36C25623Q1515.pdf

PAGE 1 OF1. 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

520-23-3-513-0239

36C25623Q1515

Derek Meyers 5045076045

CDT

Department of Veterans Affairs Network Contracting Office 16 5075 Westheimer Road, Suite 750

Houston TX 77056

X 100

X $45 Million

N/A

X

Department of Veterans Affairs VA Gulf Coast Veterans Health Care Syste 790 Veterans Way

Pensacola FL 32507

Department of Veterans Affairs Network Contracting Office 16 5075 Westheimer Road, Suite 750 Houston TX 77056

FSC e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp Invoice Setup Information 1-877-489-6135 invoice must be submitted electronically

1-877-489-6135

See CONTINUATION Page

VA Gulf Coast Veterans Health Care System's Pharmacy Mixing Room Fixtures

This solicitation is set-aside for SDVOSB's. Responses received from non-SDVOSB's will not be considered for award.

See section B.2 Price/Cost Schedule for items needed to complete this requirement. See Statement of Work (SOW) for additional information.

See CONTINUATION Page

X

X 1

Ross Futch Jr.

36C25623Q1455

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

B.4 Statement of Work

SECTION C - CONTRACT CLAUSES

C.1 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR

INFORMATION SYSTEMS (NOV 2021)

C.2 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (DEC 2022)

C.3 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.4 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

C.5 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.6 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

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

(DEVIATION)

C.7 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

C.8 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.9 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (MAR 2023)

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

SERVICES (NOV 2021)

E.3 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

E.4 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

1998)

E.6 VAAR 852.204-71 INFORMATION AND INFORMATION SYSTEMS SECURITY

(FEB 2023)

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

Department of Veterans Affairs

Network Contracting Office 16

5075 Westheimer Road, Suite 750

Houston TX 77056

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

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[X] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Upon Delivery and Government Acceptance

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.

FSC e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp

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

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMB

ER

DESCRIPTION OF

SUPPLIES/SERVICES

QUANTIT

Y UNIT UNIT PRICE AMOUNT

0001 1.00 JB _____________

HEPA Filters Qty 7 : 24" x 48" Price Industries LFDC laminar flow diffusers with HEPA filters. Includes aluminum plenum and face construction, standard white finish, 10" inlet, butterfly dampers, equalization baffles, aerosol injection system, and .5" thick aluminum foil-backed fiberglass external insulation.

PRINCIPAL NAICS CODE: 236220 - Commercial and Institutional Building Construction PRODUCT/SERVICE CODE: Z2DA - Repair or Alteration of Hospitals and Infirmaries

0002 1.00 JB _____________

Light Features PRINCIPAL NAICS CODE: 236220 - Commercial and Institutional Building Construction PRODUCT/SERVICE CODE: Z2DA - Repair or Alteration of Hospitals and Infirmaries

0002A A

8.00 EA _____________

Light Features

CSEDOIC-24-150I/100L-43K8-DCC-DV-2F-2H-SYM

PRINCIPAL NAICS CODE: 236220 - Commercial and Institutional Building Construction PRODUCT/SERVICE CODE: Z2DA - Repair or Alteration of Hospitals and Infirmaries

0002A 1.00 EA _____________ _____________

B _____ _____

Light Fixtures

IC150-4-8-L6020-DV-SP

PRINCIPAL NAICS CODE: 236220 - Commercial and Institutional Building Construction PRODUCT/SERVICE CODE: Z2DA - Repair or Alteration of Hospitals and Infirmaries

0003 1.00 JB _____________

Demo Light Fixtures and Diffusers PRINCIPAL NAICS CODE: 236220 - Commercial and Institutional Building Construction PRODUCT/SERVICE CODE: Z2DA - Repair or Alteration of Hospitals and Infirmaries

0003A A

1.00 JB _____________

Demo Light Fixtures and Diffusers

-Install (7) new 24” x 48” USP/800 compliant Price Industrial LFDC laminar flow diffusers with HEPA filters PRINCIPAL NAICS CODE: 236220 - Commercial and Institutional Building Construction PRODUCT/SERVICE CODE: Z2DA - Repair or Alteration of Hospitals and Infirmaries

0003A B

1.00 JB _____________

Demo Light Fixtures and Diffusers

-Install (8) USP797/800 compliant 2’ x 4’ light fixtures o Seal perimeters of lights/ diffusers and caulk screw heads o Touch up painting as necessary PRINCIPAL NAICS CODE: 236220 - Commercial and Institutional Building Construction PRODUCT/SERVICE CODE: Z2DA - Repair or Alteration of Hospitals and Infirmaries

GRAND TOTAL _____________

B.3 DELIVERY SCHEDULE

ITEM NUMBER

QUANTIT

Y

DELIVERY

DATE

0001 SHIP TO: VA Gulf Coast Veterans Health Care System 790 Veterans Way Pensacola, FL 32507

USA

1.00 NLT September

21, 2023

MARK FOR: Logan Bazo

(850) 912-2150 logan.bazo@va.gov

0002 SHIP TO: VA Gulf Coast Veterans Health Care System 790 Veterans Way Pensacola, FL 32507

USA

1.00 90 Days ARO

MARK FOR: Logan Bazo

(850) 912-2150 logan.bazo@va.gov

0002AA SHIP TO: VA Gulf Coast Veterans Health Care System 790 Veterans Way Pensacola, FL 32507

USA

8.00 90 Days ARO

MARK FOR: Logan Bazo

(850) 912-2150 logan.bazo@va.gov

0002AB SHIP TO: VA Gulf Coast Veterans Health Care System 790 Veterans Way Pensacola, FL 32507

USA

1.00 90 Days ARO

MARK FOR: Logan Bazo

(850) 912-2150 logan.bazo@va.gov

0003 SHIP TO: VA Gulf Coast Veterans Health Care System 790 Veterans Way

1.00 90 Days ARO

Pensacola, FL 32507

USA

MARK FOR: Logan Bazo

(850) 912-2150 logan.bazo@va.gov

0003AA SHIP TO: VA Gulf Coast Veterans Health Care System 790 Veterans Way Pensacola, FL 32507

USA

1.00 90 Days ARO

MARK FOR: Logan Bazo

(850) 912-2150 logan.bazo@va.gov

0003AB SHIP TO: VA Gulf Coast Veterans Health Care System 790 Veterans Way Pensacola, FL 32507

USA

1.00 90 Days ARO

MARK FOR: Logan Bazo

(850) 912-2150 logan.bazo@va.gov

B.4 Statement of Work

Statement of Work

Clean Room Fixture Replacements

VA Gulf Coast Veterans Health Care System

JACC Pensacola, FL 32507

Scope of Work

The awarded Contractor shall furnish all labor, tools, materials, equipment, subcontractors, and supervision necessary to safely perform all work associated with JACC Clean Room Fixture

Replacements. This work shall be performed at the VA JACC, Pensacola.

Background

These rooms are patient care and a critical area for services provided at the facility. These rooms provide the sole location for preparing specific medications (chemotherapies, and other infusions) that be mixed in a safe, sterile environment. Rooms are inspected on a bi-annual basis for compliance with

USP and VA standards. During the last inspection in March 2023, it was noted that the HEPA filters were at the end of their useable life and were approaching replacement. The light fixtures must be removed to access these filters and we are taking the opportunity to replace these light fixtures. This prevents any opening of the room envelope in the near future and prevents any additional infection control risks or equipment reliability concerns. Deficiencies noted are required to be corrected prior to September

2023 for rooms to maintain USP 797/800 and VA certification and continue operation.

1. Pharmacy Room Replace Fixtures

a. Infection Control i.

All work taking place in hazardous and non-hazardous mixing rooms (1B120, 1B120A, 1B121, and 1B122) requires specific garbing and cleaning of tools per the VA pharmacy infection control requirements and United States

Pharmacopeia (USP) 797 & 800 standards ii.

Contractor will abide by all VA pharmacy policies and guidelines in the completion of this work

b. Fixtures Replacement i.

HEPA Filters

*Filters will require immediate attention and replacement upon parts arrival, NLT……Sept 21,

1. Demo 7 existing diffusers

2. Provide and install 7 diffusers

a. Diffuser requirements: 24" x 48" Price Industries LFDC laminar flow diffusers with HEPA filters. Includes aluminum plenum and face construction, standard white finish, 10" inlet, butterfly dampers, equalization baffles, aerosol injection system, and .5" thick aluminum foil-backed fiberglass external insulation.

ii.

Light Fixtures

*Upon arrival, the contractor shall return for the completion of the light fixture upgrades, to occur, NLT 90 Days After Award.

1. Demo 8 total existing light fixtures

2. Provide and install 8 total fixtures with 2’x4’ LED USP 800 compliant fixtures

a. USP 797 & 800 fixtures should come standard with Indigo-Clean white continuous disinfection and Indigo disinfection or approved equivalent technology

b. Fixture controls should be programmed to run Indigo disinfection cycle when rooms are unoccupied to not disrupt pharmacy and Environmental Management Service (EMS) staff work tasks

c. Seal perimeter of fixture frames with submittal approved sealant in accordance with USP 797 & 800 and VA policies

d. Training i.

iii.

Prior to install, host training with engineering, pharmacy, and housekeeping staff on system safety, control, and Indigo-Clean technology and provide handouts for each group

Touch-up paint around mounted fixtures or accessories to match existing

iv. Provide and install clean room sealant on each screw head and perimeter of each item installed in cleanroom to meet VA infection control standards.

Sealant to be approved by VA COR for use in USP 797/800 environments.

v. Reference pictures, specs, and drawings can be found in Attachment A

2. Servicer experience

a. Servicer must have documented experience in USP 797/800 clean room environments.

3. Interior Finishes

a. Replace or repair all ceiling system disturbed by fixture replacement.

b. Repair any damaged flooring from the fixture replacement.

c. Repair walls/doors/trim of any damage in the fixture replacement process.

4. Equipment

a. Any equipment, rigging, or ladders shall be provided by the contractor or equipment vendor

5. Infection Control

a. Implement the requirements of VAMC’s Infection Control Risk Assessment (ICRA) team.

ICRA Group may monitor dust in the vicinity of the fixture replacement and require the

Contractor to take corrective action immediately if the safe levels are exceeded.

b. The contractor is responsible for notifying/educating all personnel involved in the fixture replacement of infection prevention measures established by the medical center and as noted on the ICRA Permit Form.

c. Isolate HVAC system in area where work is to be done to prevent the contamination of the air duct system.

d. Complete all critical barriers i.e. (sheetrock, plastic, etc. to seal area from non-work area or implement control cube method (cart with plastic covering and sealed connection to work site with HEPA vacuum - prior to vacuuming and prior to exit) before fixture replacement begins.

e. HEPA filtration is required where the exhaust dust may re-enter the breathing zone.

f. Contractor shall verify that exhaust that is released to the exterior of the building is not reintroduced and circulated back to the medical center via intake vents, or other building openings.

g. Negative air pressure must be maintained within workspace throughout the fixture replacement. Install HEPA (High Efficiency Particulate Accumulator) filter vacuum system rated at 95% capture of 0.3 microns including pollen, mold spores and dust particles. Insure continuous negative air pressures occurring within the work area. HEPA filters should have ASHRAE 85 or other pre-filter to extend the useful life of the HEPA.

Provide both primary and secondary filtrations units. Exhaust hoses shall be heavy duty, flexible steel reinforced and exhausted so that dust is not reintroduced and circulated back through the medical center. HEPA filters must be routinely monitored and replaced once filter become visibly dirty or is no longer effective.

h. Seal all holes, pipes, conduits, penetrations, or punctures within the envelope of the work area in an appropriate manner. The selected method of sealing must maintain the clean room’s required fire/smoke rating.

j. The Contractor shall construct an “ante-room” and require all personnel to pass through this room so they can be vacuumed using an HEPA vacuum cleaner before leaving the worksite or they can wear cloth or paper coveralls that are to be removed each time they leave the worksite. Keep area adjacent to the “ante-room” mopped and clean as required due to heavy worksite traffic.

During demolition, any dust producing work, and/or work in the ceiling, disposable shoes or shoe covers must be worn. This footwear shall be removed in the “ante-room” whenever the worker exits the work site.

k. Do not remove any ICRA barriers from the work area until the area is thoroughly cleaned, and the project is signed off as complete by the COR.

l.

Provide and install adhesive dust “sticky” walk-off mats at each entrance/exit of clean room. These mats shall be a minimum 600mm x 900mm (24” x 36”). Replace walk-off mats as often as required while maintaining clean work areas directly outside of the clean rooms.

m. Vacuum and wet mop all transition areas between the clean rooms and the occupied medical center at the end of each workday. The Vacuum shall utilize a HEPA filter.

Maintain the surrounding area by frequently removing debris. Transport the debris to a location outside of the pharmacy. Utilize containers with tightly fitting lids and dispose of them dumpsters that are provided by the contractor.

n. There shall be no standing water created and present on the worksite during fixture replacement. This includes water located in equipment drip pans and open containers within the pharmacy. All accidental spills must be cleaned up and dried within 30 minutes. Remove and dispose of porous materials that remain damp for more than 24 hours.

6. Installation Time

a. To meet recertification schedule HEPA diffuser installs must be completed Thursday, Sept.

21st- Friday, Sept. 22nd, 2023 during normal business hours (7am-4:30pm CST). Allometrics is the required post-work room certifier for USP 797/800 and VA pharmacy clean room standards.

Allometrics is scheduled to certify each compounding room and the new diffusers on Tuesday, Sept. 26th, 2023. A contractor representative must be present Tuesday, Sept. 26th for room recertification to immediately address any diffuser deficiencies Allometrics identifies.

b. Due to 8-10 week lead times for light fixtures, the contractor must plan for a second mobilization for light fixture replacements no later than 90 days after award. Exact date for replacement to be determined (TBD) in coordination with pharmacy and Allometrics recertification group after award. Similar to the HEPA diffuser replacements, Allometrics must perform post-work room certification. While Allometrics certifies each compounding room on date TBD, a contractor representative must be present to immediately address any light fixture deficiencies Allometrics identifies.

c. All aspects of this service shall be completed no later than (NLT) 16 weeks after award.” 7.

Special Bid Considerations by the Contractor

a. It is the responsibility of the Contractor and all involved sub-contractors to visit the site and field verify all existing conditions necessary to be addressed for the pricing of this subject project. All disposal costs and fees for debris removal will be the contractor’s responsibility. The contractor will be responsible for cleanliness of the building area exterior and providing their own dumpster on site.

8. Safety Considerations

a. Contractors shall provide and utilize all safety requirements in accordance with OSHA regulations in the performance of the work.

9. Notes

a. The Contractor shall submit ALL samples, including manufacture’s literature, of newly proposed materials for approval. No materials shall be procured or installed prior to the approval of the samples.

b. Site shall always be kept clean and free from debris, and the contractor shall remove debris daily from the health care system property. Contractor will not be allowed to use Government tools, materials, and/or labor for this project.

c. All work is to be performed in strict compliance with the attached specifications and

“Scope of Work”.

SECTION C - CONTRACT CLAUSES

FAR

Number

Title Date

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

C.1 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR

INFORMATION SYSTEMS (NOV 2021)

(a) Definitions. As used in this clause—

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures. (1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of Clause)

C.2 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

(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; 41 U.S.C. 4712 and 10 U.S.C. 4701 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the

Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

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

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

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

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

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

(End of Clause)

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

PRODUCTS AND COMMERCIAL SERVICES

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

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

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-- Commercial Products and Commercial Services (JUN 2023)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E. Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kapersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115- 91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78) (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.]

[ ] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655). (Exceeding SAT)

[ ] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C.

3509)). (If contract value is expected to exceed $6M and performance period is 120 days or more)

[ ] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) (All solicitations and contracts funded in whole or part with Recovery Act funds)

[ x ] (4) 52.204-10, Reporting Executive Compensation & First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note). ($30K or more, N/A if FPDS does not apply)

[ ] (5) [Reserved].

[ ] (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C). (Solicitations & contracts for services (including construction) that meet or exceed thresholds at FAR 4.1703, except for indefinite-delivery contracts. N/A for actions entirely funded by DoD, contracts awarded with a generic entity identifier, or in classified solicitations, contracts, or orders; Annual Report due Oct 31 thru SAM)

[ ] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C). (Solicitations & indefinite-delivery contracts for services (including construction) where one or more orders issued thereunder are expected to each meet or exceed the thresholds at FAR 4.1703. N/A for actions entirely funded by DoD, contracts awarded with a generic entity identifier, or in classified solicitations, contracts, or orders; Annual Report due Oct 31 thru SAM)

[ x ] (8) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub L. 117-328). (In all solicitations and contracts, unless an exception is granted in accordance with OMB Memorandum M-23-13.) More prescriptive info below in

NOTES.

[ x ] (9) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021) (31 U.S.C. 6101 note). (Applies to solicitations and contracts over $35,000).

[ ] (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313). (Over $600K & offeror checked “has” in paragraph (b) of FAR 52.209-7)

[ ] (11) [Reserved].

[ ] (12) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a). (Solicitations and contracts for acquisitions that are set aside or awarded on a sole-source basis to, HUBZone small business concerns under FAR 19.1305 or 19.1306. This includes multiple-award contracts when orders may be set aside for HUBZone small business as described in FAR 8.405-5 and 16.505(b)(2)(i)(F) or when orders may be issued directly to one HUBZone small business concern in accordance with FAR 19.504(c)(1)(ii)).

[ ] (13) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). (Solicitations and contracts conducted using full and open competition)

[ ] (14) [Reserved]

][ ] (15)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

(Use for solicitations and contracts involving total small business set-asides. This includes multiple-award contracts when orders may be set-aside for any of the small business concerns identified in FAR 19.000(a)(3), as described in FAR 8.405-5 and 16.505(b)(2)(i)(F))

[ ] (ii) Alternate I (MAR 2020) of 52.219-6. (When including FPI in the competition in accordance with FAR 19.502-7)

[ ] (16)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

(Use for solicitations and contracts involving partial small business set-asides. This includes part or parts of multiple-award contracts, including those described in FAR 38.101

(FSS).)

[ ] (ii) Alternate I (MAR 2020) of 52.219-7. (When including FPI in the competition in accordance with FAR 19.502-7)

[ ] (17) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)). (Exceeding SAT unless personal services or entire performance is outside of US and its outlying areas)

[ ] (18)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2022) (15 U.S.C. 637(d)(4)).

(Over $750,000, subcontracting possibilities exist & FAR 52.219-8 was included unless set-aside or 8(a). If no subcontracting possibilities, document the file in accordance with FAR 19.705-2(c))

[ ] (ii) Alternate I (NOV 2016) of 52.219-9. (For IFBs)

[ ] (iii) Alternate II (NOV 2016) of 52.219-9. (When contracting by negotiation & plans are required w/initial proposals)

[ ] (iv) Alternate III (JUN 2020) of 52.219-9. (When contract action will not be reported in FPDS pursuant to FAR 4.606(c)(5) or (c)(6)

[ ] (v) Alternate IV (SEP 2021) of 52.219-9. (Incorporating a plan due to a modification as provided for in FAR 19.702(a)(1)(iii)

[ ] (19)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)). (Insert in solicitations for multiple-award contracts under which orders will be set-aside for any small business concern identified in FAR 19.000(a)(3))

[ ] (ii) Alternate I (MAR 2020) of 52.219-13 (Full and open solicitations and contracts for multiple-award contracts under which orders will be set aside for any of the small business concerns identified in FAR 19.000(a)(3) if the conditions in FAR 19.502-2 are met at the time of order set-aside, and the specific program eligibility requirements, as applicable, are also then met)

[ ] (20) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 637s). ((a) For supplies, services, and construction, if any portion of the requirement is to be set aside for small business and the contract amount is expected to exceed the SAT, and in any solicitations and contracts that are set aside or awarded on a sole-source basis in accordance with FAR Subparts 19.8, 19.13, 19.14, or 19.15, regardless of dollar value.

This includes multiple-award contracts when orders may be set aside for small business concerns, as described in FAR 8.405-5 and 16.505(b)(2)(i)(F), and when orders may be issued directly to a small business concern as described in FAR 19.504(c)(1)(ii). For contracts that are set aside, the contracting officer shall indicate in paragraph (f) of the clause whether compliance with the limitations on subcontracting is required at the contract or order level; (b) If the prospective contractor waived the use of the HUBZone price evaluation preference, or is an other than small business, do not insert the clause in the resultant contract.)

[ ] (21) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C.

637(d)(4)(F)(i)). (When FAR 52.219-9 is included)

[ x] (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) (15 U.S.C. 657f). (Not used for VA acquisitions under Pub. L. 109-461 as implemented by VAAR Subpart 819.70, Consult with OGC for use in SDVOSB sole source for manufactured items over $5M not exceeding $7M in accordance with the limitations at FAR 19.1406.)

[ ] (23) (i) 52.219-28, Post Award Small Business Program Rerepresentation (MAR 2023) (15 U.S.C. 632(a)(2)). (Exceeding micro-purchase threshold when performance is in US or outlying areas)

[ ] (ii) Alternate I (MAR 2020) of 52.219-28 (After October 1, 2022 use in solicitations & resulting multiple-award contracts with more than one NAICS code)

[ ] (24) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)) (Solicitations and contracts that are set aside or awarded on a sole-source basis to EDWOSB concerns under FAR 19.1505(b) or 19.1506(a). This includes multiple-award contracts when orders may be set aside for EDWOSB concerns as described in FAR 8.405-5 and 16.505(b)(2)(i)(F) or when orders may be issued directly to one EDWOSB contractor in accordance with FAR 19.504(c)(1)(ii).

[ ] (25) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small…