36C77025Q0204- Compressor Maintenance- Lancaster CMOP.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. 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

NCO 15 Contracting Ofc - CMOP

36C77025Q0204 04-17-2025

Diana Olson 913-684-0145 04-30-2025

5PM CDT

36C770 Department of Veterans Affairs NCO 15 Contracting Ofc - CMOP 3450 S. 4th St. Trafficway

Leavenworth KS 66048-5012

X

811310

$12.5 Million

N/A

X

VA CMOP Lancaster

2962 S Longhorn Drive Lancaster, TX 75134

36C770

Department of Veterans Affairs NCO 15 Contracting Ofc - CMOP 3450 S. 4th St. Trafficway

Leavenworth KS 66048-5012

Department of Veterans Affairs

FSC

PO Box 149971 Austin TX 78714-8971

See CONTINUATION Page

763- Lancaster CMOP Air Compressor Preventative Maintenance/ Emergency Repairs

Vendor must be registered and in good standing in SAM.gov at time of offer and award.

See Section B- Performance Work Statement for details.

Email full Quotation package to diana.olson@va.gov Quote package must include signed and completed SF 1449 and complete Quality Control Program (QCP)

The Government intended to award a base plus four option year Firm Fixed Price award without discussions.

See CONTINUATION Page

X X

X one

Phillip Reuwer

36C77025Q0204

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PERFORMANCE WORK STATEMENT (PWS)

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

B.4 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

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

C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 22

C.5 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.7 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 24

C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JAN 2025)(DEVIATION FEB 2025)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

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 (NOV 2021)

E.4 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

E.5 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)(DEVIATION

FEB 2025)

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 36C770 – Phillip Reuwer

Department of Veterans Affairs NCO 15 Contracting Ofc - CMOP 3450 S. 4th St. Trafficway

Leavenworth KS 66048-5012

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 [X]

b. Semi-Annually []

c. Other []

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 FSC, PO Box 149971, Austin, TX 78714-8971

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

AMENDMENT NO DATE

B.2 PERFORMANCE WORK STATEMENT (PWS)

LANCASTER CMOP KAESER PM CONTRACT

1.0 BACKGROUND & INTRODUCTION

The Dallas CMOP located in Lancaster Texas, is one of seven Consolidated Mail Outpatient Pharmacy (CMOP) facilities located across the United States. This Department of Veterans Affairs (VA) program provides prescription fulfillment and mailing for Veteran patients.

Advanced automation and equipment schemes are used in this highly automated environment to fulfill prescription orders from Department of Veterans Affairs Medical Centers (VAMC) and Community Based Outpatient Clinics (CBOC) throughout the country, with the potential for future growth based upon agreements with other Federal agencies.

2.0 OBJECTIVE

Lancaster CMOP uses two (2) Kaeser screw Compressors Model # SFC 55T and one (1) Oil/Water separator for production floor air needs. CMOP requires quarterly PMs with one (1) annual PM to ensure our compressors are maintained with minimal down time. The Lancaster CMOP maintains two (2) production shifts per day with occasional OT. Run hours per year per compressor is estimated to be 5300 Hours. Appropriate maintenance must be done based on these run hours per the manufactures recommended maintenance table attached to this document.

3.0 SCOPE OF WORK

Lancaster CMOP uses two (2) Kaeser screw Compressors Model # SFC 55T for production floor air needs. We need quarterly PMs to ensure our compressors are maintained with minimal down time. The Lancaster CMOP maintains two (2) production shifts per day with occasional OT. Run hours per year per compressor is estimated to be 5300 Hours. Appropriate maintenance must be done based on these run hours per the manufactures recommended maintenance table attached to this document.

EQUIPMENT: KAESER Compressor, Model EMR, Serial #5328445 KAESER Compressor, Model EMR, Serial #5330977 KAESER Oil Removal Filter, Model EMR, Serial #5453153 KAESER Oil/Water Separator Model EMR, Serial #289723

Contractor must provide services for two (2) Kaeser compressors plus one (1) Oil/Water separator and use genuine Kaeser oil, filters, and parts that may be needed for repairs and PMs.

4.0 PERFORMANCE REQUIREMENTS

Contractor requirements are as follows:

A. All work must be done on Weekends when production will not be impacted. Scheduling must be approved by the COR before work is scheduled.

