36C25626Q0363_final.pdf

Combined Synopsis/Solicitation Notice

*= Required Field Combined Synopsis/Solicitation Notice

SUBJECT* CCTV and Burglar Alarm System Additions

GENERAL INFORMATION

CONTRACTING OFFICE’S ZIP CODE* 77056-5643

SOLICITATION NUMBER* 36C25626Q0363

RESPONSE DATE/TIME/ZONE 02-25-2026 15:00 CENTRAL TIME, CHICAGO, USA

ARCHIVE 15 DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS N

SET-ASIDE SBA

PRODUCT SERVICE CODE* 6350

NAICS CODE* 334290

CONTRACTING OFFICE ADDRESS Department of Veterans Affairs

Network Contracting Office 16 5075 Westheimer Road, Suite 750 Houston TX 77056-5643

POINT OF CONTACT* Contract Specialist Eugene Jackson Eugene.Jackson2@va.gov

PLACE OF PERFORMANCE

ADDRESS

MEDVAMC Domiciliary 4320 Old Spanish Trail Houston TX

POSTAL CODE 77021

COUNTRY

ADDITIONAL INFORMATION

AGENCY’S URL https://va.gov URL DESCRIPTION VA Homepage AGENCY CONTACT’S EMAIL ADDRESS Eugene.Jackson2@va.gov EMAIL DESCRIPTION Contract POC email

DESCRIPTION

Description

This is a combined synopsis/solicitation for commercial products and commercial services prepared in accordance with the format Revolutionary FAR Overhaul (RFO) in Federal Acquisition Regulation (FAR) subpart 12.202, “Streamlined Procedures for Evaluation and Solicitation for Commercial Products and Commercial Services,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued.

This solicitation is issued as an RFQ. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2025-06 (eff. 08/27/2025].

This solicitation is a Total Small Business Set-Aside.

The associated North American Industrial Classification System (NAICS) code for this procurement is 334290, with a small business size standard of 800 Employees.

The FSC/PSC is 6350.

The Michael E. Debakey VA Medical Center Domiciliary in Houston, TX is seeking additional CCTV and Burglar System equipment to add on to the existing system.

All interested companies shall provide quotations in section B.2 Price/Cost Schedule.

Place of Performance/Place of Delivery

Address: Michael E. Debakey VAMC Domiciliary 4320 Old Spanish Trail Houston, TX

Postal Code: 77021 Country: UNITED STATES

The full text of FAR provisions or clauses may be accessed electronically at https://www.acquisition.gov/browse/index/far.

The following solicitation provisions and clause apply to this acquisition:

1. FAR 52.212-1, “Instructions to Offerors–Commercial Products and Commercial Services”

2. FAR 52.212-2 Evaluation-Commercial Products and Commercial Services: In accordance with RFO FAR 12.201-1 and FAR 12.201-2 when appropriate, the contracting officer may (1) Insert the provision at 52.212-2, Evaluation-Commercial Products and Commercial Services, in solicitations for commercial products or commercial services.

3. Offerors must complete annual representations and certifications electronically via the System for Award Management (SAM) website located at https://sam.gov/.

4. FAR 52.212-4, “Contract Terms and Conditions–Commercial Products and Commercial Services” [NOV 2023] To facilitate the award process, all quotes must include a statement regarding the terms and conditions herein as follows:

"The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition."

OR

"The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:"

Quoters shall list exception(s) and rationale for the exception(s), if any.

All questions regarding this solicitation shall be submitted via email to the Contract Specialist, Eugene Jackson at Eugene.Jackson2@va.gov no later than 3:00P.M. CST on 17 FEB 2026. Please ensure you ask ALL questions.

