47PG1024Q0002 - Agreement - 240604.pdf

GSA – Region 6 BPA

The Agreement 1

General Services Administration Region 6 Blanket Purchases Agreement for Building Automation Systems for the States of Kansas, Missouri, Iowa, and

Nebraska (GSA, PBS Region 6)

THE AGREEMENT

BPA REQUEST FOR QUOTATION 47PG1024Q0002

June 4, 2024

The Agreement 2

Table of Contents

I. BPA Information

A. BPA Summary B. The Agreement C. Period of Performance D. Authorized Representatives

II. Quote Prices

A. Basis of Pricing B. Quote Pricing Form

III. BPA Terms and Conditions

A. General B. Order – Performance Work Statement

IV. Agreement Clauses

A. Clauses Incorporated by Reference B. Additional Clauses in Full Text

The Agreement 3

SECTION I – BPA Information

I.A BPA Summary

This Agreement sets forth Requests for Quotation (RFQ) requirements for a Blanket Purchase Agreement (BPA) for Building Automation System Services for the States of Kansas, Missouri, Iowa, and Nebraska (Region 6).

I.B The Agreement

The Agreement covers the standard requirements which will be used throughout the base, and all option years of the BPA. Any Order issued will be reflective of these BPA terms and conditions.

I.C Period of Performance

I.C.1 Base Period: Period of 12 months from date of SF1449 execution

Option Period 1: Period of 12 months from expiration of the Base Year Option Period 2: Period of 12 months from expiration of the Option Period 1 Option Period 3: Period of 12 months from expiration of the Option Period 2 Option Period 4: Period of 12 months from expiration of the Option Period 3

I.C.2 Exercise of option years are not guaranteed and will be dependent on the performance of the quoter.

I.D Authorized Representatives

I.D.1 This Agreement is between the United States of America, acting by and through the Administrator of General Services Administration (GSA), and the Quoter (the Parties). References in this Agreement to "the Owner" or "the Government" shall be understood to refer to GSA. The following individual is designated as the authorized GSA representative under this Agreement:

Contracting Officer

Name: Kristin Gilliland Address: 2300 Main, 7th Floor Kansas City, MO

Telephone: 816-894-6783 Email: Kristin.Gilliland@gsa.gov

I.D.2 The warranted GSA ordering officials for orders issued as a result of this Agreement are:

Any Warranted GSA Contracting Officer

I.D.3 The contractor shall supply the Contracting officer the names of those in their organization that are authorized to sign and accept orders on behalf of the company.

The Agreement 4

SECTION II – Quote Prices

II.A Basis of Pricing

Quoted hourly rate will be considered firm-fixed price for each, separate hourly labor category.

For the purposes of evaluation only, sample man-hours have been provided but are not reflective of any work or any anticipated work. Quoters shall complete the pricing for the base year and all option years.

These rates must include all labor, materials and equipment necessary to complete the orders. The rates do not include travel.

The following categories are below:

1. BAS Installation Technician Labor

2. BAS Graphics Creation

3. BAS Programming

4. BAS Training

The Agreement 5

II.B Quote Pricing Form

Base Year

Item No. Labor Category Sample man-Hours

Hourly Rate Price (Hrs x Rate)

BAS Installation Technician Labor

100 $ $

0002 BAS Graphics Creation

100 $ $

0003 BAS Programming 100 $ $

0004 BAS Training 100 $ $

Option Year 1

100 $ $

1002 BAS Graphics Creation

100 $ $

1003 BAS Programming 100 $ $

1004 BAS Training 100 $ $

Option Year 2

100 $ $

2002 BAS Graphics Creation

100 $ $

2003 BAS Programming 100 $ $

2004 BAS Training 100 $ $

Option Year 3

100 $ $

BAS Graphics Creation

100 $ $

3003 BAS Programming 100 $ $

3004 BAS Training 100 $ $

Option Year 4

100 $ $

4002 BAS Graphics Creation

100 $ $

4003 BAS Programming 100 $ $

4004 BAS Training 100 $ $

The Agreement 6

SECTION III – BPA Terms and Conditions

III.A General

III.A.1 Qualifications of Personnel

This Solicitation sets forth Requests for Quotation (RFQ) requirements for establishing a Blanket Purchase Agreement (BPA), with General Services Administration (GSA), Region 6 (R6), for Building Automation Systems (BAS) Services in the states of Iowa, Kansas, Missouri, and Nebraska. The Government intends to establish a single-award BPA, inclusive of vendors capable to complete for work in all four (4) states in R6, requiring the Brand Name open source software of the Niagara Building Automation Platform. The supporting vendor will also need to use equipment supported by the Niagara framework.

