36C78626R0104 - Flat Bronze Markers - Amend 0001.docx

36C78626R0104

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

09-24-2026 Weston Worsham 629-259-0295 11-02-2026 10:00

CST

36C786 Department of Veterans Affairs National Cemetery Administration Contracting Services 18434 Joplin Road Triangle VA 22172

X

331529 500 Employees

N/A

Multiple Destinations

36C786 Department of Veterans Affairs National Cemetery Administration Contracting Services 18434 Joplin Road Triangle VA 22172 http://www.tungsten-network.com/customer -campaigns/veterans-affairs/

1-877-752-0900

See CONTINUATION Page

This solicitation is for the manufacture, packaging and distribution of Flat Bronze Markers.

See Section E for details regarding instructions to Offerors and Evaluation factors.

Submit questions via email by 10:00 a.m. CST, 5 October 2026 to weston.worsham@va.gov.

Submit proposal via email to: weston.worsham@va.gov

COR: TBD

Funding for the guarantee minimum will be obligated on the first delivery order.

Please fill out the following:

UEI:

Email address:

Phone #:

See CONTINUATION Page

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 36C786 Department of Veterans Affairs National Cemetery Administration Contracting Services 18434 Joplin Road Triangle VA 22172

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.

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

B.2 STATEMENT OF WORK

1.0 Background

The Department of Veterans Affairs (VA), National Cemetery Administration (NCA) furnishes headstones, markers, medallions, and niche covers for deceased veterans worldwide. Memorial headstones, markers, and niche covers are also furnished to memorialize veterans whose remains are non-recoverable.

2.0 Purpose The purpose of this contract is to supply flat bronze markers as listed below in 3.0 FOB destination for worldwide distribution under a multi-year contract.

3.0 Material Specification/Drawings

Description #1: Flat bronze marker (12" x 24”) Product code: B1 Drawing No.: A-B1, Rev A, dated 2019/09/23

Description #2: Flat bronze marker, Medal of Honor (12” x 24”) Product code: B6 Drawing No.: A-B6, Rev A, dated 2019/09/23

Description #3: (T1) Bronze flat old-style marker; (T6) Bronze flat old-style marker with Medal of Honor, 12" x 24". Product code: T1/T6. Drawing No.: A-T1/T6, Rev -, dated 2007/03/01.

Description #4: Emblems Drawing No.: A-EM Cover Page, Rev L, dated 2021/04/13 A-EM-1 through 4, Rev H, dated 2017/12/23 A-EM-5 through 6, Rev L, dated 2021-04-13

Description #5: Letters, fonts, numbers, and other characters. Drawing No.: A-LFN&OC-1 through 3, Rev C, dated 2016/06/13

4.0 Material:

Bronze – The chemical composition of the bronze shall conform to the industry standards for commercial bronze memorials. Copper content shall be between 87% and 89%, and zinc content shall be between 4% and 8%. Appearance, composition, and performance shall match the submitted samples. Within thirty (30) calendar days after contract award, the Contractor shall provide a Certificate of Conformance certifying that the bronze complies with the chemical composition requirements of this section. The Certificate of Conformance may be based on the certified analyses provided by the ingot manufacturer. Thereafter, the Contractor shall comply with the certification and record retention requirements of Section 7.2.

4.1 Pigmented Finish

Base color shall be the memorial industry standard dark brown, as represented by Munsell Color Standard notation: 0.5Y2.49/1.0. The face and sides of the marker shall be uniformly coated with a pigmented coating sufficient to obliterate the casting color.

4.2 Field Texture

The field shall have a deep embossed leather-looking cast texture.

4.3 Protective Coating

The face and sides of the marker shall be coated with a glossy abrasion-resistant protective coating such as a polyurethane sealer. The base and clear coating system, when applied together, shall withstand accelerated weathering testing for humidity and ultraviolet radiation.

4.4 Letters

The style of letters shall be as represented by Drawing A- LFN&OC–1 through 3. The faces of the letters, numerals, and emblems shall be highlighted in bare bronze with the surrounding trim of the marker buffed and tops of letters and trim belted in a horizontal direction. The face and sides of the finished production marker shall have the color, gloss, and appearance of the preproduction samples approved by Memorial Products Services (MPS) as an inspection standard.

4.5 Reverse Side

Surface texture of the reverse side of the marker shall be normal as-cast sand texture (foundry sand texture). The reverse side shall include the words “PROPERTY OF THE US GOVERNMENT” in ½-inch-tall letters, permanently cast into the bronze.

4.6 Rods and Bosses

Four 5-inch threaded brass rods, with nuts and washers, shall be furnished with each marker. Rods shall be fully threaded, standard machine thread 3/8–16 NC-2 to fit tapped bosses as shown on Drawing A-B1. Bosses shall be drilled to a depth of not more than 7/16 of an inch and shall contain no less than (3) complete threads. A minimum wall thickness of 1/8 inch shall remain on the boss after threading. Washers shall be 2” x 2”, 18-gauge stamped reinforced brass with a 3/8” hole centered in the washer.

5.0 Scope of Work

This work shall include all labor and materials necessary to furnish sand-cast flat bronze markers. The markers ordered under delivery orders against this contract shall be delivered within (20) calendar days following the date Memorial Programs Service, Program Support Unit issues the order. Contractor shall deliver, as ordered, F.O.B Destination, flat bronze markers of the type and style shown in 3.0 above, manufactured and delivered in accordance with the specifications, drawings, terms, and conditions. Less than one percent (1%) of the orders shall be delivered to destinations overseas. The Contractor shall maintain shipment tracking and delivery documentation for each shipment and provide such documentation to the Government upon request. A consignee's signature confirming receipt is not required; however, if the Contractor elects not to obtain one, the Contractor assumes the risk of loss or non-receipt. If the Government is notified that the intended recipient did not receive the marker, the Contractor shall furnish a replacement marker at no additional cost to the Government, regardless of any shipment tracking or delivery documentation maintained by the Contractor.

6.0 Workmanship

6.1 Castings and Letters

Markers shall be free of bends or warping not exceeding a deflection of 1/16 inch. Casting shall be free of wrinkles. Letters shall be clear and sharply cast, free of scratches, properly centered, and aligned as shown in Drawing A-B1. The repair of holes and the removal of excess metal from letters or the field of the marker shall be permitted, provided evidence of such repair/removal is not visibly apparent. Repairs shall be done using the same alloy as the marker.

6.2 Coating

The protective coating shall be uniform in color, clear, and free of bare spots, scratches, embossed foreign matter, blistering, and orange peel effects. The finished marker shall be glossy.

7.0 Quality Assurance

7.1 Contractor Certification

The contractor shall certify and maintain substantiating evidence that the product offered meets the salient characteristics described herein, and that the product conforms to the drawings, specifications, and standards called for by this description. The MPS COR reserves the right to request proof of such conformance before the first delivery and thereafter, as shall be otherwise provided for under the provisions of the contract.

7.2 Bronze Testing Specifications Certification of Compliance When requested by the MPS COR, the contractor shall furnish any or all copies of certified analyses as supplied by the ingot manufacturer. The contractor shall require that all ingots from vendors be shipped with certified analyses, which must be retained for the life of the contract plus 5 years.

7.3-Dimensional Examination Each marker and shipping container shall be examined for dimensional defects. Any deviation from specification requirements shall be classified as a defect and shall be cause for rejection of the marker or container. The acceptable dimensional tolerance for the overall length and width of flat bronze markers shall be ±1/8 inch of the specified dimensions.

8.0 Government Quality Assurance (QA)

8.1 Site Inspection

Quality assurance inspections of the contractor’s production processes at the contractor’s manufacturing facility shall be conducted during the contract period by the designated COR of the Memorial Program Support (MPS) unit to assure contract performance and adherence. Visits to the contractor shall be scheduled at times that ensure inspection of the contractor’s marker production. The Government reserves the right to perform quality audit inspection without prior scheduling or notification to the contractor. During each QA visit, a complete assessment of the contractor’s operation shall be made, to include the following areas:

• Packaging of the product to ensure compliance with all contractual requirements

• Execution of quality control procedures,

• Maintaining all QA records as required, with the records indicating the quality of the markers as shipped.

• Handling of inventory or backlogged orders.

• Ensuring that copies of all relevant Government-provided drawings for production of markers under each contract are maintained on file and are available to the designated COR, upon request, during an on-site QA inspection. The contractor shall assist the designated MPS COR by providing an adequate, well-lit inspection area. Contractor personnel shall assist with the lifting, handling, and moving of products.

