36C26321Q0360.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. DUNS: DUNS+4:

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. 2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 59

437-21-2-5775-0003

36C26321Q0360 04-14-2021

David Malm 701-239-3700 ext 4596 04-21-2021

5:00PM CDT

04-S

DEPARTMENT OF VETERANS AFFAIRS

NETWORK 23 CONTRACTING OFFICE

1303 5th St, STE 300

CORALVILLE IA 52241

X 100

X

Y

334220

750 Employees

N/A

X

DEPARTMENT OF VETERANS AFFAIRS

FARGO VA HEALTH CARE SYSTEM (HCS)

2101 North Elm Street

Fargo, ND 58102

04-S

DEPARTMENT OF VETERANS AFFAIRS

NETWORK 23 CONTRACTING OFFICE

1303 5th St, STE 300

CORALVILLE IA 52241

Y

DEPARTMENT OF VETERANS AFFAIRS

FINANCIAL SERVICES CENTER

FMS-VA-2 (101)

P.O. BOX 149971

AUSTIN TX 78714-9971

877-353-9791 512-460-5540

X

See CONTINUATION Page

All Band Police Radios - Brand Name or Equal (BNOE) to

Motorola APX Next All Band P25

See Price/Cost Schedule for Details.

This is a Brand Name or Equal (BNOE) to solicitation.

Failure to demonstrate this may result in your offer being found non-responsive.

This solicitation is being conducted by the VISN 23

Contracting Office for the Fargo VA Health Care

System (HCS).

This solicitation is LPTA.

This solicitation is a Small Business set aside

This solicitation uses FAR 13.1 procudures.

SIGN SF1449 AND RETURN ALL PAGES WITH OFFER SUBMISSION

DELIVERY AND INSTALL NEEDED 60 DAYS ARO.

See CONTINUATION Page

437-3610152-5775-840700-3151-437-A1XXXX-010034175

X X

X 1

Joshua Imdacha

Contracting Officer

36C26321Q0360

Table of Contents

SECTION A

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

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 FUNCTIONAL/PERFORMANCE/SPECIFICATION

B.3 PRICE/COST SCHEDULE

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT

2018)

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

C.3 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2020)

C.4 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.5 VAAR 852.212-72 GRAY MARKET AND COUNTERFEIT ITEMS (MAR 2020) ... 23

C.6 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JUN 2020)34

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

E.4 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (FEB 2021)

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: TBD

b. GOVERNMENT: Contracting Officer 36C263

DEPARTMENT OF VETERANS AFFAIRS

NETWORK 23 CONTRACTING OFFICE

1303 5th St, STE 300

CORALVILLE IA 52241

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

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] AFTER RECEIPT, UPON ACCEPTANCE

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

FMS-VA-2 (101)

P.O. BOX 149971

AUSTIN TX 78714-9971

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

AMENDMENT NO DATE

B.2 FUNCTIONAL/PERFORMANCE/SPECIFICATION

The purpose of this procurement is to procure all-purpose and interoperable radios for VA Police for use in operations in support of the VA’s mission and to ensure the safety and security of the VA Police, hospital staff, and its Veteran patients. The required radios must allow the Fargo VA HCS Police to interoperate with local county police, fire, and EMS. These radios will serve as a two-way conduit between officers in the field and dispatch at VAMC Fargo. It will also serve as a means for a centralized leadership during contingency operations for natural disasters, symmetric and asymmetric events against facilities and local disaster assistance.

- The Contractor shall deliver and install all items listed below:

- All items must meet all salient characteristics defined below:

- Installation must meet manufacturer specifications.

- The Contractor shall furnish all personnel, supplies, and equipment required for delivery and installation.

General Equipment Name: All Band P25 Portable Radio - Brand Name or Equal (BNOE) to Motorola APX Next All Band P25 Portable Radio

Description & Salient Characteristics:

All Band Portable/Mobile Radios and Accessories Brand Name or Equal to Motorola APX Next All Band P25 Radio

Minimum Required Specifications/Salient Characteristics:

Radio Dimensions (Not to exceed):

• H 5.4” x W 2.5”x D 1.7”

• Weight: 18.5 oz

• Operation Modes:

o Digital Trunking: 9600 Baud APCO P25 Phase 1 FDMA and

Phase 2 TOMA or equivalent o Digital Conventional: APCO 25 or equivalent o Analog Trunking: 3600 Baud SmartNet, SmartZone, Omnilink or equivalent o Analog Conventional: MDC 1200 or equivalent o ASTRO® 25 Integrated Voice and Data or equivalent o SmartConnect Multi-net Connectivity or eqivalent

• Must Include Additional Connectivity Features:

o LTE (FirstNet®, Verizon, & Bell Mobility - certif ied) o WiFi (802.11 a/b/g/n/ac). 2.4 and 5 GHz Bands o Bluetooth (Version 5.0) o NFC (Near-Field Communications)

• Required Security Features:

o Single-key ADP Encryption o P25 Authentication o Over-The-Air Rekeying (OTAR) o Over-The-Air Key Loading o 256-bit AES

▪ FIPS 140-2 Level 3 security certif ied

• Required Frequency Bands:

o Must include All-band: Simultaneous Operation in VHF, UHF

Range 1, UHF Range 2, 700 and 800 MHz Bands o Multi-band o Up to 3000 Channels and up to 125 Zones

• Must Include Location Tracking:

o Location Tracking: Built-in GNSS (GPS and GLONASS) o Smart-Locate and Indoor Positioning

• Required Ingress Protection:

o IP6x Dust, IPx8 Submersion (2m for up to 4hrs)

• Minimum Required Audio Features:

o Adaptive Noise Suppression Intensity o 2 Internal Digital Microphones o 3 W Speaker with Adaptive Equalization o IMPRES™ Audio Accessory Compatibility

• Minimum Messaging:

o Text, o freeform, and canned messages o Smart Messaging

• User Interface:

o 3.6” Mission-critical Touchscreen: 800x480 TFT, 24-bit full color trans-reflective display, 1mm toughened glass lens, usable with gloves up to 4mm thick or equivalent

• 16-position Channel Selector

• Angled Power/Volume Knob

• 3 programmable side buttons

• Customizable Voice Announcements

• Standard 4400 mAh Battery

NOTE - THIS IS A BRAND NAME OR EQUAL TO SOLICITATION – Manufacturer make, and model listed below are for reference purposes only. Offerors may propose alternate items aimed at achieving the objectives described above. Vendors are not restricted to matching the items directly. Offerors of equal products shall include equipment brochures which clearly define the equal product, or offer will not be considered.

Required Individual Line Items & Quantity of Items that are Brand Name or Equal

(BNOE) to Motorola

CLIN0001 - All Band P25 Portable Radio Brand Name or Equal (BNOE) to Motorola APX

NEXT ALL BAND

PORTABLE MODEL 4.5 (H55TGT9PW8 N) – Qty 22 ea.

o SINGLE UNIT PACKING - Brand Name or Equal (BNOE) to Motorola (H853) o AUDIO ACCESSORY-REMOTE SPEAKER MICROPHONE, XV REMOTE

SPEAKER MICROPHONE - Brand Name or Equal (BNOE) to Motorola -

PMMN4123

o SUBMERSIBLE {DELTA T}- Brand Name or Equal (BNOE) to Motorola -

BD00001

o SMARTZONE OPERATION- Brand Name or Equal (BNOE) to Motorola - H38 o ASTRO DIGITAL CAI OPERATION- Brand Name or Equal (BNOE) to Motorola -

Q806 o BAUD TRUNKING - Brand Name or Equal (BNOE) to Motorola - Q361 P25 9600 o VIQI VC RADIO OPERATION - Brand Name or Equal (BNOE) to Motorola -

QA09028

o ENHANCED DATA- Brand Name or Equal (BNOE) to Motorola - QA03399 o MULTICAST VOTING SCAN- Brand Name or Equal (BNOE) to Motorola - Q387 o TDMA OPERATION- Brand Name or Equal (BNOE) to Motorola - QA00580 o WIFI CAPABILITY- Brand Name or Equal (BNOE) to Motorola - QA09001 o SECURITY BUNDLE- Brand Name or Equal (BNOE) to Motorola - BD0010 o LINK LAYER AUTHENTICATION- Brand Name or Equal (BNOE) to Motorola -

QA01757 P25

o 25 OTAR W/ MULTIKEY- Brand Name or Equal (BNOE) to Motorola - Q498

ASTRO

o DVP-XL ENCRYPTION AND ADP- Brand Name or Equal (BNOE) to Motorola -

H797 o AES /DES-XL/DES-OFB ENCRYPTION AND ADP- Brand Name or Equal

(BNOE) to Motorola - Q15 o HOSTED RADIO CENTRAL- Brand Name or Equal (BNOE) to Motorola -

QA09030

o DMS BUNDLE - Brand Name or Equal (BNOE) to Motorola - APX NEXT- H637 o APPLICATION BUNDLE - Brand Name or Equal (BNOE) to Motorola - APX

NEXT -H636

o SMART LOCATE MAPPING TRIAL - Brand Name or Equal (BNOE) to Motorola -

H638

CLIN0002 - SMART LOCATE MAPPING 12 Months - Brand Name or Equal (BNOE) to Motorola - SSV01P01685B

– Qty – 22 ea.

CLIN0003 - DMS ADVANCED SERVICE- 12 MONTHS- Brand Name or Equal (BNOE) to Motorola - APX NEXT – LSV01P01414A – Qty 22 ea.

CLIN0004 - DMS SMART INSIGHT DIAGNSTC-12 MONTHS- Brand Name or Equal (BNOE) to Motorola – LSV01P01903A – Qty 22 ea.

CLIN0005 - DMS SMART INSIGHTUSAGE- 12 MONTHS- Brand Name or Equal (BNOE) to Motorola - APX NEXT LSV01P01904A – Qty 22 ea.

CLIN0006 - DMS SMART INSIGHT BATTERY-12 MONTHS- Brand Name or Equal (BNOE) to Motorola - APX NEXT – LSV01P01905A – Qty 22 ea.

CLIN0007 - SMART PROG-12 MONTHS - Brand Name or Equal (BNOE) to Motorola - APX

NEXT -

SSV01P01407B – Qty 22 ea.

CLIN0008 - SMART LOCATE – 12 MONTHS - Brand Name or Equal (BNOE) to Motorola - APX

NEXT –

SSV01P01476A – Qty 22 ea.

CLIN0009 - SMART MAPPING – 12 MONTHS - Brand Name or Equal (BNOE) to Motorola- Brand Name or Equal (BNOE) to Motorola - APX NEXT - SSV01P01902A – Qty 22 ea.

CLIN0010 - SMART MESSAGING- 12 MONTHS - Brand Name or Equal (BNOE) to Motorola -

APX NEXT

SSV01P01901A – 22 ea.

CLIN0011 - IMPRES 2 SUC, 3.0A, 120VAC TYPE A PLUG, NA- Brand Name or Equal (BNOE) to Motorola –

NNTN9199A – 22 ea.

CLIN0012 - DEVICE MISC SERVICES - Brand Name or Equal (BNOE) to Motorola - APX

NEXT LSV00Q01074A –

Qty 1 ea.

CLIN0013 - DEVICE PROGRAMMING - Brand Name or Equal (BNOE) to Motorola - APX

NEXT - LSV00Q00202A –

Qty 22 ea.

CLIN0014 - ALL BAND MP MOBILE RADIO- Brand Name or Equal (BNOE) to Motorola

APX8500

M37TSS9PW1 N -Qty 1 o AES/DES-XL/DES-OFB ENCRYP APX AND ADP - Brand Name or Equal (BNOE) to Motorola - G851 o OUT OF THE BOX WIFI PROVISIONING- Brand Name or Equal (BNOE) to Motorola - GA09007 o SPKR 7.5W WTR RST - Brand Name or Equal (BNOE) to Motorola - APEX G832 o WIFI/GNSS STUBBY ANTENNA LMR240- Brand Name or Equal (BNOE) to Motorola - GA00250 o TDMA OPERATION- Brand Name or Equal (BNOE) to Motorola - GA00580 o ALL BAND MOBILE ANTENNA 7/8/V/U- Brand Name or Equal (BNOE) to

Motorola - GA01513 o SMARTZONE- Brand Name or Equal (BNOE) to Motorola - G51 o WIFI CAPABILITY- Brand Name or Equal (BNOE) to Motorola - GA09001 o CONTROL HEAD SOFWARE- Brand Name or Equal (BNOE) to Motorola – APX

G444 o REMOTE MOUNT E5 MP- Brand Name or Equal (BNOE) to Motorola - G67 o NO J600 ADAPTER CABLE NEEDED – Brand Name or Equal (BNOE) to

Motorola -GA01517 o ASTRO DIGITAL CAI OPERATION APX- Brand Name or Equal (BNOE) to

Motorola - G806 o RADIO AUTHENTICATION- Brand Name or Equal (BNOE) to Motorola -

GA01767

o CONTROL HEAD- Brand Name or Equal (BNOE) to Motorola - APX E5 -

GA01670

o STD PALM MICROPHONE APX- Brand Name or Equal (BNOE) to Motorola -

W22 o MULTIKEY OPERATION- Brand Name or Equal (BNOE) to Motorola - W969 o P25 TRUNKING SOFTWARE - Brand Name or Equal (BNOE) to Motorola - APX

G361 o 3 YEAR ESSENTIAL SERVICE - Brand Name or Equal (BNOE) to Motorola -

APX 8500 G78

CLIN0015 - DEVICE MISC SERVICES - Brand Name or Equal (BNOE) to Motorola -APX 8500-

LSV00Q01074A –

Qty 1 ea.

CLIN0016 - DEVICE PROGRAMMING - Brand Name or Equal (BNOE) to Motorola - APX 8500

LSV00Q00202A

Qty 1 ea.

CLIN0017 - DEVICE INSTALLATION - Brand Name or Equal (BNOE) to Motorola - APX 8500 -

LSV00Q00203A

Qty 1 ea.

CLIN0018 - ALL BAND CONSOLETTE RADIO- Brand Name or Equal (BNOE) to Motorola – L37TSS9PW1 N – Qty 2 ea.

o WI-FI CAPABILITY CONSOLOETTE - Brand Name or Equal (BNOE) to Motorola

GA09001

o AES/DES-XL/DES-OFB ENCRYP APX AND ADP- Brand Name or Equal (BNOE) to Motorola - G851 o OUT OF THE BOX WIFI PROVISIONING - Brand Name or Equal (BNOE) to Motorola - GA09007 o TDMA OPERATIONS- Brand Name or Equal (BNOE) to Motorola - GA00580 o AC LINE CORD US- Brand Name or Equal (BNOE) to Motorola - CA01598 o SMARTZONE- Brand Name or Equal (BNOE) to Motorola - G51 o FULL FP W/E5/KEYPAD/CLOCK/VU- Brand Name or Equal (BNOE) to Motorola

- L999 o CONTROL HEAD SOFTWARE- Brand Name or Equal (BNOE) to Motorola -

G444 o ASTRO DIGITAL CAI OP - Brand Name or Equal (BNOE) to Motorola - G806 o RADIO AUTHENTICATION- Brand Name or Equal (BNOE) to Motorola -

GA01767

o MULTIKEY OPERATION- Brand Name or Equal (BNOE) to Motorola - W969 o CONTROL STATION DESK GCAI MIC- Brand Name or Equal (BNOE) to

Motorola - W382 o P25 TRUNKING SOFTWARE APX - Brand Name or Equal (BNOE) to Motorola -

G361 o 3 YEAR ESSENTIAL SERVICE FOR CONSOLETTE- Brand Name or Equal

(BNOE) to Motorola - G78

CLIN0019 - DEVICE MISC SERVICES FOR CONSOLLETTE- Brand Name or Equal (BNOE) to Motorola – LSV00Q01074A –Qty 1 ea.

CLIN0020 - DEVICE PROGRAMMING FOR CONSOLLETTE – Brand Name or Equal (BNOE) to Motorola – LSV00Q00202A – Qty 2 ea.

CLIN0021 - DEVICE INSTALLATION FOR CONSOLLETTE- Brand Name or Equal (BNOE) to Motorola- LSV00Q00203A – Qty 1 ea.

New Equipment ONLY; NO remanufactured or "gray market" items.

Authorized dealers: Only firms who are authorized dealers will be considered in addition to the original equipment manufacturer. A letter from the manufacturer stating your company is an authorized dealer for the line items must be in possession by the due date and be available for submission .

All items must be covered by the manufacturer's warranty.

Include any shipping costs as part of the item cost.

Responses shall be on an all or none basis, no partial submission.

This is a small business (SB) set-aside solicitation.

The required delivery and installation is 60 days ARO, FOB Destination, to the

Department of Veterans Affairs Fargo VA Health Care System (HCS)

2101 North Elm Street

Fargo, ND 51802

The Government reserves the right to make no award at all.

Please submit information to David Malm at david.malm@va.gov

All responses must be received by Wednesday 04/21/2021 NLT 5:00 PM CST

B.3 PRICE/COST SCHEDULE

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

22.00 EA _________ ________

All Band P25 Portable Radio

0001AA

22.00 EA _________ _______

SINGLE UNIT PACKING

0001AB

22.00 EA _______ ________

AUDIO ACCESSORY-REMOTE SPEAKER MICROPHONE

0001AC

SUBMERSIBLE {DELTA T}

0001AD

22.00 EA ________ _________

SMARTZONE OPERATION

0001AE

22.00 EA ________ ________

ASTRO DIGITAL CAI OPERATION

0001AF

22.00 EA _________ _________

BAUD TRUNKING

0001AG

22.00 EA ________ ________

VIQI VC RADIO OPERATION

0001AH

ENHANCED DATA

mailto:david.malm@va.gov

0001AJ

22.00 EA __________ _________

MULTICAST VOTING SCAN

0001AK

TDMA OPERATION

0001AL

22.00 EA ________ __________

WIFI CAPABILITY

0001AM

SECURITY BUNDLE

0001AN

LINK LAYER AUTHENTICATION

0001AP

25 OTAR W/ MULTIKEY

0001AQ

22.00 EA __________ ___________

DVP-XL ENCRYPTION AND ADP

0001AR

22.00 EA ___________ ___________

AES /DES-XL/DES-OFB ENCRYPTION AND ADP

0001AS

HOSTED RADIO CENTRAL

0001AT

22.00 EA __________ __________

DMS BUNDLE

0001AU

22.00 EA _________ __________

APPLICATION BUNDLE

0001AV

22.00 EA _________ ____________

SMART LOCATE MAPPING TRIAL

SMART LOCATE MAPPING 12 MONTHS (All Band P25

Portable Radio)

DMS ADVANCED SERVICE- 12 MONTHS (All Band P25

22.00 EA _________ __________

DMS SMART INSIGHT DIAGNSTC-12 MONTHS (All Band P25

DMS SMART INSIGHTUSAGE- 12 MONTHS (All Band P25

DMS SMART INSIGHT BATTERY-12 MONTHS (All Band P25

SMART PROG-12 MONTHS (All Band P25 Portable Radio)

SMART LOCATE – 12 MONTHS - (All Band P25 Portable

Radio)

SMART MAPPING – 12 MONTHS - (All Band P25 Portable

22.00 EA _________ ___________

SMART MESSAGING- 12 MONTHS (All Band P25 Portable

IMPRES 2 SUC, 3.0A, 120VAC TYPE A PLUG, NA- (All Band

P25 Portable Radio)

1.00 EA ___________ ____________

DEVICE MISC SERVICES - (All Band P25 Portable Radio)

22.00 EA __________ ____________

DEVICE PROGRAMMING (All Band P25 Portable Radio)

1.00 ea __________ _________

ALL BAND MP MOBILE RADIO

0014AA

1.00 ea _________ ___________

AES/DES-XL/DES-OFB ENCRYP APX AND ADP

0014AB

1.00 ea _________ __________

OUT OF THE BOX WIFI PROVISIONING-

0014AC

SPKR 7.5W WTR RST

0014AD

WIFI/GNSS STUBBY ANTENNA LMR240

0014AE

TDMA OPERATION

0014AF

ALL BAND MOBILE ANTENNA 7/8/V/U

0014AG

1.00 ea __________ __________

SMARTZONE

0014AH

1.00 ea _________ ___________

WIFI CAPABILITY

0014AJ

CONTROL HEAD SOFWARE

0014AK

1.00 ea ________ _________

REMOTE MOUNT E5 MP

0014AL

ASTRO DIGITAL CAI OPERATION

0014AM

1.00 ea ________ __________

RADIO AUTHENTICATION

0014AN

CONTROL HEAD

0014AP

1.00 ea ________ ________

CONTROL HEAD

0014AQ

1.00 ea _________ ________

MULTIKEY OPERATION

0014AR

1.00 ea _________ _________

P25 TRUNKING SOFTWARE

0014AS

1.00 ea _________ ________

3 YEAR ESSENTIAL SERVICE

0014AT

1.00 ea _______ _________

ALL BAND MP MOBILE

1.00 ea __________ __________

DEVICE MISC SERVICES - ALL BAND MP MOBILE

1.00 EA __________ __________

DEVICE PROGRAMMING - ALL BAND MP MOBILE

1.00 EA ___________ ___________

DEVICE INSTALLATION - ALL BAND MP MOBILE

2.00 EA _________ ___________

ALL BAND CONSOLETTE RADIO

0018AA

2.00 EA _________ __________

WI-FI CAPABILITY CONSOLOETTE

0018AB

2.00 EA _________ __________

AES/DES-XL/DES-OFB ENCRYP APX AND ADP

0018AC

2.00 EA __________ _________

OUT OF THE BOX WIFI PROVISIONING

0018AD

2.00 EA ________ __________

TDMA OPERATIONS

0018AE

2.00 EA ________ ____________

AC LINE CORD US

0018AF

2.00 EA _________ _________

SMARTZONE

0018AG

2.00 EA _________ ________

FULL FP W/E5/KEYPAD/CLOCK/VU

0018AH

CONTROL HEAD SOFTWARE

0018AJ

SMARTZONE OPERATION

0018AK

ASTRO DIGITAL CAI OP

0018AL

2.00 EA __________ _________

RADIO AUTHENTICATION

0018AM

MULTIKEY OPERATION

0018AN

2.00 EA ________ ________

CONTROL STATION DESK GCAI MIC

0018AP

P25 TRUNKING SOFTWARE

0018AQ

2.00 EA __________ ___________

3 YEAR ESSENTIAL SERVICE FOR CONSOLETTE

1.00 EA _________ _________

DEVICE MISC SERVICES FOR CONSOLLETTE

2.00 EA __________ __________

DEVICE PROGRAMMING FOR CONSOLLETTE

1.00 EA __________ __________

DEVICE INSTALLATION FOR CONSOLLETTE

GRAND TOTAL __________

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS (OCT 2018)

(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 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, f ires, 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 Identif ication 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 notif ied 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 applicab le 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 32.608-2 of the Federal Acquisition Regulation 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; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 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 certif ications, 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

ITEMS

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 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

FAR

Number

Title Date

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

DEC 2013

C.3 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV

2020)

(a) Definition. Small business concern, as used in this clause—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualif ied as a small business under the size standards in this solicitation.

(2) Affiliates, as used in paragraph (a)(1) of this clause, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership , common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) Applicability. This clause applies only to—

(1) Contracts that have been totally set aside for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) General.

(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

C.4 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting

Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[X] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.]

[] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business

Evaluation Factors.

[] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price

Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small

Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[] 852.233–70, Protest Content/Alternative Dispute Resolution.

[] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[X] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause)

C.5 VAAR 852.212-72 GRAY MARKET AND COUNTERFEIT ITEMS (MAR

2020)

(a) No used, refurbished, or remanufactured supplies or equipment/parts shall be provided.

This procurement is for new Original Equipment Manufacturer (OEM) items only. No gray market items shall be provided. Gray market items are OEM goods intentionally or unintentionally sold outside an authorized sales territory or sold by non-authorized dealers in an authorized sales territory.

(b) No counterfeit supplies or equipment/parts shall be provided. Counterfeit items include unlawful or unauthorized reproductions, substitutions, or alterations that have been mismarked, misidentif ied, or otherwise misrepresented to be an authentic, unmodified item from the original manufacturer, or a source with the express written authority of the original manufacturer or current design activity, including an authorized aftermarket manufacturer. Unlawful or unauthorized substitutions include used items represented as new, or the false identification of grade, serial number, lot number, date code, or performance characteristics.

(c) Vendor shall be an OEM, authorized dealer, authorized distributor or authorized reseller for the proposed equipment/system, verified by an authorization letter or other documents from the

OEM. All software licensing, warranty and service associated with the equipment/system shall be in accordance with the OEM terms and conditions.

C.6 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT

The Contracting Officer reserves the right to designate an Administrative Contracting Officer

(ACO) for the purpose of performing certain tasks/duties in the administration of the contract.

Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

(End of Addendum to 52.212-4)

C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS

(JAN 2021)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or

Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further

Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L.

115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115–232).

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

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with

Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C.

3509).

[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment

Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the

American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards

(JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved]

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

[] (7) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts

(OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (8) 52.209–6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(Oct 2018) (41 U.S.C. 2313).

[] (10) [Reserved]

[] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15

U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-3.

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (MAR 2020) of 52.219-4.

[] (13) [Reserved]

[X] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

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

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

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

[] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and

(3)).

[] (17)(i) 52.219–9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).

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

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

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

[] (v) Alternate IV (JUN 2020) of 52.219–9.

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

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

[] (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

[] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

[] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside

(MAR 2020) (15 U.S.C. 657f).

[X] (22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (NOV 2020) (15

U.S.C 632(a)(2)).

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

[] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically

Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C.

637(m)).

[] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small

Business Concerns Eligible Under the Women-Owned Small Business Program (MAR 2020)

(15 U.S.C. 637(m)).

[] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15

U.S.C. 644(r)).

[X] (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17))

[] (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[X] (28) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2020)

(E.O. 13126).

[X] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (30)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

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

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

[X] (32)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C.

793).

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

[] (33) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010) (E.O. 13496).

[X] (35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

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

[] (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-

Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off -the-shelf items.)

[] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off -the-shelf items.)

[X] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and

Air Conditioners (JUN 2016) (E.O. 13693).

[] (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging…