36C25026Q0712.pdf

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

583-26-4-663-0187

36C25026Q0712 08-07-2026

Stacie Hill (937) 268-6511 ext 4651 08-14-2026

10:00 EDT

36C250

Department of Veterans Affairs Network Contracting Office 10 3140 Governor’s Place Blvd. Suite 210 Kettering OH 45409-1337

X 100

X

561790

$9 Million

N/A

X

36C250

Department of Veterans Affairs Richard L. Roudebush VAMC

1481 W. 10th Street Indianapolis IN 46202

36C250

Network Contracting Office (NCO) 10 Department of Veterans Affairs Department of Veterans Affairs 3140 Governors Place Blvd. Suite 210 Kettering OH 45409-1337

Department of Veterans Affairs Financial Services Center Invoices To Be Submitted Electronically https://www.ob10.com/us/en/veterans-affairs// Invoice Setup Info Phone

877 353 9791 512 460 5429

See CONTINUATION Page

AHU Cooling Coil Cleaning

Contact Info: Stacie Hill, Contract Specialist Email: stacie.hill@va.gov

Quotes must be sent to the contract specialist, via email only. No physical mail will be accepted. Quotes must be received no later than the day/time specified in block 8.

See CONTINUATION Page

583-3660162-663-854100-2543 0100501X3 x X

Luke A. Turner

VA-VHA-RPOC-2024-0076

36C25026Q0712

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

SUMMARY OF WORK

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

C.2 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS

(DEVIATION APR 2026)

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

(DEVIATION)

C.4 52.240-93 BASIC SAFEGAURDING OF COVERED CONTRACTOR

INFORMATION SYSTEMS (DEVIATION) (NOV 2025)

C.5 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

C.6 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.7 VAAR 852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL (DEVIATION) (MAR 2026)

C.8 VAAR 852.204-71 INFORMATION AND INFORMATION SYSTEMS SECURITY

(FEB 2023)

C.9 VAAR 852.204-72 PERSONNEL VETTING AND CREDENTIALING (DEVIATION)

(MAR 2026)

C.10 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

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

(DEVIATION)

C.11 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

C.12 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2018)

C.13 VAAR 852.237-72 CRIME CONTROL ACT—REPORTING OF CHILD ABUSE

(OCT 2019)

C.14 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ..49

C.15 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

E.2 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)

E.3 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS

AND CERTIFICATIONS (NOV 2025) (DEVIATION)

E.4 VAAR 852.239-75 INFORMATION AND COMMUNICATION TECHNOLOGY

ACCESSIBILITY NOTICE (FEB 2023)

E.5 VAAR 852.239-76 INFORMATION AND COMMUNICATION TECHNOLOGY

ACCESSIBILITY (FEB 2023)

E.6 VAAR 852.273-70 LATE OFFERS (NOV 2021)

E.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.8 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (OCT 2025) (DEVIATION)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C250

Department of Veterans Affairs

Network Contracting Office 10

3140 Governor’s Place Blvd. Suite 210

Kettering OH 45409-1337

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] Once services are completed to the satisfaction of the Contracting Officer.

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

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

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVIC

ES

QUANTIT

Y

UNI

T UNIT PRICE AMOUNT

0001 Deep Enzymatic clean of Cooling Coils in Six AHU's Labor, materials and post cleaning testing.

1.00 JB ________________

GRAND TOTAL ________________

SUMMARY OF WORK

CLEANING of SELECTED AHU INTERIORS INCLUDING ALL INTERNAL COILS

1.0 – GENERAL

1.1 – Requirement/Summary:

The Richard L Roudebush VA Medical Center has an immediate requirement to inspect and deep clean the internal coils and adjacent areas in six of the most critical air handling units (AHUs) servicing patient care areas of Building One at the Richard L Roudebush VA Medical Center.

1.2– Place of Performance:

The work shall be performed at the Richard L Roudebush VA Medical Center (RLRVAMC), 1481 W 10th Street, Indianapolis, IN 46202. All work shall be performed in mechanical spaces located in the interior of Building One.

1.3– Background: RLRVAMC is a one million+ square foot medical facility consisting of several buildings that provide both inpatient and outpatient care and services. This is a fully functioning hospital that provides medical care 24 hours per day, every day of the year. Interruption of any essential services would significantly impair the ability of the hospital to continue to provide services to veterans. Utmost care is required during all work on all systems to minimize any disruptions to care. All work shall be planned and executed to avoid unplanned outages.

2.0 – Contract Administration

2.1 – Contract Information:

• CO: Contracting Officer: To be determined.

