36C26226Q0858_1.docx

36C26226Q0858

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

664-26-4-4072-0026

05-26-2026 Oliveros, Victor 818-632-4370 06-08-2026 15:00

PDT

36C262

NCO 22

Department of Veterans Affairs NCO 22 - Gilbert Network Contracting 335 East Germann Road Gilbert AZ 85297

X

334310 750 Employees

NET 30

N/A

36C664 VA San Diego Healthcare System

3350 La Jolla Village Dr San Diego CA 92161 36C262

NCO 22

Department of Veterans Affairs NCO 22 - Gilbert Network Contracting 335 East Germann Road Gilbert AZ 85297

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

https://www.tungsten-network.com Tungsten support: 1-877-489-6135 1-877-489-6135

See CONTINUATION Page This RFQ is a brand name or equal requirement for Avigilon Equipment. Reference SOW for details.

All qoutes shall be sent to victor.oliveros@va.gov All quotes must be received by 6/8/2026 15:00 PT

Offeror must be an authorized dealer, authorized distributor or authorized reseller for the proposed Brand name or equal the time quotes are due. Offeror must submit, WITH ITS QUOTE an authorization letter or other documents from the OEM demonstrating its “authorized” status that is dated no more 90 days prior to the date established in this solicitation as the “Submission of Offers” deadline. Offers without authorized distributor letter will not be considered for award.

The Small Business Administration's nonmanufacturer rule waiver guidelines, hereby a waiver to allow NAICS 334310 to fulfill this contract has been granted.

See CONTINUATION Page 664-3660152-4072-840700-2580 010044175

Anthony Dela Cruz

VA-VHA-RPOW-2024-0101

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 victor.oliveros@va.gov

NCO 22

Department of Veterans Affairs NCO 22 - Gilbert Network Contracting 335 East Germann Road Gilbert AZ 85297

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 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 STATEMENT OF WORK

Project Title: Parking Structure 1 and 2 Avigilon CCTV Upgrade

Background:

The Jennifer Moreno Medical Center is part of the VSIN 22 Desert Pacific Healthcare Network and more specifically falls under VA San Diego Healthcare System (VASDHS) which is one of the most diversified tertiary health care providers within the VA. It is a teaching hospital, providing a full range of patient services, with state-of-the-art technology as well as education and research. The parking structure CCTV system needs to be upgraded due to blind spots and functioning issues that pose safety concerns for patients, staff, and visitors. Any upgrades, replacements or additional components to the system must be cohesive with the current Avigilon CCTV system currently in place and located at the main facility, the Jennifer Moreno Department VA Medical Center, to ensure continuity across all VASDHS facilities.

Scope:

Upgrade Jennifer Moreno Parking Structure 1 and 2 Avigilon CCTV system.

This is a contract for the installation, removal, relocation, accurate camera location naming in software, and certification of IP security surveillance cameras and network video recorders (NVRs) in locations identified by VA San Diego. Installation includes connection of required power, connection to specified switches, connection to identified NVRs, license allocation, and required cabling. All installations will be conducted in accordance with manufacturer specifications, applicable VA Technical Information Library (TIL) guidelines, and any necessary system configurations required for operation. All camera network video and camera configurations to connect to the VA network.

The Contractor shall utilize Avigilon-brand equipment for surveillance camera and NVR installation, specifically due to its compatibility and seamless integration with the existing VA San Diego security infrastructure. As part of this project, the Contractor shall install and replace surveillance equipment as follows: replacement of 15 existing cameras and installation of 12 new cameras, for a total of (21) Avigilon 360 Degree 32MP (H5A) Cameras with IR Rings at new and existing locations; (3) Avigilon PTZ 36x 8MP (H5A) Cameras at existing PTZ locations; (3) Avigilon License Plate Recognition (LPR) Cameras at new locations; and (1) Avigilon NVR6 Premium 360TB Network Video Recorder. The Contractor shall also provide and activate (24) Avigilon Enterprise Licenses and (3) Avigilon License Plate Recognition Licenses for new and replaced devices.

Equipment to be installed includes the above referenced IP security surveillance cameras and NVRs. All additional equipment, necessary labor, supervision, and materials required to complete the project will be the Contractor's responsibility to procure. All existing equipment that has been identified for removal will be returned to the VA San Diego Police Service. Once a work request is placed by VA San Diego, the vendor has 90 business days to complete the request.

