36C24726Q0633.pdf
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- Solicitation number
- 36C24726Q0633
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Solicitation Summary: Commercial Products and Services
This is a Solicitation/Contract/Order for Commercial Products and Services (Standard Form 1449) issued by the Department of Veterans Affairs, Carl Vinson VA Medical Center, for the procurement of food service serving line worktables at the Ralph H. Johnson VA Health Care System Charleston VA Medical Center. The solicitation number is 36C24726Q0633, with a solicitation issue date of June 23, 2026, and an offer due date of June 30, 2026 at 1:00 p.m. EDT. The contract is a 100% set-aside for Service-Disabled Veteran-Owned Small Businesses (SDVOSB) and will be awarded as a firm-fixed-price contract. The NAICS code is 332215 (Stainless Steel Plate, Sheet, and Strip Manufacturing) with a size standard of 1,000 employees.
The requirement entails procuring three custom commercial-grade stainless steel worktables for installation in tandem as a serving line arrangement, including delivery, installation, removal of existing equipment, and site cleanup. Contractor must submit scaled drawings, furniture schedules with 2D/3D images, bill of materials, product literature, warranty information, and a self-certifying statement of ability to meet deadlines in Volume 1 (technical), and a separate price quote with labor/installation costs in Volume 2 (pricing). Physical finish samples are required post-award. Work must be completed within ten business days of project onset, which shall begin within ten business days of contract award. The contractor must meet at the site within ten business days of award for a site meeting. Invoices are due upon receipt, acceptance, inspection, and final installation. The contracting officer is James E. Boles Jr. at the Carl Vinson VA Medical Center, Dublin GA 31021 (478-277-2832), with delivery to Suzette Poletti at Ralph H. Johnson VA Health Care System Charleston VA Medical Center, 109 Bee Street, Charleston SC 29401. Technical and past performance evaluation factors are weighted equal to price in the source selection process.
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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
534-26-4-4022-0015
36C24726Q0633 06-23-2026
James E. Boles Jr. 478.277.2832 06-30-2026
1300 EDT
Department of Veterans Affairs
Carl Vinson VA Medical Center
1826 Veterans Blvd.
Dublin GA 31021
X 100
X
332215
1000 Employees
N/A
X
RALPH H. JOHNSON VA HEALTH CARE SYSTEM
CHARLESTON VA MEDICAL CENTER
ATTN: SUZETTE POLETTI, INTERIOR DESIGN
109 BEE STREET / RM C101 1ST FLOOR
CHARLESTON SC 29401
1826 Veterans Blvd.
Dublin GA 31021
FMS-VA-2(101)
Financial Services Center
PO Box 149971
Austin TX 78714-9971
See CONTINUATION Page
THE RALPH H. JOHNSON VA HEALTH CARE SYSTEM HAS A REQUIREMENT
TO PROCURE, DELIVE, AND INSTALL FOOD SERVICE SERVING LINE
WORKTABLES IN THE CANTEEN DINING ROOM. THIS REQUIREMENT IS
FOR NEW CUSTOM COMMERCIAL GRADE KITCHEN GRADE WORKTABLES
INSTALLED IN TANDEM FOR A SERVING LINE ARRANGEMENT. (SEE
CANTEEN FLOOR PLAN FOR COMPLETE DETAILS).
THE CONTRACTOR SHALL PROVIDE LABOR, HARDWARE, AND MATERIALS,
TOOLS, EQUIPMENT, TRANSPORTATION, AND SUPERVISION NECESSARY
TO SATISFY THIS REQUIREMENT. REFER TO THE DRAWING FOR THE
LOCATIONS OF EACH WORKTABLE.
THE CONTRACTOR SHALL COMPLETE THIS WORK WITHIN TEN (10)
BUSINESS DAYS AFTER BEGINNING THE PROJECT; WHICH SHALL BEGIN
WITHIN 10 BUSINES DAYS OF CONTRACT AWARD. ALL DEBRIS, DUST,
AND DIRT SHALL BE CLEANED UP DAILY AND ALL DEBRIS SHALL BE
REMOVED OFF-SITE BY THE CONTRACTOR AND ALL OLD ITEMS BEING
REPLACED SHALL BE REMOVED AN DISPOSED BY THE CONTRACTOR.
SITE MEETING: CONTRACTOR SHALL BE AVAILALE FOR MEETING W/I
TEN (10) BUSINESS DAYS OF CONTRACT AWARD IN PERSON AT THE
BUILDING SITE. TIME AND DATE: TBD.
See CONTINUATION Page
534-3660152-4022-844100-3126 0100J00Z7
X X
JAMES E. BOLES JR.
CONTRACTING OFFICER, NCO7
36C24726Q0633
Table of Contents
SECTION A .................................................................................... Error! Bookmark not defined.
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS
AND COMMERCIAL SERVICES ..................................... Error! Bookmark not defined.
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
B.2 PRICE/COST SCHEDULE
ITEM INFORMATION
B.3 DELIVERY SCHEDULE
SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS
AND COMMERCIAL SERVICES (NOV 2023)
C.2 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS
(DEVIATION APR 2026)
C.3 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)
(DEVIATION)
C.4 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED
SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)
(DEVIATION)
C.5 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—
CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (JAN 2023)
(DEVIATION)
C.6 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)
C.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT
STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (OCT 2025) (DEVIATION FEB 2025)
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS
SECTION E - SOLICITATION PROVISIONS
E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (SEP 2023)
E.2 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)
E.3 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS
AND CERTIFICATIONS (NOV 2025) (DEVIATION)
E.4 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB
1998)
E.5 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES (NOV 2021)
E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—
COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION
FEB 2025)
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 JAMES E. BOLES JR.
1826 Veterans Blvd.
Dublin GA 31021
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
[X] 52.232-36, Payment by Third Party
3. INVOICES: Invoices shall be submitted in arrears:
a. Quarterly []
b. Semi-Annually []
c. Other [X] UPON RECEIPT, ACCEPTANCE, INSPECTION, AND
FINAL INSTALLATION
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:
AMENDMENT NO DATE
STATEMENT OF WORK
CANTEEN FOOD SERVING LINE WORKTABLES
Ralph H. Johnson VA Health Care System Charleston VA Medical Center
Room C101, 1st Floor 109 Bee Street, Charleston, SC
POC: Suzette Poletti, Interior Design
Suzette.Poletti@va.gov 843-789-6734
1.0 GENERAL SCOPE
The Veterans Health Administration (VHA) has a requirement to procure, deliver and install food service serving line worktables in the Canteen Dining Room. Under this contract this includes removal and disposal of all existing casework on a one-for-one basis.
This requirement is for new custom commercial kitchen grade worktables installed in tandem for a serving line arrangement. (See Canteen Floor Plan)
2.0 PERFORMANCE REQUIREMENTS
Description of installation:
The Contractor shall provide all labor, hardware and materials, contractor’s own tools and equipment, transportation, and supervision necessary to satisfy the needs of this requirement.
Refer to the drawing for the locations of each worktable.
Deliveries shall be made directly to the loading dock at the site, which is ground level, 1st floor.
The Contractor will submit a schedule to accomplish this work to the Contracting Officer, (CO), for approval. The Contractor’s work shall not take place at the government site on Federal weekends or Federal Holidays unless directed by the Contracting Officer Representative, (COR).
The Government recognized Federal Holidays are: New Year’s Day, Martin Luther King, Jr.
Day, Presidents Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus
Day, Veterans Day, Thanksgiving Day and Christmas Day. If the holiday falls on Sunday, it is observed on Monday.
The contractor shall complete this work within ten (10) business days of the onset of the work.
The work shall begin two weeks, (10) business days of award.
All debris, dust and dirt shall be cleaned up on a daily basis by the contractor. Debris of any kind shall be removed off-site by the contractor.
3.0 SITE MEETING
mailto:Suzette.Poletti@va.gov
The contractor(s) shall be available to meet at the site within ten (10) days of contract award, in person at the building site. Time and date will be determined by the COR.
SUBMISSION OF QUESTIONS
Questions: All questions must be sent to the Contracting Officer electronically. Questions received after the stated date and time may be addressed at the discretion of the Contracting
Officer.
5.0 SUBMISSION OF QUOTATION
Quote Submission: The contractors shall submit complete emailed electronic copy portable document format (.pdf) or Microsoft Excel (.xls) format of:
Volume 1: (technical)
a. Submit a scaled drawing incorporating the products detail the installation plan of all items listed below. (PDF)
b. Submit a furniture schedule tagged to the floor plan.(showing where each item will be placed during the installation.
c. Submit 2D or 3D images of the furniture typical layouts.
d. Bill of Materials tagged per CLIN/ floorplan department and room. (list detail parts for installation).
e. Product literature
f. Warranty.
g. Self-certifying statement confirming ability to meet project deadlines
Volume 2: (price) price quote with separate line for labor/installation
Note!:
Physical Finish samples are required and shall be submitted post-award by Contractor who is awarded the contract.
Submissions can be sent in multiple emails to avoid computer system email size limitation.
Quotes submitted by any other method will not be considered. All proprietary information shall be clearly marked. The use of hyperlinks in quotes is prohibited. Late quotes will not be accepted for evaluation. The contractor is responsible for confirming the Government’s receipt of the contractor’s quote.
6.0 EVALUATION CRITERIA
Offers will be evaluated on:
a. Bill of Materials tagged per CLIN / floorplan department and room.
b. Detailed dimension of Plan, 2D or 3D drawings of the furniture layouts with products including full parts list to determine accuracy.
c. Labor/Services description appropriate to the scope of work, (no pricing included).
d. Bill of Materials per CLIN line product number on the floorplan department and room.
e. Detailed dimension Plan, 2D or 3D drawings of the workstation with products including parts list for each to determine accuracy and understanding of project. Product shall meet the salient characteristics and specification requirements. (BRAND NAME OR
EQUAL)
7.0 PRODUCT
Salient Characteristics:
All casework shall meet the salient characteristics below:
Commercial grade Stainless steel components are required; 14-gauge countertop and backsplash.
SPECIFICATIONS:
0001 - Worktable 1: Cabinet Base Open Front: Quantity: (1): (BRAND NAME OR EQUAL)
Advance Tabco, basis of design, EK-SS-368, Size: 96”l x 36”d, open front cabinet base, stainless steel top, 14-gauge thickness, with 5” h stainless steel backsplash, heavy duty locking casters.
Include the following features:
• Casters, heavy duty, 5” dia, threaded stem, 300 lb. weight capacity ea. caster, set of (6) per worktable, (2) with brakes.
• Urn trough, 84” long, factory installed
• Hinge doors, half height, with locks, stainless steel, (Quan = 2).
• Locks for hinged doors, (4) each.
• Tray slide, fixed, factory installed, 96” long on front of cabinet.
• Apron for front of tray slide, factory installed, 96” long.
• Kick plate, removable, stainless steel, 96” long.
• Plastic HPL Laminate surface; factory installed on front of cabinet: Wilsonart:
pattern/color: TBD.
• Plumbing cut out, 12” x 12” opening, (2) each.
• Electrical junction box, gang size, stainless steel face plate, (2) each.
• Cut out, appliance cord, 2” dia. Hole, (2) ea., location: TBD.
0002 - Worktable 2: Cabinet Base Open Front: Quantity: (1): (BRAND NAME OR EQUAL)
Advance Tabco, basis of design, EK-SS-365, Size: 60”l x 36”d, open front cabinet base, stainless steel top, 14-gauge thickness, with 5” h stainless steel backsplash, heavy duty locking casters.
Include the following features:
• Casters, heavy duty, 5” dia, threaded stem, 300 lb. weight capacity ea. caster, set of (4) per worktable, (2) with brakes.
• Urn trough, 48” long, factory installed
• Hinge door, half height, with locks, stainless steel, (Quan = 1).
• Locks for hinged doors, (2) each.
