B01 75H70122Q00037 PRA 170 UR AH 9-10.pdf

INDIAN HEALTH SERVICE

DIVISION OF ENGINEERING SERVICES

SEATTLE

REQUEST FOR PROPOSAL: 75H70122Q00037

PROJECT: Pine Ridge Ashrae 170 Upgrade/Repair Ah-9-10

PROJECT TABLE OF CONTENTS:

Section Taxonomy PDF Page

Section A Standard Form 1449 2

Section B Schedule of Items 5

Section C Description and Specification (Statement of Work) 7

Section D Packaging and Markings 21

Section E Inspection and Acceptance 22

Section F Deliveries or Performance 23

Section G Contract Administration Data 24

Section H Special Task Order Requirements 27

Section I Contract Clauses 28

Section J List of Documents, Exhibits 39

Section K Representations and Certifications 40

Section L Instruction, Conditions and Notices 64

Section M Evaluation Factors for Award 69

*Offers must set forth full, accurate, and complete information as required by this request for quotes (including attachments). The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

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

DATE

7. FOR SOLICITATION

INFORMATION CALL:

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

8. OFFER DUE DATE/

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

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: REFERENCE 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

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

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) 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

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30. 2 of 69

75H70122Q00037

Daniel Cotto, daniel.cotto@ihs.gov 206-615-2790

IHS NET 30

Pine Ridge Hospital 607 Indian Health Rd.

Pine Ridge, SD 57770

Division of Eng. Services Seattle 701 Fifth Avenue, Suite 1600 Seattle WA 98104

1 Project Management And Mobilization 1 EA 2 Mechanical Hvac and Piping 1 EA 3 Controls 1 EA 4 Electrical 1 EA 5 Taxes, Tero, Fees, Misc. 1 EA

238220

$16.5 million

9/01/2022

LOCALTIME

9/30/2022 17:00 Eastern

Division of Eng. Services Seattle 701 Fifth Avenue, Suite 1600 Seattle WA 98104

X X

STOCK RECORD (S/R)

STANDARD FORM 1449 (REV. 11/2021) BACK

19.

ITEM NUMBER

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:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE RECEIVED (MM/DD/YYYY) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

32g. EMAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

75H70122Q00037 Pine Ridge Ashrae 170 - Upgrade/Repair Ah-9 & 10

SECTION A

Standard Form 1449

A.1. Block 10 of the SF-1449:

100% Indian Small Business Economic Enterprise (ISBEE) set-aside IAW 352.226-4.

https://www.federalregister.gov/documents/2022/01/13/2021-28156/acquisition-regulations-buy-i ndian-act-procedures-for-contracting

352.226-4 Notice of Indian Small Business Economic Enterprise set-aside .

Under the Buy Indian Act, 25 U.S.C. 47, offers are solicited only from Indian Economic Enterprises (HHSAR 326.606) that are also small business concerns. Any acquisition resulting from this solicitation will be from such a concern. As required by HHSAR § 352.226-7(b), offerors shall include a completed Indian Economic Enterprise Representation form in response to Sources Sought Notices, Request for Information (RFI) and as part of the proposal submission. The Indian Economic Enterprise Representation form, available on the IHS DAP public website ( www.IHS.gov/ DAP ), shall be included in synopses, presolicitation notices, and solicitations for the acquisitions under the Buy Indian Act. Offers received from enterprises that are not both Indian Economic Enterprises and small business concerns will not be considered and will be rejected.

(End of provision)

End of Section https://www.federalregister.gov/documents/2022/01/13/2021-28156/acquisition-regulations-buy-indian-act-procedures-for-contracting https://www.federalregister.gov/documents/2022/01/13/2021-28156/acquisition-regulations-buy-indian-act-procedures-for-contracting

SECTION B

SUPPLIES OR SERVICES AND PRICE/COSTS

Price Schedule

Item DESCRIPTION Qty Unit of Issue

UNIT PRICE Total Price

1 PROJECT MANAGEMENT AND

MOBILIZATION

1 LS

2 MECHANICAL HVAC AND PIPING 1 LS

3 CONTROLS 1 LS

4 ELECTRICAL 1 LS

5 TAXES, TERO, FEES, MISC. 1 LS

TOTAL - - -

NOTES :

As a reminder, all offerors are responsible for allowing for all applicable state, local and tribal (where applicable) taxes and fees within their offer and to perform their own due diligence in ascertaining them. The Contractor is responsible to pay all applicable tribal fees and/or taxes, or applicable requirements that may be incurred as a result of this project. Failure on the part of the successful offeror not to include these fees or the appropriate impacts will not constitute a request for an equitable adjustment to the contract price.

B.1 Incidental Payment Items : The intent of the contract is to provide for the complete work of the project described in the contract. Unless otherwise provided, the contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies, taxes and fees requirements and perform all work required to complete the project in accordance with the drawings, specifications, and provisions of the contract. Payment for contract work will be made for and under those pay items included in the Schedule of Items. All other work and materials will be considered as incidental to and included in the payment for items shown.

B.2. Wage Determination : Service Contract Labor Standards (formerly known as the Service Contract Act of 1965) wages are applicable in accordance with FAR 52.222-41, Service Contract Labor Standards. The applicable Wage Determination is included as Attachment 2 Wage Determination.

B.4 Invoices : Invoices for payment shall be sent to the COR and Contracting Officer and reviewed and signed by the COR (signature) prior to submission to the Contracting Officer.

B.5. IMPORTANT INFORMATION :

Under no circumstances will any oral statements made be binding upon the Government unless such statements or agreements are issued in writing by the Contracting Officer.

Only a warranted Contracting Officer acting within their delegated limits has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract, you shall not proceed within the change and shall immediately notify the Contracting Officer.

B.6. TERO : TERO is applicable. TERO POC is (605) 867‐5167.

END OF SECTION

Statement of Work Page 1

UPGRADE AIR HANDLERS 9 & 10

AUGUST 2022

STATEMENT OF WORK

ASHRAE 170 – UPRADE AND REPAIR AIR HANDLERS 9 & 10

PROJECT # 129163

INDIAN HEALTH SERVICE

DEPARTMENT OF ENGINEERING SERVICES

PINE RIDGE HOSPITAL

PINE RIDGE, SD

AUGUST 2022

Section C Statement of Work

Statement of Work Page 2

Table of Contents

1. Project Description

2. Scope of Work (SOW)

3. Period of Performance

4. Submittals

5. Meetings and Substantial Completion

6. Miscellaneous

7. Payments to the Contractor

8. Project Officer

9. Closeout Documents

APPENDIX A – Existing Unit Data ……………………………………………………………………………………………………..……………10

APPENDIX B – Bid Schedule …………………………………………………………………………………………………………….…………….15

Statement of Work Page 3

AUGUST 2022

STATEMENT OF WORK

UPGRADE AND REPAIR AIR HANDLERS 9 & 10

PINE RIDGE HOSPITAL

PINE RIDGE, SD

1. Project Description

A. Title: ASHRAE 170 ‐ Upgrade and Repair Air Handlers 9 & 10

B. Location: This project is located within the main hospital in Pine Ridge, SD.

Pine Ridge Hospital 607 Indian Health Rd.

Pine Ridge, SD 57770

C. Period of Performance: 180 calendar days from Notice to Proceed.

D. Description: The project defined within this Scope of Work is to repair, rebuild, and update air handlers 9 & 10 which serve office and administration areas in the basement of the main hospital. The 2 air handlers are original to the construction of the building and approximately 30 years old. No major work has been carried out on either of the 2 air handlers since the original construction of the building. This project will complete some repairs and update the units to better adhere to the latest ASHRAE 170 accreditation standards and requirements.

E. Background: Maintenance has had trouble keeping the supply fan of air handler 10 operational. The fan and motor base assembly have broken several times. At least one structural failure caused the motor to fall into the cooling coil and damage it. The project will also eliminate all pneumatic controls from air handlers 9 & 10 and upgrade them to DDC.

F. Related Documents

1. This SOW and any other standard government or IHS documents are included and considered a part of this contract.

2. IHS Architecture and Engineering Design Manual – 2019

3. ASHRAE 170 Standard

4. NFPA 70 National Electric Code (NEC)

5. International Mechanical Code (IMC)

6. NFPA 101 Life Safety Code 2012

7. SMACNA Standards and Guidelines

8. Uniform Plumbing Code (UPC) with South Dakota amendments or clarifications.

G. Common Acronyms or Definitions (Pertains to this document and/or the drawing sheets)

1. AFF – Above Finished Floor

2. AH – Air Handler

3. AHU – Air Handling Unit

4. AMP ‐ Ampere

Statement of Work Page 4

AUGUST 2022

5. ASHRAE – American Society of Heating, Refrigeration, and Air Conditioning Engineers

6. BAS – Building Automation System

7. BOD – Bottom of Duct

8. CMS – Centers for Medicare & Medicaid Services

9. CO – Contracting Officer

10. COR – Contracting Officer’s Representative

11. CP – Control Panel

12. CWS/CWR – Chilled Water Supply/Return

13. DDC – Direct Digital Control

14. DN ‐ Down

15. (E) – Existing

16. HP ‐ Horsepower

17. HWS/HWR – Heating Water Supply/Return

18. IGCE – Independent Government Cost Estimate

19. IHS – Indian Health Service

20. ISO – Isolation Valve or Isolation Transformer

21. JCI – Johnson Controls Inc.

22. MOPD – Maximum Overcurrent Protection Device

23. NAE – Network Application Engine

24. NTP – Notice to Proceed

25. NTS – Not to Scale

26. OA – Outside Air

27. PM – Project Manager

28. PR – Pine Ridge

29. RFI – Request For Information

30. UPS – Uninterruptable Power Supply

31. UV‐C – Ultraviolet Light within the wavelength spectrum or range of 200‐280 nanometers

32. VFD – Variable Frequency Drive

2. Scope of Work (SOW) The general scope of this project is to rebuild, repair, and upgrade air handlers 9 & 10 that serve the administration and office areas within the basement of the Pine Ridge Hospital. The successful contractor shall provide all labor, material, equipment and supervision required to accomplish all work according to the contract drawings. There are no specifications for this project but all new material and equipment shall match the existing material, equipment, and/or systems.

Statement of Work Page 5

A. Sheet Metal/AHU Work: The brunt of the HVAC work is to clean the heating and cooling coils of air handlers 9 & 10, to add 100% economizer cooling, install an owner provided UV‐C lighting system, and to demolish the existing supply and return smoke dampers of both units. The other major portion of air handler work will be to rebuild and provide a new motor mounting assembly for air handler 10. Refer to the plans for the detailed scope or portion of work that will be required for this trade.

B. Mechanical Piping Work: The primary required piping work will be to demolish and replace the pneumatic control valves for the heating and chilled water of both air handlers 9 & 10 and convert them to a DDC actuated modulating valve. Adding an automatic balancing valve to the chilled water systems for each air handler will also be required. Demolishing the heating water piping that once served a pre‐heat coil for air handler 10 will also be required. Refer to the plans for the detailed scope or portion of work that will be required for this trade.

C. Electrical Work: The primary required electrical work will be to provide a new 120V power circuit to each of the new UV‐C lighting systems that will serve air handlers 9 & 10. Refer to the plans for the detailed scope or portion of work that will be required for this trade.

D. HVAC Controls Work: The primary work required for controls will be to provide and install all new HVAC sensors for each air handler 9 & 10 and also convert all pneumatic controls to DDC.

Providing and installing new economizer damper actuators and updating the BAS graphics and sequence to reflect 100% outside air capability will also be required. Refer to the plans for the detailed scope or portion of work that will be required for this trade.

A. Clean Up:

Jobsite shall be cleaned daily. The construction areas involved shall be free of any debris, rubbish, and left over material scraps upon completion of the project. Trash receptacles used for the collection of this debris and their removal from the project site shall be provided by the contractor. The site will be inspected by the engineer/COR prior to final payment to ensure the sites are returned to their original condition prior to construction.

B. Site Restoration:

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

C. Warranty:

Provide a 1‐year labor and material warranty at no additional cost to the government which provides for the repair of all work and equipment that was provided under this scope of work.

3. Period of Performance.

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

B. The Work will be substantially completed within One Hundred Eighty (180) calendar days after the “Notice to Proceed” for construction. A separate NTP for ordering equipment and material may be given at the Contracting Officer’s discretion.

Statement of Work Page 6

4. Submittals

A. Submittals or shop drawings shall be submitted for the following items and shall be delivered electronically to the COR or designated PM for final approval before ordering any new material or equipment.

1. New duct economizer dampers and corresponding actuators. New economizer control points and sequences of operation.

2. New pipe material, size, thickness, insulation, specifications, properties, and any other pertinent information.

3. New 2 way and 3 way DDC mechanical piping chilled water and heating water control valves.

4. New chilled water automatic flow control valves.

5. New structural steel fan and motor support bases and assembly information.

6. New duct material, size, thickness, insulation, specifications, properties, and any other pertinent information.

7. New duct temperature and humidity sensors.

8. New duct static pressure sensors.

9. New coil cleaning products, agents, materials, or any other pertinent information.

10. Any other pertinent information.

5. Meetings and Substantial Completion

A. The contractor shall submit a detailed construction schedule that gives time frames for completing work on each air handler after all equipment and material submittals have been approved, ordered, and lead times on equipment and material have been established. The construction schedule shall be submitted electronically to the COR/PM and CO for approval. The contractor shall update the schedule and send it electronically to the COR/PM and the CO if and when anticipated milestones or scheduled deadline items change within the construction schedule.

B. The contractor shall coordinate with the COR/PM and/or the Hospital Facility Manager before shutting down and air handler unit for any reason. The contractor shall give a minimum 24 hour notice to the Facility Manager before planning to shut down any air handling unit.

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

D. Progress Meetings: Progress meetings shall be conducted at regular intervals as merited by the progress of the work.

E. Substantial Completion: One substantial completion meeting shall be held following notification of the Project Officer by the General Contractor that the project is Substantially Complete. Only after major punch list item completion can the project be deemed Substantially Complete. A form will be provided by the COR/PM and must be signed by the contractor and government in order for this item to be completed as a part of the contract.

F. Final Completion: A final completion meeting will not be required but only after substantial completion determined and all final punch list items completed will the government make final payment according to the contract.

Statement of Work Page 7

6. Miscellaneous

A. Security Requirements. Security: HSPD‐12 clearance is required for supervisory personnel assigned to the project that will be onsite. The contractor shall be responsible for completing all necessary paperwork to obtain security clearances and badges for construction personnel who will work on the project.

1. Workers without complete security clearances must be directly supervised by the project superintendent. The project superintendent must obtain the proper clearances.

2. All contractors are required to check‐in with the facility manager/maintenance staff before commencing work on any project.

3. The contractor will be responsible for the security of the work site. Patient staff and the Indian

Health Service staff are not be responsible for the security of the contractor’s tools, equipment, or material during the course of the project.

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

C. Correspondence. All correspondence shall be addressed to the COR/PM and/or CO. Each letter, document, etc., shall contain the following information:

1. Date

2. Project Numbers, Contract Number, Delivery Order Number and Service Unit Name/Location.

3. Name of those who were sent copies.

D. Superintendent. The prime contractor shall have an onsite superintendent for this project while any and all work is being performed unless prior approval is granted from the COR/PM.

E. Tribal Requirements.

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

2. Before commencing work, contractors and sub‐contractors are required to submit an acceptable

“Compliance Agreement” to the TERO office. Copies of this form can be obtained from the

TERO office. Typical requirements of TERO include a fee of 4% on the total contract price, and submission of weekly certified payroll reports to TERO.

3. Additionally, the rules and regulations of the TERO Ordinance require that no person who is not a local Indian shall be employed by a covered employer until a work permit has been obtained for them from TERO. The annual work permit fee for each employee is $250.00.

4. Contractors are strongly encouraged to contact the TERO office at (605) 867‐5167 for an explanation of tribal requirements. Other fees may apply.

Statement of Work Page 8

AUGUST 2022

F. Construction Materials and Storage

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

2. All equipment and/or materials shall be submitted to the COR prior to ordering, for approval by the project engineer.

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

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

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

G. Hours Of Operation

1. The project shall start after award and receipt of the Notice to Proceed

2. The work hours shall be 8:00am – 5:00pm, Monday – Friday. Weekends and after hours work may be available upon request and may be necessary.

7. Payments to the Contractor

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

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

8. Project Officer

Corey Sawatzky will be designated as the Contracting Officer’s Representative (COR) for this Order. His address and telephone are:

Corey Sawatzky, PE Deputy Director Great Plains Area Indian Health Service Division of Facilities Management & Engineering 3200 Canyon Lake Dr., Suite #2 Rapid City, SD 57702 Office: 605‐719‐4057 corey.sawatzky@ihs.gov

Statement of Work Page 9

AUGUST 2022

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

Project Manager:

Stottin Newbrough General Engineer Great Plains Area Indian Health Service Division of Facilities Management & Engineering 3200 Canyon Lake Dr., Suite #2 Rapid City, SD 57702 Office: 605‐719‐4054 stottin.newbrough@ihs.gov

9. Closeout Documents

The Contractor shall submit one hard copy set of all final, installed submittal items, accessories, and all installation/operation/maintenance documents to the facility manager/engineer. The final installed submittal package and O&M shall also be sent electronically to the COR and/or PM.

Statement of Work Page 10

APPENDIX A

Existing Unit Data

End of Section

Section D Packaging And Marking Not Applicable

Section E Inspection And Acceptance No Additional instructions.

Section F. Deliveries Of Performance

F.1. Delivery Date . The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 180 calendar days .* The time stated for completion shall include final cleanup of the premises.

(End of clause)

F.2. SUPERINTENDENT ON SITE . The contractor shall ensure that the Project Superintendent is on site at all times work is being performed by the contractor or subcontractor(s). They shall directly oversee all apprentice and subcontractor work. The Project Superintendent is also responsible to ensure all labor and safety requirements are complied with; and ensure that the worksite is cleaned up at the end of each work day.

All communications between the IHS and contractor concerning the day-to-day workmanship on the project will be handled through the Project Superintendent and they MUST have the authority to act on behalf of the Contractor in all contractual matters.

F.3. REMOVAL OF PERSONNEL . The Contracting Officer may require the contractor to remove from the job any employee who endanger persons or property; those who manufacture, distribute, dispense, possess or use controlled substances at the worksite (FAR 52.223-6, Drug-Free Workplace); and those whose continued employment under this contract is inconsistent with the interest of security or for any and all other reasons as determined by the Contracting Officer as objectionable.

Section G Contract Administration Data G.1. Contracting Officer’s Authority . The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price.

G.2. Contracting Officer’s Representative .

(a) [TO BE ASSIGNED BY SEPARATE LETTER AT CONTRACT AWARD] is hereby designated as the Contracting Officer’s Representative (COR). The COR may be changed at any time by the Government by a notification to the Contractor.

(b) The responsibilities and limitations of the COR are as follows:

(1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract.

The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the Contractor.

G.3. CERTIFICATION OF PAYMENTS – RELEASE OF CLAIMS (ROC)

The Contractor, when submitting final payment under this contract, shall submit to the Contracting Officer:

(a) A certification that the Contractor has made payment from proceeds of prior payments, or that he will make timely payment from the proceeds of the progress or final payment then due him, to any subcontractors and suppliers in accordance with established contractual arrangements; and

(b) A properly executed Contractor's Release. The Release of Claims form is available from the Contracting Officer.

Failure to submit this completed release will result in a delay of final payment .

G.4. Invoice Requirements

(a) Invoices must be prepared and submitted and will be paid in accordance with the following FAR clauses:

52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services.

(Nov 2021) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Nov 2021) HHSAR 352.232-71 Electronic submission of payment requests (TBD) (In full text below with note.)

(b) The Designated Billing Office for this contract is the same as the address for correspondence, sent to the attention of the Contracting Officer. Invoices for payment shall be sent via email to the COR and CO for processing and approval.

(c) Progress payments are not authorized for this project. Payment will be made by line item.

(d) The final invoice must be marked “Final” and be accompanied by a Release of Claims form, which states the final payment as outstanding, in the Remarks field. The Release of Claims form is available from the CO. Final payment will be made within 30 Calendar days upon receipt of a properly executed invoice.

(e) The contractor will contact the Designated Billing Office with any payment issues or concerns.

G.5. Address For Correspondence It is the intent of the Government to use electronic means as much as possible while administering this contract. Correspondence must be sent via email directly to the Contract Specialist ( daniel.cotto@ihs.gov / Phone # 206-615-2790 and to the COR.

G.6. Identification Of Contractor Employees Identification (ID) Badges. The contractor shall provide each employee with an ID badge on contract start date or on employment start date. The ID badge shall be made of non-metallic material. The badge shall be easily readable and include the employee's name, the contractor's name, functional area of assignment, and a color photograph. The Contracting Officer or their designee will approve the ID badge template before the contract start date.

Display of ID Badges. Contractor personnel shall wear the ID badge at all times when performing work under this contract on site and when attending Government meetings and conferences off-site. Unless otherwise specified, each contractor employee shall wear the ID badge in a conspicuous place on the front of exterior clothing and above the waist except when safety or health reasons prohibit such placement.

Utilizing Electronic Mail (e-mail). When prime contractor or subcontractor personnel send e-mail messages as part of contract performance or otherwise relating to contract matters, each sender shall include his/her name (both first and last names), e-mail address and the name of the individual’s employer.

G.7. Test Results mailto:daniel.cotto@ihs.gov

The contractor must submit all results of test(s) required by the contract to the COR/Project Manager for review.

G.8. Permits And Certificates The contractor must submit a copy of all permits and certificates as required by the contract to the COR/Project Manager.

HHSAR 352.232-71 Electronic submission of payment requests Electronic Submission of Payment Requests (DATE TBD)

(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) Note : Unless further changes are required, the Department of Health and Human Services shall notify the Contractor of the effective date of the clause at HHSAR 352.232-71 Electronic Submission of Payment Requests by providing written notice to the Contractor within thirty (30) days of implementing the HHS Electronic Invoicing Implementation Project (E-Invoicing) and within thirty (30) days of the anticipated finalization of the clause at HHSAR 352.232-71 Electronic Submission of Payment Requests, via public special notice issued through the SAM.gov portal. However, for purposes of this award or modification, the effective date shall be the date signed by the parties.

Please contact the HHS Office of Acquisition Policy with any questions at OAP@hhs.gov .

mailto:OAP@hhs.gov

Section H Special Contract Requirements No additional instructions.

Section I Clauses Incorporated by reference :

52.204-9 Personal Identity Verification of Contractor Personnel. Jan 2011) 52.204-13 System for Award Management Maintenance. (Oct 2018) 52.204-21 Basic Safeguarding of Covered Contractor Information Systems. (Nov 2021) 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services.

(Nov 2021) 52.222-22 Previous Contracts and Compliance Reports. (Feb 1999) 52.223-6 Drug-Free Workplace. (May 2001) 52.226-1 Utilization of Indian Organizations and Indian-Owned Economic Enterprises. (Jun 2000) 52.227-1 Authorization and Consent (Jun 2020) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation.

HHSAR Clauses 352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations (Dec 2015) 352.223-70 Safety and Health (Dec 2015) 352.226-2 Indian Preference Program (Dec 2015) 352-226-3 Native American Graves Protection Repatriation Act (Dec 2015) 352.227-70 Publications and Publicity (December 2015) 352.239-74 Electronic & Information Technology Accessibility (December 2015)

Clauses Incorporated in Full Text :

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/?utm_medium=email&utm_source=govdelivery

(End of clause)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services. (May 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)).

https://www.acquisition.gov/?utm_medium=email&utm_source=govdelivery

(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).

(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:

[Contracting Officer check as appropriate.]

__ (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).

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

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

X _ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L.

111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery

Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (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).

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

__ (10) [Reserved].

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) ( 15 U.S.C. 657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep 2021) (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 (Nov 2020) ( 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.

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) ( 15 U.S.C.

637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Nov 2021) ( 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 (Sep 2021) ( 15 U.S.C. 637s).

__ (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 (Sep 2021) ( 15 U.S.C. 657f).

X __ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021)

( 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 (Sep 2021) ( 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 (Sep 2021) ( 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)).

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

__ (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).

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

__ (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.

__ (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.

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

__ (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).

__ (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.

__ (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.

X __ (48) 52.225-1, Buy American-Supplies (Nov 2021) ( 41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2021) (

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.

__ (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 (Nov 2007) ( 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).

__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).

__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C.

637(d)(13)).

__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels

(Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

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

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

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

[Contracting Officer check as appropriate.]

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

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) ( 29

U.S.C. 206 and 41 U.S.C. chapter 67).

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

chapter 67).

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

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

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

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

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

13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792).

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

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

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

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

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

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

(ii) 52.203-19, 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)).

(iii) 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).

(iv) 52.204-25, Prohibition on Contracting for Certain…