36C24826Q0793_2.docx

36C24826Q0793

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

516-26-3-107-0030 36C24826Q0793 06-17-2026 Moneque Rodriguez 813-550-9486 06-24-2026 13:00

EDT

36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) 10,000 Bay Pines Blvd Bay Pines FL 33744 X X 337127 500 Employees NET 30 Days N/A X

MCC: 90D

Department Of Veteran Affairs C.W. Bill Young VA Medical Center Bldg 110 Warehouse 10,000 Bay Pines Blvd.

Bay Pines FL 33744 36C248 Department of Veterans Affairs Network Contracting Office 8 (NCO 8) C.W. Bill Young VA Medical Center 10000 Bay Pines Blvd.

Bay Pines FL 33744

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971 See CONTINUATION Page "See Statement of Work and Schedule" See CONTINUATION Page 516-3660160-107-820100-2580 0100501X8 X Moneque Rodriguez Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C248 Moneque Rodriguez Department of Veterans Affairs Network Contracting Office 8 (NCO 8)

10,000 Bay Pines Blvd Bay Pines FL 33744

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

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

Page 1 of Page 1 of

B.2 STATEMENT OF WORK

Dated June 16, 2026

1.0 GENERAL SCOPE

1. Overview

Bay Pines is undergoing a major reorganization of the Mental Health (RRTP) (Residential Rehabilitation Treatment Program) to enhance access to care for women Veterans and homeless Veterans. A new women’s residential unit is proposed to be created by converting an acute psychiatry unit that has been underutilized. A new CWT-TR (Compensated Work Therapy- Transitional Residence) program is being created to aid homeless Veterans with transitional housing and vocational rehabilitation to support transition to independent living. These items are needed to accommodate mental health patients with furniture for living conditions while residing at Bay Pines during their treatment.

Bay Pines VA Health Care System (BPVAHCS) Interior Design program emphasizes principles and strategies for state-of-the art technology, mobility and ergonomic features for both patients and staff in health care settings. The architecture and interior design embody the highest level of environmental stewardship, use of natural spaces as well as providing a streamline, open, modern aesthetic.

2. General Description The Contractor shall provide all labor, tools, materials, and furniture to support the additional items necessary to complete the installation of the Mental Residential Bed Room furniture.

3. Salient Characteristics - * The salient characteristics listed in the solicitation are derived from the Norix brand to establish the required performance and safety standards. However, this requirement is issued as brand name or equal, and vendors may propose alternative products that meet or exceed all identified salient characteristics.

ITEM 1. BRF: NORIX, Titian Footboard Kit, Norix, Titian Hardware-

· Made in the U.S.A.

· Titian Footboard Kit,

· Hardware- Color To be determined

· Laminate- To Be Determined

· Component of Norix, Titan Bed Panel Base Bunkable Lift Deck Bed with Laminate Drawers to be installed.

ITEM 2. BED: NORIX, Titian Headboard Kit, Titan, Beds, Hardware –

· Made in the U.S.A.

· Titian Headboard Kit,

· Hardware- Color To be determined

· Laminate- To Be Determined

· Component of Norix, Titan Bed Panel Base Bunkable Lift Deck Bed with Laminate Drawers to be installed.

ITEM 3. BED: NORIX, Titian End Frame Bolt Down Kit, Titan, Beds, Finish-To Be determined after award

· Made in the U.S.A.

· Component of Norix, Titan Bed Panel Base Bunkable Lift Deck Bed with Laminate Drawers to be installed.

ITEM 4. BED: NORIX Titian, Bed, Panel Base Bunkable Lift Deck Bed Bed with Laminate Drawers (L/R) Finish- and location to be determined

· Made in the U.S.A.

· Built in drawers, with locks

· Size: L:86.1” x W:38.5”D; 37.1”

· Mattress Size: 36”x80”

· TNT1111: Steel Drawers Model

· Panel Base Bunkable Lift Deck Bed, all steel with Steel Lockable Drawers

· Secure Built-in drawers, lift deck storage, panel bases, bunkable frames with finish selection determined after award of bid (Possible Colors: Steel Color: Khaki. Laminate Color Wild Cherry)

· 5 Knuckle Hinges

· To Fit Mattress Size 36”x80” Norix Silver Secure Mattress

· Headboard & Footboard: 45 lb (20.1 kg) density M3 grade particle board with durable high-pressure laminate surface and 2mm PVC edge (Wild Cherry Standard- To be confirmed after award)

· Bunk Lock Clamps

· Glide Kit

· Bolt-down Kit

· Floor Anchoring

· Bottom Closure Kit

· Weight 209-229 lbs

· Steel-to-Steel Connections Threaded inserts, provide a steel-to-steel connection on tops, drawer fronts and doors.

