officials (Nov 2011)252.203-7996 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements-Representation (DEVIATION 2016-O0003) (OCT 2015)252.204-7004 Alternate A, System for Award Management (Feb 2014)252.204-7008 Compliance with Safeguarding Covered Defense Information Controls (Dec 2015)252.204-7011 Alternative Line-Item structure (Sep 2011)252.225-7031 Secondary Arab Boycott of Israel (Jun 2005)
Additional DFARS clauses cited in the clause applicable to this acquisition are:
252.203-7000 Requirements Relating to Compensation of Former DoD Officials (Sep 2011)252.204-7015 Disclosure of Information to litigation Support Contractors (Feb 2014)252.225-7001 Buy American and Balance of Payments Program - Basic (Nov 2014)252.225-7002 Qualifying Country Sources as Subcontractors (Dec 2012)252.225-7013 Duty-Free Entry (Nov 2014)252.232-7003 Electronic Submission of Payment Requests and Receiving (Jun 2012)252.232-7010 Levies on Contract Payments (Dec 2006)252.244-7000 Subcontracts for Commercial Items and Commercial Components (Jun 2013)
DFARS clauses in full text:
252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (DEC 2015)(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."Contractor information system" means an information system belonging to, or operated by or for, the Contractor."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 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 information that-(i) Is-(A) Provided to the contractor by or on behalf of DoD in connection with the performance of the contract; or(B) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract; and(ii) Falls in any of the following categories:(A) Controlled technical information.(B) Critical information (operations security). Specific facts identified through the Operations Security process about friendly intentions, capabilities, and activities vitally needed by adversaries for them to plan and act effectively so as to guarantee failure or unacceptable consequences for friendly mission accomplishment (part of Operations Security process).(C) Export control. Unclassified information concerning certain items, commodities, technology, software, or other information whose export could reasonably be expected to adversely affect the United States national security and nonproliferation objectives. To include dual use items; items identified in export administration regulations, international traffic in arms regulations and munitions list; license applications; and sensitive nuclear technology information.(D) Any other information, marked or otherwise identified in the contract, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies (e.g., privacy, proprietary business information)."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."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 information is recorded, stored, or printed within an 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."Rapid(ly) report(ing)" 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-Non Commercial 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 for all covered defense information on all covered contractor information systems that support the performance of work under this contract. To provide adequate security, the Contractor shall-(1) Implement information systems security protections on all covered contractor information systems including, at a minimum-(i) For covered contractor information systems that are part of an Information Technology (IT) service or system operated on behalf of the Government-(A) Cloud computing services shall be subject to the security requirements specified in the clause 252.239-7010, Cloud Computing Services, of this contract; and(B) 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; or(ii) 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)(i) of this clause-(A) 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," http://dx.doi.org/10.6028/NIST.SP.800-171 that is in effect at the time the solicitation is issued or as authorized by the Contracting Officer, as soon as practical, but not later than December 31, 2017. The Contractor shall notify the DoD CIO, via email at email@example.com, within 30 days of contract award, of any security requirements specified by NIST SP 800-171 not implemented at the time of contract award; or(B) Alternative but equally effective security measures used to compensate for the inability to satisfy a particular requirement and achieve equivalent protection accepted in writing by an authorized representative of the DoD CIO; and(2) Apply other information systems security measures when the Contractor reasonably determines that information systems security measures, in addition to those identified in paragraph (b)(1) of this clause, may be required to provide adequate security in a dynamic environment based on an assessed risk or vulnerability.(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, 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. The Contractor or subcontractors that discover and isolate malicious software in connection with a reported cyber incident shall submit the malicious software in accordance with instructions provided by 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 a covered contractor information system, including subcontracts for commercial items, without alteration, except to identify the parties; and(2) When this clause is included in a subcontract, require subcontractors to rapidly report cyber incidents directly to DoD at http://dibnet.dod.mil and the prime Contractor. This includes providing the incident report number, automatically assigned by DoD, to the prime Contractor (or next higher-tier subcontractor) as soon as practicable.(End of clause)252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (MAR 2016)(a) Definitions. As used in this clause-"Automatic identification device" means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media."Concatenated unique item identifier" means-(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or (2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number; and serial number within the original part, lot, or batch number."Data matrix" means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200 (ECC200) specification found within International Standards Organization (ISO)/International Electrotechnical Commission (IEC) 16022."Data qualifier" means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows."DoD recognized unique identification equivalent" means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at http://www.acq.osd.mil/dpap/pdi/uid/iuid_equivalents.html."DoD item unique identification" means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number."Enterprise" means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items."Enterprise identifier" means a code that is uniquely assigned to an enterprise by an issuing agency."Government's unit acquisition cost" means-(1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery; (2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery; and(3) For items produced under a time-and-materials contract, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery."Issuing agency" means an organization responsible for assigning a globally unique identifier to an enterprise, as indicated in the Register of Issuing Agency Codes for ISO/IEC 15459, located at http://www.aimglobal.org/?Reg_Authority15459."Issuing agency code" means