36C24826Q0146 negative Air Pressure testing Services.pdf

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H165--Air Pressure Testing Services
Solicitation number
36C24826Q0146
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This is a Combined Synopsis/Solicitation (RFQ) for commercial services issued by the Department of Veterans Affairs Network Contracting Office (NCO) 8 in Gainesville, Florida. The solicitation procures bi-annual Negative Air Pressure Testing Services for the North Florida/South Georgia Veterans Health System on a firm-fixed-price basis. The contract covers seven VA facilities: Malcolm Randall VAMC (210 rooms), Lake City VAMC (50 rooms), Gainesville Dermatology Clinic (2 rooms), Gainesville Pain Clinic (2 rooms), The Villages OPC (20 rooms), Tallahassee OPC (25 rooms), and Jacksonville OPC (45 rooms). The contractor must perform air change measurements and calculations, determine differential pressure relationships, and deliver results in CSV spreadsheet format documenting location, room number, use type, measurements, calculations, required air changes, pressure relationships, and pass/fail compliance. Contractor qualifications require valid NEBB Professional Certification, professional/technical experience, and calibrated equipment with NIST-traceable certificates. Work scheduling is strictly controlled: operating rooms during 1700-2200 hours or weekends; isolation rooms during 0800-1600 hours Monday-Friday; storage rooms during 0800-1600 Monday-Friday; and sterile processing spaces during 0700-1000 Monday-Friday or weekends. All OSHA safety regulations apply.

The solicitation is a 100% set-aside for Service-Disabled Veteran-Owned Small Businesses (SDVOSBs) under NAICS code 541990 with PSC H165. The contract period is base year June 18, 2026 to June 17, 2027, with four one-year options extending through June 17, 2031. Each line item represents two job orders (2.00 JB) per facility per year. Quotes are due electronically by May 1, 2026 at 12:00 PM Eastern Time to Cesar.SanchezAmaro@va.gov. A mandatory site visit is scheduled for April 23, 2026 at 10:00 AM at Gainesville VAMC with check-in at the Bed Tower lobby; late arrivals will not be permitted. Questions must be submitted by April 24, 2026 at 12:00 PM Eastern Time via email only, with responses posted on SAM.gov. Evaluation factors emphasize technical capability and performance quality over price. All quoters must be registered and active in SAM.gov at time of award. Invoicing is semi-annual in arrears after service rendering, inspection, and acceptance, submitted electronically to the VA Financial Services Center in Austin, Texas. The contract includes Davis-Bacon wage determination requirements for multiple Florida counties.

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36C24826Q0146

This is a Combined Synopsis/Solicitation for commercial services prepared in accordance with the streamlined procedures of FAR Part 12 (Commercial Products and Commercial Services).

This announcement constitutes the only solicitation. Quotes are being requested, and no separate written solicitation will be issued. This solicitation is issued as a 100% set-aside for Service-Disabled Veteran-Owned Small Businesses (SDVOSBs) under NAICS 541990.

This solicitation is issued as a Request for Quotation (RFQ). All clauses are current through the Federal Acquisition Circular (FAC) 2026-01 March 13, 2026.

Description:

The Department of Veterans Affairs intends to award a firm-fixed-price contract for the procurement of Negative Air Pressure Testing Services.

General Information:

Contracting Office:

Department of Veterans Affairs Network Contracting Office (NCO) - 8 Sun Center 235 N. Main St Suite 106 Gainesville FL 32601

Contracting Officer:

Cesar O. Sanchez-Amaro Email: Cesar.SanchezAmaro@va.gov Phone: 407-403-2932

Site Visit Notification:

A site visit is scheduled to take place on Thursday April 23, 2026, 10:00 AM Eastern Time. The location of the site visit is the Gainesville VA Medical Center, located at 1601 Southwest Archer Road Gainesville, FL 32608.

Check-In Location: Lobby of the Bed Tower 1st Floor.

Please plan to arrive promptly, as parking is limited at the Gainesville VAMC facility. The site visit will begin at the scheduled time. Late arrivals may not be permitted to participate. Upon arrival, all attendees must check in with the Contracting Officer Representative (COR) and sign the attendance sheet.

This site visit will provide potential offerors an opportunity to inspect the site and gather pertinent information. Attendance is not mandatory but highly encouraged.

Vendor Questions:

All questions shall be submitted via email only to: Cesar.SanchezAmaro@va.gov. no later than Friday April 24, 2026, 12:00 PM Eastern Time.

Responses to questions will be posted on SAM.gov for visibility to all interested parties.

No phone call questions will be accepted at any time.

Quote Submission Instructions:

Offerors shall submit their quotes via email only to: Cesar.SanchezAmaro@va.gov. Quotes are due no later than: Friday May 1, 2026, 12:00 PM Eastern Time.

All quoters must be fully registered and active in SAM.gov at the time of award in accordance with applicable FAR requirements.

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF WORK

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

B.4 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 2023)

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

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 26

C.4 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

C.5 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

C.6 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

C.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.8 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 41

C.9 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (OCT 2025) (DEVIATION FEB 2025)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 WAGE DETERMINATION

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.2 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

E.3 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)

E.4 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS

AND CERTIFICATIONS (NOV 2025) (DEVIATION)

E.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION

FEB 2025)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C248 Cesar O. Sanchez-Amaro Cesar.SanchezAmaro@va.gov

Department of Veterans Affairs Network Contracting Office 8 (NCO 8)

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] Semi-annually, after service is rendered, inspected and accepted by the government.

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.

Department of Veterans Affairs Financial Services Center

P.O. Box 149971 Austin TX 78714-9971

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

AMENDMENT NO DATE

B.2 STATEMENT OF WORK

Background:

The North Florida/South Georgia Veterans Health System has a requirement to bi-annually measure and verify the required air changes and differential air pressure of numerous rooms (i.e., Operating Rooms, isolation rooms (aka Negative Pressure Rooms), sterile supply storage, sterile supply processing, Re-usable Medical Equipment (RME) cleaning and storage rooms) and document compliance with JAHCO, Infection Control and CDC procedures and directives.

Objective:

A qualified contractor must be brought in to: Perform bi-annual air change measurements and calculations to determine the number of air changes per hour and differential pressure relationships with adjacent spaces for negative pressure or positive pressure rooms and provide a report in spreadsheet format (CSV file).

Scope of Work:

• Coordinate all work with the Contracting Officers Representative (COR)

• Measure all rooms to determine volume (LxWxH) in cubic feet

• Measure supply air volume – in Cubic Feet per Minute (CFM)

• Measure return air or exhaust air volume – CFM

• Calculate air changes per hour

• Determine if room is positive (+0.01In. W.C. minimum) or negative (-0.01In. W.C.

minimum)

• Number of rooms:

o Malcolm Randall VAMC - 210 o Gainesville Dermatology Clinic - 2 o Gainesville Pain Clinic - 2 o Lake City VAMC - 50 o The Villages OPC - 20 o Tallahassee OPC - 25 o Jacksonville OPC – 45

• Deliverables: provide a report in spreadsheet (CSV file) format showing: location, room number, use/type, measurements, calculations, required number of air changes, pressure relationships and pass/fail air changes and differential pressure.

Qualifications/Certifications

• The contractor shall have a valid NEBB Professional Certification.

• The contractor must be qualified and have the required levels of professional and technical experience to perform the work required by this statement of work.

• Equipment utilized must be calibrated with NIST traceable certificates.

Safety Regulations

• All OSHA safety regulations shall be observed during the project.

• The VA Safety Officer shall have full authority to see that the contractor obeys all safety rules and regulations relative to the fulfillment of this project.

• Provide the necessary barricades/signage where required.

Scheduling and Hours of Work

• All work in areas involved shall be scheduled with the COR.

• Work in Operating Rooms will have to be done after all cases are complete 1700 – 2200 or on the weekends when not in use.

• Work in isolation rooms will have to be completed when they are not in use – on first shift, Monday thru Friday, 0800 – 1600.

• Storage rooms - on first shift, Monday thru Friday, 0800 – 1600

• Sterile Processing spaces – 0700-1000 Monday thru Friday or on the weekends.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2.00 JB __________________ __________________

BI-ANNUAL NEGATIVE AIR PRESSURE TESTING SERVICE

Contract Period: Base POP Begin: 06-18-2026 POP End: 06-17-2027 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientific, and Technical Services PRODUCT/SERVICE CODE: H165 – Quality Control – Medical, Dental, and Veterinary Equipment and Supplies

Contract Period: Base POP Begin: 06-18-2026 POP End: 06-17-2027 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientific, and Technical Services

Contract Period: Base POP Begin: 06-18-2026 POP End: 06-17-2027 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientific, and Technical Services

Contract Period: Base POP Begin: 06-18-2026 POP End: 06-17-2027 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientific, and Technical Services

Contract Period: Base POP Begin: 06-18-2026 POP End: 06-17-2027 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientific, and Technical Services

Contract Period: Base POP Begin: 06-18-2026 POP End: 06-17-2027 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientific, and Technical Services

Contract Period: Base POP Begin: 06-18-2026 POP End: 06-17-2027 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientific, and Technical Services

Contract Period: Option 1 POP Begin: 06-18-2027 POP End: 06-17-2028 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientific, and Technical Services

Contract Period: Option 1 POP Begin: 06-18-2027 POP End: 06-17-2028 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientific, and Technical Services

Contract Period: Option 1 POP Begin: 06-18-2027 POP End: 06-17-2028 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientific, and Technical Services

Contract Period: Option 1 POP Begin: 06-18-2027 POP End: 06-17-2028 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientific, and Technical Services

Contract Period: Option 1 POP Begin: 06-18-2027 POP End: 06-17-2028 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientific, and Technical Services

Contract Period: Option 1 POP Begin: 06-18-2027 POP End: 06-17-2028 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientific, and Technical Services

Contract Period: Option 1 POP Begin: 06-18-2027 POP End: 06-17-2028 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientific, and Technical Services

Contract Period: Option 2 POP Begin: 06-18-2028 POP End: 06-17-2029 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientific, and Technical Services

Contract Period: Option 2 POP Begin: 06-18-2028 POP End: 06-17-2029

PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientific, and Technical Services PRODUCT/SERVICE CODE: H165 – Quality Control – Medical, Contract Period: Option 2 POP Begin: 06-18-2028 POP End: 06-17-2029 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientific, and Technical Services

Contract Period: Option 2 POP Begin: 06-18-2028 POP End: 06-17-2029 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientific, and Technical Services

Contract Period: Option 2 POP Begin: 06-18-2028 POP End: 06-17-2029 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientific, and Technical Services

Contract Period: Option 2 POP Begin: 06-18-2028 POP End: 06-17-2029 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientific, and Technical Services

Contract Period: Option 2 POP Begin: 06-18-2028 POP End: 06-17-2029 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientific, and Technical Services

Contract Period: Option 3 POP Begin: 06-18-2029 POP End: 06-17-2030 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientific, and Technical Services

Contract Period: Option 3 POP Begin: 06-18-2029 POP End: 06-17-2030 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientific, and Technical Services

Contract Period: Option 3 POP Begin: 06-18-2029 POP End: 06-17-2030 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientific, and Technical Services

Contract Period: Option 3 POP Begin: 06-18-2029 POP End: 06-17-2030 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientific, and Technical Services

Contract Period: Option 3 POP Begin: 06-18-2029 POP End: 06-17-2030 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientific, and Technical Services

Contract Period: Option 3

POP Begin: 06-18-2029 POP End: 06-17-2030 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientific, and Technical Services

Contract Period: Option 3 POP Begin: 06-18-2029 POP End: 06-17-2030 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientific, and Technical Services

Contract Period: Option 4 POP Begin: 06-18-2030 POP End: 06-17-2031 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientific, and Technical Services

Contract Period: Option 4 POP Begin: 06-18-2030 POP End: 06-17-2031 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientific, and Technical Services

Contract Period: Option 4 POP Begin: 06-18-2030 POP End: 06-17-2031 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientific, and Technical Services

Contract Period: Option 4 POP Begin: 06-18-2030 POP End: 06-17-2031 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientific, and Technical Services

Contract Period: Option 4 POP Begin: 06-18-2030 POP End: 06-17-2031 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientific, and Technical Services

Contract Period: Option 4 POP Begin: 06-18-2030 POP End: 06-17-2031 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientific, and Technical Services

Contract Period: Option 4 POP Begin: 06-18-2030 POP End: 06-17-2031 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientific, and Technical Services

GRAND TOTAL __________________

B.4 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY POP

0001 SHIP TO: Department Of Veterans Affairs Malcom Randall VA Medical Center 1601 Sw Archer Road Gainesville, FL 32608 1197

USA

2.00 06-18-2026 to 06-17-2027

FOB: DESTINATION

0002 SHIP TO: Department Of Veterans Affairs Gainesville Dermatolgy Clinic 5571 Southwest 64th Street Gainesville, FL 32608 9608

0003 SHIP TO: Department Of Veterans

Gainesville Pain Clinic 3401 Northwest 98th Street Gainesville, FL 32605 5010

0004 SHIP TO: Department of Veterans

The Villages VA OPC 8900 Southeast 165th Mulberry Lane The Villages, FL 32162 5884

0005 SHIP TO: Department of Veterans

Lake City VA Medical Center 619 S Marion Ave Lake City, FL 32025 5808

0006 SHIP TO: Department of Veteran Affairs Tallahassee VA OPC 2181 East E Orange Ave

Tallahassee, FL 32311 6144

0007 SHIP TO: Department of Veteran Affairs Jacksonville VA OPC 1536 North Jefferson Street Jacksonville, FL 32209 6525

1001 SHIP TO: Department Of Veterans

Malcom Randall VA Medical Center 1601 Sw Archer Road

2.00 06-18-2027 to 06-17-2028

1002 SHIP TO: Department Of Veterans

Gainesville Dermatolgy Clinic 5571 Southwest 64th Street

1003 SHIP TO: Department Of Veterans

Gainesville Pain Clinic 3401 Northwest 98th Street

1004 SHIP TO: Department of Veterans

The Villages VA OPC 8900 Southeast 165th Mulberry Lane

1005 SHIP TO: Department of Veterans

Lake City VA Medical Center 619 S Marion Ave Lake City, FL 32025 5808

USA

1006 SHIP TO: Department of Veteran Affairs

2181 East E Orange Ave

1007 SHIP TO: Department of Veteran Affairs

1536 North Jefferson Street

2001 SHIP TO: Department Of Veterans

Malcom Randall VA Medical Center 1601 Sw Archer Road

2.00 06-18-2028 to 06-17-2029

2002 SHIP TO: Department Of Veterans

Gainesville Dermatolgy Clinic 5571 Southwest 64th Street

2003 SHIP TO: Department Of Veterans

Gainesville Pain Clinic 3401 Northwest 98th Street

2004 SHIP TO: Department of Veterans

The Villages VA OPC 8900 Southeast 165th Mulberry Lane

2005 SHIP TO: Department of Veterans Affairs Lake City VA Medical Center 619 S Marion Ave

2006 SHIP TO: Department of Veteran Affairs

2181 East E Orange Ave

2007 SHIP TO: Department of Veteran Affairs

1536 North Jefferson Street

3001 SHIP TO: Department Of Veterans

Malcom Randall VA Medical Center 1601 Sw Archer Road

2.00 06-18-2029 to 06-17-2030

3002 SHIP TO: Department Of Veterans

Gainesville Dermatolgy Clinic 5571 Southwest 64th Street

3003 SHIP TO: Department Of Veterans

Gainesville Pain Clinic 3401 Northwest 98th Street

3004 SHIP TO: Department of Veterans

The Villages VA OPC 8900 Southeast 165th

Mulberry Lane

3005 SHIP TO: Department of Veterans

Lake City VA Medical Center 619 S Marion Ave

3006 SHIP TO: Department of Veteran Affairs

2181 East E Orange Ave

3007 SHIP TO: Department of Veteran Affairs

1536 North Jefferson Street

4001 SHIP TO: Department Of Veterans

Malcom Randall VA Medical Center 1601 Sw Archer Road

2.00 06-18-2030 to 06-17-2031

4002 SHIP TO: Department Of Veterans

Gainesville Dermatolgy Clinic 5571 Southwest 64th Street

4003 SHIP TO: Department Of Veterans

Gainesville Pain Clinic 3401 Northwest 98th Street

4004 SHIP TO: Department of Veterans

The Villages VA OPC 8900 Southeast 165th Mulberry Lane

4005 SHIP TO: Department of Veterans

Lake City VA Medical Center 619 S Marion Ave

4006 SHIP TO: Department of Veteran Affairs

2181 East E Orange Ave

4007 SHIP TO: Department of Veteran Affairs

1536 North Jefferson Street

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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

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

and

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

(End of Clause)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

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

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

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

(End of Clause)

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

2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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.4 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

(a) Definitions. As used in this clause—

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

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

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

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

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

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

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

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

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

Covered telecommunications equipment or services means—

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

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

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

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

Critical technology means—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a 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 which more than 50 percent of the entity is owned directly by a parent corporation or through another subsidiary of a parent corporation.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

Unmanned aircraft means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft (49 U.S.C. 44801(11)).

Unmanned aircraft system means an unmanned aircraft and associated elements (including communication links and the components that control the unmanned aircraft) that are required for the operator to operate safely and efficiently in the national airspace system (49 U.S.C.

44801(12)).

(b) Prohibitions on providing or using specific products or services in performance of contract.

Unless a waiver or exception applies, the Contractor is prohibited from providing any products or services to the Government or using in the performance of the contract any of the following:

(1) A covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees (section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328));

(2) A Kaspersky Lab-covered article (Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91));

(3) Covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system (paragraphs (a)(1)(A) of section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232)). This does not prohibit contractors from providing—

(i) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Prohibition on unmanned aircraft systems manufactured or assembled by American Security Drone Act—covered foreign entities.

(1) Prohibition. The Contractor is prohibited from—

(i) Delivering any FASC-prohibited unmanned aircraft system, which includes unmanned aircraft (i.e., drones) and associated elements (sections 1823 and 1826 of American Security Drone Act of 2023, within the National Defense Authorization Act for Fiscal Year 2024, Pub. L.

118-31, Div. A, Title XVIII, Subtitle B, 41 U.S.C. 3901 note prec.);

(ii) On or after December 22, 2025, operating a FASC-prohibited unmanned aircraft system in the performance of the contract (section 1824 of Pub. L. 118-31); and

(iii) On or after December 22, 2025, using Federal funds to procure or operate a FASC-prohibited unmanned aircraft system (section 1825 of Pub. L. 118-31).

(2) Procedures. The Contractor shall search SAM for the FASC-maintained list of American Security Drone Act—covered foreign entities before proposing, or using in performance of the contract, any unmanned aircraft system. Also, the Contractor shall ensure any effort or expenditure associated with a FASC-prohibited unmanned aircraft system is consistent with a corresponding exemption, exception, or waiver determination expressly stated in the contract.

(3) Exemptions, exceptions, and waivers. The prohibitions in paragraph (c) of this clause do not apply where the agency has determined an exemption, exception, or waiver applies, and the contract indicates that such a determination has been made. See sections 1823 through 1825 and 1832 of Public Law 118-31 for statutory requirements pertaining to exemptions, exceptions, and waivers.

(d) Prohibition on using or providing specific products or services or conducting certain transactions regardless of connection to contract.

(1) Certain telecommunications and video surveillance equipment, systems, or services.

(i) Unless an applicable waiver has been issued by the Government, the Contractor cannot use any equipment, systems, or services that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system (paragraph (a)(1)(B) of section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232)).

(ii) This prohibition applies to using covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. This does not prohibit the contractor from using—

(A) A service that connects to the facilities of a third party, such as backhaul, roaming, or interconnection arrangements; or

(B) Telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Office of Foreign Assets Control Restrictions.

(i) Except as authorized by the Office of Foreign Assets Control (OFAC) in the Department of the Treasury, the Contractor shall not acquire, for use in the performance of this contract, any supplies or services if any proclamation, Executive order, or statute administered by OFAC, or if OFAC’s implementing regulations at 31 CFR chapter V, would prohibit such a transaction by a person subject to the jurisdiction of the United States.

(ii) Except as authorized by OFAC, most…

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