36C26127Q0067_1.docx

36C26127Q0067

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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

654-27-2-6035-0001 36C26127Q0067 10-09-2026 Alex Arter 279-944-5640 11-09-2026

12PM

PST

36C261 Department of Veterans Affairs Network Contractin Office (NCO) 21

X X 238210 $19 Million N/A X Department of Veterans Affairs Reno VA Healthcare System 975 Kirman Ave Reno NV 89502 36C261 Department of Veterans Affairs Network Contracting Office (NCO) 21

FMS VA-9(101) Financial Services Center PO Box 149971 Austin TX 78714-9971 See CONTINUATION Page This requirement is for the tri-annual testing of the electrical distribution system to stay in compliance.

Place of Performance is at Reno VA Medical Center, 975 Kirman Ave 89502.

This procurement is a total SDVOSB set-aside. Offerors must be verified in SBA DSBS the time submission offer.

Wage Determination 2015-5595 Washoe County All documentation must be submitted electronically to alex.arter@va.gov.

See CONTINUATION Page 654-3670162-6035-854100-2543 0100501X7 X x Charee Harris Contracting Officer Table of Contents

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 Contractin Office (NCO) 21

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

3. INVOICES: Invoices shall be submitted in arrears:

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

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

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Project 654-27-110 Triennial Circuit Breaker and Feeder Testing

Statement of Work

1. Summary The facility will need to do its triennial circuit breaker and feeder testing to stay in compliance with standard code.

The Contractor shall furnish all material, labor, services, supplies, equipment, testing, and supervision as part of this Statement of Work.

Contractor shall accomplish testing of the electrical distribution system at the VA Sierra Nevada Health Care System facility at 975 Kirman Ave. The scope of work does not include the contractor performing any corrective action on failed components – the facility will be responsible for corrective action on deficiencies.

All work shall comply with the International Electrical Testing Association (NETA). American National Standards Institute (ANSI), Institute of Electrical and Electronics Engineers (IEEE), National Electrical Code (NEC), Department of Veterans Affairs (VA), and local codes.

Please see the electrical design requirements for the Technical Information Library (TIL) https://www.cfm.va.gov/til/.

All contractor personnel must possess all certifications and licenses required by Local, State, and Federal jurisdictions to perform this work.

1. Scope

1. Testing

1. Work items, definitions, and references shall comply with the latest edition of the ANSI/NETA Standard for Maintenance Testing Specifications for Electrical Power Equipment and Systems and with the VHA Directive, Electrical Power Distribution System.

1. Below is a summary list of the electrical power distribution system components that shall be tested. See the color-coded one-lines that identify each item to be tested.

1. Medium-Voltage (MV) Switches (oil-cooled) – identified by red boxes on one-lines. Existing MV cables shall be tested using very low frequency (VLF) procedures. Report visual observations and general condition of MV cabling, including physical cable supports and racking in vaults. Testing shall be from vault to vault. Every vault shall be inspected.

1. Transformers, Liquid-filled (primary side voltage of 24.9kV) - identified by lavender boxes on one-lines

1. Circuit breakers - identified by green boxes on one-line

1. Feeder cables - identified by blue boxes on one-lines

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1. Transformers, air-cooled (primary side voltage of 480V) - identified by brown boxes on one-lines

1. System Function Tests

2. Perform functional tests for the electrical power distribution system items that are identified in the attached one-lines.

2. Test and exercise all 225-amp, 3-pole circuit breakers and above. If a panel has a main breaker disconnect, this breaker shall also be tested. Exercise all circuit breakers and report any discernible issues or concerns to the Contracting Officer’s Representative (COR).

2. Contractor shall affix a label to the equipment indicating date of testing, name of firm who accomplished the test, and indication that the item was tested successfully. Previous testing labels shall be removed, not covered with new labels.

2. Contractors shall torque all busing, lug connections, and megger all low voltage feeder cables.

2. Clean all electrical connections (including wiping down, brushing off, and/or vacuuming dust and debris). This should include branch circuit wiring, grounded and grounding connections.

2. Any item that does not pass testing successfully is to be brought to the attention of the (COR) immediately after the failed test. Corrective repairs are not included under this statement of work – they are the responsibility of the VA facility.

2. The contractor shall be responsible for cleaning their work areas at the end of each shift and obeying all hospital rules/regulations of conduct.

1. Photography

3. Standard photography:

3. Provide standard photographs of each item tested, with the intent of showing the internal wiring, connections, etc. At minimum, the picture shall include all OCP devices, feed and branch wiring, grounded and grounding connections, equipment nameplates and ratings.

3. Infrared photography:

3. Provide infrared photographs of each item tested to detect hot spots in the Electrical Power Distribution System. The objective of this work is to detect any loose, broken, or corroded connections in the system. Coordinate with the VA to perform corrective action to tighten and retorque connections. Provide post-corrective action infrared photographs to confirm successful results. If not remedied, inform the COR and include findings in report.

3. Note that since this work item must be done while the Electrical Power Distribution System is energized, appropriate safety precautions must be taken before, during, and after scanning the system.

3. Infrared photography to be done during normal working hours.

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3. Photographs shall be submitted to the VA in digital form (JPEG format) in the highest resolution, with file sizes of less than 4MB per photograph.

3. Filename format should follow a sequential pattern to identify the location and item, such as Bldg(#)-Panel(panelname).jpg and Bldg(#)-Panel(panelname)_IR.jpg

3. The files should be broken into Bldg, floor, and room number. Panel/equipment Name should be the title of the picture

1. Overcurrent Protective Device Coordination Study

4. Perform a coordination study to cover the entire VA Reno facility, as shown in the single lines provided.

4. The results of the study shall include:

4. Verify, correct, and update one-line diagrams for the facility since the 2024 version. Identify MV feeders and associated vaults on updated one-line diagrams.

4. New 1-line drawings should include MV feeders, vault locations, and equipment locations (room number or description)

4. Updated, accurate single-line diagrams that shall be color-coded to reflect the three branches of emergency power:

4. Life Safety branch to be red

4. Critical branch to be blue

4. Equipment branch to be green

4. Results of the study

4. Updated arc flash hazard analysis, to include new arc flash labels being provided and installed on all equipment (old arc flash labels shall be removed).

4. Coordination study and all accompanying information (including single lines in PDF and CAD format) are to be provided to the COR at the completion of the study.

1. Final Report

5. A complete written report of the work performed shall be provided to the VA within 7 days of testing and survey completion. Information shown in the report shall include at a minimum the following:

5. Company’s name and contact information

5. Name and signature of contractors who perform the maintenance and testing

5. VA Contract Number and Contracting Officer contact information

5. Include date and time of work for each device in reports

5. Copies of contractors’ valid licenses, professional, and training certificates

5. Descriptions and model numbers of specialized tools and equipment used, such as torque wrench or infra-red scanning camera

5. Location, type, name, and nameplate information of electrical equipment tested

5. Descriptions of testing performed, including pass/fail criteria

5. All test data, values, and results

5. Standard and infrared photographs

5. Reference materials such as equipment manufacturer’s specifications, coordination study, etc.

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5. Any outstanding device deficiencies or failed components discovered during work; provide cost estimate for repairs, labor & materials (L&M)

5. NEC code violations and associated cost estimate for repairs (L&M)

5. Provide separate cost estimate for replacement of all existing MV cabling. Break down the cost estimate for MV cable replacement between each successive vault from main service point to the end-of-line equipment terminations (L&M)

5. Submit the final written report in PDF format to the Contracting Officer and COR

5. All vaults for MV must be inspected and pictures provided.

5. Deficiencies need to be reported immediately to the COR/Electrical section.

1. Contractor Requirements

6. Contractor must obtain and follow the most current ANSI/NETA MTS, American National Standard: Standard for Maintenance Testing Specification for Electrical Power Equipment and Systems. All test procedures and methods shall follow this standard and meet the electrical specifications for the given equipment items and their testing requirements.

6. All contractor employees shall be certified by the International Electrical Testing Association (NETA) or equivalent certifying organization as Certified Technicians with each having completed the Occupational Safety & Health Administration (OSHA) approved 10-Hour construction safety training. The contractor’s superintendent shall have their 30-Hour OSHA certification.

6. Contractors shall have technical training and demonstrable track records of working experience in maintenance, inspection, and testing of the Electrical Power Distribution Systems and related components in healthcare, industrial, educational, and commercial facilities for a minimum of five (5) continuous years. Electrical components on which the Contractors have experience shall include, but not be limited to, switchboards & switchgear (low and medium voltage); low voltage controls; emergency and standby generators; automatic transfer switches, wiring, transformers, meters, and other electrical appurtenances.

6. Contractors shall have safety training – either on-the-job or classroom type - in electrical safety outlined in the OSHA Standard 29 Code of Federal Regulations (CFR) 1910 Subpart S – Electrical, and the NFPA 70E – Standard for Electrical Safety in the Workplace. Training certification shall be provided indicating each technician is a Qualified Person as defined by NFPA 70E. Training certifications shall be submitted to the VA Contracting Officer before work. If no training certifications are available, the contractor’s employer shall certify that he/she has met this requirement in writing submitted to the Contracting Officer before work.

6. Contractors shall have and provide all necessary tools, equipment, and Personal Protective Equipment (PPE) to perform the work safely, effectively, and timely. Tools, equipment, and PPE shall comply with the requirements of OSHA Standard 29 CFR

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1910, Subpart I, and NFPA 70E. Prior to initiating work, Contractor shall provide documentation that all instruments, test equipment, tools, and PPE have current calibration. Dated calibration labels shall be visible on all instruments, test equipment, tools, and PPE as appropriate.

6. Contractors shall have ready access to the latest versions of the following references and comply with the requirements of each:

6. NFPA 70, National Electrical Code

6. NFPA 70B, Recommended Practice for Electrical Equipment Maintenance

6. NFPA 70E, Standard for Electrical Safety for the Workplace

6. NFPA 110, Standard for Emergency and Standby Power System

6. OSHA Standard 29 CFR 1910, Subparts I & S

6. International Electrical Testing Association, Inc. (NETA) – Standard for Maintenance Testing Specifications for Electrical Power Equipment and Systems

6. Operating/Maintenance Manuals and specifications of the electrical equipment to be tested. These documents may be obtained from the VA Medical Center or the equipment manufacturers

6. VHA Directive 1028 (dated July 25th, 2014), Electrical Power Distribution System

6. NESC-2017 National Electrical Safety Code

1. Administrative Schedule

0. The Reno VA intends that this work be accomplished asap after NTP Notice to Proceed.

APP A SOW APPENDIX

VA Reno desired/recommended schedule: Coordinate this with the VA electrical department and include all set information. The testing sequence below has been proven to be best practice.

Bldg. 1A: All components (admin area)

Day 2 (6PM-6AM) – Wednesday Bldg. 1: Microbiology Lab, Dietetics Bldg. 1D/4: Normal power (Radiology, SPS, IPP, ICU, OR, etc.), all of MRI wing

Bldg. 10: Normal power (CLC) Bldg. 12: Normal power (In-patient)

Bldg. 5: All components (Mental Health Outpatient) Bldg. 6: All components (Specialty Clinic) Bldg. 7: All components (Maintenance Shop)

Day 9 (6PM-6AM) – Wednesday Bldg. 1D/4: Emergency power (Radiology, SPS, IPP, ICU, OR, etc.)

Day 10 (6PM-6AM) – Thursday (backup day as needed)

0. The Contractor shall use the above schedule as a starting point. Any changes to the above schedule to be considered by the VA on a case-by-case basis.

0. The schedule shall be in the form of a progress chart of suitable scale to indicate the work scheduled for completion by any given date during the work period.

0. The proposed schedule shall be reviewed by the COR; any requirements for adjusting the schedule (e.g. to minimize disruption to the VAMC) shall be incorporated by the Contractor.

0. Contractor is responsible for planning adequately to accomplish the work each day to achieve the above schedule (e.g. multiple test teams, multiple test setups, etc.)

Work hours

0. “Normal hours” are Monday through Friday 6:00 am to 6:00 pm, excluding federal holidays; “Off hours” are all hours not within “Normal hours”.

Photography Work To be performed during “Normal hours’ Electrical Testing To be performed during “Off hours”

0. The contractor shall coordinate with the COR and facility 2 weeks before any outages that may occur.

Proposal The Contractor shall thoroughly review the scope. The proposal shall be prepared to reflect all work identified by this Statement of Work.

The Contractor shall provide all travel/transportation necessary to perform the requirements of this contract. All costs associated with travel to VASNHCS site, transportation, or any other miscellaneous expenses related to this work shall be the sole responsibility of the contractor.

END OF STATEMENT OF WORK

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

654-27-110 Planning UID: VA-27-00009844 Contracting UID: 36C261-27-AP-0922 The facility will need to do its tri-annual circuit breaker and feeder testing to stay in compliance with standard code. The Contractor shall furnish all material, labor, services, supplies, equipment, testing, and supervision as part of this Statement of Work. Contractor shall accomplish testing of the electrical distribution system at the VA Sierra Nevada Health Care System facility at 975 Kirman Ave. The scope of work does not include the contractor performing any corrective action on failed components - the facility will be responsible for corrective action on deficiencies.

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

(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 SUPPLEMENTAL INSURANCE REQUIREMENTS

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

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

(b) General Liability: $1,000,000.00 per occurrences.

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

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

(End of Clause)

C.3 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025) (DEVIATION)

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

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

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

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

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

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

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

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

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

Covered telecommunications equipment or services means—

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

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

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

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

Critical technology means—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Of that equipment; or

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

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

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

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

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

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

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

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

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

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

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

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

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

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

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

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

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

Kaspersky Lab-covered entity means—

(1) Kaspersky Lab;

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

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

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

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

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

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

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

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

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

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

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

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

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

Unmanned aircraft system means an unmanned aircraft and associated elements (including communication links and the components that control the unmanned aircraft) that are required for the operator to operate safely and efficiently in the national airspace system (49 U.S.C. 44801(12)).

(b) Prohibitions on providing or using specific products or services in performance of contract. Unless a waiver or exception applies, the Contractor is prohibited from providing any products or services to the Government or 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,…