• Tray slide, fixed, factory installed, 60” long on front of cabinet.
• Apron for front of tray slide, factory installed, 60” long.
• Kick plate, removable, stainless steel, 60” long.
• Plastic HPL Laminate surface; factory installed on front of cabinet: Wilsonart:
pattern/color: TBD.
• Plumbing cut out, 12” x 12” opening, (2) each.
• Electrical junction box, gang size, stainless steel face plate, (2) each.
• Cut out, appliance cord, 2” dia. Hole, (2) ea., location: TBD.
0003 - Worktable 3: Cabinet Base Open Front: Quantity: (1): (BRAND NAME OR EQUAL)
Advance Tabco, basis of design, EK-SS-368, Size: 96”l x 36”d, open front cabinet base, stainless steel top, 14-gauge thickness, with 5” h stainless steel backsplash, heavy duty locking casters.
Include the following features:
• Casters, heavy duty, 5” dia, threaded stem, 300 lb. weight capacity ea. caster, set of (6) per worktable, (2) with brakes.
• Hinge doors, half height, with locks, stainless steel, half height, (Quan = 2).
• Locks for hinged doors, (4) each.
• Tray slide, fixed, factory installed, 96” long on front of cabinet.
• Apron for front of tray slide, factory installed, 96” long.
• Kick plate, removable, stainless steel, 96” long.
• Plastic HPL Laminate surface; factory installed on front of cabinet: Wilsonart:
pattern/color: TBD.
• Plumbing cut out, 12” x 12” opening, (2) each.
• Electrical junction box, gang size, stainless steel face plate, (2) each.
• Cut out, appliance cord, 2” dia. Hole, (2) ea., location: TBD.
0004 - Delivery, Installation, Removal, and Disposal
• Delivery to site
• Installation of new equipment
• Removal and disposal of old equipment off-site
*NOTE: ELECTRICAL CONNECTION AND PLUMBING HOOKUP IS NOT REQUIRED FOR
INSTALLATION COMPLETION.
RECORDS MANAGEMENT OBLIGATIONS
A. Applicability
This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.
B. Definitions
“Federal Record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.
The term Federal record:
1. includes [Agency] records.
2. does not include personal materials.
3. applies to records created, received, or maintained by Contractors pursuant to their [Agency] contract.
4. may include deliverables and documentation associated with deliverables.
C. Requirements
1. 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. 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. RHJ VAHCS 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 RHJ VAHCS 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 RHJ VAHCS.
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 vehicle]. 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 RHJ VAHCS 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 vehicle]. 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 (sub-contractor) 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 [FACILITY] 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 RHJ VAHCS policy.
8. The Contractor shall not create or maintain any records containing any non-public RHJ VAHCS 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 RHJ VAHCS 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 [FACILITY] 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 RHJVAHCS-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.
D. Flow-down of requirements to Subcontractors
1. The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this [contract vehicle], and require written subcontractor acknowledgment of same.
2. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.
Contractor Compliance and Records Management Requirements
• 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.
• 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. 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.
• 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.
• [Agency] 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 [Agency] 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 [Agency]. The agency must report promptly to NARA in accordance with 36 CFR 1230.
• 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 vehicle]. 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 [Agency] 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 vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).
• The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) 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 [Agency] guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.
• The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with [Agency] policy.
• The Contractor shall not create or maintain any records containing any non-public [Agency] information that are not specifically tied to or authorized by the contract.
• 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.
• The [Agency] 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 [Agency] 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.
• Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take [Agency]-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.
**The Government maintains the option to modify the normal work week, days and hours, as necessary for the accomplishment of VHA mission.
****Note: ATTACHMENTS TO THIS STATEMENT OF WORK ARE DRAWINGS:
Attached: Canteen Food Service Worktables Furniture Plan.pdf
END
B.2 PRICE/COST SCHEDULE
ITEM INFORMATION
ITEM
NUMBER
DESCRIPTION OF
SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
1.00 EA __________________ __________________
CABINET BASE OPEN FRONT
WORK TABLE 1: BRAND NAME OR EQUAL (ADVANCE TABCO - EK-SS-
368):
CASEWORK BASE, OPEN FRONT, TABCO, BASIS OF DESIGN, EK-SS-368,
SIZE: 96"L X 36"D, 14 GAUGE STAINLESS STEEL TOP, 5"H BACKSPLASH,
LOCKABLE HEAVY DUTY CASTERS.
INCLUDE THE FOLLOWING:
-TA-64 URN TROUGH, FACTORY INSTALLED, 7 FT. LONG.
-TA-255AP CASTERS, 5" THREADED STEM, ROLLER BEARING WHEEL,
300LB WEIGHT CAPACITY PER WHEEL, SET OF (6), (2) WITH BRAKES.
-TA-36B HALF HEIGHT HINGE DOORS, STAINLESS STEEL, QTY=(2).
-TA-74 FIXED SOLID TRAY SLIDE, STAINLESS STEEL, 8 FT. LONG,
FACTORY MOUNTED ON FRONT.
-TA-92 APRON IN FRONT OF TRAY SLIDE, 8 FT. LONG.
-TA-46 LOCKS FOR DOORS, QTY = (4).
-TA-54 KICK PLATE, REMOVABLE, 8 FT. LONG.
-TA-500 PLASTIC HPL LAMINATE FINISH LAYER, WILSONART:
PATTERN/COLOR: TBD OR EQUAL, 8 FT. LONG, FACTORY INSTALLED.
-TA-48 PLUMBING CUT OUT, QTY = (2)
-TA-108 CUT OUT 2" DIA. FOR APPLIANCE CORD, QTY = (2). LOCATION:
TBD
-TA-62F ELECTRICAL JUNCTION BOX, GANG SIZE, SS, FACE PLATE,
EMPTY, QTY = (2)
-LABOR/HARDWARE TO CONNECT WORKTABLES IN TANDUM.
WORK TABLE 2: BRAND NAME OR EQUAL (ADVANCE TABCO - EK-SS-
365):
CASEWORK BASE, OPEN FRONT - SIZE: 60"L X 36"D, 14 GAUGE
STAINLESS STEEL TOP, 5"H BACKSPLASH, LOCKABLE HEAVY DUTY
CASTERS.
INCLUDE THE FOLLOWING:
-TA-64 URN TROUGH, FACTORY INSTALLED, 4 FT. LONG.
-TA-255AP CASTERS, 5" THREADED STEM, ROLLER BEARING WHEEL,
300LB WEIGHT CAPACITY PER WHEEL, SET OF (4), (2) WITH BRAKES.
-TA-36B HALF HEIGHT HINGE DOORS, STAINLESS STEEL, QTY=(1).
-TA-74 FIXED SOLID TRAY SLIDE, STAINLESS STEEL, 5 FT. LONG, FRONT
MOUNTED.
-TA-92 APRON IN FRONT OF TRAY SLIDE, 5 FT. LONG.
-TA-46 LOCKS FOR HINGED DOORS, QTY = (2).
-TA-54 KICK PLATE, REMOVABLE, 5 FT. LONG.
-TA-500 PLASTIC HPL LAMINATE SURFACE, WILSONART OR EQUAL;
PATTERN/COLOR: TBD, 5FT LONG, FACTORY INSTALLED.
-TA-48 PLUMBING CUT OUT, 12" x 12" OPENING, QTY = (2)
-TA-108 CUT OUT 2" DIA. APPLIANCE CORD, QTY = (2).
-TA-62F ELECTRICAL JUNCTION BOX, GANG SIZE, SS FACE PLATE,
EMPTY, QTY = (2)
-LABOR/HARDWARE TO CONNECT WORKTABLES IN TANDUM.
WORK TABLE 3: BRAND NAME OR EQUAL (ADVANCE TABCO - EK-SS-
368):
CASEWORK BASE, OPEN FRONT - SIZE: 96"L X 36"D, 14 GAUGE
STAINLESS STEEL TOP, 5"H BACKSPLASH, LOCKABLE HEAVY DUTY
CASTERS.
INCLUDE THE FOLLOWING:
-TA-255AP CASTERS, 5" THREADED STEM, ROLLER BEARING WHEEL,
300LB WEIGHT CAPACITY PER WHEEL, SET OF (6), (2) WITH BRAKES.
-TA-36B HALF HEIGHT HINGE DOORS, W/LOCKS, STAINLESS STEEL,
QTY=(2).
-TA-74 FIXED SOLID TRAY SLIDE, STAINLESS STEEL, 8 FT. LONG, FRONT
MOUNTED.
-TA-92 APRON IN FRONT OF TRAY SLIDE, 8 FT. LONG.
-TA-46 LOCKS FOR HINGED DOORS, QTY = (4).
-TA-54 KICK PLATE, REMOVABLE, SS, 8 FT. LONG.
-TA-500 PLASTIC HPL LAMINATE SURFACE, WILSONART OR EQUAL:
PATTERN/COLOR: TBD, 8 FT. LONG, FACTORY INSTALLED.
-TA-48 PLUMBING CUT OUT, 12" x 12" OPENING, QTY = (2)
-TA-108 CUT OUT 2" DIA. APPLIANCE CORD, QTY = (2), LOCATION: TBD
-TA-62F ELECTRICAL JUNCTION BOX, GANG SIZE, EMPTY, SS FACE
PLACE, QTY = (2).
-TA-205 LABOR/HARDWARE TO CONNECT WORKTABLES IN TANDUM.
1.00 JB __________________ __________________
DELIVERY TO SITE, INSTALLATIONOF NEW EQUIPMENT, REMOVAL AND
DISPOSAL OF OLD EQUIPMENT OFF SITE.
*NOTE: ELECTRICAL CONNECTION AND PLUMBING HOOKUP IS NOT
REQUIRED FOR INSTALLATION COMPLETION.
GRAND TOTAL __________________
B.3 DELIVERY SCHEDULE
ITEM
NUMBER SHIPPING INFORMATION QUANTITY
DELIVERY
DATE
1.00 10 BUSINESS DAYS
AFTER AWARD
AFTER RECEIPT OF
ITEMS
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 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL
CONTRACTORS (DEVIATION APR 2026)
(a)Definitions. As used in this clause—
Program participation means membership or participation in, or access or admission to:
training, mentoring, or leadership development programs; educational opportunities; clubs;
associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.
Racially discriminatory diversity, equity, and inclusion (DEI) activities means disparate treatment based on race or ethnicity in the recruitment, employment (e.g., hiring, promotions), contracting (e.g., vendor agreements), program participation, or allocation or deployment of an entity's resources.
(b) In connection with the performance of work under this contract, the Contractor agrees as follows:
(1) The Contractor will not engage in any racially discriminatory DEI activities;
(2) The Contractor will furnish all information and reports, including providing access to books, records, and accounts, as required by the Contracting Officer, for purposes of ascertaining compliance with this clause;
(3) In the event of the Contractor's or a subcontractor's noncompliance with this clause, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor or subcontractor may be declared ineligible for further Government contracts;
(4) The Contractor will report any subcontractor's known or reasonably knowable conduct that may violate this clause to the Contracting Officer and take any appropriate remedial actions directed by the Contracting Officer; and
(5) The Contractor will inform the Contracting Officer if a subcontractor sues the Contractor and the suit puts at issue, in any way, the validity of this clause.
(6) The Contractor recognizes that compliance with the requirements of this clause are material to the Government's payment decisions for purposes of 31 U.S.C. 3729(b)(4).
(c) The Contractor must include the substance of this clause, including this paragraph (c), in subcontracts at any tier, including those for commercial products and commercial services, except those where the place of delivery or performance is outside the United States.
(End of Clause)
C.3 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)
(DEVIATION)
(a) Definitions. As used in this clause—
American Security Drone Act-covered foreign entity means an entity included on a list that the
Federal Acquisition Security Council (FASC) develops and maintains and publishes in the
System for Award Management (SAM) at https://www.sam.gov (section 1822 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.).
Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core https://www.sam.gov 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…
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