36C26126Q0769 Appliance Repaire VAPAHCS RFQ.pdf

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

640-26-4-5051-0078

36C26126Q0769 07-20-2026

Larry Facio (916) 923-4553 08-03-2026 1:00pm PDT

612MCP

Department of Veterans Affairs Network Contracting Office (NCO) 21

X

811412

$8 Million

N/A

VA Palo Alto Health Care System 3801 Miranda Avenue

Palo Alto CA 94304-1207

612MCP

Network Contracting Office (NCO) 21

FMS VA-9(101) Financial Services Center

PO Box 149971 Austin TX 78714-9971

See CONTINUATION Page

Contractor Shall Provide Appliance Servicing and Repair In Accordance With Performance Work Statement for VA Palo Alto Health Care System (VAPAHCS).

Period of Performance: 08/11/2026 to 08/10/2031 Base Year: 08/11/2026 to 08/10/2027 Option Year #1: 08/11/2027 to 08/102028 Option Year #2: 08/11/2028 to 08/10/2029 Option Year #3: 08/11/2029 to 08/10/2030 Option Year #4: 08/11/2030 to 08/10/2031

Wage Determinations 2015-5623, Rev. 29, Effective 05/13/26;

2015-5633, Rev. 26, Effective 05/13/26; 2015-5641, Rev. 30, Effective 05/13/26; 2015-5637, Rev. 32, Effective 05/13/26 are incorporated into this solicitation.

See CONTINUATION Page

640-3660162-5051-854100-2543 0100C1A92

Larry Facio

VA-VHA-RPOW-2025-0020

36C26126Q0759

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.1 PRICE/COST SCHEDULE

B.2 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

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

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...18

C.4 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY

2014)

C.5 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS

(DEVIATION APR 2026)

C.6 52.223-23 SUSTAINABLE PRODUCTS (NOV 2025) (DEVIATION)

C.7 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

C.8 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

C.9 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.10 MANDATORY WRITTEN DISCLOSURES

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

1998)

E.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.3 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (OCT 2025) (DEVIATION)

E.4 ADDENDUM to 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL

ITEMS

E.5 ADDENDUM to FAR 52.212-2 - EVALUATION

E.6 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)

E.7 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (NOV 2025)

(DEVIATION)

E.8 52.233-2 SERVICE OF PROTEST (SEP 2006)

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

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

Network Contracting Office 21

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] MONTHLY

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

All invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission.

Please go to this website: http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

More information on the VA Financial Services Center is available at http://www.fsc.va.gov/einvoice.asp

Vendor e-Invoice Set-Up Information:

Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing, free of charge. If you have question about the e-invoicing program or Tungsten, please contact the FSC at the phone number or email address listed below:

• Tungsten e-Invoice Setup Information: 1-877-489-6135

• Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com http://www.fsc.va.gov/einvoice.asp mailto:VA.Registration@Tungsten-Network.com

• FSC e-Invoice Contact Information: 1-877-353-9791

• FSC e-invoice email: vafsccshd@va.gov

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

AMENDMENT NO DATE

mailto:vafsccshd@va.gov

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4.00 QTR __________________ __________________

QUARTERLY SERVICE - RESTAURANT EQUIPMENT in

Accordance with Statement of Work and Attachment 1 Kitchen Equipment Inventory.

Contract Period: Base POP Begin: 08-11-2026 POP End: 08-10-2027 PRINCIPAL NAICS CODE: 811412 - Appliance Repair and Maintenance PRODUCT/SERVICE CODE: J072 - Maintenance, Repair, and Rebuilding of Equipment - Household and Commercial Furnishings and Appliances Current Number of Items - 65

12.00 MO __________________ __________________

MONTHLY SERVICE - KITCHEN EQUIPMENT in Accordance with

Statement of Work and Attachment 1 Kitchen Equipment Inventory.

Contract Period: Base POP Begin: 08-11-2026 POP End: 08-10-2027 PRINCIPAL NAICS CODE: 811412 - Appliance Repair and Maintenance PRODUCT/SERVICE CODE: J072 - Maintenance, Repair, and Rebuilding of Equipment - Household and Commercial Furnishings

Current Number of Items - 26

MONTHLY SERVICE - RETHERMS in Accordance with Statement of

Work and Attachment 1 Kitchen Equipment Inventory.

Contract Period: Base POP Begin: 08-11-2026 POP End: 08-10-2027 PRINCIPAL NAICS CODE: 811412 - Appliance Repair and Maintenance PRODUCT/SERVICE CODE: J072 - Maintenance, Repair, and Rebuilding of Equipment - Household and Commercial Furnishings

Current Number of Items - 46

MONTHLY SERVICE - TRANSPORT CART in Accordance with

Statement of Work and Attachment 1 Kitchen Equipment Inventory.

Contract Period: Base POP Begin: 08-11-2026 POP End: 08-10-2027 PRINCIPAL NAICS CODE: 811412 - Appliance Repair and

Maintenance PRODUCT/SERVICE CODE: J072 - Maintenance, Repair, and Rebuilding of Equipment - Household and Commercial Furnishings

Current Number of Items - 34

12.00 JB __________________ __________________

ANNUAL ADDITIONAL REPAIR & MAINTENANCE in Accordance with Statement of Work.

Contract Period: Base POP Begin: 08-11-2026 POP End: 08-10-2027 PRINCIPAL NAICS CODE: 811412 - Appliance Repair and Maintenance PRODUCT/SERVICE CODE: J072 - Maintenance, Repair, and Rebuilding of Equipment - Household and Commercial Furnishings

Estimate 1 per Month / 12 per Year.

MONTHLY SERVICE- REFRIGERATORS & FREEZERS in

Accordance with Statement of Work and Attachment 1 Kitchen Equipment Inventory.

Contract Period: Base POP Begin: 08-11-2026 POP End: 08-10-2027 PRINCIPAL NAICS CODE: 811412 - Appliance Repair and Maintenance PRODUCT/SERVICE CODE: J072 - Maintenance, Repair, and Rebuilding of Equipment - Household and Commercial Furnishings

Current Number of Items - 37

Accordance with Statement of Work and Attachment 1 Kitchen Equipment Inventory.

Contract Period: Option 1 POP Begin: 08-11-2027 POP End: 08-10-2028 PRINCIPAL NAICS CODE: 811412 - Appliance Repair and Maintenance PRODUCT/SERVICE CODE: J072 - Maintenance, Repair, and Rebuilding of Equipment - Household and Commercial Furnishings

Statement of Work and Attachment 1 Kitchen Equipment Inventory.

Contract Period: Option 1 POP Begin: 08-11-2027 POP End: 08-10-2028

Maintenance PRODUCT/SERVICE CODE: J072 - Maintenance, Repair, and Rebuilding of Equipment - Household and Commercial Furnishings

Work and Attachment 1 Kitchen Equipment Inventory.

Contract Period: Option 1 POP Begin: 08-11-2027 POP End: 08-10-2028 PRINCIPAL NAICS CODE: 811412 - Appliance Repair and Maintenance PRODUCT/SERVICE CODE: J072 - Maintenance, Repair, and Rebuilding of Equipment - Household and Commercial Furnishings

Statement of Work and Attachment 1 Kitchen Equipment Inventory.

Contract Period: Option 1 POP Begin: 08-11-2027 POP End: 08-10-2028 PRINCIPAL NAICS CODE: 811412 - Appliance Repair and Maintenance PRODUCT/SERVICE CODE: J072 - Maintenance, Repair, and Rebuilding of Equipment - Household and Commercial Furnishings with Statement of Work.

Contract Period: Option 1 POP Begin: 08-11-2027 POP End: 08-10-2028 PRINCIPAL NAICS CODE: 811412 - Appliance Repair and Maintenance PRODUCT/SERVICE CODE: J072 - Maintenance, Repair, and Rebuilding of Equipment - Household and Commercial Furnishings

Accordance with Statement of Work and Attachment 1 Kitchen Equipment Inventory.

Contract Period: Option 1 POP Begin: 08-11-2027 POP End: 08-10-2028

Maintenance PRODUCT/SERVICE CODE: J072 - Maintenance, Repair, and Rebuilding of Equipment - Household and Commercial Furnishings

Accordance with Statement of Work and Attachment 1 Kitchen Equipment Inventory.

Contract Period: Option 2 POP Begin: 08-11-2028 POP End: 08-10-2029 PRINCIPAL NAICS CODE: 811412 - Appliance Repair and Maintenance PRODUCT/SERVICE CODE: J072 - Maintenance, Repair, and Rebuilding of Equipment - Household and Commercial Furnishings

Statement of Work and Attachment 1 Kitchen Equipment Inventory.

Contract Period: Option 2 POP Begin: 08-11-2028 POP End: 08-10-2029 PRINCIPAL NAICS CODE: 811412 - Appliance Repair and Maintenance PRODUCT/SERVICE CODE: J072 - Maintenance, Repair, and Rebuilding of Equipment - Household and Commercial Furnishings

Work and Attachment 1 Kitchen Equipment Inventory.

Contract Period: Option 2 POP Begin: 08-11-2028 POP End: 08-10-2029 PRINCIPAL NAICS CODE: 811412 - Appliance Repair and Maintenance PRODUCT/SERVICE CODE: J072 - Maintenance, Repair, and Rebuilding of Equipment - Household and Commercial Furnishings

Statement of Work and Attachment 1 Kitchen Equipment Inventory.

Contract Period: Option 2 POP Begin: 08-11-2028 POP End: 08-10-2029

Maintenance PRODUCT/SERVICE CODE: J072 - Maintenance, Repair, and Rebuilding of Equipment - Household and Commercial Furnishings with Statement of Work.

Contract Period: Option 2 POP Begin: 08-11-2028 POP End: 08-10-2029 PRINCIPAL NAICS CODE: 811412 - Appliance Repair and Maintenance PRODUCT/SERVICE CODE: J072 - Maintenance, Repair, and Rebuilding of Equipment - Household and Commercial Furnishings

Accordance with Statement of Work and Attachment 1 Kitchen Equipment Inventory.

Contract Period: Option 2 POP Begin: 08-11-2028 POP End: 08-10-2029 PRINCIPAL NAICS CODE: 811412 - Appliance Repair and Maintenance PRODUCT/SERVICE CODE: J072 - Maintenance, Repair, and Rebuilding of Equipment - Household and Commercial Furnishings

Accordance with Statement of Work and Attachment 1 Kitchen Equipment Inventory.

Contract Period: Option 3 POP Begin: 08-11-2029 POP End: 08-10-2030 PRINCIPAL NAICS CODE: 811412 - Appliance Repair and Maintenance PRODUCT/SERVICE CODE: J072 - Maintenance, Repair, and Rebuilding of Equipment - Household and Commercial Furnishings

Statement of Work and Attachment 1 Kitchen Equipment Inventory.

Contract Period: Option 3 POP Begin: 08-11-2029

POP End: 08-10-2030 PRINCIPAL NAICS CODE: 811412 - Appliance Repair and Maintenance PRODUCT/SERVICE CODE: J072 - Maintenance, Repair, and Rebuilding of Equipment - Household and Commercial Furnishings

Work and Attachment 1 Kitchen Equipment Inventory.

Contract Period: Option 3 POP Begin: 08-11-2029 POP End: 08-10-2030 PRINCIPAL NAICS CODE: 811412 - Appliance Repair and Maintenance PRODUCT/SERVICE CODE: J072 - Maintenance, Repair, and Rebuilding of Equipment - Household and Commercial Furnishings

Statement of Work and Attachment 1 Kitchen Equipment Inventory.

Contract Period: Option 3 POP Begin: 08-11-2029 POP End: 08-10-2030 PRINCIPAL NAICS CODE: 811412 - Appliance Repair and Maintenance PRODUCT/SERVICE CODE: J072 - Maintenance, Repair, and Rebuilding of Equipment - Household and Commercial Furnishings with Statement of Work.

Contract Period: Option 3 POP Begin: 08-11-2029 POP End: 08-10-2030 PRINCIPAL NAICS CODE: 811412 - Appliance Repair and Maintenance PRODUCT/SERVICE CODE: J072 - Maintenance, Repair, and Rebuilding of Equipment - Household and Commercial Furnishings

Accordance with Statement of Work and Attachment 1 Kitchen Equipment Inventory.

Contract Period: Option 3 POP Begin: 08-11-2029

POP End: 08-10-2030 PRINCIPAL NAICS CODE: 811412 - Appliance Repair and Maintenance PRODUCT/SERVICE CODE: J072 - Maintenance, Repair, and Rebuilding of Equipment - Household and Commercial Furnishings

Accordance with Statement of Work and Attachment 1 Kitchen Equipment Inventory.

Contract Period: Option 4 POP Begin: 08-11-2030 POP End: 08-10-2031 PRINCIPAL NAICS CODE: 811412 - Appliance Repair and Maintenance PRODUCT/SERVICE CODE: J072 - Maintenance, Repair, and Rebuilding of Equipment - Household and Commercial Furnishings

Statement of Work and Attachment 1 Kitchen Equipment Inventory.

Contract Period: Option 4 POP Begin: 08-11-2030 POP End: 08-10-2031 PRINCIPAL NAICS CODE: 811412 - Appliance Repair and Maintenance PRODUCT/SERVICE CODE: J072 - Maintenance, Repair, and Rebuilding of Equipment - Household and Commercial Furnishings

Work and Attachment 1 Kitchen Equipment Inventory.

Contract Period: Option 4 POP Begin: 08-11-2030 POP End: 08-10-2031 PRINCIPAL NAICS CODE: 811412 - Appliance Repair and Maintenance PRODUCT/SERVICE CODE: J072 - Maintenance, Repair, and Rebuilding of Equipment - Household and Commercial Furnishings

Statement of Work and Attachment 1 Kitchen Equipment Inventory.

Contract Period: Option 4 POP Begin: 08-11-2030

POP End: 08-10-2031 PRINCIPAL NAICS CODE: 811412 - Appliance Repair and Maintenance PRODUCT/SERVICE CODE: J072 - Maintenance, Repair, and Rebuilding of Equipment - Household and Commercial Furnishings with Statement of Work.

Contract Period: Option 4 POP Begin: 08-11-2030 POP End: 08-10-2031 PRINCIPAL NAICS CODE: 811412 - Appliance Repair and Maintenance PRODUCT/SERVICE CODE: J072 - Maintenance, Repair, and Rebuilding of Equipment - Household and Commercial Furnishings

Accordance with Statement of Work and Attachment 1 Kitchen Equipment Inventory.

Contract Period: Option 4 POP Begin: 08-11-2030 POP End: 08-10-2031 PRINCIPAL NAICS CODE: 811412 - Appliance Repair and Maintenance PRODUCT/SERVICE CODE: J072 - Maintenance, Repair, and Rebuilding of Equipment - Household and Commercial Furnishings

GRAND TOTAL __________________

B.2 STATEMENT OF WORK

Commercial Kitchen and Dietetics Equipment Maintenance for

Veterans Affairs Palo Alto Health Care System Statement of Work

1.0 General Information

1.1 Contractor shall perform all maintenance of and repair work for approximately 208 pieces of kitchen equipment located at the Palo Alto, Menlo Park, and Livermore Divisions within the VA Palo Alto Health Care System (VAPAHCS).

Palo Alto 3801 Miranda Avenue, Palo Alto, CA 94304-1207 Kitchen equipment locations:

• Dietetics Service; bldgs. 100, 7, and 520. Canteen Service; bldg. 101.

Menlo Park 795 Willow Road, Menlo Park, CA 94025-2539

• Canteen/Kitchen Service; Bldgs. 329, 331 and 360.

Livermore 4951 Arroyo Road, Livermore, CA 94550-9650

• Canteen/Kitchen Service; bldgs. 64, and 90.

2.0 Scope of Work

2.1 The Contractor shall provide labor, materials, tools, equipment, specialty services and supervision necessary to perform the requirements of Quarterly and Monthly inspection, maintenance and repair of commercial kitchen and canteen equipment located at the facilities identified in Attachment 1 Kitchen Equipment List.

2.2 The Contractor shall provide quarterly and monthly safety inspection and repair any deficiency at the time and/or remove the equipment from service if needed. If the Contractor deemed it necessary to remove a piece of equipment from service, the Contractor shall notify the COR or designee as well as the Manager of the Canteen Service or Dietetics Kitchen Service. Upon approval to remove the equipment from service, the Contractor shall lay out proper signage to announce “out of service” to facility users during repairs.

2.3 Maintenance Schedule

2.3.1 The Contractor and the COR shall coordinate a schedule as to when to provide quarterly and monthly maintenance for the Kitchen equipment within two weeks after the effective date of the contract.

2.3.2 Hours of Services: The Contractor shall normally perform services after 8 am and complete by 5 pm. During this timeframe Contractor shall have to schedule work around the work schedules of the Canteen Service or Dietetics Service to allow food preparation or cleaning activities to continue in operation.

2.3.3 Holidays. The Contractor shall not provide services during Federal Holidays unless specifically scheduled in advance.

2.4 Additional Repair and Maintenance

2.4.1 In the event appliance equipment services exceed routine deliverables, the Contractor will communicate with the COR to determine the best process to proceed.

Contractor will not commence on any services under Additional Repair and Maintenance without full disclosure to the COR of the capacity and costs. Line item x005 will be used to accommodate the invoicing for these services.

2.4.2 It is estimated these services will be at least 2 events per month, 24 annually.

3.0 Contractor Responsibilities

3.1 The Contractor shall perform maintenance in accordance with (IAW) manufacturer’s recommendations. The Contractor shall physically test each piece of equipment to insure proper functionality. The physical tests shall include a “run through” of any electronic programming and display functions, temperatures, pressures, drainage, spray pattern, heating and cooling cycles, and any other functions required by the individual piece of kitchen equipment.

3.2 The Contractor shall respond to emergency call backs and will make repairs with on-site response within 24 hours after notification.

3.3 The Contractor shall inform the COR or designee when equipment needs repairs and provide status of ongoing repairs.

3.4 The Contractor shall provide the tools and equipment necessary to make repairs and dispose of all excess parts and materials.

3.5 The Contractor shall ensure that while performing repairs that customers using the facility are safe. While working, the Contractor shall keep tools and repair parts secured so that they do not present a safety risk to staff and patients at the facility.

3.6 The Contractor shall provide a written report after performing repairs (i.e. quarterly and monthly reports, emergency repairs report, etc.). The written report shall indicate the location, which equipment required repairs, status on out of service equipment, etc. The nomenclature of the report shall be as follows:

Facility name as PAD or MPD or LVD, followed by building number followed by room number. For example: PAD-b520-A175. Reports shall be monthly or as approved by COR upon providing schedule. Standard service invoice with company’s letterhead is acceptable.

3.7 Increase/Decrease in number of equipment during the POP. The Government may decrease or increase the number of equipment requiring maintenance and/or repairs during the course of the contract. Should the number change by more than10, the Contractor and Contracting Officer (CO) shall re-negotiate prices to compensate all parties.

4.0 Contractor Personnel Qualifications/Certification

4.1 The Contractor personnel shall be trained and certified to perform under this contract.

The Contractor shall furnish a copy of technician’s experience in maintaining any of the varied pieces of equipment furnished. A certificate from Commercial Food Equipment Service Association (CFESA) is preferred but not required.

4.2 Contractor to have satisfactory experience providing kitchen equipment maintenance and repair service for at least two other VA facilities or large hospital systems for at least 5 years with equipment inventory similar in size and complexity as VAPAHACS inventory.

4.3 Contractor to have documented experience working on retherm units, conveyorized dishwashers and refrigeration units for at least 5 years.

5.0 Contractor’s Quality Control Program (QCP)

5.1 The Contractor shall establish and maintain quality control to ensure all contract requirements are met. An original and one (1) copy of the Contractor’s QCP shall be forwarded to the COR. The COR will review the QCP and list any needed clarifications, and return to Contractor for response, if necessary. The Contractor’s QCP shall include the following or have incorporated into during performance of contract, at a minimum:

5.2 An inspection plan covering all services is required by this contract. The inspection plan must specify the equipment to be inspected on a scheduled basis.

5.3 On-site records of all inspections/repairs conducted by the Contractor noting necessary corrective action taken. The Government reserves the right to request copies of any and/or each repair.

5.4 The Contractor personnel shall wear an appropriate and professional uniform with company’s logo/name and nametag.

6.0 Availability and Use of Utilities – The Government will make reasonably required amounts of utilities available to the Contractor from existing outlets, drops, water and/or plumbing drains.

7.0 Use of Roadways and Parking Lot:

7.1 The Contractor shall park in designated parking areas and areas that will not obstruct any ongoing construction projects, or hospital services.

7.2 The Contractor shall notify the COR or designee if the loading docks are required for loading or unloading equipment.

8.0 Safety Data Sheets (SDS) - The Contractor shall furnish the Safety Data Sheets and the trade names (if any) and names of chemicals to be used in the performance of this contract prior to initial application.

9.0 Badges – The Contractor shall obtain a time limited Identification (ID) badge from the VA Police Service when providing services to the facility.

10.0 Call Back Requirement: If a repair or maintenance call is inadequate (as per manufacturer’s recommendations), the Contractor shall return (within twenty-four (24) hours after receipt of notification by the COR) to make necessary repairs or maintenance of the equipment.

11.0 Payments and Invoicing

Payment shall be made thirty (30) days in arrears, upon receipt of a proper invoice. If services are provided numerous times in each month, the Contractor shall combine the services into one invoice and submit for payment. Contractor’s billing invoices shall include the authorized Purchase Order and Contract number, description of services provide, itemize the number of equipment service and the technician’s name who provided the service.

12.0 Information Security - The Contractor and its personnel shall be subject to the same federal laws, regulations, standards, and VA directives and handbooks as VA personnel regarding information and information system security as per handbook 6500.6, contract security, appendix C.

SECTION C - CONTRACT CLAUSES

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

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

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part- 52#FAR_52_252_1 (FAR) and http://www.va.gov/oal/library/vaar/index.asp (VAAR)

(End of Clause)

FAR

Number

Title Date

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE

GOVERNMENT ALTERNATE I (NOV 2021)

JUN 2020

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND

CONDUCT

NOV 2021

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS NOV 2023

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS

JAN 2017

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL

JAN 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT—MAINTENANCE

(DEVIATION NOV 2025)

NOV 2025

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED,

SUSPENDED, PROPOSED FOR DEBARMENT, OR

VOLUNTARILY EXCLUDED (DEVIATION NOV 2025)

JAN 2025

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION

REGARDING RESPONSIBILITY MATTERS (DEVIATION

NOV 2025)

OCT 2018

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED

DOMESTIC CORPORATIONS (DEVIATION NOV 2025)

NOV 2015

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (DEVIATION

NOV 2025)

OCT 2025

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE

(DEVIATION NOV 2025)

NOV 2025

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS

(DEVIATION NOV 2025)

NOV 2025

52.219-28 POSTAWARD SMALL BUSINESS PROGRAM

REPRESENTATION (DEVIATION NOV 2025)

JAN 2025

52.222-3 CONVICT LABOR (DEVIATION NOV 2025) NOV 2025

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (DEVIATION

NOV 2025)

NOV 2025

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_252_1 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52#FAR_52_252_1 http://www.va.gov/oal/library/vaar/index.asp

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH

DISABILITIES (DEVIATION NOV 2025)

NOV 2025

52.222-37 EMPLOYMENT REPORTS ON VETERANS NOV 2025

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE

NATIONAL LABOR RELATIONS ACT (DEVIATION)

NOV 2025

52.222-41 SERVICE CONTRACT LABOR STANDARDS (DEVIATION) NOV 2025

52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE

CONTRACT LABOR STANDARDS-PRICE ADJUSTMENT

(MULTIPLE YEAR AND OPTION CONTRACTS)

(DEVIATION)

NOV 2025

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

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (DEVIATION) NOV 2025

52.222-55 MINIMUM WAGES FOR CONTRACTOR WORKERS

UNDER EXECUTIVE ORDER 14026 (DEVIATION)

NOV 2025

52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706

(DEVIATION)

NOV 2025

52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT

MESSAGING WHILE DRIVING

MAY 2024

52.228-5 INSURANCE—WORK ON A GOVERNMENT

INSTALLATION

JAN 1997

52.229-3 FEDERAL, STATE, AND LOCAL TAXES (DEVIATION) SEP 2025

52.229-12 TAX ON CERTAIN FOREIGN PROCUREMENTS FEB 2021

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—

SYSTEM FOR AWARD MANAGEMENT

OCT 2018

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

MAR 2023

52.233-3 PROTEST AFTER AWARD AUG 1996

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

52.237-3 CONTINUITY OF SERVICES JAN 1991

852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE DEC 2022

852.203-70 COMMERCIAL ADVERTISING MAY 2018

852.204-70 PERSONNEL IDENTITY VERIFICATION OF

CONTRACTING PERSONNEL (DEVIATION FEB 2026)

MAR 2026

852.204-72 PERSONELL VETTING AND CREDENTIALING (MARCH

2026)

MAR 2026

852.219-70 VA SMALL BUSINESS SUBCONTRACTING PLAN

MINIMUM REQUIREMENTS (DEVIATION)

JAN 2023

852.222-71 COMPLIANCE WITH EXECUTIVE ORDER 13899

(DEVIATION) (APR 2025)

APR 2025

852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS NOV 2018

852.242-71 ADMINISTRATIVE CONTRACTING OFFICER OCT 2020

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 the contract expires.

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 the contract expires; 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 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES

(MAY 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5332.

This Statement is for Information Only:

It is not a Wage Determination

Employee Class Monetary Wage-Fringe Benefits 49-9031 Home Appliance Repairers $14.95 to $34.93

C.5 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL

CONTRACTORS (DEVIATION APR 2026)

(a)Definitions. As used in this clause—

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

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

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

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

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

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

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

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

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

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

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

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

(End of Clause)

C.6 52.223-23 SUSTAINABLE PRODUCTS (NOV 2025) (DEVIATION)

(a) Definitions. As used in this clause—

Sustainable products means—

(1) A product that contains recovered material designated by the EPA under the Comprehensive Procurement Guidelines (42 U.S.C. 6962) (40 CFR part 247) (https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products).

(2) An energy-efficient product or low standby power device (42 U.S.C. 8259b) (10 CFR part 436, subpart C) (https://www.energy.gov/femp/search-energy-efficient-products, https://www.energystar.gov/products?s=mega, and https://www.energy.gov/femp/low-standby-power-product-list).

(3) A biobased product that meets the content requirements of the USDA under the BioPreferred® program (7 U.S.C. 8102) (7 CFR Part 4270) (https://www.biopreferred.gov/)

(4) A substance identified in the EPA’s Significant New Alternatives Policy (SNAP) program as a safe alternative to an ozone-depleting substance (42 U.S.C. 7671l) (40 CFR part 82, subpart G) (https://www.epa.gov/snap/unacceptable-and-acceptable-substitutes-tables).

https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products https://www.energy.gov/femp/search-energy-efficient-products https://www.energystar.gov/products?s=mega https://www.energy.gov/femp/low-standby-power-product-list https://www.energy.gov/femp/low-standby-power-product-list https://www.biopreferred.gov/ https://www.epa.gov/snap/unacceptable-and-acceptable-substitutes-tables

(b) Requirements. The Government has identified in the statement of work or elsewhere in the contract the sustainable products that are required during the performance of this contract. The Contractor shall ensure that it provides sustainable products as required by this contract, when the products are—

(1) Delivered to the Government;

(2)Furnished for use by the Government;

(3) Incorporated into the construction of a public building or public work; or

(c) Furnished for use in performing services under this contract, where the cost of the products is a direct cost to this contract.

(End of Clause)

C.7 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— https://www.sam.gov

(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 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…