246-19-Q-0090.pdf

Notice to Proceed

Wewoka Indian Health Center Indian Health Service

Service Unit of the Oklahoma City IHS Area Office 36640 Highway 270

Wewoka, Oklahoma 74884

SCOPE OF WORK

ACCESS CONTROL

July 25, 2019

I.PURPOSE:

The purpose of this project is to comply with Homeland Presidential Security Directive-12 (HPSD-12) for Physical Access Control Systems (PACS) at the Wewoka Indian Health Center in Wewoka, Oklahoma.

PACS shall be compliant with Federal Information Processing Standards (FIPS) Publication 201-2 and associated documents.

II.ON-SITE VISIT FOR BIDDING:

A. Contractor shall be fully responsible for verifying and validating the design requirements, existing conditions, control room requirements, reader location, door access type for security access controls according to the HPSD-12 directive, Card/Reader Interoperability Requirement Guidelines Document Version 5.0 from the General Services Administration (GSA), and FIPS 201-2. If any of the recommended doors require modifications beyond this scope of work, the contractor shall notify the Contracting Officer immediately.

III. SERVICES TO BE PERFORMED BY THE CONTRACTOR:

A. Period of Performance is for 120 calendar days from the Notice to Proceed date.

B. Contractor shall install an HPSD-12 compliant physical/security access control door readers at the Wewoka Indian Health Center Clinic. Contractor shall ensure that the system maintains compliance with the HPSD-12 directive, FIPS 201-2 and the National Institute of Standards and Technology.

Clinic Building:

1. Provide three (3) doors with HID Keypad/Card Lclass/Proximity reader and Electric Strike Lock with hard wired release button. The Reader shall include the Strike Lock, Strike Pack, Surface Mounted Door Status Contact, Motion Detector, and Single Door Controller. The Controller shall be installed in the IT server room, and integrated into the new software that shall be provided by the contractor which will be utilized to manage readers and/or users. Onsite visit is required to confirm existing equipment.

a. One of the (3) doors is a Dutch door for pharmacy that shall require both halves of the door to be controlled with one (1) key pad.

2. Contractor shall relocate existing hard wired release button in dental lobby entrance door from east wall to south wall.

a) Contractor is required to patch, paint, and repair existing wall after relocation is complete.

Warehouse Building:

1. Remove existing Maglocks from two entry doors, and install a strike system that matches the existing south exterior door, that automatically locks when loss of power.

2. Provide the two doors with a lockable commercial grade stainless steel door knob for each door with core on the exterior door knob and blank on interior of door knob.

3. The locking strikes shall integrate into the existing system.

C. Contractor shall install all necessary software AMAG Symmetry Software Version 8.1 SP1 or Equal:

Symmetry Professional 32 Reader Software – Database (SQL Express) and 1 Client to include (license, and 1 base year plus 4 option years of site support and related components necessary for validating PIV cards via the keypad/card readers, and card readers that is HSPD-12 compliant, and FIPS 201-2 compliant.

a) Wewoka Indian Health Center shall provide Windows 2016 server for the software to be installed on.

b) The maintenance agreement shall include software updates to stay in compliance with HSPD-

12, and FIPS 201-2 as needed.

c) Contractor shall move all current door readers, and card holders from the existing software program to the new software system.

D. Contractor shall coordinate server setup and installation information with the COR.

E. Contractor shall be responsible for all door modifications deemed necessary for installing the security access system to the recommended doors. Existing door latching hardware are okay to be used as currently configured except where identified as not allowed in this scope of work.

F. Door hardware applied to any fire-rated door shall meet the requirements for fire-rated doors according to NFPA 101 Life Safety Code, NFPA 80 Standard for Fire Doors and other Protective Openings, and IBC code requirements.

G. Contractor shall provide all labor, materials, supplies, tools, equipment, transportation, supervision and other items necessary to complete the work as described in the scope of work while performing all work in a professional manner in complete compliance with all applicable laws, rules, regulations, codes, and standards. Common trades which shall be needed include: carpentry, electrical, laborers, power equipment operators, painters, including trades identified in the Davis Bacon Wage Determination, and other trades common to the construction industry.

H. Contractor shall use U.L. Listed or Classified, 2 hour fire-rating or higher fire stop sealant for commercial use (no residential-rated fire sealant allowed) when penetrating fire and smoke barriers in the hospital, as approved by the Contracting Officer Representative. Contractor shall also keep track of all fire/smoke wall penetrations on a map provided by the Contracting Officer Representative which shall be inspected during the project and at the end of the project.

I. Contractor shall provide the following:

1. All operator, installation, and technical manuals for all equipment, modules and units installed.

2. On-line or tech support by phone shall be provided for a period of one year from the date of acceptance.

3. Wires, cables, switches, indicators, boxes, units, and other peripheral devices are to be permanently labeled and/or marked in accordance with industry installation standards.

4. A drawing/schematic of the system in its entirety and individual units as well as a parts list as is applicable are to be supplied to facilitate future updates, troubleshooting and repair of the system.

5. Only new cables, wires and equipment are to be installed. No wire runs from any door access or any junction box are to be utilized for the purpose of splicing unless it is in the schematic documentation and allocated as to have no definable drop in signal level or any distortion of signal information and is to be documented on the wiring diagram and schematics to be supplied and approved prior to utilizing a splice.

6. Cabling installed above the ceiling shall be installed three feet or higher where practical using J-hooks with plastic keepers or other cable management hardware approved by the Contracting Officer Representative.

7. All wiring and installations are to be in concordance with the NEC and the NFPA, as is applicable, latest updated edition.

8. All smoke/fire wall penetrations shall be sealed with the appropriate fire-rated sealant and proper fire-rated material enclosure for larger penetrations. No PVC is allowed. Use of existing penetrations is preferred when possible. Penetrations shall be inspected by Facilities Management before acceptance of work performed. No cables or other items shall be connected/hung from the sprinkler piping.

J. The door readers shall be HPSD-12 compliant and operational according to new FIPS-201-2 PIV badge requirements for U.S. Federal Government agencies. Also, badge systems for this installation shall be in accordance with Federal Vendor Bearing Point/Deloitte Systems as contracted out by the Department of Homeland Security and as accepted and approved by the HHS and IHS departments.

The keypad card readers and card readers shall abide by the following:

a. Card reader with key pad, HID pivCLASS RPKCL40

• Shall work with authentication and other related software installed.

• Shall read government-issued PIV cards using both the contact and contactless card interface

• Shall read proximity cards using a contactless interface. IHS currently uses HID proximity cards.

• Shall meet FIPS 201-2 and NIST SP 800-116 requirements for strong PIV card authentication capability.

• IHS does not require use of HID PAMs at this time; however, reader shall require capability of PAM use/configuration in the future.

• Reader shall currently use a PACS PIN, Wiegand Mode

• Reader shall be in black housing.

K. All open frequencies used shall be in a frequency band that is approved by the FCC for that particular item and shall be a band that shall not interfere with any other medical device used in the facility now or later as is used in in other health facilities. Equipment used includes, telemetry, radiographic DR, two way radios, pagers, remote controls, cell phones, and wireless computer frequencies, frequencies emitted by the use of fluorescent lights used throughout the clinic and used in medical treatment/therapy.

L. All door readers are to be within normal door proximity with COR having final approval of location.

It is mandatory that these be multi-card type and fully FIPS-201-2 compliant for use with the Government ID card systems.

M. Space shall be made available for all controls and equipment by the facility, within reason, as required by the contractor.

N. All security systems and doors shall be fully protected from power surges by surge protectors and loss of nominal city power by a UPS system that shall allow the system to remain online for a minimum of two hours.

O. Contract Specialist shall coordinate a tour with the Contracting Officer Representative and

Contractor with a punch list towards the end of the project or when deemed necessary by the Contracting Officer Representative to correct any and all issues found before the acceptance of the work is made by the facility.

P. Contractor shall provide training for facility staff that shall be in charge of operating the system.

Q. The Contractor shall warrant all materials and workmanship under this contract in accordance with

FAR Clause 52.246-21 “Warranty of Construction” (Mar 1994). This warranty shall continue for a period of one year from the date of final acceptance of the work. If the hospital takes possession of any part of the work before final acceptance, this warranty shall continue for a period of one year from the date the hospital takes possession.

SAFETY COMPLIANCE:

1. Contractor shall abide by all Safety, Security, and Infection Control Policies and Procedures of the Wewoka Indian Health Center. The contractor shall be responsible for all means and methods as they relate to safety and shall comply with all applicable local, state, and federal requirements that are safety related. Safety shall be the responsibility of the contractor. All related personnel shall be instructed daily to be mindful of the full time requirement to maintain a safe environment for themselves (including wearing proper PPE), the facility’s occupants including staff, visitors, and the other contractors on or near the site.

2. Contractor shall not restrict or compromise fire safety emergency egress or patient flow entry/exit of the building without coordination from Facility Management. Any restrictions or compromise for safety shall be coordinated with the Facility Operations Specialist.

3. Contractor shall clean up the work area daily. SDS shall be provided before work begins for approval by the COR, for any applicable products used during the project.

4. Contractor shall comply with Federal laws and standards for all trades. Contractor shall conform to, and comply with, the latest edition/version of ALL applicable federal, state, and local laws, rules, regulations, codes, and standards, including applicable NFPA 101 Life Safety Codes, International Building Code, NFPA 99 Health Care Facilities, NFPA 70 National Electrical Code, and NFPA 72 Fire Alarm Codes.

5. Government shall provide:

a. Onsite Access System Server and installation for software installation.

b. Current backup of the system to be loaded onto the new server.

c. The data backup for the vendor to load the server and test before coming on site to cut over the new system.

d. Programming of the access cards.

e. Door names and security clearance levels.

f. Any schedules to be input in the system.

g. Supply 110vac where required.

h. Supply a network address and connection to the data gathering panel and server.

SPECIAL CONDITIONS:

1. All trades shall comply with all applicable laws and standards. The contractor shall review procedures with respect to Life Safety and Infection Control measures prior to beginning inspection job.

a. OSHA standard 1926.28 Personal Protective Equipment (PPE).

b. ILSM (Interim Life Safety Hospital Measures) Policy-Part A, Chapter 10, Section 14.

c. Guideline for environmental and infection control for Health Care Facilities 2003.

d. Infection Control Risk Assessment (ICRA) Policy-Part A, Chapter 10, Section 14.1.

2. Contractor shall comply with all of the health safety regulations required for this job.

a. Control risk assessment per type of project of activity per matrix of precaution for construction and renovation-Type 1-5 according to the policy on “Infection Control during Construction and Renovation.”

3. Contractor shall obtain and abide by any special permits needed to complete the contract. This includes Hot Work permits, Above-the-ceiling permits, etc. Permit applications shall be submitted to Contracting Officer Representative.

SUBMITTALS:

1. Submittals may be drawings, sketches, manufacturer’s literature, catalog descriptions, or other descriptions in sufficient detail to allow a decision. Submittals shall be required as follows:

a. Submittals shall be provided where called for in the Scope of Work or on the drawings.

b. For any item the contractor proposes to substitute for a specified item as same “or equal”.

c. For any proposed design change or deviation from the Scope of Work or the drawings.

d. For anything in the plans or Scope of Work found to conflict with applicable codes and standards.

e. Contractor shall provide electronic submittals and any MFG signed & dated warranties

2. Contractor shall provide submittals for IHS COR review and approval. IHS COR shall respond within 7 work days with either an approval, return for correction, or disapproval.

GENERAL:

1. The Contractor shall have access to the Clinic Building Server room only Monday thru Friday, 8:00

A.M. – 7:30 P.M., to install, configure, and test equipment and/or software. Access to the building and parking shall be controlled by the Facility Management Department.

2. The Contractor shall have access to the Warehouse Building only Monday thru Friday, 8:00 A.M.

– 7:30 P.M., to install equipment. Access to the building, and parking shall be controlled by the Facility Management Department.

3. The Contractor shall run all cabling, electrical, data cables, and equipment located outside the server room after normal business hours. Monday thru Friday 5:30 P.M. to 10:00 P.M.

4. After award, contractor shall complete the Pre-Employment Clearance and Background Investigation Requirement for all individuals that shall be working on this project.

5. Contractor shall be responsible for furnishing to the Government an access roster with the names off all employees performing work on the project and shall be responsible for ensuring the access roster is current throughout the contract performance period.

6. Contractor shall sign in, obtain a contractor ID badge before beginning work at the facility, and sign out and return badge at the end of each day.

7. All applicable documents shall be distributed to the Contracting Officer and COR.

8. The Wewoka Indian Health Center is a United States Federal government facility that is a tobacco/smoke free environment (building and grounds). No tobacco/smoking shall be tolerated during the construction.

9. The public restroom facilities may be used by the Contractors.

The contractor shall perform in accordance with Section 231 of the Crime Control Act of 1990, P.L. 101- 647 and the Indian Child Protection and Family Violence Prevention Act, P.L. 101-630, and failure to comply with these statutes shall result in immediate removal.

A.1 NOTICE LISTING CLAUSES INCORPORATED BY REFERENCE

The following clauses are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR “52.252-2 CLAUSES INCORPORATED BY REFERENCE” contained in this document. FAR 52.252-2 contains the internet address for electronic access to the full text of a clause.

NUMBER TITLE DATE

52.204-7 SYSTEM FOR AWARD MANAGEMENT OCT 2018

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR JAN 2011

PERSONNEL

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.222-12 CONTRACT TERMINATION – DEBARMENT MAY 2014

52.236-2 DIFFERING SITE CONDITIONS APR 1984

52.236-5 MATERIAL AND WORKMANSHIP APR 1984

52.236-6 SUPERINDENCE BY THE CONTRACTOR APR 1984

52.236-7 PERMITS AND RESPONSIBILITIES NOV 1991

52.236-12 CLEANING UP APR 1984

52.236-13 ACCIDENT PREVENTION NOV 1991

52.236-15 SCHEDULE FOR CONSTRUCTION CONTRACTS APR 1994

52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION FEB 1997

52.236-26 PRECONSTRUCTION CONFERENCE FEB 1995

52.237-1 SITE VISIT APR 1984

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, APR 1984

AND VEGETATION

52.242-14 SUSPENSION OF WORK APR 1984

52.242-17 GOVERNMENT DELAY OF WORK APR 1984

52.243-1 CHANGES—FIXED PRICE AUG 1987

52.243-1 CHANGES—FIXED PRICE ALTERNATE I (APR 1984) AUG 1987

52.245-1 GOVERNMENT PROPERTY JAN 2017

52.245-9 USE AND CHARGES APR 2012

52.249-4 TERMINATION FOR CONVENIENCE OF THE APR 1984

GOVERNMENT (SERVICES)

352.224-70 PRIVACY ACT DEC 2015

352.224-71 CONFIDENTIAL INFORMATION DEC 2015

352.226-1 INDIAN PREFERENCE DEC 2015

352.226-2 INDIAN PREFERENCE PROGRAM DEC 2015

352.239-73 ELECTRONIC AND INFORMATION TECHNOLOGY ACCESSIBILITY DEC 2015

NOTICE

352.239-74 ELECTRONIC AND INFORMATION TECHNOLOGY ACCESSIBILITY DEC 2015

A.2 52.213-4 Terms and Conditions—Simplified Acquisitions (Other Than Commercial Items).

(AUG 2019)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_203-19

(ii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iii) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(iv) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

(vii) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(viii) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C.3553).

(ix) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub.L.108-77, 108-78 (19 U.S.C.

3805 note)).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (Apr 1984).

(ii) 52.232-8, Discounts for Prompt Payment (Feb 2002).

(iii) 52.232-11, Extras (Apr 1984).

(iv) 52.232-25, Prompt Payment (Jan 2017).

(v) 52.232-39, Unenforceability of Unauthorized Obligations (Jun 2013).

(vi) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec2013)

(vii) 52.233-1, Disputes (May2014).

(viii) 52.244-6, Subcontracts for Commercial Items (Aug 2019).

(ix) 52.253-1, Computer Generated Forms (Jan 1991).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018)(Pub. L.

109-282) (31 U.S.C. 6101 note) (Applies to contracts valued at $30,000 or more).

(ii) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2018) (E.O.13126) (Applies to contracts for supplies exceeding the micro-purchase threshold.)

(iii) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (May 2014) (41 U.S.C.chapter 65) (Applies to supply contracts over $15,000 in the United States, Puerto Rico, or the U.S. Virgin Islands).

(iv) 52.222-35, Equal Opportunity for Veterans (Oct2015) (38 U.S.C.4212) (applies to contracts of $150,000 or more).

(v) 52.222-36, Equal Employment for Workers with Disabilities (Jul 2014) (29 U.S.C.793) (Applies to contracts over $15,000, unless the work is to be performed outside the United States by employees recruited outside the United States.) (For purposes of this clause, “United States” includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id189A70O0P1N https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#unique_1301136027 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055332 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055713 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055793 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1054249 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1048661 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1048698 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1049385 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1049559 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1049598 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1050125 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1050840 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1050853 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1048610 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1048410 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1045361 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1064087 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055664 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055699 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056230 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056250 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

(vi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C.4212) (Applies to contracts of $150,000 or more).

(vii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C.chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).

(viii)

(A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627) (Applies to all solicitations and contracts).

(B) Alternate I (Mar 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies).

(ix) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (Applies when 52.222- 6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia)).

(x) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.))

(xi) 52.223-5, Pollution Prevention and Right-to-Know Information (May2011) (E.O. 13423) (Applies to services performed on Federal facilities).

(xii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693)(applies to contracts for products as prescribed at FAR 23.804(a)(1)).

(xiii) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun2016) (E.O. 13693) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).

(xiv) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR® Program or Federal Energy Management Program (FEMP)) will be-

(A) Delivered;

(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;

(C) Furnished by the Contractor for use by the Government; or

(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance).

(xv) 52.223-20, Aerosols (Jun 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).

(xvi) 52.223-21, Foams (Jun 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent; or contracts for construction of buildings or facilities.

(xvii) 52.225-1, Buy American-Supplies (May2014) (41 U.S.C.chapter 67) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold and the acquisition-https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056265 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_222_41 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-chapter67-front&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056535 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056818 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_222_6 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_222_6 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_222_41 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_222_62 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_222_6 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_222_41 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053050 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053180 https://www.acquisition.gov/content/part-23-environment-energy-and-water-efficiency-renewable-energy-technologies-occupational#i1094309 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053196 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053246 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-23-environment-energy-and-water-efficiency-renewable-energy-technologies-occupational#i1094902 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_223_20 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id1668D08086F https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053372 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

(A) Is set aside for small business concerns; or

(B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000).

(xviii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C.

1792) (Applies to contracts greater than $25,000 that provide for the provision, the service, or the sale of food in the United States).

(xix) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2013)(Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) as its source of EFT information).

(xx) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information).

(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.App.1241) (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d)).

(2) Listed below are additional clauses that may apply:

(i) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (Jun 2016) (Applies to contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system.

(ii) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (Applies to contracts over $35,000).

(iii) 52.211-17, Delivery of Excess Quantities (Sept 1989) (Applies to fixed-price supplies).

(iv) 52.247-29, F.o.b. Origin (Feb 2006) (Applies to supplies if delivery is f.o.b. origin).

(v) 52.247-34, F.o.b. Destination (Nov 1991) (Applies to supplies if delivery is f.o.b. destination).

(c) FAR 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):

www.acquisition.gov

(d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights-

(1) Within a reasonable period of time after the defect was discovered or should have been discovered;

and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy https://www.acquisition.gov/content/part-19-small-business-programs#i1100762 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1055065 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1050674 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1050705 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1046560 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-47-transportation#i1069858 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id1669B0A0E67 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1062590 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063119 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1045849 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1046022 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1045305 http://www.acquisition.gov/ such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

(g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance.

In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(End of clause)

A.3 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 (60) sixty days.

A.4 52.219-14 LIMITATIONS ON SUBCONTRACTING (Jan 2017)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Applicability. This clause applies only to—

(1) Contracts that have been set aside or reserved for small business concerns or 8(a) participants;

(2) Part or parts of a multiple-award contract that have been set aside for small business concerns or 8(a) participants; and

(3) Orders set aside for small business or 8(a) participants under multiple-award contracts as described in

8.405-5 and 16.505(b)(2)(i)(F).

(c) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract in the case of a contract for—

(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

(3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

(4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

(End of clause)

A.5 52.219-16 LIQUIDATED DAMAGES—SUBCONTRACTING PLAN (JAN 1999)

(a) “Failure to make a good faith effort to comply with the subcontracting plan,” as used in this clause, means a willful or intentional failure to perform in accordance with the requirements of the subcontracting plan approved under the clause in this contract entitled “Small Business Subcontracting Plan,” or willful or intentional action to frustrate the plan.

(b) Performance shall be measured by applying the percentage goals to the total actual subcontracting dollars or, if a commercial plan is involved, to the pro rata share of actual subcontracting dollars attributable to

Government contracts covered by the commercial plan. If, at contract completion or, in the case of a commercial plan, at the close of the fiscal year for which the plan is applicable, the Contractor has failed to meet its subcontracting goals and the Contracting Officer decides in accordance with paragraph (c) of this clause that the

Contractor failed to make a good faith effort to comply with its subcontracting plan, established in accordance with the clause in this contract entitled “Small Business Subcontracting Plan,” the Contractor shall pay the

Government liquidated damages in an amount stated. The amount of probable damages attributable to the

Contractor’s failure to comply shall be an amount equal to the actual dollar amount by which the Contractor failed to achieve each subcontract goal.

(c) Before the Contracting Officer makes a final decision that the Contractor has failed to make such good faith effort, the Contracting Officer shall give the Contractor written notice specifying the failure and permitting the Contractor to demonstrate what good faith efforts have been made and to discuss the matter. Failure to respond to the notice may be taken as an admission that no valid explanation exists. If, after consideration of all the pertinent data, the Contracting Officer finds that the Contractor failed to make a good faith effort to comply with the subcontracting plan, the Contracting Officer shall issue a final decision to that effect and require that the

Contractor pay the Government liquidated damages as provided in paragraph (b) of this clause.

(d) With respect to commercial plans, the Contracting Officer who approved the plan will perform the functions of the Contracting Officer under this clause on behalf of all agencies with contracts covered by the commercial plan.

(e) The Contractor shall have the right of appeal, under the clause in this contract entitled, Disputes, from any final decision of the Contracting Officer.

(f) Liquidated damages shall be in addition to any other remedies that the Government may have.

A.6 52.223-6 Drug-Free Workplace. (MAY 2001)

(a) Definitions. As used in this clause—

“Controlled substance” means a controlled substance in schedules I through V of section 202 of the

Controlled Substances Act (21 U.S.C. 812) and as further defined in regulation at 21 CFR 1308.11 - 1308.15.

http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t21t25+2+58++%2821%29%20%20AND%20%28%2821%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

“Conviction” means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes.

“Criminal drug statute” means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, possession, or use of any controlled substance.

“Drug-free workplace” means the site(s) for the performance of work done by the Contractor in connection with a specific contract where employees of the Contractor are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance.

“Employee” means an employee of a Contractor directly engaged in the performance of work under a

Government contract. “Directly engaged” is defined to include all direct cost employees and any other Contractor employee who has other than a minimal impact or involvement in contract performance.

“Individual” means an offeror/contractor that has no more than one employee including the offeror/contractor.

(b) The Contractor, if other than an individual, shall—within 30 days after award (unless a longer period is agreed to in writing for contracts of 30 days or more performance duration), or as soon as possible for contracts of less than 30 days performance duration—

(1) Publish a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the Contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition;

(2) Establish an ongoing drug-free awareness program to inform such employees about—

(i) The dangers of drug abuse in the workplace;

(ii) The Contractor’s policy of maintaining a drug-free workplace;

(iii) Any available drug counseling, rehabilitation, and employee assistance programs; and

(iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;

(3) Provide all employees engaged in performance of the contract with a copy of the statement required by paragraph (b)(1) of this clause;

(4) Notify such employees in writing in the statement required by paragraph (b)(1) of this clause that, as a condition of continued employment on this contract, the employee will—

(i) Abide by the terms of the statement; and

(ii) Notify the employer in writing of the employee’s conviction under a criminal drug statute for a violation occurring in the workplace no later than 5 days after such conviction;

(5) Notify the Contracting Officer in writing within 10 days after receiving notice under subdivision (b)(4)(ii) of this clause, from an employee or otherwise receiving actual notice of such conviction.

The notice shall include the position title of the employee;

(6) Within 30 days after receiving notice under subdivision (b)(4)(ii) of this clause of a conviction, take one of the following actions with respect to any employee who is convicted of a drug abuse violation occurring in the workplace:

(i) Taking appropriate personnel action against such employee, up to and including termination; or

(ii) Require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; and

(7) Make a good faith effort to maintain a drug-free workplace through implementation of paragraphs (b)(1) through (b)(6) of this clause.

(c) The Contractor, if an individual, agrees by award of the contract or acceptance of a purchase order, not to engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance while performing this contract.

(d) In addition to other remedies available to the Government, the Contractor’s failure to comply with the requirements of paragraph (b) or (c) of this clause may, pursuant to FAR 23.506, render the Contractor subject to suspension of contract payments, termination of the contract or default, and suspension or debarment.

A-7. FAR 52.232-40 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS (Dec 2013)

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt

Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

A-8. HEALTH & HUMAN SERVICE ACQUISITION REGULATIONS (HHSAR) Clauses

HHSAR 352.224-70 Privacy Act (December 2015)

This contract requires the Contractor to perform one or more of the following: (a) design; (b) develop; or (c) operate a Federal agency system of records to accomplish an agency function in accordance with the Privacy Act of 1974 (Act) (5 U.S.C. 552a(m)(1)) and applicable agency regulations.

The term system of records means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. Violations of the Act by the Contractor and/or its employees may result in the imposition of criminal penalties (5 U.S.C. 552a(i)).

The Contractor shall ensure that each of its employees knows the prescribed rules of conduct in 45 CFR part 5b and that each employee is aware that he/she is subject to criminal penalties for violation of the Act to the same extent as Department of Health and Human Services employees. These provisions also apply to all subcontracts the Contractor awards under this contract which require the design, development or operation of the designated system(s) of records (5 U.S.C. 552a(m)(1)). The contract work statement:

https://www.acquisition.gov/FAR/current/html/Subpart%2023_5.html#wp1086910

(a) Identifies the system(s) of records and the design, development, or operation work the Contractor is to perform; and

(b) Specifies the disposition to be made of such records upon completion of contract performance.

HHSAR 352.237-70 Pro-Children Act (DEC 2015)

(a) Public Law 103-227, Title X, Part C, also known as the Pro-Children Act of 1994 (Act), 20 U.S.C. 7183, imposes restrictions on smoking in facilities where certain federally funded children's services are provided. The Act prohibits smoking within any indoor facility (or portion thereof), whether owned, leased, or contracted for, that is used for the routine or regular provision of: (i) kindergarten, elementary, or secondary education or library services or (ii) health or day care services that are provided to children under the age of 18. The statutory prohibition also applies to indoor facilities that are constructed, operated, or maintained with Federal funds.

(b) By acceptance of this contract or order, the Contractor agrees to comply with the requirements of the Act.

The Act also applies to all subcontracts awarded under this contract for the specified children's services.

Accordingly, the Contractor shall ensure that each of its employees, and any subcontractor staff, is made aware of, understands, and complies with the provisions of the Act. Failure to comply with the Act may result in the imposition of a civil monetary penalty in an amount not to exceed $1,000 for each violation and/or the imposition of an administrative compliance order on the responsible entity. Each day a violation continues constitutes a separate violation.

HHSAR 352.237-71 Crime Control Act—Reporting of Child…