36C24726Q0795.pdf
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- Attached to
- Guldmann Ceiling Lift PM Services
- Solicitation number
- 36C24726Q0795
About this file
This is a solicitation for a firm-fixed-price contract for Guldmann 3G extended warranty service covering sixty-nine ceiling lift systems located at the Trinka Davis Veterans Village in Carrollton, GA and Cobb County VA Clinic in Marietta, GA under the Atlanta VA Healthcare System. The contracting activity is the Department of Veterans Affairs, VISN 7 Network Contracting Activity in Augusta, GA. This is a service-disabled veteran-owned small business (SDVOSB) set-aside solicitation with a solicitation number 36C24726Q0795, an offer due date of August 6, 2026 at 1000 EDT, and an estimated contract award value of $34 million.
The contract consists of a base period of performance from September 1, 2026 through August 31, 2027, plus four one-year option periods extending through August 31, 2031. Required services include preventive maintenance, unscheduled repairs, parts replacement, and system certification performed by manufacturer-trained service engineers during standard business hours (8:00 AM to 5:00 PM, Monday through Friday, excluding federal holidays). The contractor must provide telephone or email response within 48 business hours, detailed service reports within 24 hours of completion, evidence of factory training for all service personnel, and certification that updates and upgrades maintain system performance. Invoices shall be submitted electronically on a performance-based schedule. Payment will be made by electronic funds transfer to the Financial Services Center in Austin, Texas. Only certified SDVOSBs listed in the SBA certification database are eligible to submit offers and receive award.
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| Questions.docx | DOCX document | |
| Terms of agreement.pdf |
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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
36C24726Q0795 07-31-2026
Ashley Stewart NO CALLS 08-06-2026
1000 EDT
Department of Veterans Affairs VISN 7 Network Contracting Activity 501 Greene Street Hatcher Building - Suite 2 Augusta GA 30901
X 100
X
811210
$34 Million
X
N/A
X
Department of Veterans Affairs VISN 7 Network Contracting Activity 501 Greene Street
Augusta GA 30901
Department of Veterans Affairs VISN 7 Network Contracting Activity 501 Greene Street Hatcher Building - Suite 2 Augusta GA 30901
Department of Veterans Affairs
FMS-VA-2 (101)
Financial Services Center P.O. Box 149971 Austin TX 78714-9971
X
See CONTINUATION Page
This is a solicitation for the Guldmann 3G extended warranty service for the Atlanta VAMC located for the CBOC's locations in Carrollton, GA and Marietta, GA.
Please view the schedule/delivery for items details with the SOW attached.
Contract Officer: Ashley Stewart | ashley.stewart4@va.gov
**This is a SDVOSB set-aside solicitation**
Base YR POP: 9/1/2026 – 8/31/2027 Option YR 1: 9/1/2027 – 8/31/2028 Option YR 2: 9/1/2028 – 8/31/2029 Option YR 3: 9/1/2029 – 8/31/2030 Option YR 4: 9/1/2030 – 8/31/2031
See CONTINUATION Page
X X
Ashley Stewart Contracting Officer
36C24726Q0795
Table of Contents
SECTION A
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
STATEMENT OF WORK
I. INTRODUCTION AND SCOPE OF WORK
II. REQUIREMENTS
III. PROGRESS AND COMPLIANCE
1) Contractor shall provide evidence of factory training for each service engineer or technician upon request
2) Contractor shall contact Healthcare Technology Management to arrange for service
3) Service reports shall be provided to Healthcare Technology Management within 24 hours of completing service. The report shall include complete details of all work performed.
4) The contractor shall provide certification in the form of technical documentation, original invoice, or service documentation that the quality of updates and upgrades is sufficient to guarantee continued performance and operation of the system listed in this contract
IV. COVERED EQUIPMENT
V. RECORDS MANAGEMENT CONTRACT LANGUAGE
VI. VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY
LANGUAGE
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 (OCT 2025) (DEVIATION)
C.2 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
C.3 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS
(DEVIATION APR 2026)
C.4 52.223-23 SUSTAINABLE PRODUCTS (NOV 2025) (DEVIATION)
C.5 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)
(DEVIATION)
C.6 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-
DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)
C.7 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—
CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)
(DEVIATION)
C.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
SECTION E - SOLICITATION PROVISIONS
E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (OCT 2025) (DEVIATION)
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 (OCT 2025) (DEVIATION)
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 Ashley Stewart
Department of Veterans Affairs
VISN 7 Network Contracting Activity
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:
[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or
[] 52.232-36, Payment by Third Party
3. INVOICES: Invoices shall be submitted in arrears:
a. Quarterly []
b. Semi-Annually []
c. Other [X] Performance-based
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.
https://www.fsc.va.gov/einvoice.asp
STATEMENT OF WORK
I. INTRODUCTION AND SCOPE OF WORK
This contract is to provide service contract support services on the sixty-nine (69) Guldmann ceiling lift systems located at the Trinka Davis Veterans Village in Carrolton, GA and Cobb County VA Clinic in Marietta, GA (Atlanta VA Healthcare System). Services shall be performed by manufacturer trained service engineers. Coverage shall begin on 9/1/2026 and end on 8/31/2027 for the base year, unless otherwise noted in this contract. All software shall be maintained in proper operating condition as specified by the manufacturer.
Detailed equipment descriptions are available in section IV.
Service Contract Timelines:
Year Start Date End Date
Base Year 9/1/2026 8/31/2027
Option Year 1 9/1/2027 8/31/2028
Option Year 2 9/1/2028 8/31/2029
Option Year 3 9/1/2029 8/31/2030
Option Year 4 9/1//2030 8/31/2031
II. REQUIREMENTS
Contractor shall provide maintenance/certification services in accordance with manufacturer’s specifications and as outlined below:
1) Vendor will provide the Guldmann 3G extended warranty program terms and conditions.
2) Provide service calls 8:00 am to 5:00 pm Monday through Friday, excluding Federal holidays. After hours emergency services will be billed at prevailing rates.
3) Preventive maintenance shall include service designed to reduce product failure and extend the useful life of the system. This service shall include items such as cleaning, lubrication, inspection, and testing.
4) Agreement also includes unscheduled service calls throughout the year to repair equipment that has malfunctioned due to normal wear and tear or manufacture defects.
5) Charges for labor, travel, replacement parts, shipping, and equipment for visual inspection and testing of an entire system during normal business hours are included within this agreement.
6) Response time: telephone or email response within 48 business hours of notification of a needed service.
7) Documentation: Contractor shall furnish a detailed field service report upon completion of work to Biomedical Staff in Healthcare Technology Management Service (formerly Biomedical Engineering). The service report shall contain, at a minimum, the following information:
• Type, model and serial number (s) of all equipment on which maintenance was performed
• Total time spent performing maintenance.
• Detailed narrative description of the services required
• Copies of all test reports
• Complete list of parts replaced and/or updates performed
• Date and time the repair was completed
The service report shall itemize every item in the specification. Each item shall state the "as found" condition or values, the "calibrated to" or "adjusted to" values, the factory design tolerances, and a complete description of all work performed concerning the items. Included will be a list of new parts used and recommended future repairs. Service reports should be sent to the following email address: VHAATGHTMServiceReports@va.gov.
5) Contractor shall provide evidence of factory training for each service engineer or technician upon request.
III. PROGRESS AND COMPLIANCE
1) Contractor shall provide evidence of factory training for each service engineer or technician upon request.
2) Contractor shall contact Healthcare Technology Management to arrange for service.
• Nathan Stroud (Supervisor BESS) – junior.stroud@va.gov
• Robert Timm (Lead BESS) – robert.timm@va.gov
• Luis Martinez-Morales (BESS) – luis.martinez-morales@va.gov
3) Service reports shall be provided to Healthcare Technology Management within 24 hours of completing service. The report shall include complete details of all work performed.
4) The contractor shall provide certification in the form of technical documentation, original invoice, or service documentation that the quality of updates and upgrades is sufficient to guarantee continued performance and operation of the system listed in this contract.
IV. COVERED EQUIPMENT
Asset AEMS_MERS Description Mfg Model Serial # Status Location mailto:robert.timm@va.gov
RefID Name
3478317 508
MX3478317
LIFTS: PATIENT
TRANSFER:
OVERHEAD
TRACK
Guldmann Inc
GH3+ 0000161648 OPERATING CLTN A004A-
CLN
3478316 508
MX3478316
LIFTS: PATIENT
TRANSFER:
OVERHEAD
TRACK
Guldmann Inc
GH3+ 0000161626 OPERATING CLTN A007A-
3478315 508
MX3478315
LIFTS: PATIENT
TRANSFER:
OVERHEAD
TRACK
Guldmann Inc
GH3+ 0000161623 OPERATING CLTN A010A-
3478314 508
MX3478314
LIFTS: PATIENT
TRANSFER:
OVERHEAD
TRACK
Guldmann Inc
GH3+ 0000161620 OPERATING CLTN A007-
3478313 508
MX3478313
LIFTS: PATIENT
TRANSFER:
OVERHEAD
TRACK
Guldmann Inc
GH3+ 0000161663 OPERATING CARROLLTON
3478312 508
MX3478312
LIFTS: PATIENT
TRANSFER:
OVERHEAD
TRACK
Guldmann Inc
GH3+ 0000161628 OPERATING CLTN A001-
3478311 508
MX3478311
LIFTS: PATIENT
TRANSFER:
OVERHEAD
TRACK
Guldmann Inc
GH3+ 0000161625 OPERATING CARROLLTON
3478310 508
MX3478310
LIFTS: PATIENT
TRANSFER:
OVERHEAD
TRACK
Guldmann Inc
GH3+ 0000161622 OPERATING CLTN A008-
3478309 508
MX3478309
LIFTS: PATIENT
TRANSFER:
OVERHEAD
TRACK
Guldmann Inc
GH3+ 0000161617 OPERATING CLTN B003-
3478308 508
MX3478308
LIFTS: PATIENT
TRANSFER:
OVERHEAD
TRACK
Guldmann Inc
GH3+ 0000161656 OPERATING CLTN A002-
3478307 508
MX3478307
LIFTS: PATIENT
TRANSFER:
OVERHEAD
Guldmann Inc
GH3+ 0000161654 OPERATING CLTN A007A-
TRACK
3478306 508
MX3478306
LIFTS: PATIENT
TRANSFER:
OVERHEAD
TRACK
Guldmann Inc
GH3+ 0000161651 OPERATING CARROLLTON
3478305 508
MX3478305
LIFTS: PATIENT
TRANSFER:
OVERHEAD
TRACK
Guldmann Inc
GH3+ 0000161693 OPERATING CLTN B006-
3478304 508
MX3478304
LIFTS: PATIENT
TRANSFER:
OVERHEAD
TRACK
Guldmann Inc
GH3+ 0000161665 OPERATING CARROLLTON
3478303 508
MX3478303
LIFTS: PATIENT
TRANSFER:
OVERHEAD
TRACK
Guldmann Inc
GH3+ 0000161660 OPERATING CLTN C002A-
3478302 508
MX3478302
LIFTS: PATIENT
TRANSFER:
OVERHEAD
TRACK
Guldmann Inc
GH3+ 0000161641 OPERATING CLTN A001-
3478301 508
MX3478301
LIFTS: PATIENT
TRANSFER:
OVERHEAD
TRACK
Guldmann Inc
GH3+ 0000161636 OPERATING CLTN A001A-
3478300 508
MX3478300
LIFTS: PATIENT
TRANSFER:
OVERHEAD
TRACK
Guldmann Inc
GH3+ 0000161631 OPERATING CLTN A004-
3478299 508
MX3478299
LIFTS: PATIENT
TRANSFER:
OVERHEAD
TRACK
Guldmann Inc
GH3+ 0000161627 OPERATING CLTN A006-
3478298 508
MX3478298
LIFTS: PATIENT
TRANSFER:
OVERHEAD
TRACK
Guldmann Inc
GH3+ 0000161624 OPERATING CLTN A010-
3478297 508
MX3478297
LIFTS: PATIENT
TRANSFER:
OVERHEAD
TRACK
Guldmann Inc
GH3+ 0000161618 OPERATING CLTN B001-
3478296 508
MX3478296
LIFTS: PATIENT
TRANSFER:
OVERHEAD
Guldmann Inc
GH3+ 0000161610 OPERATING CLTN B002A-
TRACK
3478295 508
MX3478295
LIFTS: PATIENT
TRANSFER:
OVERHEAD
TRACK
Guldmann Inc
GH3+ 0000161608 OPERATING CLTN B007A-
3478294 508
MX3478294
LIFTS: PATIENT
TRANSFER:
OVERHEAD
TRACK
Guldmann Inc gh3+ 0000161607 OPERATING CLTN B002-
3478293 508
MX3478293
LIFTS: PATIENT
TRANSFER:
OVERHEAD
TRACK
Guldmann Inc
GH3+ 0000161646 OPERATING CLTN A007A-
3478292 508
MX3478292
LIFTS: PATIENT
TRANSFER:
OVERHEAD
TRACK
Guldmann Inc
GH3+ 0000161644 OPERATING CLTN A005A-
3478291 508
MX3478291
LIFTS: PATIENT
TRANSFER:
OVERHEAD
TRACK
Guldmann Inc
GH3+ 0000161638 OPERATING CLTN A003-
3478290 508
MX3478290
LIFTS: PATIENT
TRANSFER:
OVERHEAD
TRACK
Guldmann Inc
GH3+ 0000161659 OPERATING CLTN C001-
3478289 508
MX3478289
LIFTS: PATIENT
TRANSFER:
OVERHEAD
TRACK
Guldmann Inc
GH3+ 0000161649 OPERATING CLTN A006A-
3478288 508
MX3478288
LIFTS: PATIENT
TRANSFER:
OVERHEAD
TRACK
Guldmann Inc
GH3+ 0000161639 OPERATING CLTN A003A-
3478287 508
MX3478287
LIFTS: PATIENT
TRANSFER:
OVERHEAD
TRACK
Guldmann Inc
GH3+ 0000161619 OPERATING CARROLLTON
3478286 508
MX3478286
LIFTS: PATIENT
TRANSFER:
OVERHEAD
TRACK
Guldmann Inc
GH3+ 0000161616 OPERATING CLTN B003A-
3478285 508
MX3478285
LIFTS: PATIENT
TRANSFER:
OVERHEAD
Guldmann Inc
GH3+ 0000161658 OPERATING CARROLLTON
TRACK
3478284 508
MX3478284
LIFTS: PATIENT
TRANSFER:
OVERHEAD
TRACK
Guldmann Inc
GH3+ 0000161664 OPERATING CLTN D010A-
3478283 508
MX3478283
LIFTS: PATIENT
TRANSFER:
OVERHEAD
TRACK
Guldmann Inc
GH3+ 0000161655 OPERATING CLTN A002A-
3478282 508
MX3478282
LIFTS: PATIENT
TRANSFER:
OVERHEAD
TRACK
Guldmann Inc
GH3+ 0000161647 OPERATING CLTN A007-
3478281 508
MX3478281
LIFTS: PATIENT
TRANSFER:
OVERHEAD
TRACK
Guldmann Inc
GH3+ 0000161640 OPERATING CLTN A001A-
3478280 508
MX3478280
LIFTS: PATIENT
TRANSFER:
OVERHEAD
TRACK
Guldmann Inc
GH3+ 0000161635 OPERATING CLTN A002A-
3478279 508
MX3478279
LIFTS: PATIENT
TRANSFER:
OVERHEAD
TRACK
Guldmann Inc
GH3+ 0000161634 OPERATING CLTN A003A-
3478278 508
MX3478278
LIFTS: PATIENT
TRANSFER:
OVERHEAD
TRACK
Guldmann Inc
GH3+ 0000161633 OPERATING CLTN A002-
3478277 508
MX3478277
LIFTS: PATIENT
TRANSFER:
OVERHEAD
TRACK
Guldmann Inc
GH3+ 0000161632 OPERATING CLTN A008A-
3478276 508
MX3478276
LIFTS: PATIENT
TRANSFER:
OVERHEAD
TRACK
Guldmann Inc
GH3+ 0000161621 OPERATING CLTN A005A-
3478275 508
MX3478275
LIFTS: PATIENT
TRANSFER:
OVERHEAD
TRACK
Guldmann Inc
GH3+ 0000161691 OPERATING CLTN B005-
3478274 508
MX3478274
LIFTS: PATIENT
TRANSFER:
OVERHEAD
Guldmann Inc
GH3+ 0000161667 OPERATING CLTN B010-
TRACK
3478273 508
MX3478273
LIFTS: PATIENT
TRANSFER:
OVERHEAD
TRACK
Guldmann Inc
GH3+ 0000161662 OPERATING CARROLLTON
3478272 508
MX3478272
LIFTS: PATIENT
TRANSFER:
OVERHEAD
TRACK
Guldmann Inc
GH3+ 0000161653 OPERATING CLTN A008-
3478271 508
MX3478271
LIFTS: PATIENT
TRANSFER:
OVERHEAD
TRACK
Guldmann Inc
GH3+ 0000161643 OPERATING CLTN D010-
3478270 508
MX3478270
LIFTS: PATIENT
TRANSFER:
OVERHEAD
TRACK
Guldmann Inc
GH3+ 0000161642 OPERATING CLTN A009-
3478269 508
MX3478269
LIFTS: PATIENT
TRANSFER:
OVERHEAD
TRACK
Guldmann Inc
GH3+ 0000161650 OPERATING CLTN A006-
3478268 508
MX3478268
LIFTS: PATIENT
TRANSFER:
OVERHEAD
TRACK
Guldmann Inc
GH3+ 0000161630 OPERATING CLTN A006-
3478267 508
MX3478267
LIFTS: PATIENT
TRANSFER:
OVERHEAD
TRACK
Guldmann Inc
GH3+ 0000161614 OPERATING CLTN B004A-
3478266 508
MX3478266
LIFTS: PATIENT
TRANSFER:
OVERHEAD
TRACK
Guldmann Inc
GH3+ 0000161615 OPERATING CLTN A009A-
3478265 508
MX3478265
LIFTS: PATIENT
TRANSFER:
OVERHEAD
TRACK
Guldmann Inc
GH3+ 0000161612 OPERATING CLTN B007A-
3478264 508
MX3478264
LIFTS: PATIENT
TRANSFER:
OVERHEAD
TRACK
Guldmann Inc
GH3+ 0000161609 OPERATING CLTN B004-
3478263 508
MX3478263
LIFTS: PATIENT
TRANSFER:
OVERHEAD
Guldmann Inc
GH3+ 0000161661 OPERATING CLTN C002-
TRACK
3478262 508
MX3478262
LIFTS: PATIENT
TRANSFER:
OVERHEAD
TRACK
Guldmann Inc
GH3+ 0000161645 OPERATING CLTN A009A-
3478261 508
MX3478261
LIFTS: PATIENT
TRANSFER:
OVERHEAD
TRACK
Guldmann Inc
GH3+ 0000161629 OPERATING CLTN A005-
3478260 508
MX3478260
LIFTS: PATIENT
TRANSFER:
OVERHEAD
TRACK
Guldmann Inc
GH3+ 0000161689 OPERATING CLTN B005A-
3478259 508
MX3478259
LIFTS: PATIENT
TRANSFER:
OVERHEAD
TRACK
Guldmann Inc
GH3+ 0000161657 OPERATING CARROLLTON
3478258 508
MX3478258
LIFTS: PATIENT
TRANSFER:
OVERHEAD
TRACK
Guldmann Inc
GH3+ 0000161652 OPERATING CLTN A005-
3478257 508
MX3478257
LIFTS: PATIENT
TRANSFER:
OVERHEAD
TRACK
Guldmann Inc
GH3+ 0000161611 OPERATING CLTN A009-
3478256 508
MX3478256
LIFTS: PATIENT
TRANSFER:
OVERHEAD
TRACK
Guldmann Inc
GH3+ 0000161692 OPERATING CLTN B007A-
3478255 508
MX3478255
LIFTS: PATIENT
TRANSFER:
OVERHEAD
TRACK
Guldmann Inc
GH3+ 0000161666 OPERATING CLTN B009-
3478254 508
MX3478254
LIFTS: PATIENT
TRANSFER:
OVERHEAD
TRACK
Guldmann Inc
GH3+ 0000161613 OPERATING CLTN B001A-
V. RECORDS MANAGEMENT CONTRACT LANGUAGE
The following standard items relate to records generated in executing the contract and should be included in a typical Electronic Information Systems (EIS) procurement contract:
1) Citations to pertinent laws, codes and regulations such as 44 U.S.C chapters 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.
2) Contractor shall treat all deliverables under the contract as the property of the U.S.
Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.
3) Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records.
4) Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.
5) Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.
6) The Government Agency owns the rights to all data/records produced as part of this contract.
7) The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.
8) Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].
9) No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.
10) 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, this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.
VI. VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY
LANGUAGE
VA INFORMATION CUSTODIAL LANGUAGE:
a. Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.
b. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.
c. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.
d. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.
SECURITY INCIDENT INVESTIGATION:
a. The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access.
b. To the extent known by the contractor/subcontractor, the contractor/subcontractor’s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant.
c. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement.
d. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.
e. Contractor shall have background investigation initiated.
LIQUIDATED DAMAGES FOR DATA BREACH:
a. Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract.
b. The contractor/subcontractor shall provide notice to VA of a “security incident” as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.
SECURITY CONTROLS COMPLIANCE TESTING:
On a periodic basis, VA, including the Office of Inspector General, reserves the right to evaluate any or all of the security controls and privacy practices implemented by the contractor under the clauses contained within the contract. With 10 working-days’ notice, at the request of the government, the contractor must fully cooperate and assist in a government-sponsored security controls assessment at each location wherein VA information is processed or stored, or information systems are developed, operated, maintained, or used on behalf of VA, including those initiated by the Office of Inspector General. The government may conduct a security control assessment on shorter notice (to include unannounced assessments) as determined by VA in the event of a security incident or at any other time.
TRAINING:
a. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete VA Privacy and Information Security Awareness and Rules of Behavior Training before being granted access to VA information and its systems.
i. Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Rules of Behavior before being granted access to VA information and its systems.
b. The contractor shall provide to the contracting officer and/or the COR a copy of the training certificates and certification of signing the Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.
c. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.
B.2 PRICE/COST SCHEDULE
ITEM INFORMATION
ITEM
NUMBE
R
DESCRIPTION OF
SUPPLIES/SERVIC
ES
QUANTIT
Y
UNI
T UNIT PRICE AMOUNT
1.00 EA ________________
Guldmann 3G Extended Warranty Program Contract Period: Base POP Begin: 09-01-2026 POP End: 08-31-2027
Guldmann 3G Extended Warranty Program Contract Period: Option 1 POP Begin: 09-01-2027 POP End: 08-31-2028
Guldmann 3G Extended Warranty Program Contract Period: Option 2 POP Begin: 09-01-2028 POP End: 08-31-2029
Guldmann 3G Extended Warranty Program Contract Period: Option 3 POP Begin: 09-01-2029 POP End: 08-31-2030
Guldmann 3G Extended Warranty Program Contract Period: Option 4 POP Begin: 09-01-2030 POP End: 08-31-2031
GRAND TOTAL ________________
B.3 DELIVERY SCHEDULE
ITEM
NUMBER SHIPPING INFORMATION QUANTITY
DELIVERY
DATE
0001 SHIP TO: Atlanta VA Medical Center 180 Martin Drive Carrollton , GA 30117 &
1263 Cobb Parkway North Marietta, GA 30062
1.00 POP: 9/1/2026 -
8/31/2027
MARK FOR: TBD
TBD
1.00 POP: 9/1/2027 -
8/31/2028
1.00 POP: 9/1/2028 -
8/31/2029
1.00 POP: 9/1/2029 -
8/31/2030
1.00 POP: 9/1/2030 -
8/31/2031
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:
C.2 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR
2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 90 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.
(End of Clause)
C.3 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL
CONTRACTORS (DEVIATION APR 2026)
(a)Definitions. As used in this clause—
Program participation means membership or participation in, or access or admission to: training, mentoring, or leadership development programs; educational opportunities; clubs; associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.
Racially discriminatory diversity, equity, and inclusion (DEI) activities means disparate treatment based on race or ethnicity in the recruitment, employment (e.g., hiring, promotions), contracting (e.g., vendor agreements), program participation, or allocation or deployment of an entity's resources.
(b) In connection with the performance of work under this contract, the Contractor agrees as follows:
(1) The Contractor will not engage in any racially discriminatory DEI activities;
(2) The Contractor will furnish all information and reports, including providing access to books, records, and accounts, as required by the Contracting Officer, for purposes of ascertaining compliance with this clause;
(3) In the event of the Contractor's or a subcontractor's noncompliance with this clause, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor or subcontractor may be declared ineligible for further Government contracts;
(4) The Contractor will report any subcontractor's known or reasonably knowable conduct that may violate this clause to the Contracting Officer and take any appropriate remedial actions directed by the Contracting Officer; and
(5) The Contractor will inform the Contracting Officer if a subcontractor sues the Contractor and the suit puts at issue, in any way, the validity of this clause.
(6) The Contractor recognizes that compliance with the requirements of this clause are material to the Government's payment decisions for purposes of 31 U.S.C. 3729(b)(4).
(c) The Contractor must include the substance of this clause, including this paragraph (c), in subcontracts at any tier, including those for commercial products and commercial services, except those where the place of delivery or performance is outside the United States.
(End of Clause)
C.4 52.223-23 SUSTAINABLE PRODUCTS (NOV 2025) (DEVIATION)
(a) Definitions. As used in this clause—
Sustainable products means—
(1) A product that contains recovered material designated by the EPA under the Comprehensive Procurement Guidelines (42 U.S.C. 6962) (40 CFR part 247) (https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products).
(2) An energy-efficient product or low standby power device (42 U.S.C. 8259b) (10 CFR part 436, subpart C) (https://www.energy.gov/femp/search-energy-efficient-products, https://www.energystar.gov/products?s=mega, and https://www.energy.gov/femp/low-standby-power-product-list).
(3) A biobased product that meets the content requirements of the USDA under the BioPreferred® program (7 U.S.C. 8102) (7 CFR Part 4270) (https://www.biopreferred.gov/)
(4) A substance identified in the EPA’s Significant New Alternatives Policy (SNAP) program as a safe alternative to an ozone-depleting substance (42 U.S.C. 7671l) (40 CFR part 82, subpart G) (https://www.epa.gov/snap/unacceptable-and-acceptable-substitutes-tables).
(b) Requirements. The Government has identified in the statement of work or elsewhere in the contract the sustainable products that are required during the performance of this contract. The Contractor shall ensure that it provides sustainable products as required by this contract, when the products are—
(1) Delivered to the Government;
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products https://www.energy.gov/femp/search-energy-efficient-products https://www.energystar.gov/products?s=mega https://www.energy.gov/femp/low-standby-power-product-list https://www.energy.gov/femp/low-standby-power-product-list https://www.biopreferred.gov/ https://www.epa.gov/snap/unacceptable-and-acceptable-substitutes-tables
(2)Furnished for use by the Government;
(3) Incorporated into the construction of a public building or public work; or
(c) Furnished for use in performing services under this contract, where the cost of the products is a direct cost to this contract.
(End of Clause)
C.5 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)
(DEVIATION)
(a) Definitions. As used in this clause—
American Security Drone Act-covered foreign entity means an entity included on a list that the Federal Acquisition Security Council (FASC) develops and maintains and publishes in the System for Award Management (SAM) at https://www.sam.gov (section 1822 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.).
Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).
Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.
Covered article, as defined in 41 U.S.C. 4713(k), means:
(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;
(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153);
(3) The processing of information on a Federal…
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