· Fabrication & Material: Cut, formed, welded steel, powder coated steel. Bed deck: 18 gauge Body: 18 gauge Gussets: 13 gauge End frame legs: 16 gauge End frame cross-members: 16 edge (Wild Cherry Standard).

· Warranty: Minium 10 year limited replacement warranty.

· Maintenance: withstands the use of soap and water for both the regular cleaning maintenance and deep-scrub cleaning of powder coated steel.

· Optional Decorative Laminate: to withstand the use of Simple Green® or an equivalent cleaning product. As required by Bay Pines Cleaning Chemical Standards.

· Bolt-down fasteners to be tight with no play between the bolt- down bracket and the floor.

· Performance Test Standards • Tested to 800 lbs (362.9 kg) static load.

· GREENGUARD and GREENGUARD Gold Certified by UL Environment. Product certified for low chemical emissions to UL 2818. UL.COM/GG.

· TB133 Compliant

· Green Guard Gold

· Color: To Be determined after award of bid

ITEM 5. NIGHT STAND: NORIX Titian, Nightstand with Laminate Drawers

· Made in the U.S.A

· Model TNT2029 Weight 65 lbs / 29.5 kg Dimensions in cm Width 20.5” 52.1 Depth 20” 50.9 Height 25” 63.4

· TNT2129: Laminate drawer fronts Assembly None required

· Fabrication & Material Cut, formed, welded steel, powder coated steel. Cabinet body: 22 gauge steel Drawers: 20 gauge steel Drawer slides: 14 gauge steel Slide supports: 22 gauge steel Top front & kick plate: 22 gauge steel Top: 45 lb (20.4 kg) density M3 grade particle board with durable high-pressure laminate surface and 2mm PVC edge (Color to be determined).

· Warranty 10 year limited replacement warranty.

· Capability of cleaning with the use of soap and water for both the regular cleaning maintenance and deep-scrub cleaning of powder coated steel. Decorative Laminate: The use of Simple Green® or an equivalent cleaning product to be used.

· Rounded Edges Smooth, rounded edges for a safe design.

· Large toe kick bases

· Durable Drawers, Steel reinforced institutional drawer fronts for overall durability.

· Non-Removable Drawer Glides, Drawer glides are welded on the drawer,

· Superior Strength Drawer bodies are made with 18-gauge steel for superior strength

· Environmental Test Standards • GREENGUARD and GREENGUARD Gold Certified by UL Environment. Product certified for low chemical emissions to UL 2818. UL.COM/GG

ITEM 6. MATTRESS: NORIX Comfort Shield Remedy (Silver Secure Mattress)- Sealed Seam Mattress, 36" x 80" x 6" to fit the Titan Bed

· Made in the U.S.A.

· MATTRESS: NORIX Comfort Shield Remedy (Silver Secure Mattress)- Sealed Seam Mattress, 36" x 80" x 6" to fit the Titan Bed

· Transitions Silver Secure Mattress to have a densified fiber core with a breathable vent system that repels oil, water, and bodily fluids, and an anti-microbial TPU cover to easily clean and sanitize. The sealed seams are to create a barrier to bedbug infestations.

· GreenGuard Gold Certified The highest level of GreenGuard Certification, the product is to meet strict health-based criteria for VOC emissions and total chemical emissions.

· Bed Bug Resistant The sealed seams are to eliminate any potential entry points for bed bugs to hide within the mattress

· Fluid Resistant The sealed seam and nonabsorbent, TPU coated cover are to combine to resist bodily fluids, cleaning solutions and a wide variety of other liquids. To have comfort, with a TPU coated polyester cover to eliminate cracking. To withstand easy cleanability, with bleach solution and hospital grade cleaners and sanitizers without affecting the surface material or color.

· Extended Warranty A 5-year limited prorated warranty protects against seam failure and cover material cracking. No Minimums

· Fire-Retardant The densified polyester core and TPU coated cover are to be fire retardant.

· To have a Norix Blue Sealed Seam Inverted radio-frequency welding that will form a minimally visible seal seam to provide an extreme security in comparison to traditional sewn seams.

· GreenGuard Gold Certified The highest level of GreenGuard Certification, is to be met with strict health-based criteria for VOC emissions and total chemical emissions

· Easy Cleanability Bleach solutions and hospital grade cleaners are tp ne utilized safely for sanitation without affecting the surface material or color

· Rip-Stop Cover An enhanced tear-resistant, rip stop scrim is to be weaved into the cover material to provide an extra layer of security and prevent tearing in the event of a puncture

ITEM 7. NORIX -Z Passive Locking Glide Kit Titan, Steel Top

· Made in the U.S.A.

Hardware to be installed on MPU (Multipurpose unit) as required ITEM 8. (MPU Multi-purpose Unit) NORIX, Laminate Color To Be Determined, Hook & Mirror, Power Supply & Light (Accessory) and Additional Removable Shelves.

· Made in the U.S.A.

· Complete with a pull-out desk, three pull-out drawers, a movable shelf that can be removed for and clothes hanging rod. To include a power supply, LED light, mirror, towel hook and steel reinforced, wood-grain style laminate doors

· Tamper Resistant: Fully welded joints, non-removable drawers and security hardware to mitigate tampering.

· Ergonomic Drawer Pulls: Integrated ergonomic drawer pulls for long-term durability.

· Heavy-duty, all-steel construction engineered to withstand the rigors of challenging environments.

· Wood-Grain Accents: institutional-grade laminate accents on doors and drawers.

· Accessories, to include a power supply, an LED light, a clothes hanging rod, a towel hook and a safety mirror.

· Movable Shelf: The inside shelf to have the ability to be adjusted to 8 different positions, using a side rail system.

· Fully welded joints, non-removable drawers and the use of security hardware.

· Ergonomic Drawer Pulls: Integrated ergonomic drawer pulls. Tamper Resistant Fully welded joints, non-removable drawers and the use of security hardware to mitigate tampering risks.

Salient Characteristics 2.0 PERFORMANCE REQUIREMENTS The contractor shall provide and be responsible for technical assistance, development, measuring of existing space and generation for final specifications.

Duty hours will be 7am – 4:30pm. The Government recognized US holidays are: New Year’s Day, Martin Luther King, Jr. Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Juneteenth, Veterans Day, Thanksgiving Day and Christmas Day. If the holiday falls on Sunday, it is observed on Monday.

a. Coordinate and provide project management of all products and services to manage, design, order, ship, deliver, and install new furniture from the manufacturer until final acceptance by COR Tammy Picou

b. Deliver furniture to 10,000 Bay Pines Blvd., Bay Pines, Fl 33744.

c. Only include specified products, Mental Health Furniture is not on the IDIQ.

d. Provide maintenance manuals for all products specified.

e. Provide 3 design revisions.

f. Site visit to field measure and verification is required for furniture to fit in proposed locations.

g. Dealer must store furniture for up to 90 days for free.

3.0 KICKOFF MEETING

The prime contractor(s) shall participate in a kickoff meeting within ten (10) days of task order issuance, in person at Bay Pines VA Healthcare System Building 24 or conference call. Time and date will be determined by VA Point of Contact.

4.0 PRODUCT

General

All finished surfaces shall be free of scratches, marks, dents, or blemishes, and withstand staining, and exhibit to flaking, cracking, or loss or adhesion.

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

The Government maintains the option to modify the normal work week, days and hours, as necessary for the accomplishment of VHA mission.

Work Required by Others

All work required by other trades shall be identified by the quoter.

5.0 RECEIPT OF MATERIALS

Address all shipment of furniture, materials, and supplies to the contractor – not the Government. The contractor must be on hand to accept shipments; the Government will not accept shipments.

Furniture and materials shall be carefully handled, properly stored, and adequately protected to prevent damage before and during installation, in accordance with the manufacturer’s recommendations. Damaged or defective items shall be replaced. Location of storage and staging area shall be designated by the COR. The contractor will be responsible for security of all furniture and materials.

The contractor will coordinate with the COR a staging area. The contractor shall be responsible for restoring the area to its original condition at the completion of the work. The contractor shall be responsible for repair of any damage incurred to buildings or pavement as a result of delivery and storage.

The Government maintains the option to modify the normal work week, days and hours, as necessary for the accomplishment of VHA mission. The modification will be at no charge to the VA.

Contractor will be required to comply with physical security guidelines by either checking in with the VA Police or VA POC each time they come on-site to perform contracted services or by obtaining a VA Contractor ID badge from the VA Police and Contacting the COR/Interior Designer: Tammy Picou shall be notified of when the contractor is arriving and departing on VA project site.

Work Required by Others:

All work required by other trades shall be identified under this section by the Bidder.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Bed Footboard Kit Contract Period: Base POP Begin: 06-29-2026 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 337127 - Institutional Furniture Manufacturing PRODUCT/SERVICE CODE: 7195 - Miscellaneous Furniture and Fixtures

MANUFACTURER PART NUMBER (MPN): TNT0650-BL1

NORIX or Equal, Titan Footboard Kit, Hardware- Color TBD, Laminate- To Be determined (2-A, Qty-6-Blk), (2-B-Qty: 16-Blk), (3A Qty: 0)

***PoP is an estimate and is dependent upon Award Date and Lead Time.***

Bed Headboard Kit

POP Begin: 06-29-2026 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 337127 - Institutional Furniture Manufacturing PRODUCT/SERVICE CODE: 7195 - Miscellaneous Furniture and Fixtures

