36C25626Q1127_RFQ.pdf

36C25626Q1127

SUBJECT* RFQ - Nutrition & Foodservice (NFS) Cook-Serve Conversion Equipment/Installation

GENERAL INFORMATION

CONTRACTING OFFICE’S ZIP CODE* 77056-5643

SOLICITATION NUMBER* 36C25626Q1127

TECHNICAL SITE VISIT DATE/TIME/ZONE 08-19-2026 1:00pm CENTRAL TIME, CHICAGO, USA QUESTION DATE/TIME/ZONE 08-21-2026 1:00pm CENTRAL TIME, CHICAGO, USA RESPONSE DATE/TIME/ZONE 08-27-2026 1:00pm CENTRAL TIME, CHICAGO, USA

ARCHIVE 1 DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS N

SET-ASIDE SDVOSBC

PRODUCT SERVICE CODE* 7320

NAICS CODE* 333241 Primary CONTRACTING OFFICE ADDRESS Department of Veterans Affairs

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

POINT OF CONTACT*

Contracting Officer Shasta Britt shasta.britt@va.gov

PLACE OF PERFORMANCE

ADDRESS Department of Veterans Affairs Michael E. DeBakey VA Medical Center

MEDVAMC

2002 Holcombe Blvd Houston TX

POSTAL CODE 77030-4211

COUNTRY USA

ADDITIONAL INFORMATION

AGENCY’S URL https://www.va.gov URL DESCRIPTION Department of Veterans Affairs AGENCY CONTACT’S EMAIL ADDRESS shasta.britt@va.gov EMAIL DESCRIPTION 36C25626Q1127-RFQ Response-Vendor Name mailto:shasta.britt@va.gov https://www.va.gov/ mailto:shasta.britt@va.gov

DESCRIPTION

This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with part 12. This announcement constitutes the only solicitation. Offers are being requested, and a separate written solicitation will not be issued.

Solicitation number is issued as a request for quotation (RFQ) for Nutrition & Foodservice (NFS)

Cook-Serve Conversion Equipment/Installation.

This acquisition is set-aside for Service Disable Veteran-Owned Small Business (SDVOSB) concerns. The solicitation documents and incorporated provisions and clauses are those in effect through Revolutionary FAR Overhaul (RFO) (eff. 03/16/2026), FAC 2026-01 (eff.

03/13/2026), FAR Deviation APR 2026 (eff. 04/23/2026), VAAR DEVIATION MAY 2026 (eff.

05/12/2026), VAAM Alert 26-01 (eff. 10/01/2025), and Acquisition Policy Flash 26-30 eff.

05/12/2026). This solicitation incorporates provisions and clauses by reference. The full text of provisions and clauses may be accessed electronically at www.acquisition.gov.

Contractors are required to be actively registered in the System for Award Management (SAM) and certified with the Small Business administrative (SBA) Dynamic Small Business Search

(DSBS) as a Service-Disable Veteran-Owned Small Business (SDVOSB). Vendor quote may be considered non-compliant and rejected if the Contracting Officer is unable to verify registration and SDVOSB certification status.

Primary NAICS Code: 333241 – This NAICS code represents the principal purpose of the acquisition, which is the purchase and installation of commercial food‑service machinery and trayline equipment.

Secondary Acceptable NAICS Codes: The following NAICS codes are acceptable for portions of the work described in the Statement of Work. These secondary NAICS codes do not replace the primary NAICS, and do not control size‑standard eligibility, but reflect the mixed nature of the installation, utility, and facility tasks required.

• 238220 – Used for plumbing/drain connections, water line installation, and related mechanical utility work.

• 238210 – Used for electrical demo, breaker installation, conduit/wiring, J‑box installation, and equipment hookups.

• 333415 – Applicable to the procurement and installation of air‑curtain refrigerators and related refrigeration equipment.

• 423440 – Serve primarily as wholesalers/distributors of commercial kitchen equipment.

• 561210 – Applicable for turnkey facility modification support including removal/disposal of equipment, cleaning, and integrated installation.

The Michael E. DeBakey VA Medical Center (MEDVAMC), 2002 Holcombe Blvd, Houston, Texas 77030 is seeking to purchase the requirements described above and within this announcement, RFQ attachment. The government expects this announcement to result in a

Firm-Fixed Price Single-Award contract.