B. In an emergency, contractor will be onsite within two hours after receiving the call for service.

C. Quarterly PMs and one Annual PM for Two Kaeser Compressors, model number SFC-55T

a. Serial number 1028

b. Serial number 1029

D. Oil Separator Filters will be changed Annually or per manufactures recommended guidelines.

E. Water separator filters will be changed Biannually during a PM

F. Contractor shall supply check list documentation on each compressor after each quarterly PM is completed.

a. This documentation will be emailed to the COR on the contract.

G. Contractor will supply the check list, with at a minimum, the following.

a. Servicing Tech name

b. Date of service

c. Time of service

d. Make and Model number of the compressor being serviced.

e. Voltage between phases

L1-L2 L1-L3 L2-L3

f. Full load running amps per phase.

g. Ambient temperature

h. Loaded temperature.

i. Oil Level

Was oil added?

j. Was unit cleaned?

k. Was this a Quarterly, or Annual PM.

l. Were issues found?

Is the issue an emergency?

Are parts needed?

If so, give a quote to the COR immediately before any work is done.

Supply pictures when explaining the issues.

m. Technician will document what they did during the PM/Annual.

n. Were PM counters/Clocks reset after PM or Annual.

Contractor will follow Kaeser recommended PM time schedules except for a yearly oil and filter change. use synthetic oil that will be rated, at the minimum, of 8000 HRs between changes. Change oil filters at recommended manufactures suggested hours.

H. Contractor will supply all material and labor for PMs and Annual.

I. After PM/Annual is complete, work area and inside compressor cabinets will be wiped down and cleaned. This includes surrounding areas.

J. Cooler and refrigerant condenser will be cleaned quarterly.

K. Technician will -contact COR before leaving the facility for a full briefing of the equipment.

5.0 GOVERNMENT PROVIDED DELIVERABLES

The Government must provide the following conditions, equipment, access, and facilities for the Contractor to complete all the performance requirements to the performance standards in this PWS.

A. Provide sufficient access to the facility as required to perform the on-site work.

B. CMOP will provide onsite trash receptacles. No hazardous material such as pharmaceuticals will be allowed to be thrown into the trash. No metal, hazardous or flammable material, or equipment may be put into the onsite dumpster. all oil and filter disposal will be the responsibility of the contractor.

C. CMOP will provide areas for parking of equipment and tools.

NOTE: No equipment will be furnished, contractor will be responsible for all tools and equipment (forklifts, scissor lifts, cranes, and booms. to do the work.)

6.0 PERFORMANCE STANDARDS

A. Contractor must ensure all compressor equipment is functional before PM is completed.

B. Contractor will be required to do PMs/Annuals on a weekend when production is not impacted.

C. Proper adherence to all safety procedures is required prior, during, and after performed work.

When on-site work is required, the contractor must furnish all personnel with any required personal protective equipment (PPE). Contractors will follow all LOTO, Electrical safety arc flash, and any other facility safety policy. The contractor must safeguard the public and government personnel, property, materials, supplies, and equipment exposed to the contractor’s operations and activities, and avoid interruptions of government operations in the performance of services.

D. Documenting Performance

Acceptable Performance: The Government must document positive performance. Any report may become a part of the supporting documentation for acceptance leading to Performance evaluation.

E. Methods of Performance Assessment:

The below listed methods of surveillance will be used in the administration of this performance plan.

a. Random Monitoring -Random monitoring will be conducted.

b. Customer Feedback -Customer feedback may be obtained either from the results of formal customer satisfaction surveys, user surveys, or from random customer complaints.

c. Review of operational logs, databases, or metrics.

d. Review of CMOP or Contractor reports and records.

e. 100% Inspection -Each month the COR must review the generated documentation, document summary results and direct observation methods.

f. Periodic Inspection-Periodic inspections daily will be conducted.

The government must monitor the contractor's performance to assure that the performance thresholds and standards of performance are met in accordance with terms of the contract.

F. Quality Control Program (QCP)

The Contractor must establish a complete QCP assuring the requirements of the contract are provided and met as specified. During solicitation, the Contractor must submit a type-written plan meeting PWS requirements for this program to the COR with Cc to CO for approval. The QCP must be a system for identifying and correcting deficiencies in the quality of services provided before the level of performance becomes unacceptable and/or before the Government inspectors point out deficiencies. This QCP is centrally important. The program must include, but is not limited to the following:

1. An inspection system, that will affirm services are available 98% of the time. The Contractor and the Contractor's employees who monitor service availability must not be the same person who monitors compliance with the QCP.

2. A system ensuring deficiencies do not reoccur based upon customer support rendered from the contractor. Documentation of customer support correcting deficiencies must be made available to the Government during the term of the contract and to the COR upon request.

7.0 QUALIFICATIONS

Contractor must provide personnel who have the knowledge, experience, qualifications, and working experience to perform the functions outlined in this Performance Work Statement.

8.0 CONTINUITY OF FACILITIES OPERATION

A. Holidays – The following federal holidays are observed: however, circumstances may warrant approval for work on these days upon authorization.

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veterans’ Day Memorial Day Thanksgiving Day Juneteenth Christmas Day Independence Day

When a holiday falls on a Sunday then the following Monday is observed as a legal holiday.

When a holiday falls on a Saturday then the preceding Friday is observed by U.S. Government agencies. Specific holiday dates for a given year are available on the OPM.GOV website.

D. Identification – All contract personnel must present a government picture-ID and sign in to receive a contractor identification badge before any on-site work performed detailing the work performed and must return to the same location to sign out and turn-in the same badge along with a documented service report for services performed. The badge must be always worn in a visible location on the worker while on the premises of VA property.

E. Weather Delays – In the event climate or weather conditions become unsuitable for work or could induce an environmental hazard then work may be rescheduled to a date and time satisfactory to the COR. Climate or weather postponement will cause neither any penalties to be assessed to the Contractor, nor must there be any additional cost to the Government.

F. Smoking Policy – Vendor is advised that the Government has placed restrictions on the smoking and use of tobacco products in Government facilities. Vendor’s employees and visitors are subject to the same restrictions as Government personnel. Smoking is permitted only in designated smoking areas.

G. Safety Requirements – The vendor shall comply with all local, state, federal laws, and safety regulations. Compliance with OSHA and other applicable laws and regulations for the protection of contractor’s employees (exclusively the contractor’s obligation), and the Government assumes no liability or responsibility for the contractor’s compliance or non-compliance with such responsibilities. The Contracting Officer or his/her designee will notify the contractor of any noncompliance with the foregoing provisions and action to be taken. After receipt of such notice, the contractor must immediately correct the conditions to which attention has been directed. Such notice, when served to the contractor or his representative at the site of the work must be deemed sufficient for the purpose. If the contractor fails or refuses to comply promptly, then the Contracting Officer may issue an order stopping all or any apart of the work and hold the contractor in default as provisioned elsewhere in this contract.

H. Laws and Ordinances – Contractor must comply with all applicable laws, ordinances, and regulations (federal, state, city, municipal, or otherwise) covering operations under the contract. The LANCASTER-CMOP is a secure location. All contractors must comply with local policies, and procedures including those related to COVID-19 and flu prevention such as wearing masks. At all times contractor personnel must wear badges and be escorted while working in sensitive areas. The contractor and its employees will not have access to Patient Health Information (PHI), nor will they have the capability to access patient information during the services provided to the VA.

I. Weapons, Firearms, Ammunition – Contractor’s employees are prohibited from possessing weapons, firearms, or ammunition, upon themselves or on Government property while at

LANCASTER-CMOP.

J. Fire Prevention and Safety – Contractor’s employees must comply with the Occupational Safety and Health Act (OSHA) and the Fire Prevention and Health Program.

K. Standards of Conduct – The Contracting Officer or COR must refer to the Contractor for immediate action (including, but not limited) to removal of any contract personnel from the work site whose personal or professional conduct jeopardizes or interferes with the regular and ordinary operations of the LANCASTER-CMOP facility. Breaches of conduct include but are not limited to intoxication or debilitation resulting from drug use; theft; dereliction;

negligence in performing tasks or other conduct resulting in complaints by staff or management.

L. Illegal Substances – Illegal substance possession, use, or distribution will not be tolerated on any government installation, including the LANCASTER-CMOP. This includes prescribed medical marijuana. The contractor must ensure that contractor employees who have access do not possess, use, or distribute illegal substances. All vendors are required to adhere to all local, state, and federal laws concerning possession and/or use of illegal substances. Vendors found to be in possession of illegal substances will be barred from the installation and subject to arrest and prosecution by local and federal authorities.

M. Parking – It is the responsibility of the Contractor to park in the appropriate designated parking areas. The VA will not validate or render reimbursement for parking violations incurred by the Contractor under any conditions.

N. Interference to Normal Functions – The Contractor may be required to interrupt work at any time so as not to interfere with the normal function of the facilities, fire protection systems, facility personnel, and equipment.

9.0 SECURITY

The C&A requirements do not apply, and a Security Accreditation Package is not required.

All contractors working on site must check in with the front desk upon arrival and the COR will be notified.

If a door key is needed it will be given at that time.

Be aware, this is a secure Federal building. Doors cannot be blocked open and unauthorized personnel CANNOT be let into the building without prior approval. If doors are open, the contractor will station a person at that door to monitor activity and will report any unauthorized individuals entering the building to security.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION

OF SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4.00 JB ____________ ________________

QUARTERLY PREVENTATIVE MAINTENANCE (PM) AND

REPAIR SERVICE FOR THE FOLLOWING EQUIPMENT:

KAESER Compressor, Model EMR, Serial #5328445 KAESER Compressor, Model EMR, Serial #5330977 KAESER Oil Removal Filter, Model EMR, Serial #5453153 KAESER Oil/Water Separator Model EMR, Serial #289723

Contract Period: Base POP Begin: 11-01-2025 POP End: 10-31-2026

1.00 JB ____________ ________________

ANNUAL PREVENTATIVE MAINTENANCE (PM) AND

REPAIR SERVICE FOR THE FOLLOWING EQUIPMENT:

KAESER Compressor, Model EMR, Serial #5328445 KAESER Compressor, Model EMR, Serial #5330977 KAESER Oil Removal Filter, Model EMR, Serial #5453153 KAESER Oil/Water Separator, Model EMR, Serial #289723

Contract Period: Base POP Begin: 11-01-2025

1.00 JB ___NSP_____ ____NSP________

EMERGENCY REPAIR PARTS. (DOES NOT INCLUDE PM

PARTS OR FLUIDS)

Contract Period: Base

1.00 HR ____________ ________________

UNSCHEDULED AND EMERGENCY REPAIR SERVICE,

AS REQUIRED, FOR THE ABOVE LISTED EQUIPMENT.

THIS WILL ONLY BE USED IN THE EVENT OF REPAIRS

OUTSIDE NORMAL PM SERVICE OR EMERGENCIES

(NORMAL BUSINESS HOURLY RATE)

CONTRACT WILL NOT ALLOW A SEPARATE CALL OUT

FEE.

Contract Period: Base

AS REQUIRED, FOR THE ABOVE LISTED EQUIPMENT.

THIS WILL ONLY BE USED IN THE EVENT OF REPAIRS

OUTSIDE NORMAL PM SERVICE OR EMERGENCIES

(AFTER NORMAL BUSINESS HOURLY RATE)

CONTRACT WILL NOT ALLOW A SEPARATE CALL OUT

FEE.

Contract Period: Base

QUARTERLY PREVENTATIVE MAINTENANCE AND

REPAIR SERVICE FOR THE FOLLOWING EQUIPMENT:

KAESER Compressor, Model EMR, Serial #5328445 KAESER Compressor, Model EMR, Serial #5330977 KAESER Oil Removal Filter, Model EMR, Serial #5453153 KAESER Oil/Water Separator Model EMR, Serial #289723

Contract Period: Option 1 POP Begin: 11-01-2026 POP End: 10-31-2027

ANNUAL PREVENTATIVE MAINTENANCE AND REPAIR

SERVICE FOR THE FOLLOWING EQUIPMENT:

KAESER Compressor, Model EMR, Serial #5328445 KAESER Compressor, Model EMR, Serial #5330977 KAESER Oil Removal Filter, Model EMR, Serial #5453153 KAESER Oil/Water Separator, Model EMR, Serial #289723

Contract Period: Option 1 POP Begin: 11-01-2026

1.00 JB ___NSP_____ ______NSP______

PARTS OR FLUIDS)

Contract Period: Option 1

1.00 JB ___________ ________________

AS REQUIRED, FOR THE ABOVE LISTED EQUIPMENT.

THIS WILL ONLY BE USED IN THE EVENT OF REPAIRS

OUTSIDE NORMAL PM SERVICE OR EMERGENCIES

(NORMAL BUSINESS HOURLY RATE)

CONTRACT WILL NOT ALLOW A SEPARATE CALL OUT

FEE

Contract Period: Option 1

AS REQUIRED, FOR THE ABOVE LISTED EQUIPMENT.

THIS WILL ONLY BE USED IN THE EVENT OF REPAIRS

OUTSIDE NORMAL PM SERVICE OR EMERGENCIES

(AFTER NORMAL BUSINESS HOURLY RATE)

CONTRACT WILL NOT ALLOW A SEPARATE CALL OUT

FEE.

Contract Period: Base

REPAIR SERVICE FOR THE FOLLOWING EQUIPMENT:

KAESER Compressor, Model EMR, Serial #5328445 KAESER Compressor, Model EMR, Serial #5330977 KAESER Oil Removal Filter, Model EMR, Serial #5453153 KAESER Oil/Water Separator Model EMR, Serial #289723

Contract Period: Option 2 POP Begin: 11-01-2027 POP End: 10-31-2028

1.00 JB ___________ _______________

SERVICE FOR THE FOLLOWING EQUIPMENT:

KAESER Compressor, Model EMR, Serial #5328445 KAESER Compressor, Model EMR, Serial #5330977 KAESER Oil Removal Filter, Model EMR, Serial #5453153 KAESER Oil/Water Separator, Model EMR, Serial #289723

Contract Period: Option 2

1.00 JB ___NSP_____ ______NSP______

PARTS OR FLUIDS)

Contract Period: Option 2

AS REQUIRED, FOR THE ABOVE LISTED EQUIPMENT.

THIS WILL ONLY BE USED IN THE EVENT OF REPAIRS

OUTSIDE NORMAL PM SERVICE OR EMERGENCIES

(NORMAL BUSINESS HOURLY RATE)

CONTRACT WILL NOT ALLOW A SEPARATE CALL OUT

FEE

Contract Period: Option 2

AS REQUIRED, FOR THE ABOVE LISTED EQUIPMENT.

THIS WILL ONLY BE USED IN THE EVENT OF REPAIRS

OUTSIDE NORMAL PM SERVICE OR EMERGENCIES

(AFTER NORMAL BUSINESS HOURLY RATE)

CONTRACT WILL NOT ALLOW A SEPARATE CALL OUT

FEE.

Contract Period: Option 2 POP Begin: 11-01-2027

REPAIR SERVICE FOR THE FOLLOWING EQUIPMENT:

KAESER Compressor, Model EMR, Serial #5328445 KAESER Compressor, Model EMR, Serial #5330977 KAESER Oil Removal Filter, Model EMR, Serial #5453153 KAESER Oil/Water Separator Model EMR, Serial #2897233

Contract Period: Option 3 POP Begin: 11-01-2028 POP End: 10-31-2029

SERVICE FOR THE FOLLOWING EQUIPMENT:

KAESER Compressor, Model EMR, Serial #5328445 KAESER Compressor, Model EMR, Serial #5330977 KAESER Oil Removal Filter, Model EMR, Serial #5453153 KAESER Oil/Water Separator, Model EMR, Serial #289723

Contract Period: Option 3

1.00 JB ___NSP_____ ____NSP________

PARTS OR FLUIDS)

Contract Period: Option 3

1.00 JB __________ ________________

AS REQUIRED, FOR THE ABOVE LISTED EQUIPMENT.

THIS WILL ONLY BE USED IN THE EVENT OF REPAIRS

OUTSIDE NORMAL PM SERVICE OR EMERGENCIES

(NORMAL BUSINESS HOURLY RATE)

CONTRACT WILL NOT ALLOW A SEPARATE CALL OUT

FEE

Contract Period: Option 3

1.00 HR ___________ ________________

AS REQUIRED, FOR THE ABOVE LISTED EQUIPMENT.

