75H70624Q00024 Modular Office Building.pdf

STATEMENT OF WORK

FORT YATES MODULAR OFFICE BUILDING

GP22SR001H9

INDIAN HEALTH SERVICE

FORT YATES HOSPITAL

FORT YATES, ND

JANUARY, 2023

Statement of Work Page 2 Fort Yates Modular Office Building January, 2023

Table of Contents

Section Page

1. Project Description

2. Scope of Work (SOW)

3. Period of Performance

4. Submittals

5. Schedule/Meetings

6. Miscellaneous

7. Payments to Contractor

8. Project Officer/COR

9. Invoices

10. Closeout Documents

Statement of Work Page 3

STATEMENT OF WORK

Standing Rock Service Unit Fort Yates, North Dakota

1. Project Description

A. Title: Fort Yates Modular Office Building

B. Location: This project is at the Fort Yates Hospital campus, in Fort Yates, ND.

C. Period of Performance: 365 calendar days from Notice to Proceed.

D. Description: The project defined within this Scope of Work is the installation of modular office building.

E. Background: The existing hospital will lose office space after the renovation of the pharmacy. A new building will need to be constructed because there is no additional space in the hospital to relocated these personnel.

F. Related Documents

a. NA

G. Common Acronyms or Definitions

a. IHS – Indian Health Service

b. CMS – Centers for Medicare & Medicaid Services

c. BAS – Building Automation System

d. Metasys – Name of the existing BAS

e. CO – Contracting Officer

f. COR – Contracting Officer’s Representative

g. PM – Project Manager

h. IGCE – Independent Government Cost Estimate

i. BIM – Building Information Model

j. LOD – Level of Design

k. CAD – Computer Aided Design

l. RFI – Request For Information

2. Scope of Work. (SOW):

The contractor shall provide all engineering, design, material, labor, equipment, supervision, transportation, and management to provide and install modular trailers seamed together to create a single structure. The modular building shall also meet the following requirements:

A. Codes: In accordance with all state federal and national codes and standards. Building shall also meet NFPA 101 for Business Occupancy. Main entrance shall have ADA compliant ramp.

B. Size: Structure is to fit within a flat 60’x60’.

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C. Rooms: As shown in Appendix C. Structure shall have a dedicated room for communication and fire alarm panel.

D. General Modular Building Site Installation Requirements

a. Structural design reviewed and stamped by a licensed Structural PE

b. Electrical design reviewed and stamped by a licensed Electrical PE

c. Mechanical design reviewed and stamped by a licensed Mechanical PE

d. Sub-floor ventilation design

e. Type VB modular building meeting the current 2018 IBC codes.

f. Provide all interior/exterior utility connections for water, sewer, electrical, gas, internet, security alarm, and fire alarm systems as required within 25’ of modular building footprint. Main Distribution Panel and service connection tie in points to be provided by the government.

g. Consult with the Fort Yates Hospital and provide interior/exterior design and floor plan layout based on the needs of the owner. This shall include all MEP (mechanical, electrical, and plumbing), data communication, security systems, fire systems, all colors and paints for exterior and interior.

h. Consult with the Fort Yates Hospital and provide security camera locations on the floor plan layout based on the needs of the owner. The final location and number of cameras will be determined based on the consultation meetings

i. Consult with the Fort Yates Hospital and provide security door system locations on the floor plan layout based on the needs of the owner. The final location and number of card readers will be determined based on the consultation meetings.

j. All pricing to include Local Permits, TERO Tax, P&P Bonds, or any state or local taxes as required.

k. Set height of the building based on maximum 36” single or double stacked CMU with ABS pads.

l. Steps, Decks & Handicap Ramps made from aluminum with handrails as required by ADA codes.

m. Lightning protection will this be required by Fort Yates Hospital.

n. Drawing submittals on 11x17 pages unless otherwise stated and agreed to by both parties.

o. Cut sheets on all products used in the buildings for approval prior to construction.

p. Drawing and factory stock color selections: signed off by customer prior to construction.

q. Interior or exterior signage as required by the customer.

