AFB BLM Carpet RFQ_Rev4.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER

EQ10PCPB1-23-0002

PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

47PL0223Q0022

DATE

4/27/2023

7. FOR SOLICITATION

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

INFORMATION CALL:

Cynthia Zhang 253-347-7837

LOCAL TIME

5/16/2023

6:00 PM (EST)

9. ISSUED BY CODE 10PQDA 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: 100 % FOR:

Acquisition Management Division SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

Services Branch Team A

1301 A Street, Suite 610

Tacoma, WA 98401 USA

11. DELIVERY FOR FOB DESTINA- 12. DISCOUNT TERMS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

SMALL BUSINESS PROGRAM

EDWOSB

8 (A)

13b. RATING

NAICS:

238330

SIZE STANDARD:

$16.5M

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700) 14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO

222 W 7TH AVE

ANCHORAGE, AK 99513-7500

CODE AK0031AA 16. ADMINISTERED BY CODE

Acquisition Management Division

Services Acquisitions Branch

1301 A Street, Suite 610

Tacoma, WA 98401 USA

10PQD

17a. CONTRACTOR/

OFFEROR

CODE FACILITY

CODE

18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

OFFER BELOW IS CHECKED

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See below for additional information

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

Please see attached

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE

ARE NOT ATTACHED

ARE NOT ATTACHED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

Joshua Anderson

31c. DATE SIGNED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT

COMPLETE PARTIAL FINAL

37. CHECK NUMBER

PARTIAL FINAL

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

PAGE OF

3 3

ITEM NO.

(a)

SUPPLIES OR SERVICES

(b)

QUANTITY

ORDERED

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

0001 AFB BLM Carpet Install

The BLM requires new carpet and cove base to be installed in phases, starting with (1) the Human Resources Office; (2) the E Module (includes Budget, back side of the print shop, and FOIA); (3) the C Module; and last, the F Module

(preferably in the summer of 2023). This installation will require the careful removal and reinstallation of systems furniture, storage cabinets, wall storage cabinets, tables, bookcases, boxes, etc. to provide new carpet and cove base to area. It will also require contractor to install carpet to ensure access to the existing floor outlets. Requirement is not an Inherently Governmental Function (IGF).

Deliverable

PSC: S214 -- HOUSEKEEPING- CARPET LAYING/CLEANING

Contract Type: Firm Fixed Price

PoP: 330 days from the date of award.

Place of Performance: Design and Construction Division, NW

Project Delivery Team 222 W 7th Avenue Anchorage, AK 99501 USA

1 LS

GENERAL SERVICES ADMINISTRATION

GSA GSA GSA GSA GSA GSA GSA GSA GSA GSA GSA GSA

ISSUANCE OF THIS SOLICITATION DOES NOT WARRANT THAT FUNDS ARE PRESENTLY AVAILABLE FOR

AWARD OF A CONTRACT. AWARD OF A CONTRACT SHALL BE SUBJECT TO THE AVAILABILITY OF

APPROPRIATED FUNDS, AND THE GOVERNMENT SHALL INCUR NO OBLIGATION UNDER THIS SOLICITATION IN

ADVANCE OF SUCH TIME AS FUNDS ARE MADE AVAILABLE TO THE CONTRACTING OFFICER FOR THE

PURPOSE OF CONTRACT AWARD.

THIS RFQ IS A TOTAL SMALL BUSINESS SET ASIDE UNDER NAICS 238330 USING FAR13 SIMPLIFIED

ACQUISITION.

The North American Industry Classification System (NAICS) code for this project is 238330 with a size standard of $16.5M

SOLICITATION NO: 47PL0223Q0022

PROJECT: AFB BLM Carpet Purchase and Installation

LOCATION: 222 W 7th Avenue, Anchorage, AK 99513

PERIOD OF PERFORMANCE: 330 Days from the Date of Award

SOLICITATION ISSUE DATE: 04/27/2023

SITE VISIT PRE-REGISTRATTION DATE/TIME: 04/28/2023 at 6:00 PM, PST.

SITE VISIT DATE/TIME: 05/02/2023 at 11:00AM, Alaska Time

QUESTION DUE DATE/TIME: 05/08/2023 at 6:00 PM, PST

QUOTE PACKAGE DUE DATE/TIME: 05/16/2023 at 6:00 PM, PST.

NOTE: ANY QUESTIONS REGARDING THIS SOLICITATION MAY BE DIRECTED TO THE FOLLOWING GSA PERSONNEL IN WRITING BY May 8, 2023, 6:00 PM, PST:

Cynthia Zhang, cynthia.zhang@gsa.gov

GENERAL SERVICES ADMINISTRATION

PUBLIC BUILDING SERVICES

NORTHWEST ARCTIC REGION

FACILITIES MANAGEMENT SERVICES PROGRAM

SERVICE CONTRACTS BRANCH (10PMM)

1301 A STREET

TACOMA, WASHINGTON 98402

mailto:cynthia.zhang@gsa.gov

Type of Contract – The resulting contract (Purchase Order) will be a Firm Fixed-Priced (FFP).

Applicable Regulations – The solicitation and source selection procedures will follow the following FAR procedures:

- FAR 13

Source Selection

- Source Selection Method: Lowest Price Technically Acceptable

- Evaluation Factors: Award will be made to the proposal that offers the best value to the Government based on the offeror’s price and technically acceptable.

TECHNICAL REQUIREMENTS

1. Contractors shall provide a narrative summary to demonstrate their capabilities along with their staff plan and approach to perform the carpet and cave installation services along with moving and replacing any furniture/movable equipment.

2. Contractors shall submit at least one (1) relevant project of similar size, scope, and complexity. Project shall be completed within the last three (3) years.

Instructions for Submitting Quote

Questions should be submitted no later than May 08, 2023 @ 6:00 PM PST, in writing to cynthia.zhang@gsa.gov. Responses to questions will be posted to the SAM.gov, government point of entry.

Any questions that result in a change to the RFQ will be posted to the SAM.gov system. The decision whether to address questions submitted after the question closing date shall be at the sole discretion of the

Contracting Officer. The RFQ will remain unchanged unless amended in writing posted through the SAM.gov system. It is the responsibility of each contractor to review the SAM.gov system for notice of amendments or updates to the RFQ. The Government reserves the right to extend the solicitation prior to the posted closing date for any reason.

The Government reserves the right to respond only to questions relevant to Quote preparation.

• Quote packages are to be furnished electronically to cynthia.zhang@gsa.gov no later than May 16, 2023 @ 6:00 PM PST.

• SF1449 Form – Offeror shall complete and sign the SF1449, Blocks 17, 30a-30c.

• Contractor Information Worksheet (CIW) - To be submitted after award for each employee working onsite. Use separate attached CIW.

Provided below are instructions for the preparation and submission of quotes. The purpose is to establish requirements for the format and content of quotes so that quotes are complete, contain all essential information and can be evaluated equitably.

The RFQ package shall be as follows:

INCONSISTENCIES IN SPECIFICATIONS

Quoters are prohibited from modifying, in any way, shape, or form, any documents, printed or electronic, associated with this solicitation, including, but not limited to, the specifications and any amendment(s) thereto. The electronic solicitation documents, as posted on the SAM.gov system shall be the "official" documents for this solicitation. Any inconsistency between the official documents posted on the SAM.gov system and the contractor’s copy of these documents shall be resolved by giving precedence to the official documents posted on the SAM.gov system.

SOLICITATION NO. 47PL0223Q0022

GENERAL SERVICES ADMINISTRATION’S MISSION

To provide quality services required by our clients in a timely manner and to ensure the best value to the

Federal Government and the public thereby enhancing our clients’ ability to accomplish their mission.

“SHALL” “WILL” and “MUST”

Throughout this solicitation, the terms “shall” “will” and “must” are used. “Shall” “will” and “must” denote the imperative. They indicate an obligation to act. In this solicitation, and any resulting contract, “shall” “will” and “must” have the same meaning.

SOLICITATION ISSUED ELECTRONICALLY

This solicitation is being issued electronically as of the solicitation issue date on the title page. The quoter shall not alter the solicitation or any component thereof (i.e. drawings, etc.). The Government’s version of the solicitation and accompanying components take precedence if a discrepancy arises between the version issued by the Government and the signed documents submitted by the quoter.

INFORMATION COLLECTION REQUIREMENTS

The information collection requirements contained in this solicitation/contract are either required by regulation or approved by the Office of Management and Budget pursuant to the Paperwork Reduction

Act and assigned OMB Control No. 3090-0163.

SYSTEM FOR AWARD MANAGEMENT (SAM) REPLACES CCR and ORCA

In accordance with FAR Parts 1, 2, 4, 13, 32, and 52 contractors must have an active profile in the SAM database prior to award of any contract, basic agreement, basic ordering agreement, or blanket purchase agreement. No award will be made to any contractor without an active profile in SAM.

SAFEGUARDING DOCUMENTS

Associated plans, drawings, or specifications provided under this solicitation are intended for use by prospective bidders/quoters (and their subcontractors and suppliers). In support of this requirement, GSA requires bidders/quoters to exercise reasonable care when handling documents relating to building drawings/plans, security equipment, security equipment installations, and contract guard service, to include:

1) Limiting reproduction and/or dissemination of covered materials only to persons/parties related to this acquisition or otherwise authorized to receive such information.

2) Making every possible effort that is reasonable and prudent to prevent unauthorized disclosure of this information.

3) Upon award and completion of any appeals process, unsuccessful bidders/quoters making every reasonable and prudent effort to destroy or render useless all information/documentation received during the solicitation and/or appeals process; and

4) The awardee continuing the efforts required above throughout the entire term of contract and for what specific time thereafter as may be necessary, as determined by the awardee.

ATTENTION QUOTERS: This notice has been prepared to point out some of the important sections or requirements of this solicitation or to provide you with additional information related to this proposed contract. Please note that it is not inclusive - you are cautioned to carefully read the entire solicitation in order to be fully aware of all requirements, provisions, and clauses.

SCOPE OF WORK BASED SPECIFICATIONS

Note that the service specifications included in this solicitation are based on the specifications stated in the Scope to Work. These specifications express the Government’s requirements in the form of minimum quality standards. Work schedule, staff plan, and methods of performance are to be determined by quoters.

OVERVIEW

The objective of this acquisition is to award one Indefinite Delivery/Indefinite Quantity (IDIQ) single award, in accordance with Federal Acquisition Regulation (FAR) 16.504, for the services described herein.

This requirement is a total small business set-aside, with a NAICS code of 238330, with a size standard of $16.5M.

NOTICE CONCERNING COMPLETION OF SOLICITATIONS

Quoters are cautioned to carefully read the entire solicitation in order to be fully aware of all requirements, provisions and clauses. Fill-ins should be properly completed and verified. All copies should contain the same information. Verify calculations before signing your bid.

FAIR LABOR STANDARDS/SERVICE CONTRACT ACT PRICE ADJUSTMENT PROVISIONS

This is a onetime service contract that not exceeding a year, quoters should note the Applicable Wage

Determination #2015-5681, Rev.17, Dec.27, 2022.

PROMPT PAYMENT DISCOUNT

The SF 1449 of the solicitation and possibly the solicitation pricing page(s) are to be used to offer prompt payment discounts. Payment terms are set forth in the Prompt Payment clause in this solicitation. Quoters are cautioned against inserting any statement that indicates that payment is due sooner that the time stipulated in the Prompt Payment clause. EXAMPLE: Inserting "Net 20" may cause the offer to be rejected as unacceptable, because the entry would be contrary to the 30- day payment terms specified in the Prompt Payment clause.

OPTION TO EXTEND SERVICES

Quoters should note that this solicitation includes FAR 52.217-8, Option to Extend Services, which allows the Government the unilateral option to extend the term of any resultant contract up to six months, exclusive of any other option provisions which may be included as part of any resultant contract.

NOTICE TO PROCEDURES (NTP)

Notice to Proceed (NTP) will NOT be issued until the COR has officially notified the CO that ap- proved clearances for proposed employees have been received and approved.

PREPARATION COSTS

This RFQ does not commit the Government to pay for the preparation of and /or submission of a quotation.

CONTRACT PROVISIONS & CLAUSES

52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services (Dec 2022)

ADDENDUM to FAR CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have 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 following clauses are incorporated into 52.212-4 as an addendum to this contract:

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.acquisition.gov/far/ www.acquisition.gov/gsam/

The Contractor agrees to comply with the clause that is incorporated herein by reference to implement agency policy applicable to the acquisition of commercial items and services. The date of the clause in the regulation that is applicable at the time the solicitation is issued applies unless otherwise stated. The following provisions and clauses are incorporated by reference:

FAR Title Date

Number

52.204-9

Personal Identity Verification of Contractor Personnel

JAN 2011

52.204-13 System for Award Management Maintenance OCT 2018

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment

AUG 2019

52.204-70 System for Award Management OCT 2018

52.212-4 Contract Term and Conditions – Commercial Items OCT 2018

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011

52.237-2 Protection of Government Buildings, Equipment, and Vegetation APR 1984

52.246-4 Inspection of Services-Fixed-Price AUG 1996

FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of

Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within thirty

(30) days of contract expiration.

552.212-71 CONTRACT TERMS AND CONDITIONS APPLICABLE TO GSA ACQUISITION OF

COMMERCIAL ITEMS. (MAY 2019)

(a) The Contractor agrees to comply with any clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The clauses in paragraph (b) of this section are incorporated by reference:

(b) Clauses:

552.229-70 FEDERAL, STATE, AND LOCAL TAXES. (JAN 2016)

The contract price includes all applicable Federal, State, and local taxes. No adjustment will be made to cover taxes which may subsequently be imposed on this transaction or changes in the rates of currently applicable taxes.

http://www.acquisition.gov/far/ http://www.acquisition.gov/gsam/

However, the Government will, upon the request of the Contractor, furnish evidence appropriate to establish exemption from any tax from which the Government is exempt and which was not included in the contract price.

(End of clause)

552.232-1 PAYMENTS

(a) The Government shall pay the Contractor, without submission of invoices or vouchers, 30days after the service period, the prices stipulated in this contract for supplies delivered and accepted or services rendered and accepted, less any deductions provided in this contract.

(b) Unless otherwise specified in this contract, the Government will make payment on partial deliveries accepted by the Government if either:

(1) The amount due on the deliveries warrants it.

(2) The Contractor requests it and the amount due on the deliveries is at least $1,000 or 50percent of the total contract price.

(c) When processing payment, GSA’s Finance Office will automatically generate the 12-digit invoice number using the PDN assigned to the contract, followed by an abbreviated month and year of service (e.g., 84261554JUN7, for

June 2007). The PDN appears on the contract award document.

(End of Clause)

INSURANCE REQUIREMENTS (IF APPLICABLE)

Evidence of insurance is to be provided to the address below before contract start date: General Services Administration

Acquisition Management Division Services Acquisition Branch (10PQD)1301 A Street, Tacoma, WA 98402.

• Worker's Compensation and Employer's Liability:

The Contractor is required to comply with applicable Federal and State Worker's compensation and occupational disease statutes; however, notwithstanding the permissibility of deductibles under those statutes, occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy. Employer's liability coverage of at least

$100,000 each accident shall be required except in states with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

Even though the laws of a State might allow a contractor to be a non-subscriber to worker's compensation, the Contractor is required to carry and maintain worker's compensation insurance (without any deductibles) and employer's liability insurance. If occupational diseases are not covered under the worker's compensation policy, it must be covered under the employer's liability section of the insurance policy.

Employer's liability insurance coverage must be as specified in paragraph A above.

• GENERAL LIABILITY INSURANCE:

General Liability insurance coverage written on the comprehensive form of policy is required in the amount of $500,000.00 per occurrence for bodily injury, $50,000 per occurrence for property damage.

PBS 3490.3 - Safeguarding and Dissemination of Controlled Unclassified Information (CUI) Building

Information (Oct 16, 2019)

Safeguarding and Dissemination of Controlled Unclassified Information (CUI) Building Information

This clause applies to all recipients of CUI building information (which falls within the CUI Physical Security category), including offerors, bidders, awardees, contractors, subcontractors, lessors, suppliers and manufacturers.

Marking CUI. Contractors must submit any contractor-generated documents that contain building information to

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

1. Authorized recipients.

a. Building information designated as CUI must be protected with access strictly controlled and limited to those individuals having a Lawful Government Purpose to access such information, as defined in 32 C.F.R. §

2002.4(bb). Those with such a Lawful Government Purpose may include Federal, state and local government entities, and non-governmental entities engaged in the conduct of business on behalf of or with GSA. Non-governmental entities may include architects, engineers, consultants, contractors, subcontractors, suppliers, utilities, and others submitting an offer or bid to GSA, or performing work under a GSA contract or subcontract.

Recipient contractors must be registered as “active” in the System for Award Management (SAM) database at www.sam.gov, and have a Lawful Government Purpose to access such information. If a subcontractor is not registered in the SAM database and has a Lawful Government Purpose to possess CUI building information in furtherance of the contract, the subcontractor must provide to the contractor its DUNS number or its tax ID number and a copy of its business license. The contractor must keep this information related to the subcontractor for the duration of the contract and subcontract.

b. All GSA personnel and contractors must be provided CUI building information when needed for the performance of official Federal, state, and local government functions, such as for code compliance reviews and the issuance of building permits. Public safety entities such as fire and utility departments may have a Lawful

Government Purpose to access CUI building information on a case-by-case basis. This clause must not prevent or encumber the necessary dissemination of CUI building information to public safety entities.

2. Dissemination of CUI building information:

a. By electronic transmission. Electronic transmission of CUI information outside of the GSA network must use session encryption (or alternatively, file encryption) consistent with National Institute of Standards and Technology

(NIST) SP 800-171. Encryption must be through an approved NIST algorithm with a valid certification, such as

Advanced Encryption Standard or Triple Data Encryption Standard, in accordance with Federal Information

Processing Standards Publication 140-2, Security Requirements for Cryptographic Modules, as required by GSA policy.

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

i. By mail. Contractors must only use methods of shipping that provide services for monitoring receipt such as track and confirm, proof of delivery, signature confirmation, or return receipt.

ii. In person. Contractors must provide CUI building information only to authorized recipients with a Lawful

Government Purpose to access such information. Further information on authorized recipients is found in section

1 of this clause.

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

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

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

Access to the information must be limited to those with a Lawful Government Purpose for access.

5. Destroying CUI building information. When no longer needed, CUI building information must either be returned to the

CO or destroyed in accordance with guidelines in NIST Special Publication 800-88, Guidelines for Media Sanitization.

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

7. CUI security incidents. All improper disclosures or receipt of CUI building information must be immediately reported to the CO and the GSA Incident Response Team Center at gsa-ir@gsa.gov. If the contract provides for progress payments, the

CO may withhold approval of progress payments until the contractor provides a corrective action plan explaining how the contractor will prevent future improper disclosures of CUI building information. Progress payments may also be withheld for failure to comply with any provision in this clause until the contractor provides a corrective action plan explaining how the contractor will rectify any noncompliance and comply with the clause in the future.

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

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS

BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)

(a) Definitions. As used in this clause–

“Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public 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.

(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 mailto:gsa-ir@gsa.gov http://uscode.house.gov/ devices (including other information systems).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

FAR 52.212-5 -- CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS -- COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2022)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section

743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky

Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_203-19 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id189A70O0P1N https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#unique_1605198408 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1062680 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1048661 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

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

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41

U.S.C. 4704 and 10 U.S.C. 2402).

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

X__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010)

(Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (

31 U.S.C. 6101 note).

__ (5) [Reserved].

_X_ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-

117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or

Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note).

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

2313).

__ (10) [Reserved].

__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C. 657a).

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__ (13) [Reserved]

__ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Mar 2020) of 52.219-6 (15 U.S.C. 644).

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

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

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

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(d)(2) and (3)).

_X_ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) ( 15 U.S.C. 637(d)(4)).

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

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

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

__ (v) Alternate IV (Sep 2021) of 52.219-9.

__ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

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

__ (19) 52.219-14, Limitations on Subcontracting (Oct 2022) ( 15 U.S.C. 637s).

_X_ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) ( 15 U.S.C. 657f).

__ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Oct 2022) ( 15 U.S.C. 632(a)(2)).

(ii) Alternate I (MAR 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small

Business Concerns (Oct 2022) ( 15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible

Under the Women-Owned Small Business Program (Oct 2022) ( 15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)).

_X_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2022) (E.O.13126).

_X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

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_X_ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

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

_X_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

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

_X_ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

X__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

__ (35) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O. 13627).

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

_X_ (36) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42

U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.

13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016)

(E.O. 13693).

__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

_X_ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C.

8259b). __ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and

13514).

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

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

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

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

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

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

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Oct 2022) ( 41 U.S.C.chapter83, 19 U.S.C.

3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (Jan 2021) of 52.225-3.

__ (iii) Alternate II (Jan 2021) of 52.225-3.

__ (iv) Alternate III (Jan 2021) of 52.225-3.

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

__ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021)

( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.

3332).

__ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

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