36C25526Q0351.docx

36C25526Q0351

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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

36C25526Q0351 04-2 -2026 Kobulnicky, Erika/Erika.Kobulnicky@va.gov 913-946-1991 05- -2026

7:00 AM

CDT

36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway Leavenworth KS 66048 X 517111 1500 Employees N/A X Department of Veterans Affairs Marion VA Medical Center 2401 West Main St.

Marion IL 62959-1188 36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway Leavenworth KS 66048

36C255 Department of Veterans Affairs Financial Services Center http://www.fsc.va.gov/einvoice.asp Austin TX 877-353-9791 512-460-5429 See CONTINUATION Page Private Ethernet transport services to support Illinois Law Enforcement Agencies Data System (LEADS 3.0) connectivity for the Marion VA Health Care Center.

This solicitation is for a five (5) year IDIQ with five (5) twelve-month Ordering Periods.

Ordering period one: 06/01/2026–05/31/2027.

Ordering Period Two: 06/01/2027-05/31/2028 Ordering Period Three: 06/01/2028–05/31/2029 Ordering Period Four: 06/01/2029–05/31/2030 Ordering Period Five: 06/01/2030–05/31/2031 This acquisition is unrestricted.

See B.2 Performance Work Statement (PWS), B.3 Schedule, Section D and E.1 52.212-1 Instructions to Offerors for additional information.

Questions due no later than April 29

2026, by 7:00 AM CST.

See CONTINUATION Page X X X one( 1) Buchanan, Lisa A.

Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT:

Contracting Officer 36C255 Lisa Buchanan/ Lisa.Buchanan1@va.gov Contract Specialist 36C255 Erika Kobulnicky/ Erika.Kobulnicky@va.gov Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway Leavenworth KS 66048

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:

http://www.fsc.va.gov/einvoice.asp ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 PERFORMANCE WORK STATEMENT

LEADS 3.0 PRIVATE ETHERNET TRANSPORT SERVICE FOR

MARION VA HEALTH CARE SYSTEM

CONTRACT TYPE

The Government anticipates awarding a single-award Indefinite Delivery, Indefinite Quantity (IDIQ) contract as a result of this solicitation. Orders for Private Ethernet transport services in support of LEADS 3.0 connectivity will be placed under this IDIQ during the ordering periods identified in the Period of Performance section.

I. INTRODUCTION

This Performance Work Statement (PWS) outlines the requirements for procuring a dedicated private Ethernet transport circuit and associated services needed to access the Illinois Law Enforcement Agencies Data System (LEADS 3.0) through the currently installed Police Desktop computer at the Marion VA Health Care System. For purposes of this requirement, any legacy references to “VPN Ethernet” are understood to mean this private Layer‑2 Ethernet transport to the Illinois Century Network (ICN) point of presence and do not indicate use of an IPsec, SSL, or other overlay VPN tunnel. Transport contractors must be approved by the Illinois Department of Innovation and Technology (DoIT) and LEADS as an acceptable provider for ICN Point‑of‑Presence connectivity and must separately be approved by the Illinois State Police LEADS Administration as meeting Criminal Justice Information Services (CJIS) security and background screening requirements.

II. SCOPE

The Contractor shall provide all labor, materials, equipment, transport services, and coordination necessary to establish and maintain a LEADS 3.0 connection via the Illinois Century Network (ICN) using a Metro‑E, EVPL, Layer‑2, or similar private Ethernet transport circuit from the Marion VA Health Care System to an ICN point of presence (POP) as required by the State of Illinois. No separate VPN overlay (such as an IPsec or SSL VPN across the public Internet) shall be used for LEADS transport; connectivity shall be provided via the dedicated private Ethernet circuit to ICN as defined by the State of Illinois. The Contractor shall upgrade as needed or retain currently installed equipment to provide the fiber transport circuit and all other items or software required to complete the circuit for functional LEADS service. This service shall be logically segmented from the VA production network and shall support LEADS access only, in accordance with CJIS and VA security requirements.

The Contractor shall provide services and support at the locations identified in this Performance Work Statement. The Government reserves the right to add, remove, or modify locations and facilities as mission requirements evolve across the current and future operational footprint. The Contractor shall accommodate these changes within the scope of the contract without disruption to services, and any adjustments to pricing, schedule, or resources resulting from such changes shall be addressed through the appropriate contractual modification process in accordance with the applicable Changes clause.

