36C24626Q0940_1.docx
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- Attached to
- J045--OPACITY SYSTEM REPLACEMENT Federal contract opportunity
- Solicitation number
- 36C24626Q0940
About this file
This is a Request for Proposals (RFP) for an Opacity System Replacement at the Asheville VA Medical Center, issued by the Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 6. The solicitation number is 36C24626Q0940, and the government is seeking qualified contractors to replace the existing opacity monitoring system at the facility. The opacity system is critical environmental monitoring equipment used to measure and record air emissions compliance. Contractors must provide a complete system replacement including equipment procurement, installation, testing, and commissioning services to ensure the new system meets all applicable EPA and state environmental regulations.
The solicitation establishes specific requirements for system performance, accuracy standards, data management capabilities, and ongoing support services. Prospective vendors should review all technical specifications, performance standards, and compliance requirements outlined in the statement of work. Interested parties must submit proposals by the specified deadline with pricing, technical approach, qualifications, and past performance documentation. Award will be made to the responsible contractor whose proposal offers the best value to the government considering both technical merit and pricing factors. Contractors should verify all applicable set-asides, small business requirements, and any special contracting considerations that may apply to this VA procurement.
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36C24626Q0940
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
36C24626Q0940 08-14-2026 Emily Donahue 757-315-3983 08-21-2026
12PM
EDT
Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton
VA
23667 X X 238220 $19 Million N/A X Asheville VA Medical Center 1100 Tunnel Road Asheville
NC
28805 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 Opacity System Replacement for the Asheville VA Medical Center located in Asheville, NC.
See CONTINUATION Page Emily Donahue Table of Contents
| SECTION A | 1 |
| A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES | 1 |
| SECTION B - CONTINUATION OF SF 1449 BLOCKS | 3 |
| B.1 CONTRACT ADMINISTRATION DATA | 3 |
| B.2 PRICE/COST SCHEDULE | 4 |
| ITEM INFORMATION | 4 |
| B.3 STATEMENT OF WORK | 4 |
| B.4 SPECIAL CONTRACT REQUIREMENTS | 12 |
| SECTION C - CONTRACT CLAUSES | 17 |
| C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 17 |
| C.2 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014) | 18 |
| C.3 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS (DEVIATION APR 2026) | 18 |
| C.4 52.223-23 SUSTAINABLE PRODUCTS (NOV 2025) (DEVIATION) | 19 |
| C.5 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025) (DEVIATION) | 20 |
| C.6 VAAR 852.204-72 PERSONNEL VETTING AND CREDENTIALING (DEVIATION) (MAR 2026) | 29 |
| C.7 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION) | 33 |
| C.8 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION) | 36 |
| SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS | 38 |
| D.1 WAGE DETERMINATION | 38 |
| D.2 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP) | 39 |
| SECTION E - SOLICITATION PROVISIONS | 49 |
| E.1 INSTRUCTIONS TO QUOTERS | 49 |
| E.2 BASIS FOR AWARD | 51 |
| E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 52 |
| E.4 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION) | 52 |
| E.5 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND CERTIFICATIONS (NOV 2025) (DEVIATION) | 52 |
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 Emily Donahue
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:
| [X] |
| 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or |
| [] |
| 52.232-36, Payment by Third Party |
3. INVOICES: Invoices shall be submitted in arrears:
| a. Quarterly | [] |
| b. Semi-Annually | [] |
| c. Other | [X] Monthly 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:
| AMENDMENT NO |
| DATE |
B.2 PRICE/COST SCHEDULE
ITEM INFORMATION
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1.00 |
| JB |
| __________________ |
| __________________ |
Replacement of Two Durag D-R 290 Opacity Units Gen 2. To include removal of existing systems and installation and verification of two new Durag D-R 290 Opacity systems. Includes a StackVision Data Acquisition System (DAS).
Contract Period: Base POP Begin: 09-14-2026 POP End: 03-13-2027 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: J045 - Maintenance, Repair, and Rebuilding of Equipment - Plumbing, Heating, and Waste Disposal Equipment
| GRAND TOTAL |
| __________________ |
B.3 STATEMENT OF WORK
General. The Contractor will provide all transportation, material hardware and parts, tools, specialized equipment, labor, supervision and technical expertise to replace the Opacity System at the Charles George VA Medical Center, Asheville, NC. Those services include removal of old opacity system and replace with new Boiler No 1 and Boiler No 2 Opacity Systems.
