RFQ 36C26225Q1162.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

664-25-3-5280-0093

36C26225Q1162 07-16-2025

Anthony Dela Cruz 562-766-2284 07-28-2025

7:00 AM PDT

36C262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

X

334210

1250 Employees

NET 30 N/A

X

36C664

Department of Veterans Affairs VA San Diego Healthcare System Jennifer Moreno Medical Center 3350 La Jolla Village Drive San Diego CA 92161-0002

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

This solicitation is unrestricted full and open competition in the open market.

RFQ 36C26225Q1162 is requirement for Emergency Phone Call Box System in accordance with (IAW) B.2 and B.3.

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.

ALL QUOTES MUST BE RECEIVED BY JULY 28, 2025 7:00 AM PDT.

There is no NMR Class Waiver under NAICS 334210 for Emergency Phone Call Box System.

See CONTINUATION Page 3650162-5280-850100-2580 010050192

Anthony C. Dela Cruz

VA-VHA-RPOW-2024-0101

36C26225Q1162

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 STATEMENT OF WORK

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

C.2 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE,

AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB COVERED

ENTITIES (DEC 2023)

C.3 52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN

2023)

C.4 52.213-4 TERMS AND CONDITIONS—SIMPLIFIED ACQUISITIONS (OTHER

THAN COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES) (JAN 2025)

C.5 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 32

C.6 52.225-1 BUY AMERICAN—SUPPLIES (OCT 2022)

C.7 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

C.8 VAAR 852.211-70 EQUIPMENT OPERATION AND MAINTENANCE MANUALS

(NOV 2018)

C.9 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023)

C.10 VAAR 852.219-76 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SUPPLIES AND PRODUCTS (NOV 2022)

C11 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.12 VAAR 852.246-71 REJECTED GOODS (OCT 2018)

C.13 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

C.14 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JAN 2025) (DEVIATION FEB 2025)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2025) ... 49

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

E.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.5 52.211-6 BRAND NAME OR EQUAL (AUG 1999)

E.6 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

E.7 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

E.9 52.216-1 TYPE OF CONTRACT (APR 1984)

E.10 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.11 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.12 VAAR 852.239-75 INFORMATION AND COMMUNICATION TECHNOLOGY

ACCESSIBILITY NOTICE (FEB 2023)

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/Services – Upon Delivery and Approved receiving report of supplies/service

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.

Submit invoices electronically to:

https://portal.tungsten-network.com/ mailto:Anthony.DelaCruz@va.gov https://portal.tungsten-network.com/

B.2 STATEMENT OF WORK

EMERGENCY PHONE CALL BOX SYSTEM INSTALLATION AND MAINTENANCE PLAN

(A) The intent of this Request for Quote is to enter into a one-year, Firm-Fixed-Price contract with optional years for installation, hardware maintenance and support, applicable software updates, and service calls for the Emergency Phone Call Box System. The period of performance shall be 364 days from the award date.

(B) The vendor shall provide all labor, materials, supplies, and software updates required to install and maintain the Emergency Call Box equipment.

SCHEDULE OF SERVICES: The intent of the Government is to award a Firm-Fixed Price contract for installation, hardware maintenance, and technical support for the Emergency Call Box System.

Locations: (664) VA San Diego Healthcare System

3350 La Jolla Village Drive

San Diego, CA 92161

ITEM # DESCRIPTION EST QTY UNIT

1 Emergency Call Box Installation and Maintenance Plan for the following VA San Diego Healthcare System main

San Diego VA Medical Center Campus

BLDG 27

BLDG 20

North Side Behind Con-Ex Box

West Crosswalk at Garage 1 and UCSD Parking Lot

4 12 Months

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK:

The contractor will install and configure four Emergency Phone Call Boxes with High- Visibility Blue Emergency Lighting, three of which will be solar-powered and one of which will be AC-powered. The contractor will also provide an annual cellular voice and data service plan to provide continuous 24-hour emergency communication within the VA San Diego Healthcare System.

The vendor will utilize the existing emergency call box poles. Provide all mounting hardware required for both pole-mounted and wall-mounted configurations. Ensure that emergency phone call boxes are compliant with the Americans with Disabilities Act (ADA) for accessibility. Ensure secure installation with all fasteners and protective coverings to prevent weather-related damage and tampering.

No removal or replacement of existing infrastructure shall occur without the prior approval of COR. Upon completion, perform final testing and demonstrate system operation to the COR. Dispose of any removed materials or replaced components in accordance with applicable environmental regulations.

EMERGENCY PHONE CALL BOXES INSTALLATION REQUIREMENTS

• Universal Mounted Solar Powered (3)

• Universal Mount Housing

• 20W Solar panel

• 17AH Battery

• Antenna

• Wall-mounted AC-powered (1)

• Wall Mount Housing

• AC, 17AH Battery

• Antenna

• Faceplate, 1 Button LX200 Verizon Wireless (4)

• One button

• Call Connect Light

• Location Description Plate

• 4G wireless radio activated on the 4G Wireless Network with caller Identification

• Preprogrammed for direct dial to 10-digit answer point

• 1 Single Button Faceplate with Faceplate Camera Verizon (4)

• Faceplate, 1B, LX200, Camera

• Emergency Phone Mounting Kit for Generic Pole (Emergency phone)

• Emergency Phone Mounting Kit for Generic Pole (Emergency phone)

• E Phone 2nd Blue Strobe Kit w/LED Strip (AC)

• Emergency Phone 2nd Blue Strobe Kit w/LED Strip (AC) For Wall

Mounted Phone

• E Service Kit

• Tower CB Service Kit

• Emergency Management System Professional Application

• Includes Essential capabilities -Realtime Map -Realtime Alerts Report

• Email/Text Message notification Term: January 1, 20XX to December 31, 20XX

• Full-Service Maintenance Plan

• Full-Service Maintenance Plan

• Annual Voice & Data Service Plan - 4G Frontline

• Annual Voice & Data Service Plan Base Year

• The contractor will provide a copy of all materials for installed equipment. Include serial and model numbers, purchase or manufacturer date and warranty details, installation instructions, and as-builts.

MAINTENANCE PLAN: The service also includes all necessary intervening service calls required to repair an instrument. Intervening services will be rendered as directed by the COR.

All services (PMI’s and intervening service calls) shall be performed in accordance with original manufacturer’s specifications and FDA guidelines.

The vender shall provide labor, materials, and on-site hardware and software maintenance support for a period of 12 months. This support shall include report generation, software upgrades, OS patches, virus protection, system configuration, response plan implementation and other such support required for operation.

Software maintenance and support will include, but is not limited to, the following:

1. Remote service support

2. On-site service support

3. Emergency Call Box /Software/Firmware updates (new releases) as available

The vender shall provide, in accordance with the characteristics and specifications contained in this statement of work, Emergency Management System. All software components shall be part of the manufacturer’s standard software product officering and shall be thoroughly tested and proven in reference installations. The vendor shall provide a training program for operators, users, administrators, and maintainers.

The vendor shall provide the COR an electronic copy of the field service report (FSR) after every PM or on-site service call within 7 calendar days. At a minimum, this report must contain a detailed description of any services or repairs performed for each item of equipment. It must also include a listing of replacement parts, when applicable, total hours of service, safety check, performance data, and the date. The report will also include any Vendor recommendations necessary to maintain the equipment in optimum operating condition. The Service Technician shall document and report to the COR any unsafe conditions or signs of misuse or abuse regarding this medical equipment.

SERVICE CALLS: Service also includes all necessary intervening service calls required to repair an instrument. Intervening services will be rendered as directed by the COR. All services (PMIs and intervening service calls) shall be performed in accordance with the original manufacturer’s specifications and FDA guidelines.

PLANNED MAINTENANCE INSPECTIONS (PMI) AND INTERVENING SERVICES: Preventive maintenance (PM) services shall include, but not limited to the following:

(A) Labor and materials to replace unit warranty if problem not fixable.

(B) Pre-planned preventative maintenance visits.

(C) Check history of system since last maintenance visits.

(D) Performing intervening maintenance.

(E) Visually inspect all major components (include cabling & connections where accessible) for signs of deterioration or damage and rectify as necessary.

(F) Check all control equipment (e.g. Phone, Blue strobe lights, camera, solar panel, power supplies) for correct operational and programming (include time/date settings)

(G) Clean equipment housings as necessary.

(H) Check lenses for correct focusing & operation of auto-ins and adjust as necessary.

(I) Check the satisfactory transmission of images to remote site (where applicable).

(J) Inspect brackets, housings & associated fittings for corrosion or damage.

(K) Ensure clamping bolts/brackets are tightened correctly.

(L) Repair any minor faults.

(M) Physically check the systems to make sure it is fully operational and report any defects or damage.

(N)Return systems to operational status (where applicable)

(O) Full reporting of maintenance visits by email.

PARTS:

(A) The Vendor shall furnish replacement parts meeting or exceeding the original equipment manufacturer specifications.

(B) Replaced parts are to be disposed of by the Vendor after obtaining approval from the COR, except for hard drives that have the capability of storing sensitive information.

They must be disposed of according to local Facility Policy and with the Information Security Officer (ISO) concurrence.

(C) Operating and consumable supplies are not part of this contract. Replaced parts covered by the Planned Maintenance Inspection or intervening services shall be itemized as a no-charge item on the Vendor’s invoice and shall be identified by the part listed on the manufacturer’s schematics or part list.

(D) The Vendor is required to have a sufficient supply in stock or be able to obtain all parts required for work under this contract. The Vendor shall have complete service documentation, including necessary manuals and schematics.

(E) Unserviceable parts will be replaced by the Vendor on an exchange basis within eight (8) working hours, labor to install replacement part are included.

(F) Part numbers as shown on the manufacture schematics/parts list will indentify all parts that are replaced. All newly installed replacement parts become the property of the Government. Any worn defective parts will be replaced free of any charges.

(G) When parts are required and are not covered by Preventive Maintenance and have intervening services, such needs shall be identified to the COR along with an estimate of charges. The COR will evaluate these needs and request through the Contracting Officer appropriate action(s). These parts will be installed under a separate purchase order.

TEST EQUIPMENT: The VA shall not furnish parts and/or test equipment for the performance of this contract. It is the responsibility of the Vendor to bring the appropriate equipment and/or supplies necessary to complete the work as required within.

REMOVAL OF EQUIPMENT: Government property shall not be removed from the station without a signed property pass. This property pass may be obtained after the removal is authorized by the Contracting Officer or COR. If sensitive data is stored on the device, the Facility Information Security Officer must be involved and should approve the process of removing equipment from the government site. Equipment shall not be removed by the Vendor from the government site for minor repairs. The Vendor assumes full responsibility for the equipment while it is off-site or in transit.

BADGES AND PARKING:

(a) All Vendor personnel are required to wear I.D. badges during the entire time he/she is on Government property. I.D. badges must have an identification picture and shall state the name of the individual and the company he/she represents.

(b) It is the responsibility of the Vendor’s personnel to park in the appropriate designated parking areas. Parking information is available from VASDHS Police Service.

VASDHS will not validate or make reimbursement for parking violations of the Vendor’s personnel under any circumstance.

REPORTING (During Normal Working Hours); For any repairs or service that will be performed during the normal working hours of 8:00 a.m. through 5:00 p.m., Monday- Friday the Vendor shall check-in with the Police Service and with the COR before proceeding to the job site.

Vendor shall also check-out with the COR and Police Service before leaving the job site.

