Physics Survey Imaging Equipment
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 and FAR Part 13 Simplified Acquisition Procedures, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The solicitation number is W81K00-18-Q-0272 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 2005-95 and Defense Federal Acquisition Regulation Supplement Publication Notice (DPN) 20161222.
This solicitation is for Annual Radiological equipment (Physics) Survey for the US Army MEDCOM, Evans Army Community Hospital, Fort Carson, Colorado. The Delivery requirement will be on an annual basis to include 2 off schedule Physics Survey from 1 October 2018 through 30 September 2019 plus four 12 month option years. The associated North American Industrial Classification System (NAICS) code for this procurement is 541690, with a size standard of 15,000,000 employees. This procurement is being conducted as a Small Business Set Aside. All eligible businesses may submit an offer, which will be considered. Offers are due by 27 August 2018, at 10:00 AM, Central Standard Time. The point of contact is Mr. Gerry Coleman at (210) 221-6365 or Gerry.D.Coleman.civ@mail.mil. Offers shall be submitted via e-mail.
Questions shall be submitted via e-mail not later than 25 August 2018. No questions will be entertained after this date.
The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform radiological equipment safety surveys and radiation use evaluations for all medical utilizing diagnostic radiography equipment and operation procedures as defined in this Performance Work Statement except for those items specified as government furnished property and services. The contractor shall perform to the standards in the PWS.
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT AMOUNT
0001 1 Job
Physics Survey Imaging Equipment FFP
Annual Radiation (Physics) Survey per PWS on the following type of radiology imaging equipment: To Include 2 off Schedule Physics Survey:
COMPUTED TOMOGRAPHY (CT) SYSTEM = 1 unit MAMMOGRAPHY (FFDM) DIGITAL SYSTEM = 1 unit MAGNETIC RESONANCE IMAGING (MRI) SYSTEMS = 2 units NUCLEAR MEDICINE SPECT/CT SYSTEM (HYBRID) = 1 unit NUCLEAR MEDICINE SPECT AND PLANAR SYSTEMS = 3 units
Period Of Performance: 1 October 2018 - 30 September 2019
FOB: Destination
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT AMOUNT 0002 CMR 1 Job
FFP
Contract Manpower Report.
FOB: Destination
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT AMOUNT
1001 1 Job
Physics Survey Imaging Equipment FFP
Annual Radiation (Physics) Survey per PWS on the following type of radiology imaging equipment: To Include 2 off Schedule Physics Survey:
COMPUTED TOMOGRAPHY (CT) SYSTEM = 1 unit MAMMOGRAPHY (FFDM) DIGITAL SYSTEM = 1 unit MAGNETIC RESONANCE IMAGING (MRI) SYSTEMS = 2 units NUCLEAR MEDICINE SPECT/CT SYSTEM (HYBRID) = 1 unit NUCLEAR MEDICINE SPECT AND PLANAR SYSTEMS = 3 units
Period Of Performance: 1 October 2019 - 30 September 2020
FOB: Destination
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT AMOUNT 1002 CMR 1 Job
FFP
Contract Manpower Report.
FOB: Destination
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT AMOUNT
2001 1 Job
Physics Survey Imaging Equipment FFP
Annual Radiation (Physics) Survey per PWS on the following type of radiology imaging equipment: To Include 2 off Schedule Physics Survey:
COMPUTED TOMOGRAPHY (CT) SYSTEM = 1 unit MAMMOGRAPHY (FFDM) DIGITAL SYSTEM = 1 unit MAGNETIC RESONANCE IMAGING (MRI) SYSTEMS = 2 units NUCLEAR MEDICINE SPECT/CT SYSTEM (HYBRID) = 1 unit NUCLEAR MEDICINE SPECT AND PLANAR SYSTEMS = 3 units
Period Of Performance: 1 October 2020 - 30 September 2021
FOB: Destination
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT AMOUNT 2002 CMR 1 Job
FFP
Contract Manpower Report.