The contractor shall provide all materials, labor, and equipment necessary for the completion of the following:

1. Installation of JACE 8100’s and JACE 8200’s at locations listed below.

2. Creation of new Niagara NAV files

3. Creation of new categories under permissions to signify facility personnel navigation

4. Creation of new User Roles to control system privileges

5. Recreation of all programming currently residing in NAE into new JACE 8100’s

6. Creation of all new Histories and Alarms in new JACE 8100’s installed

7. Redirection of all JACEs to new Primary Server

8. Building automation verification for the building automation system replacement

9. Testing and verification of all building automation systems after the migration

10. Technical training with the staff regarding the operation of the new building automation system

11. The removal of existing Xenta air handler controllers

12. The installation of Niagara Edge-10 air handler controllers with an attached I/O module

13. Provide wiring diagrams of all new Niagara Edge-10 air handler controllers

14. Provide BAS vav programming to reflect any new sequence of operation changes to the Niagara

Edge-10 air handler controllers.

15. Create new BAS air handler graphics.

16. Verify air handler operation and functionality.

17. Provide updated network diagrams.

18. Provide updated sequence of operations.

19. The removal of existing Xenta vav controllers

20. The installation of Niagara JENEsys Edge vav controllers with an attached I/O module

21. Provide wiring diagrams of all new Niagara JENEsys Edge vav controllers

22. Provide BAS vav programming to reflect any new sequence of operation changes to the Niagara

JENEsys Edge controllers.

23. Create new BAS graphics for vav’s.

24. Verify vav operation and functionality.

25. Provide updated network diagrams.

26. Verify air handler operation and functionality.

27. Provide updated network diagrams.

28. Acquire Tridium VSI Agreement under GSA’s name.

29. Acquire as part of VSI Demo licenses under GSA name.

30. Acquire 3-year SMA for (5) JACE 8100’s

31. Acquire 3-year SMAs for (3) JACE 8025’s

32. Contractor to look up the host IDs and provide the correct license and SMA.

33. Provide all of the above to GSA R6 Smart Buildings Team for installations.

34. Any and all new wiring and network connections MUST be added by the contractor.

35. The Contractor shall dispose of all removed hardware and unused construction materials.

The Agreement 7

III.A.2 Substitution of Personnel

The Contractor shall utilize the personnel named in its price quote to perform the services required under the agreement.

The COR must approve named personnel prior to the performance of services.

In the event that any of the personnel named in the quote are unable to perform services, the Contractor shall promptly submit to the CO and the COR, in writing, a detailed explanation of the circumstances requiring the proposed substitution, a complete resume for the proposed substitute, and any other information needed to approve or disapprove the proposed substitution.

No substitutions shall be made without prior written approval of the CO or the COR.

No increase in agreement prices will be allowed when personnel substitution is authorized.

This requirement also applies to individuals employed by any subcontractors employed by the Contractor to perform services.

III.A.3 Contractor Team Arrangement

The Government shall issue single orders for requirements; thus any contractor team arrangement (CTA) required to fulfill the services included in this RFQ shall be the sole responsibility of the lead contractor responding to the RFQ. If a teaming arrangement is entered into, the arrangement must be specifically identified as such, and the CTA documentation should be submitted to the government as part of the initial quotation. Contractor’s who wish to enter into and submit a quote using a CTA are strongly encouraged to view the GSA website for FAQ’s related to CTA’s (www.gsa.gov/cta ). The lead contractor shall be responsible for overall coordination of the entire order. If subcontractor labor in addition to a CTA is used they must be mapped to their prime contractor’s schedule labor categories. A completed CTA shall be submitted to the Government as part of the RFQ submittal. This document shall be for review by the Government but is not evaluated.

III.A.4 Billing

(a) Unless addressed differently in the order, the contractor shall compute a daily rate based upon their quoted price and construction calendar days or other calendar day duration. The contractor is authorized to bill monthly based upon the daily rate worked for the order.

(b) Only electronic invoices will be accepted.