REPORTING (During Other than Normal Working Hours). On-site services shall be performed during normal working hours (8:00AM – 5:00PM, Monday – Friday) only. A separate, pre-authorized Purchase Order will be required for on-site services performed during other than normal working hours.

AUTHORIZED SERVICES: Only those services specified herein are authorized under this contract. Before performing any service or repairs of a non-contract nature, the COR or Contracting Officer must be advised of the reasons for this additional work. If appropriate, the Contracting Officer or his/her designee may authorize the additional services or repairs under a separate purchase authorization. The Vendor is cautioned that only the Contracting Officer may authorize additional services or repairs and that reimbursement will not be made unless this prior authorization is obtained.

GOVERNMENT HOLIDAYS:

The Vendor is not required to provide service on the following National holidays, not shall the Vendor be paid for these holidays.

The following national holidays observed by the Federal Government:

New Year’s Day 1 January

Martin Luther King’s Birthday Third Monday in January

President’s Day Third Monday in February

Memorial Day Last Monday in May

Juneteenth 19 June

Independence Day 4 July

Labor Day First Monday in September

Columbus Day Second Monday in October

Veterans Day 11 November

Thanksgiving Day 4th Thursday in November

Christmas Day 25 December

If a holiday falls on Sunday, the following Monday shall be observed as the National Holiday.

When a holiday falls on a Saturday, the preceding Friday is observed as a National Holiday by U.S. Government agencies. Also included would be any day specifically declared by the President of the United States.

INVOICE AND PAYMENT:

Contractor shall submit monthly invoices in the arrears electronically via the Tungsten-Network System at the end of each month, for payment of the storage containers in that billing period.

Contractor shall submit original invoice electronically to:

Department of Veterans Affairs

Financial Services Center http://www.tungsten-network.com

(Toll-free telephone number: (877) 489-6135)

Payment shall be made monthly in the arrears upon receipt of properly prepared invoice.

The invoice MUST be itemized to include the following information. Any information listed below that is not provided on an invoice, will render that invoice incomplete and the invoice will be returned for immediate correction.

a. Dates of service.

b. Description of services.

c. Invoice number, date.

d. Contract number.

e. Obligation number

Failure to comply with the above shall delay payment to the Contractor.

(STATEMENT OF WORK END)

https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.tungsten-network.com%2F&data=05%7C01%7C%7C974d343184164bba2da208dbd72862d5%7Ce95f1b23abaf45ee821db7ab251ab3bf%7C0%7C0%7C638340340684057921%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=Ck4duh76gewDiBhjtOvUw1R3Fe9zsEzwKMlXWdiuh14%3D&reserved=0

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4.00 EA ___________ ________

Brand name or Equal Clearly identify the item by—

(i) Brand name, if any; and

(ii) Make or model number;

Annual Voice & Data Service Plan (Verizon) - 4G Frontline Annual Voice & Data Service Plan (Verizon) Year 1

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334210 - Telephone Apparatus Manufacturing PRODUCT/SERVICE CODE: 5965 - Headsets, Handsets, Microphones and Speakers

MANUFACTURER PART NUMBER (MPN): 7000-0044

(i) Brand name, if any; and

(ii) Make or model number;

K1 Full Service Maintenance Plan. Includes 1 annual visit to test and service the 4 phones to ensure performance.

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334210 - Telephone Apparatus Manufacturing PRODUCT/SERVICE CODE: 5965 - Headsets, Handsets, MANUFACTURER PART NUMBER (MPN): 8000-0007

(i) Brand name, if any; and

(ii) Make or model number;

KEMS Professional -Includes Essential capabilities -Realtime Map -Realtime Alerts Report -Email/Text Message notification Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334210 - Telephone Apparatus Manufacturing PRODUCT/SERVICE CODE: 5965 - Headsets, Handsets, MANUFACTURER PART NUMBER (MPN): KEMS-PRO

3.00 EA ___________ ________

(i) Brand name, if any; and

(ii) Make or model number;

K1BLE Universal Mounted Solar Powered K1BLE Includes:

Universal Mount Housing, 20W Solar, 17AH Battery & Antenna.

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334210 - Telephone Apparatus Manufacturing PRODUCT/SERVICE CODE: 5965 - Headsets, Handsets, MANUFACTURER PART NUMBER (MPN): 6000-0302-01

1.00 EA ___________ ________

(i) Brand name, if any; and

(ii) Make or model number;

K1BLE Wall Mounted AC Powered K1BLE Includes: Wall Mount Housing, AC, 17AH Battery & Antenna.

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334210 - Telephone Apparatus Manufacturing PRODUCT/SERVICE CODE: 5965 - Headsets, Handsets, MANUFACTURER PART NUMBER (MPN): 6000-0302-02

(i) Brand name, if any; and

(ii) Make or model number;

K1 Faceplate, 1 Button LX200 Verizon Wireless Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334210 - Telephone Apparatus Manufacturing PRODUCT/SERVICE CODE: 5965 - Headsets, Handsets, MANUFACTURER PART NUMBER (MPN): 6040-0770-01

(i) Brand name, if any; and

(ii) Make or model number;

K1 Single Button Faceplate with Faceplate Camera Verizon K1 CB Faceplate, 1B, LX200, Camera

Contract Period: Base

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334210 - Telephone Apparatus Manufacturing PRODUCT/SERVICE CODE: 5965 - Headsets, Handsets, MANUFACTURER PART NUMBER (MPN): 6040-0770-03

3.00 EA ___________ ________

(i) Brand name, if any; and

(ii) Make or model number;

K1 E Phone Mounting Kit for Generic Pole (Ephone) EPhone Mounting Kit for Generic Pole (Ephone) Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334210 - Telephone Apparatus Manufacturing PRODUCT/SERVICE CODE: 5965 - Headsets, Handsets, MANUFACTURER PART NUMBER (MPN): 3090-0476

(i) Brand name, if any; and

(ii) Make or model number;

K1 E Phone 2nd Blue Strobe Kit w/LED Strip (AC)

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334210 - Telephone Apparatus Manufacturing PRODUCT/SERVICE CODE: 5965 - Headsets, Handsets, MANUFACTURER PART NUMBER (MPN): 6000-0093

(i) Brand name, if any; and

(ii) Make or model number;

K1 BLT/K1BLE Service Kit Tower CB Service Kit Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334210 - Telephone Apparatus Manufacturing PRODUCT/SERVICE CODE: 5965 - Headsets, Handsets, MANUFACTURER PART NUMBER (MPN): 6000-0481

1.00 EA __________ ________

Brand name or Equal Clearly identify the item by—

(i) Brand name, if any; and

(ii) Make or model number;

FREIGHT/SHIPPING ESTIMATE

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334210 - Telephone Apparatus Manufacturing PRODUCT/SERVICE CODE: 5965 - Headsets, Handsets, MANUFACTURER PART NUMBER (MPN): 9900-0002

4.00 EA __________ ________

(i) Brand name, if any; and

(ii) Make or model number;

Knightscope Installation E-Phones. Knightscope Installation of Blue Light Emergency Phone Equipment. Service includes:

removal and disposal of current phones, installation of solar 4G Wireless on existing poles and on service mounts. Electrical connection is not included and will be provided VA electrical team.

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334210 - Telephone Apparatus Manufacturing PRODUCT/SERVICE CODE: 5965 - Headsets, Handsets, MANUFACTURER PART NUMBER (MPN): 7000-0201

(i) Brand name, if any; and

(ii) Make or model number;

Annual Voice & Data Service Plan (Verizon) - 4G Frontline Annual Voice & Data Service Plan (Verizon) Year 1

Contract Period: Option 1 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334210 - Telephone Apparatus Manufacturing PRODUCT/SERVICE CODE: 5965 - Headsets, Handsets,

(i) Brand name, if any; and

(ii) Make or model number;

K1 Full Service Maintenance Plan. Includes 1 annual visit to test and service the 4 phones to ensure performance.

Contract Period: Option 1 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334210 - Telephone Apparatus Manufacturing PRODUCT/SERVICE CODE: 5965 - Headsets, Handsets,

(i) Brand name, if any; and

(ii) Make or model number;

KEMS Professional -Includes Essential capabilities -Realtime Map -Realtime Alerts Report -Email/Text Message notification Contract Period: Option 1 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334210 - Telephone Apparatus Manufacturing PRODUCT/SERVICE CODE: 5965 - Headsets, Handsets,

(i) Brand name, if any; and

(ii) Make or model number;

Annual Voice & Data Service Plan (Verizon) - 4G Frontline Annual Voice & Data Service Plan (Verizon) Year 1

Contract Period: Option 2 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334210 - Telephone Apparatus Manufacturing PRODUCT/SERVICE CODE: 5965 - Headsets, Handsets,

(i) Brand name, if any; and

(ii) Make or model number;

K1 Full Service Maintenance Plan. Includes 1 annual visit to test and service the 4 phones to ensure performance.

Contract Period: Option 2 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334210 - Telephone Apparatus Manufacturing PRODUCT/SERVICE CODE: 5965 - Headsets, Handsets,

(i) Brand name, if any; and

(ii) Make or model number;

KEMS Professional -Includes Essential capabilities -Realtime Map -Realtime Alerts Report -Email/Text Message notification Contract Period: Option 2 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334210 - Telephone Apparatus Manufacturing PRODUCT/SERVICE CODE: 5965 - Headsets, Handsets,

(i) Brand name, if any; and

(ii) Make or model number;

Annual Voice & Data Service Plan (Verizon) - 4G Frontline Annual Voice & Data Service Plan (Verizon) Year 1

Contract Period: Option 3 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334210 - Telephone Apparatus Manufacturing PRODUCT/SERVICE CODE: 5965 - Headsets, Handsets,

(i) Brand name, if any; and

(ii) Make or model number;

K1 Full Service Maintenance Plan. Includes 1 annual visit to test and service the 4 phones to ensure performance.

Contract Period: Option 3 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334210 - Telephone Apparatus Manufacturing

PRODUCT/SERVICE CODE: 5965 - Headsets, Handsets,

(i) Brand name, if any; and

(ii) Make or model number;

KEMS Professional -Includes Essential capabilities -Realtime Map -Realtime Alerts Report -Email/Text Message notification Contract Period: Option 3 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334210 - Telephone Apparatus Manufacturing PRODUCT/SERVICE CODE: 5965 - Headsets, Handsets,

(i) Brand name, if any; and

(ii) Make or model number;

Annual Voice & Data Service Plan (Verizon) - 4G Frontline Annual Voice & Data Service Plan (Verizon) Year 1

Contract Period: Option 4 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334210 - Telephone Apparatus Manufacturing PRODUCT/SERVICE CODE: 5965 - Headsets, Handsets,

(i) Brand name, if any; and

(ii) Make or model number;

K1 Full Service Maintenance Plan. Includes 1 annual visit to test and service the 4 phones to ensure performance.

Contract Period: Option 4 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334210 - Telephone Apparatus Manufacturing PRODUCT/SERVICE CODE: 5965 - Headsets, Handsets,

(i) Brand name, if any; and

(ii) Make or model number;

KEMS Professional -Includes Essential capabilities -Realtime Map -Realtime Alerts Report -Email/Text Message notification Contract Period: Option 4 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 334210 - Telephone Apparatus Manufacturing PRODUCT/SERVICE CODE: 5965 - Headsets, Handsets, GRAND

TOTAL

SECTION C - CONTRACT CLAUSES

C.1 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.2 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.

(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.

https://dibnet.dod.mil/ https://dibnet.dod.mil/

(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.3 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.