RFQ 36C10B25Q0487 - SAVAHCS VSOM.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

36C10B25Q0487 09-10-2025

Steven Baum - Contract Specialist 848-377-5241 09-17-2025 10:00am EDT

36C10B

Department of Veterans Affairs Technology Acquisition Center 23 Christopher Way Eatontown NJ 07724

X 100

X

Y

513210

$47M

N/A

N/A

36C10B

Department of Veterans Affairs Technology Acquisition Center

36C10A

Department of Veterans Affairs Technology Acquisition Center Financial Services Center PO Box 149971 Austin TX 78714-8971

See CONTINUATION Page

See Section B.5: Price Schedule & B.6: Product Description

Points of Contact:

Contracting Officer Stefanie Applegate stefanie.applegate@va.gov

Contract Specialist Steven Baum steven.baum@va.gov

See CONTINUATION Page

Stefanie Applegate

36C10B25Q0487

TABLE OF CONTENTS:

REQUIREMENTS BACKGROUND……………………………………………………………..Page 3

PRICE SCHEDULE……………………………………………………………………………….Page 7

PRODUCT DESCRIPTION………………………………………………………………...…...Page 10

POINTS OF CONTACT…………………………………………………………………………Page 16

SECTION C – CONTRACT CLAUSES……………………………………………………….Page 17

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS…………...Page 27

SECTION E – SOLICITATION PROVISIONS………………………………………………..Page 28

BASIS OF AWARD…………………………………………………………………………..….Page 54

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 REQUIREMENTS BACKGROUND

This is a solicitation for commercial items prepared in accordance with (IAW) the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. Request for Quote (RFQ) 36C10B25Q0487 is issued to fulfill a requirement for video surveillance at the the Department of Veterans Affairs (VA) Healthcare Technology Management (HTM) Southern Arizona VA Healthcare System (SAVAHCS) campus style hospital.

This action is a 100% Small Business set-aside under North American Industrial Classification System (NAICS) Code 513210 “Software Publishers”, and Product Service Code (PSC) DA10 “IT and Telecom—Business Application/Application Development Software as a Service”.

Specific requirements are listed in the “Product Description” (PD) (see section B.6). All quotes shall contain the minimum information required under FAR Clause 52.212-1 Instructions to Offerors - Commercial Products and Commercial Services, to include its associated addendum (see E.8). All quotes received in response to this solicitation will be evaluated IAW the “Basis of Award” (see E.9). All quotes, IAW FAR 52.212-3 Offeror Representations and Certifications, Commercial Items, shall list the offeror’s Unique Entity ID (UEI) number, Commercial and Government Entity (CAGE) code, and company name, along with the name, phone number and email of the point of contact authorized to negotiate with the Government.

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

B.2 CONTRACT ADMINISTRATION DATA

1. All contract administration matters will be handled by the following:

GOVERNMENT:

Department of Veterans Affairs Technology Acquisition Center

Contracting Officer Contract Specialist Stefanie Applegate Steven Baum stefanie.applegate@va.gov steven.baum@va.gov

CONTRACTOR:

(To Be Filled In Upon Award)

2. All payments by the Government to the contractor will be made IAW:

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

3. Invoices shall be submitted in arrears:

a. Quarterly [ ]

b. Semi-Annually [ ]

c. Other [X] Payment shall be made IAW Section B.5 and B.6.

4. All Invoices from the contractor shall be submitted electronically IAW VA Acquisition Regulation (VAAR) Clause 852.232-72 Electronic Submission of Payment Requests.

(see website at: http://www.fsc.va.gov/einvoice.asp)

The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows: Amendment Number: N/A Date: N/A

B.3 GOVERNING LAW CLAUSE

Federal law and regulations, including the FAR, shall govern this Contract/Order.

Commercial license agreements may be made a part of this Contract/Order, but only if both parties expressly make them an addendum hereto, as permitted by FAR 12.212. If the commercial license agreement is not made an addendum, it shall not apply, govern, be a part of nor have any effect whatsoever on the Contract/Order. This includes, but is not limited to, any agreement embedded in the computer software (click-wrap), any agreement that is otherwise delivered with or provided to the Government with the commercial computer software or documentation (shrink-wrap), or any other license agreement otherwise referred to in any document. If a commercial license agreement is made an addendum, only those provisions addressing data rights regarding the Government’s use, duplication and disclosure of data (e.g., restricted computer software) are included and made a part of this Contract/Order, and only to the extent that those provisions are not duplicative or inconsistent with Federal law, Federal regulation, the incorporated FAR clauses and the provisions of this Contract/Order;

those provisions in the commercial license agreement that do not address data rights regarding the Government’s use, duplication and disclosure of data shall not be included or made a part of the Contract/Order. Federal law and regulation including, without limitation, the Contract Disputes Act (41 U.S.C. § 7101 et seq.), the Anti- Deficiency Act (31 U.S.C. § 1341 et seq.), the Competition in Contracting Act (41 U.S.C.

