36C24626Q0912.docx

36C24626Q0912

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

36C24626Q0912 08-1 -2026 Ruth Morris - Contract Specialist 757-251-4296 08-20-2026 11:00

EDT

Jerry L. Mann Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667 X X 337127 500 Employees

NET 30

N/A X Department of Veterans Affairs Hampton VA Medical Center 100 Emancipation Drive Hampton VA 23667 Ruth Morris 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 This Solicitation is for a SDVOSB set-aside for the delivery and installation on the Solar Window Treatments for the Hospice Unit for Hampton VA Medical Center.

Items are listed in the Schedule Section B.2.

Gray Market Items will not be accepted.

Submit quotes separately on company letterhead with lead time and the Original Equipment Manufacturer Letter of Authorization (LOA).

Award will be made to the lowest price offeror who meets technical acceptability.

Quotes are due by August 20, at 11:00 a.m. EDT See CONTINUATION Page X X X Jerry L. 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@va.gov; 757-728-7193 Jerry L. 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:

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Inpro/WT Dual Battery-Operated Shades with Sheerweave 243 series fabric at 3% openness and Blac??out 0700 series fabric at 0% openness both fabrics in one standard color : TBD, with Fascia in one standard color: TBD, with Multi-Channel Remote Controls. (14) Charger (14) Cord Extenders (16) Multi-Channel Remotes Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 337127 - Institutional Furniture Manufacturing PRODUCT/SERVICE CODE: 7195 - Miscellaneous Furniture and Fixtures MANUFACTURER PART NUMBER (MPN): Sheerweave 243 serie LOCAL STOCK NUMBER: Sheerweave 243 series

Measure& Installation: Price is based on installation into window frame, wood or metal stud blocking. Excludes installation into concrete, block or steel.

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 337127 - Institutional Furniture Manufacturing PRODUCT/SERVICE CODE: 7195 - Miscellaneous Furniture and Fixtures MANUFACTURER PART NUMBER (MPN): Installation LOCAL STOCK NUMBER: Installation

B.3 DELIVERY SCHEDULE

100 EMANCIPATION DRIVE

HAMPTON, VA 23667

USA

757-722-9961 ext 3655 nicole.washington3@va.gov

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B.4 STATEMENT OF WORK

1. SCOPE OF WORK:

The selected contractor shall be required to furnish, deliver, and install solar shades to 100 Emancipation Dr, Hampton VA Medical Center Bldg 114 first floor to rooms BG09, BG09B, BG08, BG08B, BG07, BG06, BG05, BG05B, BG13, BG13B, BG14, BG15, BG16, BG16B, BG17, BG17B. The timeframe for delivery receipt shall be no later than 20 weeks following award of contract, with coordination of specific dates mutually agreed upon by the HAMVAMC Interior Designer and the selected contractor.

The vendor shall field verify the spaces before placing a final order. This assembly shall be developed with the awarded vendor with use of the materials outlined within. The vendor responding to the solicitation shall provide the required furnishings as noted on the attached drawings, described in the performance-based technical specification, and described here within. The attached technical based specification describes the minimal materials, construction, and technical requirements.

2. BID REQUIREMENTS:

All bids shall be formatted appropriately as shown below to ensure a consistent basis for comparison:

Pieces

Parts

Fabric @ $60/yd.

Etc.)

Cost of item (as defined below, i.e. “Hon Abound Cubicles from OFI” is the basis of design) shall be wholly inclusive of all required components.

· Comprehensive freight, installation, and any associated project management fees to be indicated.

· All product bids must include a comprehensive technical package for review. The technical package shall include 2D and 3D drawings of the line items, cut sheets or other documentation supporting the item meets or exceeds all the indicated required characteristics.

3. Inpro – WT Dual Operated w/ remote:

1 Inpro – Solar Shades – Brand name or Equal Item 1: Solar Shades

Cubicle Walls:

Openness: 3% Blackout: Yes, 0% Series: Sheer weave Fabric Size: various wall tile sizes Color: TBD Fascia: Yes, Color TBD Battery Operated: Yes

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Cord Extenders: Yes Quantity: 35 Chargeable Batteries: Yes

Or Equal Salient Characteristics:

1. Remote caddy – If a Somfy handheld remote is specified. The Somfy RTS remotes comes with a wall caddy that easily mounts to all surfaces. The caddy has a two-sided tape on the backside. The installer can mount the caddy to the specified location.

2. Salient Features – Inpro WT shades are produced with a proprietary bracket, clutch, an idler that is high performance, easy to install, easy to remodel, and safe. The bracket specifically is engineered with metal-to-metal bracket and clutch construction creating a secure installation of the shade. Idler is also metal to metal contact that also utilizes a high-tension spring providing flexibility for the installer and maintenance staff. Fabrics are high quality solar, sheer, or blackout with 701 fire ratings. Product warranty is 25 years.

Note: Vendor shall provide hard copy data sheets and technical information on the substituted products. Data sheets shall include picture or rendering, make and exact model number, description, cut sheet, price list, and technical information on why substituted item meets SOW requirements. Technical data shall be provided within 10 days of bid submission. Failure to provide all information and samples will be considered an incomplete bid package.

4. EVALUATION CRITERIA

a. Bill of Materials with subtotals and tagged per CLIN.

b. Labor/Services appropriate to the scope of work. (no pricing included)

c. Project staffing plan appropriate to scope of work

d. Project management plan appropriate to scope of work Requirements:

· Freight (FOB Destination) of all items to be indicated as a total amount or included in the QUOTE total. VA Hampton is not responsible for off-loading items from delivery trucks.

· Hampton VA Medical Center will not provide on-site storage. Necessary storage must be included in proposal.

· Bidders responsible for final quantity counts to furnish the space as indicated

· Bidders responsible for field measurements / verification and any necessary modifications prior to any fabrication.

· Bidders shall present their best lead-time to manufacturer, ship and install window treatments as lead times are a critical factor.

· All finishes to have a local, manufacturer’s dealer representation capable of providing onsite maintenance and service/ and or installer.

· Bidders responsible for providing all components, whether specifically listed or not, for a complete functioning system that complies with Manufacturers installation requirements i.e. carriers for tracks.

· Provide list of at least three similar projects in healthcare facilities where finishes were used, giving names of projects, scope, and name and telephone number of individual at facility to contact.

· NFPA 701

· Compliance with product technical requirements and past performance will be thoroughly evaluated.

· All items sold to the Government must meet or exceed ANSI/BIFMA and ASTM performance standards.

5. OTHER CONSIDERATIONS FOR PROPOSAL SITE VISIT

For interested bidders, the Hampton VA Medical Center will host a site visit to review the above locations. This will allow the bidders to request additional information in real-time to be able to present accurate proposals for solicitation. The information is as follows:

(a) Site Visit Day: August 18 at 10AM EST

a. Please meet at Bldg 36, Police Services to begin the site visit.

b. Parking is located adjacent to the building with ample availability. Please review attachment for where to meet prior to reviewing the location.

ii. Point-of-Contact (POC) for the site visit will be:

(a) Nicole Washington; nicole.washington3@va.gov; (757) 722-9961 .3655

iii. VHA kindly requests for any bidders who are running behind more than 15 minutes to reach out to the POC as the site visit will occur promptly at 10AM.

2. Dealer shall have in-house services available including interior design, sales, installation, and warehousing capability.

3. Dealer/Manufacturer shall have the following professional associations:

a. Efficient Data Centers 7x24 Exchange

b. AFCOM

c. BICSI

4. Lead-time is a critical factor. Bidders shall present their best lead-time to design, manufacture, ship, and install furniture.

5. Installation must be the quickest turnaround as possible within a 72-hour period.

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6. If bidder is not the manufacturer of all major components, such as core, surfaces, modular walls, and lift solutions, then the bidder shall specify which manufacturer is being used and include their reference information and past experience to determine qualified status.

6. CONTRACTOR REQUIREMENTS

The contractor shall perform all work under this contract in strict accordance with all safety codes to eliminate the possibility of damage or injury to patients, personnel and equipment or building structures.

Installation

1. Deliver and install all solar shades.

2. Project phasing and scheduling requirements include planning, project management and installation.

3. All materials, labor, and equipment needed for a turn-key installation.

4. The Contractor is responsible for ensuring staff are trained and certified for planning and installing product to maintain the integrity of the manufacturer’s warranty.

5. The Contractor shall be knowledgeable of and shall comply with all applicable federal, state, and local laws, Building Codes, Life Safety Codes, Interim Life Safety Measure, Occupational Health and Safety Administration (OSHA), ADA/ADAG, permits, VA design standards, and instructions required for the performance of the duties in the Statement of Work (SOW).

6. Manage punch list items, including the ordering, delivery, and install of punch list items.

7. The Contractor shall ensure policies and procedures are established that protect the safety and welfare of customers, employees, and the community to minimize or eliminate safety or environmental risks.

8. The Contractor shall be made aware of and must comply with local security policies and procedures in the task order. The Contractor will comply to these standards during all site visits on Governmental property. The contractor shall contact the VA REP at least 14 days prior to work start date to ensure compliance to any local security policies.

9. Provide a local Project Manager to be physically onsite during Installation and managing installation.

10. Provide white glove installation and clean up. Making set up “patient-ready”. All debris and packaging materials shall be removed from site.

11. Complete a final walk with lead installer(s), Interior Design VA REP, and compile a “punch-list.”

Delivery, Assembly, Installation and Storage

1. The contractor shall not be alone in the designated installation space and shall be escorted by a VA employee at all times.

2. Point of Contact (POC) for delivery and installation TBD.

3. Track all orders to ensure timely delivery and communicate issues to VA REP.

4. The contractor shall be contacted by the POC at least two weeks prior to date that services are to begin. Pick-up, delivery and installation services are expected to be performed per future information. The contractor shall coordinate delivery times with the POC to confirm that the building is ready for delivery of boards. Once confirmation is received, the contractor shall provide the POC with a minimum of 72 hours notification as to date and time that the trucks and crews will be arriving.

5. In the event there is a delay in install, the contractor shall notify the Government POC immediately.

6. The installation of the solar shades is not to interfere with the operation of the facility. The contractor shall coordinate the work of the project with the VA REP to ensure minimal disruption of the Medical Center operations.

7. Foreman shall be available to supervise all installation.

8. All products shall be installed by manufacturer certified installers with experience working in healthcare environments.

10. The contractor shall uncrate all items received and perform all required assembly in accordance with the manufacturers’ instructions. All uncrated material shall be removed from VA property by the contractor.

11. If the contractor is unable to complete the assembly and placement of all unloaded items before the end of the workday, the contractor shall be responsible for moving these items to a secure location, until the next available workday. The contractor shall be responsible for delivering the items from to the site on the decided installation day(s). The contractor shall coordinate with the POC as to where any excess items are to be stored, if applicable. The contractor shall be responsible for delivery of excess items to storage area(s) designated by the POC.

12. Post-installation “walk-through” shall be required by manufacturer’s Regional Installation Manager and Senior Account Manager in order to ascertain full compliance to the floor plan, console design, and materials specified. Any inconsistencies will be noted and shall be scheduled for completion prior to sign off of the project.

13. Repair or replace damaged products at the discretion of VA REP.

Product Documentation

1. Vendor shall provide Solar Shade cut sheets, warranty and delivery schedule. Vendor shall provide O&M manual including warranty, care, and manufacturer contact information to VA REP at completion of project.

Protection of Property

1. The contractor shall protect all items from damage. The contractor shall take precautions against damage to the buildings, grounds and furnishings. The contractor shall repair or replace any items related to buildings or grounds damaged accidentally, or on purpose due to actions by the contractor, utilizing materials of the same quality, size, grade and color, to match existing work.

2. The contractor shall perform an inspection of the buildings and grounds with the POC prior to commencing work. To ensure the contractor shall be able to repair or replace any items, components, buildings or grounds damaged due to negligence and/or actions taken by the contractor. The source of all repairs beyond simple surface cleaning shall be the responsibility of the facility construction contractor (or appropriate subcontractor), so that building warranty is maintained. Concurrence of the POC is required before the contractor or anyone other than the facility construction contractor (or its subcontractors) may perform any significant repair work. In all cases, repairs shall utilize materials of the same quality, size, texture, grade and color to match adjacent existing work.

3. The contractor shall be responsible for security of the areas in which the work is being performed prior to completion and transfer to the Government. The contractor shall maintain accountability and control of any keys provided and shall return them to the POC upon completion of the work.

4. Material handling equipment shall have rubber wheels.

5. Assure that adjoining work is not damaged by installation of this work.

6. Provide temporary protection as required and repair all damage to such work.

Clean-up

1. The contractor shall be responsible for the removal and disposal of all trash connected with uncrating and installing the caregiver spaces furniture and other items installed under this contract. Final acceptance from the contractor shall not occur until all trash connected with furniture installation is removed from the site.

2. Recyclable cardboard products shall be disposed of in accordance with applicable statutes, in respective containers.

3. Items must be staged outside of patient rooms and/or not blocking egress within the units.

4. Personal trash (food wrappers, drink containers, etc.,) shall be removed from the site on a daily basis by the contractor.

5. Immediately after installation and adjustment; clean all surfaces to remove all marks, soil, and foreign matter. Just prior to substantial completion, recheck all components and perform all required additional cleaning.

Installer Qualifications

1. Furnish proof of familiarity with equipment to be installed.

2. Provide list of at least three previous projects, giving names of projects, scope, and name and telephone number of individual at facility to contact.

3. Furnish proof of financial and technical resources to assure prompt performance in delivery and installation and in-service training of hospital personnel.

4. Provide competent supervision and installation personnel.

Conformance Standards Contractor shall provide installation service and ensure that the equipment functions in accordance with the equipment manufacturer’s technical performance specifications.

Contractor shall conform to all regulations to include but not be limited to federal, state and local governing any chemicals, equipment or work which may be used or performed in the work under this contract.

Certified Trained Technicians & Key Personnel The installation and testing shall be performed by vendor trained personnel in accordance with the agreement. In addition, each report must, at a minimum, document the following data legibly and in complete detail.

A. Name of contractor and contract number.

B. Name of FSE who performed services.

C. Contractor service ESR number/log number.

D. Date, time (starting and ending), equipment downtime and hours on-site for service call.

E. Identification of equipment to be serviced:

1) Inventory ID number,

2) Manufacturer's name,

3) Device name,

4) Model number,

5) Serial number,

6) Any other manufacturer's identification numbers.

F. Itemized Description of Service Performed (including, if applicable, costs associated with after normal working hour services) including:

1) Labor and Travel,

2) Parts (with part numbers),

3) Materials and Circuit Location of problem/corrective action.

G. Signatures:

1) FSE performing services described

2) Authorized VA Employee who witnessed service described.

NOTE: - Any additional charges claimed must be approved by the COR or designated representative before service is completed!

Reporting Requirements The Contractor shall be required to report to the Police Office to check in. This check- in is mandatory. When the service is completed, the FSE shall document services rendered on a legible ESR(s). The FSE shall be required to check out with Engineering and submit the ESR(s) to the VA REP or designated representative. ALL ESRs shall be submitted to the equipment user for an "acceptance signature" and to the VA REP or designated representative for an "authorization signature". If VA REP or designated representative is unavailable, a signed, authorized copy of the ESR will be left with the user.

Identification, Parking, Smoking & VA Regulations The Contractor's FSE's shall wear visible identification at all times while on the premises of the VAMC. The Contractor shall park in the appropriate designated parking areas. Information on parking is available from the VA Police Section. The VAMC will not invalidate or make reimbursement for parking violations of the Contractor under any conditions. Smoking is prohibited inside any buildings at the VAMC. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court

Security Requirements All contractor personnel shall obtain a short-term identification badge issued by the VA REP or government designated representative. Such badge shall be worn by the individual and prominently displayed at all times while on VA Property. No employee of the contractor shall enter the project site without a valid identification badge issued by the VA. In order to obtain a short-term identification badge, contractor personnel shall present to the VA REP a valid (non-expired) photo identification issued by a US federal, state or local government agency.

Records Management Language for Contracts The following standard items relate to records generated in executing the contract and should be included in a typical Electronic Information Systems (EIS) procurement contract:

1. Citations to pertinent laws, codes and regulations such as 44 U.S.C chapters 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

2. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

3. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records.

4. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

5. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

6. The Government Agency owns the rights to all data/records produced as part of this contract.

Note: The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting

7. PLACE OF PERFORMANCE

The contractor shall coordinate delivery and installation of cubicles at 100 Emancipation Dr, Hampton VA Medical Center Bldg 114 first floor to rooms BG09, BG09B, BG08, BG08B, BG07, BG06, BG05, BG05B, BG13, BG13B, BG14, BG15, BG16, BG16B, BG17, BG17B. Work hours will be between 7 AM and 4:30 PM, Monday – Friday unless otherwise agreed upon. However, delivery dock hours shall be off hours Monday Through Friday after 4:30pm or Saturday after 8am.

8. PERIOD OF PERFORMANCE

The vendor is on notice that time is of the essence in the performance of this contract. The timeframe for delivery receipt shall be no later than 20 weeks following award of contract, with coordination of specific dates mutually agreed upon by Hampton VA Healthcare System, Hampton Campus and the selected contractor. Vendor supplied storage for up to 60 days may be required.

9. PAYMENT SCHEDULE

The contractor shall bill on completion and acceptance of the work. Invoices will be paid upon the completion and acceptance of the procured equipment. Invoices shall include at a minimum, the following information: Contract Number, Purchase Order/Task Order Number, Contractor Name, and Item(s) installed.

Additional Charges There shall be no additional charge for time spent at the site (during, or after the normal hours of coverage) awaiting the arrival of additional FSE and/or delivery of parts.

10. NON-PERSONAL SERVICES STATEMENT

The contractor employees performing services under this order shall be controlled and supervised at all times by management personnel of the contractor. The contractor management shall ensure that employees properly comply with the performance work standards outlined in the SOW. The contractor employees shall perform their duties independent of, and with occasional supervision of VA REP. The tasks, duties, and responsibilities set forth in the SOW may not be interpreted or implemented in any manner that results in any contractor creating or modifying Federal policy, obligating the appropriate funds for the United States Government, overseeing the work of Federal employees, providing direct personal services to any Federal employee, or otherwise violating contracting regulations.

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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/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_252_1 (FAR) and http://www.va.gov/oal/library/vaar/index.asp (VAAR)

(End of Clause)

OCT 2004

C.2 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.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.

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 Director of National Intelligence.

Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information.

Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.

Subsidiary means an entity in which more than 50 percent of the entity is owned directly by a parent corporation or through another subsidiary of a parent corporation.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

Unmanned aircraft means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft (49 U.S.C. 44801(11)).

Unmanned aircraft system means an unmanned aircraft and associated elements (including communication links and the components that control the unmanned aircraft) that are required for the operator to operate safely and efficiently in the national airspace system (49 U.S.C. 44801(12)).

(b) Prohibitions on providing or using specific products or services in performance of contract. Unless a waiver or exception applies, the Contractor is prohibited from providing any products or services to the Government or using in the performance of the contract any of the following:

(1) A covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees (section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328));

(2) A Kaspersky Lab-covered article (Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91));

(3) Covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system (paragraphs (a)(1)(A) of section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232)). This does not prohibit contractors from providing—

(i) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) 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) Prohibition on unmanned aircraft systems manufactured or assembled by American Security Drone Act—covered foreign entities.

(1) Prohibition. The Contractor is prohibited from—

(i) Delivering any FASC-prohibited unmanned aircraft system, which includes unmanned aircraft (i.e., drones) and associated elements (sections 1823 and 1826 of American Security Drone Act of 2023, within the National Defense Authorization Act for Fiscal Year 2024, Pub. L. 118-31, Div. A, Title XVIII, Subtitle B, 41 U.S.C. 3901 note prec.);

(ii) On or after December 22, 2025, operating a FASC-prohibited unmanned aircraft system in the performance of the contract (section 1824 of Pub. L. 118-31); and

(iii) On or after December 22, 2025, using Federal funds to procure or operate a FASC-prohibited unmanned aircraft system (section 1825 of Pub. L. 118-31).

(2) Procedures. The Contractor shall search SAM for the FASC-maintained list of American Security Drone Act—covered foreign entities before proposing, or using in performance of the contract, any unmanned aircraft system. Also, the Contractor shall ensure any effort or expenditure associated with a FASC-prohibited unmanned aircraft system is consistent with a corresponding exemption, exception, or waiver determination expressly stated in the contract.

(3) Exemptions, exceptions, and waivers. The prohibitions in paragraph (c) of this clause do not apply where the agency has determined an exemption, exception, or waiver applies, and the contract indicates that such a determination has been made. See sections 1823 through 1825 and 1832 of Public Law 118-31 for statutory requirements pertaining to exemptions, exceptions, and waivers.

(d) Prohibition on using or providing specific products or services or conducting certain transactions regardless of connection to contract.

(1) Certain telecommunications and video surveillance equipment, systems, or services.

(i) Unless an applicable waiver has been issued by the Government, the Contractor cannot use any equipment, systems, or services 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 (paragraph (a)(1)(B) of section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232)).

(ii) This prohibition applies to using covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. This does not prohibit the contractor from using—

(A) A service that connects to the facilities of a third party, such as backhaul, roaming, or interconnection arrangements; or

(B) 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) Office of Foreign Assets Control Restrictions.

(i) Except as authorized by the Office of Foreign Assets Control (OFAC) in the Department of the Treasury, the Contractor shall not acquire, for use in the performance of this contract, any supplies or services if any proclamation, Executive order, or statute administered by OFAC, or if OFAC’s implementing regulations at 31 CFR chapter V, would prohibit such a transaction…