See attached RFQ for the details… http://www.acquisition.gov/

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.2 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.3 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS

(DEVIATION APR 2026)

C.4 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

C.5 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

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

(DEVIATION)

C.6 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (JAN 2023)

(DEVIATION)

C.7 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 STATEMENT OF WORK (SOW)

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

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

E.4 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.5 52.237-1 SITE VISIT (APR 1984)

E.6 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS

AND CERTIFICATIONS (NOV 2025) (DEVIATION)

E.7 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (OCT 2025) (DEVIATION)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR: Company Name:

ATTN/POC Name:

Address:

Phone:

Email:

UEI:

Contract# (if applicable):

b. GOVERNMENT: Contracting Officer 36C256

Department of Veterans Affairs Network Contracting Office 16 Galleria Financial Center 5075 Westheimer Road, Suite 750 Houston TX 77056-5643

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

a. 52.232-33 Payment by Electronic Funds Transfer - System for Award

Management through TUNGSTEN

3. INVOICES: Invoices shall be submitted in arrears:

a. Other: Upon receipt and acceptance by the Government

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. http://www.fsc.va.gov/fsc/einvoice.asp

5. Offeror shall complete the following located in Sections B thru E of this solicitation to be deemed eligible:

a. Volume I:

a. Section B- CONTRACT ADMINISTRATION DATA, CONTRACTOR contact information.

b. Section C- 852.219-76 (SIGNED)

c. Submission of manufacturer’s authorized distributor letter, warranty, past performance, and specifications summarized in this RFQ and SOW.

b. Volume II:

a. Section B- PRICE/COST SCHEDULE.

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

AMENDMENT NO DATE

(End of Contract Administration Data) http://www.fsc.va.gov/fsc/einvoice.asp

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

DESCRIPTION OF

SUPPLIES/SERVICES QTY UNIT UNIT PRICE AMOUNT

75.00 EA __________________ __________________

TQC, 2 tray, 1 door, 20 capacity drain aethon base. Uncrate and removal all packing materials. Removal from VA property of seventy-five (75) Burlodge Model No. BLPOS.000 Pod Transport Carts Floor drain, one drain per door required Aethon compatible based added to carts during manufacturing Contract Period: Base POP Begin: 09-21-2026 POP End: 10-20-2026 PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing PRODUCT/SERVICE CODE: 7320 - Kitchen Equipment and Appliances

LOCAL STOCK NUMBER: DXPTC2T1D202

2.00 EA __________________ __________________

Beverage Counter, two drains, open understorage

Contract Period: Base POP Begin: 09-21-2026 POP End: 10-20-2026 PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing PRODUCT/SERVICE CODE: 7320 - Kitchen Equipment and

LOCAL STOCK NUMBER: DXP3CUDX2895

Mobile Plate and Dish Dispenser (Colossus Heated Plate

Dispenser, mobile, convection, (2) self-leveling adjustable cylinders, accommodates (75) 10-1/4" dia. china plates per silo, adjustable digital thermostat, thermostatic controls maintain plates at 180?F, 75 - 90 minute heating time, (2) soft-close hinged lids, fully insulated top & sides, stainless steel dispenser mechanisms with adjustable springs, push handle, heavy duty 304 stainless steel exterior, enclosed base, corner bumpers, (4) 5" swivel plate casters (2 with brakes), dual voltage, operates at 208v/60/1-ph, 3200 watts (15 amps), or 240v/60/1-ph, 3000 watts (13.3 amps), cord, NEMA 6-20P) Contract Period: Base POP Begin: 09-21-2026 POP End: 10-20-2026 PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing PRODUCT/SERVICE CODE: 7320 - Kitchen Equipment and

LOCAL STOCK NUMBER: DXPSBH2P

Serving Counter, Ice Cream. DineXpressT Serving Counter, Ice Cream, 32"L x 36"H, mobile modular, (2) hinged stainless steel lids, 6 gallon capacity, stainless steel top & legs & body panels, with 5" casters, 1/4 hp, UL, NSF. 120v/60/1ph, 5.0amps Contract Period: Base POP Begin: 09-21-2026 POP End: 10-20-2026 PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing PRODUCT/SERVICE CODE: 7320 - Kitchen Equipment and