Administrative (Admin) COR: Denny L Carlson, Denny.Carlson@va.gov, (317) 988-9175

• Site COR: Joshua Lents, Joshua.Lents@va.gov, (317) 988-9163.

• VAMC – Veteran’s Administration Medical Center

2.2 – Contract Administration Requirements:

• All scheduling of site visits shall be coordinated with the Site COR.

• Administrative issues and/or concerns shall be addressed with the Admin COR first, if not resolved, then maybe passed up to the CO.

• All written communication shall be sent to both the Admin and Site CORs.

• The contractor shall coordinate all work activities, outages, and sequencing with the Site COR. No work potentially impacting any existing utility service shall be performed without Site COR’s prior approval.

2.3 – Hours of Work

• Routine Work: 8:00am to 4:30 pm,(ET), Monday through Friday

• Off hours work: Any hours not within the routine work hours as defined above.

mailto:Denny.Carlson@va.gov mailto:Joshua.Lents@va.gov

• Disruptive testing or power curtailment work shall be completed during off hours.

All work outside of routine business hours shall be coordinated with and approved by the Site COR prior to the initiation of any such work.

• Federal Holidays: No work shall be completed during the below listed days except by approval of the Site COR:

Labor Day

Columbus Day

Veteran’s Day

Thanksgiving Day

New Year's Day

Martin Luther King Day

President’s Day

Memorial Day

Independence Day

Christmas Day

Juneteenth Day

And any other day specifically designated by the President of the United States

3.0 – Access, Security and Site Requirements

3.1 – Identification/Badging

• Contractor’s employees shall always wear visible identification while on the premises of the VAMC. Identification shall include, at a minimum, the employee’s name, position, and the contractor’s trade name.

3.2 – Parking and Site Access

• It is the responsibility of the contractor to park in the appropriate and designated parking areas. Parking at the RLR-VAMC campus shall be limited to only one contractor vehicle. Unlimited additional parking is available at the Cold Springs site, 2669 Cold Springs Rd, Indianapolis, IN 46222. This site is approximately two miles from the RLR-VAMC. The contractor shall plan to shuttle his workers back and forth between the Cold Springs Road site and the RLR-VAMC site.

Information on parking will be available from the Admin COR. VA will not invalidate tickets or provide reimbursement for parking violations of the contractor under any conditions.

3.3 – Smoking Policy:

• Smoking is prohibited inside all VA buildings and grounds. Smoking shall be performed off-site only.

3.4 – VA Regulations and Conduct Requirements:

• Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search.

• Contractor’s employees must treat veterans, their families, VA employees and their colleagues with respect and courtesy always.

• Contractor’s employees must protect the privacy of veterans by ensuring that all Personal Health information (PHI), Personally Identifiable Information (PII) and other sensitive data are handled in compliance with HIPAA and VA policies.

• Contractor’s employees shall familiarize themselves with and follow all RLRVAMC emergency and evacuation procedures.

• Work collaboratively with all VA departments and employees to provide the best service to veterans.

3.5 – Infection Control and Pre-Construction Risk Assessment:

• An infection control risk assessment (ICRA) and a Pre-Construction Risk Assessment (PCRA) have been prepared for this work. Copies of both documents are available from Admin COR. The contractor shall become familiar with the requirements of these plans and shall ensure that all workers abide by the plan and that the plan’s requirements are fully implemented during the project.

4.0– Applicable Standards

• NADCA: National Air Duct Cleaners Association. ACR 201

• NADCA White Paper: HVAC Cleaning for Infection Control.

• ASHRAE: American Society of Heating, Refrigerating and Air-Conditioning

Engineers. Standard 180-2018.

• AHSRAE Handbook-HVAC Applications, Chapter 61: Healthcare Facilities

(2023).

• VA Design Manual-HVAC Design Manual for Hospitals and Clinics (2023)

5.0 – Contractor & Personnel Qualifications

5.1 – Contractor Qualifications:

• Have a minimum of three (3) years documented experience performing inspection, testing, maintenance, and repair services on healthcare, institutional, commercial, industrial, or governmental facilities of comparable complexity, and

• Have successfully completed at least three (3) projects or service contracts of similar scope within the previous five (5) years, and

• Maintain all licenses, registrations, certifications, and permits required by Federal, State of Indiana, and local authorities having jurisdiction, and

• Should be a member of the National Air Duct Cleaners Association (NADCA) or demonstrate equivalent industry-recognized certification/experience in HVAC cleaning, and

• Be capable of providing personnel qualified to perform inspection, maintenance, and cleaning of soiled cooling coils, and

• Maintain a quality control program to ensure inspections, testing, reporting, and repairs are performed in accordance with applicable standards.

