36C26326Q1046.docx

36C26326Q1046

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

36C263-27-AP-0088

636-27-1-8856-0006 36C26326Q1046 08-20-2026 Dennis Salmonsen 916-923-4508 09-10-2026 17:00

MDT

36C568

DEPARTMENT OF VETERANS AFFAIRS

NETWORK CONTRACTING OFFICE 23

VA BLACK HILLS HCS FORT MEADE CAMPUS

113 COMANCHE RD

FORT MEADE SD 57741

X X 562111 $47 Million N/A X ** See Delivery Location **

36C568

DEPARTMENT OF VETERANS AFFAIRS

NETWORK CONTRACTING OFFICE 23

VA BLACK HILLS HCS FORT MEADE CAMPUS

113 COMANCHE RD

FORT MEADE SD 57741

DEPARTMENT OF VETERANS AFFAIRS

FMS-VA-2(101)

FINANCIAL SERVICES CENTER

PO BOX 149971

AUSTIN TX 78714-9971

See CONTINUATION Page General Waste and Recycling service for the Iowa City VA Health Care System.

Quotes shall be submitted to Dennis Salmonsen at dennis.salmonsen@va.gov by: See Block 8 NOTE 1: Offers shall follow the submission instructions specified in FAR Provisions 52.212-1 and 52.212-2, and their ADDENDUMS included in this solicitation. Failure to follow the instructions will result in an unfavorable evaluation or deemed unacceptable and excluded from competition.

Site Visit - See Statement of Work for details.

Questions Due - See FAR Part 52.212-1 for details.

See CONTINUATION Page x X x (1) Dennis Salmonsen

VA-VHA-RPOC-2025-0018

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 36C263 Dennis Salmonsen

DEPARTMENT OF VETERANS AFFAIRS

NETWORK CONTRACTING OFFICE 23

VA BLACK HILLS HCS FORT MEADE CAMPUS

113 COMANCHE RD

FORT MEADE SD 57741

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

3. INVOICES: Invoices shall be submitted in arrears:

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

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

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.

All invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests. VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website: http://www.tungsten-network.com/US/en/veterans-affairs/ to register and begin submitting electronic invoices, free of charge. The Department of Veterans Affairs Tungsten Number is: AAA544240062 (this allows you to file invoices online for free.)

More information on the VA Financial Services Center is available at: http://www.fsc.va.gov/einvoice.asp.

Vendor e-Invoice Set-Up Information:

If you have questions about the e-invoicing program or Tungsten, please contact the FSC at the phone number or email address listed below:

• Tungsten e-Invoice Setup Information: 1-877-489-6135

• Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com

• FSC e-Invoice Contact Information: 1-877-353-9791

• FSC e-invoice email: vafsccshd@va.gov

Important Notices System for Award Management (SAM) “System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.”

VA Reorganization Vendors are advised that VA reorganization may necessitate adding additional locations to this contract in the future if this contract is not a supply-only contract. Any such additions shall be completed by a bilateral modification.

Page 1 of Page 1 of B. 2 - Statement of Work

GENERAL WASTE AND CO-MINGLED RECYCLING REMOVAL SERVICES

BACKGROUND

The Iowa City VA Health Care System requires continuous general waste hauling and co-mingled recycling removal services to support safe, sanitary, and uninterrupted operations at its medical campus. The current waste and recycling contract expires September 30, 2026. This requirement will establish a replacement contract beginning October 1, 2026, consisting of one base year and one option year.

PERIOD OF PERFORMANCE

SITE VISIT AND QUESTIONS

Site visit for interested parties shall be conducted during the solicitation phase available on 08/26/2026 from 1300 to 1600. Please contact Larry Wolf, larry.wolf@va.gov and/or phone number (319) 338-0581 to notify Mr. Wolf if you intend to participate in the site visit. All questions must be submitted to the Contracting Officer by 08/31/2026 at 1300. An amendment to the solicitation shall follow addressing contractors’ questions.

SCOPE OF WORK

The Contractor shall furnish all labor, vehicles, containers, equipment, materials, supervision, transportation, disposal services, permits, licenses, fees, and incidentals necessary to provide general waste and co-mingled recycling removal services in accordance with this Statement of Work (SOW). Services shall include scheduled and on-call removal, lawful disposal, equipment upkeep, documentation, and reporting.

