RFQ-21-096 Rad Interp Srvs Rosebud.pdf

Radiology Interpretation Services

1. PURPOSE OF CONTRACT

The mission of the Rosebud Indian Health Service is to provide the best possible health care services to the Native American population eligible for care at the Rosebud Service Unit. To meet the mission, the Rosebud Service Unit requires contractor support to assist the service unit in providing radiology interpretation services at the Rosebud IHS Hospital.

The purpose of the contract is to acquire high-quality radiology interpretation services to the Rosebud IHS Hospital (RSU). The contractor will assure that personnel and hardware requirements are met to provide this service as detailed in this document. Contractor will provide high-quality on-site radiologist/interpretation services to the Rosebud IHS Hospital (RSU). The contractor shall not utilize in excess of 3 Radiologists to ensure continuity of care through the use of permanent staff.

The contract will be a non-personal, fixed price health care services contract with an independent contractor.

Period of performance shall be for one (1) year from the Date of Award, with four (4), one (1) year option periods.

Contract provisions as shown below:

1. The Government will evaluate the quality of professional and administrative services provided through a Technical Evaluation process.

2. The Contractor shall indemnify the Government for any liability resulting from errors or acts of omission by the Contractor, its employees and agents occurring during contract performance.

3. The Contractor shall maintain liability insurance similar to Industry Standard for Radiology services performed in the private sector.

4. The Contractor shall ensure its subcontracts, for provisions of health care services, contain the requirements of the clause at FAR 52.237-7, including the maintenance of medical liability insurance.

5. The performance that will include a base year plus four (4) option years.

6. For bidding purposes, a “study” shall include the receipt of the film/Digital

Image, reading, interpretation, notification of findings, and transcription of the findings. All aspects will be included in the price for each “study” as listed in the bid schedule.

2. GOVERNMENT FURNISHED PROPERTY, FACILITIES, AND

SERVICES

The Government shall provide the Contractor with the following:

The Rosebud Service Unit shall provide films sent by RSU either in hard-copy form or via tele radiology to the Contractor.

The Rosebud Service Unit shall provide all equipment required for the on-site radiology procedures described in this document.

The Rosebud Service Unit shall provide office space including an ergonomic desk and chair for reviewing and interpreting patient images on the Smaart PACs system. Reports will be dictated and transcribed into RPMS by the Radiologist/Contractor.

In the provision of medical services, the Contract Radiologist will be authorized to use all areas of the medical treatment facility available to civil service and commissioned personnel in similar positions. The same restrictions apply to the contract Radiologist as any other Indian Health Service personnel to use these areas for official business activities only.

The Contract Radiologist will be authorized to use all administrative and ancillary support available to Indian Health Service personnel. This will include but not be limited to copy machines, fax machines, medical library, Internet, and telephone service. The same restrictions to use these items for official Indian Health Service business apply.

The Service Unit shall provide all required blank Government forms applicable for documentation in the Indian Health Service patient record system. Applicable forms Shall include Patient Care Component (PCC) forms and Service Unit charge tickets. An appropriate orientation to the necessity of such forms and access to the Electronic Health Record (EHR) will be provided by Service Unit personnel.

The Rosebud Service Unit shall assume the responsibility of patient care coordination.

The Rosebud Service Unit shall provide a multidisciplinary approach in order for patients to receive the best care possible. Making all the necessary appointments for patients, encouraging them to keep their appointments, and following up and implementing recommendations are all necessary parts of the care coordination activity.

3. STATEMENT OF WORK

The contractor will assure availability of professional Radiologic services to manage the following estimated procedures:

1. 35-55 x-ray films daily

2. 4-5 Multi-film studies daily (Intravenous pyelogram, venogram, acute abdomen, I Series, etc)

3. 20-50 mammography screening and/or tomo exams/month

4. 15 diagnostic mammography and/or tomo exams/month

5. 100-130 ultrasound exams/month

6. 250-400 CT Scan exams/month – average for past 3 years was under 250

7. 8 fluoroscopy studies/month

The workload shall be managed in the following manner:

1. On-site services will be a minimum of (2) two days per month and a maximum of (4) four days per month (exact days to be determined by mutual agreement between Radiology Manager and Contractor), between the hours of 0900 and 1700 to provide diagnostic Interventional procedures and associated interpretations. These procedures will include, but are not limited to biopsies, needle localizations, aspirations, fluoroscopic procedures such as UGI, Small Bowel, Barium Enema, Myelograms, Arthrograms, thoracentesis, etc. The Contractor will interpret all diagnostic procedures performed on-site and will assure that final interpretations results are accessible from the IHS radiology package within 48-72 hours. To facilitate this requirement, the contractor and his/her transcription are required to have approved access to the Indian Health Service Record Patient Management System (RPMS) and an approved Virtual Private Network (VPN) connection with IHS; prior to the award of the contract.

Upon completion of IHS Information Technology Security requirements the contractor shall be provided access to the IHS radiology package, which will permit transcription of radiologist reports directly into the package, as well as providing a rapid method of interpretation review, and signature by the radiologist. All interpretations shall be entered into the IHS Radiology package.

The contractor shall assume the responsibility and expense of any and all transcription services required to fulfill this contract.

2. Off-site services will be required 0830-1700 Monday through Friday to provide interpretations and reports on films/digital images sent by RSU courier or via tele radiology to the Contractor for this purpose. The Contractor will interpret and assure that final interpretation results are accessible from the IHS radiology package within 48-72 hours.

3. After hour services will be considered anytime outside of Monday through Friday 0830-1700 and holidays. The contractor is required to provide 24 hours, 7 days per week interpretations and verbal reports (within 30 minutes of receipt) on emergency diagnostic studies sent by RSU via tele radiology to the Contractor for this purpose. It will be incumbent upon RSU to clearly identify such films/images so as to avoid confusion about which films are emergent and which are routine. It is estimated that the after-hours requirements may constitute in excess of 50% of the workload.

4. Quality Assurance and Control – The contractor is required to provide, implement and monitor a full QA/QC program to the Rosebud Radiology Departments in a manner which will satisfy requirements and expectations as outlined by the Centers for Medicare and Medicaid Services (CMS) and Joint Commission (JC). The Program will consist of reporting the utilization of Radiology Services (Computed Tomography, Sonography, Mammography, Fluoroscopic and Diagnostic) by the Ordering Physicians provided by Rosebud Service Unit.

• Monitoring Appropriateness and Technical Aspects of Exams

- Quality of History

- Appropriateness of Exam

- Patient Positioning

- Other Technical Aspects

- Random Sampling by day with 5 days/quarter, All exams each day, all technologists involved.

- Week 1- Monday, Week 3- Tuesday, Week 5-Wednesday, Week 7-

Thursday, Week 9- Friday.

- Each exam to be evaluated by the Quality Improvement Evaluation

Form.

- Rosebud I.H.S. Personnel to place form on each case when submitted for reading.

- At end of sampling, results of submitted forms to be tabulated and all significant comments submitted back to supervising radiologist for preparation of Quarterly report.

- Quarterly report will include average rating in each category and a summary of problem areas and recommendation for improvement goals.

The Contractor will also be required to provide a quarterly, on-site, in-service to the Medical and Radiology staff at the RSU for the purpose of teaching the staff on subjects of interest and importance regarding techniques, appropriateness of services, continuing education, and patient welfare. The Contractor also be available during these in-services to consult with attending physicians about the studies ordered and read for their patients, and to provide professional and technical advice to the RSU providers for improvements in the Radiologic services offered by RSU.

5. Contractor or Vendor must reside within a 200 mile radius of the Rosebud Service Unit for the availability of On Site Interventional Services, and also to curry/hand deliver prior mammograms that are hard film.

6. Participate in: 1. All Radiology Pi Monitors and/or Peer Reviews. 2.

Corrective Actions, if needed.

Clinical notes made by the RSU primary provider will accompany each diagnostic procedure request to aid the Contractor in planning and diagnosis.

The Contractor will assist RSU in every way possible to achieve and maintain a high level of patient services with efficiency and economy consistent with the highest standards of quality patient care.

The Contractor will assist the RSU in attaining and maintaining JC/CMS/FDA/ACR standards by:

a.) evaluating and providing advice regarding the Quality Assurance studies done regularly by the RSU radiology department.

b.) Provide direct input to the Medical Staff to enhance the Radiology services at

RSU.

Additional duties will include:

a.) notifying the Radiology Manager and the Clinical Director of significant technical or administrative problems interfering with or threatening patient care in any way;

b.) Monitoring the technical aspects of every radiograph sent to the Contractor for read and reporting monthly on the overall state of the image form a technical standpoint;

c.) Contractor will create and implement a Peer Review/Cross Review Program that assures quality imaging interpretation and verifies competency of every Radiologists.

- This Peer Review/Cross Review program will be specific to the RSU.

- The Review process will separate the review data specifically related to the hospital and submit a quarterly report that shows breakout of individual Radiologist reads.

- The report will reflect a random sample of Plain films, Mammograms, Computed Tomography (CT’s) and Ultrasounds.

d.) Documenting any recommendations made to enhance radiology services at

RSU.

The contractor shall present one educational In-Service subject to the Medical and Radiology staff each quarter between the hours of 9 am and noon. The contractor may select the topic of the presentation and obtain concurrence from the Clinical Director.

The Contractor will utilize government furnished equipment and will not be required to establish or maintain hardware at the RSU designed to scan and transmit films.

The Government employs a Department Head for the Radiology Department at RSU who manages the staff, supplies, equipment, and ordering. The RSU does not employ a

Radiologist or other individual who is qualified to provide Clinical oversight of the Radiology program at RSU. As a result, the contractor will ensure that the program operates in a manner consistent with JC/CMS expectations and may be asked for technical advice and assistance as RSU deems necessary.

The Contractor will submit a bid with this solicitation which will be utilized in combination with the Technical Evaluation plan to select the successful bidder. The contractor will not be authorized to bill third party resources for the patients served while under this contract.

The bid shall include but not be limited to the items listed below which represent the components at RSU which are involved with full service interpretation of diagnostic study:

1. Onsite requirements 0900-1700 biweekly visits, 2-4 days monthly as needed

2. Travel expenses to Rosebud, SD

3. Plain x-rays estimated as 35-55/day

4. Multi-film studies (Intravenous pyelogram; Venogram: Acute Abdominal

Series); estimated 4-5/day

5. Screening Mammography and/or Tomo; estimated 20-50/month

6. Diagnostic Mammography, and/or Tomo; estimated 15/month

7. Ultrasound; estimated 100-130/month

8. CT Scan; estimated 250-400/month

9. Fluoroscopy; estimated 8/monthly

10. On-site diagnostic procedures, associated interpretations performed, educational in-services, and on-site QC/QA functions. The radiologic procedures performed will be those within the capability of the Rosebud facility such as, but not limited to: Intravenous Pyelogram (IVP); Venogram;

Diagnostic Mammography; Ultrasound; CT; Fluoroscopy; and Quality Control/Assurance. An all-inclusive daily rate will be sought for this component.

11. Oversight of the Radiology Department in harmony with JC/ACR/FDA/CMS expectations.

The Contractor will do no third party billing on its own for any interpretation performed via this contract.

4. MEDICAL STAFF MEMBERSHIP/PRIVILEGES

The Contractor will apply for medical staff appointment and privileges to the Medical Staff of the RSU. The Service Unit will evaluate and if applicable will credential the successful contractor to practice at RSU. Using Forms 855 and 855R, the contractor will have a UPIN through RSU, thus permitting RSU to bill any third parties for reads done by the Contract.

This position is subject to P.L. 101-630, The Indian Child Protection and Family Violence Prevention Act, as determined by the Service Unit Director. The Office of Personnel Management will conduct the criminal background investigation on the awardee following award of the service contract. The character investigation may be waived if, in the judgement of the Contracting Officer, in consultation with the Personnel Officer, an investigation has already been conducted and is on file. Until the character investigation has been completed and the Contracting Officer notified of the results, the contractor must not have unsupervised contact with Indian Children.

5. Place of Performance and/or Delivery

The place of performance is identified in the Statement of Work and is as follows:

• Rosebud IHS Service Unit, Rosebud, South Dakota

• Contractor’s place of business as identified on page 1.

6. Deliverables

Monday through Friday 0800-1700 the contractor will provide interpretations and reports on films sent by Rosebud Service Unit and assure that a final interpretation is accessible by IHS radiology package within 72 hours. For emergency diagnostic studies the contractor will provide interpretations and verbal reports within 30 minutes of receipt.

Contractor availability will be required 24 hours, 7 days per week. Two days per month, the contractor will provide on-site diagnostic procedures and associated interpretations.

Contractors will provide one quarterly on-site, in-service for the purpose of teaching the staff on subjects of interest and importance regarding techniques, appropriateness of services, continuing education, and patient welfare. Service will be within the state practice guidelines and privileges granted by the service unit medical staff.

7. Contract Reporting Requirements

1. Contractor shall provide quarterly reports regarding quality control and Peer Review of the Radiology department. These are due by the 15th day of April, July, October and January for the preceding quarter.

2. Contractor shall provide an invoice each month.

8. Reporting and Special Communications

Disclosure of Clinical Information: Where the Indian Health Service is carrying out its duties with respect to conservation of the health of the Indians, the relationship of the service to the Indian shall be regarded as that of physician to patient so that restrictions generally applicable to the release of clinical information by the contractor will not be applicable to the release of such information to the Indian Health Service.

Clinical Date Reports: Clinical date reports for the records of each patient shall be maintained in compliance with the Center for Medicare and Medicaid Services.

9. Obligation of the Indian Health Services to Operate the Service Units

The U.S. Public Health Service, Indian Health Service, shall continue at its own expense, to maintain and operate the IHS service units, with sufficient supplies and including all the physical facilities of the building, equipment, and premises presently or hereafter comprising the service unit.

10. Compliance With Rules And Regulations

The Contractor and any person employed by the Contractor to render services at the Indian Health Service Hospital shall comply with the rules and regulations of the Indian Health Service (federal agency). In the event that any personnel employed by the Contractor fails to abide by such rules and regulations, the Contracting Officer, is authorized to direct in writing that the Contractor inform its employees that appropriate action be taken to correct these failures. Medical Practices must be within the standards of their established crede3ntialed specialty and maintains continuing medical education, licensing, registration and certifications 100% of the time. Complies with all policies, Bylaws, Safety, Infection Control, and rules and regulations of HHS/IHS Rosebud Hospital with zero (0) violations. Maintains patient privacy/confidentiality/HIPPAA with zero (0) breaches of privacy. Timely documentation that is completed 100% of the time which is to be completed prior to the end of the daily shift and prior to signing an invoice for payment.

11. Assignment

This agreement shall not be assigned, sublet, or transferred without the written consent of the Contracting Officer, Aberdeen Area Indian Health Service.

12. Interpretation Of Contract: Notice Of Ambiguities

(a) This written contract and any and all identified writings or documents incorporated by reference herein or physically attached hereto constitute the party’s complete agreement and no other prior or contemporaneous agreements either written or oral shall be considered to change, modify or contradict it. Any ambiguity in the contract will not be strictly construed against the drafter of the contract language but shall be resolved by applying the most reasonable interpretations under the circumstances, giving full consideration to the intentions of the parties at the time of contracting.

(b) It shall be the obligation of the contractor to exercise due diligence to discover, and to bring to the attention of the Contracting Officer at the earliest possible time any ambiguities, discrepancies, inconsistencies, or conflict in or between the specifications or other documents incorporated by reference herein. Failure to comply with such obligation shall be deemed a waiver and release of any and all claims for extra costs or delays arising out of such ambiguities, discrepancies, inconsistencies and conflicts.

13. Notice of Constructive Change

No order, statement or conduct of the authorized representative of the Contracting Officer or any other representative of the Government whether or not acting within the limits of their authority, shall constitute a change under the “Changes” clause of this contract or entitle the Contractor to an adjustment of the contract price or delivery schedule, unless such change is issued in writing and signed by the Contracting Officer. Only the Contracting Officer may issue a change order under the “Changes” clause of this contract. The Contractor shall be under no obligation to comply with any orders or directions not issued in writing and signed by the Contracting Officer. The Contractor shall promptly notify the Contracting Officer of any action constituting a change in accordance with the “Changes” clause of this contract.

14. Notice to Contractor of Certain Drug Detection Procedures

Employees Performance. The Contractor shall not allow any employees to perform work under this contract who is under the influence of alcohol, drugs, or any other incapacitating agents.

(a) Pursuant to the agency’s policy applicable to both Government and contractor personnel, measures will be taken to prevent the introduction and utilization of illegal drugs and related paraphernalia into Government work areas.

(b) In furtherance of the Agency’s control program unannounced inspections may be conducted by authorities:

a. Where there is probable cause to believe that a contractor has been engaged in use, possession, or trafficking of drugs, the authorities may detains said Contractor until the Contractor or employees can be removed from the installation, or can be released to local authorities having jurisdiction.

(c) Trafficking in illegal drug and drug paraphernalia by the contractor may lead to cancellation of services.

(d) The Contractor is responsible for conduct of employees performing work under this contract and is, therefore, responsible to assure that employees are notified of these provisions prior to assignment.

(e) The removal of contractor personnel from a Government facility as a result of the drug offense shall not be caused for excusable delay, nor shall such action be deemed a basis from an equitable adjustment to price, delivery, or other provisions of this contract.

15. Work Week

All or a portion of the effort under this contract will be performed within a Government operated facility. The normal work schedule shall be in accordance with Section C, Description/Specifications/Statement of Work. No deviation in the normal work week will be permitted without express advance approval in writing by the designated Project Officer with coordination of the department. In the event that the Contractor fails to observe such normal work week, any costs incurred by the Government there from shall be chargeable to the Contractor. Work performed shall be during normal working hours, unless different hours are specified.

16. Privacy Act Notification

a. This contract requires the Contractor, on behalf of the Indian Health Service (IHS), to provide health care to American Indians and Alaskan Natives and report selected medical record and financial information to IHS. The Snyder Act (25 U.S.C. 13) and Public Law 83-5658 (42 U.S.C. 2001) authorizes the collection of this information. To be reimbursed by IHS, you must provide the information requested by task orders issued under this contract. IHS will use the information for financial, legal, research, and health care purpose.

b. Disclosure of this information may be made by HIS to: other providers of health care for treatment or health maintenance of American Indians or Alaskan Native people; the Officer of Worker’s Compensation Programs, Department of Labor; the Department of Justice for their representation of the United States; and for congressional inquiry; quality assessment, medical audit, or utilization review; billing third parties for the payment of care;

analytical and evaluation of studies; to Federal or State agencies as required by law, research purposes supported by IHS; and identification of handicapped children under 10 U.S.C. 1401 et. Seq.

17. Legal Holidays

The following Federal legal holidays are observed under this contract:

New Year’s Day 1 January Martin Luther King’s Birthday Third Monday in January President’s Day Third Monday in February Memorial Day Last Monday in May Juneteenth Day 19 June Independence Day 4 July Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day 11 November Thanksgiving Fourth Thursday in November Christmas Day 25 December

18. Disclosure of Information

Any information made available to the Contractor by the Government shall be used only for the purpose of carrying out the provisions of this contract and shall not be divulged or made known in any manner to any person except as may be necessary in the performance of the contract.

In performance of this contract, the contractor assumes responsibility for protection of the confidentiality of Government records and shall ensure that all work performed by its subcontractors shall be under the supervision of the contractor or the contractor’s responsible employees.

Each officer or employee of the contractor or any of its subcontractors to whom any Government record may be made available or disclosed shall be notified in writing by the contractor that information disclosed to such officer or employee can be used only for a purpose and to the extent authorized herein, and that further disclosure of any such information, by any means, for a purpose or to an extent unauthorized herein, may subject the offender to criminal sanctions imposed by 19 U.S.C. 641. That section provides, in pertinent part, that whoever knowingly converts to their use or the use of another, or without authority, sells, conveys, or disposes of any record of the United States or whoever receives the same with intent to convert it to their use of gain, knowing it to have been converted, shall be guilty of a crime punishable by a fine of up to $10,000, or imprisoned up to ten years, or both.

CONTRACTORS PERFORMANCE CONDITIONS & RESPONSIBLITIES:

1. Contractor is responsible for reporting all taxes from wages earned under this contract to the appropriate State and Federal Agencies, provided the awardee is an individual.

2. Contractor is responsible for his/her own reliable transportation in the performance of the contract.

3. Contractor is responsible for Fringe Benefits and other benefits such as health, retirement, etc. for his/her employees, if other than self.

4. Contractor is responsible for maintaining satisfactory standards of competence, conduct, appearance and integrity. The quality of work performance of the contractor shall be subject to review.

5. Contractor is responsible for notifying the designated supervisor/director if he/she will be late, ill or unable to work for other reasons.

6. Contractor earns no leave and is compensated only for hours actually worked at the agreed compensatory rate.

7. Contractor is responsible for signing-in and signing-out of immediate work area, utilizing in-house system of accountability.

CLAUSES INCORPORATED BY REFERENCE

(Firm Fixed-Price, Non-Personal Service-Commercial Items)

FAR CITATION: 52.252-1: Solicitation Provision Incorporated by Reference. (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and defect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://arnet.gov/far/index.html.

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):

http://arnet.gov/far/index.html

I. Federal Acquisition Regulations (FAR) (48 CFR Chapter 1) Clauses

No. FAR Citation Clause Title Clause Date ____

1. 52.202-1 Definitions June 2020

2. 52.203-3 Gratuities April 1984

3. 52.203-12 Limitation on Payments to Influence Certain June 2020 Federal Transactions

4. 52.204-13 System for Award Management Maintenance October 2018

5. 52.204-7 System for Award Management October 2018

6. 52.204-9 Personal Identify Verification of Contractor January 2011 Personnel

7. 52.204-16 Commercial and Government Entity Code August 2020 Reporting

8. 52.204-18 Commercial and Government Entity Code August 2020 Maintenance

9. 52.204-19 Incorporation by Reference of Representations December 2014 and Certifications

10. 52.212-1 Instructions to Offerors-Commercial Items June 2020

11. 52.212-4 Contract Terms and Conditions-Commercial Items October 2018 Items

12. 52.217-5 Evaluation of Options July 1990

13. 52.217-8 Option to Extend Services November 1999

14. 52.224-1 Privacy Act Notification April 1984

15. 52.224-2 Privacy Act April 1984

16. 52.232-39 Unenforceability of Unauthorized Obligations June 2013

17. 52.232-40 Providing Accelerated Payments to Small December 2013 Business Subcontractors

18. 52.237-1 Site Visit April 1984 http://arnet.gov/far/index.html http://arnet.gov/far/index.html

19. 52.237-2 Protection of Government Buildings, Equipment April 1984 and Vegetation

20. 52.237-7 Indemnification and Medical Liability Insurance April 1984

21. 52.253-1 Computer Generated Forms January 1991

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

No. FAR Citation Clause Title Clause Date______

1. 52.204-21 Basic Safeguarding of Covered Contractor June 2016 Information Systems

2. 52.204-24 Representation Regarding Certain Telecommun- October 2020 ications and Video Surveillance Services or Equip.

3. 52.212-5 Contract Terms & Conditions Required to January 2021 Implement Statues or Executive Orders- Commercial Items

4. 52.216-18 Ordering August 2020

5. 52.216-19 Ordering Limitations October 1995

6. 52.216-22 Indefinite Quantity October 1995

7. 52.217-9 Option to Extend the Term of the Contract March 2000

8. 52.232-19 Availability of Funds for the Next Fiscal Year April 1984

52.204-21 Basic Safeguarding of Covered Contractor Information Systems.

As prescribed in 4.1903 , insert the following clause:

Basic Safeguarding of Covered Contractor Information Systems (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.

https://acquisition.gov/content/part-4-administrative-and-information-matters#i4_1903 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

(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 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.

(End of clause)

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

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

REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT (OCT 2020)

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

(a) Definitions. As used in this provision—

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

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to— https://www.acquisition.gov/far/part-4#FAR_4_2105 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_25

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

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

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

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

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

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

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

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

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

(e) Disclosures.

https://www.sam.gov/

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

(i) For covered equipment—

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

(B) A description of all covered telecommunications equipment offered (include brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

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

(ii) For covered services—

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

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

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

(i) For covered equipment—

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

(B) A description of all covered telecommunications equipment offered (include brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

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

(ii) For covered services—

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

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

(End of provision)

52.212-3 Offeror Representations and Certifications-Commercial Items.

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

Offeror Representations and Certifications-Commercial Items (February 2021)

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

(a) Definitions. As used in this provision— "Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part

127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

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

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

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

Immediate owner means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

https://acquisition.gov/content/part-12-acquisition-commercial-items#i1113145 https://www.sam.gov/ https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174).

Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended."Sensitive technology"— Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and https://www.acquisition.gov/far/52.204-25#FAR_52_204_25

(ii) The management and daily business operations of which are controlled by one or more service-disabled veteransor, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16).

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others.