a code that designates the registration (or controlling) authority for the enterprise identifier."Item" means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts. "Lot or batch number" means an identifying number assigned by the enterprise to a designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions."Machine-readable" means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards."Original part number" means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface."Parent item" means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification equivalent."Serial number within the enterprise identifier" means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again within the enterprise."Serial number within the part, lot, or batch number" means a combination of numbers or letters assigned by the enterprise to an item that provides for the differentiation of that item from any other like item within a part, lot, or batch number assignment."Serialization within the enterprise identifier" means each item produced is assigned a serial number that is unique among all the tangible items produced by the enterprise and is never used again. The enterprise is responsible for ensuring unique serialization within the enterprise identifier."Serialization within the part, lot, or batch number" means each item of a particular part, lot, or batch number is assigned a unique serial number within that part, lot, or batch number assignment. The enterprise is responsible for ensuring unique serialization within the part, lot, or batch number within the enterprise identifier."Type designation" means a combination of letters and numerals assigned by the Government to a major end item, assembly or subassembly, as appropriate, to provide a convenient means of differentiating between items having the same basic name and to indicate modifications and changes thereto."Unique item identifier" means a set of data elements marked on items that is globally unique and unambiguous. The term includes a concatenated unique item identifier or a DoD recognized unique identification equivalent."Unique item identifier type" means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at http://www.acq.osd.mil/dpap/pdi/uid/uii_types.html.(b) The Contractor shall deliver all items under a contract line, subline, or exhibit line item.(c) Unique item identifier.(1) The Contractor shall provide a unique item identifier for the following:(i) Delivered items for which the Government's unit acquisition cost is $5,000 or more, except for the following line items:Contract Line, Subline, or Exhibit Line Item Number Item DescriptionN/A(ii) Items for which the Government's unit acquisition cost is less than $5,000 that are identified in the Schedule or the following table:Contract Line, Subline, or Exhibit Line Item Number Item DescriptionN/A(If items are identified in the Schedule, insert "See Schedule" in this table.)(iii) Subassemblies, components, and parts embedded within delivered items, items with warranty requirements, DoD serially managed reparables and DoD serially managed nonreparables as specified in Attachment Number ____.(iv) Any item of special tooling or special test equipment as defined in FAR 2.101 that have been designated for preservation and storage for a Major Defense Acquisition Program as specified in Attachment Number ____.(v) Any item not included in (i), (ii), (iii), or (iv) for which the contractor creates and marks a unique item identifier for traceability.(2) The unique item identifier assignment and its component data element combination shall not be duplicated on any other item marked or registered in the DoD Item Unique Identification Registry by the contractor.(3) The unique item identifier component data elements shall be marked on an item using two dimensional data matrix symbology that complies with ISO/IEC International Standard 16022, Information technology - International symbology specification - Data matrix; ECC200 data matrix specification.(4) Data syntax and semantics of unique item identifiers. The Contractor shall ensure that-(i) The data elements (except issuing agency code) of the unique item identifier are encoded within the data matrix symbol that is marked on the item using one of the following three types of data qualifiers, as determined by the Contractor:(A) Application Identifiers (AIs) (Format Indicator 05 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology - EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.(B) Data Identifiers (DIs) (Format Indicator 06 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology - EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.(C) Text Element Identifiers (TEIs) (Format Indicator 12 of ISO/IEC International Standard 15434), in accordance with the Air Transport Association Common Support Data Dictionary; and(ii) The encoded data elements of the unique item identifier conform to the transfer structure, syntax, and coding of messages and data formats specified for Format Indicators 05, 06, and 12 in ISO/IEC International Standard 15434, Information Technology - Transfer Syntax for High Capacity Automatic Data Capture Media.(5) Unique item identifier.(i) The Contractor shall-(A) Determine whether to- (1) Serialize within the enterprise identifier; (2) Serialize within the part, lot, or batch number; or(3) Use a DoD recognized unique identification equivalent (e.g. Vehicle Identification Number); and (B) Place the data elements of the unique item identifier (enterprise identifier; serial number; DoD recognized unique identification equivalent; and for serialization within the part, lot, or batch number only: original part, lot, or batch number) on items requiring marking by paragraph (c)(1) of this clause, based on the criteria provided in MIL-STD-130, Identification Marking of U.S. Military Property, latest version;(C) Label shipments, storage containers and packages that contain uniquely identified items in accordance with the requirements of MIL-STD-129, Military Marking for Shipment and Storage, latest version; and(D) Verify that the marks on items and labels on shipments, storage containers, and packages are machine readable and conform to the applicable standards. The contractor shall use an automatic identification technology device for this verification that has been programmed to the requirements of Appendix A, MIL-STD-130, latest version.(ii) The issuing agency code-(A) Shall not be placed on the item; and(B) Shall be derived from the data qualifier for the enterprise identifier.(d) For each item that requires item unique identification under paragraph (c)(1)(i), (ii), or (iv) of this clause or when item unique identification is provided under paragraph (c)(1)(v), in addition to the information provided as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the Contractor shall report at the time of delivery, as part of the Material Inspection and Receiving Report, the following information:(1) Unique item identifier.(2) Unique item identifier type.(3) Issuing agency code (if concatenated unique item identifier is used).(4) Enterprise identifier (if concatenated unique item identifier is used).(5) Original part number (if there is serialization within the original part number).(6) Lot or batch number (if there is serialization within the lot or batch number).(7) Current part number (optional and only if not the same as the original part number).