RFQ 36C26225Q0148_revised 2.11.25.docx

36C26225Q0148

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

36C26225Q0148 1-1 -202 Anthony Dela Cruz 562-766-2284 -202

7:00 AM

PST

36C262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815 X 339112 1000 Employees

NET 30

X N/A X 36C262 Department of Veterans Affairs

VISN

22:Desert Pacific Healthcare Network participating medical facilities and clinics.

Reference B.

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

Department of Veterans Affairs Financial Services Center Submit invoices electronically to:

https://www.tungsten-network.com

Tungsten support: 1-877-489-6135

See CONTINUATION Page This is a brand name or equal requirement for ScriptPro

Pharmacy Management System The contractor shall show clear, and compelling evidence they meet all requirements of this solicitation.

RFQ 36C26225Q0148

is unrestricted full and open competition in The open market in accordance with

(IAW)

FAR 12 Acquisition of Commercial Products and FAR 13 Simplified Acquisition Procedures.

Award will be made IAW ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES, and

FAR 52.212-2 EVALUATION-COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES.

All quotes must be received by Tu es day February

, 202 7:00 am PST.

See CONTINUATION Page Anthony Dela Cruz

VA-VHA-RPOW-2024-0101

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 36C262 Anthony.DelaCruz@va.gov 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.

Department of Veterans Affairs Financial Services Center P.O. Box 149971 Submit invoices electronically to:

http://www.tungsten-network.com ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Audio Package Speaker Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing PRODUCT/SERVICE CODE: 6515 - Medical and Surgical Instruments, Equipment, and Supplies MANUFACTURER PART NUMBER (MPN): Audio Package Speake

Remote Access Server for WMS

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): Remote Access Server

KIOSK Factory Upgrade, i5C6, Windows 11

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): KIOSK Factory Upgrad

SP Central Communications Module

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): SP Central Module

Standard Interface

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): Standard Interface

Customer Hard Drive Retention HCI 1000/Workflow Platform Server

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): Customer Hard Drive

Customer Hard Drive Retention Robotic Systems

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): Robotic Systems

Endpoint Security Management (per pharmacy)

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): Endpoint Security

Endpoint Security (per server/client computer)

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): Endpoint Security

SP Datapoint or Notice Board Factory Upgrade, i5C4 to i5C6, Windows 11

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): SP Datapoint

BUP/RAS/PSP Factory Upgrade, Server OS 2019, SQL 2019

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): BUP/RAS/PSP

Customer Owned Equipment Uninstall

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): Equipment Uninstall

SPX00/CRSX On-Site Upgrade, Windows 11

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): SPX00/CRSX

Monthly Support for all items. Monthly support billing begins the 1st of the month following installation for 12 months.

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): Monthly Support

RAS Device License Package

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): RAS Device License

Image Storage Migration

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): Image Storage

Field Services

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): Field Services

Eyecon 9430

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): Eyecon 9430

Pharmacy Services Portal

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): Services Portal

SP Central Communications Module

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): SP Central Module

Eyecon Controller Conversion

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): Eyecon Controller

Customer Hard Drive Retention HCI 2000/HCI 1000/Workflow Platform Server

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): Customer Hard Drive

SPX00/CRSX On-Site Upgrade, i5C4 to i5C6, Windows 11

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): Robot Upgrade

SPCE On-Site Upgrade, Server OS 2019, SQL 2019

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): SPCE On-Site Upgrade

Full Disk Encryption (per server computer/HCI VM)

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): Full Disk Encryption

Robotic Prescription Dispensing System with 6 slot Collating Control Center

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): SP 200/CCC (6 slot)

Storage and Retrieval System Base Cabinet (includes Electronic Door Locks)

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): SRS Base Cabinet

SP Central Expanded Platform (includes 1 SP Central Expanded Server, 1 Workflow Management System Software, 1 SP Datapoint)

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): SP Central Expanded

ScriptPro Inventory Management Module (per pharmacy)

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): ScriptPro Inventory

Pharmacy Services Portal Server (includes Pharmacy Services Portal Software and Pharmacy Services Portal Server)

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): Pharmacy Services Po

Pharmacy Data Terminal

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): SP Datapoint

Pharmacy Printer

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): SP Printer

Prescription Notification Board 65" - Prescriptions Ready and PSP Now Serving

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): Notice Board 65

Pharmacy Patient Kiosk

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): SP Kiosk

SRS Workstation (includes 4 scanning drawers)

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): SRS Workstation

SRS Back Storage

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): SRS Back Storage

SRS End Cap Storage

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): SRS End Cap Storage

Barcode Scanner

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): Scanner

Electronic Signature Device

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): Electronic Signature

Smart Card Scanner

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): Smart Card Scanner

Ticket Window Display

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): Ticket Window Displa

SP Kiosk Stand

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): SP Kiosk Stand

Audio Package Setup/System Integration for Notice Board

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): Audio Package Setup/

Eyecon Interface Controller

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): Eyecon Interface Con

Full Disk Encryption (per server computer/HCI VM)

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): Full Disk Encryption

ScriptPro Firewall Management

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

MANUFACTURER PART NUMBER (MPN): ScriptPro Firewall M

Monthly Support for all items. Monthly support billing begins the 1st of the month following installation for 12 months.

Contract Period: Option 1 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Monthly Support for all items. Monthly support billing begins the 1st of the month following installation for 12 months.

Contract Period: Option 2 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Monthly Support for all items. Monthly support billing begins the 1st of the month following installation for 12 months.

Contract Period: Option 3 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

Monthly Support for all items. Monthly support billing begins the 1st of the month following installation for 12 months.

Contract Period: Option 4 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 339112 - Surgical and Medical Instrument Manufacturing

B.3 STATEMENT OF WORK

Omnicell Server Windows 2019 VA Veterans Integrated Service Network (VISN 22), Pharmacy

3.1 GENERAL REQUIREMENTS

The vendor shall provide equipment and appropriate server to be able to continue to run and be fully integrated into the existing pharmacy dispensing automation and operating system that provides the pharmacy and users full operational and compatible access.

3.2 CONTRACTOR RESPONSIBILITIES

The vendor shall provide all tools, equipment, technical information, travel, and personnel for proper installation of the equipment.

3.3 EQUIPMENT REQUIREMENTS

The specifications as set forth in this section are the minimum requirements of the government. The quoted equipment shall meet or exceed the minimum requirements.

Windows 2019 Server

1. Upgraded server must to be able to hold and support current ScriptPro automation equipment, workstation, printers, and all other ScriptPro units that need to be communicating

2. Must be compatible with current VA technology and IT requirements

3. Must be able to support ScriptPro technology currently used throughout VISN 22 participating medical centers and clinics.

3.4 DELIVERY/INSTALLATION

a. The vendor shall provide, install, and thoroughly test all equipment and software.

b. The vendor shall provide an experienced project implementation manager who performs an assessment and works with the facility team to develop a project timeline and workflow plan.

c. The vendor will provide all-inclusive customer support to include a 24-hours per day, 7-days per week toll-free Help Desk.

3.5 LOCATIONS OF INSTALL

Installation of server needs will be housed at each VISN 22 Pharmacy site. List of sites below:

VA New Mexico Healthcare System 1501 San Pedro DR SE, Albuquerque, NM 87108

VA Long Beach Healthcare System 5901 E. 7th ST, Long Beach, CA 90822

VA Loma Linda Healthcare System 11201 Benton ST, Loma Linda, CA 92357

VA Phoenix Healthcare System 650 East Indian School Road, AZ 85012

VA Phoenix Outpatient Clinic 400 N 32nd St, Phoenix, AZ 85008

VA Northern Arizona Healthcare System 500 N. State Route 89, Prescott, AZ 86313

VA Medical Center San Diego 3350 La Jolla Village DR, San Diego, CA 92161

VA Southern Arizona Healthcare System 3601 S 6th ST, Tucson, AZ 85723

VA Greater Los Angeles Healthcare System 11301 Wilshire BLVD, Los Angeles, CA 90073

VA Los Angeles Ambulatory Care Center 351 E. Temple ST, Los Angeles, CA 90012

VA Sepulveda Ambulatory Care Center 16111 Plummer ST BLDG 200, Room 1200, North Hills, CA 91343

(END STATEMENT OF WORK )

SECTION C - CONTRACT CLAUSES

C.1 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (NOV 2021)

(a) Definitions. As used in this clause—Covered article means any hardware, software, or service that—

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

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

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

Covered entity means—

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

(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.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115–91) prohibits Government use of any covered article. The Contractor is prohibited from—

(1) Providing any covered article that the Government will use on or after October 1, 2018; and

(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement. (1) In the event the Contractor identifies a covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:

(i) Within 1 business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts including subcontracts for the acquisition of commercial products or commercial services.

(End of Clause)

C.2 52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)

(a) Definitions. As used in this clause— 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.

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.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117–328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M–23–13, dated February 27, 2023, ‘‘No TikTok on Government Devices’’ Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using 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; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M–23–13.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services.

(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)

C.4 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from March 01, 2025, through February 28, 2030.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor’s email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of Clause)

C.5 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $500.00 , the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $3,000.000.00.

(2) Any order for a combination of items in excess of $3,000.000.00; or

(3) A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.6 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after February 28, 2030 .

(End of Clause)

C.7 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 10 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed .

(End of Clause)

C.8 52.225-1 BUY AMERICAN—SUPPLIES (OCT 2022)

(a) Definitions. As used in this clause— Commercially available off-the-shelf (COTS) item—(1) Means any item of supply (including construction material) that is—

(i) A commercial product (as defined in paragraph (1) of the definition of ‘‘commercial product’’ at Federal Acquisition Regulation (FAR) 2.101;

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

Component means an article, material, or supply incorporated directly into an end product.

Cost of components means—

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the end product.

Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain. The list of critical components is at FAR 25.105.

Domestic end product means—

(1) For an end product that does not consist wholly or predominantly of iron or steel or a combination of both—

(i) An unmanufactured end product mined or produced in the United States;

(ii) An end product manufactured in the United States, if—

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029. Components of foreign origin of the same class or kind as those that the agency determines are not mined, produced, or manufactured in sufficient and reasonably available commercial quantities of a satisfactory quality are treated as domestic. Components of unknown origin are treated as foreign. Scrap generated, collected, and prepared for processing in the United States is considered domestic; or

(B) The end product is a COTS item; or

(2) For an end product that consists wholly or predominantly of iron or steel or a combination of both, an end product manufactured in the United States, if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all the components used in the end product.