C03 PO 36C25626P1052 - Signed.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

629-26-4-639-0774

Obligation No: 629C60117

36C25626P1052

AWARDED:

EFFECTIVE: 09-08-2026

NA 36C25627Q0002 07-14-2026

Tammy Tynes Tammy.Tynes@va.gov 228-523-5618 08-14-2026

00520

Department of Veterans Affairs

Gulf Coast Veterans Health Care System

Network Contracting Office 16

400 Veterans Avenue

Biloxi MS 39531

X 100

X

238910

$19 Million

N/A

Gulf Coast Veterans Health Care System

Network Contracting Office 16

400 Veterans Avenue

Gulf Coast Veterans Health Care System

Network Contracting Office 16

400 Veterans Avenue

6UCA7

COACTINT LLC

625 GIROD ST

MANDEVILLE LA 70448

985-590-9595 TJW8KW6LLFD9

FSC e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp

Invoice Setup Information 1-877-489-6135 invoice must be submitted electronically

1-877-489-6135

See CONTINUATION Page

Chemistry Lab Modernization for the Southeast Louisiana

Veteran Health Cary System in New Orleans, LA

See attached Statement of Work (SOW)

Please use 629C60117 for all invoices and shipping documents

Period of performance is 30 Calendar Days from issuance of

Notice to Proceed.

$32,461.00

See CONTINUATION Page

629-3660162-639-851100-2543-C60117 0100501X8

Obligation No: 629C60117

X 1

Jennings Herbst

VA-VHA-RPOC-2023-0125

Michael S. McCumsey, President 9/4/2026

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.1 PRICE/COST SCHEDULE

ADDITIONAL SIMPLIFIED ACQUISITION TERMS AND CONDITIONS

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

AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

A.2 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS

(DEVIATION APR 2026)

A.3 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

A.4 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

A.5 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

A.6 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

A.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

A.8 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

A.9 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

A.10 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

Attachments:

See attached document: P07 Wage Determination LA20260041

See attached document: Drawing NOR-02-04AR-rev update

See attached document: SOW Dem Service Chem Lab -Final

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 36C256

Gulf Coast Veterans Health Care System

Network Contracting Office 16

400 Veterans Avenue

Biloxi MS 39531

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

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

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Upon delivery, inspection, and acceptance of all line items

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

Payment Requests.

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

AMENDMENT NO DATE

B.1 PRICE/COST SCHEDULE

Statement of Work

Chemistry Modernization Update

Southeast Louisiana Veterans Health Care System

(SLVHCS)

Last Updated: 6/11/2026

POP: 30 calendar days

General Information

The purpose of this Scope of Work (SOW) is to outline the requirements for the procurement, and commissioning of updated instruments for lab procedures and operations within the

Southeast Louisiana Veterans Health Care System (SLVHCS). This update is required to ensure integrity of the biological samples that are taken from patients in their healthcare role, and improved safety in accordance with Veterans Health Administration (VHA) standards directives.

1.1. Project Title: Chemistry Modernization Update

1.2. Project Background

The Chemistry Department along with Engineering Service has identified a need to define the requirements for an update for the Chemistry Labs in the Diagnostics and

Treatment Building. The Chemistry Lab has not been updated since the inception of the hospital and is in dire need of this update to streamline patients health services which include but are not limited to urine and tissue sampling.

1.3. Scope of Work

The contractor shall provide all parts, materials, travel, labor, supervision, equipment, debris removal, and coordination necessary for the deinstallation and removal of two laboratory casework systems:

Unit 1: Long run casework – full removal

Unit 2: Island casework – partial removal at identified seam (upper and base)

Work includes disconnecting and making safe all associated utilities, including electrical, data, and plumbing.

Contractor shall erect a barrier in accordance with ICRA/PCRA procedures

1.3.1. Existing Conditions

1.3.1.2. Fixed laboratory cabinetry with solid surface countertops

1.3.1.3. Integrated systems include:

1.3.1.4 Normal and emergency power (fed from back wall)

1.3.1.5. Data cabling (fed from interstitial space below)

1.3.1.6. Plumbing (fed from interstitial space below)

1.3.1.7. Utilities routed through cabinetry and vertical chases

1.3.1.8. Electrical panels located within approximately 50 ft of the work area

1.3.1.9. Active lab environment requiring careful coordination and sensitivity to ongoing operations

1.3.2. Performance Requirements

1.3.1.1. Contractor adheres to timelines listed in Section 6.

1.3.1.3. Final demo report is accepted by COR

1.4. Deliverables Schedule

1.4.1.5. Demolition Scope

1.4.1.5.1 Unit 1 – Full Removal

Remove all base cabinetry, countertops, and supports unless required to remain for utility continuity at back wall

1.4.1.5.2 Unit 2 – Island - Partial Removal

Deinstall at identified seam

Remove designated portions only

Remaining casework remaining to remain intact and operational

1.4.1.5.3. Electrical (power)

De-energize and disconnect normal and emergency power

Power is fed from the back wall through casework

Remove wiring back to nearest accessible point or reroute into interstitial space where feasible

Alternatively, maintain circuits within a remaining section of back wall casework for future use

• Terminate conductors in junction boxes with blank covers

• Label all circuits for future use

• Maintain feeders for potential reuse

1.4.1.5.4. SYSTEMS FED FROM INTERSTITIAL SPACE (DATA &

PLUMBING)

Data / Low Voltage:

Remove cabling back into interstitial space

Coil, label, and secure for future use or maintain within remaining casework if required

Protect any active systems

1.4.1.5.5. Plumbing:

Cut, cap, and secure lines within interstitial space

Install isolation valves where feasible

Alternatively, maintain within remaining casework section for future use

Leave systems safe, accessible, and code compliant

1.4.1.5.6. Salvage / Disposal

Casework and equipment appear suitable for salvage

Materials to be carefully deinstalled and removed from site

1.4.1.5.7. Infection Control

Work to be performed in an active lab environment

Utilize plastic ICRA barriers around work area

Maintain low-dust demolition methods

Daily cleanup and debris removal

1.4.1.6. Notify the designated Contracting Officer Representative (COR) prior to delivery to ensure requirements are met.

1.4.1.7. Site Visit Notes – Due Day 15

1.4.1.8. Draft Report – Due Day 25

1.4.1.9. Final Report – Due Day 3

1.4.1.10.

1.5 Assumptions

Utilities can be isolated locally at back wall and within interstitial space

No major rerouting required

No structural components involved

Interstitial space is accessible for routing and terminations

No drain removal included

1.6 Exclusions

Demolition back to electrical panels

Major plumbing reroutes beyond interstitial isolation

Structural modifications

Full floor repair

Floor drains to remain

Any items not specifically identified for demolition

Core Drilling

Installation of power/data floor box

1.7 Period of Performance

1.7.1The period of performance for this SOW is as follows: Start within ten (10) days of contract award.

1.7.1.1. All work shall be completed within 30 calendar days of contract award, unless otherwise approved by the COR.

1.7.1.2. Should these dates change, the Contracting Officer will issue a modification to the contract reflecting the corrected date. The Contractor is required to proceed as originally scheduled until such modification is issued. The

Contracting Officer is the only official authorized to make changes to the contract.

1.8 Key Personnel

1.8.1. The Contractor shall submit a list of the points of contact pertaining to the delivery, setup and training on the Polaris machines. Submission shall include the person’s name, phone number, email and address for correspondence.

1.8.2 Reporting Procedures

1.8.2.1. All contractors must check in with Contracting Officers

Representative and Grounds Shop Supervisor. Available VA Staff will escort the contractors throughout the facility. The contractor will need to provide a debrief at the end of the delivery, setup, and training session to the COR and/or designee.

1.9 Place of Performance

1.9.2 The work shall be performed at the New Orleans VA Medical Center located at 2400 Canal St. New Orleans LA. 70119

1.9.3 Building 2- Diagnostics and Treatment Building room 4E122 Chemistry Lab

Area

1.10 Contracting Officer Representative (COR) Authority

1.10.2 In no event is the COR empowered to change any of the terms and conditions of the contract. All changes, to any section of this contract, shall be made only by the Contracting Officer pursuant to a properly executed modification. The types of actions within the purview of the COR’s authority are to ensure that the Contractor performs the technical requirements of the contract, and to notify the Contracting Officer of any deficiencies observed.

2. General Requirements

2.1. All written deliverables shall be phrased in layperson language.

2.2. The Government shall complete their review of draft deliverables within 5 business days from date of receipt. The Contractor shall have 5 business days to deliver the final deliverable from date of receipt of the Government’s comments.

3. Travel

3.1 The contractor is responsible for providing transportation/travel for all materials, supplies, personnel and all items needed for the duration of this contract unless stated otherwise elsewhere.

4. Government Responsibilities

4.1 The Government shall provide access to the facilities necessary for the contractor to visually inspect the firewall assembly and to provide deinstallation and removal of two laboratory casework systems:.

4.1.1 Designate a COR per VAAR 852.201-70.

4.1.2 Review deliverables and provide comments within 5 business days

4.1.3 Provide facility access and escort as required.

4.1.4 Provide available drawings and life-safety documentation

4.2 Removing Employees for Misconduct or Security Reasons. The Government may, at its sole discretion, direct the contractor to remove any contractor employee from U.S.

VA/VHA facilities for misconduct or security reasons. Removal does not relieve the

Contractor of the responsibility to continue providing the services required under any

Contract awarded. The Contracting Officer will provide the contractor with a written explanation to support any request to remove an employee.

5. Contractor Personnel Requirements

5.1Provide a qualified technicians meeting VHA Directive 7712 requirements.

5.2 Ensure compliance with all applicable VAAR clauses including PIV and information security.

5.3 Submit all deliverables in 508-compliant accessible formats.

5.4 Coordinate site access through the COR and comply with Chemistry Unit special security requirements.

5.5 Contractor employees shall present a professional appearance at all times, and their conduct shall not reflect discredit upon the United States and or the VA/VHA.

5.6 Conflict of Interest. The contractor shall not employ any person who is an employee of the United States Government if that employment would appear to cause a conflict of interest.

5.7 Smoking: Employees are strictly prohibited from smoking anywhere on the medical campus.

6. Protection of Person and Property

6.1 The contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work.

6.2 The contractor shall continuously maintain adequate protection of all work from damage and shall protect the Medical Center property from injury of loss arising in connection with this contract. The contractor shall make correct and make whole any such damage, injury or loss, except as may be by agents or employees of the Medical

Center.

6.3 In an emergency affecting the safety or life of individuals, or of the work, or of adjoining property, the contractor, without special instruction or authorization from the

Medical Center, is hereby permitted to act, at the contractor's discretion, to prevent such threatened loss or injury. Also, should the contractor, in order to prevent threatened loss or injury, be instructed or authorized to act by the Medical Center, he shall so act, without appeal. Any additional compensation or extension of time claimed by the contractor on account of any emergency work shall be determined by mutual agreement.

7.Security Requirement

7.1All contractor personnel must check in with their designated VA point of contact or other identified staff prior to beginning any work.

7.2 Physical Security & Safety Requirements:

7.1.1 All contractor personnel must check in with their designated VA point of contact or other identified staff prior to beginning any work. They shall sign in when entering the building and state the purpose of the visit.

7.1.2The Contractor and their personnel shall follow all VA policies, standard operating procedures, applicable laws and regulations while on VA property.

Violations of VA regulations and policies may result in citation and disciplinary measures for persons violating the law..

7.1.3Parking. VA does not provide parking spaces at the work site; the

Contractor must obtain parking at the work site if needed. It is the responsibility of the Contractor to park in the appropriate designated parking areas. VA will not invalidate or make reimbursement for parking violations of the Contractor under any conditions.

7.1.4 Smoking is prohibited inside/outside any building other than the designated smoking areas.

7.1.5 Possession of weapons is prohibited.

7.1.6 The Contractor shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract.

7.3The C&A requirements do not apply, and a Security Accreditation Package is not required.

8. Confidentiality and Nondisclosure

8.1It is agreed that:

8.1.1 The preliminary and final deliverables, and all associated working papers, application source code, and other material deemed relevant by VA which have been generated by the contractor in the performance of this statement of work, are the exclusive property of the U.S. Government and shall be submitted to the

CO at the conclusion of the task order.

8.1.2 The CO will be the sole authorized official to release, verbally or in writing, any data, draft deliverables, final deliverables, or any other written or printed materials pertaining to this statement of work. No information shall be released by the contractor. Any request for information relating to this statement of work presented to the contractor, shall be submitted to the CO for response.

9. Compliance with Applicable Laws/Regulations

9.1The Contractor shall ensure that services provided to the Government under this agreement comply with all applicable laws, statutes, regulations, and guidelines that govern the operation of systems by the Government. The Contractor shall also ensure that all services provided to the Government under this agreement comply with all

Government mandated procedures, standards, and requirements.

9.2 As the Government develops and implements new or modified policies and procedures either to comply with internal agency rules and procedures or to comply with applicable rules, regulations, statutes, or other binding obligations ("Additional

Compliance Terms"), the Government reserves the right to incorporate such

Additional Compliance Terms into this Agreement. The Contractor hereby acknowledges and agrees that such Additional Compliance Terms shall become part of this agreement. The Government shall provide the Contractor with prior written notice regarding the date by which the Contractor shall comply with each set of

Additional Compliance Terms ("Compliance Date"). Failure to comply with the

Additional Compliance Terms prior to the Compliance Date shall be cause for the

Government to immediately terminate this agreement. In the event that the

Government terminates this agreement because of the Contractor's failure to comply with Additional Compliance Terms by the Compliance Date, the Contractor shall be liable for such reasonable costs as may be associated with the Government’s efforts to procure a replacement Contractor and associated systems and services.

10 Safety Requirements

10.1 In the performance of this contract, the Government is seeking a contractor who can take such safety precautions as the Contracting Officer, or his/her designee, may determine to be reasonably necessary to protect the lives and health of occupants of the building.

10.2 The Contracting Officer (CO) or his/her designee will notify the contractor of any noncompliance with the foregoing provisions and the action to be taken. The contractor, after receipt of such notice, will be required to immediately correct the conditions to which attention has been directed. Such notice, when served on the contractor or his representative at the site of work, shall be deemed sufficient for the purpose aforesaid. If the contractor fails or refuses to comply promptly with such notice, the Contracting

Officer may issue an order stopping all or any part of the work and hold the contractor in default.

11.Hours of Operation

11.1 The contractor shall coordinate with the Grounds Shop to decide when delivery, setup, and training can be commenced. This can be performed during normal business hours when it does not interfere with building operations. Monday thru

Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closing. The Contractor may for his/her convenience request authorization in advance from the COR to work outside of regular working hours of regular work days at no additional cost to the facility. Authorization shall be at the discretion of the

COR.

11.2 Recognized Federal Holidays:

2.1.1. New Year’s Day

2.1.2. Martin Luther King Jr. Day

2.1.3. Washington’s Birthday (President’s Day)

2.1.4. Memorial Day

2.1.5. Independence Day

2.1.6. Labor Day

2.1.7. Columbus Day

2.1.8. Veterans Day

2.1.9. Thanksgiving

2.1.10. Christmas

11.3 If a holiday falls on Saturday or Sunday it is observed on Friday or Monday, respectively and no work shall be performed on these days without prior approval.

12. Invoice and Payment

12.1 Notwithstanding FAR 52.212-4, invoice shall be billed in arrears, and payment shall be processed upon the receipt of a properly prepared invoice. Payments will be made monthly via EFT (Electronic Fund Transfer) from the VA Financial Service

Center. All invoices shall reference both contract number and purchase order number which will be issued by the Contracting Officer. Contractor shall be responsible for ensuring that there is a correct purchase order number on the invoices. Invoices without purchase order number or with incorrect purchase order number will be rejected.

ADDITIONAL SIMPLIFIED ACQUISITION TERMS AND CONDITIONS

A.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)

A.2 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)

A.3 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

(a) Definitions. As used in this clause—

American Security Drone Act-covered foreign entity means an entity included on a list that the

Federal Acquisition Security Council (FASC) develops and maintains and publishes in the

System for Award Management (SAM) at https://www.sam.gov (section 1822 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

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

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

Limited.

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

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

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

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

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

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

Covered telecommunications equipment or services means—

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE

Corporation (or any subsidiary or affiliate of such entities);

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

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

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

Critical technology means—

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

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

Federal Regulations, and controlled—

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

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

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

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal

Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part

121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export

Control Reform Act of 2018 (50 U.S.C. 4817).

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

FASCSA order means any of the following orders issued under the Federal Acquisition Supply

Chain Security Act (FASCSA) requiring removing covered articles from executive agency information systems or excluding one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201-1.303(d) and (e):

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

FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.

(2) The Secretary of Defense may issue FASCSA orders that apply to the Department of

Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.

(3) The Director of National Intelligence (DNI) may issue FASCSA orders that apply to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a

DNI FASCSA order.

Information technology, as defined in 40 U.S.C. 11101(6)—

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—

(1) The Office of the Director of National Intelligence;

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the

Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;

(9) The Bureau of Intelligence and Research of the Department of State;

(10) The Office of Intelligence and Analysis of the Department of the Treasury;

(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or

(12) Such other elements of any department or agency as may be designated by the

President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.

Interconnection arrangement means arrangements governing the physical connection of two or more networks to allow the use of another’s network to hand off traffic where it is ultimately delivered (e.g., connecting a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Kaspersky Lab-covered article means any hardware, software, or service that—

(1) Is developed or provided by a Kaspersky Lab-covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a

Kaspersky Lab-covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a

Kaspersky Lab-covered entity.

Kaspersky Lab-covered entity means—

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab, including any change in name, e.g., “Kaspersky”;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab;

or

(4) Any entity of which Kaspersky Lab has a majority ownership.

National security system, as defined in 44 U.S.C. 3552, means any information system

(including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency—

(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or

(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.

Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information.

Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.

Subsidiary means an entity in which more than 50 percent of the entity is owned directly by a parent corporation or through…