(c) Release of Claims (GSA 1142) GSAM 552.232-72 Final Payment

(d) A draft copy of the invoice must first be completed and approved by the identified COR for the order.

Once approved, a copy (email) must be sent to the COR, and to the PBS electronic payments branch using the following instructions:

To submit an invoice electronically, go to GSA-OCFO Vendor Payment at:

https://financeweb.gsa.gov/vendorpayment then click on Electronic Invoicing Tab.

III.A.5 Handbooks

The vendor shall refer to all applicable handbooks and guides when performing services on behalf of GSA. The following guides are for use in all Region 6’s orders and the vendor shall be familiar with the contents:

The following handbooks (most current edition) are to be used under awarded orders:

https://financeweb.gsa.gov/vendorpayment

The Agreement 8

• Facilities Standards for the Public Buildings Service PBS-P100 (P100) Current PBS-P100 (gsa.gov)

III.A.6 Deliverables

At minimum, reports shall consist of:

● An executive summary, background information,

● Description of activity performed, and

● Resulting findings, conclusions and recommendations.

All associated project analysis and documentation (engineering assumptions, charts, field notes, drawings, photos, review comments, etc.) shall be included in the project report. The report shall be submitted to GSA in compatible electronic format such as Word document, PDF, or Excel spreadsheet. Unless otherwise agreed upon for a given order, a draft report shall be submitted to the Building Automation Systems Team within 14 business days of completing the order, and a final report will be due to the GSA transmitting official within 14 business days unless additional time is authorized by the GSA.

III.A.7 Safeguarding and Dissemination of Controlled Unclassified Information (CUI) Building Information This clause applies to all recipients of CUI building information (which falls within the CUI Physical Security category), including quoters, bidders, awardees, contractors, subcontractors, lessors, suppliers, and manufacturers.

Marking CUI. Contractors must submit any contractor-generated documents that contain building information to GSA for review and identification of any CUI building information that may be included. In addition, any documents GSA identifies as containing CUI building information must be marked in accordance with the Order and the Marking Controlled Unclassified Information Handbook (the current version may be found at https://www.archives.gov/files/cui/20161206-cui-marking-handbook-v1-1.pdf) before the original or any copies are disseminated to any other parties. If CUI content is identified, the CO may direct the contractor, as specified elsewhere in this contract, to imprint or affix CUI document markings (CUI) to the original documents and all copies, before any dissemination, or authorized GSA employees may mark the documents.

1. Authorized recipients.

a. Building information designated as CUI must be protected with access strictly controlled and limited to those individuals having a Lawful Government Purpose to access such information, as defined in 32 C.F.R. § 2002.4(bb). Those with such a Lawful Government Purpose may include Federal, state, and local government entities, and non-governmental entities engaged in the conduct of business on behalf of or with GSA. Non-governmental entities may include architects, engineers, consultants, contractors, subcontractors, suppliers, utilities, and others submitting a quote or bid to GSA, or performing work under a GSA contract or subcontract. Recipient contractors must be registered as “active” in the System for Award Management (SAM) database at www.sam.gov and have a Lawful Government Purpose to access such information. If a subcontractor is not registered in the SAM database and has a Lawful Government Purpose to possess CUI building information in furtherance of the contract, the subcontractor must provide to the contractor its DUNS number or its tax ID number and a copy of its business license. The contractor must keep this information related to the subcontractor for the duration of the contract and subcontract.

b. All GSA personnel and contractors must be provided CUI building information when needed for the performance of official Federal, state, and local government functions, such as for code compliance reviews and the issuance of building permits. Public safety entities such as utility departments may have a Lawful Government Purpose to access CUI building information on a case-by-case basis. This clause must not prevent or encumber the necessary dissemination of CUI building information to public safety entities.

https://www.archives.gov/files/cui/20161206-cui-marking-handbook-v1-1.pdf

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2. Dissemination of CUI building information:

a. By electronic transmission. Electronic transmission of CUI information outside of the GSA network must use session encryption (or alternatively, file encryption) consistent with National Institute of Standards and Technology (NIST) SP 800- 171. Encryption must be through an approved NIST algorithm with a valid certification, such as Advanced Encryption Standard or Triple Data Encryption Standard, in accordance with Federal Information Processing Standards Publication 140-2, Security Requirements for Cryptographic Modules, as required by GSA policy.

b. By nonelectronic form or on portable electronic data storage devices. Portable electronic data storage devices include CDs, DVDs, and USB drives. Nonelectronic forms of CUI building information include paper documents, photographs, and film, among other formats.

i. By mail. Contractors must only use methods of shipping that provide services for monitoring receipt such as track and confirm, proof of delivery, signature confirmation, or return receipt. CUI markings must not appear on the exterior of packages.

ii. In person. Contractors must provide CUI building information only to authorized recipients with a Lawful Government Purpose to access such information. Further information on authorized recipients is found in section 1 of this clause.

3. Record keeping. Contractors must maintain a list of all entities to which CUI is disseminated, in accordance with sections 2 and 3 of this clause. This list must include, at a minimum: (1) the name of the state, Federal, or local government entity, utility, or firm to which CUI has been disseminated; (2) the name of the individual at the entity or firm who is responsible for protecting the CUI building information, with access strictly controlled and limited to those individuals having a Lawful Government Purpose to access such information; (3) contact information for the named individual; and (4) a description of the CUI building information provided. Once “as built” drawings are submitted, the contractor must collect all lists maintained in accordance with this clause, including those maintained by any subcontractors and suppliers, and submit them to the CO. For Federal buildings, final payment may be withheld until the lists are received.

4. Safeguarding CUI documents. CUI building information (both electronic and paper formats) must be stored within controlled environments that prevent unauthorized access. GSA contractors and subcontractors must not take CUI building information outside of GSA or their own facilities or network, except as necessary for the performance of that contract. Access to the information must be limited to those with a Lawful Government Purpose for access.

5. Destroying CUI building information. When no longer needed, CUI building information must either be returned to the CO or destroyed in accordance with guidelines in NIST Special Publication 800-88, Guidelines for Media Sanitization.

6. Notice of disposal. The contractor must notify the CO that all CUI building information has been returned or destroyed by the contractor and its subcontractors or suppliers in accordance with paragraphs 4 and 5 of this clause, with the exception of the contractor's record copy. This notice must be submitted to the CO at the completion of the contract to receive final payment. For leases, this notice must be submitted to the CO at the completion of the lease term.

7. CUI security incidents. All improper disclosures or receipt of CUI building information must be immediately reported to the CO and the GSA Incident Response Team Center at gsa-ir@gsa.gov. If the contract provides for progress payments, the CO may withhold approval of progress payments until the contractor provides a corrective action plan explaining how the contractor will prevent future improper disclosures of CUI building information. Progress payments may also be withheld for failure to comply

The Agreement 10 with any provision in this clause until the contractor provides a corrective action plan explaining how the contractor will rectify any noncompliance and comply with the clause in the future.

8. Subcontracts. The contractor and subcontractors must insert the substance of this clause in all subcontracts.

III.A.8 Security Clearances

(a) Security Clearances. Contractor shall comply with the following requirements pertaining to security clearances:

Contractor shall comply with the following requirements pertaining to security clearances.

(1) All personnel performing work under the Agreement on the Project site must obtain an Enter on Duty (EOD) determination before they will be granted access to the site.

(2) To obtain an EOD determination, Contractor shall submit for all such personnel fingerprints on Form SF87 and a completed Contractor Information Worksheet (CIW). Detailed information is available at GSA Access Card . USAccess Credentialing Centers can be located at US Access Centers.

(3) In addition, all such personnel who will be on site 6 months or longer must apply for and receive clearance in accordance with Homeland Security Presidential Directive 12 (HSPD-12). See Section IV, Contract Clauses, GSAR 552.204-9.

(b) GSAR 552.204-9 Personal Identity Verification Requirements (APR 2023)

(a) The Contractor shall comply with GSA personal identity verification requirements, identified in ADM

2181.1 GSA HSPD-12 Personal Identity Verification and Credentialing, and Background Investigations for Contractor Employees, if Contractor employees require access to GSA controlled facilities or information systems to perform contract requirements. The Contractor can find the CIO policy and additional information at https://www.gsa.gov/resources/for-federal-employees/access-gsa-facilities-and-systems-with-a-piv-card.

(b) The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have access to a GSA-controlled facility or access to a GSA-controlled information system.

(End of clause)

III.A.9 Travel Costs

The place of performance shall be deemed as within 50 miles of the worksite. If the work does not require site investigation and can be completed at the quoters office, travel costs may not be necessary.

Travel charges shall be negotiated as professional hours with each order and may not exceed Federal Travel Regulations (FTR). The per diem rates are published on the GSA website.

III.A.10 Insurance

Within 30 days after BPA award, the following must be completed and delivered to the Government:

CERTIFICATION OF REQUIRED INSURANCE

(a) By authorized signature below, the vendor certifies that it has and will maintain as current at all times during the performance of this contract (to include any options that may be exercised) insurance coverage in the kinds and amounts specified below:

(I) Workers' Compensation and Employers' Liability - $100,000 minimum;

https://www.gsa.gov/resources/for-federal-employees/process-to-get-a-gsa-access-card?_gl=1*1ltvcow*_ga*MTU0MDc3MTA2Ni4xNjgxMTM2MDI2*_ga_HBYXWFP794*MTcwMjUwMDIxMi42MS4xLjE3MDI1MDAyMjQuMC4wLjA.

http://www.fedidcard.gov/centerlist.aspx

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(2) General liability - Bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence;

(3) Property damage $50,000 per occurrence; and

(4) (IF APPLICABLE) Automobile Liability. Shall be written on the comprehensive form of policy and provide for coverage of at least $200,000 per person, $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage.

(b) The General Liability policy (ies) shall name "The United States of America, acting by and through the General Services Administration," as an additional insured with respect to operations performed under this contract. Should such insurance be canceled, the Contracting Officer will be given 30 days notice prior to the effective date of cancellation.

(c) The Contractor agrees to insert the substance of this provision in all subcontracts hereunder.

(d) Specific data will be furnished by the Vendor if and when requested by the Contracting Officer.

Vendor certifies that it currently has the insurance in the nature and amount specified above as follows:

Name of Insurance Company: ______________________________________________

Address of Insurance Company: ____________________________________________

Policy Number:________________________________

Insurance Agent's Name: _________________________________________________

Telephone No. of Agent: __________________________________________________

(Signature of authorized officer or employee and date)

(Typed name and title of authorized officer or employee)

III.A.11 Service Contract Act

The Service Contract Act (SCA), FAR 52.222-41, and related clauses (52.222-42 and 52.222-43) are applicable to this Blanket Purchase Agreement (BPA). Any proposed labor categories (usually non-professional categories) are subject to the SCA and shall be verified by the quoter that its proposed base rates and fringe benefit rates for those labor categories meet or exceed the SCA wage determination and fringe benefits for the area where the quoter expects to perform the majority of the work.

III.A.12 Quality Control Plan (QCP)

Within 30 days after BPA award, a completed quality control plan (QCP) shall be submitted by the quoter and accepted by the Government. The quoter shall ensure that the required services specified in performance work statement, see section III.B, be addressed and meet the requirements of the BPA.

The plan must be revised by the quoter at no additional cost to the Government during the life of the contract as necessary to ensure that quality requirements are met. All revisions must be accepted by the Government.

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III.A.13 Notice To Proceed

The Contracting Officer will issue NTP on this agreement only after receipt from the Contractor, and approval by GSA of Quality Control Plan and Certificate of Insurance.

III. A.14 Additional BPA Order Procedures

(a) Vendors must supply the resume(s) of the proposed personnel, with each order, to verify education, experience, and any certifications or licensing required at the order level.

(b) Unless otherwise stated, all orders will be issued as a Firm-Fixed-Price type of contract.

(c) Quoters are required to supply all services and materials required to complete the requirements as specified in this Agreement and the follow-on orders. The Government may supply physical work space, on an as-needed-basis, for the quoter as the order requires.

(d) Total evaluated price (TEP) in BPA orders shall be as follows:

Cost of labor mix + travel costs = TEP

Quoter must list out each labor category, the hours associated, and the price for that labor category. This price cannot be higher than the price as was submitted in response to the BPA.

Travel will be billed as cost per trip, multiplied by the proposed number of trips to get the price. The cost per trip will be used for any additional travel costs in the case of additional work required.

(e) Additional QCP elements may be sought under orders.

(g) Best Value Determination – The Government will award to the lowest price quote, or the Government may seek to award to the higher rated technical submission in a trade-off scenario. The BPA order will detail the evaluation details.

III.A.14 Section 508 Standards of the Rehabilitation Act

This agreement requires that when Federal agencies develop, procure, maintain, or use Information and Communication Technology (ICT), it shall be accessible to people with disabilities. Federal employees and members of the public who have disabilities must have access to, and use of, information and data that is comparable to people without disabilities.

