36C26224Q1251_updated.docx

36C26224Q1251

GENERAL INFORMATION

Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

POINT OF CONTACT*

Hestia Sim Hestia.Sim@va.gov

PLACE OF PERFORMANCE

VA Loma Linda Healthcare System

Police

11201 Benton St

Loma Linda CA

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

DESCRIPTION

This is a combined synopsis/solicitation is set aside for Small Business for commercial supplies prepared in accordance with the format in Subpart 12.6, as supplemented with the additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This is a request for quotes under solicitation number: 36C26224Q1251

The Department of Veterans Affairs Loma Linda Healthcare System, Loma Linda, CA 92357 has a requirement for Weapon Detection System. The Contractor is to furnish Five (5) Weapon Detection System/lanes and perform installation job at The VA Loma Linda Healthcare System located in 11201 Benton St, Loma Linda, CA 92357. Refer to B.2 STAETMENT OF WORK (SOW) for more detailed requirement and salient characteristics Weapon Detection System must have at the time of offer. Shipping must be included in cost.

The solicitation will be in accordance with FAR Part 12, 13, and 19, Acquisition of Commercial Items, Simplified Acquisition Procedures, Small Business Programs, and Veteran Affairs Acquisition Regulations as supplemented with additional information in this notice. The North American Industrial Classification System (NAICS) code for this requirement is 561621, Size Standard $25M. The Contractor shall adhere to all federal and state laws and regulations in effect during the term of this contract. The Government intends to award a firm-fixed-price contract. The Contract begins on the date of award.

Key solicitation milestones are: Site Visit will be available through appointments only. If interested, vendors MUST email a site visit request to Hestia.Sim@va.gov with “36C26224Q1251, Weapon Detection System Site Visit Request” in the subject line by August 21, 2024, 10:00 Pacific Time. Late site visit request will NOT be accepted due to time constraints.

Submit any questions regarding this procurement via email to Hestia.Sim@va.gov no later than 10am Pacific Local Time Friday, August 23, 2024. No questions will be answered after this date/time unless determined to be in the best interest of the Government as determined by the Contracting Officer. Telephonic questions will not be accepted or returned. RFI responses will be responded to as necessary in amendment format which will be posted to contract opportunities at http://SAM.gov.

Due to time constraints, responses to the solicitation shall be due on Friday, August 30, 2024, at 10:00 Pacific Time. Offerors are advised that it is your responsibility to review and monitor the website frequently to ensure you have the most up to date information, including amendments. Correspondence or questions may be directed to Hestia Sim, Contracting Specialist at Hestia.Sim@va.gov with " 36C26224Q1251, Weapon Detection System” in the subject line within 48 hours of release of this notice. Telephone inquiries will not be honored. Inquiries after the allotted period may not be responded to due to the time constraints of the procurement. All offerors must be registered in www.sam.gov to do business with the Government. Ensure your registration is correct, current and has not expired.

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice

Combined Synopsis/Solicitation Notice

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 36C262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

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.

Submit invoices electronically through https://portal.tungsten-network.com ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

Page 1 of Page 1 of Page 1 of Page 1 of

B.2 STATEMENT OF WORK

1. Background:

The purpose of this contract is to establish a firm fixed-price contract to purchase a Weapon Detection System in order to enhance the security posture of the Loma Linda VA Health Care System. Currently, there are concerns with the numerous active shooting incidents across our nation. These shootings have occurred at schools, malls, churches, hospitals, and various other areas in the community. It is imperative that we make every effort to protect our patrons from these warrantless attacks. In an effort to increase our security, we are planning to increase our security posture by installing a weapons detection system at each entrance of the facility, which will help VA Police Service more easily detect and identify firearms and other dangerous weapons entering the medical center.

2. Scope:

Single and dual lane weapons detection systems will be placed by the entrances in order to screen individuals entering the building. The mechanism will use an advanced weapon detection system based on AI technology in order to enhance screening of staff, patients and visitors entering into the facility.

3. Specific Work to be Performed:

a. The contractor must not employ personnel for work on this contract if such employee is identified to the contractor as a potential threat to the health, safety, security, general well-being or operational mission of the installation and its population.

b. The contractor must furnish service manuals and/or test equipment for the performance of this contract. Manuals will include, but not be limited to, schematics, diagrams, written procedures, and parts lists.

c. It is the responsibility of the contractor to bring the appropriate equipment, parts and/or supplies necessary to complete the work as required.

d. The contractor must be familiar and follow maintenance guidelines contained in current technical service manuals for all equipment and sub-assemblies listed.

e. All work must be performed, and equipment will function in conformance with all VA safety standards, manufacturer’s/industry standards, the latest published edition of NFPA-99, FDA, OSHA, Joint Commission, and other applicable national standards.

f. The Program Office Manager may facilitate a copy of VA safety standards to the contractor upon request.

g. Contractor personnel must present a neat appearance and be easily recognized as contractor employees. This may be accomplished by wearing distinctive clothing bearing the name of the company or company ID badge.

h. Contractor field service personnel must be dressed to present a clean, neat appearance at all times when performing under this contract.

i. Personnel performing maintenance and repair services must be fully qualified, competent, technicians. “Fully qualified and competent” is defined as factory trained and verified by Original Equipment Manufacturer (OEM).

j. Contractor must abide by all hospital policies for Infection Control Risk Assessment (ICRA) and Interim Life Safety Measure (ILSM) policies. Contractor will set up work area providing all barriers and protection needed to ensure safe removal and replacement of equipment and/or materials.

k. Contractor must collect, contain, and dispose of all debris daily and upon completion of work resulting from the overall scope of the project according to VHA Regulations.

l. Contractor is responsible for repairing damages incurred during performance of this scope of work to include removal/installation or moving materials and tools in and out of the work area.

m. Contractor must provide all necessary tools, and Personal Protective Equipment (PPE) to perform the work safely, effectively, and timely.

n. The contractor agrees to procure and maintain, while the contract is in effect, Workers Compensation and Employee’s Public Liability Insurance in accordance with Federal and State of California and/or Nevada laws. The Contractor will be responsible for all damage to property, which may be done by him/her, or any employee engaged in the performance of this contract.

o. The Government will be held harmless against any or all loss, cost, damage, claim expense or liability whatsoever, because of accident or injury to persons or property of others occurring in the performance of this contract

4. Specific Requirements:

a. Check in/out by Vendors for Service Call at VA Facilities

1. Vendor Access:

a. Access to work areas, and performance monitoring, will be provided by the Program Office Manager.

b. After hours response will be monitored by VA Police Dispatch, 909-825-7084 Extension 2135 or 6299.

c. In all cases, VA Police Dispatch must be notified of any changes which may affect the response time of vital equipment and contact the program office manager with updates.

d. For repairs or services required on weekends, holidays or after normal working hours, the Contractor’s repairman is required to contact the program office manager prior to make necessary arrangements.

e. Contractor must check-in and check-out upon arrival and departure at Police Service and with the program office manager, if available, or the on-duty Supervisor of the department.

5. Specific Mandatory Tasks and Associated Deliverables:

a. The contractor must provide all necessary resources, labor, personnel, equipment, tools, materials, supervision, travel, on-site training and other items and services necessary to install a fully functioning Weapons Detection System, as needed by the Loma Linda VA Health Care System, Loma Linda, California.

b. The contractor must respond and be onsite, if necessary, ready to deliver services as required to perform necessary repair work.

c. The contractor is required to run the connections for each station using existing and new circuits and conduits as needed.

d. The contractor is required to route the systems into VA Police Dispatch through existing and new conduit as needed. The contractor is required to permanently install the systems in place. Electrical connections will be provided by Loma Linda HCS Engineering/Electrical team including low voltage system.

e. Weapons Detection System is an early warning system that must be able to perform at minimum, the following functions at the time of offer:

1. The system must be a full walk-through style system, which is a touchless security screening solution, that must provide visual indicators of the location of threat items to assist security screeners and target the search area(s) whether it is on a person’s body or item they are carrying. NOTE: if multiple threats are on a single person or if two people pass through simultaneously the system must provide multiple visual indicators.

2. The system must be capable of notifying VA Police Dispatch with a real-time notification of pictures and location of threat in under 10 seconds from the time the threat is detected. Any time greater than 10 seconds is not acceptable.

3. The system must provide statistical reporting of the number of people screened, alert counts, and classification of alerts.

4. The system must be in compliance with the Buy American Act.

5. The system must be single lane and dual lane compatible for scaling for entrances/exits of varying sizes and traffic flow.

6. The system must use Artificial Intelligence (AI) and advanced algorithms to differentiate between threats (guns, Improvised Explosives Devices, knives, etc.) and non-threat items (phones, keys, belt buckles etc.) to prevent impediments of traffic flow based on detection of non-threat items.

7. The system must be flexible enough and cover time intervals ranging from 5-minutes, through hourly, daily, weekly, or monthly reports if required. Reports must be available for both single and double lane entrances to provide report data.

8. The system must be nonintrusive to patrons entering the medical center and must have single lane accuracy at 34 to 40 inches wide and must accommodate mobility impaired patrons utilizing wheelchairs or other mobility assistance devices and must be ADA compliant. The double lane accuracy must be 69 to 80 inches wide and must have the same ADA compliant features.

9. The system must be able to detect weapons, such as concealed firearms.

10. The system must be able to function both manned or unmanned and have the capability of being remotely monitored in VA Police Operational Areas.

11. The system must not cause any changes to the current security system operations, processes, staffing, or costs.

12. The system must be capable of providing a picture of the subject detailing and detecting where on the person the potential object/weapon is detected to the responding officers.

13. Each Weapon Detection System Lanes’ router must be wired into VA Loma Linda Centralized VA Police Dispatch Center and provide real-time notifications and communications, via external/remote display, to VA Police Dispatch who will notify the responding officers. A real-time notification is any time under 10 seconds, from the time the threat is detected at the entrance. Any time greater than 10 seconds is not an acceptable notification time. The system must be able to operate as a standalone system that does not require connectivity to any other OI&T network. A wireless connection, using web browser or other applications using Wi-Fi wireless connection, into the VA Police Dispatch Center from each lane(s) to a monitoring system (such as tablet) is not acceptable due to unstable Wi-Fi connectivity at the facility.

14. The required wiring and cabling must be routed through the walls, existing conduit, new conduit, and/or interstitials, as needed to wire the lanes into the VA Police Dispatch Center. No other approach or method shall be accepted. If outlet power is required, Facility Management Service (FMS Electrical Shop) will place a power outlet in an area indicated to power the lane. Flooring or concrete must not be removed or compromised to run conduit for power.

15. The system must be physically mounted to the floor and/or structurally heavy enough to not be pushed over, causing damage or injury to the equipment or patron. The flooring or concrete must not be removed in order for the lanes to be lowered into a flush position (level with the floor) into the floor.

16. The system must have a configurable detection setting with the ability to immediately manipulate the sensitivity levels. This function is required in order to allow the system to discern between various weapons and metal prosthesis.

17. The system must be able to provide real-time analytics information to support investigations.

18. The system must be a touchless security screening solution. Each lane must come with a minimum of two displays (one stationed at the lane, and one at VA Police Dispatch) for the administrators to interface with the system.

19. Each display must receive images of the individual who alarmed the system, plus a colored circle or square superimposed on the image to indicate where the potential threat was detected on their person or in their belongings.

20. Each lane must have an integrated camera with the capability to capture photographs of individuals entering and exiting the lanes when a weapons detection alert is triggered.

f. Weapon Detection System is to be installed at five (5) locations throughout the Loma Linda VA Medical Center, located at 11201 Benton St, Loma Linda CA 92357.

1. The VA will be responsible for the installation of the electrical connectivity required for the weapon detection system, to include electrical outlets for each lane. Any other connectivity related functions shall be completed by the contractor.

2. VA will procure and provide rubber mats or covers to prevent tripping during installation if needed.

3. Installation Locations:

a. Main Lobby Entrance (Dual Lane System)

b. Emergency Department Gurney Entrance (Dual Lane System)

c. Emergency Department Entrance (Single Lane System)

d. North Entrance (Single Lane System)

e. Employee Entrance (Single Lane System)

6. System Components:

a. Weapons Detection System

b. (3) Single Lanes

c. (2) Dual Lanes

d. A minimum of two monitoring device/display system for each lane: At least one must be located at the lane, and a minimum of one must be located at VA Centralized Police Dispatch.

e. Each lane must have an integrated camera with the capability to capture photographs of individuals entering and exiting the lanes when a weapons detection alert is triggered. (for detection system only, not integrated into the VALL Video Management System) for photographic identification in case of an alert of a subject(s) possessing a weapon upon entering the facility. The integrated camera must allow identification and tracking of the subject(s) while inside the facility.

f. Software

g. Training

h. Calibration/Set up

i. Installation

j. Rough in communication cable pulled from each lane location to the Police Dispatch Room 1A-88, power pulled to each Lane & each lane to be permanently fixed at each location.

7. NATIONAL HOLIDAYS

The Contractor is not required to provide delivery or services on the following National Holidays:

When a holiday falls on a Sunday, the following Monday shall be observed as a legal holiday by U.S. Government agencies. When a holiday falls on a Saturday, the preceding Friday shall be observed as a legal holiday by U.S. Government agencies. Also included would be any other day specifically declared by the President of the United States as a National Holiday. Federal Holidays (opm.gov).

8. Safety:

a. All contract personnel are required to have participated in an OSHA-approved, 10-hour safety course, prior to working at the Loma Linda VA Medical Center or affiliated sites. Additionally, the on-site contract supervisor is required to have participated in an OSHA-approved, 30-hour safety course. Up to an additional two hours of training may also be provided to contract personnel by VA personnel upon request.

b. Hot work permits for welding, cutting, soldering, or brazing are to be obtained from the VA Loma Linda Safety Office. Scheduled utility outages require 14-day notification prior to the first day of project. Contractor must prepare a site-specific Safety Plan to be approved by the local VA Safety Officer prior to start of work. Plan is to include outages, lockouts and scheduling of work involving cabling and equipment impacting any potential patient treatment or care. A significant part of this planning process is to ensure other cabling and equipment, adjacent to the site being worked, is not impacted.

9. Infection Control:

a. Infection control measures will be enforced for this work. An infection control permit is required prior to start of construction.

b. Infection control of the project site is to be maintained to VA standards by all contractors, at all times, which includes, but is not limited to, the following:

1. Negative air pressure is to be maintained in effected spaces. Pressure gauge required.

2. HEPA filters are to be used.

3. Temporary construction partitions must be smoke-tight.

4. Ensure dust and debris are contained during a project and immediately cleaned from any area occupied by patients and staff.

10. Schedule:

a. All work is to be coordinated with the VA Police Program Manager prior to arriving on site and must check in with Program Manager upon arrival.

b. Most work will be scheduled, Monday through Friday. Some work may be required to be scheduled after hours and on weekends to avoid adversely impacting healthcare operations.

11. Parking:

Contractor parking is available on the outer perimeter on the parking lot, or lot Yellow only (employe authorized parking areas). All contractor, personal vehicles, parking on the hospital grounds is prohibited. Closer, temporary loading and staging areas are allowed and will be designated by the VA LL Police. The VA will not invalidate or make reimbursement for parking violations of Contractor's personnel under any circumstances.

12. Smoking: Contractor personnel may not smoke or vape on VA property.

13. Ordering Activity. Contractor shall not accept any instructions issued by any person other than the CO or Program Office Manager acting within the limits of his/her authority.

14. Change of Contract

Only those services specified herein are authorized. Before performing any service of a non-contractual nature, Contractor shall advise the CO of the reason(s) for the additional work and/or service.

15. Period of Performance:

a. The period of performance will be for a base year only for weapon detection system purchase and 1-year service/maintenance. Prior to contract award, the detailed period of performance shall be discussed with VA Loma Linda Police for delivery, installation, and training schedules. Maintenance and additional service may be followed by a service contract with option years.

b. If the contractor wishes to work at nighttime or during other unscheduled times, they must first get permission from the Loma Linda VA Police.

c. The contractor may perform work during normal business hours (Monday through Friday 0730 to 1600) if their work will not interfere with normal flow of traffic or patient care. If need be, VA Loma Linda Police will help divert traffic to another entrance for a short period of time while the contractor works in certain areas. Please note that the emergency department is 24/7, and the contractor must not interfere with patient care while performing work.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Weapon Detection System/Lane for Main Entrance (Dual Lane System)

LOCAL STOCK NUMBER: WDS AMB ENT

Weapon Detection System/Lane for Ambulance Entrance (Dual Lane System)

LOCAL STOCK NUMBER: WDS ER ENT

Weapon Detection System/Lane for Emergency Room Entrance (Single Lane System)

LOCAL STOCK NUMBER: WDS NORTH ENT

Weapon Detection System/Lane for North Entrance (Single Lane System)

LOCAL STOCK NUMBER: WDS MAIN ENT

Weapon Detection System/Lane for Employee Entrance (Single Lane System)

LOCAL STOCK NUMBER: WDS EMP ENT

B.4 DELIVERY SCHEDULE

1.00

1.00

1.00

1.00

1.00

SECTION C - CONTRACT CLAUSES

C.1 SUPPLEMENTAL INSURANCE REQUIREMENTS

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

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

(b) General Liability: $500,000.00 per occurrences.

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

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

(End of Clause)

C.2 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/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Clause)

C.3 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

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

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

(End of Addendum to 52.212-4)

C.4 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[X] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[] (4) 52.203–17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

[X] (5) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (6) [Reserved] [] (7) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (8) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (9) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117–328).

[] (10) 52.204–28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115–390, title II).

[X] (11)(i) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (DEC 2023) (Pub. L. 115–390, title II).

[] (ii) Alternate I (DEC 2023) of 52.204–30.

[X] (12) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

[] (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

[] (14) [Reserved] [] (15) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

[] (16) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (17) [Reserved] [X] (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-6.

[] (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-7.

[X] (20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)).

[] (21)(i) 52.219–9, Small Business Subcontracting Plan (SEP 2023) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (JUN 2020) of 52.219–9.

[] (v) Alternate IV (SEP 2023) of 52.219–9.

[] (22)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[] (ii) Alternate I (MAR 2020) of 52.219-13.

[X] (23) 52.219–14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

[] (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

[] (25) 52.219–27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).

[X] (26) (i) 52.219–28, Post-Award Small Business Program Representation (FEB 2024) (15 U.S.C. 632(a)(2)).

[] (ii) Alternate I (MAR 2020) of 52.219–28.

[] (27) 52.219–29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

[] (28) 52.219–30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

[] (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[] (30) 52.219–33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

[] (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[X] (32) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (FEB 2024) (E.O. 13126).

[X] (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (34)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[] (ii) Alternate I (FEB 1999) of 52.222-26.

[X] (35)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

[] (ii) Alternate I (JUL 2014) of 52.222-35.

[X] (36)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

[] (ii) Alternate I (JUL 2014) of 52.222-36.

[X] (37) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[X] (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (39)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[]…