36C24626Q0892_2.docx

36C24626Q0892 Grounds Keeping Durham VA Medical Center.

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

09-16-2026 Byron Brown None 09-25-2026

12PM

EDT

Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667

X

561730 $9.5 Million Net 30

N/A

Durham VA Medical Center 508 Fulton St.

Durham NC 27705

Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667

Financial Services Center

PO BOX 149971

Austin TX 78714-9971 512-460-5049 512-460-5221 X See CONTINUATION Page This solicitation is for Groundskeeping Services at Durham VA Medical Center.

This is a 100% SDVOSB-set-aside and FAR Clause 852.219-75 must be returned as a full clause with signature in order to be eligible for award.

See CONTINUATION Page

Byron Brown 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:

b. GOVERNMENT: Contracting Officer 36C246 Byron Brown

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.

https://www.fsc.va.gov/einvoice.asp

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 SPECIAL CONTRACT REQUIREMENTS

A. WORK HOURS.

The services covered by this contract shall be furnished by the contractor as defined herein. The contractor shall not be required, except in case of emergency, to furnish such services on Federal Holidays or during off duty hours as described below.

The following terms have the following meanings:

2.1. Normal working hours: Monday through Friday, 7:30 a.m. – 4:00 p.m., excluding federal holidays. The 11 holidays observed by the Federal Government are:

Work outside these hours must be prescheduled and approved by the CO.

When one of the holidays falls on Sunday, the following Monday shall be observed as a Federal Holiday. When a holiday falls on a Saturday, the preceding Friday shall be observed as a Federal Holiday.

Smoking Policy Per VHA Directive 1085 Dated 3/15/19 All VA Health Care Facilities shall be smoke free. This directive applies to all patients, visitors, contractors, volunteers, and vendors.

B. BILLING AND PAYMENT.

To allow time for review and acceptance of reports and all services, the Contractor shall invoice Monthly in Arrears

Invoices shall include at a minimum:

· Date of invoice

· Contract Number

· Purchase Order Number

· Vendor Name

· Invoice Number

· CLIN & Date of service

POINTS OF CONTACTS

Contract Officer (CO) Byron Brown Department of Veterans Affairs Network Contracting Office (NCO) 6 100 Emancipation Drive, Bldg. 27 Hampton, Virginia 23667 Byron.Brown4@va.gov

Point Of Contract.

TBD

Page 1 of Page 1 of

B.3 PERFORMANCE WORK STATEMENT (PWS)

PERFORMANCE WORK STATEMENT

FOR

GROUNDS MAINTENANCE SERVICES

DESCRIPTION OF SERVICES. Contractor is to provide complete landscape maintenance services, labor, supervision, equipment, tools transportation, materials, quality control and incidentals necessary to maintain the grounds in a safe, clean professional, and acceptable condition consistent with VA standards. Approximate size of VA facility is 18 acers. Services will be rendered at 508 Fulton st. Durham. VA site includes several parking lots, parking garages and several building structures.

The contractor shall provide all personnel, equipment, tools, supervision, and other items and services necessary to ensure that grounds maintenance is performed at Durham VA Medical Center in a manner that will maintain healthy grass, trees, shrubs, and plants and present a clean, neat, and professional appearance. This is a Base + 4-year Contract.

Services shall include Mowing, weed eating (every 2 weeks)Weed control (organic weed control) Shrub and hedge trimming (twice a year) Tree maintenance (as directed) Mulching (yearly) Seasonal planting, Leaf removal (as needed) Debris and litter removal - pick up trash and empty all trash cans in garage B all levels, and all VA parking lots, throughout the campus (daily) Storm cleanup (tornado) (Hurricane) (snow – ice melt – scraping) Fertilization (quarterly) Maintenance of planting beds, Sidewalk and curb edging (once a month) Hours of Operation: Services shall be performed during the VA normal business hours, 7:30 a.m. through 4:00 p.m., Monday through Friday, excluding Federal holidays. Any work that needs to take place outside of the scope of normal business hours shall be approved by the Contracting Officer’s Representative (COR) prior to the commencement of work. Federal holidays are available at the Federal Holiday OPM Site. For working outside the normal working hours as defined in this contract, the vendor shall give 3-day notice to the COR so that arrangements can be provided for the employees. This notice is separate from any notices required for utility shutdown described later in this section. All work to be coordinated around an operational medical center, as to minimize impact to patient care. With no cost to the VA.

The contractor shall provide all materials, labor, supervision, travel, tools, supplies, equipment and transportation required.

1.1. MAINTAIN IMPROVED GROUNDS.

1.1.1. Mow Improved Grounds. Grass shall be cut on approximately (4-5) acres of improved grounds as indicated in Appendix B. Grass clippings shall be removed or mulched when visible after mowing. Contractor shall maintain the growth of grass height on improved grounds between 1 to 4 inches depending upon the type of grass. Height is a guideline for a neat and professional appearance. All improved grounds shall always look well-manicured.

* Kentucky Blue Grass, St. Augustine - 2 to 3 in.

* Tall Fescue - 2.5 to 3.5 in.

* Bermuda Grass - 1 to 1.5 in.

* Zoysia Grass - 1 to 1.5 in.

1.1.2. Edging. Sidewalks, driveways, curbs, and other concrete or asphalt edges located in the improved ground areas shall be edged at least every other mowing. Areas that require edging are shown in Appendix B. Edging shall include removal of vegetation from cracks in sidewalks, driveways, and curbs within .5 inch of the edged surface and to a depth of 2.0 inches. This work involves approximately (9101) linear feet of sidewalks, driveways, and curbs in areas indicated in Appendix A.

1.1.3. Trimming. Grass and weeds shall be trimmed around trees, shrubs, buildings, fences, poles, posts, fire hydrants, parking lot bumper blocks, boulders, and other fixed obstacles. Trimming heights shall match surrounding area grass heights. This task involves all improved grounds as shown in Appendix B. All areas shall be trimmed concurrently with mowing. Damage to trees and shrubs from trimming shall be repaired by the contractor. If a plant should die or become unhealthy due to damage, the contractor will be responsible for replacing the damaged plant with a plant of same size and type. Plant replacement shall occur within 15 days of damage noticed.

1.1.4. Irrigation. Areas requiring irrigation are identified in Appendix B. All improved areas shall receive sufficient amounts of water, as necessary to present a uniform green color without browning or barren areas resulting from lack of water. The contractor should provide watering hoses and portable watering devices for irrigating areas that do not have sprinkler systems.

1.1.5. Remove Debris/Police Grounds. The contractor shall perform general litter patrol in all areas identified in Appendix B. Responsibilities shall include, but not be limited to, the removal and disposal of all natural debris, (tree limbs, dry brush, rodent habitats, dead animals, etc.), and man-made debris. Contractors shall police areas (5) days per week. During the fall months, fallen leaves shall be removed weekly from those areas indicated in Appendix B. At other times leaves shall be removed as necessary. Dispose of all debris at an off-base location in accordance with existing local, state, and federal regulations.

1.1.6. Repair Damaged Areas. Areas damaged by contractor vehicles, erosion, drought or insects/diseases shall be seeded, sprinkled, or sodded to meet the standards of surrounding areas. Other than lawn areas will be repaired to match the surrounding area.

1.1.7. Apply Fertilizer and/or Lime. The contractor shall perform an effective commercial fertilizer/lime application program for all improved grounds. Approved fertilizers/lime shall be applied in accordance with the manufacturer’s instructions. The type and amount of fertilizer or lime applied shall be based on results of a soil test. Soil tests shall be conducted by the state land management university or equivalent commercial soil laboratory; such tests are the responsibility of the contractor.

1.1.9. Aerate Soil. Aerate soil on (5 acres approximately) improved grounds to maintain grounds in a healthy state.

1.2. EMERGENCY AND SPECIAL EVENT SERVICES. Upon notification by the contracting officer through the issuance of a delivery order, the contractor shall perform emergency or special event grounds maintenance required in areas covered under this contract. Upon notification of an emergency, the contract manager shall respond within one (1) hour to meet with the contracting officer and COR and initiate emergency services. Upon receiving directions by the contracting officer, contractor personnel shall begin emergency work within two hours. The contracting officer will notify the contractor as soon as a special event requirement is known, but no less than 24 hours prior to the event.

1.4. MAINTAIN TREES/SHRUBS/HEDGES.

1.4.1. Trimming/Pruning. Contractors shall prune trees in improved and semi-improved areas on a 3-to-5-year pruning cycle. Pruning shall be accomplished in accordance with industry (ANSI Z133.1 - 1994) standards. Class II medium pruning shall be used in general on all trees. Class IV pruning shall be used only for lifting, removal, and/or cutbacks of branches that conflict with normal traffic or safety in the vicinity of the trees. Minimum safety clearance is 14 feet over streets, 12 feet over driveways, 8 feet over walking areas, and 4 feet from buildings. Other trees shall be pruned on an as-required basis to provide safety, clearances and/or to prevent structural damage. Topping and de-horning shall not be permitted. Trimming/pruning of trees around utility poles/power lines is the responsibility of the contractor. Notify the COR when trimming/pruning around utility poles/power lines is needed. Shrubs, small trees, and other plants shall be maintained according to the American Society of Landscape Architect's standards. They shall be pruned as required to maintain their natural growth characteristics. Shrubs and small trees shall be trimmed and pruned to enhance the beauty and health of the plant. Hedges shall be maintained to their natural mature height and shape. Broadleaf evergreens and flowers beds shall be pruned annually or as required maintaining clearances of minimum of 3 inches from buildings, sidewalks, or other obstructions.

1.4.2. Maintain Bedding and Planted Areas. Fertilize, water, edge, eliminate weeds, maintain mulch, and repair or replace damaged plants in shrub and plant beds as identified in Appendix B. All weeds shall be removed or eradicated manually or mechanically, but not chemically.

1.6. PERFORM SNOW/ICE REMOVAL.

1.6.1. Basic Services. The contractor shall remove snow and ice from all paved areas, sidewalks, steps, stairs, landings, and entrance ramps as shown in Appendix B. (5970’sidewalks and 186,120 sq ft of parking lots) The contractor shall ensure a pathway of 3 feet wide is free of snow accumulation, piles, or drifts by removing all snow and ice from sidewalks, steps, landings, and entrance ramps. The contractor shall remove snow, including drift or piles, from all remaining paved surfaces such as roads and parking lots, and as shown on the map in Appendix B. The Snow in Priority 1 areas (Appendix B), shall be removed when accumulation exceeds one (1) inch or within one (1) hour after snowfall stops. For areas identified as Priority 2 (Appendix B), the contractor shall remove snow when accumulation reaches 3 inches or within 2 hours after the snowfall stops. This may require multiple snow/ice removals each day. When snowfall is heavy or accumulations become excessive, the contractor must place excess snow in accumulation points identified in Appendix B.

1.6.1.1. Remove Ice. The contractor shall immediately remove ice to provide secure footing or safe driving conditions by the snow removal operation.

2. GENERAL INFORMATION.

2.1. QUALITY CONTROL. The contractor shall develop, submit for contracting officer approval, and maintain a quality program to ensure grounds maintenance services are performed in accordance with established standards of Professional Grounds Management Society (PGMS), National Arborist Association, American Society of Landscape Architects, and the local county extension office. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. As a minimum the contractor shall develop quality control procedures addressing the areas identified in paragraph 2, Service Delivery Summary.

2.2. QUALITY ASSURANCE. The government will periodically evaluate the contractor’s performance in accordance with the Quality Assurance Surveillance Plan.

2.3. GOVERNMENT REMEDIES. The contracting officer shall follow FAR 52.212.4, Contract Terms and Conditions-Commercial Items (May 1997), for contractor’s failure to perform satisfactory services or failure to correct non-conforming services.

2.4. HOURS OF OPERATION. (7:30am-4:00pm)

3. APPENDICES.

A. Estimated Workload Data

B. Maps and/or Site Plans

C. Government Furnished Property/Services/Equipment

APPENDIX A

ESTIMATED WORKLOAD DATA

ITEM

NAME

ESTIMATED WORK AREA

APPENDIX B

MAPS AND/OR SITE PLANS

SUGGESTED MAPS ARE:

APPENDIX C

GOVERNMENT FURNISHED PROPERTY/SERVICES/EQUIPMENT

POSSIBLE ITEMS ARE:

B.4 PRICE/COST SCHEDULE

ITEM INFORMATION

TURF MAINTENANCE

Contract Period: Base POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 561730 - Landscaping Services PRODUCT/SERVICE CODE: S208 - Housekeeping - Landscaping/Groundskeeping

MOWING AND WEED EATING

POP Begin: 10-01-2026 POP End: 09-30-2027

WEED CONTROL

POP Begin: 10-01-2026 POP End: 09-30-2027

SHRUB AND HEDGE TRIMMING

POP Begin: 10-01-2026 POP End: 09-30-2027

TREE MAINTENANCE

POP Begin: 10-01-2026 POP End: 09-30-2027

MULCHING

POP Begin: 10-01-2026 POP End: 09-30-2027

SEASONAL PLANTING

POP Begin: 10-01-2026 POP End: 09-30-2027

LEAF REMOVAL

POP Begin: 10-01-2026 POP End: 09-30-2027

DEBRIS AND LITTER REMOVAL

POP Begin: 10-01-2026 POP End: 09-30-2027

STORM CLEAN UP

POP Begin: 10-01-2026 POP End: 09-30-2027

FERTILIZATION

POP Begin: 10-01-2026 POP End: 09-30-2027

MAINTENANCE OF PLANTING BEDS

POP Begin: 10-01-2026 POP End: 09-30-2027

SIDEWALK AND CURB EDGING CLEAN UP CONTRACT: NEW - UID# VA-27-00005106 PoP: 10/01/26 - 09/30/27 POC: ROBERT LOWE 17-4898

POP Begin: 10-01-2026 POP End: 09-30-2027

TURF MAINTENANCE

Contract Period: Option 1 POP Begin: 10-01-2027 POP End: 09-30-2028

MOWING AND WEED EATING

POP Begin: 10-01-2027 POP End: 09-30-2028

WEED CONTROL

POP Begin: 10-01-2027 POP End: 09-30-2028

SHRUB AND HEDGE TRIMMING

POP Begin: 10-01-2027 POP End: 09-30-2028

TREE MAINTENANCE

POP Begin: 10-01-2027 POP End: 09-30-2028

MULCHING

POP Begin: 10-01-2027 POP End: 09-30-2028

SEASONAL PLANTING

POP Begin: 10-01-2027 POP End: 09-30-2028

LEAF REMOVAL

POP Begin: 10-01-2027 POP End: 09-30-2028

DEBRIS AND LITTER REMOVAL

POP Begin: 10-01-2027 POP End: 09-30-2028

STORM CLEAN UP

POP Begin: 10-01-2027 POP End: 09-30-2028

FERTILIZATION

POP Begin: 10-01-2027 POP End: 09-30-2028

MAINTENANCE OF PLANTING BEDS

POP Begin: 10-01-2027 POP End: 09-30-2028

SIDEWALK AND CURB EDGING CLEAN UP CONTRACT: NEW - UID# VA-27-00005106 PoP: 10/01/26 - 09/30/27 POC: ROBERT LOWE 17-4898

POP Begin: 10-01-2027 POP End: 09-30-2028

TURF MAINTENANCE

Contract Period: Option 2 POP Begin: 10-01-2028 POP End: 09-30-2029

MOWING AND WEED EATING

POP Begin: 10-01-2028 POP End: 09-30-2029

WEED CONTROL

POP Begin: 10-01-2028 POP End: 09-30-2029

SHRUB AND HEDGE TRIMMING

POP Begin: 10-01-2028 POP End: 09-30-2029

TREE MAINTENANCE

POP Begin: 10-01-2028 POP End: 09-30-2029

MULCHING

POP Begin: 10-01-2028 POP End: 09-30-2029

SEASONAL PLANTING

POP Begin: 10-01-2028 POP End: 09-30-2029

LEAF REMOVAL

POP Begin: 10-01-2028 POP End: 09-30-2029

DEBRIS AND LITTER REMOVAL

POP Begin: 10-01-2028 POP End: 09-30-2029

STORM CLEAN UP

POP Begin: 10-01-2028 POP End: 09-30-2029

FERTILIZATION

POP Begin: 10-01-2028 POP End: 09-30-2029

MAINTENANCE OF PLANTING BEDS

POP Begin: 10-01-2028 POP End: 09-30-2029

SIDEWALK AND CURB EDGING CLEAN UP CONTRACT: NEW - UID# VA-27-00005106 PoP: 10/01/26 - 09/30/27 POC: ROBERT LOWE 17-4898

POP Begin: 10-01-2028 POP End: 09-30-2029

TURF MAINTENANCE

Contract Period: Option 3 POP Begin: 10-01-2029 POP End: 09-30-2030

MOWING AND WEED EATING

POP Begin: 10-01-2029 POP End: 09-30-2030

WEED CONTROL

POP Begin: 10-01-2029 POP End: 09-30-2030

SHRUB AND HEDGE TRIMMING

POP Begin: 10-01-2029 POP End: 09-30-2030

TREE MAINTENANCE

POP Begin: 10-01-2029 POP End: 09-30-2030

MULCHING

POP Begin: 10-01-2029 POP End: 09-30-2030

SEASONAL PLANTING

POP Begin: 10-01-2029 POP End: 09-30-2030

LEAF REMOVAL

POP Begin: 10-01-2029 POP End: 09-30-2030

DEBRIS AND LITTER REMOVAL

POP Begin: 10-01-2029 POP End: 09-30-2030

STORM CLEAN UP

POP Begin: 10-01-2029 POP End: 09-30-2030

FERTILIZATION

POP Begin: 10-01-2029 POP End: 09-30-2030

MAINTENANCE OF PLANTING BEDS

POP Begin: 10-01-2029 POP End: 09-30-2030

SIDEWALK AND CURB EDGING CLEAN UP CONTRACT: NEW - UID# VA-27-00005106 PoP: 10/01/26 - 09/30/27 POC: ROBERT LOWE 17-4898

POP Begin: 10-01-2029 POP End: 09-30-2030

TURF MAINTENANCE

Contract Period: Option 4 POP Begin: 10-01-2030 POP End: 09-30-2031

MOWING AND WEED EATING

POP Begin: 10-01-2030 POP End: 09-30-2031

WEED CONTROL

POP Begin: 10-01-2030 POP End: 09-30-2031

SHRUB AND HEDGE TRIMMING

POP Begin: 10-01-2030 POP End: 09-30-2031

TREE MAINTENANCE

POP Begin: 10-01-2030 POP End: 09-30-2031

MULCHING

POP Begin: 10-01-2030 POP End: 09-30-2031

SEASONAL PLANTING

POP Begin: 10-01-2030 POP End: 09-30-2031

LEAF REMOVAL

POP Begin: 10-01-2030 POP End: 09-30-2031

DEBRIS AND LITTER REMOVAL

POP Begin: 10-01-2030 POP End: 09-30-2031

STORM CLEAN UP

POP Begin: 10-01-2030 POP End: 09-30-2031

FERTILIZATION

POP Begin: 10-01-2030 POP End: 09-30-2031

MAINTENANCE OF PLANTING BEDS

POP Begin: 10-01-2030 POP End: 09-30-2031

SIDEWALK AND CURB EDGING CLEAN UP CONTRACT: NEW - UID# VA-27-00005106 PoP: 10/01/26 - 09/30/27 POC: ROBERT LOWE 17-4898

POP Begin: 10-01-2030 POP End: 09-30-2031

SECTION C - CONTRACT CLAUSES

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:

C.1 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.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of Clause)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of Clause) C.4 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (NOV 2025) (DEVIATION)

(a) During the term of this contract, the Contractor must post an employee notice, of such size and in such form, and containing such content as prescribed by the Secretary of Labor, in conspicuous places in and about its plants and offices where employees covered by the National Labor Relations Act engage in activities relating to the performance of the contract, including all places where notices to employees are customarily posted both physically and electronically, in the languages employees speak, in accordance with 29 CFR 471.2(d) and (f).

(1) Physical posting of the employee notice must be in conspicuous places in and about the Contractor's plants and offices so that the notice is prominent and readily seen by employees who are covered by the National Labor Relations Act and engage in activities related to the performance of the contract.

(2) If the Contractor customarily posts notices to employees electronically, then the Contractor must also post the required notice electronically by displaying prominently, on any Web site that is maintained by the Contractor and is customarily used for notices to employees about terms and conditions of employment, a link to the Department of Labor's Web site that contains the full text of the poster. The link to the Department's Web site, as referenced in (b)(3) of this section, must read, "Important Notice about Employee Rights to Organize and Bargain Collectively with Their Employers."

(b) This required employee notice, printed by the Department of Labor, may be—

(1) Obtained from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N-5609, Washington, DC 20210, (202) 693-0123, or from any field office of the Office of Labor-Management Standards or Office of Federal Contract Compliance Programs;

(2) Provided by the Federal contracting agency if requested;

(3) Downloaded from the Office of Labor-Management Standards Web site at http://www.dol.gov/olms/regs/compliance/EO13496.htm; or

(4) Reproduced and used as exact duplicate copies of the Department of Labor's official poster.

(c) The required text of the employee notice referred to in this clause is located at Appendix A, Subpart A, 29 CFR Part 471.

(d) The Contractor must comply with all provisions of the employee notice and related rules, regulations, and orders of the Secretary of Labor.

(e) In the event that the Contractor does not comply with the requirements set forth in paragraphs (a) through (d) of this clause, this contract may be terminated or suspended in whole or in part, and the Contractor may be suspended or debarred in accordance with 29 CFR 471.14 and subpart 9.4. Such other sanctions or remedies may be imposed as are provided by 29 CFR part 471, which implements Executive Order 13496 or as otherwise provided by law.

(f) Subcontracts.

(1) The Contractor must include the substance of this clause, including this paragraph (f), in every subcontract that exceeds $10,000 and will be performed wholly or partially in the United States, unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to section 3 of Executive Order 13496 of January 30, 2009, so that such provisions will be binding upon each subcontractor.

(2) The Contractor must not procure supplies or services in a way designed to avoid the applicability of Executive Order 13496 or this clause.

(3) The Contractor must take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means of enforcing such provisions, including the imposition of sanctions for noncompliance.

(4) However, if the Contractor becomes involved in litigation with a subcontractor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.

(End of Clause)

C.5 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5332.

This Statement is for Information Only:

It is not a Wage Determination

(End of Clause) C.6 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS (DEVIATION APR 2026) (a)Definitions. As used in this clause— Program participation means membership or participation in, or access or admission to: training, mentoring, or leadership development programs; educational opportunities; clubs; associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.

Racially discriminatory diversity, equity, and inclusion (DEI) activities means disparate treatment based on race or ethnicity in the recruitment, employment (e.g., hiring, promotions), contracting (e.g., vendor agreements), program participation, or allocation or deployment of an entity's resources.

(b) In connection with the performance of work under this contract, the Contractor agrees as follows:

(1) The Contractor will not engage in any racially discriminatory DEI activities;

(2) The Contractor will furnish all information and reports, including providing access to books, records, and accounts, as required by the Contracting Officer, for purposes of ascertaining compliance with this clause;

(3) In the event of the Contractor's or a subcontractor's noncompliance with this clause, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor or subcontractor may be declared ineligible for further Government contracts;

(4) The Contractor will report any subcontractor's known or reasonably knowable conduct that may violate this clause to the Contracting Officer and take any appropriate remedial actions directed by the Contracting Officer; and

(5) The Contractor will inform the Contracting Officer if a subcontractor sues the Contractor and the suit puts at issue, in any way, the validity of this clause.

(6) The Contractor recognizes that compliance with the requirements of this clause are material to the Government's payment decisions for purposes of 31 U.S.C. 3729(b)(4).

(c) The Contractor must include the substance of this clause, including this paragraph (c), in subcontracts at any tier, including those for commercial products and commercial services, except those where the place of delivery or performance is outside the United States.

(End of Clause)

C.7 52.223-23 SUSTAINABLE PRODUCTS (NOV 2025) (DEVIATION)

(a) Definitions. As used in this clause— Sustainable products means—

(1) A product that contains recovered material designated by the EPA under the Comprehensive Procurement Guidelines (42 U.S.C. 6962) (40 CFR part 247) (https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products).

(2) An energy-efficient product or low standby power device (42 U.S.C. 8259b) (10 CFR part 436, subpart C) (https://www.energy.gov/femp/search-energy-efficient-products, https://www.energystar.gov/products?s=mega, and https://www.energy.gov/femp/low-standby-power-product-list).

(3) A biobased product that meets the content requirements of the USDA under the BioPreferred® program (7 U.S.C. 8102) (7 CFR Part 4270) (https://www.biopreferred.gov/)

(4) A substance identified in the EPA’s Significant New Alternatives Policy (SNAP) program as a safe alternative to an ozone-depleting substance (42 U.S.C. 7671l) (40 CFR part 82, subpart G) (https://www.epa.gov/snap/unacceptable-and-acceptable-substitutes-tables).

(b) Requirements. The Government has identified in the statement of work or elsewhere in the contract the sustainable products that are required during the performance of this contract. The Contractor shall ensure that it provides sustainable products as required by this contract, when the products are—

(1) Delivered to the Government;

(2)Furnished for use by the Government;

(3) Incorporated into the construction of a public building or public work; or

(c) Furnished for use in performing services under this contract, where the cost of the products is a direct cost to this contract.

(End of Clause)

C.8 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.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

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