COMPACTOR SERVICES

· Disconnect, pick up, empty, return, and reconnect the Government's self-contained compactor at least twice each week.

· The current service schedule is Wednesday and Saturday. Specific service days may be adjusted in coordination with the Contracting Officer's Representative (COR) or Point-of-Contact.

· Provide emergency compactor pickup within four (4) to six (6) hours after notification.

· After returning from the disposal facility, leave the pickup ticket with an Environmental Management Service (EMS) supervisor or email it to the COR no later than the next business day.

· Clean and deodorize the compactor as necessary to maintain sanitary conditions and control odors.

OPEN-TOP DUMPSTER SERVICES

The anticipated open-top containers include one 20-cubic-yard container for Research, two 30-cubic-yard construction containers, and one 20-cubic-yard wood container. Quantities and service frequency may vary based on actual need.

· Provide, deliver, pick up, empty, return, and remove open-top dumpsters on an as-needed basis as directed by the COR or designated representative.

· Provide routine pickup within twenty-four (24) hours after notification.

· Provide emergency pickup within four (4) to six (6) hours after notification.

RECYCLING SERVICES

· Provide containers for co-mingled recycling. Each container shall have a capacity of less than 96 gallons and shall remain clean, deodorized, serviceable, and operational.

· Empty all recycling containers in designated recycling areas at least once each week. The designated areas include the main medical center and the Research Building. Exact locations will be identified to the Contractor after award.

· Pick up cardboard bales every other week and provide additional pickup when requested by the COR or designated representative.

· Provide monthly weight and cost or revenue totals for each recyclable material category removed from the facility, including cardboard, paper, plastics, and metal, as applicable.

EQUIPMENT AND SITE MAINTENANCE

· Within fifteen (15) calendar days after award, provide the Point-of-Contact a complete list of equipment to be used in contract performance, including the equipment owner and each container's capacity in cubic yards.

· Make all equipment available for Government inspection before performance begins and ensure it is ready for use at the designated Government locations on the first day of service.

· Keep all equipment in safe, sanitary, leak-free, and operational condition. Repair or replace damaged or unserviceable Contractor-furnished equipment promptly and at no additional cost to the Government.

· Correct conditions that may contribute to rodent or pest infestation, including accumulated debris, unsanitary conditions, and inadequately sealed or closed equipment, as soon as observed or reported. Correct reported deficiencies and notify the COR of completion within twenty-four (24) hours.

PICKUP TICKETS AND MONTHLY REPORTING

· The Contractor shall issue a sequentially numbered and dated pickup ticket for each compactor, conventional waste, debris, open-top dumpster, and recycling pickup. Each ticket shall identify the date and time of pickup, service location, container or material type, and the name or signature of the Contractor employee performing the service.

· The Contractor shall provide the COR a monthly report listing the weight in tons and all associated charges for each general-waste container or dumpster removed, including pull charges and disposal or landfill charges. The report shall also separately identify recyclable material weights and any related costs or revenues. Reports shall be submitted with, or before, the corresponding monthly invoice.

DISPOSAL AND RECYCLING FACILITIES

The Contractor is responsible for selecting and using properly permitted and certified disposal and recycling facilities. All materials shall be transported, processed, recycled, or disposed of in accordance with applicable Federal, state, county, and municipal laws and regulations. The Contractor shall not dispose of regulated hazardous, infectious, pharmaceutical, radioactive, or other excluded waste under this SOW unless expressly authorized through a written contract modification.

SAFETY REQUIREMENTS

· Ensure drivers follow prudent and lawful safety practices while operating vehicles on Government property.

· Maintain operable service brakes, parking and emergency braking systems, backup alarms, lights, and wheel chocks on all applicable vehicles.

· Secure containers and loads during collection and transportation and immediately clean any spill, leakage, or debris caused by Contractor operations.

· Comply with all applicable Occupational Safety and Health Administration requirements and Fargo VA Health Care System safety and traffic requirements.

ENVIRONMENTAL REQUIREMENTS

· Comply with all applicable Federal, state, county, and municipal sanitation, environmental, transportation, recycling, and solid-waste disposal requirements, including applicable provisions of 40 CFR Parts 241, 243, and 257.

· Turn off vehicle engines when they are not required for loading, unloading, compactor operation, or another operational or safety purpose.

· Prevent litter, oil leaks, and leakage from vehicles or containers at loading, transportation, recycling, and disposal locations.

· Immediately notify the COR of any spill, release, accident, citation, or regulatory violation connected with performance of this contract.

SERVICE LOCATION

TYPE OF CONTRACT

This requirement is anticipated to be awarded as a firm-fixed-price service contract consisting of one base year and one option year. The solicitation and resulting contract may include FAR 52.217-8, Option to Extend Services, and FAR 52.217-9, Option to Extend the Term of the Contract.

GOVERNMENT POINT OF CONTACT

The Government will designate a COR or other Point of Contact (POC) after award. The COR/POC may provide technical direction and monitor performance but is not authorized to change the price, scope, terms, or conditions of the contract. Only a warranted Contracting Officer may authorize contractual changes through a written modification.

CONTRACTOR POINT OF CONTACT

The Contractor shall designate a primary and alternate POC with authority to address daily performance and administrative matters. The Contractor shall provide names, telephone numbers, email addresses, and emergency contact information within five (5) business days after award and shall keep the information current throughout the period of performance.

SCHEDULE AND HOURS OF PERFORMANCE

The Contractor shall perform scheduled services on the days and at the frequencies specified in this SOW or as coordinated with the COR. Routine coordination shall occur during normal Government business hours, Monday through Friday, 8:00 a.m. to 4:30 p.m. Central Time, excluding Federal holidays. Scheduled Saturday compactor service and emergency services shall be performed as required without additional charge unless a separately priced contract line item expressly applies.

FEDERAL HOLIDAYS

Federal holidays include New Year's Day; Martin Luther King Jr. Day; Washington's Birthday; Memorial Day; Juneteenth National Independence Day; Independence Day; Labor Day; Columbus Day; Veterans Day; Thanksgiving Day; Christmas Day; and any other day specifically declared a Federal holiday by the President of the United States. When a holiday falls on a weekend, it will be observed in accordance with Federal law and policy.

GOVERNMENT QUALITY ASSURANCE

The Government may use periodic, random, or targeted inspections; review pickup tickets and monthly reports; verify service timeliness; and use other reasonable methods to monitor compliance. The acceptable quality level for required pickups, emergency response, sanitation, safety, documentation, and lawful disposal is 100 percent.

If performance does not conform to the contract requirements, the COR, POC, or Contracting Officer may require re-performance at no additional cost to the Government. The Contractor shall promptly correct deficiencies, identify their cause, and implement measures to prevent recurrence. Serious or repeated deficiencies may result in remedies available under the contract.

ACCESS TO THE VA FACILITY

Contractor personnel shall comply with Fargo VA Health Care System access, identification, safety, infection-control, traffic, and security procedures. Access to service areas and performance monitoring will be coordinated through the COR or designated representative. Contractor personnel shall not enter restricted areas unless authorized.

OVERTIME AND HOLIDAY PAY

Any overtime, weekend, or holiday compensation owed to Contractor personnel is the sole responsibility of the Contractor and shall not be billed to or reimbursed by the Government except where a separately priced contract line item expressly authorizes such payment.

PARKING AND TOBACCO POLICIES

Contractor personnel shall park only in designated areas and comply with directions from VA Police. The Government will not reimburse parking violations. Use of tobacco products is prohibited on Department of Veterans Affairs property.

DAMAGE AND CONTRACTOR PROPERTY

The Contractor is responsible for damage to Government property caused by Contractor personnel or operations. The Government is not responsible for loss of or damage to Contractor equipment, supplies, vehicles, or personal property kept on Government premises except as otherwise provided by law or the contract.

CHANGES TO THE CONTRACT

Only services specified in the contract are authorized. Before performing work outside the contract scope, the Contractor shall notify the COR and Contracting Officer and explain the need for the additional work. No out-of-scope work shall begin without prior written authorization from the Contracting Officer through a contract modification.

POST-AWARD PERFORMANCE CONFERENCE

The COR, Contract Specialist, or Contracting Officer may schedule a post-award performance conference for contract orientation and coordination. The Contractor's responsible POC shall attend if requested.

INVOICING

1. The Contractor will provide a monthly listing of the weight (tons) and costs (i.e. pull charge and landfill charge) associated with each container or dumpster of general wastes removed from the facility.

2. The contractor shall send the Iowa City VA a monthly check for revenue of recycled items. This check should be written to Iowa City VA Medical Center, with Recycling Program in the memo and sent to the following address:

Iowa City VA Medical Center Attn: Agent Cashier 601 Highway 6 West Iowa City, IA 52246

SECURITY

GENERAL.

This entire section applies to all acquisitions requiring any Information Security and Privacy language. Contractors, contractor personnel, subcontractors and subcontractor personnel will be subject to the same federal laws, regulations, standards, VA directives and handbooks, as VA personnel regarding information and information system security and privacy.

PRIVACY

National Archives and Records Administration (NARA) Records Management Language for Contracts

a. Citations to pertinent laws, codes and regulations such as 44 U.S.C. Chapter 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

b. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

c. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government ‘IT’ equipment and/or Government records.

a. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

b. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

c. The Government Agency owns the rights to all data/records produced as part of this contract.

d. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

e. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

f. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

g. Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under or relating to this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

END OF STATEMENT OF WORK

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Pick-up service charge - COMPACTOR (1 Compactor) Contract Period: Base POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 562111 - Solid Waste Collection PRODUCT/SERVICE CODE: S205 - Housekeeping - Trash/Garbage Collection

Landfill Charge

POP Begin: 10-01-2026 POP End: 09-30-2027

Pickup charge/Research open-top Dumpsters (Includes emergency pickups) (One (1) - 20 Yard Dumpster)

POP Begin: 10-01-2026 POP End: 09-30-2027

Pick-up charge – General Waste (30 yard) – Construction (30 Yard) – Wood (30 Yard) – Yard Waste (20 Yard) open-top Dumpsters (Includes emergency pickups) – INVOICED PER DUMPSTER TYPE.

POP Begin: 10-01-2026 POP End: 09-30-2027

Recycle Pick-up general fee.

POP Begin: 10-01-2026 POP End: 09-30-2027

Recycling | Curbside Containers | Carboard Recycling Dumpster

POP Begin: 10-01-2026 POP End: 09-30-2027

Pick-up service charge - COMPACTOR (1 Compactor) Contract Period: Option 1 POP Begin: 10-01-2027 POP End: 09-30-2028

Landfill charge

POP Begin: 10-01-2027 POP End: 09-30-2028

Pickup charge/Research open-top Dumpsters (Includes emergency pickups) (One (1) - 20 Yard Dumpster)

POP Begin: 10-01-2027 POP End: 09-30-2028

Pick-up charge – General Waste (30 yard) – Construction (30 Yard) – Wood (30 Yard) – Yard Waste (20 Yard) open-top Dumpsters (Includes emergency pickups) – INVOICED PER DUMPSTER TYPE

POP Begin: 10-01-2027 POP End: 09-30-2028

Recycle Pick-up general fee.

POP Begin: 10-01-2027 POP End: 09-30-2028

Recycling | Curbside Containers | Carboard Recycling Dumpster

POP Begin: 10-01-2027 POP End: 09-30-2028

B.3 DELIVERY SCHEDULE

601 Highway 6 West Iowa City, IA 52246

USA

601 Highway 6 West Iowa City, IA 52246

USA

601 Highway 6 West Iowa City, IA 52246

USA

601 Highway 6 West Iowa City, IA 52246

USA

601 Highway 6 West Iowa City, IA 52246

USA

601 Highway 6 West Iowa City, IA 52246

USA

601 Highway 6 West Iowa City, IA 52246

USA

601 Highway 6 West Iowa City, IA 52246

USA

601 Highway 6 West Iowa City, IA 52246

USA

601 Highway 6 West Iowa City, IA 52246

USA

601 Highway 6 West Iowa City, IA 52246

USA

601 Highway 6 West Iowa City, IA 52246

USA

SECTION C - CONTRACT CLAUSES

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

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

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

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

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

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

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

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. Examples of occurrences include acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall—

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

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

(i) Payment—

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

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

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

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

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

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

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

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

(D) Contractor point of contact; and

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

(5) Interest.

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

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

(iii) Final decisions. The Contracting Officer will issue a final decision as required by FAR part 33 if—

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

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

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR part 32).

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

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

(A) The date fixed under this contract.

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

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

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

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

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

(vii) The interest charge made under this clause may be reduced under the procedures for interest credits prescribed in FAR part 32 in effect on the date of this contract.

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

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

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

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

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

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

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

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

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

(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract,

(5) Solicitation provisions incorporated in the solicitation.

(6) Other paragraphs of this clause.

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s) Unauthorized obligations.

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

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

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

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

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

(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This clause does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

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

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

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

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 calendar days from contract expiration.

(End of Clause)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 calendar days from contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed two (2) years.

(End of Clause)

C.4 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5332.

This Statement is for Information Only:

It is not a Wage Determination

(End of Clause) C.5 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS (DEVIATION APR 2026) (a)Definitions. As used in this clause— Program participation means membership or participation in, or access or admission to: training, mentoring, or leadership development programs; educational opportunities; clubs; associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.

Racially discriminatory diversity, equity, and inclusion (DEI) activities means disparate treatment based on race or ethnicity in the recruitment, employment (e.g., hiring, promotions), contracting (e.g., vendor agreements), program participation, or allocation or deployment of an entity's resources.

(b) In connection with the performance of work under this contract, the Contractor agrees as follows:

(1) The Contractor will not engage in any racially discriminatory DEI activities;

(2) The Contractor will furnish all information and reports, including providing access to books, records, and accounts, as required by the Contracting Officer, for purposes of ascertaining compliance with this clause;

(3) In the event of the Contractor's or a subcontractor's noncompliance with this clause, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor or subcontractor may be declared ineligible for further Government contracts;

(4) The Contractor will report any subcontractor's known or reasonably knowable conduct that may violate this clause to the Contracting Officer and take any appropriate remedial actions directed by the Contracting Officer; and

(5) The Contractor will inform the Contracting Officer if a subcontractor sues the Contractor and the suit puts at issue, in any way, the validity of this clause.

(6) The Contractor recognizes that compliance with the requirements of this clause are material to the Government's payment decisions for purposes of 31 U.S.C. 3729(b)(4).

(c) The Contractor must include the substance of this clause, including this paragraph (c), in subcontracts at any tier, including those for commercial products and commercial services, except those where the place of delivery or performance is outside the United States.

(End of Clause)

C.6 52.223-23 SUSTAINABLE PRODUCTS (NOV 2025) (DEVIATION)

(a) Definitions. As used in this clause— Sustainable products means—

(1) A product that contains recovered material designated by the EPA under the Comprehensive Procurement Guidelines (42 U.S.C. 6962) (40 CFR part 247) (https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products).

(2) An energy-efficient product or low standby power device (42 U.S.C. 8259b) (10 CFR part 436, subpart C) (https://www.energy.gov/femp/search-energy-efficient-products, https://www.energystar.gov/products?s=mega, and https://www.energy.gov/femp/low-standby-power-product-list).

(3) A biobased product that meets the content requirements of the USDA under the BioPreferred® program (7 U.S.C. 8102) (7 CFR Part 4270) (https://www.biopreferred.gov/)

(4) A substance identified in the EPA’s Significant New Alternatives Policy (SNAP) program as a safe alternative to an ozone-depleting substance (42 U.S.C. 7671l) (40 CFR part 82, subpart G) (https://www.epa.gov/snap/unacceptable-and-acceptable-substitutes-tables).

(b) Requirements. The Government has identified in the statement of work or elsewhere in the contract the sustainable products that are required during the performance of this contract. The Contractor shall ensure that it provides sustainable products as required by this contract, when the products are—

(1) Delivered to the Government;

(2)Furnished for use by the Government;

(3) Incorporated into the construction of a public building or public work; or

(c) Furnished for use in performing services under this contract, where the cost of the products is a direct cost to this contract.

(End of Clause)

C.7 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)…