36C25726R0069 Emergency Call Boxesv.pdf
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- Attached to
- N042--STX Emergency Call Boxes Federal contract opportunity
- Solicitation number
- 36C25726R0069
About this file
This is a Solicitation/Contract/Order for Commercial Products and Commercial Services (Standard Form 1449) issued by the Department of Veterans Affairs for the installation of parking lot emergency call boxes at two VA medical facilities in Texas.
The solicitation requires the installation of fifteen free-standing emergency call boxes: ten at Audie L. Murphy VA Medical Center (7400 Merton Minter, San Antonio, TX 78229) and five at Kerrville VA Medical Center (3600 Memorial Blvd, Kerrville, TX 78028-5768). The call boxes must be Verkada TD53 Video Intercom brand or equal and include Power over Ethernet (PoE) capability for communication directly with police dispatch. The work encompasses site investigation, installation, electrical and IT connections, trenching/boring as needed, complete equipment setup, staff training, and annual service plans including site visits, licensing renewal, and quarterly software/firmware validation checks. The period of performance is 60 days for the base contract (Fiscal Year 2026–2027) with four optional one-year extension periods through 2031. Normal business hours are 7:30 a.m. to 4:30 p.m. or 3:00 p.m.–11:00 p.m., Monday through Friday, excluding federal holidays. The offer due date is March 9, 2026, at 10:00 a.m. CST, with the contract award/effective date of February 17, 2026. This is a 100% Service-Disabled Veteran-Owned Small Business (SDVOSB) set-aside; all offerors must be certified and registered in the SBA VetCert portal. The estimated contract value is $47 million. Evaluation will be based on technical capability, past performance, and price, with technical capability and past performance weighted significantly higher than price. Offerors must complete and submit the SF 1449, a detailed technical capability statement, past performance references, authorized distributor memorandums, and a comprehensive installation plan. All proposals must be submitted in PDF format (except the pricing schedule, which must be in Excel format) and directed to matthew.clements2@va.gov and chris.ward@va.gov. Questions are due by February 24, 2026, at 10:00 a.m. CST, with responses provided by amendment by March 2, 2026.
View the file
Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| 36C25726R0069 0002 AMEND.pdf | ||
| 36C25726R0069 0001_1.docx | DOCX document | |
| D.1 Audie Site PlanCall Stations Model.pdf | ||
| D.1 KD-CallBox-Locations.pdf | ||
| 36C25726R0069_1.docx | DOCX document |
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Text version
PAGE 1 OF 1. REQUISITION NO.
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL
TIME
9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
8(A)
NAICS:
SIZE STANDARD:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
RFQ IFB RFP
15. DELIVER TO CODE 16. ADMINISTERED BY CODE
17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE
TELEPHONE NO. UEI: EFT:
PHONE: FAX:
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED
SEE ADDENDUM
19. 20. 21. 22. 23. 24.
ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)
PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212
7. FOR SOLICITATION
INFORMATION CALL:
STANDARD FORM 1449
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
36C25726R0069 02-17-2026
Matthew G. Clements 682-390-2346 03-09-2026
10:00 CST
36C257
Department of Veterans Affairs
NCO 17 North Texas Healthcare System
Regional Procurement Office West (RPO-W)
124 E. Hwy 67, Suite 100
Duncanville TX 75137
X 100
X
812930
$47 Million
N/A
X
36C257
Department of Veterans Affairs
South Texas Healthcare System
ATTN: Police Services
7400 Merton Minter St.
San Antonio TX 78229
36C257
NCO 17
Department of Veterans Affairs
North Texas Veterans Health Care Center
124 E. Hwy 67, Suite 100
Duncanville TX 75137
This is accomplished through the
Tungsten Network located at:
http://www.fsc.va.gov/einvoice.asp
This is mandatory and the sole method for submitting invoices.
(877) 353-9791 (512) 460-5540
See CONTINUATION Page
This is a brand name or equal requirement for the purchase, delivery, and installation of Emergency Call Boxes identified in the Statement of Work and Cost/Price
Schedule at B3.
This is a SDVOSB/VOSB set aside.
All Offerors must be registered in SBA Veteran Certify portal at https://veterans.certify.sba.gov.
Questions may be asked and are due no later than 02/24/2026 by 10:00 A.M CST
Responses will be provided via an amendment by 03/02/2026 at 10:00 CST.