• Maintain insurance coverage as required by the contract.

• Provide evidence of experience working in occupied healthcare facilities where continuity of operations and infection control considerations are critical.

• The Contractor shall designate a single Project Supervisor responsible for overall contract execution

5.2 – Supervisor Qualifications:

• Have a minimum of two (2) years’ experience supervising inspection and cleaning the interiors of large AHUs, and

• Have demonstrated experience coordinating work in occupied healthcare facilities, hospitals, or similar institutional facilities, and

• Possess the following:

• Certified Air Systems Cleaning Specialist (ASCS) from NADCA or similar credential, and

• Current OSHA 30-hour training card in construction safety.

• Equivalent education, licensing, certification, and documented experience acceptable to the Contracting Officer, and

• Training in Infection Control, and OSHA safety protocols, and

• Be authorized to make decisions on behalf of the Contractor, and

• Review and certify all inspection, testing, deficiency, and repair reports prior to submission to the Government.

5.3 – Worker Qualifications:

• Have a minimum of six (6) months experience performing similar work in AHUs, and

• Demonstrated knowledge of chemicals and detergent use, and

• Demonstrated proper use of personal protective equipment and

• Can safely carry out all tasks according to supervisor’s directions and facility requirements, and

• Maintain compliance with infection control protocols at all times, and

• Possess a current OSHA 10-hour training card in construction safety.

5.4 – Government Review:

• The Government reserves the right to review and reject personnel whose qualifications, certifications, licenses, training, and experience are found to be deficient.

6.0 – Performance Requirements

6.1 – Specific Work Items:

• The Contractor shall provide all labor, supervision, tools, equipment, pedestrian protection devices, restoration materials, and incidentals necessary to safely complete the work.

• Contractor shall protect coils, fins, drain pans, sensors, tubing, insulation, dampers, access doors, lighting, wiring, and controls from damage. Damage caused by the contractor shall be repaired at no additional cost to the Government. Additionally, Contractor shall be acutely vigilant regarding any water leakage from hoses, AHU drains, and any other likely source of water. Damage to ceilings and equipment on the floor below is likely in the event of a leak. Any such damage shall be repaired at Contractor’s expense.

• Water, 120-volt power, and floor drains are available at each AHU location. If 230-volt or higher voltage is required, submit voltage requirements as an RFI prior to bidding. If the equipment uses an engine driven power source, then the unit shall be placed exterior to the building and away from outside air inlets. Such equipment shall be placed on a protective mat to protect the existing roof surface.

If engine driven equipment is to be used, submit that detail as an RFI and appropriate areas for engine placement will be provided.

• Perform work per NADCA Standards and in conformance with the ACR (Assessment, Cleaning and Restoration standards).

• Check in with Site COR upon arrival and he will escort you to the mechanical rooms so the contractor may gain access to the AHUs that are a part of this work.

• Organize a safety briefing with all members of the contractors work force and the Site COR, prior to initiating work.

• Coordinate with Site COR and/or Chiller Plant operator to shut down equipment.

• Contractor shall comply with OSHA lockout/tagout requirements and VA facility procedures. Contractors shall identify and control all hazardous energy sources before entering AHUs, including fan power, VFDs, control power, automatic dampers, actuators, UV devices if present, and other energized equipment within the work area.

• Prepare mechanical area for work including placement of adhesive “ walk-off pads” at the entry to the mechanical spaces.

• Water sources, hose routes, and drain/disposal points shall be coordinated with the Site COR before work begins. Hoses shall be routed to avoid trip hazards and shall not block egress paths.

• Obtain digital differential pressure reading across coils prior to cleaning.

• Document the interior of each AHU with digital photos and notes the “as found” conditions.

• Remove all loose debris and clean all accessible interior areas of the AHUs in the cooling coil area.

• Contractor shall clean coils using an approved enzymatic or non-corrosive coil-cleaning product specifically formulated for aluminum/copper HVAC coils. Steam cleaning, pressure washing, or other alternate cleaning methods shall not be used unless submitted in advance and approved by both the Admin and Site CORs.

• Cleaning shall be considered complete when visible debris, biological film, lint, dirt, and loose contamination have been removed from all accessible coil surfaces, drain pans, interior casing surfaces adjacent to the coils, and upstream/downstream coil faces; condensate drains freely; and the Site COR has witnessed the post-cleaning condition.

• Contractor shall collect, contain, and properly dispose of wastewater, sludge, and cleaning residue generated by the work. Contractors shall not discharge cleaning chemicals, sludges, or debris into storm drains, floor drains, condensate pans, or sanitary drains unless specifically approved by the VA and only after review of manufacturer’s data and SDS information.

• Pre- and post-cleaning coil pressure-drop readings shall be taken using the same instrument, same pressure taps or measurement locations, and the same AHU operating condition to the extent practical. Contractor shall document fan status/speed, filter condition if observable, damper position if known, and measurement locations.

• Obtain digital photos of the interior conditions of the AHUs once cleaning is complete.

• Replace all existing AHU filters with like, kind and quantity filters.

• Remove any debris, rubbish, etc. generated by cleaning process.

• Contact Site COR to witness the interior of the AHU and the general site. Remove electrical disconnect lock(s) and have Site COR or Chiller Plant operator re-energize AHU.

• Remove all equipment, tools, trash and “walk off” pads from the entrance area to the AHU.

6.2 – Specific Units to be cleaned:

• AHU-32. Approximately 20,000 CFM: - Services: ER, X-Ray CT scan.

• AHU-37A. Approximately 50,000 CFM: - Services: 50% of Surgery area.

• AHU-37B. Approximately 50,000 CFM: - Services: 50% of Surgery area.

• AHU-38. Approximately 22,800 CFM: - Services: SICU, Recovery.

• AHU-39. Approximately 22,800 CFM: - Services: Elevator Lobbies.

• AHU-50. Approximately 40,000 CFM: - Services: Inpatient pharmacy, 7th & 8th

Floor patient areas.

• Only one AHU shall be removed from service at a time unless otherwise approved by the Site COR. Contractor shall provide a proposed sequence and estimated outage duration for each AHU before work begins.

7.0 – SUBMITTALS & OTHER DELIVERABLES

7.1 – Submittals:

7.1.1-Contractor & Personnel:

All as listed under 5.0 above. Submit two copies of each document to Admin COR

7.1.2 – General: The contractor shall submit complete product data and SDS sheets for the following items of equipment:

• Any chemicals used on site during the process. Product data shall identify coil-material compatibility, dilution ratio, dwell time, rinse requirements, odor characteristics, VOC content if applicable, corrosion precautions, and any required ventilation or re-occupancy limitations.

• Submit a general, “step by step”, cleaning procedure to be used.

• Approved submittals shall be required prior to entrance to VA property. The contractor shall certify that the proposed equipment and configuration are suitable for the intended application and comply with all applicable codes and standards.

Approval of submittals does not relieve the contractor of responsibility for compliance with the contract requirements and documents. Equipment that is improperly rated, incompatible or unsuitable for the application shall be rejected.

• The final report shall include the following:

• AHU number, and

• Date and time cleaned, and

• Crew/supervisor names, and

• Chemicals used and dilution ratio, and

• Pre (“as found”) and post cleaning photos, and

• Pre/post coil pressure drop, and

• Measurement locations, and

• Observed deficiencies, and

• Drain pan/drain observations, and

• Confirmation of debris removal, and

• Site COR witness/sign off at conclusion of each AHU

7.2 – Format Requirements:

• All written materials shall be submitted in pdf format. Digital photographs may be submitted in any native format such as jpeg, png or tiff.

7.3 – Review Schedule:

• Contractor shall allow VA 14 days to review any submittals.

8.0 – Government Furnished Property:

8.1 – None.

Security warning:

“The C&A requirements do not apply, and a Security Accreditation Package is not required.”

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

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

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

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

and

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

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

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

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. Examples of occurrences include acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall—

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

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

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

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

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

(i) Payment—

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

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

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

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

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

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

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

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

(D) Contractor point of contact; and

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

(5) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the

Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

(iii) Final decisions. The Contracting Officer will issue a final decision as required by FAR part 33 if—

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

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

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR part 32).

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

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

(A) The date fixed under this contract.

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

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

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

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

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

(vii) The interest charge made under this clause may be reduced under the procedures for interest credits prescribed in FAR part 32 in effect on the date of this contract.

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

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

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

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

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

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

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

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

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

(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.

chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C.

chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

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

(4) Addenda to this solicitation or contract,

(5) Solicitation provisions incorporated in the solicitation.

(6) Other paragraphs of this clause.

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

(8) The specification.

(s) Unauthorized obligations.

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

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

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

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

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

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

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

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

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

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

(End of Clause)

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, https://www.sam.gov

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…