36C24727Q0050.docx
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- Solicitation number
- 36C24727Q0050
About this file
This is a combined synopsis/solicitation and Standard Form 1449 for a Request for Quote (RFQ) issued by the Department of Veterans Affairs, Veterans Health Administration, Veterans Integrated Service Network 7. The solicitation number is 36C24727Q0050, with a response deadline of October 26, 2026, at 10:00 AM Central Time. The acquisition is set-aside exclusively for Service-Disabled Veteran-Owned Small Business (SDVOSB) concerns and is classified under NAICS code 238220 with a small business size standard of $19.0 million. The Product Service Code is N045. The contract is for a firm-fixed-price award and involves providing and installing one compatible steam flow meter (Proline Prowirl F 200, 7F2C1F, DN150 6" or equivalent) and one compatible oxygen analyzer (YOKOGAWA Integral Oxygen Analyzer ZR202G-040-S0A0N-E-T-T-A/Z, 2 in. 150# or equivalent) on Boiler #3 at the Carl Vinson VA Medical Center in Dublin, Georgia. The contractor must provide all necessary fittings, installation labor, programming if necessary, and verification of functionality. The period of performance is 90 calendar days, with payment upon completion of work. A mandatory site visit is scheduled for October 20, 2026, between 10:00 AM and 1:00 PM Eastern Time at Building 29 (Engineering Building). The contracting officer is Sheryl Harris (sheryl.harris5@va.gov), and the site visit must be coordinated with Mr. Payton McGraw (payton.mcgraw@va.gov). Questions must be submitted by October 20, 2026, at 10:00 AM Central Time. All work must comply with applicable local, state, and federal codes; coordinate with the Contracting Officer's Representative; and minimize disruption to medical center operations. The contractor bears full responsibility for any damage to property or boilers, including repair costs and interim operational expenses. Technicians must have completed at least one year of trade school and five years of experience with institutional and industrial boiler plants similar to the facility, with specific experience on Cleaverbrooks boilers preferred. Work hours are normally 7:00 AM to 4:00 PM Monday through Friday, with utility outages requiring after-hours (5:00 PM to 5:00 AM) or weekend scheduling. Security badging requirements apply based on access duration and type. The solicitation incorporates FAR clauses 52.212-1, 52.212-4, and VA-specific clauses including VAAR 852.219-73 (VA Notice of Total Set-Aside for Certified SDVOSB) and VAAR 852.219-75 (Limitations on Subcontracting for Special Trade Contractors), which limits subcontracting to no more than 75% of the amount paid by the government, excluding material costs.
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36C24727Q0050
| SUBJECT* |
| SRVS-SUP Team 1 | Boiler 3 Oxygen Analyzer and Steam Flow Meter | CO: Sheryl Harris; Assn. Date: 09/30/26; EAD: 11/15/26 |
GENERAL INFORMATION
| CONTRACTING OFFICE’S ZIP CODE* |
| 30096 |
| SOLICITATION NUMBER* |
| 36C24727Q0050 |
| RESPONSE DATE/TIME/ZONE |
| 10-26-2026 10:00 am CENTRAL TIME, CHICAGO, USA |
| ARCHIVE |
| 90 DAYS AFTER THE RESPONSE DATE |
| RECOVERY ACT FUNDS |
| N |
| SET-ASIDE |
| SDVOSBC |
| PRODUCT SERVICE CODE* |
| N045 |
| NAICS CODE* |
| 238220 |
| CONTRACTING OFFICE ADDRESS |
| Department of Veterans Affairs |
VISN 7 Network Contracting Office 3 FL Directors Office 3700 Crestwood Parkway Duluth GA 30096
POINT OF CONTACT*
Contract Specialist Sheryl Harris sheryl.harris5@va.gov email only
PLACE OF PERFORMANCE
| ADDRESS |
| Department of Veterans Affairs |
Carl Vinson VA Medical Center
1826 Veterans BLVD
Dublin Georgia
| POSTAL CODE |
| 31021 |
| COUNTRY |
| USA |
ADDITIONAL INFORMATION
AGENCY’S URL
URL DESCRIPTION
AGENCY CONTACT’S EMAIL ADDRESS
EMAIL DESCRIPTION
DESCRIPTION
This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with part 13. This announcement constitutes this being the only solicitation. Offers are being requested and a separate written solicitation will not be issued.
Solicitation number 36C24727Q0500 is issued as a Request for Quote (RFQ), for Steam Flow Meter and Oxygen Analyzer for Carl Vinson VA Medical Center. This acquisition is set-aside for Service-disabled veteran-owned small business (SDVOSB) concerns. The North American Industry Classification System (NAICS) code 238220 is assigned to this requirement with a small business size standard of $19.0 million. The FSC/PSC is N045.
The Department of Veterans Affairs, Carl Vinson VAMC located at 1826 Veterans BLVD Dublin, GA 31021, to provide and install a new steam flow meter and oxygen meter on Boiler #3 within the Boiler Plant (Building 27) which is outlined in the Statement of Work.
The statement of work, line-item descriptions, and period of performance, applicable terms and conditions, and instructions to offerors are all specified in the attachments.
Interested parties are encouraged to review this entire solicitation, including all attachments before responding to this solicitation.
This solicitation incorporates provisions and clauses by reference. The full text of provisions and clauses may be accessed electronically at www.acquisition.gov and www.acquisition.gov/vaar.
Questions regarding this combined synopsis/solicitation must be e-mailed to Sheryl Harris, sheryl.harris5@va.gov no later than 10:00 AM CT, October 20, 2026.
Site Visit will be conducted on October 20, 2026, between the hours of 10:00 am to 1:00 pm eastern standard time. Please schedule your site visit with Mr. Payton McGraw @ payton.mcgraw@va.gov. Site visit attendees will be meeting at building 29 (engineering building) at their scheduled time.
Deadlines: Quotes must be submitted via e-mail to Sheryl Harris at sheryl.harris5@va.gov, and received no later than 10:00 AM CT, on October 26, 2026.
See attached document: PWS and Terms 36C24727Q0500.
See attached document: Price Cost Schedule Template.
See attached document: Past Performance Template.
Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice
| *= Required Field |
| Combined Synopsis/Solicitation Notice |
Combined Synopsis/Solicitation Notice
PAGE 1 OF
1. REQUISITION NO.
2. CONTRACT NO.
3. AWARD/EFFECTIVE DATE
4. ORDER NO.
5. SOLICITATION NUMBER
6. SOLICITATION ISSUE DATE
a. NAME
b. TELEPHONE NO. (No Collect Calls)
8. OFFER DUE DATE/LOCAL
TIME
9. ISSUED BY
CODE
10. THIS ACQUISITION IS
UNRESTRICTED OR
SET ASIDE:
% FOR:
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
8(A)
NAICS:
SIZE STANDARD:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
RFQ
IFB
RFP
15. DELIVER TO
CODE
16. ADMINISTERED BY
CODE
17a. CONTRACTOR/OFFEROR
CODE
FACILITY CODE
18a. PAYMENT WILL BE MADE BY
CODE
TELEPHONE NO.
UEI:
EFT:
PHONE:
FAX:
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED
SEE ADDENDUM
19.
20.
21.
22.
23.
24.
ITEM NO.
SCHEDULE OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA
26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
ARE
ARE NOT ATTACHED.
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
ARE
ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________
29. AWARD OF CONTRACT: REF. ___________________________________ OFFER
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
DATED ________________________________. YOUR OFFER ON SOLICITATION
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED
SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
(REV. NOV 2021)
PREVIOUS EDITION IS NOT USABLE
Prescribed by GSA - FAR (48 CFR) 53.212
7. FOR SOLICITATION
INFORMATION CALL:
STANDARD FORM 1449
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
36C24727Q0050 10-16-2026 Sheryl Harris email only 10-26-2026 10:00 am
CDT
Department of Veterans Affairs VISN 7 Network Contracting Office 3 FL Directors Office 3700 Crestwood Parkway Duluth GA 30096 X X 238220 $19 Million N/A X
Department of Veterans Affairs VISN 7 Network Contracting Office 3 FL Directors Office 3700 Crestwood Parkway Duluth GA 30096
Austin Payment Center Department of Veteran Affairs PO Box 149971 Austin TX 78714-8971
(877) 353-9791
(512) 460-5545 See CONTINUATION Page See CONTINUATION Page X Gail Bargaineer Page 1 of Table of Contents
| SECTION A | 4 |
| A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES | 4 |
| SECTION B - CONTINUATION OF SF 1449 BLOCKS | 6 |
| B.1 CONTRACT ADMINISTRATION DATA | 6 |
| B.2 PRICE/COST SCHEDULE ITEM INFORMATION | 11 |
| B.3 DELIVERY SCHEDULE | 11 |
| SECTION C - CONTRACT CLAUSES | 11 |
| C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION) | 11 |
| C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) | 17 |
| C.3 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014) | 17 |
| C.4 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS (DEVIATION APR 2026) | 17 |
| C.5 52.223-23 SUSTAINABLE PRODUCTS (NOV 2025) (DEVIATION) | 18 |
| C.6 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025) (DEVIATION) | 19 |
| C.7 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION) | 28 |
| C.8 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION) | 31 |
| C.9 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 33 |
| SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS | 34 |
| SECTION E - SOLICITATION PROVISIONS | 34 |
| E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION) | 34 |
| E.2 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION) | 36 |
| E.3 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND CERTIFICATIONS (NOV 2025) (DEVIATION) | 36 |
| E.4 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 40 |
| E.5 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION) | 41 |
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
1. Contract Administration: All contract administration matters will be handled by the following individuals:
a. CONTRACTOR:
b. GOVERNMENT: Contracting Officer 36C247 Department of Veterans Affairs VISN 7 Network Contracting Office 3 FL Directors Office 3700 Crestwood Parkway Duluth GA 30096
2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
| [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] payment received upon completion of work |
4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.
ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
| AMENDMENT NO |
| DATE |
Statement of Work Boiler #3 New Steam Flow Meter and Oxygen Analyzer Installation Scope:
This statement of work defines the requirements for a contractor to provide and install a new steam flow meter and oxygen meter on Boiler #3 within the Boiler Plant (Building 27) at the Carl Vinson VA Medical Center (CVVAMC). All work must be in accordance with applicable local, state, and federal codes, rules, and regulations. Impact shall be minimized and mitigated in a way that limits disruption to the functioning of the Medical Center. Scheduling and coordination with the CVVAMC will be critical and must be coordinated and approved by the Contracting Officer’s Representative (COR).
The work shall include:
| 1. | Provision of one compatible steam flow meter (Proline Prowirl F 200, 7F2C1F, DN150 6” or equivalent) |
| 2. | Provision of one compatible oxygen analyzer (YOKOGAWA Integral Oxygen Analyzer ZR202G-040-S0A0N-E-T-T-A/Z, 2 in. 150# or equivalent) |
| 3. | Provision of all necessary fittings required for installation |
| 4. | Installation (and programming if necessary) of above devices on Boiler #3 |
| 5. | Verification of functionality of newly installed devices |
The equipment information for Boiler #3 is as follows:
Boiler #3: Cleaverbrooks 4WI-200-500-200ST Fire Tube Boiler 200 PSI design pressure; 17,200 lb/hr capacity The vendor will provide all supervision, labor, equipment, and materials needed to complete work for this service contract per the provided attachments, specifications, and this SOW as applicable. All work must be in accordance with applicable local, state, and federal codes, rules, and regulations. Impact shall be minimized and mitigated in a way that limits disruption to the functioning of the Medical Center. If any damage occurs to the property, building, or boilers, it will be the responsibility of the contractor to bear the costs for repairs and interim costs for maintaining medical center operations. Scheduling and coordination with the CVVAMC will be critical and must be coordinated and approved by Contracting Officer’s Representative (COR).
Equipment Information:
Boiler #3: Cleaverbrooks 4WI-200-500-200ST Fire Tube Boiler 200 PSI design pressure; 17,200 lb/hr capacity Technician Qualifications:
Technicians shall have completed at least one-year trade school and have five years of successful experience in this field. The experience shall be largely with institutional and industrial boiler plants similar in design to the CVVAMC plant. Additional experience with Cleaverbrooks boilers required. The CVVAMC facility manager/engineer may define and accept equivalent qualifications.
General Requirements:
Employees of the contractor and sub-contractors shall always conduct themselves in a professional manner while on medical center property. The vendor shall ensure all personnel working on this contract are aware of Medical Center rules pertaining to employee behavior and conduct.
Physical or verbal misconduct may be grounds for removing employees from Medical Center property, or grounds for arrest by the VA Police. Employees may be banned from Medical Center property as a result of inappropriate or illegal behavior. The vendor shall not be entitled to any compensation from the Government for any costs resulting from employee misconduct (including, but not limited to, delays in contract completion) and may be held liable for costs incurred by the Government as a result of employee misconduct.
The VA will not be responsible for storage of equipment, materials, or tools.
It is the vendor’s responsibility to properly assess the working conditions and include in the bid any specialty equipment, training, additional time, personnel, or safety equipment to perform the work safely and in compliance with all applicable local, State, and Federal regulations.
If any damage is made to the property, building, or boilers and associated equipment, by the vendor, the vendor is fully responsible for bearing the costs of repair and interim costs for maintaining medical center operations. If the vendor causes damage or introduces debris into the facility’s steam lines, the vendor will be responsible for the cost of repair.
Hours of Work:
Normal working hours are 0700 – 1600 Monday to Friday, except for federal holidays. Preparation can be done during these hours. To reduce patient impact, all work that requires a utility outage will need to take place during afterhours (1700 – 0500) or during weekends. All work started shall be completed and the work area(s) ready for full operations no later than 0500 the following day, unless otherwise coordinated with the COR. All schedules and work hours shall be requested, coordinated, and approved through the COR.
Security Requirements:
Badging must be secured prior to any contractor beginning work on the premises. The Contractor will determine the type of badge required for their contractor(s) based on the following criteria:
| a) | If contractor requires escorted access to CV VAMC for more than 15 days and less than 180 days, they will require a Flash Badge. The escort can be anyone with a Non-PIV or PIV badge. |
| b) | If contractor requires unescorted access to CV VAMC for more than 15 days and less than 180 days, they will require a Non-Personal Identity Verification (PIV) Badge. |
| c) | If contractor requires unescorted access to CV VAMC for more than 180 days, they will require a PIV Badge. |
Prior to receiving sponsorship for a badge, all contractors must complete Contractor Safety Training through the Safety Service. Training occurs every other Wednesday in the Engineering Conference Room (G206). Procedures for acquiring the appropriate identification badge for a contractor are identified below.
| 1) | Visitor Badges will be issued by the Personal Identity Verification (PIV) Manager, Engineering Service, to the contractor at the time of use. Visitor Badges are valid only on the day of issue, and a new Visitor Badge must be issued for any subsequent visit. |
| 2) | Flash, Non-PIV, and PIV Badges will be issued by the PIV Office in Human Resources. These badges will be issued following sponsorship and credentialing procedures detailed below: |
| a. | The COR will initiate the process for Flash, Non-PIV, and PIV Badges by submitting a request to the PIV Manager to complete Form OMB No. 2900-0673, Request for Personal Identity Verification Card, for the contractor requiring a badge. |
| b. | For Flash and Non-PIV Badges, the COR will ensure that the contractor is appropriately sponsored by the PIV Manager, who will sponsor the contractor by certifying the completed Form OMB No. 2900-0673 (in Section 3), establishing the need for a credential to be issued to the contractor. |
| c. | For PIV Badges, the COR will serve as the sponsor by certifying the completed Form OMB No. 2900-0673 (in Section 3), establishing the need for a credential to be issued to the contractor. |
| d. | The PIV Manager will request the following information from the contractor for completion of the Form OMB No. 2900-0673: Legal name, Date of birth, SSN, Job title, name of firm/company, sex, race, height, weight, eye color, hair color, place of birth, certificate of completion for RHJVAMC Contractor Safety Training (required to be completed annually) and Certificate of completion for the OSHA 10-hour Construction Safety Training or the OSHA 30-hour Construction Safety Training. |
| e. | The PIV Manager will validate completed training and sponsor the contractor by submitting the completed form to the Police Service (PIV Office). |
| 3) | The COR will provide the contractor with instructions for completing their required background investigation, if applicable. |
| 4) | Once HR has received all required documentation, they will issue the appropriate badge to the contractor. |
Safety:
When working inside the Boiler Plant the vendor shall follow all relevant safety protocols and shall provide and wear proper Personal Protective Equipment as required by the VHA.
Reference Materials:
The vendor is responsible for gaining access to the following reference materials:
| • | NFPA 85, Boiler and Combustion Systems Hazards Code |
| • | VHA Boiler Plant Safety Device Testing Manual, 8th or Latest Edition |
| • | VHA Directive 1810, Boiler and Boiler Plant Safety |
| • | Lock-Out, Tag-Out Policy |
Parking/Laydown Area:
The Contractor shall make arrangements for parking. At no time shall vehicles be parked on roadways, patient parking areas, the loading dock, etc. Coordinate use of the loading dock for loading/unloading material with the COR. Materials shall not be deposited on the loading dock for any length of time.
Utility Shutdowns:
The Contractor must coordinate and request a shutdown with the VA prior to shutting down or interrupting any utility system. The Contractor shall provide a minimum of 21 calendar days of notice for a utility shutdown. The Contractor shall make every effort possible to reduce the amount and duration of impacts of utility shutdowns. Requests to shutdown utilities are dependent upon the Medical Center’s ability to maintain normal operations. Should a request be denied due to clinical needs, the COR shall inform the contractor of alternate dates and times that meet the Medical Center’s needs. Before initiating any work or portion thereof, a specific work plan, which is to include procedures to be used on and near the energized electrical equipment, barriers to be installed, safety equipment to be provided and exit paths identified shall be developed. This plan shall be reviewed by CVVAMC staff and documented.
Period of Performance:
Period of performance shall be ninety (90) calendar days. Hospital operations shall take priority. Vendor shall do everything feasible to ensure the continuation of hospital operations/utilities.
Evaluation Criteria:
1. Does the proposal demonstrate the ability to meet all requirements in the Statement of Work?
2. Does the vendor propose a compatible steam flow meter with specs equivalent to the listed device.
3. Does the vendor propose a compatible oxygen analyzer with specs equivalent to the listed device.
B.2 PRICE/COST SCHEDULE ITEM INFORMATION
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1.00 |
| JB |
| __________________ |
| __________________ |
The vendor shall provide and install a new steam flow meter and oxygen analyzer on Boiler #3 at the Carl Vinson VA Medical Center. Vendor shall verify functionality of devices after installation. POP: 90 days
| GRAND TOTAL |
| __________________ |
B.3 DELIVERY SCHEDULE
| ITEM NUMBER |
| SHIPPING INFORMATION |
| QUANTITY |
| DELIVERY DATE |
1.00
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 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.
(End of Clause)
C.3 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)
In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5332.
This Statement is for Information Only:
It is not a Wage Determination
| Employee Class |
| Monetary Wage-Fringe Benefits |
(End of Clause) C.4 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.5 52.223-23 SUSTAINABLE PRODUCTS (NOV 2025) (DEVIATION)
(a) Definitions. As used in this clause— Sustainable products means—
(1) A product that contains recovered material designated by the EPA under the Comprehensive Procurement Guidelines (42 U.S.C. 6962) (40 CFR part 247) (https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products).
(2) An energy-efficient product or low standby power device (42 U.S.C. 8259b) (10 CFR part 436, subpart C) (https://www.energy.gov/femp/search-energy-efficient-products, https://www.energystar.gov/products?s=mega, and https://www.energy.gov/femp/low-standby-power-product-list).
(3) A biobased product that meets the content requirements of the USDA under the BioPreferred® program (7 U.S.C. 8102) (7 CFR Part 4270) (https://www.biopreferred.gov/)
(4) A substance identified in the EPA’s Significant New Alternatives Policy (SNAP) program as a safe alternative to an ozone-depleting substance (42 U.S.C. 7671l) (40 CFR part 82, subpart G) (https://www.epa.gov/snap/unacceptable-and-acceptable-substitutes-tables).
(b) Requirements. The Government has identified in the statement of work or elsewhere in the contract the sustainable products that are required during the performance of this contract. The Contractor shall ensure that it provides sustainable products as required by this contract, when the products are—
(1) Delivered to the Government;
(2)Furnished for use by the Government;
(3) Incorporated into the construction of a public building or public work; or
(c) Furnished for use in performing services under this contract, where the cost of the products is a direct cost to this contract.
(End of Clause)
C.6 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025) (DEVIATION)
(a) Definitions. As used in this clause— American Security Drone Act-covered foreign entity means an entity included on a list that the Federal Acquisition Security Council (FASC) develops and maintains and publishes in the System for Award Management (SAM) at https://www.sam.gov (section 1822 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.).
Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).
Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.
Covered article, as defined in 41 U.S.C. 4713(k), means:
(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;
(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153);
(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or
(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.
Covered foreign country means The People’s Republic of China.
Covered telecommunications equipment or services means—
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);
(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or
(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
Critical technology means—
(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;
(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled—
(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or
(ii) For reasons relating to regional stability or surreptitious listening;
(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);
(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);
(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or
(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).
FASC-prohibited unmanned aircraft system means an unmanned aircraft system manufactured or assembled by an American Security Drone Act—covered foreign entity.
FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring removing covered articles from executive agency information systems or excluding one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201-1.303(d) and (e):
(1) The Secretary of Homeland Security may issue FASCSA orders that apply to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.
(2) The Secretary of Defense may issue FASCSA orders that apply to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.
(3) The Director of National Intelligence (DNI) may issue FASCSA orders that apply to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.
Information technology, as defined in 40 U.S.C. 11101(6)—
(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—
(i) Of that equipment; or
(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;
(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but
(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.
Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—
(1) The Office of the Director of National Intelligence;
(2) The Central Intelligence Agency;
(3) The National Security Agency;
(4) The Defense Intelligence Agency;
(5) The National Geospatial-Intelligence Agency;
(6) The National Reconnaissance Office;
(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;
(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;
(9) The Bureau of Intelligence and Research of the Department of State;
(10) The Office of Intelligence and Analysis of the Department of the Treasury;
(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or
(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.
Interconnection arrangement means arrangements governing the physical connection of two or more networks to allow the use of another’s network to hand off traffic where it is ultimately delivered (e.g., connecting a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.
Kaspersky Lab-covered article means any hardware, software, or service that—
(1) Is developed or provided by a Kaspersky Lab-covered entity;
(2) Includes any hardware, software, or service developed or provided in whole or in part by a Kaspersky Lab-covered entity; or
(3) Contains components using any hardware or software developed in whole or in part by a Kaspersky Lab-covered entity.
Kaspersky Lab-covered entity means—
(1) Kaspersky Lab;
(2) Any successor entity to Kaspersky Lab, including any change in name, e.g., “Kaspersky”;
(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or
(4) Any entity of which Kaspersky Lab has a majority ownership.
National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency—
(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or
(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.
Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.
Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.
Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information.
Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.
Subsidiary means an entity in…
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