FOB: Destination
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT AMOUNT
3001 1 Job
Physics Survey Imaging Equipment FFP
Annual Radiation (Physics) Survey per PWS on the following type of radiology imaging equipment: To Include 2 off Schedule Physics Survey:
COMPUTED TOMOGRAPHY (CT) SYSTEM = 1 unit MAMMOGRAPHY (FFDM) DIGITAL SYSTEM = 1 unit MAGNETIC RESONANCE IMAGING (MRI) SYSTEMS = 2 units NUCLEAR MEDICINE SPECT/CT SYSTEM (HYBRID) = 1 unit NUCLEAR MEDICINE SPECT AND PLANAR SYSTEMS = 3 units
Period Of Performance: 1 October 2021 - 30 September 2022
FOB: Destination
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT AMOUNT 3002 CMR 1 Job
FFP
Contract Manpower Report.
FOB: Destination
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT AMOUNT
4001 1 Job
Physics Survey Imaging Equipment FFP
Annual Radiation (Physics) Survey per PWS on the following type of radiology imaging equipment: To Include 2 off Schedule Physics Survey:
COMPUTED TOMOGRAPHY (CT) SYSTEM = 1 unit MAMMOGRAPHY (FFDM) DIGITAL SYSTEM = 1 unit MAGNETIC RESONANCE IMAGING (MRI) SYSTEMS = 2 units NUCLEAR MEDICINE SPECT/CT SYSTEM (HYBRID) = 1 unit NUCLEAR MEDICINE SPECT AND PLANAR SYSTEMS = 3 units
Period Of Performance: 1 October 2022 - 30 September 2023
FOB: Destination
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT AMOUNT 4002 CMR 1 Job
FFP
Contract Manpower Report.
FOB: Destination
TOTAL AMOUNT:
PWS
1. GENERAL: This is a non-personnel services contract to provide physics survey of diagnostic radiological and medical equipment. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.
1.1 Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform radiological equipment safety surveys and radiation use evaluations for all medical utilizing diagnostic radiography equipment and operation procedures as defined in this Performance Work Statement except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.
1.2 EQUIPMENT: The Radiation (Physics) Survey will be performed on the following types of radiology imaging equipment:
a. COMPUTED TOMOGRAPHY (CT) SYSTEM = 1 unit
b. MAMMOGRAPHY (FFDM) DIGITAL SYSTEM = 1 unit
c. MAGNETIC RESONANCE IMAGING (MRI) SYSTEMS = 2units
d. NUCLEAR MEDICINE SPECT/CT SYSTEM (HYBRID) = 1 unit
e. NUCLEAR MEDICINE SPECT AND PLANAR SYSTEMS = 3 units
1.2.1 Background: Evans Army Community Hospital requires compliance surveys for radiological equipment as directed by the U.S. Food and Drug Administration's (FDA): Title 21 (21CFR1020.30) requirements contained in BRH "Routine Compliance Testing for Diagnostic X-ray Systems or Components of Diagnostic X-ray Systems to which 21 CFR Subchapter J is Applicable", Revised December 1980, DHEW Publication (FDA) 81-8161 and TB Med 521, para. 5-4 and under The Joint Commission's Diagnostic Imaging Standards effective July 1, 2015 including all later revisions.
1.3 Objectives: To award a contract to a contractor capable of performing radiological equipment safety surveys and radiation use evaluations for all medical and dental facilities utilizing diagnostic radiography equipment and operation procedures
1.4 Scope: The Contractor shall complete annual radiation safety and compliance surveys of identified X-ray and diagnostic medical imaging equipment at Evans Army Community Hospital to identify which system(s) fail to comply with applicable performance standard requirements so management can pursue actions to protect employee-workers, patients and the public from unnecessary radiation exposure and health safety hazard/risks.
1.4.1 The Contractor shall also conduct "off-schedule" physics survey as necessary, when notified by the COR. An "off-schedule" survey becomes necessary when the facility either has some of its existing X-ray and diagnostic medical imaging equipment repaired or installs new imaging equipment well in advance of its next regularly scheduled medical physics survey. The newly repaired or installed equipment must be surveyed before it can be placed into service. The survey should be conducted as soon as possible after completion of the repair or installation, and no longer than five
(5) business days after such completion to limit machine down time. The same reporting requirement for normally- scheduled physics survey applies to off-schedule surveys. The Contractor must indicate on its invoices which surveys were off-schedule and the reason for the off-schedule physics survey. The facility anticipates that approximately 1-2 off-schedule physics survey will occur during each performance period.
1.5 Period of Performance: The period of performance shall be for one (1) Base Year of 12 months and four (4) 12-month option years The Period of Performance reads as follows:
Base Year
Option Year I
Option Year II
Option Year III
Option Year IV
1.6 General Information
1.6.1 Quality Control The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor's quality control program is the means by which he assures himself that his work complies with the requirement of the contract. After acceptance of
the quality control plan the contractor shall receive the contracting officer's acceptance in writing of any proposed change to his QC system.
1.6.2 Quality Assurance: The government shall evaluate the contractor's performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).
1.6.3 Recognized Holidays: The contractor is not required to perform services on holidays
New Year's Day Labor Day
Martin Luther King Jr.'s Birthday Columbus Day
President's Day Veteran's Day
Memorial Day Thanksgiving Day
Independence Day Christmas Day
1.6.4 Hours of Operation: The contractor is responsible for conducting business, between the hours of 0600-2000 hours Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.
1.6.5 Place of Performance: The work to be performed under this contract will be performed at Department of Radiology, Evans Army Community Hospital, Bldg. 7500, 1650 Cochrane Circle, Fort Carson, CO 80913. There may be instances that radiographic or medical equipment located on off -site clinics will need to be surveyed. Surveyor will be responsible for providing his/her own transportation to and from this location.
1.6.5.1 Identification of Possible Follow-on Work. In the event that the survey's findings reveal non-compliance of regulations, surveyor may be called back for retesting once corrections have been made so that compliance to these regulations can be met.
1.6.6 Type of Contract: The government will award a (Type of contract to be determined by CCE and the customer).
1.6.7 Security Requirements: Contractor personnel performing work under this contract must meet all applicable security requirements at time of the proposal submission, and must maintain the level of security required for the life of the contract. The security requirements are in accordance with the attached ATO/OPSEC requirements form. Surveyor will be around computers that have patient information. However, an EACH Radiology employee will operate these devices and will set up the equipment and there will be no patient information included. All tests will be run using a new study under the name of "Safety Survey". It is possible that the surveyor may be within visual range of patient information during the course of his/her duties while conducting the survey.
1.6.7.1 AT Level I training. This standard language is for contractor employees with an area of performance within an Army controlled installation, facility or area. All contractor employees, to include subcontractor employees, requiring access Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 60 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 65 calendar days after completion of training by all employees and subcontractor personnel. AT level I awareness training is available at the following website: http://jko.jten.mil.
1.6.7.2. Access and General Protection/Security Policy and Procedures. Contractor and all associated sub- contractors employees shall provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security
Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204- 9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.
1.6.7.3 iWATCH Training. The contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 60 calendar days of contract award and within 60 calendar days of new employees commencing performance with the results reported to the COR NLT 65 calendar days after contract award.
1.6.7.1 PHYSICAL Security: The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use at the close of each work period, government facilities, equipment, and materials shall be secured.
1.6.7.2 Key Control. The Contractor shall establish and implement methods of making sure all keys/key cards issued to the Contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering key control that shall be included in the Quality Control Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any occurrences of lost or duplicate keys/key cards to the ContractingOfficer.
1.6.7.2.1. In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the Contracting Officer, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from the monthly payment due the Contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the monthly payment due the Contractor.
1.6.7.2.2. The Contractor shall prohibit the use of Government issued keys/key cards by any persons other than the Contractor's employees. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the Contracting Officer.
1.6.7.3 Lock Combinations. The Contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The Contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations. These procedures shall be included in the Contractor's Quality Control Plan.
1.6.8 Special Qualifications: The contractor is responsible for ensuring all employees possess and maintain current board certification in diagnostic radiology or health physics under the American Board of Radiology or American Board of Medical Physics.
1.6.9 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.
1.6.10 Contracting Officer Representative (COR): The (COR) will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.
1.6.11 Key Personnel: The follow personnel are considered key personnel by the government: Medical Physicist Surveyor The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available between 0600-2200 hours, Monday thru Friday except Federal holidays or when the government facility is closed for administrative reasons. Qualifications for all key personnel are listed below
1.6.12.1 Medical Physicist Surveyor
1.6.12.1.1 Surveyor must be a fully Qualified Medical Physicist, i.e., board certified in diagnostic radiology or board certified medical physicist, certified by the American Board of Radiology or the American Board of Medical Physics.
1.6.12 Identification of Contractor Employees: All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed. The contractor personnel will be required to obtain and wear badges in the performance of this service.
1.6.13 Contractor Travel (If applicable): Contractor may be required to travel to site in support of this PWS. Contractor will be authorized travel expenses consistent with the substantive provisions of the Joint Travel Regulation (JTR) and the limitation of funds specified in this contract. All travel requires Government approval/authorization and notification to the COR. Contractor will be authorized travel expenses consistent with the substantive provisions of the Joint Travel Regulation (JTR) and the limitation of funds specified in this contract. All travel requires Government approval/authorization and notification to theCOR.
1.6.14 Other Direct Costs: N/A
1.6.15 Data Rights: The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.
1.6.16 Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor's mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may effect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.
1.6.17 Phase In /Phase Out Period: To minimize any decreases in productivity and to prevent possible negative impacts on additional services, the Contractor shall have personnel on board, during the 30 day phase in/ phase out periods. During the phase in period, the Contractor shall become familiar with performance requirements in order to commence full performance of services on the contract start date.
1.6.18 Invoicing and Payment
The contractor shall submit itemized invoices after each survey performance of each unit of equipment in accordance with DFARS 252.232-7003. Information regarding WAWF-RA is available on the Internet at https://wawf.eb.mil/.
1.6.19 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, Enterprise Contractor Manpower Application, 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://www.ecmra.mil/Login.aspx The required information includes: (1) Contracting Office, Contracting Officer, Contracting Officer's Technical Representative (COTR) or also know as the Contracting Officer's Representative (COR); (2) Contract number, including task and delivery order number; (2) 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.
PART 2 DEFINITIONS & ACRONYMS
2. DEFINITIONS AND ACRONYMS:
2.1. DEFINITIONS:
2.1.1. CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.
2.1.2. CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.
2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.
2.1.4. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.
2.1.5. DELIVERABLE. Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.
2.1.6. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.
2.1.7. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.
2.1.8. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.
2.1.9. QUALITY ASSURANCE Surveillance Plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.
2.1.10. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.
2.1.11. SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.
2.1.12. WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.
2.1.12. WORK WEEK. Monday through Friday, unless specified otherwise.
2.2. ACRONYMS:
AAPM American Association of Physicists in Medicine
ACOR Alternate Contracting Officer's Representative ACR American College of Radiology
AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation
CCE Contracting Center of Excellence
CFR Code of Federal Regulations
CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative
COTR Contracting Officer's Technical Representative
COTS Commercial-Off-the-Shelf
DA Department of the Army
DD250 Department of Defense Form 250 (Receiving Report)
DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement
DMDC Defense Manpower Data Center
DOD Department of Defense
FAR Federal Acquisition Regulation FDA Food and Drug Administration
HIPAA Health Insurance Portability and Accountability Act of 1996 KO Contracting Officer
OCI Organizational Conflict of Interest
OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs
NRC Nuclear Regulatory Commission PIPO Phase In/Phase Out
POC Point of Contact
PRS Performance Requirements Summary
PWS Performance Work Statement
QA Quality Assurance
QAP Quality Assurance Program
QASP Quality Assurance Surveillance Plan
QC Quality Control
QCP Quality Control Program
TE Technical Exhibit
PART 3
GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES
3. GOVERNMENT FURNISHED ITEMS ANDSERVICES:
3.1. Services: The Government will provide a representative to provide access and assist in operating the equipment being tested and surveyed as well as performance monitoring, on-site review and other assistance as needed.
3.2 Facilities: The Government will provide the necessary workspace for the contractor staff to provide the support outlined in the PWS to include desk space, telephones, computers, and other items necessary to maintain an office environment
3.3 Utilities: The Government will provide all utilities in the facility will be available for the contractor's use in performance of tasks outlined in this PWS The Contractor shall instruct employees in utilities conservation practices. The contractor shall be responsible for operating under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount to accomplish cleaning vehicles and equipment.
3.4 Equipment : The Government will provide access to the different modality medical equipment to be surveyed as well as fax machines, printers, and lighting that is needed in the performance of this PWS.
3.5 Materials: The Government will provide Standard Operating Procedures and Policies and other reference material
PART 4 CONTRACTOR FURNISHED ITEMS AND SERVICES
4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:
4.1 General): The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Section 3 of this PWS.
4.2 Secret Facility Clearance): N/A
4.3. Materials.
4.4. Equipment The Contractor shall provide all test equipment and phantoms necessary for testing PART 5 SPECIFIC TASKS
5. Specific Tasks:
5.1. Basic Services. The contractor shall provide services for The Radiation (Physics) Survey and will be performed annually on the following types of radiology imaging equipment.
5.2. Task Heading. Task 1: The Radiation (Physics) Survey will be performed on the following types of radiology imaging equipment:
a. COMPUTED TOMOGRAPHY (CT) SYSTEM = 1 unit
b. MAMMOGRAPHY (FFDM) DIGITAL SYSTEM = 1 unit
c. MAGNETIC RESONANCE IMAGING (MRI) SYSTEMS = 2units
d. NUCLEAR MEDICINE SPECT/CT SYSTEM (HYBRID) = 1 unit
e. NUCLEAR MEDICINE SPECT AND PLANAR SYSTEMS = 3 units
5.3 Task 2: Frequency of tasks.
1) There are a total of eight (8) imaging units that are required to be surveyed per year.
2) There are a total of eight (8) scheduled surveys/site visits that are required to be performed per year.
3) There are a total of eight (8) invoices after each scheduled surveys/site visits that are required to be submitted through iRAPT/WAWF per year.
4) Off-schedule surveys/site visits will be invoiced after completion of each individual survey/site visit and submitted to iRAPT/WAWF.
5.4 Task 3: All equipment will be tested as listed in the tables of Appendix B and in accordance with standards by all governing bodies, AAPM, FDA-MQSA, ACR, NRC and The Joint Commission. Further clarification can be found at http://www.aapm.org/pubs/reports/rpt_74.PDF and FDA Title 21 (21CFR1020.30)
5.5 TASK 4: Surveyor requirements.
1) Surveyor must be a fully Qualified Medical Physicist, i.e., board certified in diagnostic radiology or board certified health physicist, certified by the American Board of Radiology or the American Board of Medical Physics.
2) Surveyor shall be required to provide all test equipment and phantoms necessary for testing.
3) Hospital will provide an equipment operator to assist in operating the equipment being tested.
5.6 TASK 5: Survey Documentation.
Surveyor will provide a detailed written report of the survey to include the following
• site visited
• modality tested
• date of test
• test performed
• results of test
• evaluation of findings
All reports will follow the format list at http://www.aapm.org/pubs/reports/rpt_74.PDF and conform to guidelines from the AAPM, FDA-MQSA, ACR, NRC and The Joint Commission.
Contractor will label all equipment with:
• Date of Test
• Results of Test
• Date of Retest (if applicable)
• Initials
5.7 TASK 6: Military Treatment Facility (MTF) Management Controls
1) Survey will be conducted under the escort of a Biomedical Equipment Support Specialist from the Equipment Management Branch (EMB).
2) The EMB representative will provide access, performance monitoring, on-site review, and other assistance as needed.
3) Surveyor will be required to provide all test equipment and phantoms needed to complete the survey.
4) Surveyor will provide documentation of calibration certification of test equipment used.
5) Surveyor will provide a detailed report of work done, findings, and evaluations PART 6 APPLICABLE PUBLICATIONS
6. APPLICABLE PUBLICATIONS (CURRENTEDITIONS)
TB Med 521, para. 5-4.
Joint Commission, Nuclear Regulatory Commission Compliance Regulations FDA Title 21 (21CFR1020.30)
http://www/accessdata.fda.gov/scripts/cdrh/cfdocs/cfcfr/CFRSearch.cfm?FR=1020.30
6.1. The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures.
TB Med 521, para. 5-4.
Joint Commission, Nuclear Regulatory Commission Compliance Regulations FDA Title 21 (21CFR1020.30)
http://www/accessdata.fda.gov/scripts/cdrh/cfdocs/cfcfr/CFRSearch.cfm?FR=1020.30
PART 7 ATTACHMENT/TECHNICAL EXHIBIT LISTING
(Under this section list all attachments and technical exhibits that will be useful for the contractor to submit an appropriate proposal. )
7.1. Attachment/Technical Exhibit List: Attachment 1/Technical Exhibit 1 -
Performance Requirements Summary (This document is required for every PWS. See attached example format.)
7.2. Attachment 2/Technical Exhibit 2 - Deliverables Schedule (This document is required for every PWS. See attached example for format.)
7.3 Attachment 3/Technical Exhibit 3 - Estimated Workload Data (This document should be made available if historical data exists. See attached example for format.)
TECHNICAL EXHIBIT 1
Performance Requirements Summary and Evaluation
The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.
Performance Objective
(The Service required-usually a shall statement) Standard Performance Threshold (This is the maximum error rate. It could possibly be "Zero deviation from standard") Method of Surveillance
PRS # 1.
The contractor shall provide radiological equipment safety survey and radiation use evaluation . The contractor provided
Meet all requirements by all governing bodies i.e. FDA, ACR NRC, The Joint Commission and AAPM. 100% compliance Monitored by COR.
Reviewed by Ch, EMB and RSO.
PRS # 2
The contractor shall provide medical physics survey report
Meet all requirements by governing bodies
i.e. FDA, ACR, NRC, The Joint Commission and AAPM. 100% compliance Monitored by COR.
Reviewed by Ch, EMB and RSO.
PR # 3
Maintains all certifications and licenses in current status.
100% compliance Monitored by COR.
Reviewed by Ch, EMB and RSO.
All medical physicists must be board certified by the American Board of Radiology or the American Board of Medical Physics
PRS # 4
Contract Manpower Reporting (CMR) Para 5.7.
Complete CMR Notify COR by the 5th working day due date whether or not completed Review CMR records to
ensure was completed.
COR monitors.
1. CONTRACTOR PERFORMANCE ASSESSMENT REPORT. This report shall be submitted to the Contracting Officer monthly (unless otherwise agreed upon between the Contracting Officer and the Contracting Officer's Representative).
2. PERFORMANCE OF SERVICES. If any of the services do not conform with contract requirements, the Government will require the Contractor to re-perform the services in conformity with contract requirements, at no additional cost to the Government. When the defects in services cannot be corrected due to circumstances, the Government may (1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce the contract price to reflect the reduced value of the services performed. The
KO may exercise appropriate contractual remedy should the Contractor fail to promptly take the necessary action to ensure future performance is in conformity with contract requirements.
When apparent non-satisfactory work is identified, the KO's Representative shall prepare a Contract Discrepancy Report (CDR) and submit to the KO for review, use DD Form 2772. The Contractor shall then be required to respond to the CDR. The Contractor shall explain reasons for substandard performance, how performance will be returned to acceptable levels, and how recurrence of the same or like problems will be prevented. The KO will evaluate the Contractor's explanation, assess its validity, and determine whether it is acceptable.
The Contractor shall be required to correct/eliminate any deficiencies in services in a timely manner. Notification begins when pertinent documents (e.g., Customer Complaint Record or CDR) are issued to the Contractor. Time of notification and correction of all applicable deficiencies should be entered on all Government documents and retained in the contract file. The Government may execute a deduction in payment for non-compliance when validated by the KO.
3. PERFORMANCE RATINGS. The Government will rate past performance using the following performance standards.
Exceptional: Performance meets contractual requirements and exceeds many to the Government's benefit.
VERY GOOD: Performance meets contractual requirements and exceeds some to the Government's benefit.
SATISFACTORY: Performance meets contractual requirements.
MARGINAL: Performance does not meet some contractual requirements.
UNSATISFACTORY: Performance does not meet most contractual requirements and recovery is not likely in a timely manner.
4. Other performance evaluation factors that will be monitored and documented in the Contractor's performance records but cannot be quantified by numerical measurements:
TECHNICAL EXHIBIT 2 DELIVERABLES SCHEDULE
Deliverable Frequency # of Copies Medium/Format Submit To
ATTN: CHIEF, RADIOLOGY DEPARTMENT
BLDG. 7500, 1650 COCHRANE CIRCLE,
Fort Carson, CO
ITEM
NAME ESTIMATED QUANTITY
1
Medical Physicist Surveyor 64 hrs.
Delivery Information:
Delivery Date: 1 October 2018 through 30 September 2019 CLAUSES INCORPORATED BY REFERENCE
52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.212-4ADDENDUM
(w) The non-FAR Part 12 discretionary FAR and DFARS clauses included herein are incorporated into this contract either by reference or in full text. If incorporated by reference, see clause 52.252-2 herein for locations where full text can be found.
(End of Addendum)
CLAUSES INCORPORATED BY REFERENCE
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011
52.222-3 Convict Labor JUN 2003
52.222-21 Prohibition Of Segregated Facilities APR 2015
52.222-26 Equal Opportunity SEP 2016
52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014
52.222-50 Combating Trafficking in Persons MAR 2015
52.222-51 Exemption from Application of the Service Contract Labor MAY 2014
Standards to Contracts for Maintenance, Calibration, or
Repair of Certain Equipment--Requirements
52.223-18 Encouraging Contractor Policies To Ban Text Messaging AUG 2011
While Driving
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008
52.232-18 Availability Of Funds APR 1984
52.232-33 Payment by Electronic Funds Transfer--System for Award JUL 2013
Management
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013
52.232-40 Providing Accelerated Payments to Small Business DEC 2013
Subcontractors
52.233-3 Protest After Award AUG 1996
52.233-4 Applicable Law for Breach of Contract Claim OCT 2004
52.237-2 Protection Of Government Buildings, Equipment, And APR 1984
Vegetation
252.203-7000 Requirements Relating to Compensation of Former DoD SEP 2011
Officials
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013
252.204-7000 Disclosure Of Information OCT 2016
252.204-7003 Control Of Government Personnel Work Product APR 1992
252.225-7048 Export-Controlled Items JUN 2013
252.232-7003 Electronic Submission of Payment Requests and Receiving JUN 2012
Reports
252.232-7010 Levies on Contract Payments DEC 2006
CLAUSES INCORPORATED BY FULL TEXT
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015)
(a) Definitions. As used in this clause--
Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of
6 U.S.C. 395(c).
Subsidiary means an entity in which more than 50 percent of the entity is owned--
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
(b) If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period of performance of this contract, the Government may be prohibited from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.
(c) Exceptions to this prohibition are located at 9.108-2.
(d) In the event the Contractor becomes either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting Officer within five business days from the date of the inversionevent.
(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.
(End of clause)
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.
(End of clause)
52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013)
(a) Definitions. As used in this clause--
Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.
Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.
(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
(3) For long-term contracts--
(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.
(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this
rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.
(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.
(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The
Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.
(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.
(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code - 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 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 athttp://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 t