E. Installation: Building installation shall consist of finishing interior and exterior seams to include block, level, and seam building. Anchors shall also be installed at the corners of each modular facility to ensure stability and minimize movement during inclement weather.

a. Anchoring system/Foundation – designed for 120 mph wind rating and have lifting points for future leveling adjustments.

b. Exterior Access – 4 lockable access hatches to access the crawl space.

c. Data/Communication Room – All data cables, blue plenum rated cat-6. Each office/cubicle will have a cat-6 double drop on two sides of the office walls and two sides of the cubicle walls.

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Conference room will have electrical and data connections in the floor per owner’s specified locations, two drops per data box. Final connection and testing of data/communications systems including test report. All cat-6 drops will be tested. All operator, installation, and technical manuals must be provided for all equipment, modules, and units installed. Wires, cables, switches, indicators, boxes, units, and other peripheral devices are to be permanently labeled or marked.

d. Camera system – provide yellow cat-6 network drops for camera system installation as required. Camera system based on the layout determined by the Fort Yates Hospital. Connect the camera system to the Fort Yates Hospital’s existing camera system as required and certify the system is operational.

e. Fire Alarm – provide a system complying with NFPA as business occupancy. System will not be tied into existing hospital system. Complete final connection and test of the fire alarm system.

Fire alarm boxes – double gang recessed boxes with ½” conduit above ceiling. Fire alarm control panel cabinet – semi-recessed cabinet with ½” conduit above ceiling. Semi-recessed fire extinguisher metal cabinets at each entry, multipurpose dry chemical (ABC). All operator, installation, and technical manuals must be provided for all equipment modules and units installed. Wires, cables, switches, indicators, boxes, units, and other peripheral devices are to be permanently labeled or marked in accordance with industry installation standards. 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.

Inventory of all devices will be included on the drawings. All parts and material must be new.

f. Flooring – Provide VCT tile and carpeting. VCT – 12”x12”x1/8” commercial grade. Owner will make material and color selection. Cove base- 4” vinyl/rubber base or equivalent.

g. Exterior Roof/Walls/Doors – Exterior doors will be out-swing, commercial steel. Scuppers, guttering, etc., must use commercial grade aluminum extruded metal. Exterior siding Hi-Rib- Panel – 29ga painted. Exterior trim requirements, will this building need to match current structures. Ramp and platform aluminum. Fully covered skirting 29ga hi-rib painted. Exterior walls to be 2x6” wood studs on 16” center. Exterior insulation for walls R-21 minimum. Exterior insulation for roof R-60 minimum (2 layers of R-30). Exterior walls to be sheathed with 7/16” OSB or ½” plywood, must be wrapped in Tyvek or equivalent breathable house wrap.

h. Interior Walls/Doors/Ceiling – Prefinished Solid Core doors with metal jambs. Sound insulation STC-45 minimum for Conference Room, Supervisor Rooms, and Bathrooms. Hardware - Grade 1

– lever handles. Permanent Lock Cores? Yale Lever Lock AU5407LN-626 or equivalent. Locks must be ADA compliant. Restroom doors shall be supplied with Yale-Privacy Lever Lock 5402LN 626 or equivalent. Security locks will utilize card readers. Provide acoustic suspended ceiling tile system. Floor underlayment 3/4”T&G plywood. Floors to be insulated with R-38C. Wall studs shall be 2x4”, 16” O/C. Drywall will be 5/8” vinyl covered gypsum on all interior walls. Windows 24”x54” Vinyl, single hung. Vinyl mini blinds on all windows.

i. Electrical – 120/240V, single phase, Nema 1 sub-panel in each module. Recessed interior sub-panels with clip on breakers, aluminum busses and sized to code. Code compliant labeling of panel boxes. Interior Lights: 2' x 4' and/or 2’ x 2’ lay-in LED flat panels. Exterior Lights: 20W LED at each entry, equipped with photocells. Exterior Lights around building perimeter as required by customer. Exit lights: LED with a battery backup and on dedicated circuit. Hospital grade Receptacles: child proof where required by owner, duplex 20 Amp. Dedicated receptacles: 20

