36C26120R0024_2.docx

36C26120R0024 Section M

1. SOLICITATION NUMBER

2. TYPE OF SOLICITATION

3. DATE ISSUED

PAGE OF PAGES

4. CONTRACT NUMBER

5.

REQUISITION/PURCHASE REQUEST NUMBER

6. PROJECT NUMBER

7. ISSUED BY

CODE

8. ADDRESS OFFER TO

a. NAME

b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE

DOCUMENTS (Title, identifying number, date) 12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

12b. CALENDAR DAYS

13. ADDITIONAL

SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 8/2014)

STANDARD FORM 1442

Prescribed by GSA-FAR (48 CFR) 52.236-1(d)

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION

SOLICITATION

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SEALED BID (IFB)

NEGOTIATED (RFP)

1. The Contractor shall begin performance within ____________ calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See

YES

NO

a.

Sealed offers in original and ___________________copies to perform the work required are due at the place specified in Item 8 by _____________ (hour) local time _____________________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are due.

b.

An offer guarantee is, is not required.

c.

All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d.

Offers providing less than ____ ___________________ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

36C26120R0024 X 06-03-2020 640-18-2-5281-0049 640-19-100 Y 36C261 Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Northern California HealthCare System 150 Muir Road Martinez CA 94553-4668 Y Department of Veterans Affairs Attention: Angela Oppenheimer 150 Muir Road Building AB7, Room AB744 Martinez CA 94553-4668 Angela Oppenheimer 925-372-2354 Project: 640-19-101, Elevator Modernization Project

NAICS CODE: 238290 -- Maintenance and Repair of Miscellaneous Building Equipment Small Business Size Standard: $16.5M IAW VAAR 836.204, magnitude of construction is between $1,000,000 and $2,000,000

Project description: Complete elevator modernization project to include providing all design, material, labor, and equipment to replace and modernize elevator P-5, P06 and S-7 at building 5 of VAPAHCS, Palo Alto Division, 3801 Miranda Avenue, Palo Alto, CA 94304.

The single organized site visit for this RFP has been scheduled as follows:

Date/Time: Wednesday, June 17th, 2020, at 10:30 AM PacificTime Location: VAPAHCS, Palo Alto Division, 3801 M iranda Avenue, Palo Alto, CA 94304. Meeting location is inside building 5, 1st floor, in front of elevators.

Bid, payment and performance bonds shall all be required unde r the RFP and any resultant contract.

In accordance with established public law, all offerors are required to be registered and current in System for Award Management (SAM), the official website at https://sam.gov/SAM/.

This is a total Service-Disabled-Veteran-Owned-Small-Business (SDVOSB) set-aside under public law 109-461.

Prime Contractor shall comply with subcontracting limitations of VAAR 852.219-10.

Resultant contract will be awarded in accordance with FAR Part 15 -- Contracting by Negotiation This procurement is Lowest Price Technically Acceptable selection process in accordance with FAR 15.101-2. Both a technical and price proposal are required. Offerors are strongly encouraged to thoroughly read entire RFP with special emphasis on Sections L and M.

VAAR clause 852.246-75, Guarantee Period Services, is inserted in the solicitation and shall be required.

X X 52.211-10 X

(1) emailed 15:00 07-09-2020 X

14. NAME AND ADDRESS OF OFFEROR

15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE

FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of the solicitation, if this offer is accepted by the Government in writing within __________ calendar days after the date offers are due.

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER 20b.

SIGNATURE

20c. OFFER DATE

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c)( 41 U.S.C. 3304(a) (

26. ADMINISTERED BY

27. PAYMENT WILL BE MADE BY

PHONE:

FAX:

28. NEGOTIATED AGREEMENT

29. AWARD

Your Contractor agrees offer on this solicitation is hereby accepted as to the items listed. This to furnish and deliver all items or perform all work requirements identified award consummates the contract, which consists of (a) the Government on this form and any continuation sheets for the consideration stated in solicitatio n and your offer, and (b) this contract award. No further cont-this contract. The rights and obligations of the parties to this contract ractual document is necessary.

shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31a. NAME OF CONTRACTING OFFICER

TO SIGN

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. AWARD DATE

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

(Include ZIP Code) (Include area code) (Include only if different than Item 14.)

(Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

(The offeror acknowledges receipt of amendments to the solicitation -- give numb er and date of each) (Type or print) (4 copies unless otherwise specified) (Type or print) (Type or print) (Contractor is required to sign this document and return _______ copies to issuing office.)

(Contractor is not required to sign this document.)

(Must be fully completed by offeror) (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

640-3680162-5281-854200-3223-23NRNR001

Y Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Northern California HealthCare System 150 Muir Road Martinez CA 94553-4668 Department of Veterans Affairs FMS-VA-2(101) Financial Services Center PO Box 149971 Austin TX 78714-9971 Angela Oppenheimer Contracting Officer

Table of Contents

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

ITEM INFORMATION

1.00

JB

Provide complete elevator submittals, including shop drawings, calculations, product data and material samples within 60 days of Notice To Proceed.

