Combined 15BFA025Q00000249.pdf

U.S. Department of Justice Federal Bureau of Prisons Administration Division

Field Acquisition Office Grand Prairie, Texas 75051

Dear Quoter:

Attached is a solicitation package prepared by the Federal Bureau of Prisons, Field Acquisition Office, for the provision of an Oven located FCC Terra Haute, IN. This package contains all necessary information to submit a quote.

Quoters should consider all the information provided herein when submitting quotes. Please carefully follow all instructions located in the solicitation package concerning the content, format and submission of your quotes.

All potential quoters are advised that this solicitation includes the provision at FAR 52.204-7, System for Award Management (SAM), of this provision requires that all quoters doing business with the Federal Government to be registered in the SAM database. Quoters should include their Unique Entity Identifier (UEI) in their quotes. The Contracting Officer will verify registration in the SAM database prior to the award by entering the potential awardees’ UEI into the SAM database. Failure to complete the registration procedures outlined in this clause may result in elimination from consideration for award. For the purposes of this solicitation, all quoters SAM registration should include NAICS code 333241.

If you have questions about the System for Award Management (SAM), Government procurements in general, or need assistance in the preparation of your quote, a local Procurement Technical Assistance Center (PTAC) may be able to help. The Procurement Technical Assistance Program was authorized by Congress in 1985 in an effort to expand the number of businesses capable of participating in the Government marketplace. To locate a PTAC near you, go to http://www.aptac-us.org.

Please ensure you review and complete the following sections of the solicitation:

1. FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

2. FAR 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (May 2024)

3. Section 5.1 Quote Submission Requirements and Instructions.

Quotes shall be received on or before the deadline specified on Page 1, in Block 8 of the solicitation.

Quotes shall be submitted electronically via email to rcalandra@bop.gov in pdf format only and will be deemed received at the time as indicated on the email notification. Faxed and hand delivered quotes will not be accepted.

Please submit any questions you may have in writing no later than 1 week prior to the solicitation closing date. Questions may be submitted via email to rcalandra@bop.gov.

Sincerely, //s// R. Calandra, Contracting Officer

15BFA025Q00000249 Page 1 of 66

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 AND 30.

1. REQUISITION NUMBER

15B41824PR000350

PAGE 1 OF

5. SOLICITATION NUMBER

15BFA025Q00000249

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

07/22/2025

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE / LOCAL

TIME

09/05/2025 11:00 ET

CODE BFAO

Federal Bureau of Prisons

Field Acquisition Office

U.S. Armed Forces Reserve Complex

346 Marine Forces Drive

Grand Prairie, TX 75051

9. ISSUED BY UNRESTRICTED OR X SET ASIDE:100.00 % FOR

X SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

8(A)

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

333241

SIZE STANDARD:

200 Employees

10. THE ACQUISITION IS

SEE SCHEDULE

11. DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

NET 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER THE

DEFENSE PRIORITIES AND

ALLOCATIONS SYSTEM -

DPAS (15 CFR 700)

13b. RATING

X REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

14. METHOD OF SOLICITATION

15B418CODE15. DELIVER TO

Federal Bureau of Prisons FCC Terre Haute 4700 Bureau Road South Contracting Office Terre Haute, IN 47802

CODE 15B41816. ADMINISTERED BY

Federal Bureau of Prisons FCC Terre Haute 4700 Bureau Road South Contracting Office Terre Haute, IN 47802

FACILITY

CODE

CODE

TELEPHONE NUMBER

17a. CONTRACTOR/

OFFEROR

15B418CODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons FCC Terre Haute 4700 Bureau Road South Contracting Office Terre Haute, IN 47802

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER SEE ADDENDUM

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

The provision of one oven and all necessary components in accordance with specifications. FCC Terre Haute will install.

UEI: ____________________

CAGE: ________________

Email: ________________________

Firm Fixed Price

See Continuation Sheet(s) (Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

X 27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

ARE X 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 ____ COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REFERENCE _____________________________

OFFER DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK

5) INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE 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 THE CONTRACTING OFFICER (Type or print)

Ronald Calandra

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

07/22/2025

15BFA025Q00000249 Page 2 of 66

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 11/2021) BACK

15BFA025Q00000249 Page 3 of 66

Table of Contents

Section Description Page Number

Solicitation/Contract Form 1 Commodity or Services Schedule 2 Contract Clauses

DOJ-02 Contractor Privacy Requirements (JAN 2022) DOJ-05 Security of Department Information and Systems DOJ-05 (OCT 2023) 52.212-5 (DEV) Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Jan 2025) (DEVIATION FEB 2025)

3 List of Attachments 4 Solicitation Provisions

52.212-3 (DEV) Offeror Representations and Certifications-Commercial Products and Commercial Services (May 2024) (DEVIATION FEB 2025)

15BFA025Q00000249 Page 4 of 66

Section 1 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 A REVENT Model: 724-GCG Oven, brand name or approved equal. All necessary components in accordance with specifications. FCC Terre Haute will install.

PSC: 7320

Delivery Schedule:

Quantity: 1.000000

Delivery Address: Federal Bureau of Prisons FCC Terre Haute 4700 Bureau Road South Contracting Office Terre Haute, IN 47802

1 EA $________ $_________________

Total Aggregate Pricing: $ _______________________

Estimated delivery lead time: ____________________

2.1 Price Methodology

Award of a contract will be made to the quoter who submits a quotation, conforming to the requirements of the solicitation, determined to be the best value to the Government considering price and past performance history.

2.2 Specifications

REPLACE CAMP OVEN- PROJECT 24Z4AW9

FEDERAL CORRECTIONAL CAMP- Terre Haute, Indiana

INTRODUCTION

The Federal Bureau of Prisons, FCC Terra Haute, located at 4200 Bureau Road North, Terre Haute, IN 47808 intends to make a single award, on a firm fixed price contract, to responsible entity that will provide one oven.

FCC Terra Haute will install.

1. REQUIREMENT

1.1 OBJECTIVE

The Contractor shall provide to the Federal Bureau of Prisons (FBOP) all necessary labor, equipment, materials and related services for a REVENT Model: 724-GCG Oven, brand name or approved equal the Federal Correctional Camp Terre Haute located at 4200 Bureau Road North, Terre Haute, VIGO, IN 47808. The contractor will provide a REVENT Model: 724-GCG Oven, brand name or approved equal for delivery, start-up, and certifications on the REVENT Model: 724-GCG Oven, brand name or approved equal.

1.2 BRAND NAME OR EQUAL

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(2) New REVENT Model: 724-GCG Oven, brand name or approved will be accepted. Should a quotation be issued by a contractor for equal products, the contractor shall submit all product information/specification for the equal products in the contractor's quote.

1.3 CONTRACTOR RESPONSIBILITIES:

Contractor shall be responsible for the procurement, delivery of equipment, start-up and certifications.

Contractor will be certified/authorized by the manufacturer to perform start-up.

Contractor shall take all necessary precautions to ensure against all damage to the existing property. Any damaged items shall be repaired or replaced by the Contractor, at no additional cost to the contract, nor the Government.

Contractor shall coordinate with the Government Point of Contact (POC) to coordinate delivery schedule.

Contractor will be permitted to wear jeans in the institution. The clothes will be proper and suitable for the services that are being provided.

Lunches will be consumed at the work site. The contractor shall ensure they have everything they need for their lunch when they check-in first thing in the morning.

Federal smoking policy on Federal property states that smoking is only allowed in designated areas. This policy will be strictly enforced

The contractor will be responsible for notifying the Facilities Department if any interruption of service.

1.4 GOVERNMENT RESPONSIBILITIES:

The FBOP will provide a secure lay-down area for storage of all equipment and material deliveries from the Contractor. The FBOP does not take any responsibility for the security of such equipment and materials. The Contractor will work thru the POC to address any security issues relating to storage.

The Government will perform install.

1.5 UTILITIES

The FBOP will provide restroom services. Contractor will use staff restrooms.

1.6 SECURITY/WORKING HOURS

A. All work is to be completed between the hours of 8:00 AM - 3:00 PM, Monday- Friday, excluding weekends and federal holidays.

8. Any work required to be completed at any other time than noted above must be scheduled five (S} working days prior to the start of the work and approved by the Facility Manager and Contracting Officer.

C. No work will be conducted on weekends, or federal holidays.

1.7 DELIVERY OF MATERIALS

A. All construction materials/equipment required for work on this project is required to be processed by the Contractor and coordinated with the POC for temporary storage.

B. All other construction related deliveries which are directly shipped to the contractor can be received between the hours of 7:30 AM - 3:00 PM, Monday - Friday, excluding federal holidays. At no point will a FBOP staff member receive or sign for a delivery if the contractor or his representative is not present to verify and accept the delivery.

C. Under no circumstances will the FBOP or its staff be responsible for the acceptance of any Contractor or company deliveries.

15BFA025Q00000249 Page 6 of 66

D. The Contractor shall be responsible to provide for loading and unloading contractor material and equipment.

FBOP equipment will not be used.

E. The Contractor shall not use the driveway ramp for the loading, unloading, or storage of any materials or equipment. The contractor will not impede/block the driveway ramp at any time during or after the work shift.

1.8 STORAGE OF MATERIALS AND EQUIPMENT

All construction material/tools shall be stored in a designated area mutually agreed upon between the Government POC and the contractor. All tools will be inventoried prior to entering the institution. At the start of each workday all tools will be inventoried out on a daily tool inventory sheet and at the end of the workday all tools will be inventoried back in to ensure accurate accountability of all tools at the end of each workday.

1.9 SECURITY CLEARANCE/CONTRACTOR BADGES.

A. All contractors/sub-contractors (no exceptions} working on the grounds of FCC Terre Haute will pass a security clearance prior to entry.

B. The contractor will be responsible for providing the necessary information for security clearance on the paperwork for employees to a designated person (POC) that will be the point of contact.

C. In the event a contractor's employee does not pass the security clearance, it shall be the contractor's responsibility to submit another employee for security clearance.

D. All security clearances shall be submitted to a designated person (POC), a minimum of ten working days after receiving the packets. Security clearances will be in effect for the term of up to one year, prior to the expiration period ending September 30 of each calendar year.

E. All contractors and sub-contractor employees will provide a check list of all employees on site-each day to the Government POC, verifying the number of workers on site each day and that all workers are pre-approved to be on the site.

1.10 ADDITIONAL INFORMATION

1. 1. A. Restrictions on Contract Workers - The contractor shall not supervise the adults in custody (AIC), supervise Bureau of Prisons staff, participate in AIC accountability, requisition, sign for, or pick up supplies, formulate policy or procedures, or attend meetings, staff recalls or staff functions.

B. Adult In Custody (AIC) Management- The provision of services under this proposed contract will require frequent and unsupervised contact with AICs. The contractor will not be responsible for the management of AICs except to ensure that those AICs involved in activities within the contractor's scope of work shall abide by all rules, in effect, to ensure the safety and well-being of all participants. The contractor will report any infractions of rules and regulations by any AIC to the Facility Manager or the Government Point of Contact.

C. Institution Security - The Contractor agrees to adhere to all regulations prescribed by the institutions in regards to the safety, custody, and conduct of AICs. The Bureau of Prisons requires all non-employees to sign in and out of the institution for security reasons. Contractor will be required to attend a one-time orientation program, consisting of approximately four (4) hours, prior to performing any services under this contact. The date and time for this orientation will be mutually agreed upon by both parties.

D. Method of Performance - The contractor has sole responsibility and discretion for choosing and implementing the manner and method of performing tasks outlined in this Statement of Work as long as the requirements are met in accordance with the policies described above.

The requirement, although not directly supervised, shall be reviewed by institution Facilities staff to ensure contract compliance. The contractor's performance will be evaluated in accordance with FAR Part 42. Contract monitoring reports will be prepared by the Government POC and maintained in the contract file.

2. TECHNICAL SPECIFICATIONS

2.1 INTRODUCTION:

15BFA025Q00000249 Page 7 of 66

The performance called for in this Statement of Work (SOW) consists of providing all necessary equipment and materials and related services to include the delivery and startup of a REVENT Model:

724-GCG Oven, brand name or approved. This work shall be performed in strict accordance with this SOW. All recommendations suggested by the manufacturer will be included in the installation.

2.2 SCOPE OF WORK

The Contractor shall provide to the Federal Bureau of Prisons (FBOP} all necessary labor, equipment, materials and related services for a REVENT Model: 724-GCG Oven, brand name or approved equal, at the Federal Correctional Camp Terre Haute, at 4200 Bureau Road North, Terre Haute, VIGO, IN 47808. The contractor will provide a REVENT Model: 724-GCG Oven for delivery, start-up, and certifications for brand name or approved equal. Should a quotation be issued by a contractor for equal products, the contractor shall submit all product information/specification for the equal products in the contractor's quote.

2.3 SUBMITTALS

A. Product Data:

1. A written list of all materials for use in this project.

2. Manufacturer's literature, specifications, recommendations and installation instructions for lntelliHOT

Water Heater.

B. Warranty:

1. Sample copy of manufacturer's standard warranty stating obligations, remedies, limitations, and exclusions of warranty.

C. Closeout Submittals:

1. Manufacturer's maintenance Instructions.

2.4 DELIVERY, STORAGE, AND HANDLING

A. Deliver Oven to warehouse in original containers with seals unbroken and labeled with manufacturer's name, product brand and type date of manufacture, and directions for storing and mixing with other components.

2.5 PROJECT CONDITIONS

A. Work will be completed at the Camp Facility.

2.7 WARRANTY

A. Standard Manufacturer's Warranty: Submit a written warranty, without monetary limitation, signed by manufacturer, agreeing to promptly repair resulting from defects in materials or workmanship for a period of not less than 1 year.

2.8 Detailed Sepecifications

Specifications

• TCC (Total Convection Control) system

• HVS (High Volume Steam) system

• Maximum Heat Capacity 343,000 btuh

• Temperature range 95-572°F

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• Total shipping weight 4200 lbs*

• Minimum intake opening 34.5”x69.3” (standard 3 section + steam box delivery)

• Minimum intake opening 69.3”x80.3”(optional one-piece shipment)

• Minimum section tilt up height: 112.1” (without motor)

• Swing Diameter 50.39”

• Max load of racklift and platform 882 lbs

• Steam Generation 2.25 gals/20 sec at 482°F

Electrical:

• Standard 3PH208-220V+N 16A

Natural Gas:

• 343,000 btuh @ 7-14” w.c and ¾” drop to ½” NPT

Water Supply:

• 1/2 ” ø 35-45 PSI, cold

• Drain 32 mm

• Water quality/Chemical analysis Revent Int. requirement

• Magnesium, Mg <30 mg/ml

• Calcium, Ca 20 - 100 mg/l

• Hardness 4,0 - 7,0 dH

• pH at 20#C 7,5 - 8,5 pH

• Alkalinity >60 m/l

• Chlorides <10 mg/l

• Conductivity 200 - 800 mS/cm

Combustion flue:

• Directly from top of oven connect 8” tee with barometric damper (included with oven). A damper draft inducer (included with oven) will be installed into 8 “single wall combustion exhaust pipe. 8” type “B” vent from top of draft inducer will continue on through the roof.

Options to be included:

• Rack lifts for most types of racks including A-lift, B-lift, Baxter lift, C-lift, D-lift, Lucks lift

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• Platform

• Heavy Duty Steam system

• Type 1 canopy

• GIAC extended PC software

• Pass-through version

• Left hinged door.

• Core temp sensor kit.

• Prison package

• USDA package (Upgrade of steel to A304)

3. PRODUCTS

3.1 MANUFACTURERS

REVENT Model: 724-GCG Oven or approved brand name equal.

3.2 PREPARATION

1. 1. A. The contractor will deliver the new Oven to the Outside Warehouse. The contractor will be responsible for the assembly of the oven if needed.

B. The contractor will go thru a startup and operation of the Oven with maintenance staff.

END OF STATEMENT OF WORK

2.3 Special Contract Conditions

The Bureau of Prisons, Field Acquisition Office, intends to award a firm-fixed price contract for the provision of water heaters to be delivered to Federal Correctional Institution FCC Terra Haute, located at 4200 Bureau Road North, Terre Haute, IN 47808. General information about the facility is available at www.bop.gov.

Performance Period:

The contractor shall submit an estimated lead time for delivery. It is anticipated that a award will be made by approximately 6 September 2025 with a projected effective date of 7 September 2025.

Place of Performance/Point of Acceptance Federal Correction Camp Terra Haute 4200 Bureau Road North, Terre Haute, IN 47808

Reviews: The Contracting Officer or designee is authorized to review by on-site survey, review of records, or by any other reasonable manner, the quality of supplies rendered under this contract. All records shall be subject to review by the Contracting Officer or other representative of the BOP. Payments will be denied when such service does not support the charges or if the service is deemed not necessary or appropriate. Such determinations may be made by the Contracting Officer or Contracting Officer Representative (COR), whichever is appropriate. All records shall be subject to review by the Contracting Officer or other delegated representatives of the BOP.

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Contracting Officer Responsibility: Authority to negotiate changes in the terms, conditions, or amounts cited in this contract is reserved to the Contracting Officer. This responsibility may be delegated to an Administrative Contracting Officer by the Contracting Officer.

Contract Administration Office (CAO): The Contracting Office at FCC Terra Haute is assigned to be the CAO for a resultant Purchase Order. This assignment carries with it the authority to perform all normal contract administration functions as listed in FAR 42.303(a), items 1 through 71; to the extent those functions apply to this Purchase Order.

This assignment also includes delegation of authority to perform functions specified in FAR 42-302(b), items 1 through 11.

Requirements for Security Clearances: The Contractor will not be subject to Government supervision, except for security related matters and monitoring of contract performance. The following investigative procedures may be applied, and appropriate forms completed before any Contractor employees are permitted inside an institution:

1. National Crime Information Center (NCIC) check;

2. Declaration of Federal Employment (OF-306);

3. FD-258 (fingerprint check);

4. Law Enforcement Agency checks;

5. Vouchering of Employers;

6. Employment Resume;

7. Completed Contractor Pre-employment Questionnaire;

8. Release of Information;

9. Questionnaire for Sensitive Positions (SF-85 for Low Risk, SF-85P for above low risk);

10.Credit Check, if applicable;

11.Urinalysis, if applicable.

Quoters should also note that clause DOJ-03, Personnel Security Requirements for Contractor Employees (Nov 2021) requires that contractor personnel have a "favorable credit report". Quoters are strongly encouraged to pre-screen potential candidates for credit issues before submitting the candidate to FCC Terra Haute.

By submitting a quote, the contractor and its employees agree to complete the required documents and undergo the listed procedures. An individual who does not pass the security clearance will be unable to enter the Bureau facility. Any individual employed by the contractor who is deemed not suitable by the Bureau requirements will not be granted access to perform services under the contract. This is a condition of the contract. Finally, the contractor shall be in compliance with 8 CFR 274a regarding employment of aliens.

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Section 2 - Contract Clauses

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023)

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

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

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

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

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

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

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.--

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

15BFA025Q00000249 Page 13 of 66

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

destination.

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

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction

15BFA025Q00000249 Page 14 of 66 of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

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

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

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

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

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

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

40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, 15BFA025Q00000249 Page 15 of 66 fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

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

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

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

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

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

(End of clause)

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023)

The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4.

Clauses By Full Text

52.252-2 Clauses Incorporated by Reference (Feb 1998)

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

[Insert one or more Internet addresses]

(End of clause)

52.204-13 System for Award Management Maintenance (Oct 2018)

(a) Definitions. As used in this clause--

"Electronic Funds Transfer (EFT) indicator" means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management (SAM) records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

"Registered in the System for Award Management (SAM)" means that--

15BFA025Q00000249 Page 16 of 66

(1) The Contractor has entered all mandatory information, including the unique entity identifier and the EFT indicator (if applicable), the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into the SAM;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record "Active".

"System for Award Management (SAM)" means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes--

(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12; and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

"Unique entity identifier" means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b) If the solicitation for this contract contained the provision 52.204-7 with its Alternate I, and the Contractor was unable to register prior to award, the Contractor shall be registered in SAM within 30 days after award or before three days prior to submission of the first invoice, whichever occurs first.

(c) The Contractor shall maintain registration in SAM during contract performance and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement. The Contractor is responsible for the currency, accuracy and completeness of the data within SAM, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in SAM after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in SAM to ensure it is current, accurate and complete. Updating information in SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(d) (1) (i) If a Contractor has legally changed its business name or "doing business as" name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to--

(A) Change the name in SAM;

(B) Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (d)(1)(i) of this clause, or fails to perform the agreement at paragraph (d)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims).

Assignees shall be separately registered in the SAM. Information provided to the Contractor's SAM record that indicates

15BFA025Q00000249 Page 17 of 66 payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the EFT clause of this contract.

(3) The Contractor shall ensure that the unique entity identifier is maintained with the entity designated at www.sam.gov for establishment of the unique entity identifier throughout the life of the contract. The Contractor shall communicate any change to the unique entity identifier to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the unique entity identifier does not necessarily require a novation be accomplished.

(e) Contractors may obtain additional information on registration and annual confirmation requirements at https:// www.sam.gov.

(End of clause)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(a) Definitions. As used in this clause--

"Inverted domestic corporation" means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

"Subsidiary" means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

(b) If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period of performance of this contract, the Government may be prohibited from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.

(c) Exceptions to this prohibition are located at 9.108-2.

(d) In the event the Contractor becomes either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting Officer within five business days from the date of the inversion event.

(End of clause)

52.232-18 Availability of Funds (Apr 1984)

Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984)

Funds are not presently available for performance under this contract beyond __________. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise

15BFA025Q00000249 Page 18 of 66 for performance under this contract beyond __________, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023)

(a)(1) In accordance with 31 U.S.C. 3903 and 10 U.S.C. 3801, within 15 days after receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

(2) The Contractor agrees to make such payments to its small business subcontractors without any further consideration from or fees charged to the subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial products or commercial services.

(End of clause)

52.233-3 Protest after Award (Aug 1996)

(a) Upon receipt of a notice of protest (as defined in FAR 33.101) or a determination that a protest is likely (see FAR 33.102(d)), the Contracting Officer…