LOCAL STOCK NUMBER: DXP2ICF

Work Center.Mini Starter WorkStation, 30"W x 24"D, 14 gauge/304 stainless steel top, full marine edge, under brace hat channels, 2 cantilever overshelves, open 16 gauge/304 stainless steel undershelf, fully welded tubing 16 gauge/304 stainless steel legs, 4" swivel polyurethane casters, 2 with brakes, No. 4 finish, CSA Contract Period: Base POP Begin: 09-21-2026 POP End: 10-20-2026 PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing PRODUCT/SERVICE CODE: 7320 - Kitchen Equipment and

LOCAL STOCK NUMBER: DXPICTABLEMSS

Air Curtain Refrigerator. ACR Air Curtain Refrigerator, one-section, horizontal and vertical airflow, bottom mount self-contained refrigeration, accommodates (15) 18" x 26" or (30) 14" x 18" trays, stainless steel tray slides, LED display, right-hinged stainless steel door, rear- mounted tubular push handle with donut bumper, non-marking corner bumpers, (4) 5" casters with brakes, stainless steel, 1/2 HP, 120v/60/1-ph, 16 amps, NEMA-5-20P, Made in USA Contract Period: Base POP Begin: 09-21-2026 POP End: 10-20-2026 PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing PRODUCT/SERVICE CODE: 7320 - Kitchen Equipment and

LOCAL STOCK NUMBER: DXPACR15RSD

Air Curtain Refrigerator. ACR Air Curtain Refrigerator, one-section, horizontal and vertical airflow, bottom mount self-contained refrigeration, accommodates (15) 18" x 26" or (30) 14" x 18" trays, stainless steel tray slides, LED display, left-hinged stainless steel door, rear- mounted tubular push handle with donut bumper, non-marking corner bumpers, (4) 5" casters with brakes, stainless steel, 1/2 HP, 120v/60/1-ph, 16 amps, NEMA-5-20P, Made in USA Contract Period: Base POP Begin: 09-21-2026 POP End: 10-20-2026 PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing PRODUCT/SERVICE CODE: 7320 - Kitchen Equipment and

LOCAL STOCK NUMBER: DXPACR15LSD

DINEX Custom Model No. DXIESR12DX2895 or equivalent.

Work table 30x60, 2 drop down shelves 2, 4 bin with 2" diameter PVC rollers, width of line 15 ", 14 GA s/s construction, stationary undershelf, adjustable bullet-shaped feet.

Contract Period: Base POP Begin: 09-21-2026 POP End: 10-20-2026 PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing PRODUCT/SERVICE CODE: 7320 - Kitchen Equipment and

LOCAL STOCK NUMBER: DXIESR12DX2895

Hot food serving counter/table. DineXpressT Hot Food Unit, 88"L x 36"H, (6) wells with 1000w element with thermostatically controlled each, mobile, modular design with interlocking mechanism, 14 gauge stainless steel top, 20 gauge stainless steel front & end panels, 18 gauge stainless steel bottom shelf, manifold drains standard, 5" swivel plate casters (2 with brakes), 6kW, NSF, UL. 208v/60/1-ph, 28.8 amps, 6000 watts, NEMA 6-50P. Manifold drains, standard.

Contract Period: Base POP Begin: 09-21-2026 POP End: 10-20-2026 PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing PRODUCT/SERVICE CODE: 7320 - Kitchen Equipment and

LOCAL STOCK NUMBER: DXP6HF

Automatic water fill

Contract Period: Base POP Begin: 09-21-2026 POP End: 10-20-2026 PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing

PRODUCT/SERVICE CODE: 7320 - Kitchen Equipment and

LOCAL STOCK NUMBER: DXPAUTOFILL

Duplex Outlet, 120V for DineXpress system

Contract Period: Base POP Begin: 09-21-2026 POP End: 10-20-2026 PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing PRODUCT/SERVICE CODE: 7320 - Kitchen Equipment and