See CONTINUATION Page
X X X
X 1
Matthew G. Clements
Contracting Officer
36C25726R0069
Table of Contents
SECTION A
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS
AND COMMERCIAL SERVICES
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
B.2 STATEMENT OF WORK
B.3 PRICE/COST SCHEDULE
ITEM INFORMATION
SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS
AND COMMERCIAL SERVICES (NOV 2023)
C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 19
C.4 SUPPLEMENTAL INSURANCE REQUIREMENTS
C.5 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)
(DEVIATION)
C.6 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED
SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)
(DEVIATION)
C.7 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—
CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)
(DEVIATION)
C.8 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV
2018)
C.9 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 35
C.10 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)
C.11 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
C.12 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT
STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (OCT 2025) (DEVIATION FEB 2025)
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS
- Audie Murphie Site Plans
- Kerrville Site Plans
SECTION E - SOLICITATION PROVISIONS
E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (SEP 2023)
ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES
E.2 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)
E.3 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)
E.4 52.233-2 SERVICE OF PROTEST (SEP 2006)
E.5 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS
AND CERTIFICATIONS (NOV 2025) (DEVIATION)
E.6 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)
E.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB
1998)
E.8 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES (NOV 2021)
E.9 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—
COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION
FEB 2025)
E.10 52.225-2 Buy American Certificate (Oct 2023)
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
1. Contract Administration: All contract administration matters will be handled by the following individuals:
a. CONTRACTOR:
b. GOVERNMENT: Contracting Officer Matthew G. Clements
Department of Veterans Affairs
NCO 17 North Texas Healthcare System
Regional Procurement Office West (RPO-W)
124 E. Hwy 67, Suite 100
Duncanville TX 75137
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 Completion/ Monthly
4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment
Requests.
ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
AMENDMENT NO DATE
B.2 STATEMENT OF WORK
Install Parking Lot Emergency Call Boxes
Description:
Provide all labor, materials, supplies, tools and equipment, supervision and construction services necessary for the investigation, installation of fifteen (15) free-standing Emergency
Call Boxes within the parking lots of Audie L. Murphy (10 Call Boxes) and Kerrville
Memorial (5 Call Boxes) Veterans hospitals. All necessary weather testing shall be required to ensure water tightness. Work includes tracing and investigating where existing power is located, installing and anchoring of the new call boxes and demo and replacement of any existing call boxes that aren’t to remain.
If digging or boring is required, a utility locate is mandatory prior to starting work to determine if there are any utilities in the areas where this work will take place. Contractor needs to verify all things quantified in the SOW or drawings. If there is a discrepancy in the amounts provided and or any condition affecting work shall be brought to the attention of the VA Representative before proceeding with the work.
PLACES OF PERFORMANCE:
Audie L. Murphy, VA Medical Center: 7400Merton Minter, San Antonio, TX
78229
Kerrville, VA Medical Center: 3600 Memorial Blvd, Kerrville, TX 78028-5768
PERIOD OF PERFORMANCE: 60 days to include submittals and construction
1. Fiscal Year 2026 – Fiscal Year 2027. There will be four (4) option years that could extend the term of the contract until 2031.
2. Exercising Option Years are at the discretion of the Government.
3. The awardee shall have 30 days after the award to prepare and begin service.
4. Normal business hours are 07:30 a.m. to 16:30 or 15:00-23:00. Monday through Friday excluding Federal Holidays. Work completed outside this time must be requested through the Contracting Officer’s Representative (COR) and approved by the
Contracting Officer (CO).
HOURS OF OPERATION:
Work Schedule
Weekday Coverage
a) Day Shift 6:30 a.m. – 4:00 p.m.
b) Evening Shift 9:30 a.m. – 6:00 p.m.
c) Call Shift 11:30 a.m.-8:00 p.m., pager call from home 8 p.m.- 7 a.m.
Weekend Coverage
7:00 a.m. Sat. – 7:00 a.m. Mon.
Federal Holiday days: The Government observes the following ten National Holiday days:
• New Year’s Day
• Martin Luther King’s Birthday
• Washington’s Birthday
• Memorial Day
• Independence Day
• Labor Day
• Columbus Day
• Veteran’s Day
• Thanksgiving Day
• Christmas Day
**Any other day specifically declared by the President of the United States to be a Federal
Employee holiday, or when Congress declares a National holiday. When a holiday falls on a
Sunday, the following Monday will be observed as a National Holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a National Holiday by United States
Government agencies. An administrative closure of federal offices by Executive Order is not a national holiday for holiday pay.