The current system(s) are no longer supported by the manufacturer and have been manufacturer discontinued. These systems are required to remain compliant with the EPA PS-1 regulations. Performance Specification 1 (PS-1) provides (1) requirements for the design, performance, and installation of a continuous opacity monitoring system (COMS) and (2) data computation procedures for evaluating the acceptability of a COMS. The replacement also requires and includes integration services for the continuous opacity monitoring system (COMS) and data acquisition system (DAS). The stack side housings, blower motors and filter assemblies will also be replaced.
Coordination. Facility Management Services will serve as the focal point and Contracting Office Representative (COR) for this contract and can be reached at 828-298-7911 Ext. 5306.
(2.1) The Contractor must pre –coordinate work and if needed, associated outages with the COR. This work will be accomplished during regular work hours. The contractor will respond to Building 47, Room BD003 (Boiler Room) Basement floor on the prescheduled date/time, and contact the COR. Contact must be made with the COR prior to accomplishing the start of any work.
(2.2) The COR will be immediately notified whenever the work related to installation of the Gold Medal Safety Padding or related activities interfere with normal VAMC operations.
(1) Specific Requirements. The Contractors work shall include:
New Boiler No 1 and Boiler No 2 Opacity Systems.
The current system(s) are no longer supported by the manufacturer and have been manufacturer discontinued. These systems are required to remain compliant with the EPA PS-1 regulations. Performance Specification 1 (PS-1) provides (1) requirements for the design, performance, and installation of a continuous opacity monitoring system (COMS) and (2) data computation procedures for evaluating the acceptability of a COMS. The replacement also requires and includes integration services for the continuous opacity monitoring system (COMS) and data acquisition system (DAS). This statement of work defines the products and services required to replace Boiler No. 1 and Boiler No. 2. opacity systems. The stack side housings, blower motors and filter assemblies will also be replaced.
SERVICES INCLUDE:
Two Durag D-R 290 Opacity Units Gen 2. To include removal of existing systems and installation and verification of two new Durag D-R 290 Opacity systems. Includes a StackVision Data Acquisition System (DAS). To include removal of existing system, installation and verification of the new StackVision DAS system Contractor will coordinate the integration with Charles George Asheville VAMC,. Contractor will provide (2) field service technicians to complete the following scope of work:
• Startup and Check Out for two (2) Durag D-R 290 Opacity Monitors
• Includes "Clear Stack" Calibration and Audit Filter Tests
• Install 8864 Compact Controller in place of existing PLC
• Two (2) Mobilizations and six (6) man days total
1.5 Documentation
One (1) electronic copy of the operations manual for Charles George Asheville VAMC’s equipment will be provided. The O&M manual will include, at a minimum, the following:
• All Equipment Manuals Contractor Responsibilities
• Procure the equipment listed in Scope of Work.
• Removal of existing monitor (if required) and installation of new monitor
• Install the equipment at COMS instrument onsite.
• Terminate all communication signal wires and sample tubing at instrument cabinet.
• Conduct the initial system start-up, Filter Audit and Response Time Test.
• Ensure system components are operating and functioning properly.
• Procure the equipment listed in Scope of Work.
OPACITY MONITORS
• Two (2): Durag D-R 290 Opacity Units Gen 2 with the following:
• Replacement for existing Gen 1 units
• One (1): D-ESI 100 Software Set including Single User License According to EULA, USB Memory Stick with Program Files, and USB Cable (3m long) **Only One Software set is needed per site per EULA Each D-R 290 consists of:
• One (1): D-R 290 G2 Transceiver (-40°C-60°C) (150 mm Purge Flange) • One (1): Reflector 1 for path lengths from 1.0-2.25m (-40°C-60°C) • One (1): Weather Protective Cover for Transceiver • One (1): Weather Protective Cover for Reflector • One (1): Steel Blower Enclosure 30"x30"x12" for Transceiver with Filter Assembly (accepts 100M)
• One (1): D-ISC 100M Modular Controller (1 AO, 2 DO) (-20°C-50°C) • One (1): Sensor Connection Cable (from Transceiver to D-ISC 100), 6m • One (1): D-ISC Digital Input Module (8 DI) • One (1): D-ISC Digital Output Module (8 DO) • One (1): D-ISC Modbus RTU (required for D-ISC to D-ISC communication) • One (1): D-ISC Modbus TCP
• One (1): Regenerative Blower - 1 Hp, 115/230 VAC, Drilled and Tapped • One (1): New Blower Air Filter Housing with Filter and Bracket
• Two. (2): Air Purge Kit (Vacuum/Pressure Switches, Purge Air Sensor Cable 3m)
• One (1): 20 ft. Purge Air Hose, 2" Diameter
• One (1): Y-Joint 1x2"-2X2"
• Two (2): Hose Clamp (clamping range 1.5"-2.5")
• One (1): ea. Packing/Handling/Crating
• One (1): Set of Manuals for D-R 290, D-ISC 100 & D-ESI 100
• Kit for reusing existing adaptor flanges (good for both systems)
• Includes engineering review and drawing updates.