8.2 Quality Complaints

The receipt of complaints concerning unsatisfactory quality, indicating non- compliance with the contract specifications, shall be considered a reason for immediate visit and review of the contractor’s quality assurance program. The Government reserves the right to impose a 100% government quality inspection for an indefinite period due to quality problems. Indicative, but not all-inclusive, examples of issues are:

• Nonconforming products shipped to fill Government orders.

• Completed markers that passed the contractor’s inspection and are awaiting shipment but fail the designated MPS COR Quality Inspection.

• Products that passed the contractor’s inspection system and are awaiting shipment for an unusually long period.

• Deficiencies that adversely affect the performance of the contracting areas, such as:

• Craftsmanship

• Safety

• Knowledge/training of processes, inspections, and measuring tools

• Contractor’s inspection system

• Manufacturing process

• Production control

• Planning and scheduling

The designated COR for the contract shall inform the contractor of any deficiencies identified during the inspection and provide the contractor with a copy of the report. When issues arise regarding a marker not meeting the specifications standards and the problems cannot be resolved between the Contractor and the Government, the Contracting Officer shall make a final determination if the marker shall be replaced at the Contractor’s expense.

9.0 Processing of Orders and Time of Delivery Contractors shall manufacture and ship individual flat bronze marker orders on a first-in/first-out basis. Each order shall be produced in numerical sequence, by shipment number.

9.1 Normal Delivery

All markers, apart from those identified for accelerated delivery (see Par. 9.2), ordered under this contract shall be manufactured and delivered within 20 calendar days following the date the order was sent.

9.2 Accelerated Delivery (10-Day Specials)

All markers identified for accelerated delivery (10-day specials) shall be manufactured and delivered within ten (10) calendar days, at no additional cost to the Government, following the date MPS sent the order. Inscription Data – The inscription of each marker shall be specified on each order e-mailed by MPS, not to exceed six lines with an emblem of belief or seven lines (total) without an emblem of belief. When deviations are requested, the designated COR shall be contacted.

9.3 Requests for Inscription Cancellations of Marker Orders

Occasionally, it may be necessary to request that the contractor cancel an order for a flat bronze marker. These cancellations shall be forwarded by e-mail to the contractor only by the MPS COR and within one calendar day from receipt of the order. Marker shall not be shipped before the end of the 24hr notification period. The contractor shall respond to an e-mailed request from the MPS COR within one workday of the date the request was sent.

10.0 Administrative Matters

10.1 Authorities of Government Personnel

The Contracting Office shall provide, at the time of contract award, a list of MPS personnel authorized to act as Contracting Officer’s Representatives.

10.2 Contractor-Provided Weekly Delivery Reports

The contractor shall provide the MPS COR weekly reports on the contractor’s processing, production, and delivery. The reports shall be emailed to MPSProgSupport@va.gov. The reports shall be due by the close of business on Tuesday of each week. Should this day fall on a holiday, the report shall be submitted by the close of business on the workday before the holiday. Each report shall minimally include the following:

• Date Order Received

• Purchase Order Number

• Shipment Numbers

• Date each order was delivered

• Tracking number for shipment

• Number of items delivered

• Amount pending

• Estimated delivery dates for pending orders

• Number of orders cancelled

If an order is delinquent at the time that the status report is emailed to the MPS Program Support Unit, the Contractor shall be required to provide, in the same email with the report, the detailed reasons for the delinquency, projected delinquencies, and the projected date for the delivery of the delinquent items.

10.3 Contractor Records and Files

The Contractor shall maintain records and files of all documents.

These records include, at a minimum, copies of all orders, quality assurance records, inspection results, shipping documents (bearing carrier name, tracking number, and date delivered), and invoices.

These records shall be made available upon request to the designated MPS Program Support Unit COR during on-site QA Inspections.

11.0 Packaging

The markers shall be packaged in such a way as to protect the contents from the abuse of normal handling and shipping. The package shall ensure the safe arrival of each marker without marks or damage. All associated delivery fees, including packaging, materials, postage, shipping, and any signature service obtained by the Contractor, are at the Contractor's expense. The weight of each packaged marker shall not exceed 30 pounds.

12.0 Returns

12.1 Return of Bronze Markers

Bronze markers that cannot be delivered or that were shipped incorrectly shall be returned to the Contractor using the Contractor’s designated carrier. The Contractor shall be responsible for return shipping costs for all returned bronze markers, including returns resulting from Government ordering errors, administrative cancellations, or other circumstances unrelated to Contractor error.

Bronze markers returned from a cemetery, funeral home, or private individual shall be shipped directly to the Contractor using the Contractor’s preferred mailing or shipping method.

To facilitate returns, the Contractor shall provide a return shipping label to the returning party as follows:

· Electronic (email) return labels shall be provided at no cost to the Memorial Products Service (MPS); or

· Mailed return labels may be provided at a nominal cost to MPS.

For each issued return label, the Contractor shall provide the associated tracking number to MPS by email to MPSProgSupport@va.gov.

Tracking numbers shall be included in a weekly return tracking report.

12.2 Receipt Notification and Disposition Instructions

Upon receipt of a returned bronze marker, the Contractor shall notify the MPS Contracting Officer’s Representative (COR) by email at MPSProgSupport@va.gov.

The notification shall confirm receipt and request disposition instructions and must include, if available:

· Decedent’s full name

· Decedent’s date of birth & date of death

· Shipment number

· Obligation Number

The Government will generally provide disposition instructions within three (3) business days of receipt confirmation.

12.3 Authorized Disposition Options

Returned bronze markers shall be disposed of only in accordance with Government direction. Authorized disposition options typically include:

· Scrapping the marker and issuing credit to the Government; or

· Reshipping the marker to a government-designated recipient.

12.4 Weekly Returned and Scrapped Marker Report

The Contractor shall submit a weekly report to MPS identifying all bronze markers returned and/or scrapped during the reporting period.

Each report shall include, if available:

· Decedent’s full name

· Shipment number

· Purchase order number

12.5 Reshipments

The Contractor is responsible for preparing correct shipping labels for all reshipments and shall ensure that all prior consignee information is completely removed from the package prior to reshipment.

Reshipments shall be made at the Contractor’s expense. Historically, fewer than one percent (1%) of markers require reshipment at the Contractor’s cost.

13.0 Scrapped Markers and Government Reimbursement

Bronze markers designated for scrapping shall be accepted by the Contractor. The Government shall be reimbursed by the Contractor for scrapped markers at the rate specified in the Price/Cost Schedule.

The Contractor shall remit reimbursement to the Government by submitting a monthly check covering all bronze markers scrapped during the applicable period. Checks shall be sent to:

VA/National Cemetery Administration Attn: Agent Cashier P.O. Box 335 Garrisonville, VA 22463-0335

Checks shall be made payable to the Department of Veterans Affairs.

Each check shall be accompanied by a report submitted to the Program Support Unit that lists, for each scrapped marker:

· Veteran’s name

· Purchase order number(s)

· Shipment number(s)

14.0 Updates to Emblem and Symbol Drawings

The Government reserves the right to update emblems or symbols available for inscription on headstones and markers without requiring a formal contract modification. Updated emblem drawings will be provided by the Government and are incorporated by reference into this contract upon written notification from the Contracting Officer (CO) or designated Contracting Officer’s Representative (COR).

The Contractor shall incorporate such emblem changes into its production capabilities within 10 business days of receipt of the notification. Updated emblems shall be made available for selection on all new orders placed after the effective date specified in the notification.

This provision applies solely to emblem design changes and does not constitute a change to technical specifications, materials, dimensions, or scope of work for the headstones or markers. Any changes beyond emblem updates shall require a formal contract modification in accordance with the Changes clause. Failure to implement emblem updates within the specified timeframe may be considered non-compliance with contract requirements.

36C78626R0104

15.0 Point of Contact E-mail: MPSProgSupport@va.gov

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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 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 04/1/2027 through 03/31/2030.

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

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

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

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

(3) If sent electronically, the Government either—

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

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

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

(End of Clause)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 50 EA, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of 75,000 EA;

(2) Any order for a combination of items in excess of 80,000 EA; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

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

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.4 52.216-22 INDEFINITE QUANTITY (NOV 2025) (DEVIATION)

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

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

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

(d) Any order issued during the ordering period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order, which may include order options to be exercised after the ordering period of this contract but before the end of the period of performance of the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order, including options exercised, to the same extent as if the order were completed during the contract's ordering period; provided, that the Contractor shall not be required to make any deliveries under this contract after 30 April 2030.

(End of Clause)

C.5 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 15 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed three (3) years.

(End of Clause) C.6 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.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) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153);

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

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

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

Covered telecommunications equipment or services means—

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

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

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

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