Call Box Communications, (Description): (Verkada TD53 Video Intercom Brand Name or
Equal)
1. All Call boxes will work over hardline Power over Ethernet (PoE) for primary power supply that when activated will communicate directly with police dispatch at the South
Texas Veterans Health Care Systems, Audie L. Murphy Medical Center and the police office at Kerrville clinic.
2. The contractor will provide service support for Firmware and Software updates on a quarterly basis at a minimum for the duration of the purchased option year.
3. Administrative control will be granted to at least five personnel identified by the customer with support from the COR.
4. Intercoms will not require annual license renewals and will continue to function while offline.
5. The communication systems must be capable of transmitting video and audio.
Installation of Equipment: Emergency Call boxes must be free standing and secured into concrete with rust resistant hardware such as concrete anchors. The locations that do not have existing concrete pads, appropriate pads must be poured and then the call boxes must be secured like the previous boxes. All boxes must be installed securely to prevent theft and deliberate damage. All equipment must be secured in a manner that prevents further damage if struck by a moving vehicle or other motorized vehicles utilized by patients/visitors. Locations have been identified in provided plans, and any deviations must be approved by appropriate authorities prior to adjustment of deployment locations of each box.
General Construction (Description):
1. Contractor shall provide the necessary equipment and hardware to research, investigate, and install fifteen free-standing Emergency Call Boxes within the parking lots of Audie L. Murphy and Kerrville Memorial Veterans hospitals.
2. Contractor shall provide the necessary equipment and hardware to complete electrical and IT tie-ins and any trenching/boring equipment that may be required to land these connections.
3. Contractor will provide complete installation of all equipment, set up all supporting technologies, and provide training for all assigned staff that will operate the equipment or software.
4. Each box must have lighting that can be seen over 300 yards or greater during hours of low light. A blue light will be placed at the top of the box that can be seen 360 degrees around the deployed location.
5. The communications button must be clearly identified by all users, to include personnel that are visually impaired.
GENERAL REQUIREMENTS:
1. All construction debris shall become property of the contractor and shall be disposed of the VA property as per local and federal regulations.
2. Demolition debris shall be recycled to the best ability of the contractor. Reports on weight and deposal of all waste are to accompany the monthly progress payments.
3. The contractor shall provide, construct, and maintain barriers, signs and dust mitigation, whenever applicable, in accordance with the VA Infection Control (IC) standards. Site shall be secured at all times preventing unauthorized entry.
4. Construction signs and copy of IC posted on it. All IC and dust control measures shall be implemented at all times when creating dust.
5. All construction and installation work shall comply with VA specifications for material and workmanship, NEC, NFPA and all applicable city, county, state, and federal regulations and codes and OSHA standards. See VA website: “http://www.cfm.va.gov/contract/” for VA Criteria and “http://www.cfm.va.gov/til/spec.asp” for VA Guide Specifications.
6. Demolition and renovation shall take place with minimal disruption to adjacent work. All applicable site demolition performed as part of this project, shall be restored to original condition.
7. All incidental work associated with the installation and construction works in the main parking lot shall be included in the base bid.
8. Contractors shall inspect the site prior to any demolition to account for existing utilities. If needed, all utility relocation work shall be coordinated with the VA Representative 72 hours prior to event. Care must be taken to protect all existing utilities. Any damage to existing utilities shall be immediately notified to VA Representative and repaired to its original condition.
9. All work shall be in accordance with VA specifications. All costs shall be included in the base bid. All work shall be coordinated with the VA prior to any demolition work being performed.
10. Contractor will coordinate all work with existing work/conditions.
11. Contractors will provide all trades necessary for the renovation of these areas. This includes, but is not limited to electrical, IT, and construction work.
12. Electrical conduits to be rigid, EMT, as needed and all electrical connections shall be certified.
13. Refer to Infection control permit attached and Interim Life Safety Measure implementation. These measures must be implemented throughout the construction.
14. Conduct work as to interfere as least as possible with facility operations. All coordination for utilities shutdown shall be coordinated 72 hours prior to event with VA representative.
15. All demo and repair work shall be protected at all times and temporarily covered.
16. All workers are required to obtain a time-limited I.D. badge from the VA PIV office located in building four outside of the main hospital. This badge must be always worn when workers are on site.
17. The contractor will ensure full functionality of each call box in coordination with Police
Dispatch and the COR. Each emergency call box will include but not limited to the following.
Annual Service Plan:
Service plan will include:
- Site Visits
- Licensing renewal
- Quarterly software/firmware validation checks
- PM on all system devices/housings, troubleshooting needs within 48 hours of notification
(to include weekends), and any additional training needs the operators have requested.
FIRE ALARM TRIP CHARGES: A fee will be assessed against any outstanding invoice or collected from the Contractor when Contractor or subcontract personnel trip a fire alarm due to negligence, fault, or failure to properly coordinate and request a system shutdown. This fee is necessary to defray the cost of VA personnel responding to the false alarm, disruption of Medical Center operations, false alarm response, and any fines imposed by the Fire
Department and any other costs incurred by the Healthcare System. The amount of the penalty will be that of the local and/or administrative costs.
Changes in Work Requirements: Only those services specified herein are authorized.
Changes to the resulting contract are not authorized, unless in writing by the CO. The
Contractor shall keep the CO informed in writing, of any unusual circumstances in conjunction with the contract.
GOVERNMENT RESPONSIBILITIES
Contract Administration/Performance Monitoring: After award of the contract, all inquiries and correspondence relative to the administration of the contract shall be addressed to the assigned Contracting Officer (or assigned contract specialist) for this
Contract.
The CO is the only person authorized to approve changes or modify any of the requirements of this contract. The Contractor shall communicate with the CO on all matters pertaining to contract administration. Only the CO is authorized to make commitments or issue any modification to include (but not limited to) terms affecting price, quantity or quality of performance of this contract.
The CO shall resolve complaints concerning Contractor relations with the Government employees or patients. The Contracting Officer is final authority on validating complaints. In the event the Contractor effects any such change at the direction of any person other than the CO without authority, no adjustment shall be made in the contract price to cover an increase in costs incurred thus thereof.
If the contracted services do not meet quality and/or safety expectations, the best remedy will be implemented, to include but not limited to a targeted and time limited performance improvement plan; increased monitoring of the contracted services;
consultation or training for Contractor personnel to be provided by the VA; replacement of the contract personnel and/or renegotiation of the contract terms or termination of the contract.
Contracting Officer’s Representative’s Responsibilities:
The COR shall be the VA official responsible for verifying contract compliance. After contract award, any incidents of Contractor noncompliance as evidenced by the monitoring procedures shall be forwarded immediately to the CO.
The COR will review and certify monthly invoices for payment. If in the event the
Contractor fails to provide the services in this contract, payments will be adjusted to compensate the Government for the difference.
In the event of a discrepancy or erroneous invoice, the COR will immediately contact the
Contractor to remind them of the terms of the contract. If the Contractor has used the wrong PO number, the charges must be resubmitted on a new invoice. If the Contractor has left off the information required by the FAR, the invoice will not be certified for payment until the omission or error is corrected by the contractor. Only one invoice per month in arrears will be accepted by the COR.
All contract administration functions will be retained by the VA.
Special Contract Requirements:
VENDOR ELECTRONIC INVOICE SUBMISSION METHODS
All invoices submitted through to VA-FSC must be itemized with the following items in accordance with FAR 52.2 12-4(g) to meet the requirements for payment:
SYSTEM FOR AWARD MANAGEMENT (SAM): Pursuant to FAR Clause 52.212-4, para (t), System for Award Management (SAM), after initial registration, the Contractor is required to update registration data as changes occur and must re-register annually to ensure all data remains current. Noncompliance with this requirement will preclude contract payments. Refer to cited Clause for more details.
B.3 PRICE/COST SCHEDULE
ITEM INFORMATION
ITEM
NUM
BER
DESCRIPTION OF
SUPPLIES/SERVICES
QUANTI
TY
UN
IT UNIT PRICE AMOUNT
0001 Verkada TD53 Video Intercom
(BRAND NAME OR EQUAL)
15.00 EA __________________ __________________
0002 Audie L. Murphy, VA Medical Center Installation
10.00 EA __________________ __________________
0003 Kerrville, VA Medical Center 05.00 EA Installation
0004 Federal, State, and local permits and licensing
02.00 EA
1001 Annual Service Plan:
- Site Visits
- Licensing renewal
- Quarterly software/firmware validation checks
PM on all system devices/housings
01.00 YR
Annual Service Plan:
Service plan will include:
- Site Visits
- Licensing renewal
- Quarterly software/firmware validation checks
PM on all system devices/housings
3001 Annual Service Plan:
- Site Visits
- Licensing renewal
- Quarterly software/firmware validation checks
PM on all system
4001 Annual Service Plan:
- Site Visits
- Licensing renewal
- Quarterly software/firmware validation checks
PM on all system
GRAND TOTAL __________________
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 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of contract expiration.
(End of Clause)
C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR
2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.
(End of Clause)
C.4 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.
(End of Clause)
C.5 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…
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