III. SPECIFICATIONS

A. Transport and Network Architecture

1. The service shall be a private Ethernet transport circuit (e.g., Metro‑E, EVPL, Layer‑2 point‑to‑point) from the Marion VA Health Care System (A‑location: 2401 West Main St., Marion, IL 62959) to the point‑of‑presence (POP) as required for LEADS connectivity. This private Ethernet transport replaces traditional VPN‑based approaches and shall not traverse the public Internet.

2. No traditional internet service provider (ISP) circuit shall be used to reach LEADS; Illinois Century Network (ICN) is the only entity that provides LEADS access.

3. The minimum required bandwidth is 10–20 Mbps; higher speeds (e.g., 100 Mbps or 1 Gbps) are acceptable.

4. The transport circuit shall terminate at the building demarc in Building 37, Room 131 (SE corner), or as otherwise directed by VA/transport provider, and shall extend to the Main Distribution Frame (MDF) housing the DoIT/ICN router.

5. Logical segmentation is required; LEADS traffic shall traverse the dedicated ICN/DoIT router and LEADS workstation VLAN and shall not be exposed to the public internet or traverse Network Address Translation (NAT).

B. Internal Cabling and Pathways

1. The Contractor shall provide and install any new fiber or copper cabling needed between the telecom demarc and the MDF/IDF rack where the DoIT router and VA network equipment reside, if the existing handoff is not already present.

2. Fiber type (e.g., OS2, OM4/OM5), interface speed (e.g., 1G LX, 10G LR), and connector type (e.g., LC, SC, APC/UPC) shall be as required by the transport provider and ICN router port specifications.

3. All new cabling and penetrations shall comply with applicable building codes, including proper firestopping of penetrations.

4. The Contractor shall provide certification test results (e.g., OTDR or equivalent) for any new fiber or copper runs.

C. Rack Infrastructure and Power

1. Equipment supporting LEADS connectivity (transport CPE, ICN router, patch panels, etc.) shall be located in the Police Dispatch office (Building 42, Room A102) and in the MDF as directed by VA.

2. The Contractor shall coordinate with the COR to utilize existing rack space and UPS‑backed power; if additional rack hardware is required, it shall be proposed to and approved by VA.

3. Physical access to areas containing LEADS‑related equipment shall be badge‑controlled, in accordance with CJIS and VA physical security requirements.

D. Endpoint Connectivity

E. Performance and Availability

1. The transport service shall provide a minimum of 10–20 Mbps dedicated bandwidth for LEADS traffic; higher capacity is acceptable and may be proposed.

2. A minimum service level of 99.9% availability is recommended and shall be described in the Contractor’s proposal, including support hours and incident response commitments.

3. Redundant transport paths and automatic failover are not required by ICN/LEADS but may be proposed as options, clearly priced separately.

IV. ROLES, RESPONSIBILITIES, AND STATE COORDINATION

A. Illinois Century Network (ICN) and LEADS

1. ICN is the mandatory network provider for LEADS access; ICN/DoIT provides routing and addressing for LEADS connectivity via a DoIT‑managed router inside the VA facility.

2. VA Police are currently utilizing LEADS and must notify ISP LEADS Administration of any transport vendor changes and complete any required State/LEADS vendor forms.

1. CJIS Security Policy compliance is mandatory for all vendors and personnel involved in LEADS connectivity, including required background checks for any technician with access to LEADS‑connected systems or the DoIT router environment.

2. LEADS endpoint hardening must comply with CJIS principles; VA may apply DISA/NIST baselines to satisfy these controls.

3. Multi‑factor authentication (MFA) is required for LEADS application access and user authentication.

V. INFORMATION SECURITY

All VA information security, privacy, and training requirements already contained in this PWS remain in full force and apply to all activities conducted under this contract, including LEADS‑related connectivity, transport, and endpoint configuration.

In addition, the Contractor shall:

1. Ensure that any personnel with access to LEADS‑connected infrastructure or the DoIT router are CJIS‑screened and meet all applicable CJIS Security Policy requirements.

2. Ensure that no end‑of‑life or end‑of‑support network devices or components are used in the LEADS path.

3. Cooperate with VA and ISP LEADS Administration in incident response, logging, and investigations related to LEADS or criminal justice information, consistent with VA 6500 and CJIS procedures.

VI. QUESTIONS AND ANSWERS / TECHNICAL CLARIFICATIONS

The requirements of this PWS incorporate the Government’s responses to vendor questions and technical clarifications issued under Solicitation 36C25526Q0202, including but not limited to:

1. The requirement to connect to the Illinois Century Network (ICN) as the Z‑location for LEADS VPN Ethernet service.

2. The minimum required bandwidth of 10–20 Mbps for LEADS connectivity.

3. The priority of the ICN connection over selection of any specific internet service provider; LEADS Administration does not approve consumer ISPs but ICN/DoIT must support the selected transport vendor and handoff.

In the event of any inconsistency between informal Q&A text and this PWS, this PWS and any formal amendment issued by the Contracting Officer shall govern.

VII. PLACE OF PERFORMANCE

The place of performance for this requirement is the Marion VA Health Care System, 2401 West Main St., Marion, Illinois 62959, including associated telecommunications spaces (e.g., Building 37 Room 131, MDF/IDF rooms, and Police Dispatch in Building 42 Room A102), as required to support LEADS 3.0 connectivity.

Vendors are advised that VA reorganization may necessitate adding additional locations to this contract in the future. Any such additions will be completed by bilateral modification.

VIII. PERIOD OF PERFORMANCE

It is the Government’s intent to have a base period plus four (4) ordering periods, as follows:

· Ordering Period One: 06/01/2026 through 05/31/2027

· Ordering Period Two: 06/01/2027 through 05/31/2028

· Ordering Period Three: 06/01/2028 through 05/31/2029

· Ordering Period Four: 06/01/2029 through 05/31/2030

· Ordering Period Five: 06/01/2030 through 05/31/2031

The Government reserves the right to exercise ordering periods in accordance with the terms and conditions of the contract.

IX. Contract Administration Data All contract administration functions will be retained by the Department of Veterans Affairs.

The Contracting Officer will be the only person authorized to approve changes or modify any of the requirements under this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer will be authorized to make commitments or issue changes that affect price, quantity, or quality of performance of this contract. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered unauthorized and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

X. Contracting Officer’s Representative Pursuant to VAAR Provision 852.270-1, Representatives of Contracting Officer, the designated representative for this contract will be determined at award.

XI. Acronyms and Definitions CDR: Contract Discrepancy Report. Report issued by the Government to the contractor to document a supply or service found to be unacceptable during contract performance.

CLIN: Contract Line-Item Number. Unit of work (or service) to be performed (or delivered) by the contractor as a pay item.

CO: Contracting Officer. A person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.

COR: Contracting Officer’s Representative. An individual, including a Contracting Officer’s Representative (COR), designated and authorized in writing by the contracting officer to perform specific technical or administrative functions.

QA: Quality Assurance. Actions taken by the government to assure contracted services meet PWS requirements.

XII. Personnel Non-Personal Services This is a non-personal services contract. Personnel rendering services under this contract are not subject either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the government and its employees. The Government shall not exercise any supervision or control over the contract service s performing services herein. Such contract service s shall be accountable solely to the Contractor who, in turn, is responsible to the Government. Contractor Compliance with the Immigration and Nationality Act of 1952 The Contractor shall comply with any and all legal provisions contained in the Immigration and Nationality Act of 1952, As Amended; its related laws and regulations that are enforced by Homeland Security, Immigration and Customs Enforcement and the U.S Department of Labor as these may relate to non-immigrant foreign nationals working under contract or subcontract for the Contractor while providing services to Department of Veterans Affairs patient referrals.

XIII. Hours of Operations Business hours for the VAMC follow:

New Year’s Day;

Martin Luther King’s Birthday;

Presidents Day;

Memorial Day;

Juneteenth Independence Day Independence Day;

Labor Day;

Columbus Day;

Veterans Day;

Thanksgiving;

Christmas; and any other day specifically declared by the President of the United States to be a national holiday.

c. Off-Duty hours: Friday through Monday, 4:30 p.m. - 8:00 a.m.; Monday through Thursday, 4:30 pm – 8:00 am.

XIV. Quality Control CONTRACT PERFORMANCE MONITORING. The COR may perform surveillance of services by any of the methods listed below:

a. Observing actual performance;

b. Inspecting the services to determine whether or not the performance meets the performance standards; and

c. Review of any other appropriate records.

1. When unacceptable performance occurs, the COR shall inform the Contractor and the Contracting Officer. This will normally be in writing unless circumstances necessitate verbal communication. In any case the COR shall document the discussion and place it in the COR file.

When the COR determines formal written communication is required, the COR shall prepare a Contract Discrepancy Report (CDR) and present it to the contractor program manager. The Contractor shall acknowledge receipt of the CDR in writing. The CDR will specify if the Contractor is required to prepare a corrective action plan to document how the Contractor shall correct the unacceptable performance and avoid a recurrence. The CDR will also state how long after receipt the Contractor has to present this corrective action plan to the COR. The Government shall review the Contractor corrective action plan to determine acceptability. Any CDRs may become a part of the supporting documentation for any contractual action deemed necessary by the Contracting Officer.

2. Pursuant to VAAR Provision 852.270-1, Representatives of Contracting Officer representative(s); The Government shall periodically evaluate the Contractor performance by appointing a Contracting Officers Representative (COR) to monitor performance to ensure services are received. The Government representative(s) shall evaluate the Contractor performance through inspections of observations, inspection of services or any other form of documentation and all complaints from VA personnel. The Government may inspect as each task is completed or increase the number of quality assurance inspections if deemed appropriate because of repeated failures or because of repeated customer complaints. Likewise, the Government may decrease the number of quality assurance inspections if performance dictates. The Government Contracting Officer shall make final determination of the validity of customer complaint(s).

3. If any of the services do not conform to contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by re-performance, the Government may require the Contractor to take necessary action to ensure that future performance conforms to contract requirements at no additional cost to the Government.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Private Ethernet Transport Service for LEADS 3.0 – Provide all labor, materials, equipment, and a dedicated Layer‑2 private Ethernet transport circuit between the Marion VA Health Care System and the designated Illinois Century Network (ICN) POP, providing LEADS 3.0 connectivity in accordance with the PWS.

Contract Period: First Ordering Period POP Begin: 06-01-2026 POP End: 05-31-2027

Private Ethernet Transport Service for LEADS 3.0 – Provide all labor, materials, equipment, and a dedicated Layer‑2 private Ethernet transport circuit between the Marion VA Health Care System and the designated Illinois Century Network (ICN) POP, providing LEADS 3.0 connectivity in accordance with the PWS.

Contract Period: Second Ordering Period POP Begin: 06-01-2027 POP End: 05-31-2028

Private Ethernet Transport Service for LEADS 3.0 – Provide all labor, materials, equipment, and a dedicated Layer‑2 private Ethernet transport circuit between the Marion VA Health Care System and the designated Illinois Century Network (ICN) POP, providing LEADS 3.0 connectivity in accordance with the PWS.

Contract Period: Third Ordering Period POP Begin: 06-01-2028 POP End: 05-31-2029

Private Ethernet Transport Service for LEADS 3.0 – Provide all labor, materials, equipment, and a dedicated Layer‑2 private Ethernet transport circuit between the Marion VA Health Care System and the designated Illinois Century Network (ICN) POP, providing LEADS 3.0 connectivity in accordance with the PWS.

Contract Period: Fourth Ordering Period POP Begin: 06-01-2029 POP End: 05-31-2030

Private Ethernet Transport Service for LEADS 3.0 – Provide all labor, materials, equipment, and a dedicated Layer‑2 private Ethernet transport circuit between the Marion VA Health Care System and the designated Illinois Century Network (ICN) POP, providing LEADS 3.0 connectivity in accordance with the PWS.

Contract Period: Fifth Ordering Period POP Begin: 06-01-2030 POP End: 05-31-2031

GRAND TOTAL

B.4 DELIVERY SCHEDULE

2401 West Main Street Marion, IL 62959-1188

USA

618 997-5311 x59189 Marcel.Cooper@va.gov

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

(End of Clause)

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Clause)

C.3 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 06/01/2026 through 05/31/2031..

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor’s email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of Clause)

C.4 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $1,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of to be determined

(2) Any order for a combination of items in excess of to be determined; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.5 52.216-22 INDEFINITE QUANTITY (NOV 2025) (DEVIATION)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the ordering period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order, which may include order options to be exercised after the ordering period of this contract but before the end of the period of performance of the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order, including options exercised, to the same extent as if the order were completed during the contract's ordering period; provided, that the Contractor shall not be required to make any deliveries under this contract after 05/31/2031..

(End of Clause)

C.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of Clause)

C.7 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;

(…