36C26126Q0377_Patient Lift Devices and Scales Maintenance and Repair_SAM.docx

36C26126Q0377

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

640-26-4-500-0182

03-18-2026 Karen Cooper karen.cooper332@va.gov 04-10-2026

11:00AM

PDT

00261 Department of Veterans Affairs Network Contracting Office (NCO) 21

X

811210 $34 Million

N/A

"See Delivery Schedule"

00261

Network Contracting Office 21

FMS-VA-2(101) Financial Services Center

PO Box 149971 Austin TX 78714-9971

Patient Lift and Scales Preventive Maintenance and Repair IAW the Statement of Work

ALL QUESTIONS MUST BE SUBMITTED WITHIN 5 DAYS OF RFQ CLOSE

This is a 100% SDVOSB set-aside. Offerors must be verified at the time of quote submission and shall continue to be registered until time of award, during performance, and through final payment of any contract resulting from this solicitation. Failure to submit SDVOSB certification

AND completion of VAAR Clause 852.219-75 will result in being excluded from evaluations and ineligible for award.

WD 2015-5641 REVISION 29, DATED 12/03/2025 APPLIES TO THIS

SOLICITATION.

Jill Williams

Table of Contents

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES……..…………………………………….…………18

C.6 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)………....………30

C.7 SUPPLEMENTAL INSURANCE REQUIREMENTS 30

C.8 VAAR 852.204-72 PERSONNEL VETTING AND CREDENTIALING (MAR 2026) 31

C.12 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020). 40

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES…………………………...…………………………………………46 E.2 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) (DEVIATION OCT 2025)………………………………………

E.9 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)…………….59

E.10 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018) 59

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 36C261

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

3. INVOICES: Invoices shall be submitted in arrears:

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.

The VA’s FSC uses a third-party contractor, Tungsten, for electronic invoice submission. For more information on the VA FSC, visit http://www.fsc.va.gov/einvoice.asp.

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

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ANNUAL MAINTENANCE AND REPAIR ON PATIENT LIFT EQUIPMENT, SCALES, AND ASSOCIATED MEDICAL EQUIPMENT AT VAPAHCS Contract Period: Base POP Begin: 08-01-2026 POP End: 07-31-2027 PRINCIPAL NAICS CODE: 811210 - Electronic and Precision Equipment Repair and Maintenance PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

ANNUAL MAINTENANCE AND REPAIR ON PATIENT LIFT EQUIPMENT, SCALES, AND ASSOCIATED MEDICAL EQUIPMENT AT VAPAHCS Contract Period: Option 1 POP Begin: 08-01-2027 POP End: 07-31-2028

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

ANNUAL MAINTENANCE AND REPAIR ON PATIENT LIFT EQUIPMENT, SCALES, AND ASSOCIATED MEDICAL EQUIPMENT AT VAPAHCS Contract Period: Option 2 POP Begin: 08-01-2028 POP End: 07-31-2029

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

ANNUAL MAINTENANCE AND REPAIR ON PATIENT LIFT EQUIPMENT, SCALES, AND ASSOCIATED MEDICAL EQUIPMENT AT VAPAHCS Contract Period: Option 3 POP Begin: 08-01-2029 POP End: 07-31-2030

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

ANNUAL MAINTENANCE AND REPAIR ON PATIENT LIFT EQUIPMENT, SCALES, AND ASSOCIATED MEDICAL EQUIPMENT AT VAPAHCS Contract Period: Option 4 POP Begin: 08-01-2030 POP End: 07-31-2031

PRODUCT/SERVICE CODE: J065 - Maintenance, Repair, and Rebuilding of Equipment - Medical, Dental, and Veterinary Equipment and Supplies

Statement of Work Preventive Maintenance and Repair of Patient Lifting Devices, Scales, and Associated Medical Equipment The Contractor shall furnish all labor, materials, parts, equipment, tools, travel time, and transportation necessary to provide preventive maintenance and repair for Government-owned patient lifting devices (portable and overhead), associated rail charging systems, bath trolleys, shower chairs, and patient scales, located at the Department of Veterans Affairs (VA), Palo Alto Health Care System (VAPAHCS).

This requirement is a firm-fixed-price, all-inclusive service contract. The Contractor’s proposed price shall include all preventive maintenance, corrective maintenance, required repairs, OEM replacement parts, travel, and related support services necessary to maintain the covered equipment in accordance with manufacturer specifications and VA standards.

Services shall be provided for all equipment identified in Attachment 1, Patient Lifting Devices and Scales by Acquisition Date and Location, which establishes the baseline equipment quantities, age, and general locations for this requirement.

The Government-provided equipment inventory represents the best available information on the devices anticipated to be serviced under this contract. Although the Government has made a reasonable effort to validate and correct the data, the inventory may contain minor discrepancies, including model identification variations or legacy record errors.

Offerors shall base their proposals on the inventory provided and should recognize that the equipment population may vary slightly over the period of performance.

The Contractor shall be responsible for servicing all applicable equipment in operation at the covered facilities, including patient lifts, weighing devices, and associated system components required for safe and functional operation of those devices. Associated components include, but are not limited to, ceiling rail systems, charging stations, track-mounted power supplies, batteries, control units, slings interface hardware, and other manufacturer-provided accessories or infrastructure integral to the lifting systems.

General Information VA Palo Alto currently owns approximately 670 patient lifting devices, some with associated rail charging systems, and 213 patient lift scales that require annual calibration, preventive maintenance, and periodic repair. These quantities are provided for general informational purposes only. The baseline inventory of covered equipment, including model, location, and equipment age, is provided in Attachment 1, Patient Lifting Devices and Scales by Acquisition Date and Location.

Work under this contract shall be performed at the following VAPAHCS locations.

Scope of Work

1. Preventive Maintenance Frequency and Standards

Preventive maintenance for patient lifting devices and associated scales shall be performed in accordance with the manufacturer’s recommended procedures as stated in the applicable service manuals. The preventive maintenance schedule shall be performed based on the existing maintenance history maintained by VA Biomedical Engineering/Healthcare Technology Management (HTM). The Contractor shall coordinate with Biomedical Engineering to determine the date of the most recent preventive maintenance and shall schedule the next required service in accordance with manufacturer-recommended intervals and The Joint Commission standards.

2. Preventive Maintenance Coordination and Scheduling

Preventive maintenance inspections shall be coordinated with VA Biomedical Engineering. The Contractor shall adhere to the preventive maintenance schedule established within Biomedical Engineering records and shall not establish an independent maintenance schedule. All preventive maintenance visits shall be scheduled in advance with Biomedical Engineering at mutually agreed-upon dates and times. Unscheduled or uncoordinated site visits are not authorized.

Maintenance services shall comply with all applicable regulations, VA requirements, and manufacturer specifications, and shall include, but are not limited to, the following:

2.1 Reviewing operating system diagnostics to ensure that the equipment is operating within its specifications.

2.2 Calibrating and cleaning.

2.3 Replacing any worn or defective parts.

2.4 Filling out and tagging the equipment with a Biomedical Engineering inspection sticker per Biomedical Engineering’s guidelines.

2.5 Weight testing of the ceiling patient lifts shall be done in the room in which the lift is installed; utilizing the rail system it is installed on.

2.6 Testing and calibration of the patient lift scales shall follow the manufacturer’s guidelines.

2.7 All preventive maintenance performed on ceiling-mounted patient lifts shall include completion of the Corrective and Preventive Maintenance Checklist for Ceiling Mounted Patient Lifts (Attachment 2). The checklist shall be completed for each lift serviced and signed by the Contractor’s authorized technician as the inspector. The completed checklist shall be provided to the VA Biomedical Engineering representative or designee for review and signature.

The Contractor shall coordinate scheduled maintenance activities in advance with Biomedical Engineering to ensure the appropriate VA staff are available to review and sign the checklist, with the intent that checklist signoff occurs on the same day the work is completed.

3. Repairs Repairs shall be performed when VA Biomedical Engineering notifies the Contractor that a patient lift, associated rail charging system, or scale does not meet manufacturer specifications or has been determined to be in an unsafe operating condition. Repairs may also be recommended by the Contractor when deficiencies are identified during preventive maintenance inspections. All repairs shall be approved in writing by Biomedical Engineering prior to performance, which may include authorization through the Contractor’s proposed work order.

The Contractor shall respond within one (1) business day of repair notification to evaluate the equipment condition and provide a repair recommendation. Business days are defined as Monday through Friday, excluding Federal holidays. Repairs shall be performed in accordance with Biomedical Engineering guidelines, policies, and applicable manufacturer specifications.

3.1 Corrective Maintenance Checklist and Coordination

All corrective maintenance (repairs) performed on ceiling-mounted patient lifts requires completion of the Corrective and Preventive Maintenance Checklist for Ceiling Mounted Patient Lifts (Attachment 2.) The checklist shall be completed for each lift serviced and signed by the Contractor’s authorized technician, as the inspector. The completed checklist shall be provided to the Biomedical Engineering representative or designee for review and signature.

The Contractor shall coordinate repair activities in advance with Biomedical Engineering to ensure appropriate VA staff are available for checklist review and signoff, with the intent that signoff occur on the same day the work is completed.

4. Parts

The Contractor shall furnish and replace all necessary parts, with the exception of consumables (slings), required to restore covered equipment to full operational condition and to meet current manufacturer standards and published specifications.

All replacement parts shall be new Original Equipment Manufacturer (OEM) parts and fully compatible with existing equipment. Rebuilt, refurbished, remanufactured, or backward-engineered parts are not permitted. Parts replacement may be required during both preventive maintenance and repair activities.

5. Service Call Any instance in which Contractor personnel are physically required to report to a VAPAHCS facility to perform preventive maintenance, inspection, testing, repair, or related support services, the contractor shall schedule in advance with the Biomedical Engineering Technician responsible for patient lifting devices and scales. Unscheduled or unannounced visits are not authorized.

Payment for services will be held if the Contractor does not follow proper reporting procedures, including completion and Government signoff of required maintenance and repair checklists and submission of documentation as specified in this Statement of Work.

6. Documentation

6.1 The Contractor shall provide individual service reports that reference services performed on the equipment at the conclusion of each repair and scheduled maintenance visit. The following information must be provided in each service report:

a. Date of service and name of service representative

b. Summary of action taken

c. Equipment details (description, equipment ID [EE#], serial number, etc.)

d. Labor hours expended (for tracking purposes only)

e. Parts used and/or replaced

f. Weight loads checked during the lift and scale testing

g. Building and room location

6.2 Service reports shall be provided to Biomedical Engineering. On the day services are performed, a copy of the service report shall be left with the COR or designated representative at the servicing location. All service documentation shall ultimately be delivered to Biomedical Engineering, Building 101, Room A4200, Palo Alto VA Medical Center. The Contractor shall also provide a electronic monthly summary all service reports (CMs and PMs) to the COR in Excel (.xlsx or .xls) format. This report shall include:

a. Type of service (CM or PM)

b. Biomed/HTM Work Order #

c. Date service completed

d. Building Number

e. Room Number

f. Model of equipment

g. EE# of equipment

h. Serial # of equipment

i. PM Status (Pass, Corrective Action Needed, Out of Service)

j. Lift Condition (Good, Poor)

k. Notes – describing service actions taken

6.3. The Contractor shall check-in with Biomedical Engineering and sign the visitor log when they arrive for a PM or service. The Contractor will also sign out with Biomedical Engineering at the completion of a PM or service.

7. Contractor Qualifications

7.1 The vendor submitting a bid proposal shall have a minimum of two (2) years of demonstrated experience providing maintenance and repair services for ceiling-mounted and portable patient lifting devices in VA hospital environments. This experience requirement applies to both the proposing firm and all technicians who will perform work under this contract.

7.2 When submitting a bid proposal for evaluation, the Contractor shall provide verifiable evidence of current training on the ceiling-mounted and portable patient lift models identified in Attachment 1, Patient Lifting Devices and Scales by Acquisition Date and Location. Acceptable evidence includes, but is not limited to, OEM certifications, official training transcripts, or documented completion of manufacturer-approved online training courses.

7.3 Training documentation shall be submitted with the proposal and shall be maintained current throughout the period of performance. The Contractor shall provide updated or additional training documentation upon request by the Contracting Officer’s Representative (COR) at any time during contract performance.

7.4 All field service representatives performing work under this contract, including subcontractor personnel, shall meet the same experience and training requirements identified in Sections 7.1 through 7.3. Training and experience documentation for subcontractor personnel shall also be submitted with the proposal and maintained current throughout the period of performance.

8. ID Badges, Parking, and Smoking Policy

8.1 Badges: All Contractor personnel shall wear identification (ID) badges when on VA property and surrounding grounds. Contractor ID badges must have an identification picture, name of the individual and the represented company depicted on it. VA badges will also need to be worn while on VA grounds and should be obtained through the VA Police Dispatch Center.

8.2 Parking on VA grounds: Contractor personnel shall park only in designated parking areas. Parking information is available from the VA Police Service. The VA will not invalidate or make reimbursement for parking violations of the Contractor’s personnel under any circumstances.

8.3 Smoking: Smoking is not permitted within or around the VA Healthcare System facilities, except in designated areas.

9. Hours of Performance: All services shall be performed during normal working hours of coverage from 8:00 am to 4:00 pm or after hours at discretion of the COR (i.e., emergency service calls).

10. Information Security

10.1 The certification and accreditation requirements do not apply and a Security Accreditation Package is not required.

10.2 Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security as per VA Handbook 6500.6, Contract Security, and Appendix C.

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023) (DEVIATION OCT 2025) As prescribed in 12.205(b)(3), insert the following clause:

Terms and Conditions—Commercial Products and Commercial Services (Deviation OCT 2025)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) 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.

(c) 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.

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

(e) 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 FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(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. Examples of occurrences include 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. When an excusable delay occurs, the Contractor shall—

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(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) 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 that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(4) 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;

(D) Contractor point of contact; and

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

(5) 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 FAR part 33 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 FAR part 32).

(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 termination for cause.

(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 for interest credits prescribed in FAR part 32 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 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. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. 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 under this contract 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) 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; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21 relating to procurement integrity.

(r) 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 Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract;

(5) Solicitation provisions incorporated in the solicitation;

(6) Other paragraphs of this clause;

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s) Unauthorized obligations.

(1) Except as stated in paragraph (s)(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 (s)(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.

(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This clause does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(u) 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: See 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) below.

(End of Addendum to 52.212-4)

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 before 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 before contract expiration; 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 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025) (DEVIATION)

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

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

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

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

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

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

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

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

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

Covered telecommunications equipment or services means—

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

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

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

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

Critical technology means—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Of that equipment; or

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

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

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

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

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

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

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

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

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

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

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

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

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

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

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

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

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

Kaspersky Lab-covered entity means—

(1) Kaspersky Lab;

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

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

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

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

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

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

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

Sensitive compartmented 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…