36C25026Q0823.docx

36C25026Q0823

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

539-26-4-6072-0031 36C25026Q0823 08-11-2026 Ron Heidemann 513 559 3708 08-26-2026

11:00 AM

EDT

Department of Veterans Affairs Network Contracting Office (NCO) 10 260 E. University Avenue Cincinnati OH 45219 X X 541380 $19 Million N/A X 36C250 Department of Veterans Affairs Network Contracting Office (NCO) 10 3200 Vine Street Cincinnati OH 45220 36C250 Department of Veterans Affairs Network Contracting Office (NCO) 10 260 E. University Avenue Cincinnati OH 45219

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971 877 353 9791 512 460 5429 See CONTINUATION Page This solicitation is a Request for Quotation for on-site maintenance, inspection, testing, and/or calibration of the Electrical Power Distribution System and all its components at the Cincinnati VAMC and Ft. Thomas Domiciliary.

The Government intends to award a firm-fixed price contract.

Contact Info: Ron Heidemann, Contracting Officer (CO) Email: ronald.heidemann@va.gov Quotes must be sent to the CO, via email only. No physical mail will be accepted. Quotes must be received no later than the day/time specified in block 8. This solicitation is 100% set aside for a Service-Disabled Veteran Owned Small Businesses. Only quotes from VA-certified SDVOSBs in https://veterans.certify.sba.gov will be eligible.

Bidders should review FAR clause 52.212-1 for additional information. FAR 4.1102(a) requires be registered in the System for Award Management (SAM - www.SAM.gov) at the time an offer or quotation is submitted in order to comply with the annual representations and certifications requirements.

If a bid is received and bidder is not registered as required, the bid will be considered non-responsive.

See CONTINUATION Page 539-3660162-6072-850100-2543 010050190 X Ronald T. Heidemann 1015L3-0502 Table of Contents

SCOPE OF WORK……………………………………………………………………………………….5

Atch 1 - Instructions for VAAR 852.219-75.

Atch 2 - VHA Directive 1192-01.

Atch 3 - Reference 1 - Three Year Electric Test SOW 2026 - Equipment List.

Atch 4 - Wage Rates 2015-4719.

Atch 5 - Security Information.

Atch 6 - Arc Flash Study Single Lines - FOR REFERENCE ONLY.

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 (NCO) 10 260 E. University Avenue Cincinnati OH 45219

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:

SCOPE OF WORK

1. Introduction:

A. This Statement of Work (SOW) describes the requirements for the maintenance, inspection, testing, and/or calibration of the Electrical Power Distribution System and all its components. These work items are referenced as “Maintenance and Testing” in this document, hereafter.

B. This SOW describes the requirements for the Qualified Electrical Contract Professionals – known as “Contractors” in this document, hereafter. Contractors who are contracted by Cincinnati VA Medical Center to perform maintenance and testing of the Electrical Power Distribution System, and all its components shall meet all requirements stated in Section 2 of this SOW.

C. This SOW describes the requirements to provide final test reports.

2. Qualifications of Contractors:

A. Contractors shall be certified by the InterNational Electrical Testing Association (NETA) as NETA Certified Technicians or the National Institute for Certification in Engineering Technologies (NICET). The contractor’s work force also must have completed the Occupational Safety & Health Administration (OSHA) approved 10-hour construction safety training.

Contractors shall have technical trainings, and track records of working experience in maintenance, inspection, and testing of the Electrical Power Distribution System and its components in healthcare facilities for a minimum of five (5) continuous years. The on-site Supervising Field Service Technician must hold a current certification, Level III or higher, in accordance with ANSI/NETA ETT, “Standard for Certifications of Electrical Testing Technicians” OR a Level IV NICET “Certification for Inspection and Testing of Electrical Power Equipment”.

B. All the field service technicians shall be capable of:

1) Testing, assessing, evaluating, servicing, and reconditioning components

2) Assuring that the equipment on which work has been performed is safe, reliable and acceptable for its intended purpose

3) Identifying defective equipment and potential safety problems, environmental hazards, or code violations.

C. The Contractor conduct an on-site safety briefing with the entire crew and the VA prior to the commencement of the work. Coordinate the lockout/tagout procedure that will be followed during each electrical shutdown.

D. Contractors shall have safety trainings – either on-the-job or class-room type - in electrical safety outlined in the OSHA Standard 29 Code of Federal Regulations (CFR) 1910 Subpart S – Electrical, and the NFPA 70E – Standard for Electrical Safety in the Workplace. Training certifications shall be submitted to the VA prior to any work being scheduled.

E. Contractors shall have ready access to the latest versions of the following references:

1. NFPA 70, National Electrical Code.

2. NFPA 70B, Recommended Practice for Electrical Equipment Maintenance.

3. NFPA 70E, Standard for Electrical Safety for the Workplace.

4. NFPA 110, Standard for Emergency and Standby Power System.

5. OSHA Standard 29 CFR 1910, Subparts I & S.

6. InterNational Electrical Testing Association, Inc. (NETA) – Maintenance and Testing Specifications.

7. Operating/Maintenance manuals, and specifications of the electrical equipment to be maintained and tested. These documents may be obtained from the VA Medical Center, or the equipment manufacturers.

F. The contractor’s workforce shall be equipped with all necessary tools, equipment, and Personal Protective Equipment (PPE) to perform the work safely, effectively, and timely. Tools, equipment, and PPE shall comply with the requirements of OSHA Standard 29 CFR 1910, Subpart I, and NFPA 70E.

1. Contractor to provide all lock out/tag out devices; VA Electric Shop personnel will not add their own lock to each lock out/tag out location.

2. All test equipment shall be calibrated within twelve (12) months of the date of the work for this contract. Dated calibration labels shall be visible on all equipment.

G. At a minimum, the Contractor shall utilize multiple testing machines, to allow for simultaneous testing of multiple breakers at a time. Contractor to maintain a spare testing equipment set in case of failure. Contractor to submit equipment test calibration certificate documents for each test equipment set prior to the start of testing.

3. Summary of Work:

Contractor shall furnish all labor, parts, equipment and supervision to perform electrical testing services at the VA Medical Center, Cincinnati Division, 3200 Vine Street, Cincinnati, Ohio, 45220 and Ft. Thomas Division, 1000 S. Ft. Thomas Ave, Ft. Thomas, KY 41075. This work is to include all coordination with and payment to the electric utility provider(s) (Duke Energy) for disconnecting and reconnecting all facilities as required during testing. The contractor to follow ANSI/NETA MTS Standard for Maintenance Testing Specifications, sections 1, 2, 3, 4, 5 and 7. All work to be performed over the following days/hours:

· Day #1 – Saturday, October 10, 2026. 8 am to 4 pm. Fort Thomas

· Day #2 – Saturday, October 17, 2026 – 8 am to 6 pm. Normal Power – US 1A, US 1B, US 1X, US 1P.

· Day #3 – Saturday, October 24, 2026. 8 am to 5 pm. Normal Power A and C Sections; US 1C & US 1D. Bldg. 14 Emergency Power

· Day #4 – Saturday, October 31, 2026. 8 am to 2 pm. Paralleling Gear by Emergency Generators & ATS’s for the Elevators, fire pumps (no power shutdown required).

· Day #5 – Saturday, November 7, 2026, 8 am to 4 pm. Disconnect from Duke. Test all Medium Voltage Switchgear (normal power). Building #14 Normal Power.

· Day #6 – Saturday, November 14, 2026. 8 am to 8 pm. Emergency Power Testing

· Day #7 - Saturday, November 21, 2026. 8 am to 6 pm. Outbuildings #2, #3, #8, #13, & PG

B. Infra-Red Scanning:

1. Infra-red scanning of all breakers & electrical components is to be performed both before and after accomplishment of all other testing work. This is to establish a baseline and identify any potential issues before testing, as well as ensure all equipment is properly reinstalled and functioning at the completion of all work.

2. This work item will take place Monday through Friday during normal business hours from 7:00am to 3:30pm, except on federally recognized holidays. The scanning must be done while the Electrical Power Distribution System is energized. Appropriate safety precautions must be taken before, during and after scanning the system:

3. Use an infra-red scanning camera to detect hot spots in the Electrical Power Distribution System. Objective of this work is to detect any loose, broken, or corroded connections in the system. Problem connections shall be replaced with new connectors/terminations/lugs, and/or tightened with torque wrench to meet the equipment manufacturers’ specifications.

C. The below lists additional requirements to be performed by the contractor in addition to the requirements of the ANSI/NETA Standard for Maintenance Testing section 7.

1. General Requirements:

a. Contractor to provide a detailed written Lockout/Tagout (LOTO) plan for each day work is to be performed.

b. Contractor is to fully coordinate with and provide all payment to the electric utility provider(s) (Duke Energy) for disconnecting and reconnecting all facilities as required during testing.

c. Contractor must hold and document daily safety/toolbox talks with everyone involved with testing.

d. Contractor must hold and document – at a minimum – weekly pre-work meetings with the VA, along with a post- hot wash meeting to ensure all lessons-learned are understood & documented.

e. Contractor to provide all required safety equipment necessary for completion of all work.

f. Contractor to supply all personnel needed to open and access electrical panels & equipment as required during all phases of testing.

g. All efforts are to be made to test all equipment in place whenever possible.

h. Contractor to provide ample supply of spare breaker lugs to correct any issues encountered during testing.

i. Contractor to be held responsible for correcting any damage or malfunction that results from the testing process.

j. See Reference 1 for list of equipment to be tested.

2. Switchgear Equipment, Medium Voltage Circuit Breakers, and Protective Relays

a. Record switchgear, breaker and device nameplate information and compare with the facility’s one-line diagram, when available. Identify and record discrepancies.

b. Inspect all electrical equipment, including each breaker and report damaged, or malfunctioning equipment, loose connections or materials, or any contamination that must be corrected. Clean where appropriate.

c. Check equipment for level, security to foundation and operation of doors. Report any unfavorable environmental conditions such as excessive moisture or conducting dust that must be corrected. Clean where appropriate.

d. Visually inspect the equipment ground and record the number and size of ground bus and straps. Report deficiencies.

e. Inspect the insulation system on the primary bus and assemblies. Test insulation on each bus, phase-to-phase and phase-to-ground with suitable megohm meter. Record values, report deficiencies and clean where appropriate.

f. Draw or rack each breaker from its cell. Remove arc chutes, clean, inspect and adjust all contacts as necessary. Measure and record contact resistance in micro-ohms and clean all insulating surfaces. Measure and record phase-to-phase and phase-to-ground. Lubricate as necessary.

g. Electrically close and trip each breaker with control switch. Manually close and trip each breaker. Trip each breaker with each of its protective devices. Tighten all connections. Record any discrepancies.

h. Remove each relay from its case. Clean, inspect and tighten all connections. Apply three multiples of relay tap current to each relay to verify manufacturer’s time current characteristics. Test each relay for instantaneous pickup. Report deficiencies and adjust where appropriate.

i. All electronic circuit breakers can be tested by secondary injection, where practical.

2. Primary Disconnects

a. De-energize entire substation, clean all insulating surfaces, and clean and dress all contacts.

b. Measure contact resistance in micro-ohms. Megger each phase-to-ground. Record any discrepancies.

c. Clean and inspect cubicle. Tighten all untapped connections and lubricate as necessary.

3. Transformers and Capacitors

a. Record nameplate information and compare with the facility’s one-line diagram, when available. Record discrepancies.

b. Inspect transformer, capacitor and accessories and report damage, loose connections or material, shipping blocks or contamination that must be corrected. Clean where appropriate. Inspect for leaks and tighten all untapped connections. Clean all insulating surfaces, interior components, and cases. HEPA vac the insides of the transformers (i.e. remove covers) to control spread of dust from cleaning activities.

c. Both dry type and liquid cooled transformers must be cleaned exteriorly, inspected for signs of overheating with infra-red thermal detecting equipment, and inspected for any damage to the housing, connection points, or insulation.

d. Liquid cooled transformers must have the cooling liquid tested and replaced, when tests indicate that the liquid no longer meets manufacturer’s specification. The liquid must be re-filled to meet the manufacturer’s specification. Sample all insulating liquids, test for dielectric & water content and perform a gas analysis. Record all results and submit with final report.

4. Low Voltage Circuit Breakers, Distribution Panel Boards, and Switch Boards

a. Record switchgear, breaker and device nameplate information and compare with the facility’s one-line diagram, when available. Record discrepancies.

b. Inspect equipment and each breaker and report damage, loose connections or material, or contamination that must be corrected. Clean where appropriate.

c. Check equipment for level, security to foundation and operation of doors. Report any unfavorable environmental conditions such as excessive moisture or conducting dust that must be corrected. Clean where appropriate.

d. Clean and inspect each breaker. Megger phase-to-phase and phase-to-ground and measure contact resistance in micro-ohms. Test each series over current trip device for pickup at 300% of its rating and for instantaneous pickup (per NETA requirements) Clean and dress all contact surfaces and lubricate as necessary.

e. All electronic circuit breakers can be tested by secondary injection, where practical.

5. Service Disconnects (Branch Panel Mains)

a. With circuit breaker properly isolated, operate ON and OFF three (3) times. The breaker should operate smoothly, without binding. Perform this activity both prior and post testing. Report any deficiencies.

6. Automatic Transfer Switches

a. Perform electrical testing per manufacturer’s specifications.

b. Measure and record contact resistance and spacing.

c. Clean, lubricate, and exercise all moving parts. Lubricant to meet or exceed specification DIN 51825:2004-06-KP HC 1-2 K-50, Grade NLGI-1.5.

d. All electrical contacts shall be wiped down/cleaned.

e. Terminations shall be cleaned and torqued to manufacturer specifications.

f. Clean out interior of all cabinets to ensure free of dirt/debris.

Final Reports and Closeout:

A. Provide a complete written final report of the results of the Infra-red Scan, and electrical system inspection and testing. Information shown in the report shall be as following:

1. Company’s name, address, and contact information.

2. Name and signature of contractors who perform the maintenance and testing.

3. VA Work Contract Number

4. Date and Time of work.

5. Copies of contractors’ valid licenses, professional and training certificates.

6. Descriptions and model number of specialized tools and equipment used, such as torque wrench or infra-red scanning camera.

7. Location, type, name, and nameplate information of electrical equipment that was inspected, cleaned, and tested.

8. Descriptions of work items.

9. Test data.

10. Reference materials such as equipment manufacturer’s specifications, coordination study, etc.

11. Remarks on conditions of electrical equipment. List all deficiencies, if any.

12. Recommended corrective actions, if any.

13. The report should include a summary section of testing performed, a list of deficiencies found, and subsequent recommendation to address/correct each noted deficiency.

B. Within fourteen (14) days after submitting the final report, the Contractor shall schedule final review meeting with the Chief Engineer to discuss the findings and recommendations of the final report.

C. Submit four (4) hard copies and one (1) electronic version of the final report (in Microsoft Word format) to the Chief of Engineering Service within seven (7) calendar days after the completion of the testing. All reference materials shall be included in the electronic version of the report, either through scanning or other means of electronic text import methods.

D. Contractors shall report deficiencies that are deemed critical or catastrophic immediately to the Contracting Officer, and Chief of Engineering Service for immediate actions.

Payment

A. Payment for verifiable work covered under the contract:

1. Payment for all work covered under this Contract shall be made on a lump-sum basis upon completion of work and delivery of all contract deliverables.

2. Payment will be made in arrears of the specified billing period after receipt of a properly prepared invoice, provided all required work, including testing, submission of reports and all other requirements for the period in questions have been performed in accordance with contract stipulations, and can be verified with service reports signed by VA Engineering COR or designee.

B. Payment for work not covered under the contract:

1. No out-of-scope work shall commence without the explicit written consent of the Contracting Officer (CO) or Contracting Officer's Representative (COR), accompanied by the issuance of a distinct and specific purchase order. Should the Contractor determine that any work performed extends beyond the defined scope, all activities must be halted immediately. The Contractor is required to submit a comprehensive estimate detailing parts, labor, transportation, shipping costs, programming expenses, design expenses, engineering expenses, and any technical support or other associated services to the CO/COR for evaluation. Upon approval, the CO/COR will issue a separate and specific Purchase Order (PO) before any further work or service begins. Under no circumstances shall the Contractor provide any supplies, materials, or initiate any service, repair, or work identified as “Out-of-Scope” without formal written preapproval and the issuance of the corresponding purchase order. Any work performed without prior written consent and a distinct purchase order will be deemed unauthorized and non-payable under this contract. The Contractor acknowledges that any and all charges incurred for unauthorized work may not be reimbursed and accepts the risk of non-payment. The Contractor waives any and all claims against the agency for such unauthorized work. Furthermore, the Contractor acknowledges that unauthorized commitments by government personnel violate Federal Acquisition Regulation (FAR) Subpart 1.602-3 and may result in disciplinary action. The CO/COR is not liable for any unauthorized commitments, and the Contractor remains solely responsible for all costs associated with any unauthorized work.

References/Attachments:

A. Reference 1 - List of Equipment to be Tested

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Contractor to provide maintenance, inspection, testing, and/or calibration of the Electrical Power Distribution System and all its components located at the Cincinnati Veterans Affairs Medical Center (VA) and the Fort Thomas Domiciliary (located in Fort Thomas KY). This work also is to include all coordination with and payment to the electric utility provider(s) (Duke Energy) for disconnecting and reconnecting all facilities as required during testing. In addition, the contractor is to follow ANSI/NETA MTS Standard for Maintenance Testing Specifications ( see SOW for for detailed information and requirements).

36C25026Q0823

SECTION C - CONTRACT CLAUSES

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment—

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

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

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

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

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

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

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

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

(D) Contractor point of contact; and

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

(5) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

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

(4) Addenda to this solicitation or contract,

(5) Solicitation provisions incorporated in the solicitation.

(6) Other paragraphs of this clause.

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

(8) The specification.

(s) Unauthorized obligations.

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

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

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

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

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

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

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

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

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

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

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

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

C.2 52.222-90 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,…