§ 3301 et seq.), the Prompt Payment Act (31 U.S.C. § 3901 et seq.), Contracts for Data Processing or Maintenance (38 USC § 5725), and FAR clauses 52.212-4, 52.227-14, 52.227-19 shall supersede, control, and render ineffective any inconsistent, conflicting, or duplicative provision in any commercial license agreement.

In the event of conflict between this clause and any provision in the Contract/Order or the commercial license agreement or elsewhere, the terms of this clause shall prevail.

The contractor shall deliver to the Government all data first produced under this Contract/Order with unlimited rights as defined by FAR 52.227-14. Claims of patent or copyright infringement brought against the Government as a party shall be defended by the U.S. Department of Justice (DOJ) IAW 28 U.S.C. § 516; at the discretion of DOJ, the contractor may be allowed reasonable participation in the defense of the litigation.

Any additional changes to the Contract/Order must be made by modification (Standard Form 30) and shall only be made by a warranted Contracting Officer. Nothing in this Contract/Order or any commercial license agreement shall be construed as a waiver of sovereign immunity.

B.4 SOFTWARE LICENSE, MAINTENANCE AND TECHNICAL SUPPORT

(1). Definitions.

a) Licensee. The term “licensee” shall mean the U.S. Department of Veterans

Affairs (“VA”) and is synonymous with “Government.”

b) Licensor. The term “licensor” shall mean the Contractor having the necessary license or ownership rights to deliver license, software maintenance and support of the computer software being acquired. The term “Contractor” is the party identified in Block 17a on the SF1449. If the Contractor is a reseller and not the Licensor, the Contractor remains responsible for performance under this Contract/Order.

c) Software. The term “software” shall mean the licensed computer software product(s) cited in the Schedule of Supplies/Services.

d) Maintenance. The term “maintenance” is the process of enhancing and optimizing software, as well as remedying defects. It shall include all new fixes, patches, releases, updates, versions and upgrades, as further defined below.

e) Technical Support. The term “technical support” refers to the range of services providing assistance for the software via the telephone, email, a website or otherwise.

f) Release or Update. The term “release” or “update” are terms that refer to a revision of software that contains defect corrections, minor enhancements or improvements of the software’s functionality. This is usually designated by a change in the number to the right of the decimal point (e.g., from Version 5.3 to 5.4). An example of an update is the addition of new hardware.

g) Version or Upgrade. The term “version” or “upgrade” are terms that refer to a revision of software that contains new or improved functionality. This is usually designated by a change in the number to the left of the decimal point (e.g., from Version

5.4 to 6).

(2). Software License.

a) Unless otherwise stated in the Schedule of Supplies/Services, the Performance Work Statement or Product Description, the software license provided to the Government is a perpetual, nonexclusive license to use the software.

b) The Government may use the software in a networked environment.

c) Any dispute regarding the license grant or usage limitations shall be resolved in accordance with the Disputes Clause incorporated in FAR 52.212-4(d).

d) All limitations of software usage are expressly stated in the Schedule of

Supplies/Services and the Performance Work Statement/Product Description.

(3). Software Maintenance and Technical Support.

a) If the Government desires to continue software maintenance and support beyond the period of performance identified in this Contract/Order, the Government will issue a separate contract or order for maintenance and support. Conversely, if a contract or order for continuing software maintenance and technical support is not received, the Contractor is neither authorized nor permitted to renew any of the previously furnished services.

b) The Contractor shall provide software support services, which includes periodic updates, enhancements and corrections to the software, and reasonable technical support, all of which are customarily provided by the Contractor to its commercial customers so as to cause the software to perform according to its specifications, documentation or demonstrated claims.

c) Any telephone support provided by Contractor shall be at no additional cost.

d) The Contractor shall provide all maintenance services in a timely manner in accordance with the Contractor’s customary practice or as defined in the Performance Work Statement or Product Description. However, prolonged delay (exceeding 2 business days) in resolving software problems will be noted in the Government’s various past performance records on the Contractor (e.g., www.cpars.gov).

e) If the Government allows the maintenance and support to lapse and subsequently wishes to reinstate it, any reinstatement fee charged shall not exceed the amounts that would have been charged if the Government had not allowed the subscription to lapse.

(4). Disabling Software Code. The Government requires delivery of computer software that does not contain any code that will, upon the occurrence or the nonoccurrence of any event, disable the software. Such code includes but is not limited to a computer virus, restrictive key, node lock, time-out or other function, whether implemented by electronic, mechanical, or other means, which limits or hinders the use or access to any computer software based on residency on a specific hardware configuration, frequency of duration of use, or other limiting criteria. If any such disabling code is present, the Contractor agrees to indemnify the Government for all damages suffered as a result of a disabling caused by such code, and the contractor agrees to remove such code upon the Government’s request at no extra cost to the Government. Inability of the Contractor to remove the disabling software code will be considered an inexcusable delay and a material breach of contract, and the Government may exercise its right to terminate for cause. In addition, the Government is permitted to remove the code as it deems appropriate and charge the Contractor for consideration for the time and effort expended in removing the code.

(5). Manuals and Publications. Upon Government request, the Contractor shall furnish the most current version of the user manual and publications for all products/services provided under this Contract/Order at no cost.

B.5 PRICE SCHEDULE

Vendors are instructed to complete Section B.5 below and submit with their quote.

Vendors are cautioned that alterations to the line items as specified below may render quotes unacceptable.

Any resulting contract will be awarded on a firm fixed-price basis, as defined by FAR

16.202. Accordingly, the Contractor shall ensure that any and all costs associated with the Contractor’s proposed application(s), software product(s), software solution, and/or system, shall be included in the Contractor’s proposed firm-fixed price, and shall serve as the Contractor’s firm fixed-price for the life of any resulting contract. No additional costs or fees relative to the Contractor’s proposed application(s), software product(s), software solution, and/or system including, but not limited to, licensing costs and any associated licensing maintenance required for the development, delivery, integration, operation, and/or maintenance of the Contractor’s proposed solution will be allowed, accepted, and/or paid by the Government. Physical delivery of hardware shall be within 14 days of award. Software and related support shall be delivered and rendered electronically. On-site vendor installation and training will occur within 30 days of award, unless a reasonable alternative timeframe is agreed upon.

B.5 PRICE SCHEDULE - Base Period

CLIN PART

NUMBER

DESCRIPTION QTY UNIT

PRICE

EXTENDED

PRICE

0001 XPETBL Milestone Expert Server Base

License PSC Code: DA10

1 $ $

0002 YXPETBL Milestone Expert BL 1YR Care Plus PSC Code: DA10

1 $ $

0003 XPETDL Milestone Expert Device License PSC Code: DA10

1,000 $ $

0004 YXPETDL Milestone Expert DL 1 YR Care Sup PSC Code: DA10

1,000 $ $

0005 MCPR-

YXPETDL

Milestone Expert DL 1YR Premium DL Sup PSC Code: DA10

1,000 $ $

0006 NAVRP-01 Network Audio and Video Recorder - Systems Portal / Plug‐in for connecting Milestone PSC Code: DA10

1 $ $

0007 D75M140TB2RL-

Recording Servers (to include shipping)

- 125 5MP H.265 @ 15FPS

- 45% 45 Days Archive

- 12 Bay - WS 2025 STD, XEON 16C CPU

- 64GB ECC RAM, HW RAID

Controller

- 2x 480GB M.2 SSD R1 OS

- 2x 3.84TB SSD R1 LIVE

- 7x 20TB SATA R5 ARCHIVE

- 2x Gb/2x 10Gb NIC

- 2x 800W PS, KB/M, 2U 2/4 Static Rack

- 3YR Basic NBD Hardware Warranty

- 3 Year HDD Mail-in Warranty

(ARCHIVE)

PSC Code: DA10

8 $ $

0008 D64M3.2TB1RL-

Management Server (to include shipping) WS 2025 STD, Xeon 16C, 32GB ECC RAM, 2x 480GB M2 SSD R1 OS, 4x 800GB SSD SATA R10 DB, 2x Gb NIC/2x 10Gb NIC, 2x 750W PS, 1U With Static Rails

- 3YR NBD Hardware Warranty, 3YR HDD Mail-in Warranty (DB) PSC Code: DA10

1 $ $

0009 n/a System Engineering hours for designing and architecting Milestone software on 8 recording servers and 1 management server PSC Code: DA10

1 $ $

0010 n/a System Engineering hours for installing, testing and validating Milestone software on 8 recording servers and 1 management server PSC Code: DA10

1 $ $

0011 n/a System Engineering hours for installation and networking of 8 recording servers and 1 management server PSC Code: DA10

0012 n/a System Engineering hours for connecting and configuring SAVAHCS cameras into Milestone PSC Code: DA10

1 $ $

0013 n/a System Engineering hours for installing, testing, validating Milestone client software on up to 4 client machines PSC Code: DA10

1 $ $

0014 n/a System Engineering hours for installing, configuring, testing, and validating LightHouse VMS Portals and devices for Milestone PSC Code: DA10

1 $ $

0015 n/a Training for SAVAHCS system and administrators PSC Code: DA10

1 $ $

0016 n/a Project Administration PSC Code: DA10

1 $ $

0017 n/a System Documentation, and Architecture Materials PSC Code: DA10

1 $ $

0018 n/a Two Sr. Engineers, 10 days on-site trip and 5 days on-site trip for installation configuration /testing services PSC Code: DA10

1 $ $

0019 n/a One Year Materials and Labor Services Maintenance PSC Code: DA10

TOTAL PRICE: $

B.6 PRODUCT DESCRIPTION

1.0 PRODUCT REQUIREMENTS

The Department of Veterans Affairs (VA) Healthcare Technology Management (HTM) requires the replacement of existing software, application servers, and video storage servers for the current Video Surveillance Operations Manager (VSOM) video surveillance program, at the Southern Arizona VA Healthcare System (SAVAHCS) campus style hospital (3601 South 6th Avenue, Tucson, AZ 85723). This product is used throughout the main facility and has been deemed critical in high alert areas. The system must operate without issue 24 hours a day, 7 days a week at SAVAHCS.

Technical training is required to ensure all users receive the necessary skills to perform duties within the updated system.

The period of performance for associated maintenance and support shall be 12 months from date of award; there are no option periods or optional tasks. Physical delivery of hardware shall be within 14 days of award. Software and related support shall be delivered and rendered electronically. On-site vendor installation and training will occur within 30 days of award, unless a reasonable alternative timeframe is agreed upon.

EQUIPMENT AND SOFTWARE REQUIREMENT

CAMERA USE PARAMETERS:

Parameter Value Camera Count 1000 Quality Resolution Up to 5MP Codec h.265 Complexity Medium-Low Continuous FPS 0 Motion FPS 15 Hours 24 Motion/Event % 45 Days of Retention 45 Resulting Bitrate (kbps) 3809.52

SERVER SPECIFICATIONS:

Product Quantity Configuration Server 8 2 x Xeon Silver 4210 @ 2.20GHz

32 GB EEC RAM Windows Windows Server 2025 Standard

OS and Application Volume – Disk Configuration

1 2 x 480 GB Minimum RAID 1

Live Database Disk Configuration

1 2 x Internal Enterprise SSD 3.84 TB RAID 1/10

Archive Database Disk Configuration

1 7 x Internal Enterprise HDD 20 TB RAID 5

PERFORMANCE EXPECTATIONS:

Parameter Value Server Video Storage 119.02 TB Server Disk Throughput Live DB 105.99 MB/s Server Disk Throughput Arch. DB 40.51 MB/s Server Disk Throughput Total 146.50 MB/s Estimated IOPs 745.15

THE CONTRACTOR SHALL PROVIDE THE FOLLOWING:

1.1 Software Materials and Licenses

Vendor to supply the following:

- Milestone XProtect Expert Server Base License - CLIN 0001

- Milestone XProtect Expert Base License one-year Care Plus - CLIN 0002

- Milestone XProtect Expert Device License for 1,000 devices - CLIN 0003

- Milestone XProtect Expert Device License one-year Care - CLIN 0004

Support for 1,000 devices

- Milestone XProtect Expert Device License one-year - CLIN 0005

Premium Support for 1,000 devices

- Audio & Video – Network Audio and Video Recorder - CLIN 0006

(NAVR) Systems Portal/Plug-in for connecting Milestone

1.2 Hardware Materials and Shipping

Vendor to supply the following:

• Recording Servers (x8) - CLIN 0007 o 125 5MP H.265 @ 15FPS o 45% 45 Days Archive o WS 2025 STD, XEON 16C CPU o 64 GB ECC RAM, HW RAID Controller o 2x 480GB M.2 SSD R1 OS o 2x 3.84TB SSD R1 LIVE o 7x 20TB SATA R5 ARCHIVE o 2X Gb/2x 10Gb NIC o 2x 800W PS, KB/M, 2U 2/4 Static Rack o 3YR Basic NBD Hardware Warranty o 3 Year Seagate HDD Mail-in Warranty o 8x Server Shipping Estimates

• Management Server (x1) - CLIN 0008 o WS 2025 STD, Xeon 16C, 32GB ECC RAM o 2x 480GB M2 SSD R1 OS o 4x 800GB SSD SATA R10 DB o 2x Gb NIC/2x 10Gb NIC o 2x 750W PS, 1U with Static Rails o 3YR Basic NBD Hardware Warranty o 3 Year Seagate HDD Mail-in Warranty (DB) o 1x Server Shipping Estimate

1.3 Milestone VMS / Lighthouse Software Installation / Configuration Services Vendor to supply the following:

- Design and architect of software on 8 recording - CLIN 0009 and 1 management servers, to include network design and implementation planning at vendor facility

- Install, test, and validate software on 8 recording - CLIN 0010 servers and 1 management server at vendor facility

- Installation and networking of 8 recording servers and - CLIN 0011 1 management server at client facility

- Connect and configure existing SAVAHCS cameras - CLIN 0012 into Milestone up to 80 hours at client facility

- Install, test, and validate client software on up to 4 client - CLIN 0013 machines at client facility

- Install, configure, test, and validate Lighthouse VMS - CLIN 0014 Portals and devices for Milestone VMS at client facility

- Project administration - CLIN 0016

- System documentation and architecture materials - CLIN 0017

- Integrate newly installed camera software into existing

Network Harbor, Inc Lighthouse software to ensure continuity of Police surveillance protocols

1.4 Technical Training

Vendor to provide the following technical training:

• Training to SAVAHCS system administrators on - CLIN 0015 camera setups, Milestone view creation, Lighthouse map icon placement and positioning, installing, and connecting new cameras, etc. at client facility.

1.5 Vendor On-site trip - CLIN 0018

Vendor to meet the following on-site requirements:

• Two Senior Engineers, 10 days on-site

• Two Senior Engineers, 5 days on-site for installation, configuration, and testing services

1.6 One Year Materials and Labor Services Maintenance - CLIN 0019

Vendor to provide the following:

• One (1) year system maintenance, to include full software maintenance, fixes, updates, software server maintenance, and user support with next business day ticket response (Mon-Fri)", and one (1) year camera software/system maintenance

2.0 NOTICE OF THE FEDERAL ACCESSIBILITY LAW AFFECTING ALL

INFORMATION AND COMMUNICATION TECHNOLOGY (ICT)

PROCUREMENTS (SECTION 508)

On January 18, 2017, the Access Board issued a final rule that updated accessibility requirements covered by Section 508 and refreshed guidelines for telecommunications equipment subject to Section 255 of the Communications Act. The final rule went into effect on January 18, 2018. The revisions and updates to the Section 508-based standards and Section 255-based guidelines are intended to ensure that information and communication technology (ICT) covered by the respective statutes is accessible to and usable by individuals with disabilities.

3.0 SECTION 508 – INFORMATION AND COMMUNICATION TECHNOLOGY (ICT)

STANDARDS

The Section 508 standards established by the Access Board are incorporated into, and made part of all VA orders, solicitations and purchase orders developed to procure ICT.

These standards are found in their entirety at: Revised 508 Standards and 255 Guidelines (access-board.gov). A single PDF file version of the Revised Section 508 Standards and 255 Guidelines will be supplied upon request, or can be obtained from the Access Board website. Federal agencies must comply with the Rehabilitation Act of 1973, as amended.

The Contractor shall comply with “508 Chapter 2: Scoping Requirements” for all electronic ICT and content delivered under this contract. Specifically, as appropriate for the technology and its functionality, the Contractor shall comply with the technical standards marked here:

☒ E205 Electronic Content – (Accessibility Standard -WCAG 2.0 Level A and AA Guidelines)

☒ E204 Functional Performance Criteria ☒ E206 Hardware Requirements ☒ E207 Software Requirements ☒ E208 Support Documentation and Services Requirements

COMPATABILITY WITH ASSISTIVE TECHNOLOGY

The standards do not require installation of specific accessibility-related software or attachment of an assistive technology device. Section 508 requires that ICT be compatible with such software and devices so that ICT can be accessible to and usable by individuals using assistive technology, including but not limited to screen readers, screen magnifiers, and speech recognition software.

ACCEPTANCE AND ACCEPTANCE TESTING

Deliverables resulting from this solicitation will be accepted based in part on satisfaction of Section 508 Chapter 2: Scoping Requirements standards identified above.

https://www.access-board.gov/ict/ https://www.access-board.gov/ict/

The Government reserves the right to test for Section 508 Compliance before delivery.

The Contractor shall be able to demonstrate Section 508 Compliance upon delivery.

INFORMATION TECHNOLOGY USING SUSTAINABLE PRODUCTS AND SERVICES

Not Applicable.

4.0 SHIPMENT OF HARDWARE OR EQUIPMENT

Inspection: Destination Acceptance: Destination Free on Board (FOB): Destination

Ship to and Mark For: Delivery will be marked for the POC below:

Name: Karla Sharbuno Office: 520-792-1450 x13775 Email: karla.sharbuno@va.gov

4.1 SPECIAL SHIPPING INSTRUCTIONS

Physical delivery of hardware shall be to B14 Warehouse at 3601 S 6th Ave Tucson, AZ 85723, within 14 days of award. On-site vendor installation and training will occur within 30 days of award, unless a reasonable alternative timeframe is agreed upon. Software and related support shall be delivered and rendered electronically.

5.0 GENERAL REQUIREMENTS

5.1 VA TECHNICAL REFERENCE MODEL

The Contractor shall comply with the VA OIT Technical Reference Model (VA TRM).

Compliance with the VA TRM is achieved by using only technologies and standards that are listed as approved for use in the VA TRM. The Contractor shall provide all necessary information requested by VA to ensure TRM approval is obtained prior to use on VA’s network.

5.2 ZERO TRUST – VA CRITICAL SECURITY CONTROLS

VA has established minimum mandatory security requirements and requires that any network connected software system or service must meet the VA Critical Security Controls as outlined in the VA Memorandum, “VA Security Controls”, https://www.voa.va.gov/DocumentView.aspx?DocumentID=5010. VA Critical Security Controls identify the minimum mandatory requirements that must be implemented across all VA enterprise infrastructure, cloud computing environments, information systems, networks, and specialized devices (medical devices/systems, special-purpose systems, and research scientific computing devices) that process, store, and/or transmit VA data. Effective July 1, 2025, the Contractor shall implement these VA Critical https://www.voa.va.gov/DocumentView.aspx?DocumentID=5010

Security Controls, within any network connected software system or service prior to being authorized for use in the VA. This functional requirement is not negotiable, and Plan of Action & Milestones (POAM) will not be accepted in the event these controls cannot be implemented for new systems. Critical Security Controls are intended to increase VA’s security posture and provide security and privacy risk visibility into the VA network and is not a new requirement. The Contractor’s failure to maintain these VA Critical Controls after implementation will result in VA discontinuing the use of the system.

5.3 SOCIAL SECURITY NUMBER (SSN) REDUCTION

The Contractor solution shall support the Social Security Number (SSN) Fraud Prevention Act (FPA) of 2017 which prohibits the inclusion of SSNs on any document sent by mail. The Contractor support shall also be performed in accordance with Section 240 of the Consolidated Appropriations Act (CAA) 2018, enacted March 23, 2018, which mandates VA to discontinue using SSNs to identify individuals in all VA information systems as the Primary Identifier. The Contractor shall ensure that any new IT solution discontinues the use of SSN as the Primary Identifier to replace the SSN with the Integrated Control Number (ICN) in all VA information systems for all individuals. The Contractor shall ensure that all Contractor delivered applications and systems integrate with the VA Master Person Index (MPI) for identity traits to include the use of the ICN as the Primary Identifier. The Contractor solution may only use a Social Security Number to identify an individual in an information system if and only if the use of such number is required to obtain information VA requires from an information system that is not under the jurisdiction of VA.

5.4 INTERNET PROTOCOL VERSION 6 (IPV6)

The Contractor solution shall support IPv6-Only based upon the memo issued by the Office of Management and Budget (OMB) on November 19, 2020 (https://www.whitehouse.gov/wp-content/uploads/2020/11/M-21-07.pdf). Which defines IPv6-only as the state of an operational system or service when IPv4 protocol functions (addressing, packet forwarding) are not in use. The NIST USGv6 profile defines technical requirements for a product to be capable of operating in IPv6-Only environments. IPv6-Only technology, in accordance with the USGv6 Program (https://www.nist.gov/programs-projects/usgv6-program/usgv6-revision-1), NIST Special Publication (SP) 500-267B Revision 1 “USGv6 Profile” (https://doi.org/10.6028/NIST.SP.500-267Br1), and NIST SP 800-119 “Guidelines for the Secure Deployment of IPv6” (https://doi.org/10.6028/NIST.SP.800-119), compliance shall be included in all IT infrastructures, application designs, application development, operational systems and sub-systems, and their integration. In addition to the above requirements, all devices, applications, and systems shall support all applicable functionality on native IPv6-Only as well as dual stack (IPv6 / IPv4) connectivity without additional memory or other resources being provided by the Government, so that they can function in a mixed environment. All public/external facing servers and services (e.g., web, email, DNS, ISP services, etc.) shall support native IPv6-Only and dual stack (IPv6 / IPv4) users and all internal infrastructure and applications shall support using native IPv6-Only and dual stack (IPv6 / IPv4) for all functionality and operations.

https://www.whitehouse.gov/wp-content/uploads/2020/11/M-21-07.pdf https://www.nist.gov/programs-projects/usgv6-program/usgv6-revision-1 https://doi.org/10.6028/NIST.SP.500-267Br1 https://doi.org/10.6028/NIST.SP.800-119

5.5 SOFTWARE AND LICENSING REQUIREMENTS

The Contractor shall be responsible for the provision of all software licenses and any associated licensing maintenance required for any development, delivery, integration, operation, and/or maintenance associated with its proposed application(s), software products, software solution, and/or system including, but not limited to, any and all application(s), software and/or software products that comprise, are a part of, or integrate with the Contractor’s proposed application(s), software products, software solution, and/or system for the life of any resulting contract.

5.6 TRUSTED INTERNET CONNECTION (TIC)

The Contractor solution shall meet the requirements outlined in Office of Management and Budget Memorandum M-19-26, “Update to the Trusted Internet Connections (TIC) Initiative“ (https://www.whitehouse.gov/wp-content/uploads/2019/09/M-19-26.pdf), VA Directive 6513 “Secure External Connections”, and shall comply with the TIC 3.0 Core Guidance Documents, including all Volumes and TIC Use Cases, found at (https://www.cisa.gov/publication/tic-30-core-guidance-documents.)

6.0 POINTS OF CONTACT

VA Program Manager:

Name: Karla Sharbuno – Biomedical Engineer, VHA Office: 520-792-1450 x13775 Email: karla.sharbuno@va.gov

Contracting Officer’s Representative (COR) / Alternate Program POC Name: Miguel Granado – Electronics Section Supervisor, VHA Voice: 520-792-1450 x16234 Email: miguel.granado@va.gov

Contracting Officer:

Name: Stefanie Applegate Voice: 848-377-5198 Email: stefanie.applegate@va.gov

Contract Specialist:

Name: Steven Baum Voice: 848-377-5241 Email: steven.baum@va.gov

ADDENDUM B – VA INFORMATION AND INFORMATION SYSTEM

SECURITY/ PRIVACY LANGUAGE

Not applicable; no privacy or security language is required per VA Handbook 6500.6 Appendix A Security Checklist.

https://www.whitehouse.gov/wp-content/uploads/2019/09/M-19-26.pdf https://www.cisa.gov/publication/tic-30-core-guidance-documents

SECTION C - CONTRACT CLAUSES

C.1 FAR 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):

FAR: https://www.acquisition.gov/browse/index/far

VAAR: https://www.acquisition.gov/vaar

CLAUSE CLAUSE TITLE DATE

NUMBER

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY AUG 2020

CODE MAINTENANCE

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL NOV 2023

PRODUCTS AND COMMERCIAL SERVICES

52.227-1 AUTHORIZATION AND CONSENT JUN 2020

52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND JUN 2020

COPYRIGHT INFRINGEMENT

852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE DEC 2022

852.203-70 COMMERCIAL ADVERTISING MAY 2018

852.222-71 COMPLIANCE WITH EXECUTIVE ORDER 13899 (DEVIATION) (APR 2025)

852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS NOV 2018

852.242-71 ADMINISTRATIVE CONTRACTING OFFICER OCT 2020

852.246-71 REJECTED GOODS OCT 2018

852.247-71 DELIVERY LOCATION OCT 2018

(End of Clause) https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/vaar

C.2 FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (FEB 2025 DEVIATION)

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

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

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

115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-

77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[ X ] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[ X ] (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712);

this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

[ X ] (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

___ (6) [Reserved].

___ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

[ X ] (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

[ X ] (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) ( Pub. L. 115–390, title II).

[ X ] (11) (i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(Dec 2023) ( Pub. L. 115–390, title II).

__ (ii) Alternate I (Dec 2023) of 52.204-30.

[ X ] (12) 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Jan 2025) ( 31 U.S.C. 6101 note).

___ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).

___ (14) [Reserved].

___ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C. 657a).

___ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

___ (17) [Reserved]

[ X ] (18) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

___ (ii) Alternate I (Mar 2020) of 52.219-6.

___ (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

___ (ii) Alternate I (Mar 2020) of 52.219-7.

[ X ] (20) 52.219-8, Utilization of Small Business Concerns (Jan 2025)( 15 U.S.C. 637(d)(2) and (3)).

___ (21)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2025) ( 15 U.S.C. 637(d)(4)).

___ (ii) Alternate I (Nov 2016) of 52.219-9.

___ (iii) Alternate II (Nov 2016) of 52.219-9.

___ (iv) Alternate III (Jun 2020) of 52.219-9.

___ (v) Alternate IV (Jan 2025) of 52.219-9.

___ (22)(i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

___ (ii) Alternate I (Mar 2020) of 52.219-13.

[ X ] (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 657s).

___ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C.

637(d)(4)(F)(i)).

___ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) (15 U.S.C. 657f).

[ X ] (26) (i) 52.219-28, Post-award Small Business Program Re-representation (Jan 2025)(15 U.S.C. 632(a)(2)).

___ (ii) Alternate I (Mar 2020) of 52.219-28.

___ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

___ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).

___ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)).

___ (30) 52.219-33, Non-manufacturer Rule (Sep 2021) ( 15 U.S.C. 637(a)(17)).

[ X ] (31) 52.222-3, Convict Labor (Jun 2003) (E.O. 11755).

[ X ] (32) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2025)( E.O.

13126).

___ (33) [Reserved] ___ (34)(i) [Reserved] ___ (ii) [Reserved]

[ X ] (35)(i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).

___ (ii) Alternate I (Jul 2014) of 52.222-35.

___ (36) (i) [Reserved] ___ (ii) Alternate I (Jul 2014) of 52.222-36.

[ X ] (37) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).

[ X ] (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

[ X ] (39)(i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

___ (40) 52.222-54, Employment Eligibility Verification (Jan 2025) ( Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

___ (41)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA– Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) ( 42 U.S.C. 7671, et seq.).

___ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) ( 42 U.S.C. 7671, et seq.).

___ (44) 52.223-20, Aerosols (May 2024) ( 42 U.S.C. 7671, et seq.).

___ (45) 52.223-21, Foams (May 2024) ( 42 U.S.C. 7671, et seq.).

___ (46) 52.223-23, Sustainable Products and Services (May 2024)[(DEVIATION FEB 2025)] (7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

___ (47)(i) 52.224-3 Privacy Training (Jan 2017) ( 5 U.S.C. 552 a).

___ (ii) Alternate I (Jan 2017) of 52.224-3.

___ (48)(i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).

___ (ii) Alternate I (Oct 2022) of 52.225-1.

___ (49)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C.

chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109- 53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

___ (ii) Alternate I [Reserved].

___ (iii) Alternate II (Jan 2025) of 52.225-3.

___ (iv) Alternate III (Feb 2024) of 52.225-3.

___ (v) Alternate IV (Oct 2022) of 52.225-3.

___ (50) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[ X ] (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

___ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007)(42 U.S.C.

5150).

___ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[ X ] (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) ( E.O. 13513).

___ (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

___ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

___ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

[ X ] (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).

___ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

[ ] (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).

[ X ] (63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub.

L. 118-31, 41 U.S.C. 3901 note prec.).

___ (64) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

___ (65)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

___ (iii) Alternate II (Nov 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

___ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

___ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

___ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

___ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

___ (10) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (Jan 2025) ( 49 U.S.C. 40118(g)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(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 subpart 4.7, Contractor Records Retention, of the 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 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.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products…