36C24726Q0746_1.docx

36C24726Q0746

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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

36C24726Q0746 07-23-2026 LaTerrica Sewell 706-733-0188 08-10-2026 10:00

EDT

Department of Veterans Affairs VISN 7 Network Contracting Office 501 Greene Street Hatcher Building - Suite 2 Augusta GA 30901 X X 337127 500 Employees N/A X Department of Veterans Affairs Atlanta VA Health Care System Fort McPherson VA Clinic 1701 Hardee Ave SW Atlanta GA 30310 Department of Veterans Affairs VISN 7 Network Contracting Office 501 Greene Street Hatcher Building - Suite 2 Augusta GA 30901

Department of Veterans Affairs

FMS-VA-2 (101)

Financial Services Center https://www.fsc.va.gov/einvoice.asp

Austin TX 78714-9971 See CONTINUATION Page Contractor shall provide all items/salient characteristics listed in the pricing schedule and in accordance with the Statement of Work (SOW).

This requirement is set-aside for SDVOSBs under NAICS 337127 POC: LaTerrica Sewell, Contracting Officer Email:

LaTerrica.Sewell@va.gov

All offers are due by 08/10/2026 at 10:00 AM EST.

All questions must be submitted by 07/30/2026 at 10:00 AM EST.No other questions will be allowed after this time.

See 52.212-1 Instructions to Offerors (Additional Informatio n) See CONTINUATION Page X X 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 501 Greene Street Hatcher Building - Suite 2 Augusta GA 30901

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:

Page 1 of

B.2 STATEMENT OF WORK

Domiciliary Residents Furniture Replacement

1.0 GENERAL SCOPE

The Veterans Health Administration (VHA) has a requirement for healthcare furniture for Atlanta VA Health Care System VA Clinic located at Fort McPherson VA Clinic, 1701 Hardee Ave SW, Atlanta, GA 30310 that meets the VHA specifications and high-quality threshold while integrating excellent environmental stewardship.

This requirement includes healthcare furniture, design, project management, and professional installation. Service required is for receiving, delivery, and installation (RDI) of Mental Health furnishing. Installation to be performed after hours within (6) phases corresponding to the residential wings within Buildings 130 and 131 as coordinated by the Interior Designer. Phasing is required to minimize disruption to residents, maintain bed availability, and support ongoing renovation activities.

The Contracting Officer Representative (COR) is Kenneth Scott.

Healthcare furnishings include beds, mattresses, wardrobes, dressers, desk and related services.

The contractor shall provide all labor, materials, equipment, transportation, and supervision necessary to satisfy the needs of each ordering activity.

2.0 PERFORMANCE REQUIREMENTS

The contractor shall provide and be responsible for the technical assistance, design, development and generation for final specifications of all products associated with this request as stated in section 14.0 Minimum Technical Requirements.

The Contractor shall provide Project Management oversight along with delivery and installation of all products associated with this requirement. Delivery and installation must be coordinated through COR and will be based on construction timelines and end user’s schedule.

Duty hours will be standard business hours from 8:30am to 5pm. The Government recognized US holidays are: New Year’s Day, Martin Luther King, Jr. Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day and Christmas Day. If the holiday falls on Sunday, it is observed on Monday.

3.0 KICKOFF MEETING

The prime contractor(s) shall participate in a kickoff meeting within ten (10) days of task order issuance, in person at Atlanta, GA. Time and date will be determined by VA Point of Contact.

4.0 SUBMISSION OF QUESTIONS

Questions: All questions must be received by July 30, 2026, at 10:00AM EST. All questions submitted for this solicitation must be sent to the following email address: LaTerrica.Sewell@va.gov . 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. drawings, (product isometrics, shop drawings, room typical based on MTR request etc.)

b. Provide manufacturer’s cut sheet for each MTR line item, including dimensions and image

c. Self-certifying statement confirming ability to meet project deadlines Volume 2: (pricing)

a. price quote with separate line for labor/installation

b. Bill of Materials with subtotals and tagged per CLIN/ floorplan Submissions can be sent in multiple emails to avoid computer system email size limitation, to LaTerrica.Sewell@va.gov . Quotes submitted by any other method will not be considered. All proprietary information should be clearly marked. The use of hyperlinks in quotes is prohibited. The contractor is responsible for confirming the Government’s receipt of the contractor’s quote.

6.0 EVALUATION CRITERIA

Task orders will be evaluated on:

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

b. Cut sheets with product details including dimensions and images for each line item to help identify special features highlighted in MTRs.

c. Sustainability Certification

d. RFQ will be based on best value.

7.0 PRODUCT

General

All furniture shall be designed for behavioral health environments and must meet the following:

• Ligature-resistant / anti-ligature design

• No sharp edges, pinch points, or removable hazardous components

• Tamper-resistant fasteners and concealed hardware

• High-impact, abuse-resistant construction

• Non-porous, moisture-resistant, and chemical-resistant materials (bleach compatible)

• Infection-control compliant and cleanable surfaces

• Stable, weighted, or capable of anchoring to prevent tipping or barricading

• Meets BIFMA or equivalent commercial durability standards

All finished surfaces shall be free of scratches, dents, blemishes, staining, cracking, or loss of adhesion.

Furnishings shall have smooth finishes with no hazardous projections, sharp corners, or detail, which can be hazardous and cause personal injury or damage to clothing.

8.0 SERVICES

Project Manager (PM) Requirements

Coordinate and provide project management of all products and services to manage, order, ship, deliver and install new furniture from the manufacturer until final acceptance by the Interior Designer.

a. PM shall be responsible for all communication with VA Interior Designer as pertaining to updates, design changes, notifications and installation scheduling in writing by email in addition to any phone conferences or in-person meetings.

b. PM shall represent the Contractor, not the installation company or manufacturer.

c. PM shall perform on-site assessment of product and replacement of damaged product due to freight delivery.

d. PM shall schedule arrival of the product and installation date.

e. PM shall perform on-site review of space and installation plans for at least 5 business days in advance of scheduled installation with VA COR.

f. PM shall perform on-site visit and assess area for any encumbrances (loading dock, path of travel, electrical/data need locations, etc.) that would be a potential delay to the project.

g. PM shall be on-site during installation to answer any questions regarding product installation or space/area.

h. PM shall perform on-site walk-through and punch list after installation with Lead Installer and VA COR.

i. PM shall provide final sign-off for completion of installation.

j. PM to provide maintenance manuals for all specified products.

9.0 PROTECTION OF PROPERTY

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

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

9.3 Contractor/Awardee shall be responsible for security of the areas in which the work is being performed prior to completion. The Supplier shall maintain accountability and control of any keys provided and shall return them to the POC upon completion of the work.

9.4 Contractor/Awardee shall provide floor protection while working in all VA facilities. All material handling equipment shall have rubber wheels.

10.0 DELIVERY

10.1 All furniture products shall be manufactured, delivered, and received by the Government no later than December 31, 2026. All installation activities shall be completed within 180 calendar days of Notice to Proceed (NTP).

10.2 Contractor/Awardee shall notify VA Interior Designer at least 14 days prior to manufacturing completion and ship date from manufacturer.

10.3 In the event there is a delay in delivery, Contractor/Awardee must notify the VA COR immediately.

10.4 All deliveries must be received at Contractor/Awardee warehouse and checked for damage and missing items prior to delivery and installation at jobsite.

10.5 Project Manager and Installation Manager to meet Truck and receive inspect and install items independently of VA staff assistance.

11.0 INSTALLATION REQUIREMENTS

11.1 Installation Team must be certified in product installation, experienced and knowledgeable about product, and always supervised by both Installation Company Manager and Contractor/Awardee Project Manager.

11.2 Contractor/Awardee shall uncrate all items received and perform all required assembly in accordance with the manufacturers’ instructions.

11.3 Installation Crew and Contractor/Awardee staff to check in with VA COR upon arrival and obtain vendor badges for each day on site.

11.4 Contractor/Awardee Project Manager (PM) shall be on site during Installation to supervise the installation team and Installation supervisor.

11.5 Contractor/Awardee shall provide all necessary materials, equipment, labor, supervision, and management to: (1) coordinate delivery: (2) load and unload; (3) place/install in designated rooms/locations; (4) assemble items as required; (5) secure as designated; and (6) properly dispose of all associated packing/crating materials outside the VA premises.

11.6 Installation shall be conducted during regular business hours (Monday-Friday, 8:30am-5pm).

11.7 Delivery Trucks may not block entrances, egress or patient parking during normal business hours (Monday-Friday, 8am-4:30pm)

11.8 If for any reason, Contractor/Awardee is unable to complete the assembly and placement of all unloaded items before the end of the workday, the Contractor/Awardee will be responsible for moving these items to a secure location, until the next available installation date. The Contractor/Awardee will be responsible for moving the items from the storage site to its designated position in the building for installation.

11.9 Contractor/Awardee shall be responsible for storing, returning and replacing all damaged items in supplier-warehouse. No damaged items to be stored on VA premises.

11.10 Contractor/Awardee shall repair or coordinate for replacement of damaged, defective, or missing items as identified in the installation Punchlist within 4 weeks of post-installation.

11.11 Art shall be installed only by a professional and experienced art installation crew.

12.0 QUALITY CONTROL

12.1 Contractor/Awardee will be responsible for the removal and disposal of all trash/debris connected with uncrating and assembling furniture and other items installed under this contract. Final Acceptance from the Contractor will not occur until all debris connected with installation is removed from the VA site.

12.2 Packing materials will not be stored in the buildings for any period exceeding 24 hours.

12.3 Personal trash (food wrappers, drink containers, etc.,) shall be removed from the site daily by the Contractor/Awardee.

13.0 CONTACT WITH VA PERSONNEL

13.1 All contacts shall include VA Contracting Officer and VA COR. Any requests for PO modifications must include both VA Contracting Officer and VA COR. No changes to the contract will be made without the written consent of the warranted Contracting Officer.

14.0 PRODUCT SALIENT CHARACTERISTICS

14.1 BASIS OF DESIGN

Stance Behavioral Health Furniture is the basis of design.

All proposed products must meet or exceed the performance, safety, durability, and construction characteristics outlined below. Substitutions require Interior Design approval prior to award.

14.2 PRODUCT CONSTRUCTION REQUIREMENTS

All casegoods (dressers, wardrobes, desks, bedside units, and custom casework) shall meet or exceed the following construction standards:

· Cabinet tops: minimum 1” thick high-pressure laminate (HPL) with 3mm PVC edge banding

· Cabinet sides: double-wall construction using two (2) laminated panels totaling minimum 1½” thickness

· Backs: minimum ¾” thick, fully enclosed, thermally fused laminate (TFL) finish

· Drawer fronts and doors: minimum ¾” thickness

· Drawer construction: metal or equivalent high-strength sides with reinforced bottoms and backs

· Drawers shall be non-removable without use of tools

· Hinges: continuous or tamper-resistant full-length hinges

· Glides: non-marring, corrosion-resistant, heavy-duty

· Legs (if applicable): impact-resistant metal or equivalent protective design

· All units shall support floor or wall anchoring capability

14.3 BEHAVIORAL HEALTH SAFETY FEATURES

All products must include:

· Inset or recessed pulls (anti-ligature)

· Continuous hinges and minimal reveal gaps

· Concealed hanging systems in wardrobes (no exposed rods)

· Flush or minimal overhang tops to reduce grasp points

· No exposed hardware or removable components

· Drawer stops and anti-removal features

· Units designed to resist barricading and misuse

14.4 PLATFORM BED CONSTRUCTION

· Reinforced or double-wall construction for durability

· Constructed of solid core, plywood, or equivalent structural material with laminate exterior

· Integrated platform design with no ligature points

· Removable or accessible deck system for anchoring

· Capable of bolting to floor

· Minimum 500 lb. load capacity

14.5 PRODUCT-SPECIFIC REQUIREMENTS

· Beds

· Integrated, ligature-resistant platform construction, radiused edges, no exposed hardware

· Mattresses

· Seamless, RF-welded, tear-resistant, antimicrobial, fluid-proof, no zippers

· Desks

· Open or fixed design, no removable shelving, anti-barricade configuration

· Dressers

· Multi-drawer configurations

· Non-removable drawers

· Fully enclosed backs

· Anti-ligature pulls

· Custom Wardrobes

· Single and double configurations

· Concealed hanging or fixed shelving systems

· Tamper-resistant hinges

· Anchored or weighted

· High-pressure laminate construction, sealed joints, factory-finished, no field modification

14.6 FINISH REQUIREMENTS

· High-pressure laminate (HPL) or thermally fused laminate (TFL)

· Scratch-resistant and chemical-resistant

· Matte or low-sheen finish

· Color to match Warm Sand / Dolce Vita or approved equal

14.7 INSTALLATION REQUIREMENTS

· Install per manufacturer recommendations

· Anchor all applicable units to floor or wall

· No field modifications that compromise ligature resistance or structural integrity

14.8 ITEMIZED FURNITURE SCHEDULE

Platform Bed (Single with Storage) – Qty 59 Mattress (Single) – Qty 59 Platform Bed (Double XL) – Qty 2 Mattress (Double XL) – Qty 2 Desk – Qty 39 Dresser – Qty 34 Wardrobe Double – Qty 21 Wardrobe Single – Qty 6

14.9 SUBSTITUTION REQUIREMENTS

Any proposed equal must:

· Meet or exceed all listed salient characteristics

· Provide full cut sheets and technical documentation

· Demonstrate equivalent construction durability and behavioral health safety features

· Be approved by Interior Design prior to award

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Flo Behavioral Health Platform Bed with Open Side Storage, 36” x 80”, Warm Sand

Behavioral Health Mattress, 36” x 80” x 5”

Gibraltar Platform Bed, Double XL, 54” x 80”, Dolce Vita Finish

Behavioral Health Mattress, 54” x 80” x 5”

Frontier Behavioral Health Desk, Open, No Shelves, Warm Sand

Gibraltar Dresser, 4 Drawer, Dolce Vita Finish

Gibraltar Double Wardrobe, 2 Doors, 2 Drawers, Dolce Vita Finish

Gibraltar Single Wardrobe, Left Hinged, 1 Door, 2 Drawers, Dolce Vita Finish

Gibraltar Single Wardrobe, Right Hinged, 1 Door, 2 Drawers, Dolce Vita Finish

DELIVERY AND INSTALLATION (RDI) OF MENTAL HEALTH FURNISHING. INSTALLATION TO BE DONE AFTER HOURS WITHIN (6) PHASES, AS COORDINATED BY INTERIOR DESIGNER IN ACCORDANCE WITH THE STATEMENT OF WORK

B.4 DELIVERY SCHEDULE

Atlanta VA Health Care System-Fort McPherson VA 1701 Hardee Ave SW Atlanta, GA 30310

404-321-6111 Ext. 3142 Kenneth.Scott6@va.gov

Atlanta VA Health Care System-Fort McPherson VA 1701 Hardee Ave SW Atlanta, GA 30310

Atlanta VA Health Care System-Fort McPherson VA 1701 Hardee Ave SW Atlanta, GA 30310

Atlanta VA Health Care System-Fort McPherson VA 1701 Hardee Ave SW Atlanta, GA 30310

Atlanta VA Health Care System-Fort McPherson VA 1701 Hardee Ave SW Atlanta, GA 30310

Atlanta VA Health Care System-Fort McPherson VA 1701 Hardee Ave SW Atlanta, GA 30310

Atlanta VA Health Care System-Fort McPherson VA 1701 Hardee Ave SW Atlanta, GA 30310

Atlanta VA Health Care System-Fort McPherson VA 1701 Hardee Ave SW Atlanta, GA 30310

Atlanta VA Health Care System-Fort McPherson VA 1701 Hardee Ave SW Atlanta, GA 30310

Atlanta VA Health Care System-Fort McPherson VA 1701 Hardee Ave SW Atlanta, GA 30310

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) 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.

(c) 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.

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

(e) 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 FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(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. Examples of occurrences include 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. When an excusable delay occurs, the Contractor shall—

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(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) 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 that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(4) 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;

(D) Contractor point of contact; and

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

(5) 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 FAR part 33 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 FAR part 32).

(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 termination for cause.

(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 for interest credits prescribed in FAR part 32 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 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. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. 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 under this contract 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) 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; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21 relating to procurement integrity.

(r) 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 Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract,

(5) Solicitation provisions incorporated in the solicitation.

(6) Other paragraphs of this clause.

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s) Unauthorized obligations.

(1) Except as stated in paragraph (s)(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 (s)(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.

(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This clause does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(u) 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:

(End of Addendum to 52.212-4)

C.2 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS (DEVIATION APR 2026) (a)Definitions. As used in this clause— Program participation means membership or participation in, or access or admission to: training, mentoring, or leadership development programs; educational opportunities; clubs; associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.

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

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

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

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

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

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

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

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

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

(End of Clause)

C.3 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025) (DEVIATION)

(a) Definitions. As used in this clause— American Security Drone Act-covered foreign entity means an entity included on a list that the Federal Acquisition Security Council (FASC) develops and maintains and publishes in the System for Award Management (SAM) at https://www.sam.gov (section 1822 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Covered article, as defined in 41 U.S.C. 4713(k), means:

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153);

(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or

(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means—

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means—

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled—

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

FASC-prohibited unmanned aircraft system means an unmanned aircraft system manufactured or assembled by an American Security Drone Act—covered foreign entity.

FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring removing covered articles from executive agency information systems or excluding one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201-1.303(d) and (e):

(1) The Secretary of Homeland Security may issue FASCSA orders that apply to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.

(2) The Secretary of Defense may issue FASCSA orders that apply to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.

(3) The Director of National Intelligence (DNI) may issue FASCSA orders that apply to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.

Information technology, as defined in 40 U.S.C. 11101(6)—

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—

(1) The Office of the Director of National Intelligence;

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;

(9) The Bureau of Intelligence and Research of the Department of State;

(10) The Office of Intelligence and Analysis of the Department of the Treasury;

(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or

(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.

Interconnection arrangement means arrangements governing the physical connection of two or more networks to allow the use of another’s network to hand off traffic where it is ultimately delivered (e.g., connecting a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Kaspersky Lab-covered article means any hardware, software, or service that—

(1) Is developed or provided by a Kaspersky…