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Amp per owners locations. GFI receptacles: 20 Amp Service outlets, exterior mounted for HVAC units. Switches: 20 Amp with occupancy sensor. Floor boxes: Duplex with cover plate. The floor boxes and data boxes will be installed per the owners required locations Data and communication J-boxes with 3/4" Sch. 40 Elec. PVC conduit stubbed above ceiling. All electrical wiring: IAW National Electric Code. Subfloor crawlspace receptacles for heat trace and lighting per owner’s requirements.

j. Plumbing – PEX or CPVC water lines with all pipes underneath building insulated and wrapped with heat tape. Shutoff valves: main, water heater and at each toilet and sink connection point.

Waste line: PVC-DWV Sch 40 Drain and will include vent with multiple drops, per code. Gas lines as required: black steel exterior and interior. 12 Gal electric water heater, 2000Watt single element. Tank type toilets with elongated bowl and ADA compliant. Restrooms must be ADA compliant. Mop Sink. Ice maker valve box. Insulated drain lines within crawl space. Water fountain: bottle filling type with filter.

k. HVAC – Exterior wall mount HVAC systems that meet healthcare standards. Interior mounted filters. Supply Fiberglass flex duct. Return Fiberglass flex duct. 2x2 S/A and R/A grills. Ceiling mounted exhaust fans as required by code, 110CFM fan/light combo. Air exchanges per code.

Contractor shall provide start up and testing of system. All operator, installation, and technical manuals must be provided for all equipment, modules and units installed. Labeling or marking of wires, cables, switches, indicators, boxes, units, and other peripheral devices in accordance with industry installation standards. As-built 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. Diffuser return grill locations to be approved by submitting a drawing with layout and design. Mini split system: installed as a backup HVAC system for the server room. All parts and materials must be new.

l. Additional Accessories – ADA grab bars in restrooms. Wall mounted frameless mirrors in restrooms. Fire retardant 3/4" Plywood phone board. (IT room). Toilet paper dispensers for restrooms. Paper towel dispensers for restrooms and break room.

F. Warranty: In addition to the warrantees laid out in the specifications, the contractor shall provide a one year warranty on all parts and labor for the entire facility. This includes but not limited to, all structural, finishes, equipment, hardware, windows, flooring, doors, etc. The one year warranty starts at beneficial occupancy.

G. Safety: Submit a Safety Plan. Provide all necessary materials and labor to secure work site surroundings and insure a safe working environment. Traffic management will be the responsibility of the contractor and will include all necessary personnel, safety flags, cones, barriers, signs, etc. OSHA regulations shall be adhered to for all aspects of this project. The contractor shall submit a Safety Plan for approval. The hospital’s Safety Officer shall review the safety plan.

H. Staging Area: Prior to mobilizing, the contractor and project engineer shall agree upon a staging area.

This shall be accomplished with keeping patient/staff safety, the emergency department and medical helicopter all in mind. The staging area may not be adjacent to the project site but, every effort will be made to find adequate space nearby, but may be more than one area combined.

I. Waste Management & Clean Up: Submit a Waste Management Plan per specification 01 74 19. Jobsite shall be cleaned daily. All materials and equipment shall be secured from wind damage and to keep materials from being carried by the wind onto other areas and possibly into the flight path or landing zone of the emergency helicopter. Any damage to property caused by unsecure material or equipment, Statement of Work Page 7 will be the responsibility of the contractor. The construction areas involved shall be free of any debris, rubbish and left over material scraps upon completion of the project. Trash receptacles used for the collection of this debris and their removal from the project site shall be provided by the contractor. The site will be inspected by the engineer prior to final payment to ensure the sites return to their original condition prior to construction.

J. Site Restoration: The construction site shall be free of any materials, debris and/or rubbish. The contractor will be responsible for the removal of this debris and must restore any property outside the construction limits on the plans, to its original condition as approved by the project engineer. Photos are to be taken before construction begins for documentation the sites original condition by the contractor.

3. Period of Performance.

A. Time of the Essense: All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract.

B. The Work will be substantial complete within Three Hundred Sixty Five (365) calandar days after the date of Notice to Proceed.

4. Submittals

A. All materials shall be submitted for approval prior to ordering.

5. Schedule/Meetings

A. The general contractor shall submit a detailed schedule, in Gantt chart form, to the COR for approval within (14) calendar days of the Notice to Proceed.

B. Pre-Construction Meeting: One Pre-Construction meeting shall be conducted prior to the start of the construction of the contract.

C. Progress Meetings: Progress meetings shall be conducted at regular intervals as merited by the progress of the work, but no less than every other week.

D. Substantial Completion: One substantial completion meeting shall be held following notification of the Project Officer by the General Contractor that the project is Substantially Complete. Substantial completion means the project is fit for its intended use, with only minor lingering details to finish. When a project is substantially complete, the owner can occupy and use the facility to its full capacity.

E. Final Completion: One final completion meeting shall be held following determination that the project is 100% complete.

6. Miscellaneous

A. Occupancy of Government Facilities. The contractor shall be responsible for properly informing the COR of any condition which would jeopardize the building or its contents, such as loss of heat, air conditioning, danger of pipes freezing, loss of electrical power, water, sewer or loss of building security.

B. Temporary Utilities: The contractor shall be responsible for providing all temporary utilities related to this project.

C. Tribal Requirements.

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1. The Contractor and all subcontractors engaging in work on the Standing Rock Reservation will be required to comply with the Indian preference and Indian preference program requirements administered by the Standing Rock Sioux Tribe Tribal Employment Rights Office (TERO).

2. Before commencing work, contractors and sub-contractors are required to submit an acceptable “Compliance Agreement” to the TERO office. Copies of this form can be obtained from the TERO office.

3. Contractors are strongly encouraged to contact the TERO office for an explanation of tribal requirements. Other fees may apply.

D. Construction Materials and Storage

1. All materials shall be stored and handled according the manufacturers’ recommendations.

2. The contractor(s) shall be present and on site to receive all construction material, equipment, or products. IHS staff will not be present, responsible, nor receive, or provide any type of offloading equipment for construction materials, products, or equipment. It is solely the contractor(s) responsibility to properly receive any and all construction equipment, products, and materials on site.

3. The contractor(s) shall provide their own means of storing any and all construction materials, products, or equipment required for installation. IHS staff will not be responsible or provide any means of storing construction material, products, or equipment before or during construction.

All material, products, or equipment remain the contractor(s) property until the project has been deemed substantially completed by all parties.

E. Superintendent. The prime contractor shall have an onsite, a superintendent for this project while any and all work is being performed unless prior approval is granted from the COR. The superintendent shall have a minimum of 15 years of construction experience, comparable to this project and 5 years experience as a Superintendent. Submit for approval, the proposed Superintendent with full resume, to the COR prior to Notice to Proceed.

F. Redlines. The prime contractor is responsible for maintaining an accurate set of drawings during the time of construction. This includes all disciplines and all drawing pages. The set shall be maintained on sight and be bound in one continuous copy and labeled on the front title page as “Official Redline As- Builts”. The set shall be made available to the COR during the construction of the project for inspection.

A clean, non-damaged, full project drawing redline set, shall be submitted for approval at the end of the project. The set shall be signed and dated by the prime contractor’s Project Manager and Superintendent as final redline set.

7. Payments to the Contractor

1. The Government will pay the Contractor a fixed price, as indicted below, which will constitute full compensation for all Contractor professional and incidental services, travel expenses, and materials necessary to furnish complete project as required and specified in this SOW.

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2. The contractor shall submit a Schedule of Values prior any pay request, detailed by division. It shall be broken down with sufficient detail to allow the COR to verify the work accomplished on site with what is being requested for payment. A Schedule of Values template can be provide upon request.

3. Progress payments will be paid following acceptance by the Government of that particular schedule item and a properly submitted and approved invoice.

8. Project Officer/COR

The Contracting Officer’s Representative (COR) for this Order. Address and telephone are:

Jarret Coon Great Plains Area Indian Health Service Division of Facilities Management & Engineering 115 4th Avenue SE; Room 309 Federal Building Aberdeen, SD 57401-4381 Office: 605-226-7606 jarret.coon@ihs.gov

Any change in COR designation will be documented by the Contracting Officer in writing.

9. Invoice Format

The Contractor is responsible for delivering one copy of the invoice to the COR. The invoice shall include the contractor’s official invoice with the contractor’s letter head along with the contractor’s schedule of values showing a detailed breakdown of the construction items with the progress of each. The COR is responsible to approve or reject the invoice and provide a copy to the Contracting Officer and delivery of the original to the payment office.

Upon reaching 100% completion of the entire task order, submission of the final invoice must be accompanied by a Final Claims Release before payment can be approved. Failure to provide the proper information may cause the invoice to be returned or delayed.

10. Closeout Documents

The Contractor shall submit one hard copy set of all final, installed submittal items, accessories, and all installation/operation/maintenance documents to the COR for approval. These shall be in delivered in labeled 3-ring binders. The final installed submittal package and O&M shall also be sent electronically to the COR. In addition, submit final redline as-builts per section 6.L above.

mailto:brad.weekley@IHS.gov

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Appendix A – Location Map

Great Plains Area Office (Aberdeen, SD)

Fort Yates Hospital (Fort Yates, ND)

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Appendix B – Site Selection

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Appendix C – Room Requirements by Department

Summary of Administration

New Modular Space

RFN

Code

Room

Qty Area Total

ADMINISTRATIVE ASSISTANT OFOC1 1 65.00 65.00

ADMINISTRATIVE OFFICER OFTY1 1 97.00 97.00

ALCOVE STAFF LOUNGE ALLG1 1 32.00 32.00

BUDGET ANALYST OFOC1 1 65.00 65.00

TOILET, STAFF TLPS1 1 54.00 54.00

Discipline Net Square Feet: 313.00

Net to Gross Conversion Factor: 1.40

Discipline Gross Square Feet: 438.20

Summary of Business Office

Room Qty

Area Total

HEALTH BENEFITS COORDINATOR OFTY1 1 97.00 97.00

ALCOVE, STAFF LOUNGE ALLG1 1 32.00 32.00

STAFF TOILET TLPS1 1 54.00 54.00

BUSINESS MANAGER OFSP1 1 118.00 118.00

PATIENT ACCOUNTS AND BILLING

(BILLING CLERK)

OFOC1 5 65.00 325.00

Discipline Net Square Feet: 626.00

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Room Qty

Area Total

Discipline Gross Square Feet: 876.40

Summary of Health Information Management

Room Qty

Area Total

CHIEF MEDICAL RECORDS

ADMINISTRATOR

OFSP1 1 118.00 118.00

PCC DATA ENTRY OFOC1 4 65.00 260.00

ACCREDITED RECORDS TECHNICIAN OFOC1 2 65.00 130.00

UNIT SUPPLY & FILING STSF1 1 43.00 43.00

Discipline Net Square Feet: 551.00

Net to Gross Conversion Factor: 1.25

Discipline Gross Square Feet: 688.75

Summary of Purchased & Referred Care (PRC)

New Modular

Room

Qty Area Total

PRC CLERK OFOC1 4 65.00 260.00

PRC MANAGER OFSP1 1 118.00 118.00

ALCOVE STAFF LOUNGE ALLG1 1 32.00 32.00

Discipline Net Square Feet: 410.00

Statement of Work Page 14

New Modular

Room

Qty Area Total

Discipline Gross Square Feet: 574.00

PROVISIONS AND CLAUSES INCORPORATED BY REFERENCE

52.252-1 -- Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov/far.

(End of Provision)

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): https://www.acquisition.gov/far.

(End of Clause)

I. Federal Acquisition Regulations (FAR) (48 CFR Chapter 1) Provisions and Clauses Incorporated by Reference

FAR

CITATION

PROVISION/CLAUSE TITLE PROVISION/

CLAUSE DATE

52.202-1 Definitions June 2020 52.203-3 Gratuities April 1984 52.203-7 Anti-Kickback Procedures June 2020

52.203-12 Limitation on Payments to Influence Certain Federal Transactions June 2020 52.204-7 System for Award Management October 2018 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards June 2020 52.204-12 Unique Entity Identifier Maintenance October 2016 52.204-13 System for Award Management Maintenance October 2018 52.204-14 Service Contract Reporting Requirements October 2016 52.204-16 Commercial and Government Entity Code Reporting August 2020 52.204-17 Ownership or Control of Offeror August 2020 52.204-18 Commercial and Government Entity Code Maintenance August 2020 52.204-19 Incorporation by Reference of Representations and Certifications December 2014 52.204-20 Predecessor of Offeror August 2020 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment November 2021

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations November 2015 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony

Conviction under Federal Law February 2016

52.212-1 Instructions to Offerors – Commercial Items September 2023 52.212-4 Contract Terms and Conditions – Commercial Items November 2023 52.217-8 Option to Extend Services November 1999

52.225-13 Restrictions on Certain Foreign Purchases February 2021 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or

Transactions Relating to Iran – Representations and Certifications June 2020

52.232-39 Unenforceability of Unauthorized Obligations June 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors March 2023 52.246-4 Inspection of Services-Fixed-Price August 1996

52.247-34 F.o.b. – Destination November 1991 52.253-1 Computer Generated Forms January 1991 https://www.acquisition.gov/far https://www.acquisition.gov/far

PROVISIONS AND CLAUSES IN FULL TEXT

II. Federal Acquisition Regulations (FAR) (48 CFR Chapter 1) Provisions and Clauses in Full Text

FAR

CITATION

PROVISION/CLAUSE TITLE PROVISION/

CLAUSE DATE

52.204-21 Basic Safeguarding of Covered Contractor Information Systems November 2021

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services and Equipment

November 2021

52.209-5 Certification Regarding Responsibility Matters August 2020

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

February 2016

52.212-3 Offeror Representations and Certifications -- Commercial Items May 2024 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders

-- Commercial Items May 2024

52.223-99 Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors. October 2021 52.232-19 Availability of Funds for the Next Fiscal Year April 1984

52.204-21 Basic Safeguarding of Covered Contractor Information Systems.

As prescribed in 4.1903 , insert the following clause:

BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021)

(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 websites) 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.

https://www.acquisition.gov/far/part-4#FAR_4_1903 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3

(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 products or commercial services, 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)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

As prescribed in 4.2105(a), insert the following provision:

REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT

(NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM)

(https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that— https://www.acquisition.gov/far/part-4#FAR_4_2105 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.sam.gov/

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered

(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number;

and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number;

and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.209-5 Certification Regarding Responsibility Matters.

As prescribed in 9.104-7(a), insert the following provision:

CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)

(a) (1) The Offeror certifies, to the best of its knowledge and belief, that—

(i) The Offeror and/or any of its Principals–

(A) Are □ are not □ presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have □ have not □, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers;

or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks "have", the offeror shall also see 52.209-7, if included in this solicitation);

(C) Are □ are not □ presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

(D) Have □, have not □, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

https://www.acquisition.gov/far/part-9#FAR_9_104_7 https://www.acquisition.gov/far/part-52#FAR_52_209_7 https://www.acquisition.gov/far/part-9#FAR_9_104_5

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has □ has not □, within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) "Principal," for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a

False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the

Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror’s responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

52.209-11 – Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (February 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect theinterests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that—

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, forwhich all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability;and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federallaw within the preceding 24 months.

52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services.

As prescribed in 12.301(b)(2), insert the following provision:

OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision—

Covered telecommunications equipment or services has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

https://www.acquisition.gov/far/12.301#FAR_12_301 https://www.sam.gov/ https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.ecfr.gov/current/title-13/part-127…