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 238290 - Other Building Equipment Contractors PRODUCT/SERVICE CODE: J099 - Maint/Repair/Rebuild of Equipment- Miscellaneous

1.00

JB

Modernize elevators per VA approved submittals within 300 days after NTP.

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 238290 - Other Building Equipment Contractors PRODUCT/SERVICE CODE: J099 - Maint/Repair/Rebuild of Equipment- Miscellaneous

GRAND TOTAL

36C26120R0024 Section B

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SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Scope of Work

Replace and Modernize Elevators at Building 5 of VAPAHCS Palo Alto Division

Statement of Services – Contractor shall provide all design, material, labor, and equipment to replace and modernize elevator P-5, P-6, and S-7 at Building 5 of VAPAHCS Palo Alto Division.

Contractor Qualifications Elevator contractor shall be currently and regularly engaged in the installation of elevator equipment as one of the principal products.

Elevator contractor shall have five (5) years of successful experience, trained supervisory personnel, and facilities to install elevator equipment specified herein.

Elevator Mechanic (Installer) shall have passed a Mechanic Examination approved by the U.S. Department of Labor and have technical qualifications of at least five years of experience in the elevator industry or 10,000 hours of field experience working in the elevator industry with technical update training. Apprentices shall be actively pursuing Certified Elevator Mechanic status. Certification shall be submitted for all workers employed in this capacity.

Contractor shall refer to section 1.3 of specification 14-24-00 for other requirements in regarding to welding, electrical work, etc.

Site Location VA Palo Alto Health Care System Palo Alto Division Building 05 3801 Miranda Ave Palo Alto, CA 94304

Specific Areas of Emphasis – The area of work will be at Building 5 of Palo Alto Campus. Contracting Officer’s Representative (COR) will provide site maps of proposed area of work upon request where available. Any questions regarding these details should be referred to the COR.

Statement of Work – Contractor shall provide a comprehensive service to fulfill project requirements as indicated below. Contractor shall perform in a professional manner to ensure long term durability, and meet all applicable standards, and codes. All work shall be done in accordance with, all laws, ordinances, building codes, rules and regulations applying to the work, including, but not limited to VA, Federal, State, County, City, Industry design guides, codes, standards, regulations and policies. Contractor shall work with COR to minimize construction impact to daily operation of VAPAHCS at Livermore Division. Minimum project requirements are listed below.

Description of elevator:

Original Manufacturer: US Elevator Type: Overhead Geared Traction Passenger Capacity: 4000 lbs. (P-5 and P-6) / 5000 lbs. (S-7) Speed: 200 FPM Door Opening: 3’ 6” x 7’ 0”

Description of work:

Contractor shall provide a breakdown bid proposal for each elevator separately Work and new equipment for all elevators to be included at a minimum:

Car Operation Provide new controllers Provide new solid state VVVF drives.

Provide new load weighting Install new anti-nuisance system, car protection operation control system as standard feature.

Provide new code-compliant firefighters’ Service, equipped to operate with a standardized fire service access key per ASME A17.1/CSA B44.

Install with automatic Car Stopping Zone minimum tolerances.

Provide new door operators Verify existing standby power equipment, update operation by code as needed.

Machine Room Equipment Retain existing geared traction machines and install new AC motor. Rebuild existing machines to specifications.

Retain Deflector Sheaves Provide new technologically current encoder components that provide an accurate position of the elevator for leveling purposes.

Provide new elevator machine controller to meet ASME A17.1-2016.

Provide new governors to include encoders that process position detection, feedback from elevator drive, speed checks, and the monitoring of speed limits according to ASME A17.1-2016.

Provide new emergency brake.

Noise/vibration insulation for wall areas of machine room that are vulnerable to generating excessive levels of sound travel.

Hoistway Equipment Retain existing guide rails.

Replace and install new machine sheaves.

Provide new counterweight guide shoes.

Provide new governor and encoder pit tensioning sheaves (see Machine Room Equipment section). Encoder installation tracks the precise location of the elevator and relays the information back to the machine room controller.

Replace and install new hoist and governor ropes Provide new terminal stopping device to be compatible with new control system, per manufacturer’s requirements.

Provide new hoistway equipment wiring. Only electric wiring, raceways, and cables used directly in connection with the elevator shall be permitted inside the hoistway.

Update smoke detectors to include auxiliary wiring to enable Fire Recall Function for elevator controller.

Install new hoistway unlocking devices per currents codes.

Install new hoistway access switches per currents codes.

Install new interior door floor numbers per currents codes.

New pit ladder or all elevator hoistways.

Verify and confirm working condition of smoke detector system in hoistways.

Hoistway Entrance Retain frames and passenger door panels and refinish per VA Interior Design specifications, requests. Including asbestos abatement at where applicable.

Provide new hoistway door tracks and rollers per ASME A17.1 safety codes.

Car Equipment Provide new platform apron. Existing platform apron, not code complaint.

Provide new car guide shoes (please see hoistway equipment section).

Install new door tracks. Replacement to include new hangers, tracks, header, and electrical contact.

Replace and install new door clutch.

Provide new restricted opening device to meet current code requirements.

Provide new Linear Door Operator and control device Provide new car operating panels and cap position indicators per ADA compliance.

Provide new Car top control station according to manufacturer compatibility and safety standards.

Install new communication system in compliance with ADA and ASME A17.1 codes.

Install new Firefighters Control Panel to meet code requirements.

Car Enclosure Retain existing and install new interior panels. Install new ceiling , lighting floor finish, sills, front return panel transom, base, vent, , suspended ceiling, and handrail per VA Interior Design specifications. Shop drawings of interior finishes shall be submitted to COR for approval prior commencing work.

Elevator Hallway/ Lobby Provide new pushbuttons on the central mounting per ADA compliance.

Provide new hall lanterns to meet ADA compliance.

Provide new car position indicator to meet ADA compliance.

Incorporate code complaint elevator signage into fixture design.

Mechanical System Related Items Provide new wall mount HVAC units, sized to meet new, modified loads of the modernized elevators.

Electrical Work-Related Items Provide new individual static IP locations to provide communication for Elevator phones.

Provide new electrical disconnects - single phase; individual fused disconnects for lights and fans as required by code.

Provide new Electrical Disconnects - Three Phase; New individual fused disconnects within sight of machine and controller as required by Code.

Install new LED lighting for machine room and pits/ hoistways.

Scope of Work Period of performance will be 300 days from NTP with 120 days for design and submittals, 120 days for manufacturing/shipping, and 60 days for construction.

Pre-construction inspection to determine appropriate design for the replacement and modernization of elevator P-5, P-6, and S-7 located at Building 5. One elevator shall be performed to government turn over prior to beginning the next to avoid negative impact to facility and patient operations.

Inspect all existing elevator components at building 5 including but not limited to car frames, guiderails, hoist way switches, governors, buffers, doors, door operators, and hoist machines, etc.

Contractor shall confirm the project requirements against site parameters and design to fulfill requirements stated in the scope of work. Contractor shall make recommendations to improve the project requirements if applicable to the COR.

Contractor shall provide a complete design and specifications to COR within 120 days from NTP. The VA has 15 business day from the submission date to review and provide comments.

Contractor is required to revise the design / specifications as many times as needed until the final design is approved by the COR.

Contractor shall not mobilize on site until the design/specifications and submittals are approved by the COR.

Design shall be in accordance with specification 14 series along with all laws, ordinances, building codes, rules and regulations applying to the work, including, but not limited to VA design manual, Federal, State, County, City, Industry design guides, codes, standards, regulations and policies.

Contractor shall develop project specifications in accordance to the 14 series VA specifications and provide to COR for approval.

Contractor is responsible for payments to independent third-party elevator inspection consultant including re-inspection if any until final permit for use is issued.

Contractor shall phase the project to minimize impact to Building 5 normal operation.

Contractor shall identify all required shutdowns, submit MOPs, and all applicable certifications to COR prior to mobilization.

The unit cannot be turned over until it is inspected with the maintenance team to identify any outstanding issues.

The elevator shall be kept out of service by the general public until it has fully completed modernization and been accepted by the VA.

Site Impact of Services and Response – Normal business hours at the VA Palo Alto Health Care System Palo Alto Division are 8:00am to 4:30pm. Special time arrangements can be made by contacting the COR. No work shall be performed before 8:00 am due to local noise ordinance. Should emergency services be required during business hours, contractor will coordinate with COR. Contractor shall perform work after hours and weekends when there is major interruption to daily operation of Building 5. Contractor will abide by all station policies when on site.

Special Notice for Solicitation and any Resultant Contract:

PROJECT / KEY PERSONNEL

In connection with this Solicitation and any resultant contract, any in-house personnel, subcontractors, and outside associates or consultants will be limited to individuals or firms that were specifically identified in the Contractor's accepted Offer or Pre-Construction Conference (PCC) Critical Path if Award is made.

The Contractor shall obtain the Contracting Officer's written approval before making any substitution for these designated in-house personnel, subcontractors, associates, or consultants. If the Contractor proposes a substitution, it shall submit the same type of information that was submitted in the accepted Offer or PCC Critical Path to the Contracting Officer for evaluation and approval. The level of qualifications and experience submitted in the accepted Offer or PCC Critical Path or that required by the Solicitation, whichever is greater, is the minimum standard for any substitution.