Quotes are due no later than 25 FEB 2026 at 03:00PM CST and shall be submitted electronically via e-mail to the Contract Specialist, Eugene Jackson at eugene.jackson2@va.gov

36C25626Q0363

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

B.3 DELIVERY SCHEDULE

B.4 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

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

COMMERCIAL SERVICES (NOV 2023)

C.2 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025) (DEVIATION)

C.3 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

C.4 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

C.5 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.6 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

SERVICES (SEP 2023)

E.2 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV

2021)

E.3 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)

E.4 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (FEB 2024)

E.5 52.225-2 BUY AMERICAN CERTIFICATE (OCT 2022)

E.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

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: POC Name: _________________ Address: ___________________ Phone: _____________________ Email: ______________________ UEI Number: ______________ Tax ID Number: ______________

b. GOVERNMENT: Steven A. Berkeley, Contracting Officer 36C256 Network Contracting Office 16

5075 Westheimer Road, Suite 750 Houston TX 77056-5643 Phone: 713-791-1414

E-mail: Steven.berkeley@va.gov

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

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

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Upon receipt 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.

5. 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

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 7.00 EA __________________ __________________

Workstation w/ Keyboard and Mouse Contract Period: Base POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 334290 - Other Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 6350 - Miscellaneous Alarm, Signal, and Security Detection Systems

MANUFACTURER PART NUMBER (MPN): NA

NATIONAL STOCK NUMBER: NA

LOCAL STOCK NUMBER: NA

0002 9.00 SE __________________ __________________

Monitor Contract Period: Base POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 334290 - Other Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 6350 - Miscellaneous Alarm, Signal, and Security Detection Systems

MANUFACTURER PART NUMBER (MPN): NA

NATIONAL STOCK NUMBER: NA

LOCAL STOCK NUMBER: NA

0003 1.00 EA __________________ __________________

Cat6 Cabling Contract Period: Base POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 334290 - Other Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 6350 - Miscellaneous Alarm, Signal, and Security Detection Systems

MANUFACTURER PART NUMBER (MPN): NA

NATIONAL STOCK NUMBER: NA

LOCAL STOCK NUMBER: NA

0004 1.00 EA __________________ __________________

Bosch Keypad Contract Period: Base POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 334290 - Other Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 6350 - Miscellaneous Alarm, Signal, and Security Detection Systems

MANUFACTURER PART NUMBER (MPN): NA

NATIONAL STOCK NUMBER: NA

LOCAL STOCK NUMBER: NA

0005 2.00 EA __________________ __________________

Siren Contract Period: Base POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 334290 - Other Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 6350 - Miscellaneous Alarm, Signal, and Security Detection Systems

MANUFACTURER PART NUMBER (MPN): NA

NATIONAL STOCK NUMBER: NA

LOCAL STOCK NUMBER: NA

0006 1.00 EA __________________ __________________

Plenum Cabling 18/4C Contract Period: Base POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 334290 - Other Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 6350 - Miscellaneous Alarm, Signal, and Security Detection Systems

MANUFACTURER PART NUMBER (MPN): NA

NATIONAL STOCK NUMBER: NA

LOCAL STOCK NUMBER: NA

0007 1.00 EA __________________ __________________

Programming and Training Contract Period: Base POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 334290 - Other Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 6350 - Miscellaneous Alarm, Signal, and Security Detection Systems

MANUFACTURER PART NUMBER (MPN): NA

NATIONAL STOCK NUMBER: NA

LOCAL STOCK NUMBER: NA

0008 1.00 EA __________________ __________________

Installation Contract Period: Base POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 334290 - Other Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 6350 - Miscellaneous Alarm, Signal, and Security Detection Systems

MANUFACTURER PART NUMBER (MPN): NA

NATIONAL STOCK NUMBER: NA

LOCAL STOCK NUMBER: NA

GRAND TOTAL __________________

B.3 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

0001 SHIP TO: Houston VA Domiciliary 4320 Old Spanish Trail Houston, TX 77021

USA

7.00 TBD

MARK FOR: Sharon Gray 832-477-2606 GRAY.SHARONH@va.gov

FOB: DESTINATION

0002 SHIP TO: Houston VA Domiciliary 4320 Old Spanish Trail Houston, TX 77021

USA

9.00 TBD

MARK FOR: Sharon Gray 832-477-2606 GRAY.SHARONH@va.gov

FOB: DESTINATION

0003 SHIP TO: Houston VA Domiciliary 4320 Old Spanish Trail Houston, TX 77021

USA

1.00 TBD

MARK FOR: Sharon Gray 832-477-2606 GRAY.SHARONH@va.gov

FOB: DESTINATION

0004 SHIP TO: Houston VA Domiciliary 4320 Old Spanish Trail Houston, TX 77021

USA

1.00 TBD

MARK FOR: Sharon Gray 832-477-2606 GRAY.SHARONH@va.gov

FOB: DESTINATION

0005 SHIP TO: Houston VA Domiciliary 4320 Old Spanish Trail Houston, TX 77021

USA

2.00 TBD

MARK FOR: Sharon Gray 832-477-2606

GRAY.SHARONH@va.gov

FOB: DESTINATION

0006 SHIP TO: Houston VA Domiciliary 4320 Old Spanish Trail Houston, TX 77021

USA

1.00 TBD

MARK FOR: Sharon Gray 832-477-2606 GRAY.SHARONH@va.gov

FOB: DESTINATION

0007 SHIP TO: Houston VA Domiciliary 4320 Old Spanish Trail Houston, TX 77021

USA

1.00 TBD

MARK FOR: Sharon Gray 832-477-2606 GRAY.SHARONH@va.gov

FOB: DESTINATION

0008 SHIP TO: Houston VA Domiciliary 4320 Old Spanish Trail Houston, TX 77021

USA

1.00 TBD

MARK FOR: Sharon Gray 832-477-2606 GRAY.SHARONH@va.gov

FOB: DESTINATION

B.4 STATEMENT OF WORK

New installation of additional Closed Circuit TV System (CCTV) and Burglar Alarm System Equipment to the existing Security Systems throughout the facility.

1. BACKGROUND: This Statement of Work is required for the Michael E. DeBakey VA Medical Center (MEDVAMC), Social Work Service - to expand and ensure compliance with safety and security regulations at the Domiciliary Residential and Rehabilitation Treatment Program (DRRTP) facility.

2. OBJECTIVES: The purpose of this project is to add to the existing CCTV and Burglar Alarm Systems. This installation would enable the Domiciliary to be compliant with Appendix E, Safety and Security Section of VHA Directive 1162.02 for Mental Health Residential Rehabilitation Treatment Programs (MH RRTP).

3. SCOPE OF WORK: The intent of this project is to add to the current CCTV and Alarm systems in the designated areas listed, meeting all the requirements for intended use, installed to the highest standards and the requirements of the contract documents. All services and supplies shall meet or exceed what is required by this Statement of Work and be executed in a professional manner resulting in a finished product of highest quality. The contractor shall provide all labor, equipment, materials, testing, transportation, and any other materials or services necessary to provide and install additional equipment to the existing CCTV and Alarm systems. All additional hardware and software are to be compliant and compatible with the existing systems now in place.

3.1 PLACE OF PERFORMANCE:

Michael E. DeBakey VA Medical Center Domiciliary Residential and Rehabilitation Treatment Program facility located at 4320 Old Spanish Trail, Houston, Texas 77021.

3.2 WORKING HOURS:

The Domiciliary is a 24/7 facility, however the normal operating hours are from 8:00 am to 4:30 pm. Monday through Friday. All work should be accomplished during normal duty hours, Monday through Friday, excluding federal holidays. The contractor must arrange with the program manager or designee to schedule work and facility access outside of these hours.

The following are federal holidays:

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Juneteenth Christmas Day Independence Day

In addition to the days designated as federal holidays, the Government observes the following days:

• Any other day designated by Federal Statute

• Any other day designated by Executive Order

• Any other day designated by the President’s Proclamation

4. REQUIREMENTS and PROJECT DESCRIPTION:

Installation shall be completed as indicated in the SOW (30 days from award date). The work required of the contractor shall be performed in accordance with this Statement of Work:

Minimum Requirements:

This proposal is based on the following equipment and Installation.

Seven (7) New CCTV Viewing Workstations w/Keyboard and Mouse in the following locations:

(3) New Workstations – Each Nurse Station

(2) New Workstations – VA Police Department (VAPD) main and VAPD secondary office (1)New Workstation – Main Lobby Reception desk

(1) New Workstation – Domiciliary Chief office

Nine (9) New Workstation Monitors (VAPD Locations will have (2) monitors each All other locations will have (1) monitor each

Provide and route new data drops to each location, data drops in areas will tie into the VA OIT network, data drops will need to be installed to the Juniper Network

Set up and Installation.

Relocation of (1) Bosch Burglar Alarm Keypad Installation of (1) New Bosch Burglar Alarm Keypad Installation of (2) Burglar Alarm Siren(s) Installation of Necessary Cabling Installation of Equipment Programming Equipment

1. Installation Timeframe: The Contractor shall coordinate completion date and daily work hours with the designated POC not to exceed 30 days from contract award. Any technical questions regarding the installation of the system or its technical operation shall be directed through the designated POC or delegate.

2. The equipment that is installed shall match and be like the existing system in use. Structural members shall not be cut or altered, except where noted on drawings and/or specifications, without authorization of the Contracting Officer. Work remaining in place that is damaged or defaced during this contract shall be restored to the condition existing at time of award of contract.

3. The Contractor is responsible for moving any furniture or equipment located in the building (except for equipment and/or paperwork that cannot be moved, in which case the Contractor shall provide adequate protection for such equipment before any preparation and painting). All moved items should be put back to their original locations as work is completed.

4. The Contractor shall coordinate work of different trades so that interference between mechanical, electrical, architectural, and structural work, including existing services, will be avoided and, within limits indicated, the maximum practical space for operation, repair, removal, and testing of equipment is provided. Keep pipes, ducts, conduits, and the like as close as possible to ceiling slab, walls, and columns to take up a minimum amount of space. Locate pipes, ducts, and equipment so they do not interfere with the intended use of eyebolts and other lifting devices.

5. Any work performed by the Contractor at his/her own volition outside specified working hours will be at no additional expense to the Government.

6. No unauthorized work shall be initiated without the prior approval of the Contracting Officer or the program manager. The Contracting Officer shall approve any request, or proposal for changes in project scope and/or additional requirements, in writing prior to the Contractor proceeding with any related work. Any changes accomplished without prior written approval, will be done at the Contractor’s expense.

7. All measurements/locations are approximate and shall be verified by the Contractor. The Government will not be held responsible for any error or variation in any measurements or other data listed, nor will the Contractor, because of an error or variation in any measurement listed, be relieved of his responsibility to carry out the contract in accordance with the true intent and meaning of the specifications without additional cost to the Government.

8. The Contractor shall be responsible for complying with any applicable laws, codes, and regulations (federal, state and local) in connection with the prosecution of the work. Additionally, the Contractor is responsible for obtaining all permits, licenses, etc. that are required by local law or ordinance.

9. Quality Assurance: The Government will participate in the final test procedures. Any work deemed not to be compliant with the referenced standards and practices shall be re-worked at the contractor’s expense.

5. RECORDS MANAGEMENT LANGUAGE FOR CONTRACTS

The following standard items relate to records generated in executing the contract and should be included in a typical Electronic Information Systems (EIS) procurement contract:

1. Citations to pertinent laws, codes and regulations such as 44 U.S.C chapters 21, 29, 31 and 33;

Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part

1228.

2. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

3. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records.

4. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

5. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

6. The Government Agency owns the rights to all data/records produced as part of this contract.

7. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

8. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

9. No disposition of documents will be allowed without the prior written consent of the Contracting Officer.

The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

10. Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

Source: The National Archives Records Administration (NARA). http://www.archives.gov/records-mgmt/handbook/records-mgmt-language.html

6. SAFETY AND CONSIDERATIONS:

Contractor’s workmen shall obtain and utilize all safety items required to ensure all safety requirements are in accordance with OSHA and other applicable regulations during all phases of work performed.

7. QUALIFICATIONS:

This is a brand name requirement. Contractor must be authorized and certified by the below OEM’s and specific model’s listed below:

Description Manufacturer Model Alarm System Bosch B9512G CCTV Avigilon 04291-039-592-465

All personnel engaged in the contract activities specified herein must be licensed by the state, local authority, and/or the city local authority in those trades, crafts or professions that require licensing by such jurisdictions.

The license must be of a grade or other level consistent with the requirement of the work being performed and/or as established by the above jurisdictions.

8. INFORMATION AND SECURITY:

All VA sensitive information shall be protected at all times, in accordance with VA local site guidelines. The Contractor shall report any known or expected security/privacy incidents, or any unauthorized disclosure of sensitive information, to the contract POC. The Contractor shall follow all Government rules and regulations regarding information security to prevent disclosure of sensitive information to unauthorized individuals or organizations, and shall adhere to all VA Privacy & Security, the Privacy Act, and Health Insurance Portability and Accountability Act (HIPPA) requirements when obtaining and reviewing information

9. CHANGES AND MODIFICATIONS:

Changes to the terms and conditions of this contract are only authorized in writing by a warranted Government Contracting Officer. Non-warranted individuals are not authorized to make changes.

If any service awarded under this requirement requires modification or is removed by the Contractor or manufacturer, or if any required modification or removal is suggested or mandated by a regulatory or official agency, the following steps will immediately be taken by the Contractor or manufacturer:

1. Notify the Contracting Officer, in writing, in the most expeditious manner possible. Provide two copies of the notification which shall include, but not be limited to the following:

1. Complete service description and/or identification and the contract number assigned as a result of an award of this Statement of Work.

2. Reasons for modifications or removal.

3. Necessary instructions for any corrective action.

Contractor shall be responsible for any costs associated with the requested changes

10. WARRANTY AND SUPPORT:

Engineering Services shall have full access to the hardware that constitutes this equipment. The VA point of contact must be briefed, by the vendor, on all upgrades and changes and agrees to each prior to shipment.

The vendor shall provide two (2) sets of Instructions for Users manuals (electronic or hard copy) relevant to the system’s functionality, as applicable. Additionally, Contractor shall provide the standard OEM (Original Equipment Manufacturer) warranty period for all equipment provided starting upon receipt of delivery to VA and complete and accepted installation. Any standard service warranties shall be applied as well.

11. INVOICES:

Offeror may submit invoices for any completed and government accepted items on the Price Schedule. See VAAR Clause 852.232-72, Electronic Submission of Payment Requests for invoicing procedures. Payment will be made upon receipt of a properly prepared detailed invoice, prepared by the Contractor, validated by the Contracting Officer’s Representative (COR). A properly prepared invoice will contain:

a) Invoice Number and Date

b) Contractor’s Name and Address

c) Accurate Purchase Order Number

d) Supply or Service provided.

e) Total Amount Due

(End of Statement of Work)

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)

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

PRODUCTS AND COMMERCIAL SERVICES

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

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

C.2 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

(a) Definitions. As used in this clause—

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

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Covered article, as defined in 41 U.S.C. 4713(k), means:

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153);

(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or

(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means—

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means—

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled—

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

FASC-prohibited unmanned aircraft system means an unmanned aircraft system manufactured or assembled by an American Security Drone Act—covered foreign entity.

FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring removing covered articles from executive agency information systems or excluding one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201-1.303(d) and (e):

(1) The Secretary of Homeland Security may issue FASCSA orders that apply to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.

(2) The Secretary of Defense may issue FASCSA orders that apply to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.

(3) The Director of National Intelligence (DNI) may issue FASCSA orders that apply to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.

Information technology, as defined in 40 U.S.C. 11101(6)—

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—

(1) The Office of the Director of National Intelligence;

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;

(9) The Bureau of Intelligence and Research of the Department of State;

(10) The Office of Intelligence and Analysis of the Department of the Treasury;

(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or

(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.

Interconnection arrangement means arrangements governing the physical connection of two or more networks to allow the use of another’s network to hand off traffic where it is ultimately delivered (e.g., connecting a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Kaspersky Lab-covered article means any hardware, software, or service that—

(1) Is developed or provided by a Kaspersky Lab-covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a Kaspersky Lab-covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a Kaspersky Lab-covered entity.

Kaspersky Lab-covered entity means—

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab, including any change in name, e.g., “Kaspersky”;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab;

or

(4) Any entity of which Kaspersky Lab has a majority ownership.

National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency—

(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or

(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Sensitive compartmented…