A19 SOLICITATION 75D301-26-R-73515.pdf

PAGES

15A. NAME

AND

ADDRESS

OF

OFFEROR

SEC. PAGE(S) SEC. PAGE(S)

(Date) (Hour)

CALENDAR DAYS

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amend-ments to the SOLICITATION for offerors and related documents numbered and dated:

(Type or Print)

Tt SOLICITATION, OFFER AND

AWARD

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

RATING

PAGE OF

1 30

2. CONTRACT NO.

75D30126C21460

3. SOLICITATION NO.

75D301-26-R-73515

4. TYPE OF SOLICITATION

SEALED BID (IFB)

X NEGOTIATED (RFP)

5. DATE ISSUED

6. REQUISITION/PURCHASE

NO.

00HCAJSE-2026-98989

7. ISSUED BY CODE 8219 8. ADDRESS OFFER TO (If other than Item 7) Centers for Disease Control and Prevention

Chamblee Campus Building 102, MS S102-4 4770 Buford Hwy Atlanta, GA 30341-3717

Approved as to Form and Legality: _____________________________ NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder.”

SOLICITATION

9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in until 2:00p local time 08/28/2026

CAUTION -- LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME

Kourtney Antoine.

B. TELEPHONE (NO COLLECT CALLS)

AREA CODE NUMBER: EXT:

(404) 498-4280

C. E-MAIL ADDRESS

11. TABLE OF CONTENTS

(x) DESCRIPTION (x) DESCRIPTION

PART I – THE SCHEDULE PART II – CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM 1 X I CONTRACT CLAUSES 15

X B SUPPLIES OR SERVICES AND PRICES/COSTS 2 PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

X C DESCRIPTION/SPECS./WORK STATEMENT 3 X J LIST OF ATTACHMENTS 25

X D PACKAGING AND MARKING 8 PART IV – REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 9 REPRESENTATIONS, CERTIFICATIONS, AND

X F DELIVERIES OR PERFORMANCE 10 X K OTHER STATEMENTS OF OFFERORS 26

X G CONTRACT ADMINISTRATION DATA 11 X L INSTRS., CONDS., AND NOTICES TO OFFERORS 28

X H SPECIAL CONTRACT REQUIREMENTS 13 X M EVALUATION FACTORS FOR AWARD 30

OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52-232-8)

10 CALENDAR DAYS

20 CALENDAR DAYS

30 CALENDAR DAYS

AMENDMENT NO. DATE AMENDMENT NO. DATE

CODE FACILITY 16. NAME AND ADDRESS OF PERSON AUTHORIZED TO SIGN OFFER

15B. TELEPHONE NO.

AREA CODE NUMBER EXT.

15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE

18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

21. ACCOUNTING AND APPROPRIATION

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) 23. SUBMIT INVOICES TO ADDRESS SHOWN IN (4 copies unless otherwise specified)

ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 8219 25. PAYMENT WILL BE MADE BY CODE 434 Centers for Disease Control and Prevention Chamblee Campus Building 102, MS S102-4 4770 Buford Hwy Atlanta GA 30341-3717

Centers for Disease Control and Prevention (FMO) PO Box 15580 404-718-8100

Atlanta GA 30333-0080

26. NAME OF CONTRACTING OFFICER (Type or print)

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

IMPORTANT -- Award will be made on this form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 33 (REV. 9-97)

PREVIOUS EDITION IS UNUSABLE Prescribed by GSA

FAR (48 CFR) 53.214©

K

Section B - Supplies Or Services And Prices/Costs

ITEM SUPPLIES / SERVICES QTY / UNIT UNIT PRICE EXTENDED PRICE

0001 Labor and materials, 80 key capacity

Custodial Account #: 10901

1 Each

0002 Labor and materials, 40 key capacity

Custodial Account #: 10901

4 Each

0003 Labor and materials, 20 key capacity

Custodial Account #: 10901

1 Each

Section C - Description/Specification/Work Statement Title: Electronic Smart Key Box System

C.1 Introduction This Performance Work Statement (PWS) defines the requirements for the procurement, installation, configuration, and commissioning of a modern electronic smart key box system to support secure, auditable management of physical brass keys used by the Security Services Office (SSO), the Security Operations Center (SOC), and other authorized CDC personnel.

Many CDC facilities utilize brass keys either as the primary means of access (for non-PACS-controlled spaces) or as a redundant fallback method when PACS doors are unavailable due to power, controller, network, or hardware failure. Improving the accountability and security of these keys is critical to protecting CDC assets, staff, and facilities. This project will modernize the current key management process through implementation of a networked, software-driven smart key box system that supports PIV-based authentication, multi-factor authentication (MFA), real-time monitoring, automated auditing, and enterprise system integration. The solution must align with CDC ESS enterprise architecture and SSO operational requirements.

C.2 Objective The purpose of this requirement is to strengthen the physical security posture of CDC facilities by deploying an enterprise class smart key management platform that:

• Improves accountability and traceability of key issuance and return.

• Reduces risk associated with loss, misuse, or unauthorized access to controlled keys.

• Provides SOC with real-time visibility into key access events.

• Supports PIV credentials and MFA methods, including PIN and/or biometrics.

• Integrates seamlessly with CDC networks, SOC consoles, and SSO workflows.

• Ensures operational continuity through backup power and controlled manual override capabilities.

• Supports overall OSSAM/SSO mission readiness in alignment with CDC security policies.

C.3 Scope of Work The Contractor must provide all labor, materials, tools, test equipment, documentation, software licensing, commissioning, and required qualified personnel to implement the electronic smart key box system across designated CDC Atlanta-area facilities.

3.1 Installation Scope

The Contractor must:

• Procure, install, and commission electronic smart key box units as directed.

• Ensure all systems meet CDC and federal security requirements, including PIV and MFA capability.

• Validate electrical, network, mounting, and environmental requirements.

• Integrate key boxes with SOC consoles and CDC network systems.

• Configure all logical access rules, permission groups, alerts, and reporting criteria.

• Conduct functional testing and submit detailed commissioning documentation.

3.2 Project Coordination

• All installation work must be coordinated with SSO, SOC, OSSAM IT, EMOSO Security, and building managers.

• Work must be scheduled to minimize operational impact.

• All proposed installation locations must be submitted for COR approval prior to installation.

• All outages (if applicable) must be coordinated and approved.

C.4 Tasks To Be Performed

4.1 Installation & Commissioning Tasks

The Contractor must:

• Install all key box hardware, mounting fixtures, cables, conduit, and network connections.

• Ensure proper grounding, power availability, and backup power functionality.

• Configure key permissions, user groups, alert thresholds, reporting schedules, and SOC dashboards.

• Validate access logic, key tracking, exception alerts, and device monitoring.

• Provide confirmation to the COR and SOC that the system is approved for use.

4.1.A

• Roybal Campus, Building 20 (SOC) – 80-key capacity.

• Roybal Campus, Building 17 – 40-key capacity.

• Roybal Campus, Building 18 – 40-key capacity.

• Roybal Campus, Building 23 – 40-key capacity.

• Chamblee Campus, Building 106 – 40-key capacity.

• Lawrenceville Campus – 20-key capacity.

4.2 Commissioning Requirements

Commissioning documentation must include:

• Device models, serial numbers, installation dates, warranty periods.

• Operational tests including key tracking, access authentication, backup power checks, and network validation.

• System logs for operational verification.

• Any identified issues or deviations.

C.5 Preferred Installer/Integrator

• There is no preferred installer or integrator for this requirement.

C.6 Program and Project Management

6.1 Weekly Status Meetings

The Contractor must:

• Conduct weekly project meetings.

• Submit weekly status reports.

• Provide a two-week look-ahead schedule.

6.2 Schedule Management

• Sequence work to minimize disruptions.

• Provide advance notice before entering sensitive areas.

• Update schedules when modifying timelines.

C.7 Deliverables

7.1 Reporting Deliverables

Deliverable Quantity Mode Due Delivered To Weekly Project Status Report & Task List

Weekly Electronic Weekly COR/SMEs

Two-Week Work Schedule

Weekly Electronic Weekly COR/SMEs

Location Proposal for Device Installations

One per site Electronic Prior to Installation COR/SMEs

Commissioning Documentation (per door)

525 total Electronic Upon completion COR/SMEs

Updated As-Built Drawings

As needed AutoCAD or Visio 30 days after task completion

COR/SMEs

7.2 General Deliverables

• Provide turn-key solution, including full system and device programming and software licensing as necessary for complete functional system meeting CDC daily operational need.

• New licenses required to support any software or hardware components are to be provided to OSSAM IT for collaborative effort of implementation.

• Concept of designs proposed shall be provided as submittal schematic drawings associated with each task prior to contract award for review and acceptance.

• After award, contractor shall provide implementation schematic drawings associated with each task prior to implementation for review and acceptance. CDC has the right after award to approve or disapprove contractor implementation design then, requesting the contractor to make needed modifications as CDC deems necessary to meet CDC and Federal Government best interests.

• Contractor shall provide needed tools and equipment to execute project task. This includes ladders, cranes\lifts, hand tools, etc..

• Contractor is to submit contractor’s safety plan for review and acceptance by CDC prior to performing any work.

• In accordance with Title 42 CFR Part 73.11, all project security enhancements impacting Select Agents must be coordinated with SSO and SOC to maintain CDC’s Federal Select Agent Program compliance.

• In accordance with Title 42 CFR Part 73.11, contractors accessing CDC Select Agent PACS environment must have and maintain a Security Risk Assessment (SRA) performed by CDC’s Select Agent Responsible Official.

• Contractor shall coordinate and receive authorization of planned system outages in effort to maintain CDC’s critical day-to-day business activities.

• The Contractor shall Deliver and install six (6) electronic smart key lock box systems.

• The Contractor shall Configure and program systems to CDC security requirements.

• The Contractor shall Provide warranty coverage and 24/7 technical support.

• The system shall Maintain real-time accountability of all keys.

• The system shall Restrict access based on CDC SSO-defined permissions.

• The system shall Integrate with CDC networks and SOC systems.

• Contractor shall coordinate and receive authorization to access restricted areas from Branch Chief or Branch Chief provided alternate.

• All computer system specifications shall be provided to OSSAM IT for review prior to installation.

• All software installations and system configurations will be performed on-site in conjunction with OSSAM IT.

• The system shall Support PIV smart card authentication and multifactor authentication.

• The system shall Generate audit and accountability reports.

• The system shall Provide alerts when time restrictions are exceeded.

• The system shall Provide at least eight (8) hours of backup power.

• The system shall Include emergency manual override capability.

• CDC Staff shall be trained on all contract provided systems enabling staff to perform basic and typical end user functions, troubleshooting, Preventative Maintenance, and repair.

• CDC Staff shall be trained on all contract provided systems enabling staff to perform basic and typical end user functions, troubleshooting, Preventative Maintenance, and repair.

• Provide minimum one week of on-site training on CDC specific field hardware associated with the new PACS environment to CDC EMOSO and OSSAM IT staff.

• Contractor shall perform demolishing of infrastructure cabling and components when applicable. Cabling paired with other systems shall be left in place as to not disrupt connectivity of other systems. Any infrastructure or associated components abandoned or left in place shall be documented and provided to the COR.

• Associated infrastructure and equipment replacement and excessing of equipment replaced shall be coordinated with CDC’s Engineering, Maintenance, Operations and Services office and the Logistics Management Services Office. Project associated items shall be palletized, serialized, and documented in accordance with CDC excess equipment policy and procedures. See policy and procedures here: Excess Property | Property, Shipping & Receiving | OSSAM

• Staging of new equipment to be installed shall be coordinated and performed by the contractor. Due to the nature of CDC business and operations, CDC does not provide staging areas supporting staging of excess or new equipment.

C.8 Technical Specifications

8.1 Smart Key Box Specifications

• Support PIV, MFA, secure audit logs, alerting, 8-hour backup power, and emergency override.

8.2 Computer & Server Requirements

• Comply with CDC OSSAM IT security.

• Contractor must support CDC IT vulnerability scanning prior to production and through warranty phase.

• Contractor shall provide computers required for turn-key solution.

• Computer specs must be submitted and approved by OSSAM IT.

• OSSAM IT must have right of computer brand and specs selection, standardizing OSSAM computer life-cycle management and CDC IT standards.

• Contractor must agree to OS re-imaging as necessary to meet CDC IT standards.

8.3 Cabling & Infrastructure

• Contractor must install secure cabling per CDC ESS cabling standards.

• All cabling must be placed in cable/wire trays and/or conduit where required.

C.9 Government Furnished Information (GFI)

• Floor plans, network approvals, SOC contacts, commissioning templates.

• The Government must provide network connectivity (Ethernet and Wi-Fi).

• The Government must provide electrical power consistent with manufacturer requirements.

C.10 Period of Performance

• Defined in PR documentation.

C.11 Place of Performance

• CDC facilities located in the Atlanta, Georgia area.

C.12 Contractor Qualifications

• Must meet security clearance, experience, and technical competency requirements.

C.13 Safety & Security Requirements

• Contractor must follow all CDC safety, security, and access requirements.

• All contractor employees must maintain required clearances and PIV credentials.

• Work areas must remain safe and accessible when occupied.

• Contractor is to submit contractor’s safety plan for review and acceptance by CDC prior to performing any work.

C.14 Quality Assurance Surveillance Plan (QASP)

14.1 Purpose

• To outline the Government’s method for monitoring, evaluating, and documenting Contractor performance.

14.2 Roles & Responsibilities

• CO: Contract authority and decision-making.

• COR: Day-to-day performance oversight and deliverable approval.

• SMEs: Technical validation of installation and commissioning quality.

14.3 Performance Metrics

• Schedule Adherence – Meets timelines and look-ahead plans.

• Installation Quality – Meets CDC ESS standards.

• Commissioning Quality – Accurate documentation and test results.

• Documentation Quality – Completeness and timely submission.

• Communication – Responsiveness and effective coordination.

14.4 Acceptable Quality Levels (AQL)

Area Standard AQL

1 Schedule On-time completion

95%

2 Installation Meets spec with no rework

97%

3 Commissioning 100% complete & accurate

100%

4 Documentation On time & complete

100%

5 Communication Full participation and responsiveness

100%

14.5 Surveillance Methods

• Direct observation

• Document review

• Random sampling

• User feedback

14.6 Corrective Actions

• If deficiencies occur:

• COR notifies Contractor in writing.

• Contractor must submit corrective plan within 5 business days.

• Repeated deficiencies may result in personnel removal, suspension of work, or CO-directed remedies.

Section D - Packaging And Marking

There are no clauses/provisions included in this section.

Section E - Inspection And Acceptance

Section F - Deliveries Or Performance

F.1 FAR 52.211-10 Commencement, Prosecution, and Completion of Work (Apr 1984)

The Contractor shall be required to –

(a) commence work under this contract within 10 calendar days after the date the Contractor receives the award,

(b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than 180 days from Notice-to-Proceed. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

Section G - Contract Administration Data

G.1 HHSAR 352.232-71 Electronic Submission of Payment Requests (Feb 2022)

(a) Definitions. As used in this clause—

(1) “ Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), “Content of Invoices” and the applicable Payment clause included in this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Department of Treasury Invoice Processing Platform (IPP) or successor system. Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.

(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with HHS procedures.

(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer's written authorization with each payment request.

(End of Clause)

G.2 CDC0_G008 Contracting Officer’s Representative (COR) (Jul 2017)

Performance of the work hereunder shall be subject to the technical directions of the designated COR for this contract.

As used herein, technical directions are directions to the Contractor which fill in details, suggests possible lines of inquiry, or otherwise completes the general scope of work set forth herein. These technical directions must be within the general scope of work, and may not alter the scope of work or cause changes of such a nature as to justify an adjustment in the stated contract price/cost, or any stated limitation thereof.

In the event that the Contractor believes full implementation of any of these directions may exceed the scope of the contract, he or she shall notify the originator of the technical direction and the Contracting Officer, immediately or as soon as possible, in a letter or e-mail separate of any required report(s). No technical direction, nor its fulfillment, shall alter or abrogate the rights and obligations fixed in this contract.

The Government COR is not authorized to change any of the terms and conditions of this contract. Contract changes shall be made only by the Contracting Officer by properly written modification(s) to the contract.

The Government will provide the Contractor with a copy of the COR delegation memorandum upon request.

(End of Clause)

G.3 CDCP_G009 Contracting Officer (Jul 1999) (a) The Contracting Officer is the only individual who can legally commit the Government to the expenditure of public funds. No person other than the Contracting Officer can make any changes to the terms, conditions, general provisions, or other stipulations of this contract.

(b) No information, other than that which may be contained in an authorized modification to this contract, duly issued by the Contracting Officer, which may be received from any person employed by the United States Government, or otherwise, shall be considered grounds for deviation from any stipulation of this contract.

(End of Clause)

G.4 CDC0_G018 Payment by Electronic Funds Transfer (Feb 2018)

(a) The Government shall use electronic funds transfer to the maximum extent possible when making payments under this contract. FAR 52.232-33, Payment by Electronic Funds Transfer –System for Award Management, in Section I, requires the contractor to designate in writing a financial institution for receipt of electronic funds transfer payments.

(b) In the case that EFT information is not within the System of Award Management, FAR 52.232-34 requires mandatory submission of Contractor’s EFT information directly to the office designated in this contract to receive that information (hereafter: “designated office”); see below. The contractor shall submit the EFT information within the form titled “ACH Vendor/Miscellaneous Payment Enrollment Form” to the address indicated below. Note: The form is either attached to this contract (see Section J, List of Attachments) or may be obtained by contacting the Contracting Officer or the CDC Office of Financial Resources at 678-475-4510.

(c) In cases where the contractor has previously provided such information, i.e., pursuant to a prior contract/order, and been enrolled in the program, the form is not required unless the designated financial institution has changed.

(d) The completed form shall be mailed after award, but no later than 14 calendar days before an invoice is submitted, to the following address:

The Centers for Disease Control and Prevention

Office of Financial Resources (OFR)

P.O. Box 15580

Atlanta, GA 30333

Or – Fax copy to: 404-638-5342

(End of Clause)

G.5 CDCA_G021 Applicable Wage Rate Requirements (Construction) (May 2020)

The attached General Decision No. GA20260305, dated 01/23/2026, specifies hourly rates of wages that shall be paid to laborers and mechanics employed or working at the site of the work, as defined in FAR 22.401. These rates have been determined by the Secretary of Labor in accordance with the provisions of the Construction Wage Rate Requirements Statute.

Section H - Special Contract Requirements

H.1 CDCA.H017 Availability and Use of Utility Services (Jul 1999)

In accordance with FAR 52.236-14, Availability and Use of Utility Services, the following utility services will be made available under the contract:

Water: Yes (reasonable usage from existing sources)

Electricity: Yes (reasonable usage from existing sources)

Gas: No

Restroom Access: Yes (reasonable usage from existing sources)

Waste Disposal: No

(End of Clause)

H.2 CDCA.H018 Minimum Required Insurance (Jul 2017)

In accordance with FAR Clause 52.228-5, Insurance, Work on a Government Installation, and the requirements of FAR section 28.307-2, Liability, the Contractor shall furnish a certificate of insurance of the following types and minimum amounts which shall be obtained and maintained during the entire period of performance of this contract:

(a) Workman’s Compensation and Employees Liability Insurance - as specified by applicable statute, but not less than $100,000;

(b) General Liability Insurance - Bodily Injury Liability - $500,000 per occurrence;

(c) Automobile Liability Insurance - $200,000 per person, $500,000 per occurrence bodily injury;

$20,000 per occurrence property damage.

(End of Clause)

H.3 CDC0.H049 Non-Disclosure Agreement for Contractor and Contractor Employees (Jun 2020)

(a) The contractor and contractor employees shall prepare and submit Non-Disclosure Agreements (NDA) to the Contracting Officer prior to access of government information or the commencement of work at CDC.

*See Section J

(b) The NDAs, at Exhibit I and II, are required in service contracts where contractor’s employees will have access to non-public and procurement-sensitive information while performing functions in support of the Government. The NDA also requires contractor’s employees properly identify themselves as employees of a contractor when communicating or interacting with CDC employees, employees of other governmental entities, and members of the public (when communication or interaction relates to the contractor’s work with the CDC). The Federal Acquisition Regulation (FAR) 37.114 (c), states “All contractor personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public or Congress that they are Government officials, unless, in the judgment of the agency, no harm can come from failing to identify themselves. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.”

(c) The contractor shall inform contractor employees of the identification requirements by which they must abide and monitor employee compliance with the identification requirements.

(d) During the contract performance period, the contractor is responsible to ensure that all additional or replacement contractors’ employees sign an NDA and it is submitted to the Contracting Officer prior to commencement of their work with the CDC.

(e) Contractor employees in designated positions or functions that have not signed the appropriate NDA shall not have access to any non-public, procurement sensitive information or participate in government meetings where sensitive information may be discussed.

(f) The Contractor shall prepare and maintain a current list of employees working under NDAs and submit to the Contracting Officer upon request during the contract period of performance. The list should at a minimum include:

contract number, employee’s name, position, date of hire and NDA requirement.

Section I - Contract Clauses

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 SOURCE TITLE AND DATE

52.204-2 Alt II Security Requirements (Mar 2021) -

Alternate II (APR 1984) 52.228-12 Prospective Subcontractor Requests for

Bonds (May 2014) 52.236-13 Accident Prevention (Nov 1991) 52.236-14 Availability and Use of Utility Services (Apr

1984) *See Section H.1 - CDCA.H017 Availability and Use of Utility Services (Jul 1999)*

52.243-5 Changes and Changed Conditions (Apr 1984)

52.246-21 Warranty of Construction (Mar 1994)

Section I-1 - Clauses Incorporated By Reference

I.1 FAR 52.204-30 Federal Acquisition Supply Chain Security Act Orders—Prohibition (Dec 2023)

(a) Definitions. As used in this clause—

Covered article, as defined in 41 U.S.C. 4713(k), means—

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153);

(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or

(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.

FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring the removal of covered articles from executive agency information systems or the exclusion of one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201– 1.303(d) and (e):

(1) The Secretary of Homeland Security may issue FASCSA orders applicable to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.

75D301-26-R-73434 Page 12 of 26

(2) The Secretary of Defense may issue FASCSA orders applicable to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.

(3) The Director of National Intelligence (DNI) may issue FASCSA orders applicable to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.

Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—

(1) The Office of the Director of National Intelligence;

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;

(9) The Bureau of Intelligence and Research of the Department of State;

(10) The Office of Intelligence and Analysis of the Department of the Treasury;

(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or

(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.

National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency—

(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or

(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of any covered articles, or any products or services produced or provided by a source. This applies when the covered article or the source is subject to an applicable FASCSA order. A reasonable inquiry excludes the need to include an internal or third-party audit.

Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.

Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information.

Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.

(b) Prohibition.

(1) Unless an applicable waiver has been issued by the issuing official, Contractors shall not provide or use as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA orders as follows:

(i) For solicitations and contracts awarded by a Department of Defense contracting office, DoD FASCSA orders apply.

(ii) For all other solicitations and contracts DHS FASCSA orders apply.

(2) The Contractor shall search for the phrase “FASCSA order” in the System for Award Management (SAM) at https://www.sam.gov to locate applicable FASCSA orders identified in paragraph (b)(1).

(3) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the solicitation and resultant contract.

(4) A FASCSA order issued after the date of solicitation applies to this contract only if added by an amendment to the solicitation or modification to the contract (see FAR 4.2304(c)). However, see paragraph (c) of this clause.

(5) (i) If the contractor wishes to ask for a waiver of the requirements of a new FASCSA order being applied through modification, then the Contractor shall disclose the following:

(A) Name of the product or service provided to the Government;

(B) Name of the covered article or source subject to a FASCSA order;

(C) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied or supplies the covered article or the product or service to the Offeror;

(D) Brand;

(E) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(F) Item description;

(G) Reason why the applicable covered article or the product or service is being provided or used;

(ii) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (b)(5)(i) to determine if any waiver is warranted. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise covered by a FASCSA order and to instead pursue other appropriate action.

(c) Notice and reporting requirement. (1) During contract performance, the Contractor shall review SAM.gov at least once every three months, or as advised by the Contracting Officer, to check for covered articles subject to FASCSA order(s), or for products or services produced by a source subject to FASCSA order(s) not currently identified under paragraph (b) of this clause.

(2) If the Contractor identifies a new FASCSA order(s) that could impact their supply chain, then the Contractor shall conduct a reasonable inquiry to identify whether a covered article or product or service produced or provided by a source subject to the FASCSA order(s) was provided to the Government or used during contract performance.

(3) (i) The Contractor shall submit a report to the contracting office as identified in paragraph (c)(3)(ii) of this clause, if the Contractor identifies, including through any notification by a subcontractor at any tier, that a covered article or product or service produced or provided by a source was provided to the Government or used during contract performance and is subject to a FASCSA order(s) identified in paragraph (b) of this clause, or a new FASCSA order identified in paragraph (c)(2) of this clause. For indefinite delivery contracts, the Contractor shall report to both the contracting office for the indefinite delivery contract and the contracting office for any affected order.

(ii) If a report is required to be submitted to a contracting office under (c)(3)(i) of this clause, the Contractor shall submit the report as follows:

(A) If a Department of Defense contracting office, the Contractor shall report to the website at https://dibnet.dod.mil.

(B) For all other contracting offices, the Contractor shall report to the Contracting Officer.

(4) The Contractor shall report the following information for each covered article or each product or service produced or provided by a source, where the covered article or source is subject to a FASCSA order, pursuant to paragraph (c)(3)(i) of this clause:

(i) Within 3 business days from the date of such identification or notification:

(A) Contract number;

(B) Order number(s), if applicable;

(C) Name of the product or service provided to the Government or used during performance of the contract;

(D) Name of the covered article or source subject to a FASCSA order;

(E) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Contractor;

(F) Brand;

(G) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(H) Item description; and

(I) Any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (c)(4)(i) of this clause:

(A) Any further available information about mitigation actions undertaken or recommended.

(B) In addition, the Contractor shall describe the efforts it undertook to prevent submission or use of the covered article or the product or service produced or provided by a source subject to an applicable FASCSA order, and any additional efforts that will be incorporated to prevent future submission or use of the covered article or the product or service produced or provided by a source that is subject to an applicable FASCSA order.

(d) Removal. For Federal Supply Schedules, Governmentwide acquisition contracts, multi-agency contracts or any other procurement instrument intended for use by multiple agencies, upon notification from the Contracting Officer, during the performance of the contract, the Contractor shall promptly make any necessary changes or modifications to remove any product or service produced or provided by a source that is subject to an applicable FASCSA order.

(e) Subcontracts.

(1) The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (c)(1) of this clause, in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products and commercial services.

(2) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the contract and any subcontracts and other contractual instruments under the contract. The Contractor or higher-tier subcontractor shall notify their subcontractors, and suppliers under other contractual instruments, that the FASCSA orders in the solicitation that are not in SAM apply to the contract and all subcontracts.

(End of clause)

I.2 FAR 52.225-9 Buy American-Construction Materials (Nov 2021)

(a) Definitions. As used in this clause—

Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is–

(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” at Federal Acquisition Regulation (FAR) 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

"Construction material" means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

Cost of components means—

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Domestic construction material means—

(1) For construction material that does not consist wholly or predominantly of iron or steel or a combination of both-

(i) An unmanufactured construction material mined or produced in the United States; or

(ii) A construction material manufactured in the United States, if–

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 55 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of unknown origin are treated as foreign; or

(B) The construction material is a COTS item; or

(2) For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all components used in such construction material. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the definition of "cost of components".

Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

Foreign construction material means a construction material other than a domestic construction material.

Foreign iron and steel means iron or steel products not produced in the United States. Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.

"United States" means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference. (1) This clause implements 41 U.S.C. chapter 83, Buy American, by providing a preference for domestic construction material. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for construction material that is a COTS item, except that for construction material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the construction materials, excluding COTS fasteners. (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to information technology that is a commercial product or to the construction materials or components listed by the Government as follows: NONE.

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that-

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent;

(ii) The application of the restriction of the Buy American statute to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American statute. (1) (i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including-

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American statute applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American statute applies, use of foreign construction material is noncompliant with the Buy American statute.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

FOREIGN AND

DOMESTIC

CONSTRUCTION

MATERIALS PRICE

COMPARISION

Construction Materials Description

Unit of Measure Quantity Price (Dollars)*

Item 1:

Foreign construction material

Domestic construction material

Item 2:

Foreign construction material

Domestic construction material

[* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued)].

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.]

[Include other applicable supporting information.]

(End of clause)

I.3 FAR 52.228-15 Performance and Payment Bonds-Construction (Jun 2020) (DEVIATION)

(a) Definitions. As used in this clause-

Original contract price means the award price of the contract; or, for requirements contracts, the price payable for the estimated total quantity; or, for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award.

(b) Amount of required bonds. Unless the resulting contract price is $150,000 or less, the successful offeror shall furnish performance and payment bonds to the Contracting Officer as follows:

(1) Performance bonds (Standard Form 25[, except that a seal is not required]). The penal amount of performance bonds at the time of contract award shall be 100 percent of the original contract price.

(2) Payment bonds (Standard Form 25A[, except that a seal is not required]). The penal amount of payment bonds at the time of contract award shall be 100 percent of the original contract price.

(3)…