Vendors must identify whether a proposed ICT product or service is compliant with Section 508 accessibility standards at 36 CFR 1194. The quote must also identify where full details of compliance can be found (e.g. vendor’s website or other exact location.) For more information on Section 508 standards visit the Section 508 site.

III.B Order-Performance Work Statement

III.B.1 General

GSA Heartland Region supports the states of Nebraska, Iowa, Missouri and Kansas. PBS's regional real estate portfolio includes 23 million square feet of space in 57 federally owned and 338 leased buildings. The agreement resulting from this Request for Quote shall provide GSA project management and implementation within our serviced geographic area.

III.B.2 Scope of Services

III.B.2.a. Scope of Work:

https://section508.gov/

The Agreement 13

The contractor shall provide all materials, labor, and equipment necessary for the completion of the following:

1. Installation of JACE 8100’s and JACE 8200’s at locations listed below.

2. Creation of new Niagara NAV files

3. Creation of new categories under permissions to signify facility personnel navigation

4. Creation of new User Roles to control system privileges

5. Recreation of all programming currently residing in NAE into new JACE 8100’s

6. Creation of all new Histories and Alarms in new JACE 8100’s installed

7. Redirection of all JACEs to new Primary Server

8. Building automation verification for the building automation system replacement

9. Testing and verification of all building automation systems after the migration

10. Technical training with the staff regarding the operation of the new building automation system

11. The removal of existing Xenta air handler controllers

12. The installation of Niagara Edge-10 air handler controllers with an attached I/O module

13. Provide wiring diagrams of all new Niagara Edge-10 air handler controllers

14. Provide BAS vav programming to reflect any new sequence of operation changes to the Niagara

Edge-10 air handler controllers.

15. Create new BAS air handler graphics.

16. Verify air handler operation and functionality.

17. Provide updated network diagrams.

18. Provide updated sequence of operations.

19. The removal of existing Xenta vav controllers

20. The installation of Niagara JENEsys Edge vav controllers with an attached I/O module

21. Provide wiring diagrams of all new Niagara JENEsys Edge vav controllers

22. Provide BAS vav programming to reflect any new sequence of operation changes to the Niagara

JENEsys Edge controllers.

23. Create new BAS graphics for vav’s.

24. Verify vav operation and functionality.

25. Provide updated network diagrams.

26. Verify air handler operation and functionality.

27. Provide updated network diagrams.

28. Acquire Tridium VSI Agreement under GSA’s name.

29. Acquire as part of VSI Demo licenses under GSA name.

30. Acquire 3-year SMA for (5) JACE 8100’s

31. Acquire 3-year SMAs for (3) JACE 8025’s

32. Contractor to look up the host IDs and provide the correct license and SMA.

33. Provide all of the above to GSA R6 Smart Buildings Team for installations.

34. Any and all new wiring and network connections MUST be added by the contractor.

35. The Contractor shall dispose of all removed hardware and unused construction materials.

III.B.2.b. Government-Provided Equipment: The government will not be providing equipment for this

BPA.

III.B.2.c. Vendor-Provided Equipment: Equipment provided by the vendor for any GSA-ordered investigation will be maintained, calibrated, and operated in adherence with the manufacturer's instructions and general industry standards. Annual and field calibration data for the equipment will be included in the report documentation provided at the conclusion of the investigation for which it was used.

III.B.2.d. Deliverables

Specific requirements regarding deliverables will be established in each BPA Order issued under this contract.

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A Form 1449 and Form 1449 Supplemental, Order for Commercial Items, will be issued by GSA ordering officials to initiate Orders issued against this BPA. The Contractor shall not commence any work under this contract without receiving a Form 1449.

III.B.2.e. Schedule: All work performed within this resulting agreement shall be coordinated with GSA Building Automation Systems Team and as outlined in the individual orders.

SECTION IV – Agreement Clause

IV.A Clauses Incorporated by Reference

GSAR 552.204-9 Personal Identity Verification Requirements (APR 2023)

FAR 52.204-13 System for Award Management Maintenance (OCT 2018)

FAR 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)

FAR 52.204-19 Incorporation by Reference of Representations and Certifications (DEC2014)

GSAR 552.212-4 Contract Terms and Conditions—Commercial Products and Commercial

Services (FAR DEVIATION 52.212-4) (JAN2023)

GSAR 552.232-39 Unenforceability of Unauthorized Obligations (FEB 2018)

FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (MAR 2023)

GSAR 552.252-6 Authorized Deviations in Clauses (NOV 2021)

IV.B. Additional Clauses Incorporated in Full Text

FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or

Executive Orders—Commercial Products and Commercial Services (May 2024)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 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)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C.