LOCAL STOCK NUMBER: DXPDOUT

Trayslide for DineXpressT system, 12" solid flat, heavy gauge stainless steel, for (6) openings - 88"W Contract Period: Base POP Begin: 09-21-2026 POP End: 10-20-2026 PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing PRODUCT/SERVICE CODE: 7320 - Kitchen Equipment and

LOCAL STOCK NUMBER: DXPSFTS126

Overhead Shelf, double, heated top & bottom shelf, for

DineXpressT 6-well food counters Contract Period: Base POP Begin: 09-21-2026 POP End: 10-20-2026 PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing PRODUCT/SERVICE CODE: 7320 - Kitchen Equipment and

LOCAL STOCK NUMBER: DXPDOHS2H6

4.00 EA __________________ __________________

Induction Charger, for heated bases

Contract Period: Base POP Begin: 09-21-2026 POP End: 10-20-2026 PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing PRODUCT/SERVICE CODE: 7320 - Kitchen Equipment and

LOCAL STOCK NUMBER: DX2011208

4.00 EA __________________ __________________

Traulsen Roll In-Heated Cabinet.Spec-Line Heated Cabinet, Roll-in, two-section, stainless steel exterior and interior, standard depth cabinet, full-height doors, accepts 72" high rack (by others) with microprocessor controls, cULus, NSF.208- 230/115v/60/1-ph, 15.5 amps, 3000 watts, direct, standard.

Door hinging to be determine. 6-year parts & labor, standard.

Contract Period: Base POP Begin: 09-21-2026 POP End: 10-20-2026 PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing PRODUCT/SERVICE CODE: 7320 - Kitchen Equipment and

LOCAL STOCK NUMBER: RIH232H-FHS

1.00 EA __________________ __________________

Custom Freight

Contract Period: Base POP Begin: 09-21-2026 POP End: 10-20-2026 PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing PRODUCT/SERVICE CODE: 7320 - Kitchen Equipment and

LOCAL STOCK NUMBER: Service

1.00 EA __________________ __________________

Installation of new equipment and removal of old equipment per the terms and SOW of this contract.

Contract Period: Base POP Begin: 09-21-2026 POP End: 10-20-2026 PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing PRODUCT/SERVICE CODE: 7320 - Kitchen Equipment and

LOCAL STOCK NUMBER: Service

GRAND TOTAL

Price is a firm-fixed price (FFP) agreement and may not be changed. After the final invoice is paid, any surplus resulting from necessary requirements at the end of the performance term will be released back to the VA.

The Contractor shall provide all personnel, supervision, management, materials, equipment, storage, and services necessary to perform the work described in this Solicitation for a single

FFP contract. This FFP shall be all inclusive and shall include, at a minimum, all direct labor, staff hourly compensation, fringe benefits, overhead, general and administrative expenses, profit, and any other costs necessary to fully perform the required services. No separate or additional payment will be made for labor hours, overhead, or profit beyond the FFP, except as expressly authorized by a duly executed contract modification. No additional charges outside of the FFP will be accepted. Any attempts to bill the agency for costs outside of the agreed-upon price will be rejected.

Price Evaluation of Options: The Government will evaluate all option clauses using prices submitted, or, if no separate pricing is submitted, using rates then in effect for the final scheduled performance period. These evaluated option amounts will be added to the total evaluated price but do not obligate the Government to exercise the options.

1. FAR 52.217-6 (Option for Increased Quantity). Incorporated. For evaluation purposes, the Government may include the potential quantity increase stated in the solicitation.

Where the clause permits the Government to order additional quantities at the unit price of the CLIN, the Government may evaluate the maximum possible quantity increase by applying the offered unit price(s) to the maximum quantities identified. Evaluation of this option does not obligate the Government to order additional quantities.

2. FAR 52.217-7 (Option for Increased Quantity—Separately Priced Line Item).

Incorporated. When optional quantities are established as separately priced line items, the Government will evaluate the price of each such CLIN by adding the offered option

CLIN price(s) to the total evaluated price. The Government’s evaluation of these separately priced optional quantities does not obligate the Government to exercise the option items.

B.3 DELIVERY SCHEDULE

Contract shall be issued IAW terms as follows:

• 30days After Receipt of Order (ARO) Supplies. 09/21/2026-10/20/2026.

• One‑year warranty coverage for all equipment shall begin upon final completion of installation and Government acceptance. If installation and acceptance are completed on or before 10/20/2026, the warranty period shall run from 10/21/2026 through

10/20/2027. If acceptance occurs earlier or later than 10/20/2026, the one‑year warranty period shall adjust accordingly to begin the day following the Government’s final acceptance.

(End of Delivery Schedule)

[End of Section B]

SECTION C - CONTRACT CLAUSES

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.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

FAR

Number

Title Date

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE

GOVERNMENT ALTERNATE I (NOV 2021)

JUN 2020

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS NOV 2023

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS

JAN 2017

52.204-13 SYSTEM FOR AWARD MANAGEMENT—MAINTENANCE

(DEVIATION)

NOV 2025

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED,

SUSPENDED, PROPOSED FOR DEBARMENT, OR

VOLUNTARILY EXCLUDED

JAN 2025

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION

REGARDING RESPONSIBILITY MATTERS

OCT 2018

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED

DOMESTIC CORPORATIONS

NOV 2015

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (DEVIATION)

OCT 2025

52.217-6 OPTION FOR INCREASED QUANTITY MAR 1989

52.217-7 OPTION FOR INCREASED QUANTITY—SEPARATELY

PRICED LINE ITEM

MAR 1989

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS

(DEVIATION)

NOV 2025

52.219-33 NONMANUFACTURER RULE (DEVIATION) NOV 2025

52.222-19 CHILD LABOR—COOPERATION WITH AUTHORITIES

AND REMEDIES (DEVIATION)

MAR 2026

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (DEVIATION) NOV 2025

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH

DISABILITIES (DEVIATION)

NOV 2025

52.222-37 EMPLOYMENT REPORTS ON VETERANS (DEVIATION) NOV 2025

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

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE

NATIONAL LABOR RELATIONS ACT (DEVIATION)

NOV 2025

52.222-50 COMBATING TRAFFICKING IN PERSONS (DEVIATION) NOV 2025

52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT

MESSAGING WHILE DRIVING

MAY 2024

52.228-5 INSURANCE—WORK ON A GOVERNMENT

INSTALLATION

JAN 1997

52.229-12 TAX ON CERTAIN FOREIGN PROCUREMENTS FEB 2021

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—

SYSTEM FOR AWARD MANAGEMENT

OCT 2018

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

MAR 2023

52.233-3 PROTEST AFTER AWARD AUG 1996

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM OCT 2004

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS,

EQUIPMENT, AND VEGETATION

APR 1984

52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEVIATION)

APR 2026

852.203-70 COMMERCIAL ADVERTISING MAY 2018

852.211-70 EQUIPMENT OPERATION AND MAINTENANCE

MANUALS

NOV 2018

852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS FEB 2023

852.222-71 COMPLIANCE WITH EXECUTIVE ORDER 13899

(DEVIATION) (APR 2025)

APR 2025

852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS NOV 2018

852.242-71 ADMINISTRATIVE CONTRACTING OFFICER OCT 2020

852.246-71 REJECTED GOODS OCT 2018

(End of Clause)

C.2 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

C.3 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL

CONTRACTORS (DEVIATION APR 2026)

(a)Definitions. As used in this clause—

Program participation means membership or participation in, or access or admission to:

training, mentoring, or leadership development programs; educational opportunities; clubs;

associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.

Racially discriminatory diversity, equity, and inclusion (DEI) activities means disparate treatment based on race or ethnicity in the recruitment, employment (e.g., hiring, promotions), contracting (e.g., vendor agreements), program participation, or allocation or deployment of an entity's resources.

(b) In connection with the performance of work under this contract, the Contractor agrees as follows:

(1) The Contractor will not engage in any racially discriminatory DEI activities;

(2) The Contractor will furnish all information and reports, including providing access to books, records, and accounts, as required by the Contracting Officer, for purposes of ascertaining compliance with this clause;

(3) In the event of the Contractor's or a subcontractor's noncompliance with this clause, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor or subcontractor may be declared ineligible for further Government contracts;

(4) The Contractor will report any subcontractor's known or reasonably knowable conduct that may violate this clause to the Contracting Officer and take any appropriate remedial actions directed by the Contracting Officer; and

(5) The Contractor will inform the Contracting Officer if a subcontractor sues the Contractor and the suit puts at issue, in any way, the validity of this clause.