SAFETY REQUIREMENTS RELATED TO COVID-19:

Contractors are required to comply with the following required safety protocols to reduce the spread of COVID-19:

1. Follow all CDC guidelines, OSHA requirements, and local county directives regarding COVID-19 precautions.

1. Mandatory Screening:

1. VAPAHCS Staff will screen all individuals entering VAPAHCS campuses. Contractors are required to answer the following questions when entering campus, failure to answer or an affirmative answer to any of these questions will result in denial of entry onto VAPAHCS:

0. Are you experiencing a fever, cough, or shortness of breath?

0. Have you been exposed or in direct contact to anyone who has tested positive for COVID-19?

0. Have you been diagnosed with COVID-19 in the last 14 days?

1. If permitted to enter VAPAHCS property, the individual will be provided a colored band to be worn in a visible location throughout the day. This band will identify the wearer as having been properly screened and is authorized access to the campus for that day. Color of bands change daily.

1. When entering buildings within VAPAHCS campuses, Contractors are required to hand sanitize at established stations.

1. All Contractors are required to wear a face covering. Face coverings are normally cloth and are not considered Personal Protective Equipment (PPE). The face covering must cover the mouth and nose, fit snugly, allow for breathing without restriction, and be laundered daily. Individuals are informed to be careful when removing their face covering and not touch their eyes, nose, and mouth when removing their face covering. Individuals should wash their hands immediately after removing their face covering.

1. SOCIAL DISTANCING

4. All workers must maintain a minimum of 6 feet (1.9 meters) of separation from other workers in all work activities.

4. No groups or gatherings shall be larger than 10 people. Individuals working or visiting the campus shall always maintain a minimum of 6 feet of separation from one another.

4. If workers must perform work with less than 6 feet (1.9 Meters) distance between workers, workers must wear “surgical” type masks (or equal) and appropriate gloves for the work being performed. This PPE requirement is additional to normal PPE required for work on site, or task-specific PPE.

36C26120R0024 Section C

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SECTION D - PACKAGING AND MARKING

[For this Solicitation, there are NO clauses in this Section] 36C26120R0024 Section D

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SECTION E - INSPECTION AND ACCEPTANCE

E.1 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)

(a) Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not—

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) below.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may (1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor or (2) terminate for default the Contractor's right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

36C26120R0024 Section E (End of Clause) Page 1 of Page 1 of

SECTION F - DELIVERIES OR PERFORMANCE

F.1 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 14 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 300 days after receipt of notice to proceed. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

F.2 52.242-14 SUSPENSION OF WORK (APR 1984)

(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government.

(b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Contracting Officer in the administration of this contract, or (2) by the Contracting Officer's failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract.

(c) A claim under this clause shall not be allowed (1) for any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order), and (2) unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract.

36C26120R0024 Section F (End of Clause) Page 1 of Page 1 of

SECTION G - CONTRACT ADMINISTRATION DATA

[For this Solicitation, there are NO clauses in this Section] 36C26120R0024 Section G

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SECTION H - SPECIAL CONTRACT REQUIREMENTS

During performance of this contract, a subcontracting audit may be performed. For your information, the below statement advises of possible penalties for violating subcontracting limitations as stated in clause 852.219-10.

13 CFR 125.6, Penalties. Whoever violates the requirements set forth in paragraph (a)(limitations on subcontracting) of this section shall be subject to the penalties prescribed in 15 U.S.C. 645(d), except that the fine shall be treated as the greater of $500,000 or the dollar amount spent, in excess of permitted levels, by the entity on subcontractors. A party’s failure to comply with the spirit and intent of a subcontract with a similarly situated entity may be considered a basis for debarment on the grounds, including but not limited to, that the parties have violated the terms of a Government contract or subcontract pursuant to FAR 9.406–2(b)(1)(i) (48 CFR 9.406–2(b)(1)(i)).

36C26120R0024 Section H

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 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://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

I.2 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)

(a) Definitions. As used in this clause— Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures. (1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of Clause) I.3 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018)

(a) Definitions. As used in this clause—Covered article means any hardware, software, or service that—

(1) Is developed or provided by a covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a covered entity.

Covered entity means—

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115–91) prohibits Government use of any covered article. The Contractor is prohibited from—

(1) Providing any covered article that the Government will use on or after October 1, 2018; and

(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement. (1) In the event the Contractor identifies a covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:

(i) Within 1 business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.

(End of Clause) I.4 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management via https://www.sam.gov.

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments—

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by—

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIS is automatically transferred after a waiting period of 14 calendar days, except for—

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

(c) The Contractor will receive notification when the Government posts new information to the Contractor's record.

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the nonpublic segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government.