3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553).

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(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government Alternate I (Nov 2021) ( 41 U.S.C.

4704 and 10 U.S.C. 4655).

X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X_ (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

X_ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (6) [Reserved].

__ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

X_ (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

__(10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) ( Pub. L. 115–390, title

II).

__(11) (i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).

__(ii) Alternate I (Dec 2023) of 52.204-30.

X_ (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note).

__ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).

__ (14) [Reserved].

__ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C. 657a).

__ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__ (17) [Reserved] __ (18) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

__ (19) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

X_ (20) 52.219-8, Utilization of Small Business Concerns (Sep 2023) ( 15 U.S.C. 637(d)(2) and (3)).

__ (21) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) ( 15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Sep 2023) of 52.219-9.

__ (22) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) ( 15 U.S.C. 644(r)).

__ (ii) Alternate I (Mar 2020) of 52.219-13.

X_ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) ( 15 U.S.C. 637s).

__ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

The Agreement 16

__ (25) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) ( 15 U.S.C. 657f).

X_ (26) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2023)( 15 U.S.C.

632(a)(2)).

__ (ii) Alternate I (Mar 2020) of 52.219-28.

__ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(m)).

_ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) ( 15 U.S.C. 637(m)).

__ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C.

644(r)).

__ (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)).

X_ (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

__ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Nov 2023) .

__ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X_ (34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

X_ (35) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

X_ (36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

X_ (37) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).

X_ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X_ (39) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O.

13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).

X_ (40) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (41) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 ( 42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) (42 U.S.C. 7671, et seq.)

__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) (42 U.S.C. 7671, et seq.).

__ (44) 52.223-20, Aerosols (May 2024) ( 42 U.S.C. 7671, et seq.).

__(45) 52.223-21, Foams (May 2024) ( 42 U.S.C. 7671, et seq.).

__(46) 52.223-23, Sustainable Products and Services (May 2024) ( E.O. 14057, 7 U.S.C. 8102, 42 U.S.C.

6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

__(47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

__(48) (i) 52.225-1, Buy American-Supplies (Oct 2022) ( 41 U.S.C. chapter 83).

__ (ii) Alternate I (Oct 2022) of 52.225-1.

__(49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19 U.S.C.

3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109- 283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I [Reserved].

__ (iii) Alternate II (Dec 2022) of 52.225-3.

__ (iv) Alternate III (Feb 2024) of 52.225-3.

__ (v) Alternate IV (Oct 2022) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

The Agreement 17

__ (45) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

X_ (46) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

__ (47) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (48) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (49) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

__ (50) (i) 52.225-1, Buy American-Supplies (Oct 2022) ( 41 U.S.C. chapter 83).

__ (ii) Alternate I (Oct 2022) of 52.225-1.

__ (47) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19 U.S.C.

3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109- 283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I [Reserved].

__ (iii) Alternate II (Dec 2022) of 52.225-3.

__ (iv) Alternate III (NOV 2023) of 52.225-3.

__ (v) Alternate IV (Oct 2022) of 52.225-3.

__ (48) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X_ (49) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

__ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).

__ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).

__ (53) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

__ (54) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

__ (55) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

X_ (56) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).

__ (57) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).

__ (58) 52.232-36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332).

__ (59) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).

__ (60) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C. 637(d)(13)).

__ (61) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

__ (iii) Alternate II (Nov 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

__ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter67).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

The Agreement 18

X_ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67).

X_ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) ( 41 U.S.C. chapter 67).

__ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C.

1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509).

(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712).

(iii) 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)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

(vii) 52.219-8, Utilization of Small Business Concerns (Sep 2023) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of

The Agreement 19 subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(ix) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

(x) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).

(xi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).

(xii) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).

(xiii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xiv) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67).

(xv) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).

(xvi) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67).

(xvii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) ( 41 U.S.C. chapter 67).

(xviii) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).

(xix) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

(xx) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

(xxi) (A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xxii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.

Subtitle A, Part V, Subpart G Note).

(xxiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C.

55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247- 64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual…