36C24626Q0310_1.docx

36C24626Q0310

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

36C24626Q0310 01-29-2026 Kenneca Crump Kenneca.Crump@va.gov 02-05-2026

9:00 AM

EST

Jerry Mann Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667 X X 562211 $47 Million Net 30 N/A X Department of Veterans Affairs Western Branch VA CBOC 2508 Chesapeake Square Ring Road Chesapeake VA 23321 Kenneca Crump Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667

Department of Veterans Affairs Financial Services Center

PO BOX 149971

Austin TX 78714-9971 512-460-5049 512-460-5221 X See CONTINUATION Page Regulated Medical Waste and Sharps Removal program for the Western Branch BA Outpatient Clinic in accordance with (IAW) the Statement of Work (SOW).

Period of Performance: One Base Year with Four Option Years Base: 4/1/2026-3/31/2027

OY1: 4/1/2027-3/31/2028

OY2: 4/1/2028-3/31/2029

OY3: 4/1/2029-3/31/2030

OY4: 4/1/2030-3/31/2031

See CONTINUATION Page X X Jerry Mann Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR: TBD

b. GOVERNMENT: Contracting Officer 36C246 Jerry Mann Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

VA Financial Service Center (FSC) Electronic Invoice Presentment and Payment System https://www.fsc.va.gov/einvoice.asp ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

STATEMENT OF WORK

Regulated Medical Wate (RMW)/Sharps Disposal Program Western Branch Community Based Outpatient Clinic

1.0 INTRODUCTION.

The Department of Veterans Affairs currently has the need for a contractor to provide reusable medical sharps container management and Regulated Medical Waste disposal program at the Western Branch Community Based Outpatient Clinic (WBCBOC). Contractor shall furnish all permits, services, materials, labor, supervision, management, management support, transportation, supplies, and equipment.

2.0 SCOPE.

2.1 The program must be performed in accordance with all Federal, State, and Local laws and regulations. The program is intended to accomplish waste minimization requirements for the medical center as well as improve the safety of staff, patients, and visitors. The proposed sharps containers shall be reusable containers as opposed to disposable containers.

2.2 The reusable sharps container program shall include: removal of existing sharps containers system (including disposable containers, wall brackets, carts, and cabinets); installation of reusable sharps containers (including lockable mounting brackets, stationary stands, mobile carts, and bulk storage/transport carts); in-service training to staff on use and handling of containers and proper segregation of medical sharps waste from other medical waste; monitoring reusable sharps containers to provide timely collection of full containers and replacement with clean/sanitized containers; transportation and disposal of medical sharps waste in accordance with Federal, State, and Local laws and regulations.

2.3 Regulated Medical Waste (RMW) includes but is not limited to items contaminated with blood and body fluids/waste, chemotherapy wastes, sharps, pathological and microbiological waste, or other potentially infectious materials. The Contractor shall manage a reusable medical sharps container program at Western Branch Community Based Outpatient Clinic (WBCBOC) as specified in this SOW.

3.0 PROGRAM LOCATIONS.

3.1 Contractor shall furnish all permits, services, materials, labor, supervision, management, management support, transportation, supplies, and equipment required to provide a reusable medical sharps container management program at the following:

Western Branch Community Based Outpatient Clinic (CBOC) 2508 Chesapeake Square Ring Rd.

Chesapeake, VA 23321

4.0 COORDINATION.

4.1 SCHEDULING: The contractor shall provide a written work schedule identifying when the work will be accomplished. All work must be scheduled through the Contracting Officer’s Representative (COR). Normal hours of work shall be Monday through Friday (excluding National Holidays), 7:30 a.m. to 4:00 p.m. unless other arrangements are made in advance with the COR.

Federal Holidays observed by the Western Branch Community Based Outpatient Clinic (WBCBOC) are:

New Years Day Martin Luther King Day President's Day

4.2 The contractor personnel must report to EMS prior to beginning work for each day and shall report back to EMS what they accomplished during the day before leaving the Medical Center grounds.

4.3 INTERFERENCE TO NORMAL FUNCTION: Contractor may be required to interrupt their work at any time so as not to interfere with the normal functioning of the facility, including utility services, fire protection systems, and passage of facility patients, personnel, equipment, and carts.

4.4 Contractor personnel shall inform the COR or the designee of the need to gain access to secured areas. If access is required to secure areas, prearranged scheduling will be made with COR or designee.

4.5 The government will provide access for the Contractor to medical sharps waste collection and storage areas to support completion of work.

4.6 Contractor shall, at no additional cost to the Government, provide and maintain licenses, permits, vehicles, operators, equipment, and materials to properly handle, package, label, transport, and dispose of medical sharps waste generated at Western Branch Community Based Outpatient Clinic (WBCBOC).

5.0 REMOVAL/DISPOSAL AND INSTALLATION OF WALL MOUNTED SHARPS CONTAINERS

5.1 There are estimated X sharps container locations throughout the Western Branch CBOC.

5.2 Contractor shall remove existing sharps containers (including wall brackets, cabinets, and carts) and install reusable sharps containers (including lockable mounting brackets, stationary stands, single and double mobile carts, and bulk storage/transport carts). Wherever feasible, the contractor will mount their wall brackets in the same location as the existing wall bracket being removed. All sharps container brackets that are wall mounted must be mounted in accordance with OSHA and NIOSH and meet industry standard ergonomics. Note: currently wall mounted brackets are already in place, if the contractor’s containers do not fit the already installed brackets, then the brackets must be changed out at the contractor’s expense. Contractor shall patch and paint walls, where needed, to match surrounding walls because of the removal of the old system.

5.3 All tasks accomplished by contractor personnel will be performed to preclude damage or disfigurement of government-owned furnishings, fixtures, equipment, and structures. The contractor will report any damages caused by his/her agent and will be responsible for repairing or replacing to the VA’s satisfaction. The government will not be held responsible for loss or damage to the contactor’s equipment or belongings.

5.4 The system must meet all Federal, State, Local, NIOSH, OSHA and DOT standards for collection, storage, transport, and disposal of medical sharps waste. All mobile carts and bulk transport carts must have wheels and be always clean and in good repair. Minimum requirements for the reusable sharps containers are as follows:

0. Reusable

0. Puncture proof

0. Must arrive at the medical center fully assembled

0. Leak proof in all orientations

0. One hand/one step disposal mechanism

0. Overfill protection design feature built into container (i.e., container must close off automatically once fill point has been reached)

0. Secure/Tamper-proof to include a permanent locking design feature

0. Sight/View port that shows when the container is full

0. Large access opening with safety tray restricting hand access for public access areas and open top unrestricted access for secure areas such as lab and OR

0. Available in various sizes dependent on need

0. Must have a barcode tracking feature on each container for safety and accountability

0. Able to be sanitized using a six-stage process to include environmentally friendly cleaning agents to ensure a high level of microbiological efficacy

0. Must meet U.S. Department of Transportation regulations

0. Must be certified to United Nations PG2 specifications for transport of dangerous goods

0. Must be labeled in accordance with Federal, State, Local regulations

5.5 Pricing will be set at a flat monthly sum. This monthly amount will include all items requested during the contract at no additional cost to the VA, including additional mounts or increased numbers of containers. Contractor must be able to provide additional sharps containers in response to growth potential.

6.0 SPECIFICATIONS.

6.1 Premium Plus Service, a full-service program, which includes total turnkey service where the contractor is responsible for ordering, delivering, handling, changing-out/servicing, transporting, and disposing of medical sharps waste on a regular scheduled basis, to include replacement of reusable sharps containers at each point of use as needed for Western Branch CBOC to include buildings on campus external to the main facility, in accordance with Federal, State and Local regulations. The frequency of change-out/service of containers at point of use may vary dependent on use and shall be determined by the Contractor during the early stages of use following initial installation. However, medical sharps waste stored in external transporters must be transported off-site in accordance the regulations.

6.2 Contractor will be required to remove all collected sharp containers from the grounds of Western Branch CBOC, then transport to an approved disposal facility as required by applicable federal and state regulations. The contractor will have sole responsibility for removing and replacing all sharps containers with a sterile empty unit prior to being full. Contractor will be required to provide the appropriate staff to monitor all containers placed throughout Western Branch Community Based Outpatient Clinic (WBCBOC).

6.3 Contractor will be required to provide the appropriate staff to remove all full containers placed in a central location at the Western Branch Community Based Outpatient Clinic (WBCBOC). The contractor will be responsible for supplying sterile empty sharps containers for each full container in the central location. Contractor will be required to remove full collected sharp containers from the central location at the Western Branch Community Based Outpatient Clinic (WBCBOC), then transport to an approved disposal facility as required by applicable federal and state regulations.

6.4 Contractor will be required to maintain empty clean units at the Western Branch Community Based Outpatient Clinic (WBCBOC) so staff can have access for emergencies.

6.5 Contractor will be responsible for creating location reports of all units installed throughout all facilities and create frequency reports of all units being removed for disposal.

6.6 Contractor shall track the number of times sharp container is reused using a barcode system. Contractor shall remove from service any containers that have been used the maximum allowable times.

6.7 Contractor shall provide a documented back-up plan in the event circumstances disrupts ability to provide pick-up services. Service shall be provided within 24 hours of a failure to meet scheduled pick-up times.

6.8 Contractor shall track the type, size, date, and location of containers being changed-out/serviced. Documentation of the number of containers changed-out/serviced and their sizes shall be provided upon request to Hampton Veterans Medical Center and Western Branch CBOC and to support tracking waste generation quantities. Reports shall be provided monthly.

0. The Contractor is responsible for delivering replacement sharps containers that are certified to have been cleaned/sterilized and are in proper working condition prior to delivery to the medical center (no signs of blood or body fluids or any other type of dirt).

6.10 Contractor shall provide back-up containers for areas not accessible to contractor during servicing (For Premium Plus Service option only).

6.11 The Contractor shall have in place and maintain a valid contingency plan to meet the requirements of the contract to avoid an interruption of service due to failure of equipment or personnel issues. The Contractor shall incur all cost associated with fulfilling this contingency plan at no additional cost to the Government. The Contractor shall be liable for all expenses incurred by the Government due to the Contractor’s inability to perform in accordance with these requirements.

6.12 Contractor vehicles used to transport medical sharps waste must be equipped with emergency spill kits for infectious waste. Vehicle drivers must be trained in emergency spill response procedures for infectious waste.

7.0 TRAINING

Contractor shall provide annual in-service training to Western Branch CBOC staff on the use, handling, and care of the reusable sharps’ containers and proper segregation of medical sharps waste from other medical waste, at no additional cost to the Government. Training shall be documented and shall be provided 24‑7 during initial installation to ensure that training is available to all employees. Contractor shall provide in–service training videos or DVDs for staff not available at the time of training at no additional cost to the Government.

8.0 DOCUMENTATION

8.1 The Contractor shall provide a copy of the manifest/certificate of destruction or other equivalent Department of Transportation (DOT) shipping papers to COR upon shipment of medical sharps waste containers which include the following information:

0. Regulated Medical Waste Transporter number.

0. Regulated Medical Waste Handling Permit number.

0. U.S. DOT number.

0. Transporter’s company name, mailing address, telephone number, and emergency contact phone number.

0. Quantity of medical sharps waste being shipped.

0. Name and location of the medical waste processing facility, method of destruction, and the name and location of the destination facility for the medical waste.

0. Date of shipment.

8.2 The Contractor shall provide the completed manifest/certificate of destruction to the COR within 30 days of the medical sharps waste reaching its destination.

8.3 Contractor shall provide report of the type, size, date, and location of containers being changed-out/serviced. Documentation of the number of containers changed-out/serviced and their sizes shall be provided to Hampton VAMC, and Western Branch CBOCs and to support tracking waste generation quantities. Reports shall be provided monthly.

8.4 The deliverables from this contract will be used to support regulatory recordkeeping requirements for regulated medical waste disposal at Western Branch CBOC.

8.5 The Contractor shall adhere to all Federal, State, and Local laws and regulations for proper management, transportation, and disposal of Regulated Medical Sharps Waste.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

PICKUP, TRANSPORT, AND DISPOSAL OF REGULATED MEDICAL WASTE (RMW) WESTERN BRANCH CBOC Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 562211 - Hazardous Waste Treatment and Disposal PRODUCT/SERVICE CODE: S222 - Housekeeping - Waste Treatment/Storage

MANUFACTURER PART NUMBER (MPN): N/A

PICKUP, TRANSPORT, AND DISPOSAL OF SHARPS (WESTERN BRANCH CBOC)

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 562211 - Hazardous Waste Treatment and Disposal

EMERGENCY/CONTINGENCY COLLECTIONS IN ACCORDANCE WITH SOW (WESTERN BRANCH CBOC)

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 562211 - Hazardous Waste Treatment and Disposal

PICKUP, TRANSPORT, AND DISPOSAL OF REGULATED MEDICAL WASTE (RMW) WESTERN BRANCH CBOC Contract Period: Option 1 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 562211 - Hazardous Waste Treatment and Disposal

PICKUP, TRANSPORT, AND DISPOSAL OF SHARPS (WESTERN BRANCH CBOC)

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 562211 - Hazardous Waste Treatment and Disposal

EMERGENCY/CONTINGENCY COLLECTIONS IN ACCORDANCE WITH SOW (WESTERN BRANCH CBOC)

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 562211 - Hazardous Waste Treatment and Disposal

PICKUP, TRANSPORT, AND DISPOSAL OF REGULATED MEDICAL WASTE (RMW) WESTERN BRANCH CBOC Contract Period: Option 2 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 562211 - Hazardous Waste Treatment and Disposal

PICKUP, TRANSPORT, AND DISPOSAL OF SHARPS (WESTERN BRANCH CBOC)

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 562211 - Hazardous Waste Treatment and Disposal

EMERGENCY/CONTINGENCY COLLECTIONS IN ACCORDANCE WITH SOW (WESTERN BRANCH CBOC)

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 562211 - Hazardous Waste Treatment and Disposal

PICKUP, TRANSPORT, AND DISPOSAL OF REGULATED MEDICAL WASTE (RMW) WESTERN BRANCH CBOC Contract Period: Option 3 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 562211 - Hazardous Waste Treatment and Disposal

PICKUP, TRANSPORT, AND DISPOSAL OF SHARPS (WESTERN BRANCH CBOC)

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 562211 - Hazardous Waste Treatment and Disposal

EMERGENCY/CONTINGENCY COLLECTIONS IN ACCORDANCE WITH SOW (WESTERN BRANCH CBOC)

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 562211 - Hazardous Waste Treatment and Disposal

PICKUP, TRANSPORT, AND DISPOSAL OF REGULATED MEDICAL WASTE (RMW) WESTERN BRANCH CBOC Contract Period: Option 4 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 562211 - Hazardous Waste Treatment and Disposal

PICKUP, TRANSPORT, AND DISPOSAL OF SHARPS (WESTERN BRANCH CBOC)

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 562211 - Hazardous Waste Treatment and Disposal

EMERGENCY/CONTINGENCY COLLECTIONS IN ACCORDANCE WITH SOW (WESTERN BRANCH CBOC)

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 562211 - Hazardous Waste Treatment and Disposal

B.3 DELIVERY SCHEDULE

WESTERN BRANCH COMMUNITY BASED OUTPATIENT CLINIC

2508 CHESAPEAKE SQUARE RING RD

CHESAPEAKE, VA 23220

USA

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

(End of Addendum to 52.212-4)

C.2 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/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Clause)

C.3 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025) (DEVIATION)

(a) Definitions. As used in this clause— American Security Drone Act-covered foreign entity means an entity included on a list that the Federal Acquisition Security Council (FASC) develops and maintains and publishes in the System for Award Management (SAM) at https://www.sam.gov (section 1822 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

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

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

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

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

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

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means—

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means—

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled—

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

FASC-prohibited unmanned aircraft system means an unmanned aircraft system manufactured or assembled by an American Security Drone Act—covered foreign entity.

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

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

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

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

Information technology, as defined in 40 U.S.C. 11101(6)—

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

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

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

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

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

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

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

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

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

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

Interconnection arrangement means arrangements governing the physical connection of two or more networks to allow the use of another’s network to hand off traffic where it is ultimately delivered (e.g., connecting a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Kaspersky Lab-covered article means any hardware, software, or service that—

(1) Is developed or provided by a Kaspersky Lab-covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a Kaspersky Lab-covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a Kaspersky Lab-covered entity.

Kaspersky Lab-covered entity means—

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab, including any change in name, e.g., “Kaspersky”;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

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

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

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

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