36C24726Q0223.docx

36C24726Q0223

GENERAL INFORMATION

VISN 7 Network Contracting Office 3 FL Directors Office 3700 Crestwood Parkway Duluth GA 30096

POINT OF CONTACT*

Contract Specialist Sheryl Harris sheryl.harris5@va.gov email only

PLACE OF PERFORMANCE

Ralph H. Johnson VA Medical Center

109 Bee Street

Charleston SC

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

Performance Work Statement

)DESCRIPTION

This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with part 13. This announcement constitutes the only solicitation. Offers are being requested and a separate written solicitation will not be issued.

Solicitation number 36C24726Q0223 is issued as a Request for Quote (RFQ), and repair Canteen Kitchen Equipment and three exhaust hood system for the Canteen Kitchen Equipment Service Contract Project per the provided specifications. This acquisition is set-aside for service-disabled veteran-owned small business (SDVOSB) concerns. The North American Industry Classification System (NAICS) code 811412 is assigned to this requirement with a small business size standard of $19.0 million. The FSC/PSC is J072.

The Department of Veterans Affairs, Ralph H. Johnson VA Medical Center located at 109 Bee Street, Charleston SC 29401. To provide all supervision, labor, equipment, and materials needed to create a preventative maintenance plan, inspect, maintenance, and repair Canteen Kitchen Equipment and three exhaust hood system for the Canteen Kitchen Equipment Service Contract Project per the provided specifications, and this statement of work. The performance work statement, line-item descriptions, quantities, period of performance, applicable terms and conditions, and instructions to offerors are all specified in the attachments. Interested parties are encouraged to review this entire solicitation, including all attachments before responding to this solicitation.

This solicitation incorporates provisions and clauses by reference. The full text of provisions and clauses may be accessed electronically at www.acquisition.gov and www.acquisition.gov/vaar.

Site Visit: Please reach out to Jack Cruz @ jack.cruz@va.gov, or call 360-516-8292 to schedule the time you will meet for the site visit which is scheduled on January 28, 2026, between the hours of 2:00 PM – 3:00 PM ET. Vendors will meet Mr. Cruz in the main lobby of 109 Bee Street, Charleston VA Medical Center Questions regarding this combined synopsis/solicitation must be e-mailed to Sheryl Harris at sheryl.harris5@va.gov no later than 10:00 AM CT, on January 30, 2026.

Deadlines: Quotes must be submitted via e-mail to Sheryl Harris at sheryl.harris5@va.gov, and received no later than 10:00 AM CT, on February 5, 2026.

See attached document: PWS and Terms 36C24726Q0223.

See attached document: Price Cost Schedule Template.

Performance Work Statement Canteen Equipment Service Contract A. Introduction: The purpose of this Performance Work Statement (PWS) is to define the requirements for the Canteen Equipment Service Contract at Ralph H. Johnson VA Medical Center. These components are critical for maintaining proper functionality and ensuring a comfortable environment for patients, staff, and visitors.

B. Scope of Work: The contractor will provide all supervision, labor, equipment, and materials needed to create a preventative maintenance plan, inspect, maintenance, and repair Canteen Kitchen Equipment and three exhaust hood system for the Canteen Kitchen Equipment Service Contract Project per the provided specifications, and this statement of work. Work will consist of service, preventative maintenance and regular maintenance on the following equipment located at Ralph H. Johnson VA Medical Center:

-True Refrigeration Refrigerated Merchandiser Model: GDM – 47, Cabinet Serial Number: 7226821 -True Refrigeration Refrigerated Merchandiser Model: GDM – 47, Cabinet Serial Number: 7174225 -True Refrigeration Refrigerated Merchandiser Model: GDM – 47, Cabinet Serial Number: 7337699 -Oasis Refrigerated Self-Service End Cap Model: FSE45R, Serial no: 2575333HZ399896.

-Keating Miraclean Griddle Model no: 48X30, Serial no: GE36533 -Pitco High out fryer Model no: SFSELV14X, Serial no: E23JB057682 -True Refrigeration Refrigerator Reach-in One-section Model no: TS-23, Cabinet Serial Number: 7965004 -Alto-Shaam Holding Cabinet Mo: 1200-UP, Manufacturer no: 1025209-000.

-Hoshizaki America Ice Machine Model no: KML-451MAH, Serial no: A11085K -Oasis Refrigerated Merchandiser Mo: B8832, Serial no: 1532484 EW350415.

-Broaster, model # BROSTR1800GH, Serial no: SG8C900860.

-Fryer, model no: RE14-SD, Manufacturer: Session fix.

-Griddle, 48X30, Manufacturer: Keating.

-Refrigerator Prep Table, model no: SES157 TSSU-60-12M, Serial -Salad Bar Staff Serve, model no: SQ8CD, Serial no: 12010569004 -Refrigerator Merchandiser, model no: SES107 GDM-47 TRUE, Serial no: 7337699 -Turbo Chief Oven, model no: Tornado -Refrigerator, model no: SES145 TS-13 -Freezer, model no: SES146 TS-23F TRUE -Oven Convection, model no: VC45EC 240V/60/3 PH -Refrigerator, model n0: SES145 TRUE -Range, model no: V6B36C HD RANGE 36”.

-Refrigerator, model no: TS-23 TRUE.

-Oven/COMBI/THERM, model no: CTC10-20E 208-240V -Refrigerator, model no: TS-23 TRUE SES145.

-Grill with Stand, model no: 48 X 30 (Keating) Serial no: 546-f-16 -Canteen Hoods. (3 each).

C. Note: It should be noted that part of the Canteen is still under construction and there is additional equipment that is in storage that will be included in this contract at no additional charge. This contract also includes inspection, cleaning and certification of the two hoods in the VCS. One hood is located near the griddle and one hood that will be in the area that is currently under construction. The hoods cleaning shall be a monthly requirement. Cleaning will include the entire hood, ductwork up to ceiling vent fan.

D. The contractor shall develop and implement a preventive maintenance (PM) program, including periodic component calibrations, performed during normal hospital working hours acceptable to the Contracting Officer Representative (COR) or designee. All equipment shall be maintained in accordance with the manufacturer's recommendations, the best practices of the industry, and applicable codes, standards, and regulations. If a conflict arises between these standards, the most stringent will prevail. The PM program must be acceptable to the COR or designee prior to the commencement of the contract period.

E. REPORT OF SERVICES/DOCUMENTATION:

Upon completion of any maintenance and/or repair services, the contractor shall report to the COR or designee and provide a written report detailing services performed and obtain an acceptable signature.

F. ITEMS TO BE SUPPLIED BY THE CONTRACTOR:

Parts installed shall be new and genuine parts supplied by, or certified by the Contractor as equivalent to, the original equipment manufacturer, or its successor prior to the installation of the part. The Contractor shall maintain a stock of applicable replacement parts to reduce to a minimum the interruption of EMS controlled equipment.

Contractor shall be the installer of all new or existing parts. When replacing existing parts or installing new parts, the Contractor shall install energy-efficient parts to the maximum extent possible.

G. OTHER SPECIFIC SCOPE ITEMS:

If repairs require work outside the scope of the maintenance contract. The contractor shall notify the COR or designee for directions. The contractor shall not perform chargeable work until authorized by the COR or designee.

The contractor shall submit a complete list of all equipment incorporated under the contract to the COR or designee.

The contractor shall submit copies of vendor manuals and/or other equipment manufacturer information for all EMS related components to the COR or designee.

Contractors shall provide schematics, sequence of operations, and/or any other drawings/diagrams utilized in the energy management system to the COR or designee.

Contractor shall incorporate and provide a list of standardized control acronyms utilized in the energy management system to the COR or designee.

H. FAILURE TO PERFORM

Should any of the services not conform to contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, with no increase in contract amount. Should the work remain deficient, the COR may have the work accomplished by other means and deduct the cost thereof from the monthly payment. When the defects in services cannot be corrected by re-performance, the Government may:

Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and reduce the contract price to reflect the reduced value of the services performed.

If the Contractor fails to promptly perform the services in conformity with the contract requirements or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may:

By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or Terminate the contract for cause.

I. SERVICE CALLS

The contractor shall provide the information requested below as to where service calls are to be placed.

Name:

Address:

City, State, Zip Code:

Toll Free Telephone Number:

Local Telephone Number HQ:

Facsimile Number HQ:

E-mail Address:

Primary Service Representative:

The Contractor shall respond promptly within one (1) hour. Service calls are responses and subsequent repairs, or adjustments of systems or problems reported to the Contractor. If the service call cannot be resolved within one (1) hour, the Contractor shall immediately notify the COR or designee of the problem, and the time and date corrective action shall be completed.

The Contractor shall maintain a service call log or record which shall be always available for inspection by the VA. As a minimum, the call log or record shall contain the information specified herein.

Name of Caller.

Description of the problem; location where the problem exists.

Time and date the call was received.

Description of the action taken to resolve the problem and the time and date corrective action was taken.

The Contractor shall provide a year-end compiled service call log/record to the COR or designee encompassing all prior events in that calendar year.

J. EMERGENCY CALL-BACK SERVICE

Emergency call-back service consists of promptly responding to requests for emergency service 24 hours per day, 7 days per week. The contractor shall report to the site of the emergency within 1 hour of the notification and shall remain on the job until the emergency has been resolved.

If the situation cannot be resolved immediately, the Contractor shall promptly notify the COR or designee of the time and date corrective action shall be taken. Requests for service may be made by the COR or designee by telephone or other means.

For service other than what is an emergency, outside the normal working hours of 7:00 a.m. to 3:00 p.m. Monday through Friday, the contractor shall report to the site within two (2) hours after the time of notification.

K. WORK SCHEDULING AND REPORTING ACCOMPLISHMENTS

The Contractor shall instruct his/her personnel that any time they perform work under this contract they shall comply with the following procedures:

Contact the COR or his/her designated representative when first arriving at the building. If the work is of a continuing nature, a check-in visit is required each day.

L. All scheduled work that requires a system to be taken out of service shall be coordinated with the COR or designee and the contractor shall report to the COR or designee the status.

At the completion of the work, the Contractor's employees shall submit to the COR or the designated representative a copy of a work order, repair order or a form which shall furnish the following information:

Name and address of the Contractor.

Name of Contractor's employee in charge of the work Date(s) work performed, and hours expended.

Brief description of work performed including equipment identification.

Signature of Contractor's employee and signature block for the COR or the designated representative.

M. CHANGES TO PERFORMANCE WORK STATEMENT

Any changes to this PWS shall be authorized and approved only through written correspondence from the CO. A copy of each change will be kept in a project folder along with all other products of the project. Costs incurred by the contractor through the actions of parties other than the CO shall be borne by the contractor.

N. REPORTING REQUIREMENTS

The Contractor shall provide proof of Daikin factory trained technicians that will be assigned to work on this project. The Contractor shall obtain all necessary licenses and/or permits required to perform the work. In addition, the Contractor shall provide the COR with a copy of any licenses and/or permits obtained.

O. TRAVEL

All work is to be conducted at the Ralph H. Johnson VAMC located at 109 Bee Street, Charleston, South Carolina. The contractor is responsible for any anticipated travel and per diem.

P. GOVERNMENT RESPONSIBILITIES

The VA shall grant the Contractor and its Subcontractor permission to all areas of the Ralph H. Johnson VA Medical Center that are required.

Q. CONFIDENTIALITY AND NONDISCLOSURE

It is agreed that:

The preliminary and final deliverables, and all associated working papers, application source code, and other material deemed relevant by VA which have been generated by the contractor in the performance of this task order, are the exclusive property of the U.S. Government and shall be submitted to the CO at the conclusion of the task order.

The CO will be the sole authorized official to release, verbally or in writing, any data, draft deliverables, final deliverables, or any other written or printed materials pertaining to this task order. No information shall be released by the contractor. Any request for information relating to this task order, presented to the contractor, shall be submitted to the CO in response.

Press releases, marketing material, or any other printed or electronic documentation related to this project, shall not be publicized without the written approval of the CO.

Preventative and corrective maintenance of the Canteen equipment. It is the Contractors responsibility to take full inventory to determine extent of all Canteen equipment and cover the preventative and corrective maintenance needs of this equipment including the following: Vendor to provide, On-call services from a qualified technician to include after Hourly Rate for a qualified service technician for maintenance as required, the technician will perform the repair.

Hourly Rate for Emergency Repair services Contingency for parts required to make the repairs.

Parts are not pre-priced but operationally necessary for the Equipment to function at 100%. The technician will provide a report to the COR or Designee showing what parts are required and their price.

Detailed report on Preventative Maintenance performed within 24 hours to the COR or Designee.

R. The impact of this work shall be minimized and mitigated in a way that limits disruption to the functioning of the RHJ VAMC.

S. Scheduling and coordination with the RHJ VAMC will be critical and must be approved by the Contracting Officer’s Representative (COR) prior to work.

T. General Requirements Employees of the contractor and sub-contractors shall always conduct themselves in a professional manner while on medical center property. The contractor shall ensure all personnel working on this contract are aware of RHJ VAMC policies pertaining to employee behavior and conduct.

Physical or verbal misconduct may be grounds for removing employees from Medical Center property, or grounds for arrest by the Veteran Affairs (VA) Police. Employees may be banned from RHJ VAMC property because of inappropriate or illegal behavior. The contractor shall not be entitled to any compensation from the Government for any costs resulting from employee misconduct (including, but not limited to, delays in contract completion) and may be held liable for costs incurred by the Government because of employee misconduct.

Smoking and vaping are strictly prohibited on the entire VAMC campus.

It is the contractor’s responsibility to properly assess the working conditions and include in the bid any specialty equipment, training, additional time, personnel, or safety equipment to perform the work safely and in compliance with all applicable RHJ VAMC, local, state, and federal regulations.

U. All work shall be performed in accordance with VA standards, manufacturer recommendations, and applicable local, state, and federal regulations.

V. Task Requirements

a. Check in with COR or designee

b. Lockout-tagout unit as needed.

c. Perform preventative or corrective maintenance on the equipment associated with the contract or service order was placed for.

W. Site Cleanup and Documentation

i. Remove all debris and restore work areas to their original condition.

ii. Provide a detailed report of completed work, including before-and-after photos, test results, and any recommendations for ongoing maintenance.

X. Safety and Compliance

a. The contractor shall adhere to VA safety policies and OSHA regulations.

b. Personal protective equipment (PPE) shall be always used during work activities.

c. The contractor shall coordinate with VA personnel to minimize disruption to hospital operations.

Y. Period of Performance

a. The contractor shall complete all work within 350 days from the start date, as agreed upon with the VA contracting officer.

Z. Normal working hours are 0700 – 1700 Monday to Friday, except for federal holidays. All work during normal hours shall be completed at the end of that working day. Some work may need to take place during after-hours (1700 – 0700) or during weekends. The contractor shall provide a detailed schedule to meet the requirements. All schedules and work hours shall be requested, coordinated, and approved through the COR.

AA. Deliverables

a. Complete preventative and corrective maintenance of all associated equipment with this PWS.

b. Ensure work area is cleaned

c. Provide a service report to the COR and or designee.

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice

Combined Synopsis/Solicitation Notice

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

36C24726Q0223 01-15-2026 Sheryl Harris email only 02-05-2026 10:00 am

CST

Department of Veterans Affairs VISN 7 Network Contracting Office 3 FL Directors Office 3700 Crestwood Parkway Duluth GA 30096 X X 811412 $19 Million N/A X

Department of Veterans Affairs VISN 7 Network Contracting Office 3 FL Directors Office 3700 Crestwood Parkway Duluth GA 30096

Austin Payment Center Department of Veteran Affairs PO Box 149971 Austin TX 78714-8971

(877) 353-9791

(512) 460-5545 See CONTINUATION Page Please reference the Price Cost Schedule to include the

PWS

Period of Performance Base Year: April 1, 2026 - March 31, 2027 Option Year 1: April 1, 2027 - March 31, 2028 Option Year 2: April 1, 2028 - March 31, 2029 Option Year 3: April 1, 2029- March 31, 2030 Option Year 4: April 1, 2030 - March 31, 2031 Please submit capability statement along with the solicitation to include all fill ins and signatures See CONTINUATION Page x X Sheryl Harris Contract Specialist Page 1 of Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C247 Department of Veterans Affairs VISN 7 Network Contracting Office 3 FL Directors Office 3700 Crestwood Parkway Duluth GA 30096

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.

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

B.2 PRICE/COST SCHEDULE ITEM INFORMATION

The contractor will provide all supervision, labor, equipment, and materials needed to create a preventative maintenance plan, inspect, maintenance, and repair Canteen Kitchen Equipment for the Canteen Kitchen Equipment Service Contract. Base plus 4 years Contract Period: Base POP Begin: 04-01-2026 POP End: 03-31-2027

The contractor will provide all supervision, labor, equipment, and materials needed to create a preventative maintenance plan, inspect, maintenance, and repair Canteen Kitchen Equipment for the Canteen Kitchen Equipment Service Contract. Base plus 4 years Contract Period: Option 1 POP Begin: 04-01-2027 POP End: 03-31-2028

The contractor will provide all supervision, labor, equipment, and materials needed to create a preventative maintenance plan, inspect, maintenance, and repair Canteen Kitchen Equipment for the Canteen Kitchen Equipment Service Contract. Base plus 4 years Contract Period: Option 2 POP Begin: 04-01-2028 POP End: 03-31-2029

The contractor will provide all supervision, labor, equipment, and materials needed to create a preventative maintenance plan, inspect, maintenance, and repair Canteen Kitchen Equipment for the Canteen Kitchen Equipment Service Contract. Base plus 4 years Contract Period: Option 3 POP Begin: 04-01-2029 POP End: 03-31-2030

The contractor will provide all supervision, labor, equipment, and materials needed to create a preventative maintenance plan, inspect, maintenance, and repair Canteen Kitchen Equipment for the Canteen Kitchen Equipment Service Contract. Base plus 4 years Contract Period: Option 4 POP Begin: 04-01-2030 POP End: 03-31-2031

B.3 DELIVERY SCHEDULE

RALPH H. JOHMSON VA MEDICAL CENTER

109 BEE STREET

CHARLESTON, SC 29401

USA

843-577-5011ext 207707 jack.cruz@va.gov

SECTION C - CONTRACT CLAUSES

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

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

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

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

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

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

(End of Clause)

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

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

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

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

(End of Clause)

C.4 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…