MANUFACTURER PART NUMBER (MPN): TNT0600-BL1

NORIX or Equal, Titan Headboard Kit, Titan, Beds, Color-TBD (2-A-Qty: 6 blk), (2-B-Qty: 16-Blk), (3A Qty: 0)

Bed End Frame Bolt Down Kit

POP Begin: 06-29-2026 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 337127 - Institutional Furniture Manufacturing PRODUCT/SERVICE CODE: 7195 - Miscellaneous Furniture and Fixtures

MANUFACTURER PART NUMBER (MPN): TNT0700-002T

NORIX or Equal, Titan End Frame Bolt Down Kit, Titan, Beds, Color-T BD after award of bid (2-A,-6 blk), (2-B-Qty: 16-Blk), (3A Qty: 0)

Bed, Bunkable Panel Base Bed with Laminate Drawers

POP Begin: 06-29-2026 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 337127 - Institutional Furniture Manufacturing PRODUCT/SERVICE CODE: 7195 - Miscellaneous Furniture and Fixtures

MANUFACTURER PART NUMBER (MPN): TNT1212X-NL1002T

NORIX or Equal, Titan Bed, Bunkable Panel Base Bed with Laminate Drawers (L/R) Finish-To Be determined (2-A-6 Blk), (2-B-Qty: 16-Blk), (3A Qty: 0)

Nightstand with Laminate Drawers

POP Begin: 06-29-2026 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 337127 - Institutional Furniture Manufacturing PRODUCT/SERVICE CODE: 7195 - Miscellaneous Furniture and Fixtures

MANUFACTURER PART NUMBER (MPN): TNT2129-NLXXXXT

NORIX or Equal, Titan Nightstand with Laminate Drawers (2-A-Qty: 6-Blk), (2-B-Qty: 16-Blk), (3A Qty: 0),

Comfort Shield Remedy (Silver Secure Matress)- Sealed Seam Mattress, 36" x 80" x 6"

POP Begin: 06-29-2026 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 337127 - Institutional Furniture Manufacturing PRODUCT/SERVICE CODE: 7195 - Miscellaneous Furniture and Fixtures

MANUFACTURER PART NUMBER (MPN): MRS6-3680-W1NA-7

NORIX or Equal Comfort Shield Remedy (Silver Secure Matress)- Sealed Seam Mattress, 36" x 80" x 6" to fit the Titan Bed; (2-A, Qty:6), (2-B-Qty: 16-Blk), (3A Qty: 0)

Passive Locking Glide Kit

POP Begin: 06-29-2026 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 337127 - Institutional Furniture Manufacturing PRODUCT/SERVICE CODE: 7195 - Miscellaneous Furniture and Fixtures

MANUFACTURER PART NUMBER (MPN): TNT0806-Z

NORIX or Equal -Z Passive Locking Glide Kit Titan, Steel Top ( 2-A: 6), (2-B-Qty: 16-Blk), (3A Qty: 22)

Multipurpose Unit

POP Begin: 06-29-2026 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 337127 - Institutional Furniture Manufacturing PRODUCT/SERVICE CODE: 7195 - Miscellaneous Furniture and Fixtures

MANUFACTURER PART NUMBER (MPN): TNT4139-KL10N02THM-PL

NORIX or Equal, Laminate Color To Be Determined, Hook & Mirror, Power Supply & Light (Accesssory) Additional Removable Shelf ( (A-2;Qty: 6 Blk), (2-B-Qty: 16-Blk), (3A Qty: 22)

DELIVERY\E\INSTALL

POP Begin: 06-29-2026 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 337127 - Institutional Furniture Manufacturing PRODUCT/SERVICE CODE: 7195 - Miscellaneous Furniture and Fixtures MANUFACTURER PART NUMBER (MPN): Delivery

B.4 DELIVERY SCHEDULE

10000 Bay Pines Blvd Building 110 Bay Pines, FL 33744 United States

10000 Bay Pines Blvd Building 110 Bay Pines, FL 33744 United States

10000 Bay Pines Blvd Building 110 Bay Pines, FL 33744 United States

10000 Bay Pines Blvd Building 110 Bay Pines, FL 33744 United States

10000 Bay Pines Blvd Building 110 Bay Pines, FL 33744 United States

10000 Bay Pines Blvd Building 110 Bay Pines, FL 33744 United States

10000 Bay Pines Blvd Building 110 Bay Pines, FL 33744 United States

10000 Bay Pines Blvd Building 110 Bay Pines, FL 33744 United States

10000 Bay Pines Blvd Building 110 Bay Pines, FL 33744 United States

SECTION C - CONTRACT CLAUSES

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

(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)

(End of Clause) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

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

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

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

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

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

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

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

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

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

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

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

(End of Clause)

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

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

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core 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…