THIS WILL ONLY BE USED IN THE EVENT OF REPAIRS

OUTSIDE NORMAL PM SERVICE OR EMERGENCIES

(AFTER NORMAL BUSINESS HOURLY RATE)

CONTRACT WILL NOT ALLOW A SEPARATE CALL OUT

FEE

Contract Period: Option 3

4.00 JB ___________ ________________

REPAIR SERVICE FOR THE FOLLOWING EQUIPMENT:

KAESER Compressor, Model EMR, Serial #5328445 KAESER Compressor, Model EMR, Serial #5330977 KAESER Oil Removal Filter, Model EMR, Serial #5453153 KAESER Oil/Water Separator Model EMR, Serial #289723

Contract Period: Option 4 POP Begin: 11-01-2029 POP End: 10-31-2030

SERVICE FOR THE FOLLOWING EQUIPMENT:

KAESER Compressor, Model EMR, Serial #5328445 KAESER Compressor, Model EMR, Serial #5330977 KAESER Oil Removal Filter, Model EMR, Serial #5453153 KAESER Oil/Water Separator, Model EMR, Serial #289723

Contract Period: Option 4

1.00 JB ____NSP____ ______NSP______

PARTS OR FLUIDS)

Contract Period: Option 4

AS REQUIRED, FOR THE ABOVE LISTED EQUIPMENT.

THIS WILL ONLY BE USED IN THE EVENT OF REPAIRS

(NORMAL BUSINESS HOURLY RATE)

CONTRACT WILL NOT ALLOW A SEPARATE CALL OUT

FEE

Contract Period: Option 4 POP Begin: 11-01-2029

AS REQUIRED, FOR THE ABOVE LISTED EQUIPMENT.

THIS WILL ONLY BE USED IN THE EVENT OF REPAIRS

OUTSIDE NORMAL PM SERVICE OR EMERGENCIES

(AFTER NORMAL BUSINESS HOURLY RATE)

CONTRACT WILL NOT ALLOW A SEPARATE CALL OUT

FEE

Contract Period: Option 4

2.00 JB ____________ ________________

REPAIR SERVICE FOR THE FOLLOWING EQUIPMENT:

KAESER Compressor, Model EMR, Serial #5328445 KAESER Compressor, Model EMR, Serial #5330977 KAESER Oil Removal Filter, Model EMR, Serial #5453153 KAESER Oil/Water Separator Model EMR, Serial #289723

Contract Period: Option 5 POP Begin: 11-01-2030 POP End: 04-30-2031

SERVICE FOR THE FOLLOWING EQUIPMENT:

KAESER Compressor, Model EMR, Serial #5328445 KAESER Compressor, Model EMR, Serial #5330977 KAESER Oil Removal Filter, Model EMR, Serial #5453153 KAESER Oil/Water Separator, Model EMR, Serial #289723

Contract Period: Option 5

1.00 JB _____NSP___ ___NSP_________

PARTS OR FLUIDS)

Contract Period: Option 5

AS REQUIRED, FOR THE ABOVE LISTED EQUIPMENT.

THIS WILL ONLY BE USED IN THE EVENT OF REPAIRS

(NORMAL BUSINESS HOURLY RATE)

CONTRACT WILL NOT ALLOW A SEPARATE CALL OUT

FEE

Contract Period: Option 5

AS REQUIRED, FOR THE ABOVE LISTED EQUIPMENT.

THIS WILL ONLY BE USED IN THE EVENT OF REPAIRS

OUTSIDE NORMAL PM SERVICE OR EMERGENCIES

(AFTER NORMAL BUSINESS HOURLY RATE)

CONTRACT WILL NOT ALLOW A SEPARATE CALL OUT

FEE

Contract Period: Option 5

GRAND

TOTAL

B.4 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

SERVICE

DATE

ALL SHIP TO: Department of Veterans Affairs VA CMOP Lancaster 2962 S. Longhorn Dr Lancaster, TX 75134 2118

ALL 11-01-2025 to 04-30-2031

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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

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

and

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.—

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

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

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

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

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

(End of Clause)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

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

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

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

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

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

52.223-10 WASTE REDUCTION PROGRAM MAY 2024

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW

INFORMATION

MAY 2024

(End of Clause)

C.3 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 10 days.

(End of Clause)

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR

2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 10 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 10 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 five (5) years.

(End of Clause)

C.5 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause)

C.6 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT

REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001;

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;

(4) Invoice payment has the meaning given in FAR 32.001; and

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office.

Submission of payment requests by mail may be required for—

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

(End of Clause)

C.7 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT

2020)

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.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (JAN 2025)(DEVIATION FEB

2025)

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

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

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

(3) 52.204–25,…