(6) The Contractor recognizes that compliance with the requirements of this clause are material to the Government's payment decisions for purposes of 31 U.S.C. 3729(b)(4).

(c) The Contractor must include the substance of this clause, including this paragraph (c), in subcontracts at any tier, including those for commercial products and commercial services, except those where the place of delivery or performance is outside the United States.

C.4 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 https://www.sam.gov or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means—

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

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

Federal Regulations, and controlled—

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

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

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

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal

Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part

121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export

Control Reform Act of 2018 (50 U.S.C. 4817).

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

FASCSA order means any of the following orders issued under the Federal Acquisition Supply

Chain Security Act (FASCSA) requiring removing covered articles from executive agency information systems or excluding one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201-1.303(d) and (e):

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

FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.

(2) The Secretary of Defense may issue FASCSA orders that apply to the Department of

Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.

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

DNI FASCSA order.

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

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

(i) Of that equipment; or

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

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

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

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

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

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

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

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the

Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;

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

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

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

(12) Such other elements of any department or agency as may be designated by the

President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.

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

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

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

(2) Includes any hardware, software, or service developed or provided in whole or in part by a

Kaspersky Lab-covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a

Kaspersky Lab-covered entity.

Kaspersky Lab-covered entity means—

(1) Kaspersky Lab;

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

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

or

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

National security system, as defined in 44 U.S.C. 3552, means any information system

(including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency—

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

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

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

Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.

Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information.

Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.

Subsidiary means an entity in which more than 50 percent of the entity is owned directly by a parent corporation or through another subsidiary of a parent corporation.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

Unmanned aircraft means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft (49 U.S.C. 44801(11)).

Unmanned aircraft system means an unmanned aircraft and associated elements (including communication links and the components that control the unmanned aircraft) that are required for the operator to operate safely and efficiently in the national airspace system (49 U.S.C.

44801(12)).

(b) Prohibitions on providing or using specific products or services in performance of contract.

Unless a waiver or exception applies, the Contractor is prohibited from providing any products or services to the Government or using in the performance of the contract any of the following:

(1) A covered application on any information technology owned or managed by the

Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees (section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328));

(2) A Kaspersky Lab-covered article (Section 1634 of Division A of the National Defense

Authorization Act for Fiscal Year 2018 (Pub. L. 115-91));

(3) Covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system (paragraphs (a)(1)(A) of section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019

(Pub. L. 115-232)). This does not prohibit contractors from providing—

(i) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Prohibition on unmanned aircraft systems manufactured or assembled by American

Security Drone Act—covered foreign entities.

(1) Prohibition. The Contractor is prohibited from—

(i) Delivering any FASC-prohibited unmanned aircraft system, which includes unmanned aircraft (i.e., drones) and associated elements (sections 1823 and 1826 of American Security

Drone Act of 2023, within the National Defense Authorization Act for Fiscal Year 2024, Pub. L.

118-31, Div. A, Title XVIII, Subtitle B, 41 U.S.C. 3901 note prec.);

(ii) On or after December 22, 2025, operating a FASC-prohibited unmanned aircraft system in the performance of the contract (section 1824 of Pub. L. 118-31); and

(iii) On or after December 22, 2025, using Federal funds to procure or operate a FASC-prohibited unmanned aircraft system (section 1825 of Pub. L. 118-31).

(2) Procedures. The Contractor shall search SAM for the FASC-maintained list of American

Security Drone Act—covered foreign entities before proposing, or using in performance of the contract, any unmanned aircraft system. Also, the Contractor shall ensure any effort or expenditure associated with a FASC-prohibited unmanned aircraft system is consistent with a corresponding exemption, exception, or waiver determination expressly stated in the contract.

(3) Exemptions, exceptions, and waivers. The prohibitions in paragraph (c) of this clause do not apply where the agency has determined an exemption, exception, or waiver applies, and the contract indicates that such a determination has been made. See sections 1823 through 1825 and 1832 of Public Law 118-31 for statutory requirements pertaining to exemptions, exceptions, and waivers.

(d) Prohibition on using or providing specific products or services or conducting certain transactions regardless of connection to contract.