Data Acquisition System Deliver a Data Acquisition System (DAS) for the subject plant/server per the DAS Implementation Project Standard Scope of Work (attached) and the requirements and clarifications shown herein.
• Applicable regulations: 40 CFR 60
• Number of reporting units: 2
• Number of monitoring locations: 2
• Alliance will provide StackVision Professional Edition software for installation on Alliance supplied server meeting Alliance requirements.
• Alliance will configure StackVision software to meet above requirements using standard approaches.
• Factory Acceptance Testing (FAT): 1 day at an Alliance facility
• Onsite Startup Assistance: 1 trip to site, 2 total days onsite
• Online Instructor-led StackVision Training: 8 hours
• One (1): Model 8864 Compact Data Controller
• One (1): PowerEdge R360 Silver StackVision Server (Tower)
• I/O and Ethernet Modules for Compact 8864 Data Controller:
o 8-port unmanaged ethernet switch DIN mount o 2 MOXA I/O card 8 analog inputs (One Per Stack) o 2 MOXA I/O card 16 digital inputs (One Per Stack) o Engineering and drawing updates
• Current CEMDAS Support Agreement to change to StackVision Sentry SMA upon renewal.
· All supervision, safety, and clean-up of workspace.
· NOTE: Work is being completed in a hospital environment. The Contractor must take all precautions to ensure all tools and materials are under continuous observation and accountability. At no time, will tools be left unattended or unsecured.
· When complete, notify the COR to inspect and accept all accomplished work.
· Provide the COR all documentation and warranty information concerning installed components/equipment and work accomplished.
· Ensure all invoicing documents are submitted in-accordance with the instructions provided in the formal contract.
(4) Other Station Rules and Guidelines. The Contractor will adhere to the following station rules.
4.1. All work will be accomplished to industry standards and compliant with all current CODE requirements (Life Safety, NFPA, Electrical and Building). All Dept. of Veteran Affairs, Federal, and State regulations and codes will be complied with.
4.2. This is a hospital environment. The Contractor and his personnel are expected to be appropriately dressed (preferably uniformed) and to conduct themselves professionally.
4.3. This is a federal facility as well as a medical center. As such, there is NO tobacco or E-Cig usage allowed inside any federal building or on grounds. Failure to follow these regulations can result in removal of the worker or Contractor from the facility and/or a US Magistrate’s ticket and fine.
4.4. Parking will be in designated lots. Consult with the VA Police Office, Bldg 47 Room DB06 for allowable parking and material drop-off, parking permit and parking instructions. A parking permit must be displayed in the windshield while conducting business at the Medical Center. Violators may be cited and/or towed.
4.5. Any work requiring a shutdown or utility outage will be requested in advance and scheduled by the COR prior to the work being accomplished.
4.6. The Contractor will coordinate his activities with the COR to identify any smoke or fire barriers that must be penetrated or disrupted as a result of this contract and will restore the fire barrier to its rating through the use of fire stopping. The Contractor and his personnel will be trained and certified to use and apply fire stopping prior to its application and at the Contractor’s expense.
4.7. The Contractor will responsible for ensuring that all the employees and other personnel visiting the work site have and are using the appropriate Personal Protective Equipment (PPE) that addresses the particular hazards found at the site. The Contractor will be responsible for the upkeep, issue, and training for the PPE used and maintaining all required documentation.
4.8. Since the incidents of September 11, 2001, the Federal Government has begun to implement new security measures to help protect federal facilities. The Contractor will provide to the COR a list of employees expected to work on this contract. This list will be on company letterhead and be verified and signed by a corporate officer. Identification Badges will be picked up from Work Order Desk Room EB22 in Basement of Building 47.
4.9. Compliance Awareness Training shall be completed by vendor prior to access to Charles George VAMC. Vendor has responsibility for “Duty to Report” any fraud, waste and abuse witnessed while on VA premises to the Compliance Officer.
4.10. Prior to commencing work, general contractor shall provide proof that an OSHA designated “competent person” (CP) (29 CFR 1926.20(b)(2) will maintain a presence at the work site whenever the general or subcontractors are present”.
4.11. All employees of the general contractor or subcontractors shall have the 10-hour or 30-hour OSHA Construction Safety course and other relevant competency training, as determined by RE/COR acting as Construction Safety Officer with input from the facilities Construction Safety Committee.
Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.
2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C.
NARA chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.
3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.
4. WNCVAHCS and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of WNCVAHCS or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701.In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to WNCVAHCS. The agency must report promptly to NARA in accordance with 36 CFR 1230.
5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the contract. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to WNCVAHCS control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the contract. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).
6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship ( in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and WNCVAHCS guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.
7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with WNCVAHCS policy.
8. The Contractor shall not create or maintain any records containing any non-public WNCVAHCS information that are not specifically tied to or authorized by the contract.
9. The 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 from public disclosure by an exemption to the Freedom of Information Act.
10. The WNCVAHCS owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which WNCVAHCS shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.
11. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VHA-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.
B.4 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:
1. New Year’s Day
2. Martin Luther King’s Day
3. President’s Day
4. Memorial Day
5. Juneteenth
6. Independence Day
7. Labor Day
8. Columbus Day
9. Veterans Day
10. Thanksgiving
11. Christmas
Work outside these hours must be prescheduled and approved by the COR.
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.
The Contractor shall invoice in arrears. Submit invoices electronically through the Invoice Payment Processing System. https://fso.va.gov/einvoice.asp
Invoices shall include at a minimum:
· Date of invoice
· Contract Number
· Purchase Order Number
· Vendor Name
· Invoice Number
· CLIN & Date of service
C. CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM
(CPARS).
(a) FAR 42.1502 direct all Federal agencies to collect past performance information on contracts.
The Department of Veterans Affairs has implemented use of the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15
(b) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.
(c) Please furnish the Contracting Officer with the name, position title, phone number, and email address for each person designated to have access to your firm’s past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official. The report information must be protected as source selection sensitive information not releasable to the public.
(d) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically-generated email with detailed login instructions. Further details, system requirements, and training information for CPARS are available at www.cpars.gov.
The CPARS User Manual, registration for online training for Contractor Representatives may be found at this site.
(e) Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation and the report will be accessible at www.cpars.gov Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official’s narrative and should provide your views on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives, blocks 1-17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection evaluations. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating, “No Comment” in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 30 days, it will automatically be returned to the Government and will be annotated: “The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment.” Your response is due within 30 calendar days after receipt of the CPAR.
(f) The following guidelines apply concerning your use of the past performance evaluation:
(1) Protect the evaluation as “source selection information.” After review, transit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the Contracting Officer for instructions.
(2) Strictly control access to the evaluation within your organization. Ensure the evaluation
(3) Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determination, production readiness reviews, or other similar purposes.
(g) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 30-day review period.
(h) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been completed.
is never released to persons or entities outside of your control.
D. QUALITY CONTROL
The Contractor shall develop a Quality Assurance Plan (QAP) which will provide the Contractor’s strategy for monitoring performance internally, providing performance information to the Government, and reporting in compliance with the PWS. Within the QAP, the Contractor shall propose and maintain an established reporting system to promptly notify VA of any problems, issues, risks, or concerns with workflow performance, programmatic improvement, security, and schedule adherence. Quality control is the exclusive responsibility of the Contractor.
The final plan shall be submitted to the CO and COR within 30 days of contract award.
E. QUALITY ASSURANCE SURVEILLANCE PLAN
The Government intends to utilize a Quality Assurance Surveillance Plan (QASP) to monitor the quality of the contractor’s performance. The oversight provided for in the order and in the QASP will help to ensure that service levels reach and maintain the required levels throughout the contract term. Further, the QASP provides the COR with a proactive way to avoid unacceptable or deficient performance and provides verifiable input for the required Past Performance Information Assessments. The QASP will be finalized immediately following award. The QASP is a living document and may be updated by the Government as necessary.
F. BACKGROUND INVESTIGATIONS
A full background check is not required for this position; however all contract employees must bring photo identification and advance notice from the requiring service to obtain a VA Badge in order to work on a VA Facility.
Upon award, the CO shall provide the contractor with detailed instructions on fulfilling security requirements
G. CONTRACT ADMINISTRATION
Notwithstanding the Contractor's responsibility for total management during the performance of this contract, the administration of the contract will require maximum coordination between the Government and the Contractor.
The Contracting Officer is the only person authorized to approve changes or modify any of the requirements of this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitments or issue changes that shall affect price, quantity or quality of performance of this contract.
The COR shall be responsible for the overall technical administration of this contract as outlined in the COR Delegation of Authority.
IN THE EVENT THE CONTRACTOR EFFECTS ANY SUCH CHANGE AT THE DIRECTION OF
ANY PERSON OTHER THAN THE CONTRACTING OFFICER WITHOUT AUTHORITY, NO ADJUSTMENT SHALL BE MADE IN THE CONTRACT PRICE TO COVER AN INCREASE IN COSTS INCURRED AS A RESULT THEREOF
POINTS OF CONTACT
Contracting Officer Emily Donahue Department of Veterans Affairs Network Contracting Office (NCO) 6 100 Emancipation Drive, Bldg. 27 Hampton, Virginia 23667 Emily.Donahue@va.gov
Asheville VAMC Point of Contact 36C24626Q0940
TBD
Page 1 of Page 1 of
SECTION C - CONTRACT CLAUSES
| FAR Number |
| Title |
| Date |
| 52.212-4 |
| CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION) |
| OCT 2025 |
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 https://www.va.gov/oal/library/vaar/
(End of Clause)
| FAR Number |
| Title |
| Date |
| 52.203-17 |
| CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS |
| NOV 2023 |
| 52.203-19 |
| PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS |
| JAN 2017 |
| 52.204-9 |
| PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL |
| JAN 2011 |
| 52.204-13 |
| SYSTEM FOR AWARD MANAGEMENT—MAINTENANCE (DEVIATION) |
| NOV 2025 |
| 52.209-6 |
| PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, PROPOSED FOR DEBARMENT, OR VOLUNTARILY EXCLUDED |
| JAN 2025 |
| 52.209-10 |
| PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS |
| NOV 2015 |
| 52.222-3 |
| CONVICT LABOR (DEVIATION) |
| NOV 2025 |
| 52.222-36 |
| EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (DEVIATION) |
| NOV 2025 |
| 52.222-41 |
| SERVICE CONTRACT LABOR STANDARDS (DEVIATION) |
| NOV 2025 |
| 52.222-50 |
| COMBATING TRAFFICKING IN PERSONS (DEVIATION) |
| NOV 2025 |
| 52.222-54 |
| EMPLOYMENT ELIGIBILITY VERIFICATION (DEVIATION) |
| NOV 2025 |
| 52.222-55 |
| MINIMUM WAGES FOR CONTRACTOR WORKERS UNDER EXECUTIVE ORDER 14026 (DEVIATION) |
| NOV 2025 |
| 52.222-62 |
| PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (DEVIATION) |
| NOV 2025 |
| 52.226-8 |
| ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING |
| MAY 2024 |
| 52.229-12 |
| TAX ON CERTAIN FOREIGN PROCUREMENTS |
| FEB 2021 |
| 52.232-33 |
| PAYMENT BY ELECTRONIC FUNDS TRANSFER—SYSTEM FOR AWARD MANAGEMENT |
| OCT 2018 |
| 52.232-40 |
| PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS |
| MAR 2023 |
| 52.233-3 |
| PROTEST AFTER AWARD |
| AUG 1996 |
| 52.233-4 |
| APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM |
| OCT 2004 |
| 52.244-6 |
| SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION) |
| APR 2026 |
| 852.203-70 |
| COMMERCIAL ADVERTISING |
| MAY 2018 |
| 852.204-70 |
| PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (DEVIATION) |
| MAR 2026 |
| 852.232-72 |
| ELECTRONIC SUBMISSION OF PAYMENT REQUESTS |
| NOV 2018 |
| 852.242-71 |
| ADMINISTRATIVE CONTRACTING OFFICER |
| OCT 2020 |
C.2 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
| Employee Class |
| Monetary Wage-Fringe Benefits |
(End of Clause) C.3 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.4 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.5 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…
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