36C26126Q0405_2.docx
DOCX document 137 KB Posted
- Attached to
- N045--Replace Morgue Cooler | San Francisco, CA Federal contract opportunity
- Solicitation number
- 36C26126Q0405
About this file
This is a Standard Form 1449 Solicitation/Contract/Order for Commercial Products and Commercial Services issued by the Department of Veterans Affairs, Veterans Health Administration, Sierra Pacific Network (VISN 21) for the replacement of morgue HVAC equipment at the San Francisco VA Medical Center.
The solicitation seeks a qualified general contractor with EPA 608 Certification to purchase and install replacement air handling and cooling equipment for Project 662-26-102. The requirement is a brand-name-or-equal direct replacement of the existing Haakon Industries Pentpak 208-AC-100 air handler and Trane TTA180E40SAA 15-ton condensing unit serving the morgue facility. The work scope includes equipment procurement, installation, coordination drawings, product submittals, factory startup and testing, testing and balancing via duct traverse, operations and maintenance manuals, and warranty coverage for one year from completion. The contractor must coordinate with facility management regarding equipment placement on the south portion of Building 203 roof (approximately 20 feet above grade), manage utilities disconnection and charging, and plan work to minimize operational disruptions with a minimum 20-day advance notice. The total performance period is 240 days with an assumed equipment lead time not exceeding 120 days; work execution from disconnection to startup must not exceed two weeks. This is a total Service-Disabled Veteran-Owned Small Business (SDVOSB) set-aside on the open market under FAR Part 12, with award based on firm-fixed price to the lowest responsive, responsible offeror. The RFQ deadline is April 20, 2026, at 12:00 PM PDT, with a pre-proposal site visit scheduled for April 6, 2026, at 10:00 AM PDT. All offerors must be registered in SAM.gov and certified as SDVOSB in the SBA VetCert system at time of offer and prior to award under NAICS code 238220 with a $19 million size standard. Questions must be submitted by April 10, 2026, by 12:00 PM PDT.
View the file
Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Attachment - REQUEST FOR INFORMATION RFI FORM.docx | DOCX document | |
| Attachment - Supporting Drawing and Graphics 01-31-26.pdf | ||
| Attachment - Salient Characteristics 03-31-26.pdf | ||
| Attachment- Consolidated Specifications 03-18-26 final.pdf |
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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
662-26-2-6451-0012
36C261-26-AP-2074
36C26126Q0405 03-20-2026 David Rovner 925-372-4614 04-20-2026 12:00
PDT
36C261 Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) Network Contracting Office (NCO) 21 975 Kirman Avenue Reno
NV
89502-0993 X X Y 238220 $19 Million N/A X "See Delivery Schedule"
Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) Network Contracting Office (NCO) 21 975 Kirman Avenue Reno
NV
89502-0993
FMS-VA-2(101) Financial Services Center PO Box 149971 Austin
TX
78714-9971 See CONTINUATION Page This requirement is for the procurement of commercial equipment with ancillary installation services in accordance with FAR Part 12 and applicable elements of FAR Part 36.
See Section C of this document for details.
The only Pre-Proposal Site Visit is scheduled for April 06, 2026 at 10:00 AM PDT. See Instructions to Offerors for further details.
Questions and/or request for information (RFI) must be submitted using the attached RFI form and are due by 12:00 PM PDT on April 10, 2026, to the Contract Specialist, David Rovner at david.rovner@va.gov. No questions will be answered during the site visit as to allow fair competition.
The Government intends to award a firm-fixed price contract resulting from this RFQ to the responsible offeror whose offer conforming to this solicitation, considering price only.
This is an open market total SDVOSB set aside requirement.
See CONTINUATION Page X Charee Harris Contracting Officer Table of Contents
| SECTION A | 1 |
| A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES | 1 |
| SECTION B - CONTINUATION OF SF 1449 BLOCKS | 4 |
| B.1 CONTRACT ADMINISTRATION DATA | 4 |
| B.2 PRICE/COST SCHEDULE | 7 |
| ITEM INFORMATION | 7 |
| B.3 DELIVERY SCHEDULE | 7 |
| SECTION C - CONTRACT CLAUSES | 9 |
| C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023) (DEVIATION OCT 2025) | 9 |
| BASIS FOR AWARD | 16 |
| C.3 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (DEVIATION NOV 2025) | 16 |
| C.4 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020) | 26 |
| C.5 SUPPLEMENTAL INSURANCE REQUIREMENTS | 26 |
| C.6 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (DEVIATION) (JAN 2023) | 26 |
| C.7 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) | 28 |
| C.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 29 |
| C.9 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018) (DEVIATION NOV 2025) | 29 |
| C.10 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, PROPOSED FOR DEBARMENT, OR VOLUNTARILY EXCLUDED (JAN 2025) (DEVIATION NOV 2025) | 31 |
| C.11 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV 2015) (DEVIATION NOV 2025) | 32 |
| C.12 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013) (DEVIATION SEPT 2025) | 33 |
| SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS | 35 |
| D.1 List of Attachments | 35 |
| SECTION E - SOLICITATION PROVISIONS | 36 |
| E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023) (DEVIATION OCT 2025) | 36 |
| INSTRUCTIONS TO OFFERORS 36C26126Q0405 | 37 |
| BASIS FOR AWARD | 39 |
| E.2 52.216-1 TYPE OF CONTRACT (APR 1984) (DEVIATION NOV 2025) | 40 |
| E.3 52.225-2 BUY AMERICAN CERTIFICATE (OCT 2022) | 40 |
| E.4 52.233-2 SERVICE OF PROTEST (SEP 2006) (DEVIATION NOV 2025) | 41 |
| E.5 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS AND CERTIFICATIONS (DEVIATION NOV 2025) | 41 |
| E.6 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020) | 45 |
| E.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 45 |
| E.8 52.204-7 SYSTEM FOR AWARD MANAGEMENT (NOV 2024) (DEVIATION NOV 2025) | 46 |
| E.9 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (JAN 2025) (DEVIATION NOV 2025) | 49 |
| E.10 52.219-14 LIMITATIONS ON SUBCONTRACTING (NOV 2025) (DEVIATION) | 51 |
| E.11 52.219-28 POSTAWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JAN 2025) (DEVIATION NOV 2025) | 53 |
| E.12 52.219-33 NONMANUFACTURER RULE (SEP 2021) (DEVIATION NOV 2025) | 55 |
| E.13 52.222-3 CONVICT LABOR (NOV 2025) (DEVIATION NOV 2025) | 56 |
| E.14 52.222-19 CHILD LABOR—COOPERATION WITH AUTHORITIES AND REMEDIES (MAR 2026) (DEVIATION NOV 2025) | 57 |
| E.15 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020) (DEVIATION NOV 2025) | 58 |
| E.16 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020) (DEVIATION NOV 2025) | 58 |
| E.17 52.222-37 EMPLOYMENT REPORTS ON VETERANS (JUN 2020) (DEVIATION NOV 2025) | 59 |
| E.18 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010) (DEVIATION NOV 2025) | 60 |
| E.19 52.222-50 COMBATING TRAFFICKING IN PERSONS (NOV 2021) (DEVIATION NOV 2025) | 61 |
| E.20 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (JAN 2025) (DEVIATION NOV 2025) | 69 |
| E.21 52.223-11 OZONE-DEPLETING SUBSTANCES (MAY 2024) (DEVIATION NOV 2025) | 72 |
| E.22 52.223-12 MAINTENANCE, SERVICE, REPAIR, OR DISPOSAL OF REFRIGERATION EQUIPMENT AND AIR CONDITIONERS (MAY 2024) (DEVIATION NOV 2025) | 72 |
| E.23 52.223-23 SUSTAINABLE PRODUCTS (MAY 2024) (DEVIATION NOV 2025) | 72 |
| E.24 52.225-1 BUY AMERICAN—SUPPLIES (OCT 2022) (DEVIATION NOV 2025) | 73 |
| E.25 52.233-3 PROTEST AFTER AWARD (AUG 1996) (DEVIATION NOV 2025) | 76 |
| E.26 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) (DEVIATION NOV 2025) | 76 |
| E.27 VAAR 852.204-72 PERSONNEL VETTING AND CREDENTIALING (MAR 2026) (DEVIATION) | 77 |
| E.28 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED BY REFERENCE (JAN 2008) | 80 |
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 Charee Harris
VA Sierra Pacific Network (VISN 21) Network Contracting Office (NCO) 21 975 Kirman Avenue Reno NV 89502-0993
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] Time of Delivery/Installation. |
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.
Department of Veterans Affairs FMS VA-9(101) Financial Services Center ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
| AMENDMENT NO |
| DATE |
San Francisco VA Medical Center 4150 Clement St San Francisco, CA 94121
Project: 662-26-102, Replace Morgue HVAC Equipment
Scope of Work The San Francisco VA Medical Center located a 4150 Clement St., San Francisco, CA 94121 requires the services of a qualified general contractor, having EPA 608 Certification, to execute the requirements of project 662-26-102 Replace Morgue HVAC Equipment. This requirement is limited brand name or equal - direct replacement of existing air handler as well as the associated air-cooled condensing unit. The area of work is the south portion of Building 203 roof as well as the dock area required to perform the work.
The government has discerned that direct replacements of the equipment of identical measurements and utility requirements exist in the market though are not of exact manufacturer or model number. Sequence of operations as well as control devices (BAS and FA systems) are anticipated for reuse, however work to do so will be a requirement of the contractor. Exact placements of connections are not guaranteed nor are exact curb dimensions, hence coordination drawings will be required. Qualified equivalent products are those meeting design characteristics specific to cubic feet per minute (CFM) delivery as well as heating and cooling transfer and overall capacity. Entirely different configurations, most likely a horizontally configured air handling unit will be considered as equivalents assuming modifications to roof curbs and utilities create no adverse effects to the government. In fact, a horizontal configuration is the preference of the government due to improved maintainability and as such a cost increase may be warranted. Contractor is to provide a rough estimate of cost difference between options prior to procurement to ensure consideration.
This requirement is to be executed as purchase and install. No drawings are required nor are final as-builts. Specific specifications sections are provided however the VA standard master specifications are the standards from which any other sections would emanate.
· Develop any other specification sections that may be required to lend sufficient detail to the requirement.
· Product submittals
· Coordination drawings
· Any engineered details necessary due to modifications from status quo.
· Mark-up provided roof plans to identify any revisions to existing configurations.
· Factory Start-up and testing documentation necessary for placement into service
· Testing and balancing requirements are limited to duct traverse to determine static pressure and volume at operating speeds to ensure sheave sizing and amp draws are within specifications
· Operations and Maintenance Manuals Government review time is 10 calendar days for all submitted documentation. Warranty is 1 year from date of completion.
Constraints / Existing Site Conditions The area of work is the south portion of Building 203 roof above the warehouse. This roof is depicted as below and is roughly 20 feet above grade, however, it is behind a roughly 8’ tall shielding screen.
Work interior to the facility is limited to disconnection and charging of utilities. No energized work will be required. The government will lead lock-out tag-out (LOTO) requirements and the contractor will place redundant locks where hazards are to be mitigated. The government will recover refrigerant in the existing equipment prior to removal.
Existing Equipment and technical specifications to be replaced is as follows. Schedules from the original installation project (Renovation of Morgue Building 203) are provided in “Supporting Drawing and Graphics.”
Brand Name or Equal – see attached salient characteristics Air Handler (QTY: 1)
| Manufacturer: HAAKON INDUSTRIES |
| Model no. PENTPAK 208-AC-100 |
Condensing Unit (QTY: 1) Manufacturer: Trane Model no. TTA180E40SAA Capacity 15 tons
Serviced area is the Morgue. No serious disruptions to operations are anticipated because of an extended outage, however dates of planned outages should be provided to the government not less than 20 days before work is performed. The below pictures depict existing conditions.
Based on nature of this requirement, no laydown area will be provided, however coordination of space at time of work to allow for crane placement and truck hauling will be facilitated by the government.
Period of Performance:
| Period of Performance 240 Days |
| This assumed equipment lead time is not more than 120 days. If lead times exceed this, a no-cost time extension may be granted by the Contracting Officer. Work is encouraged but not required to be completed in a single duration to limit efforts to a single crane pick. Actual performance of work from time of disconnection to factory start-up shall not exceed two weeks. |
Bid Schedule Base Bid The offeror shall perform all work in this Statement of Work
B.2 PRICE/COST SCHEDULE
ITEM INFORMATION
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1.00 |
| jb |
| __________________ |
| __________________ |
Purchase and installation to replace Morgue Cooler PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air-Conditioning Contractors PRODUCT/SERVICE CODE: N045 - Installation of Equipment - Plumbing, Heating, and Waste Disposal Equipment
MANUFACTURER PART NUMBER (MPN): N/A
| GRAND TOTAL |
| __________________ |
B.3 DELIVERY SCHEDULE
| ITEM NUMBER |
| SHIPPING INFORMATION |
| QUANTITY |
| DELIVERY DATE |
| 0001 |
| SHIP TO: |
| Department of Veteran Affairs |
San Francisco VA Medical Center (SFVAHCS) 4150 Clement St San Francisco, CA 94121
USA
| 1.00 |
| 240 DAYS ARO |
| FOB: |
| DESTINATION |
36C26126Q0405
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SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023) (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:
C.2 Addendum to Instruction to Offerors
1) INTRODUCTION:
a) This requirement is being solicited as a Total SDVOSB set aside on the open market utilizing the procedure outlined in FAR 12.201 Solicitation procedures. The Government intends to solicit this requirement on the open market to eligible SDVOSB registered firms with www.SAM.gov providing Fair Opportunity as required by FAR 12.201 Solicitation procedures. The selection will be based on price only. One firm-fixed-price contract will be awarded resulting from this solicitation.
b) The Government intends to award without discussions the proposal offering the best value to the Government. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.
c) System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.
2) PRE-QUOTE SITE VISIT INFORMATION:
Potential Offerors are strongly urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of performing these services. In no event will failure to inspect the site constitute grounds for a claim after contract award. This pre-quote site visit will be the only opportunity for potential offerors to visit the site. All potential contractors, subcontractors, and suppliers are strongly encouraged to attend this pre-proposal site visit.
a) The only pre-quote site visit is scheduled for April 06, 2026, at 10:00 AM PDT. Please meet the VA COR/Engineer at the flagpole in front of Building 1 on the SFVAMC campus. This will be the only opportunity for potential offerors to visit the site.
b) Offerors are strongly encouraged to attend. Failure to attend will not relieve the contractor of responsibility.
3) SUBMISSION INSTRUCTIONS/REQUIREMENTS:
a) All quotes shall be submitted with an itemized Price Quote to include the following:
i. All offerors must be registered in www.SAM.gov at the time of offer and prior to award.
ii. All SDVOSB offerors must be registered and certified in https://search.certifications.sba.gov/ at the time of offer and prior to award.
iii. Price Quote shall include a completed and signed SF1449.
iv. Any quote submitted without a completed and signed VAAR 852.219-76 VA Notice of Limitations On Subcontracting-Certificate of Compliance For Supplies and Products JAN 2023 (Deviation) will not be considered.
b) Offerors shall send one (1) electronic copy via (email shall be less than 10MB) of the price quote to arrive on or before the due date/time. The subject line of the email shall read: “Insert Company Name | Replace Morgue Cooler | 36C26126Q0405 | SF | OM SDVOSB”. Send the email to david.rovner@va.gov and charee.harris@va.gov.
c) Offerors must submit all pages of the solicitation. Failure to return all pages of the solicitation will result in being removed from further consideration.
d) Faxed proposals are not permitted under any circumstances.
e) Offerors may, at the discretion of the Government, be asked to provide information for clarification purposes regarding their quotes.
f) The offeror shall be held responsible for the validity of all information supplied in his/her quote, including information provided by potential subcontractors. Should subsequent investigation disclose that the fact and conditions were not as stated, the quote may be rejected and receive no further consideration.
g) RFQs/Price Quote due no later than 12:00 PM PDT on April 20, 2026, as stated on Block 8 on Page 1.
h) Offerors must hold offers firm for acceptance for a minimum of 60 days.
i) Offerors providing less than the minimum number of days for acceptance after the date offers are due may not be considered and may be rejected.
4) INSTRUCTIONS FOR SUBMITTING REQUESTS FOR INFORMATION (RFI):
a) All Requests for Information (RFIs) regarding this RFP must be submitted in writing and received NLT 12:00 PM PDT on April 10, 2026 in order to allow replies to reach all prospective offerors in a timely manner. Questions/RFIs shall be sent via email to David Rovner at david.rovner@va.gov and Charee Harris at charee.harris@va.gov.
BASIS FOR AWARD
EVALUATION CRITERIA:
1) Award will be made to the lowest priced, technically acceptable offeror meeting the requirements of the solicitation.
2) The Government will evaluate quotes to determine whether the offeror demonstrates the ability to meet the requirements of the Statement of Work. Quotes that fail to clearly demonstrate capability may be rejected.
Prior to an evaluation of any offer received, a verification of the Veteran Small Business Certification Page (SBA VetCert) will be completed to ensure every offeror is still a certified Service-Disabled Veteran Owned Small Business (SDVOSB) under the NAICS code 238220 Plumbing, Heating, and Air Conditioning Contractors, Size Standard: $19 Million.
(END OF SUBMISSION INSTRUCTIONS/REQUIREMENTS)
(End of Addendum to 52.212-4)
C.3 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (DEVIATION NOV 2025)
(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 arrangements means arrangements governing the physical connection of two or more networks to allow the use of another’s network to hand off traffic where it is ultimately delivered (e.g., connecting a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.
Kaspersky Lab-covered article means any hardware, software, or service that—
(1) Is developed or provided by a Kaspersky Lab-covered entity;
(2) Includes any hardware, software, or service developed or provided in whole or in part by a Kaspersky Lab-covered entity; or
(3) Contains components using any hardware or software developed in whole or in part by a Kaspersky Lab-covered entity.
Kaspersky Lab-covered entity means—
(1) Kaspersky Lab;
(2) Any successor entity to Kaspersky Lab, including any change in name, e.g., “Kaspersky”;
(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or
(4) Any entity of which Kaspersky Lab has a majority ownership.
National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency—
(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or
(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.
Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.
Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.
Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information.
Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.
Subsidiary means an entity in which more than 50 percent of the entity is owned directly by a parent corporation or through another subsidiary of a parent corporation.
Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.
Unmanned aircraft means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft (49 U.S.C. 44801(11)).
Unmanned aircraft system means an unmanned aircraft and associated elements (including communication links and the components that control the unmanned aircraft) that are required for the operator to operate safely and efficiently in the national airspace system (49 U.S.C. 44801(12)).
(b) Prohibitions on providing or using specific products or services in performance of contract. Unless a waiver or exception applies, the Contractor is prohibited from providing any products or services to the Government or using in the performance of the contract any of the following:
(1) A covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees (section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328));
(2) A Kaspersky Lab-covered article (Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91));
(3) Covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system (paragraphs (a)(1)(A) of section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232)). This does not prohibit contractors from providing—
(i) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Prohibition on unmanned aircraft systems manufactured or assembled by American Security Drone Act—covered foreign entities.
(1) Prohibition. The Contractor is prohibited from—
(i) Delivering any FASC-prohibited unmanned aircraft system, which includes unmanned aircraft (i.e., drones) and associated elements (sections 1823 and 1826 of American Security Drone Act of 2023, within the National Defense Authorization Act for Fiscal Year 2024, Pub. L. 118-31, Div. A, Title XVIII, Subtitle B, 41 U.S.C. 3901 note prec.);
(ii) On or after December 22, 2025, operating a FASC-prohibited unmanned aircraft system in the performance of the contract (section 1824 of Pub. L. 118-31); and
(iii) On or after December 22, 2025, using Federal funds to procure or operate a FASC-prohibited unmanned aircraft system (section 1825 of Pub. L. 118-31).
(2) Procedures. The Contractor shall search SAM for the FASC-maintained list of American Security Drone Act—covered foreign entities before proposing, or using in performance of the contract, any unmanned aircraft system. Also, the Contractor shall ensure any effort or expenditure associated with a FASC-prohibited unmanned aircraft system is consistent with a corresponding exemption, exception, or waiver determination expressly stated in the contract.
(3) Exemptions, exceptions, and waivers. The prohibitions in paragraph (c) of this clause do not apply where the agency has determined an exemption, exception, or waiver applies, and the contract indicates that such a determination has been made. See sections 1823 through 1825 and 1832 of Public Law 118-31 for statutory requirements pertaining to exemptions, exceptions, and waivers.
(d) Prohibition on using or providing specific products or services or conducting certain transactions regardless of connection to contract.
(1) Certain telecommunications and video surveillance equipment, systems, or services.
(i) Unless an applicable waiver has been issued by the Government, the Contractor cannot use any equipment, systems, or services that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system (paragraph (a)(1)(B) of section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232)).
(ii)…
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