(1) Certain telecommunications and video surveillance equipment, systems, or services.

(i) Unless an applicable waiver has been issued by the Government, the Contractor cannot use any equipment, systems, or services that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system (paragraph (a)(1)(B) of section 889 of the John S. McCain National Defense

Authorization Act for Fiscal Year 2019 (Pub. L. 115-232)).

(ii) This prohibition applies to using covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. This does not prohibit the contractor from using—

(A) A service that connects to the facilities of a third party, such as backhaul, roaming, or interconnection arrangements; or

(B) Telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Office of Foreign Assets Control Restrictions.

(i) Except as authorized by the Office of Foreign Assets Control (OFAC) in the Department of the Treasury, the Contractor shall not acquire, for use in the performance of this contract, any supplies or services if any proclamation, Executive order, or statute administered by OFAC, or if

OFAC’s implementing regulations at 31 CFR chapter V, would prohibit such a transaction by a person subject to the jurisdiction of the United States.

(ii) Except as authorized by OFAC, most transactions involving Cuba, Iran, and Sudan are prohibited, as are most imports from Burma or North Korea, into the United States or its outlying areas.

(A) For lists of entities and individuals subject to economic sanctions, see OFAC’s List of

Specially Designated Nationals and Blocked Persons at https://home.treasury.gov/policy-issues/financial-sanctions/specially-designated-nationals-and-blocked-persons-list-sdn-human-readable-lists.

(B) For more information about these restrictions, as well as updates, see OFAC’s regulations at 31 CFR chapter V and at https://home.treasury.gov/policy-issues/office-of-foreign-assets-control-sanctions-programs-and-information.

(C) To conduct electronic screens of potential parties to regulated transactions, see the consolidated screening list at https://www.trade.gov/consolidated-screening-list, which consolidates multiple export screening lists of the Departments of Commerce, State, and the

Treasury.

(3) Sudan prohibition. The Contractor is prohibited from conducting any restricted business operations in Sudan in accordance with Accountability and Divestment Act of 2007 (Pub. L. 110-

174).

(4) Iran prohibitions.

(i) Unless an exception applies according to paragraph (d)(4)(iii) or the Government grants a waiver, the contractor shall not engage in certain activities or transactions relating to Iran

(section 6(b)(1)(A) of Iran Sanctions Act (50 U.S.C. 1701 note).

(ii) Unless an exception applies according to paragraph (d)(4)(iii) or the Government grants a waiver, contractor shall not export certain sensitive technology to Iran, as determined by the

President, and has an active exclusion in SAM (22 U.S.C. 8515).

(iii) The prohibition in paragraphs (d)(4)(i) and (d)(4)(ii) do not apply if the acquisition is subject to trade agreements and the offeror certifies that all the offered products are designated country end products or designated country construction material (see part 25).

(iv) Unless an exception applies or the Government grants a waiver, contractors are prohibited from knowingly engaging in any significant transaction (i.e., over $15,000) with Iran’s

Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked according to the International Emergency Economic Powers

Act (section 6(b)(1)(B) of Iran Sanctions Act (50 U.S.C. 1701 note)).

(e) Governmentwide exclusion and removal orders.

(1) Unless the Government has issued an applicable waiver, contractors shall not provide or use as part of the performance of the contract any covered article, or any products or services https://home.treasury.gov/policy-issues/financial-sanctions/specially-designated-nationals-and-blocked-persons-list-sdn-human-readable-lists https://home.treasury.gov/policy-issues/financial-sanctions/specially-designated-nationals-and-blocked-persons-list-sdn-human-readable-lists https://home.treasury.gov/policy-issues/financial-sanctions/specially-designated-nationals-and-blocked-persons-list-sdn-human-readable-lists https://home.treasury.gov/policy-issues/office-of-foreign-assets-control-sanctions-programs-and-information https://home.treasury.gov/policy-issues/office-of-foreign-assets-control-sanctions-programs-and-information https://www.trade.gov/consolidated-screening-list produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order as follows:

(i) For solicitations and contracts awarded by a Department of Defense contracting office, DoD FASCSA orders apply.

(ii) For all other solicitations and contracts, DHS FASCSA orders apply.

(2) The Contractor shall search for the phrase “FASCSA order” in the System for Award

Management (SAM) at https://www.sam.gov to locate applicable FASCSA orders.

(3) The Government may identify in the solicitation other FASCSA orders that are not in SAM, which are effective and apply to the solicitation and resulting contract.

(4) A FASCSA order issued after the date of solicitation applies to this contract only if added by an amendment to the solicitation or modification to the contract (see FAR 40.204-1(c)).

(f)Reasonable inquiry. The contractor shall conduct a reasonable inquiry to determine if there are any prohibited products or services. The inquiry will look at any information in the entity’s possession but does not need to include an internal or third-party audit.

(g) Removal of prohibited products and services. For Federal Supply Schedules, Governmentwide acquisition contracts, multi-agency contracts or any other procurement instrument intended for use by multiple agencies, upon notification from the Contracting Officer, during the performance of the contract, the Contractor shall promptly make any necessary changes or modifications to remove any product or service produced or provided by a source that this clause prohibits.

(h) General report.

(1) If the Contractor identifies or is notified by any source, (including a subcontractor at any tier), that any product or service provided or used (or to be provided or used) during contract performance does not comply with any prohibition in this clause, then the Contractor shall report the following information, or as much information is known, in writing to the contracting office as identified in paragraph (h)(2) within 72 hours:

(i) Contract number and order number, if applicable;

(ii) The specific prohibition the product or service is not complying with;

(iii) A description of the products or services that the Contractor identifies or has reason to suspect is prohibited (include brand; model number, such as the original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(iv) The entity that produced the product or service (include entity name, unique entity identifier, Contractor and Government Entity (CAGE) code, facilities responsible for design, fabrication, assembly, packaging, and test of the product, and whether the entity was the OEM or a distributor (provide manufacturer codes and distributor codes used for the product));

https://www.sam.gov/

(v) Description of the functionality of the product or service and how that functionality impacts the risk to the product or service;

(vi) An explanation of any factors relevant to determining if the product or service should be permitted by an applicable exception, exemption, or waiver (if the contractor would like the

Government to consider a waiver, and asks for such a waiver);

(vii) Whether alternative products or services are available that would comply with the prohibition;

(viii) If the product or service is related to item maintenance, include the following information on the item being maintained:

(A) Brand;

(B) Model number, OEM number, manufacturer part number, or wholesaler number; and

(C) Item description, as applicable.

(ix) Any readily available information about mitigation actions implemented or recommended.

(2) If a report must be submitted to a contracting office, the Contractor shall submit the report as follows:

(i) If a Department of Defense contracting office, the Contractor shall report to the website at https://dibnet.dod.mil.

(ii) For all other contracting offices, the Contractor shall report to the Contracting Officer.

(iii) For indefinite delivery contracts, the Contractor shall report to both the contracting office for the indefinite delivery contract and the contracting office for any affected order.

(3) If the report provided does not contain any of the information required by paragraph (h)(1) of this clause, and the contractor later discovers new information that is required by paragraph

(h)(1) of this clause, then the contractor shall submit a subsequent report within 72 hours of discovering the new information.

(4) The contractor shall also report the information in paragraph (h)(1) if the contractor wishes to ask for a waiver of the requirements of a new FASCSA order being applied through modification.

(i) New FASCSA orders report.

(1) During contract performance, the Contractor shall review SAM at least once every three months, or as advised by the Contracting Officer, to check for covered articles subject to

FASCSA order(s), or for products or services produced by a source subject to FASCSA order(s) not currently identified under paragraph (e) of this clause.

(2) If the Contractor identifies a new FASCSA order(s) that could impact their supply chain, then the Contractor shall conduct a reasonable inquiry to identify whether a covered article or product or service produced or provided by a source subject to the FASCSA order(s) was https://dibnet.dod.mil/ provided to the Government or used during contract performance. The inquiry will look at any information in the entity’s possession but does not need to include an internal or third-party audit.

(3) The Contractor shall submit a report to the contracting office identified in paragraph (h)(2) of this clause if the Contractor identifies, including through any notification by a subcontractor at any tier, that a covered article or product or service produced or provided by a source was provided to the Government or used during contract performance and is subject to a FASCSA order(s).