As part of this contract, the Contractor shall complete the installation, replacement, and relocation of IP surveillance cameras in Parking Garage 1 (P1) and Parking Garage 2 (P2), in accordance with the following details:

Parking Garage 1 (P1):

· Level B2B:

Existing: LPR, 360

· Level B2A:

Existing: 360 Install: dual, 360, 360, dual

· Level BC:

Existing: 360 Install: 360

· Level BA:

Replace: 360 Install: LPR

· Level A1:

Replace: 360 Install: 360

· Level 1B:

Replace: 360

· Level 1C:

Install: 360

· Level 1A:

Replace: 360

· Outdoor Level:

Replace: 360, 360

Parking Garage 2 (P2):

· Level B2F/E:

Replace: LPR x1, 360, 360 Install: 360, 360, dual

· Level BD:

Replace: 360 Install: 360, 360

· Level BF1:

Replace: 360, 360, 360 Install: 360, possible addition of PTZ (stair1, 2nd floor south)

· Outdoor Level:

Replace: 360, 360

In total, this project includes the replacement of 15 existing cameras and installation of 12 new cameras within P1 and P2 as detailed above. The Contractor shall ensure accurate location naming for all new and replaced cameras within the management software. All equipment installation shall include power, network, and licensing as required for full integration with the VA San Diego’s existing surveillance infrastructure.

Specific Tasks:

1. The Contractor shall conduct site preparation to include setting up barriers for any breach of walls and ceiling barriers at any location where dust generation activities may occur due to the installation of security cameras.

2. The Contractor shall install all devices, cables, and system accessories per the manufacturer's specifications.

3. The Contractor shall perform any configurations to the system, if necessary, to ensure the camera functions as intended upon request by police.

a. Police will review installed cameras, configurations, and functions, prior to signing off by Police Service.

b. If an issue with an installed camera arises, contractor shall address the issue within 7 calendar days.

4. The security system shall be installed and tested to ensure all components are fully compatible as a system and can be integrated with all associated security subsystems.

5. The Contractor is responsible for the camera location naming conventions according to Police Service specifications.

a. example: Parking Garage 2- 2nd Level, Area 2B, Northeast.

b. Current naming of installed cameras to remain the same for replaced cameras.

c. Camera names will be reviewed and signed off by police service.

6. Provide a pre-installation and as-build design package in electronic format; drawing submittals shall be per the established project schedule.

7. The Contractor shall implement and maintain infection control measures for the duration of the project, including site construction barriers, and negative pressure measures. Construction barriers shall be in accordance with VASDHS Infection Control Risk Assessment.

8. The Contractor is responsible for providing all tools and equipment necessary for installation.

9. Upon completion of work, the Contractor shall leave the worksite in a clean and orderly condition.

10. The Contractor must provide a work plan before the installation of the new security cameras. The plan should identify infection prevention control measures and the proposed sequence of work.

11. The Contractor shall follow the Technical Information Library for all work performed.

12. Exterior Mounts:

a. This enclosure and mount shall be installed on an exterior roof via arm mounts.

13. Wires and cables installed will be carried in an enclosed conduit system. All conduits will be sized and installed per the NEC. All conduit, pull boxes, and junction boxes shall be clearly marked with a colored permanent tape of paint that will allow it to be distinguished from all other conduits and infrastructure.

14. At all locations where wall penetration or core drilling is conducted to allow for the conduit to be installed, fire-stopping materials shall be applied to that area.

15. Validation of equipment functionality shall be completed with Physical Security Specialists, HTM and the vendor present. Validation plan should include the following steps:

a. Excel Camera Status Checklist should include the following columns for camera status:

i. Camera Location

ii. Is the camera Installed?

iii. Is the camera visible in Avigilon? (Y/N) To be verified by Physical Security and HTM.

iv. Is the camera recording in Avigilon? (Y/N) To be verified by Physical Security and HTM.

Deliverable:

1. Shop drawing of the new system (cable run and equipment location within the designated areas) prior to the start of installation. The contractor will have a meeting with the COR, Physical Security Specialists and HTM, to review the shop drawings and system layout prior to the start of work.

2. The contractor must provide a project schedule within 7 calendar days of starting work.

a. Excel spread sheet schedule should be emailed to the POCs identified when contract is awarded.

b. Shared drive documents will not be accepted.

3. The contractor must provide a work plan prior to the installation of the new security cameras. The plan should identify infection prevention control measures and the proposed sequence of work.

4. The contractor will provide As Build drawings of the installation in full-size drawings and electronic format in AUTOCAD and PDF format at the end of the project.

5. Training for users/ O&M manual one hardcopy and two CDs.

6. Project status completions should be communicated to the COR, Physical Security Specialists and HTM on a weekly basis and upon request.

a. Status completions should include date of completion, SOW completed, and not completed.

7. Contractor will provide MAC addresses to HTM at least 7 calendar days prior to needed date.

Safety:

1. Contractors shall comply with all applicable federal, state, and local requirements regarding workers’ health and safety. The requirements include, but are not limited to, those found in federal and state Occupational Safety and Health Act (OSHA) statutes and regulations.

2. In the performance of this contract, the contractor shall take such safety precautions as necessary while operating in the construction area. Construction shall provide all necessary tools, equipment, labels, and Personal Protective Equipment to perform the work safely, effectively, and timely.

3. Work may be conducted in areas identified as containing asbestos materials. The contractor shall therefore comply with the public laws and statutes including all changes and amendments to federal, state, and local environmental statutes and regulations governing asbestos-containing materials (ACM).

4. Contractor shall be licensed, qualified, and certified to meet all EPA regulations under National Emission Standards for Hazardous Air pollutants-NESHAPS and all applicable federal, state, and local regulations.

5. VASDHS La Jolla facility is Federal property. The contractor shall coordinate with the facility Engineering Service if warranted for access in restricted spaces of any required support in the performance of this work. The designated COR shall coordinate the request.

All installations will be in accordance with manufacturer specifications, applicable VA Technical Information Library (TIL) guidelines, and any system configuration necessary for operation. All additional equipment, necessary labor, supervision, and material required to complete the project will be the responsibility of the contractor to procure. Once installation and configuration are complete two one-hour training sessions will be conducted on the HDVA operation. All existing equipment that has been identified for removal will be returned to the VA San Diego Police Service.

Inspection and Acceptance Criteria:

The COR may conduct an inspection of the work performed by the Contractor without the presence of the Contractor and determine whether it is within the standard expressed in this scope of work. It is the VA’s prerogative to hire an independent qualified third party to check the validity of the work performed.

Place of Performance:

Jennifer Moreno Medical Center: 3350 La Jolla Village Dr., San Diego, CA 92161

Period of Performance: 90 days after receipt of order

4.b. Removal of Equipment: Government property shall not be removed from the station without a signed property pass. This property pass may be obtained after the removal is authorized by the Contracting Officer or COR. If sensitive data is stored on the device, the Facility Information Security Officer must be involved and should approve the process of removing equipment from the government site. Equipment shall not be removed by the Vendor from the government site for minor repairs. The Vendor assumes full responsibility for the equipment while it is off-site or in transit.

4.c. Rules of the Station: Contractor shall comply with all rules of the facility, including security badging, non-smoking and privacy, and reporting to the station POC upon arrival at the facility.

4.d. Smoking Policy. Smoking is strictly prohibited on the grounds of any VHA facility. Per VHA Directive 1085 dated March 5, 2019, it is VHA policy that all VHA health care facilities, including hospitals, community clinics, administrative offices and Vet Centers, will be smoke-free for patients, visitors, contractors, volunteers, and vendors effective October 1, 2019. There will no longer be designated smoking areas.

4.e. Contractor shall obtain a “Contractor I.D. Badge” from the VA police. All Contractor personnel are required to wear I.D Badge during the entire time on VA campus.

4.f. It is the responsibility of the Contractor’s personnel to park in the appropriate designated parking areas. Parking information is available from the individual VA Healthcare System Police Station 4.g. Possession of weapons is prohibited. Enclosed containers, including tool kits, are subject to search. Violations of VA regulations may result in citations answerable in the United States (Federal) District Court.

4.h. Personnel Requirements: Refusal of Contractor’s Personnel: The Government reserves the right to accept or reject Contractor’s staff for the rendering of services. Complaints concerning Contract Personnel performance or conduct shall be dealt with by the Contractor, and/or the station POC with the final decision made by the Contracting Officer.

4.i. Performance Monitoring. The station POC will monitor contractor performance. The station POC will certify the work was done in accordance with the SOW. The station POC will inspect the system once the service has been completed and the system is returned to normal operation. The Contractor shall comply with all applicable regulations and guidelines of the Joint Commission (JC), Occupational Safety and Health Administration (OSHA), California Public Utility Commission and/or any other pertinent federal, state, and local policies relating to the herein mentioned work. All tasks accomplished by the Contractor personnel shall be performed to preclude damage or defacement to patient or Government-owned property, equipment and facilities. The Contractor shall report any damage caused by the Contractor personnel to the COR. The Contractor shall replace items or repair property, equipment or facilities to previous condition, if the Contractor is determined to be at fault for the damage.

4.k. Reporting (During Normal Working Hours); For any repairs or service that will be performed during the normal working hours of 7:00 a.m. through 5:00 p.m., Monday- Friday the Vendor shall check-in with the Police Service and with the COR before proceeding to the job site. Vendor shall also check-out with the COR and Police Service before leaving the job site.

4.k.1. Reporting (During Other than Normal Working Hours). On-site services shall be performed during normal working hours (7:00AM – 5:00PM, Monday – Friday) only. A separate, pre-authorized Purchase Order will be required for on-site services performed during other than normal working hours.

4.k.2. The contractor is not required to provide service on the following National holidays, nor shall the contractor be paid for these holidays. The following national holidays observed by the Federal Government:

If a holiday falls on Sunday, the following Monday shall be observed as the National Holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a National Holiday by U.S. Government agencies. Also included would be any day specifically declared by the President of the United States.

4.l. Changes to contract: Only those services specified herein are authorized. The Contractor is advised that only the Contracting Officer, acting within the scope of the contract has the authority to make changes which affect the contract in terms of quality, quantity, price or delivery. Changes to the contract are not authorized and reimbursement shall not be made for any work services performed outside the scope of this contract, unless prior authorization is obtained in writing from the Contracting Officer.

4.m. Safety 4.m.1. All personnel employed by the Contractor in the performance of this contract, or any representative of the Contractor entering on VA property shall comply with applicable Federal, State, and VA safety and fire regulations and codes, which are in effect during the performance period of the contract.

4.m.2. Contractor shall perform work in strict accordance with existing relevant, accredited standards and codes to minimize the possibility of injury to personnel, or damage to Government equipment. Every effort shall be made to safeguard human life and property.

4.m.3. Contractor shall comply with all applicable Federal, State, and local requirements regarding workers’ health and safety. The requirements include, but are not limited to, those found in Federal and State Occupational Safety and Health Act (OSHA) statutes and regulations, such as applicable provisions of Title 29, Code of Federal Regulations (CFR), Parts 1910 and 1926, NFPA 70E, NFPA 99, Article 130.7 29 CFR 1910.132(d)(1)(iii), 29CFR1910.137 4.m.4. Contractor shall provide all necessary tools, and Personal Protective Equipment (PPE) to perform the work safely, effectively, and timely.

4.m.5. Contractor shall take all precautions necessary to protect persons and property from injury or damage during the performance of this contract. Fire and safety deficiencies, which exist and are part of the responsibility of the Contractor, shall be immediately corrected. If the Contractor fails or refuses to correct deficiencies promptly, the station POC may issue an order stopping all, or any part, of the work. Contractor shall be responsible for any injury to himself/herself, his/her employees, or others, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by him/her or his/her employee’s fault or negligence. Contractor shall maintain personal liability and property damage insurance prescribed by the laws of the Federal Government.

4.m.6. Work may be conducted in areas identified as containing asbestos materials. Contractor shall therefore comply with the public laws and statutes including all changes and amendments of federal, state, and local environmental statutes and regulations governing asbestos containing materials (ACM). Floor plans will be provided to the vendor upon award by the VA Point of Contact (POC).

4.n. Insurance Coverage.

4.n.1. 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 shall be responsible for all damage to property, which may be done by him, or any employee engaged in the performance of this contract.

4.n.2. The Government shall 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.n.3. Within 15 days of the awarded contract, the Contractor shall furnish to the Contracting Officer certification from his/her insurance company indicating that the coverage has been obtained and that it may not be changed or cancelled without guaranteed thirty (30) day notice to the Contracting Officer. New certifications shall be furnished prior to the expiration date.

5. Invoice and Payment: Payment to be made monthly in arrears. The Vendor shall submit original invoices in proper electronic format to the Financial Services Center (FSC).

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Parking Garages 1 & 2 Cameras Upgrade at the Jennifer Moreno VA Medical Center. 1. Replacement of existing cameras: 15 2. Installation of New Cameras: 12 a. (21) Avigilon 360 Degree 32MP (H5A) Cameras with IR Rings will be installed at new and existing locations. b. (03) Avigilon PTZ 36x 8MP (H5A) Cameras will be installed at existing PTZ locations. c. (24) Avigilon Enterprise Licenses. d. (03) Avigilon License Plate Recognition Cameras will be installed at new locations. e. (03) Avigilon License Plate Recognition Licenses. f. (01) Avigilon NVR6 Premium 360TB Network Video Recorder. 3. Cabling: Plenum Rated Category 6A Cabling in EMT conduit and or mettalic Flex will be provided for each new location where new cameras are installed. 4. Design will be based on 27 locations with proper placement at the discretion of the installation company. 5. This procurement assumes that all existing cables for existing cameras are within working condition. It does not include cable replacement or installation for existing camera locations.

PRINCIPAL NAICS CODE: 334310 - Audio and Video Equipment Manufacturing PRODUCT/SERVICE CODE: 5836 - Video Recording and Reproducing Equipment

B.4 DELIVERY SCHEDULE

1.00

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SECTION C - CONTRACT CLAUSES

C.1 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:

C.2 SUPPLEMENTAL INSURANCE REQUIREMENTS

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

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

(b) General Liability: $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.3 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025) (DEVIATION)

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

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

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

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

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

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

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

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

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

Covered telecommunications equipment or services means—

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

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

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

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

Critical technology means—

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

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

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

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

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

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

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

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

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

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

(1) The Secretary of Homeland Security may issue FASCSA orders that apply to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition.