RFQ 36C26225Q0209.pdf
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- Solicitation number
- 36C26225Q0209
About this file
This is a Request for Quotes (RFQ) issued by the Department of Veterans Affairs Network Contracting Office 22 for lone worker device/service for VA Loma Linda Healthcare System's home care and community worker programs. The requirement includes devices with GPS/GNSS location tracking, 24/7/365 dispatch support, 4G connectivity with WiFi capability, and features like a "Red Alert" panic button, incapacitation alert function, and check-in/check-out capabilities for employees working in the field away from VA facilities.
The RFQ is an unrestricted full and open competition with quotes due by January 6, 2025 at 7:00 AM PST. This is a brand name or equal requirement for SoloProtect monitoring service and devices (Model 977TOUCH), with a base period plus four 1-year options. The contract will support multiple community-based programs including Caregiver Support, Healthcare for Homeless Veterans, Mental Health Intensive Case Management, HUD-VASH Programs, and Veterans Justice Outreach. Contractors must be authorized dealers/distributors of the proposed solution and provide documentation dated within 90 days of quote submission. Award will be made on lowest price technically acceptable basis to a responsible offeror meeting all requirements.
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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
605-25-1-058-0003
36C26225Q0209 12-23-2024
Anthony Dela Cruz 562-766-2284 01-06-2025
7:00 am PST
36C262
Department of Veterans Affairs
Network Contracting Office 22
4811 Airport Plaza Drive
Suite 600
Long Beach CA 90815
X
334290
800 Employees
NET 30
N/A
X
36C605
Department of Veterans Affairs
Loma Linda Healthcare System
Ambulatory Care Center
26001 Redlands Boulevard
Redlands, CA 92373-7762
36C262
Department of Veterans Affairs
Network Contracting Office 22
4811 Airport Plaza Drive
Suite 600
Long Beach CA 90815
Department of Veterans Affairs
Financial Services Center
Submit invoices electronically to:
https://www.tungsten-network.com
Tungsten support: 1-877-489-6135
See CONTINUATION Page
RFQ 36C26225Q0209 is a Brand name or Equal requirement for lone worker device/service in accordance with (IAW) B.2, B.3,and B.4. The contractor shall show clear, and compelling evidence they meet all requirements of this solicitation.
Award will be made IAW ADDENDUM to FAR 52.212-1 INSTRUCTIONS
TO OFFERORS – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES, and
FAR 52.212-2 EVALUATION-COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES.
This RFQ is unrestricted full and open competition in the open market IAW FAR 12 Acquisition of Commercial Products & FAR 13
Simplified Acquisition Procedures.
Please provide quote for all line items (0001-4003).
All quotes must be received by Monday January 6, 2025.
See CONTINUATION Page
X
Dela Cruz, Anthony VA-VHA-RPOW-2024-0101
Contracting Officer https://www.tungsten-network.com/
36C26225Q0209
Table of Contents
SECTION A
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS
AND COMMERCIAL SERVICES
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
B.2 PRICE/COST SCHEDULE
ITEM INFORMATION
B.3 SALIENT CHARACTERISTICS
B.4 STATEMENT OF WORK
SECTION C - CONTRACT CLAUSES
C.1 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE,
AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB COVERED
ENTITIES (DEC 2023)
C.2 52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN
2023)
C.3 52.207-5 OPTION TO PURCHASE EQUIPMENT (FEB 1995)
C.4 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS
AND COMMERCIAL SERVICES (NOV 2023)
C.5 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT
STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (NOV 2024)
C.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
C.7 52.219-33 NONMANUFACTURER RULE (SEP 2021)
C.8 52.225-1 BUY AMERICAN—SUPPLIES (OCT 2022)
C.9 52.225-5 TRADE AGREEMENTS (NOV 2023)
C.10 52.225-6 TRADE AGREEMENTS CERTIFICATE (FEB 2021)
C.11 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR
1984)
C.12 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
C.13 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023) ... 36
C.14 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS
(NOV 2018)
C.15 52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984)
C.16 VAAR 852.246-71 REJECTED GOODS (OCT 2018)
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS
SECTION E - SOLICITATION PROVISIONS
E.1 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS
AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
E.2 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT
ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)
E.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)
E.4 52.211-6 BRAND NAME OR EQUAL (AUG 1999)
E.5 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES
E.6 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES (NOV 2021)
E.7 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—
COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)
E.8 52.216-1 TYPE OF CONTRACT (APR 1984)
E.9 52.233-2 SERVICE OF PROTEST (SEP 2006)
E.10 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE
RESOLUTION (OCT 2018)
E.11 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
1. Contract Administration: All contract administration matters will be handled by the following individuals:
a. CONTRACTOR:
b. GOVERNMENT: Contracting Officer 36C262 Anthony.DelaCruz@va.gov
Department of Veterans Affairs
Network Contracting Office 22
4811 Airport Plaza Drive
Suite 600
Long Beach CA 90815
2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or
[] 52.232-36, Payment by Third Party
3. INVOICES: Invoices shall be submitted in arrears:
a. Quarterly []
b. Semi-Annually []
c. Other [X] Invoice for Supplies and Services - Upon Delivery, and
Approved Receiving Report of Supplies and services.
4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment
Requests.
Department of Veterans Affairs Financial Services Center
P.O. Box 149971 Submit invoices electronically to:
http://www.tungsten-network.com
B.2 PRICE/COST SCHEDULE
ITEM INFORMATION
ITEM
NUMBER
DESCRIPTION OF
SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
95.00 EA _______________ ___________
CONTRACTOR MUST PROVIDE MANUFACTURER PART
NUMBER (MPN) FOR ALL EQUAL TO BRAND NAME ITEMS.
SOLOPROTECT MONITORING SERVICE
Contract Period: Base POP Begin: 01-27-2025 POP End: 01-26-2026 PRINCIPAL NAICS CODE: 334290 - Other Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 6350 - Miscellaneous Alarm, Signal, and Security Detection Systems
MANUFACTURER PART NUMBER (MPN): 977TOUCH
NUMBER (MPN) FOR ALL EQUAL TO BRAND NAME ITEMS.
SOLOPROTECT ADD-ON CHECK IN/CHECK OUT
Contract Period: Base POP Begin: 01-27-2025 POP End: 01-26-2026 PRINCIPAL NAICS CODE: 334290 - Other Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 6350 - Miscellaneous Alarm, Signal, MANUFACTURER PART NUMBER (MPN): 977CS
NUMBER (MPN) FOR ALL EQUAL TO BRAND NAME ITEMS.
SOLOPROTECT ADD-ON MAN-DOWN (INCAPACITATION)
Contract Period: Base POP Begin: 01-27-2025 POP End: 01-26-2026 PRINCIPAL NAICS CODE: 334290 - Other Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 6350 - Miscellaneous Alarm, Signal, MANUFACTURER PART NUMBER (MPN): 977MDS
NUMBER (MPN) FOR ALL EQUAL TO BRAND NAME ITEMS.
SOLOPROTECT MONITORING SERVICE
Contract Period: Option 1 POP Begin: 01-27-2026 POP End: 01-26-2027 PRINCIPAL NAICS CODE: 334290 - Other Communications Equipment Manufacturing
PRODUCT/SERVICE CODE: 6350 - Miscellaneous Alarm, Signal, NUMBER (MPN) FOR ALL EQUAL TO BRAND NAME ITEMS.
SOLOPROTECT ADD-ON CHECK IN/CHECK OUT
Contract Period: Option 1 POP Begin: 01-27-2026 POP End: 01-26-2027 PRINCIPAL NAICS CODE: 334290 - Other Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 6350 - Miscellaneous Alarm, Signal, NUMBER (MPN) FOR ALL EQUAL TO BRAND NAME ITEMS.
SOLOPROTECT ADD-ON MAN-DOWN (INCAPACITATION)
Contract Period: Option 1 POP Begin: 01-27-2026 POP End: 01-26-2027 PRINCIPAL NAICS CODE: 334290 - Other Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 6350 - Miscellaneous Alarm, Signal, NUMBER (MPN) FOR ALL EQUAL TO BRAND NAME ITEMS.
SOLOPROTECT MONITORING SERVICE
Contract Period: Option 2 POP Begin: 01-27-2027 POP End: 01-26-2028 PRINCIPAL NAICS CODE: 334290 - Other Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 6350 - Miscellaneous Alarm, Signal, NUMBER (MPN) FOR ALL EQUAL TO BRAND NAME ITEMS.
SOLOPROTECT ADD-ON CHECK IN/CHECK OUT
Contract Period: Option 2 POP Begin: 01-27-2027 POP End: 01-26-2028 PRINCIPAL NAICS CODE: 334290 - Other Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 6350 - Miscellaneous Alarm, Signal, NUMBER (MPN) FOR ALL EQUAL TO BRAND NAME ITEMS.
SOLOPROTECT ADD-ON MAN-DOWN (INCAPACITATION)
Contract Period: Option 2 POP Begin: 01-27-2027 POP End: 01-26-2028 PRINCIPAL NAICS CODE: 334290 - Other Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 6350 - Miscellaneous Alarm, Signal, NUMBER (MPN) FOR ALL EQUAL TO BRAND NAME ITEMS.
SOLOPROTECT MONITORING SERVICE
Contract Period: Option 3 POP Begin: 01-27-2028 POP End: 01-26-2029 PRINCIPAL NAICS CODE: 334290 - Other Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 6350 - Miscellaneous Alarm, Signal, NUMBER (MPN) FOR ALL EQUAL TO BRAND NAME ITEMS.
SOLOPROTECT ADD-ON CHECK IN/CHECK OUT
Contract Period: Option 3 POP Begin: 01-27-2028 POP End: 01-26-2029 PRINCIPAL NAICS CODE: 334290 - Other Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 6350 - Miscellaneous Alarm, Signal, NUMBER (MPN) FOR ALL EQUAL TO BRAND NAME ITEMS.
SOLOPROTECT ADD-ON MAN-DOWN (INCAPACITATION)
Contract Period: Option 3 POP Begin: 01-27-2028 POP End: 01-26-2029 PRINCIPAL NAICS CODE: 334290 - Other Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 6350 - Miscellaneous Alarm, Signal, NUMBER (MPN) FOR ALL EQUAL TO BRAND NAME ITEMS.
SOLOPROTECT MONITORING SERVICE
Contract Period: Option 4 POP Begin: 01-27-2029 POP End: 01-26-2030 PRINCIPAL NAICS CODE: 334290 - Other Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 6350 - Miscellaneous Alarm, Signal, NUMBER (MPN) FOR ALL EQUAL TO BRAND NAME ITEMS.
SOLOPROTECT ADD-ON CHECK IN/CHECK OUT
Contract Period: Option 4 POP Begin: 01-27-2029 POP End: 01-26-2030 PRINCIPAL NAICS CODE: 334290 - Other Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 6350 - Miscellaneous Alarm, Signal, NUMBER (MPN) FOR ALL EQUAL TO BRAND NAME ITEMS.
SOLOPROTECT ADD-ON MAN-DOWN (INCAPACITATION)
Contract Period: Option 4 POP Begin: 01-27-2029 POP End: 01-26-2030 PRINCIPAL NAICS CODE: 334290 - Other Communications Equipment Manufacturing PRODUCT/SERVICE CODE: 6350 - Miscellaneous Alarm, Signal, GRAND TOTAL ___________
B.3 SALIENT CHARACTERISTICS
Device operates independently with GPS & GNSS location tracking and with 24/7/365 dispatch support that is easily worn with the Employee’s badge lanyard. Requires single touch operation with 4G connectivity and enhanced battery life. Wi-Fi capability and is operated by the assigned employee while operating as a lone worker in the field away from VA Property and away from the protection of VA Police.
1) In non-emergency situations, Operators can connect with the employee and provide standby assist in locations or areas where the lone VA employee is conducting field-based visits in unsafe environments.
2) Does not require access to VA network. Allows the employee to connect directly with
Operator within 4.9 seconds through cell phone technology.
3) Operators can “listen” to the employee or relay any emergency issues to nearest dispatch or 911 operator. Two-way communication is also available.
4) Red Alert “Panic Button” option for field-based employees when access and use of cell phones is not available. Connects directly to 24/7 Emergency Dispatch Center
(Similar to hitting F9 F11 to request VA Police assistance while on VA grounds).
5) Operator is able to access information and escalation details for the device and its user and connect directly with dispatch and facilitate need for escalation with local emergency services.
6) Incapacitation Alert function: that detects sudden fall with a 1-minute period of non-movement. Should there be a sudden fall, slip, trip, or victim of an attack; dispatcher will assess the incapacitation alert within 60 seconds to begin the escalation process for emergency response if needed.
7) In non-emergency situations, Operators can connect and provide standby assist in locations or areas where the lone VA employee is conducting field-based visits in unsafe environments.
8) Check-in/Check-out function: Allows the VA Employee to check in with operator to provide location and safety information before entering a dead zone where there is no cell reception.
B.4 STATEMENT OF WORK
GENERAL: Veterans Affairs Loma Linda Healthcare System Home, 26001 Redlands Blvd., Redlands, CA. 92373, has a requirement for lone worker device/service for home care and community worker programs. This procurement is necessary to address the increase in safety events which include but not limited to sexual harassment, sexual assault, physical aggression, and verbal threats of harm. Furthermore, VA employee’s that are required to provide services in the field have reported experiencing significant psychological distress/injury from the direct and indirect experiences of disruptive behaviors. This level of threat has negatively impacted work routines specifically for the HUD-VASH staff working at housing-based projects and has resulted in increased distress for HUD-VASH supervisors and leadership who are concerned about the significant threats of safety to their staff. The sought out lone worker device/service will improve timely notification of local law enforcement and emergency services while staff are out in the community and experience a disruptive event that increases the risk of harm to staff.
BACKGROUND: Community-based programs including Caregiver Support Program (CSP), Health Care for Homeless Veterans (HCHV), Mental Health Intensive Case Management (MHICM), HUD-VASH Programs, and Veteran's Justice Outreach (VJO) are required to travel frequently throughout the community which increases the risk of encountering situations that places them at risk for harm (Bussing & Hoge, 2004). Civil unrest, domestic violence, and aggression in a home environment or entering environments where other VA staff or police are not present increases the likelihood of delayed awareness when a staff member is harmed or in danger. Staff are dependent on the ability to grab a VA issued smart phone, unlock the phone and then dial 911 while trying to flee from an unsafe situation. The device/service allows staff to push a button on a device which is located on lanyard or on their personal ID work badge holder on the outside of their shirt. The silent alarm does not emit an audible signal which prevents others from being aware that help was activated and does not further escalate a dangerous situation. The monitoring company will listen in and call for help when signs of struggles, distress, or silence is detected.
With expanding demand for increased in-home care, little research and evidence is available that demonstrates proven techniques to increase personal safety. VA-Loma Linda community-based healthcare workers currently report to various service lines and information on safety events is not well known outside of individual programs. This project impacts multiple services that will experience increased (staff satisfaction related to enhanced personal safety) psychological safety, physical safety, and ultimately greater job satisfaction with community based assignments. The WVPP (Workplace Violence Prevention Program) is continuing to work towards enhancing safety protocols, policies, procedures, and safety precautions for employees and the veterans our front-line employee’s serve.
SCOPE: VA-Loma Linda is requesting contractor to provide a specific service that utilizes leased equipment due to the listed salient characteristics in this section that meets the safety requirements of the VA Staff working within the VA - Loma Linda community-based programs.
PHYSICAL CHARACTERISTICS: The implementation of safety device for lone workers in the community will have far reaching implications for direct care staff. This project impacts multiple services that will experience increased staff satisfaction related to enhanced personal safety.
There may be an opportunity to use data to better understand the number of safety events occurring on an on-going basis.
FUNCTIONAL AND PERFORMANCE CHARACTERISTICS: Equipment must provide the following functional and performance capability based on evidenced based research on personal safety standards, using recommendations from home care and emergency management experts, and endorsed by local end-users. Additional function, performance and salient characteristics include:
• Must come with 24/7/365 monitoring.
• Check-in/Check-out feature.
• Incapacitation/Man-Down detection.
• Silent notification signal.
• GPS/GNS dual signal detection and reporting.
• Badge holder appearance to the public.
• Immediate notification to emergency services.
• Escalation notification to VHA when safety alert sent or man-down detected.
• Ongoing customer support.
Manufacturer: SoloProtect Model Number(s): SoloProtect ID
PERFORMANCE MONITORING: Lone worker safety device will operate on charge and allow for GPS/GNS location detection when powered on.
POTENTIAL REQUIREMENT GROWTH: The Government may require additional effort in order to successfully accomplish the Government’s scope of this requirement. The Government reserves the right to include services at additional locations with VISN 22 facilities as required and funding becomes available. In accordance with Federal Acquisition Regulation 52.212-4, any changes in the terms and conditions of this contract may be made only by written agreement of the Contractor and Government. The price for services at additional locations are to be determined upon agreement between the Contractor and the Government via bi-lateral modification at the Government’s request.
POINT OF CONTACT:
Tyson.Chung@va.gov
OFFICE: (909) 825-7084
(SOW end)
SECTION C - CONTRACT CLAUSES
C.1 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE,
SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY
LAB COVERED ENTITIES (DEC 2023)
(a) Definitions. As used in this clause—Kaspersky Lab covered article means any hardware, software, or service that—
(1) Is developed or provided by a Kaspersky Lab covered entity;
(2) Includes any hardware, software, or service developed or provided in whole or in part by a
Kaspersky Lab covered entity; or
(3) Contains components using any hardware or software developed in whole or in part by a
Kaspersky Lab covered entity.
Kaspersky Lab covered entity means—
(1) Kaspersky Lab;
(2) Any successor entity to Kaspersky Lab, including any change in name, e.g., ‘‘Kaspersky’’;
(3) Any entity that controls, is controlled by, or is under common control with Kaspersky
Lab; or
(4) Any entity of which Kaspersky Lab has a majority ownership.
(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal
Year 2018 (Pub. L. 115–91) prohibits Government use of any Kaspersky Lab covered article.
The Contractor is prohibited from—
(1) Providing any Kaspersky Lab covered article that the Government will use on or after
October 1, 2018; and
(2) Using any Kaspersky Lab covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.
(c) Reporting requirement. (1) In the event the Contractor identifies a Kaspersky Lab covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the
Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.
https://dibnet.dod.mil/ https://dibnet.dod.mil/
(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:
(i) Within 3 business days from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; brand; model number (Original
Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number);
item description; and any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: Any further available information about mitigation actions undertaken or recommended.
In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a Kaspersky Lab covered article, any reasons that led to the use or submission of the
Kaspersky Lab covered article, and any additional efforts that will be incorporated to prevent future use or submission of Kaspersky Lab covered articles.
(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts including subcontracts for the acquisition of commercial products or commercial services.
(End of Clause)
C.2 52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION
(JUN 2023)
(a) Definitions. As used in this clause—
Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance
Limited.
Information technology, as defined in 40 U.S.C. 11101(6)—
(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—
(i) Of that equipment; or
(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;
(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but
(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.
(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L.
117–328), the No TikTok on Government Devices Act, and its implementing guidance under
Office of Management and Budget (OMB) Memorandum M–23–13, dated February 27, 2023, ‘‘No TikTok on Government Devices’’ Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the
Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M–23–13.
(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services.
(End of Clause)
C.3 52.207-5 OPTION TO PURCHASE EQUIPMENT (FEB 1995)
(a) The Government may purchase the equipment provided on a lease or rental basis under this contract. The Contracting Officer may exercise this option only by providing a unilateral modification to the Contractor. The effective date of the purchase will be specified in the unilateral modification and may be any time during the period of the contract, including any extensions thereto.
(b) Except for final payment and transfer of title to the Government, the lease or rental portion of the contract becomes complete and lease or rental charges shall be discontinued on the day immediately preceding the effective date of purchase specified in the unilateral modification required in paragraph (a) of this clause.
(c) The purchase conversion cost of the equipment shall be computed as of the effective date specified in the unilateral modification required in paragraph (a) of this clause, on the basis of the purchase price set forth in the contract, minus the total purchase option credits accumulated during the period of lease or rental, calculated by the formula contained elsewhere in this contract.
(d) The accumulated purchase option credits available to determine the purchase conversion cost will also include any credits accrued during a period of lease or rental of the equipment under any previous Government contract if the equipment has been on continuous lease or rental. The movement of equipment from one site to another site shall be “continuous rental.”
(End of Clause)
C.4 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The
Government must exercise its post-acceptance rights—
(1) Within a reasonable time after the defect was discovered or should have been discovered;
and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims
Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the
Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the
Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the
Contracting Officer of the cessation of such occurrence.
(g) Invoice.
(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, line item number and, if applicable, the order number;
(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;
(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by
Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.
(i) Payment.—
(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
(2) Prompt payment. The Government will make payment in accordance with the Prompt
Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.
(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-
5(b) for the appropriate EFT clause.
(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected line item or subline item, if applicable; and
(D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting
Officer.
(6) Interest.
(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the
Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.
(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—
(A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.
(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.
(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the
Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The
Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the
Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.
(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.
(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.
(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.
(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain
Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.
(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:
(1) The schedule of supplies/services.
(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with
Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;
(3) The clause at 52.212-5.
(4) Addenda to this solicitation or contract, including any license agreements for computer software.
(5) Solicitation provisions if this is a solicitation.
(6) Other paragraphs of this clause.
(7) The Standard Form 1449.
(8) Other documents, exhibits, and attachments
(9) The specification.
(t) [Reserved]
(u) Unauthorized Obligations.
(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service
(TOS), or similar legal instrument or agreement, that includes any clause requiring the
Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:
(i) Any such clause is unenforceable against the Government.
(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.
(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.
(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.
(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
(End of Clause)
C.5 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO
IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES (NOV 2024)
(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:
[] (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.)
[] (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).
[] (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, or Proposed for Debarment. (NOV 2021) (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).
[X] (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]
[] (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.
[] (20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)).
[] (21)(i) 52.219–9, Small Business Subcontracting Plan (SEP 2023) (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 (SEP 2023) 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.
[] (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 Representation (FEB 2024) (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, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).
[] (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).
[X] (32) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (FEB 2024)
(E.O. 13126).
[X] (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
[X] (34)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).
[] (ii) Alternate I (FEB 1999) of 52.222-26.
[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.
[X] (36)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C.
793).
[] (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).
[] (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 (MAY 2022). (E. O. 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.).
[X] (46) 52.223-23, Sustainable Products and…
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