RFQ 36C26226Q0598.docx

36C26226Q0598

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

664-26-3-072-0130 36C26226Q0598 04-14-2026 Anthony Dela Cruz 562-766-2284 04-27-2026 7:00 am

PDT

36C262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815 X 333241 500 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 Brand name or Equal requirement for Food Carts and Base Stations in accordance with B.2 and B.3.

Unrestricted full and open competition.

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.

There is no NMR Class Waiver under NAICS 333241 Food Product Machinery Manufacturing.

FAC NUMBER 2026-01, EFFECTIVE DATE 3/13/2026

See CONTINUATION Page Anthony Dela Cruz

VA-VHA-RPOW-2024-0101

Table of Contents

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:

3. INVOICES: Invoices shall be submitted in arrears:

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/

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

BRAND NAME OR EQUAL. CONTRACTOR MUST PROVIDE MANUFACTURER PART NUMBER FOR ALL EQUAL TO BRAND NAME ITEMS.

BPOD CLASS-E SHORT MODEL (Dietary Warmer Doc - Burlodge B-POD Air Cooled Short. Base "B"-Pod Short, 30 Amp/280V, 3 Phase) Burlodge Model No. BLBP0S.000S BLBP0A.700.22S 208V 3P/E no cable / no plug BLBP0A.700.01S 208V 3P Refrigeration cold side Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing PRODUCT/SERVICE CODE: 7310 - Food Cooking, Baking, and Serving Equipment

MANUFACTURER PART NUMBER (MPN): BPOD CLASS-E SHORT M

BRAND NAME OR EQUAL. CONTRACTOR MUST PROVIDE MANUFACTURER PART NUMBER FOR ALL EQUAL TO BRAND NAME ITEMS.

POD (Dietary Warmer - Burlodge, POD Short. Burlodge POD to match with JSN U6014 Burlodge BASE station for patient meal warming) Burlodge Model No. BLP0S.092 BLP0A.006 LOCKABLE DOOR LATCH (INCLUDES TWO LATCHES) BLP3G.040 20 LEVEL BARRIER - LATERAL GASKETS - 3.5" SPACING - FT575 TRAY BLP0A.235 4 CASTORS 160MM - WASHABLE - S/S STANDARD BRAKE BLP0A.165 S/S TOW BAR FOR WASHABLE POD BLP0A.060 VERTICAL TRAY SEPARATION GRIDS - SHORT MODEL BLP0A.040 WARD TAG HOLDER Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing

MANUFACTURER PART NUMBER (MPN): POD (Dietary Warmer - Burlodge, POD Short. Burlodge POD to match with JSN U6014 Burlodge BASE station for patient meal warming) Burlodge Model No. BLP0S.092 BLP0A.006 LOCKABLE DOOR LATCH (INCLUDES TWO LATCHES) BLP3G.040 20 LEVEL BARRIER - LATERAL GASKETS - 3.5" SPACING - FT575 TRAY BLP0A.235 4 CASTORS 160MM - WASHABLE - S/S STANDARD BRAKE BLP0A.165 S/S TOW BAR FOR WASHABLE POD BLP0A.060 VERTICAL TRAY SEPARATION GRIDS - SHORT MODEL BLP0A.040 WARD TAG HOLDER

BRAND NAME OR EQUAL. CONTRACTOR MUST PROVIDE MANUFACTURER PART NUMBER FOR ALL EQUAL TO BRAND NAME ITEMS.

SPARE PARTS KIT Burlodge Model No. BPOD.S.SPKIT B-Pod, Spare Parts Kit for Short models 1 to 10 units Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing

MANUFACTURER PART NUMBER (MPN): SPARE PARTS KIT Burlodge Model No. BPOD.S.SPKIT B-Pod, Spare Parts Kit for Short models 1 to 10 units

BRAND NAME OR EQUAL. CONTRACTOR MUST PROVIDE MANUFACTURER PART NUMBER FOR ALL EQUAL TO BRAND NAME ITEMS.

WARRANTY Burlodge Model No. WARRANTY BPDS.PW.01 B-Pod Docking Station One (1) Year Defective Parts Warranty BPTC.PW.01 B-Pod Transport Cart One (1) Year Defective Parts Warranty BPDS.LW.01 B-Pod Docking Station One (1) Year Labor Warranty BPTC.LW.01 B-Pod Transport Cart One (1) Year Labor Parts Warranty Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing

MANUFACTURER PART NUMBER (MPN): WARRANTY Burlodge Model No. WARRANTY BPDS.PW.01 B-Pod Docking Station One (1) Year Defective Parts Warranty BPTC.PW.01 B-Pod Transport Cart One (1) Year Defective Parts Warranty BPDS.LW.01 B-Pod Docking Station One (1) Year Labor Warranty BPTC.LW.01 B-Pod Transport Cart One (1) Year Labor Parts Warranty

BRAND NAME OR EQUAL. CONTRACTOR MUST PROVIDE MANUFACTURER PART NUMBER FOR ALL EQUAL TO BRAND NAME ITEMS.

TRAINING AND IMPLEMENTATION Burlodge Model No. TRAINING Training and Implementation INSTALLATION Installation supervision Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing

MANUFACTURER PART NUMBER (MPN): TRAINING AND IMPLEMENTATION Burlodge Model No. TRAINING Training and Implementation INSTALLATION Installation supervision

BRAND NAME OR EQUAL. CONTRACTOR MUST PROVIDE MANUFACTURER PART NUMBER FOR ALL EQUAL TO BRAND NAME ITEMS.

INSTALLATION New Burlodge B-Pod Equipment to be delivered directly to the VA in San Diego, CA. offloaded by facility and stored in a safe place until installation takes place. We will uncrate, set in place, level, test for proper operation, throw away trash debris in customer's dumpster, secure equipment and make ready for use the above Burlodge B-Pod equipment. Will perform all final utility connections. Work to be performed during overnight hours Mon - Fri 1 ea ELECTRICAL Modify electrical utilities to support installation of 8 new BPods Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 333241 - Food Product Machinery Manufacturing

MANUFACTURER PART NUMBER (MPN): INSTALLATION New Burlodge B-Pod Equipment to be delivered directly to the VA in San Diego, CA. offloaded by facility and stored in a safe place until installation takes place. We will uncrate, set in place, level, test for proper operation, throw away trash debris in customer's dumpster, secure equipment and make ready for use the above Burlodge B-Pod equipment. Will perform all final utility connections. Work to be performed during overnight hours Mon - Fri 1 ea ELECTRICAL Modify electrical utilities to support installation of 8 new BPods

B.3 STATEMENT OF WORK

General Objectives and Requirements

a. Title of project – San Diego NFS Burlodge Food Carts, Base stations

b. Purpose of the project – This is a request for Burlodge Food Carts and base stations to be installed in the main kitchen at San Diego NFS. This purchase of Burlodge Food Carts and Base Stations is needed to coordinate meal service in the Hospital and new constructed SCI CLC building.

c. The B-Pod is a manipulation-free nesting system comprised of a Base Station for heating and cooling and a Pod Shuttle (Food Carts) for transporting food trays. This request is for the Food Carts needed to deliver meals to hospitalized patients in the VASD Hospital. This request is for the Base Stations needed to regulate temperature control of the food carts that will provide food to hospitalized patients in the VASD Hospital.

d. Built-in HACCP monitoring which can be connected to remote food temperature monitoring system.

e. Installation per Facility Electric plan and Comprehensive Training is required.

f. Background – VAMCSD provides nutrition and food services to the inpatient (and limited outpatient) Veterans of the San Diego VAMC in La Jolla.

The Burlodge BPOD system was purchased through activation for the new SCI CLC building. NFS must be able to run the same tray line service, and this requires this purchase of Burlodge B-Pod Food Carts to service the Main Hospital and the purchase of Burlodge Base Stations.

This system regulates the temperature control of the B-Pod Food Carts that will be used to deliver meals to the hospitalized Veterans in the Main Hospital. These items are a coordinated system.

· 12 Food Carts- Burlodge B Pod Food Carts

· 8 Base Station installed in main kitchen

· Installation

· Comprehensive Training

g. Scope and methodology –

h. Introduction - Veteran Affairs Medical Center San Diego (VAMCSD) has a need to coordinate the food delivery system and utilize Burlodge food carts in the man kitchen to coordinate with already purchased Burlodge Food Carts in SCI/CLC. See ICGE for scope. Salient characteristics are provided in accompanying attachments.

2. Tasks and Associated Deliverables

a. Description of tasks and associated deliverables

i. For all equipment, the vendor shall provide user manuals that describe proper use, care and cleaning for users of the equipment. In addition, the vendor will provide service manuals that includes theory of operation, maintenance requirements, repair information, schematics, part lists and troubleshooting information in electronic format for use by the VA Nutrition and Food Service Department.

ii. Date of manufacture must not be greater than 1 years before the purchase order date. The equipment must not be used or refurbished

b. The following Addresses are applicable

i. Delivery – VAMCSD, 3350 La Jolla Village Drive, San Diego, CA 92161

ii. Installation – VAMCSD, 3350 La Jolla Village Drive, San Diego, CA 92161, NFS, Main Kitchen, B128

iii. Main Facility – VAMCSD, 3350 La Jolla Village Drive, San Diego, CA 92161

c. The delivery window is before September 30, 2026. The awardees actual delivery dates will be confirmed by VA upon award.

d. Post-award, the vendor will coordinate delivery identified in this document with the VAMCSD prior to beginning any work. Once the dates have been confirmed, modifications to the schedule are subject to written approval by the CO, COR and the vendor. Schedule changes that are beyond the dates specified in the contract will require approval by the Contracting Officer and a contract modification.

e. Delivery and receipt of the proposed items is anticipated to be directed to the location identified in 2.b.i. above. Confirmation of delivery location will be provided post-award. To coordinate delivery, contact VAMCSD POC Brian Walker at (858) 552-2506, Brian.Walker3@va.gov or Deshaun Ferguson at 858-552-2506, Deshaun.Ferguson@va.gov.

f. The vendor is required to define the need for a staging area to accommodate item delivery, if needed. Post-award, this information will be confirmed with the vendor.

g. The delivery of items identified in this document shall be pre-coordinated 72 hours in advance with the POCs and take place during normal business hours which are defined as: 8:00 AM to 3:00 PM Pacific Daylight Time, Monday through Friday, and excluding Federal Holidays.

h. Labeling of delivered items shall include the VA facilities contract number and VA purchase order number for identification and reference upon receipt of product.

i. There are no dumpsters available for vendor use. The removal of waste is the responsibility of the Vendor.

j. Assembly and installation are also required as requested.

k. On-site assembly and installation of items, and performance of services identified in this document shall take place during normal business hours which are defined as: 8:00 AM to 4:00 PM Pacific Daylight Time, Monday through Friday, and excluding Federal Holidays.

l. The vendor is required to define the need for a staging area to accommodate item assembly and installation, if needed. Post-award, this information will be confirmed with the vendor.

m. The vendor is required to provide tools, labor and materials to complete assembly and installation of the items detailed in this document.

n. The vendor shall protect all finished spaces and surfaces as required from delivery and installation damage. The vendor shall use covering and protection to the extent necessary to prevent damage to finished spaces. Any damage occurred during delivery and installation is the responsibility of the vendor. The vendor will be responsible for paying for and repairing any damage or noted deficiencies to finished spaces and surfaces that occur as a result of the vendor’s (or associated sub-contractors) installation.

o. During the entire duration of assembly and installation, the vendor will have a competent representative on-site as the vendor’s contact, and to serve as the interface between the vendor and VAMCSD. On-site representative can be the installer. All instructions provided from VAMCSD POCs in 2.e. above to the representative will be binding as if given to the vendor’s main contact. The VAMCDS may provide specific instructions, however, only the Contracting Officer may change the terms or conditions of the contract.

SALIENT CHARACTERISTICS:

1. The VA San Diego Nutrition and Food Service (NFS) has a requirement for the following equipment:

1.1. This purchase of Burlodge Food Carts and Base Stations are needed to coordinate meal service in the Hospital and newly constructed Building 26 (new SCI CLC building).

1.2. The Burlodge BPOD system was purchased through activation for Building 26. NFS must be able to run the same tray line service, and this requires the purchase of Burlodge B-Pod Food Carts to service the Main Hospital and the purchase of Burlodge Base Stations, which regulate the temperature control of the B-Pod Food Carts that will be used to deliver meals to the hospitalized Veterans in the Main Hospital. These items are a coordinated system.

1.3. The B-Pod is a manipulation-free nesting system comprised of a Base Station for heating and cooling and a Pod Shuttle (Food Carts) for transporting food trays. This request is for the Food Carts needed to deliver meals to hospitalized patients in the VASD Hospital. This request is for the Base Stations needed to regulate temperature control of the food carts that will provide food to hospitalized patients in the VASD Hospital.

1.4. Built-in HACCP monitoring which can be connected to remote food temperature monitoring system.

1.5. Installation per Facility Electric plan and Comprehensive Training is required.

A. Food Carts Burlodge B Pod Food Carts

· Burlodge POD to match JSN U6014 Burlodge BASE Station for Patient meal warming.

· Pods must match work interchangeably with PODS already purchased for Building 26.

· BLPOS.000 Pod "S" SHORT, Tray capacity 20

· BLPOA.020 Tow Bar - fold-up model for use with Tug

· BLPOA.040 Ward Destination

· Must be built to be cart washable (with two doors and matching existing base model #BLP0S.092) and compatible with Belimed CS750 Cart Washer - SCREEN OUT ELEMENT

· Size approximately: 31”W x 34.65”D x 55.5”H

· Quantity: 12

B. Base Stations

· Base "B"-Pod Short, 30Amp/ 208V, 3 Phase

· Total BTU Max 7260/hr

· Designed for warming meals.

· Used in conjunction with JSN U0615 Pod

· Size approximately: 31.5”W x 40”D x 73”H

· Quantity: 8

C. Installation and Electrical Work- Base Stations

· Programing of B-Pod base stations in the main kitchen is required.

· Installation of B-Pod base stations in the main kitchen must be included per drawings and specs agreed upon by San Diego engineering. See attached.

· Must be a qualified and experienced Burlodge installer, as recommended by Burlodge.

D. Comprehensive Training is required.

· Must be a qualified and experienced Burlodge equipment trainer, as recommended by Burlodge. Must have at least 2-3 VA NFS site training experience.

2. Period of Performance

2.1. 5 months after Receipt of Order

3. Delivery

3.1. Installation target of September 2026.

3.2. The vendor must coordinate with the VA Point of Contact to schedule the delivery.

3.3. The vendor must clearly tag and label the items with the contract number and Purchase Order (PO) number.

3.4. The vendor must include equipment manuals with delivery

4. Warranty

4.1. The units shall come with a minimum 3-year manufacturer’s warranty covering labor and parts of manufacturing defects.

36C26226Q0598

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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.

(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 52.212-4 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.4 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION FEB 2025)

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

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

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115–91).

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

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

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

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

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

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

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

[] (3) [Reserved] [] (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).

[] (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).

[] (11)(i) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (DEC 2023) (Pub. L. 115–390, title II).

[] (ii) Alternate I (DEC 2023) of 52.204–30.

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

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

[] (14) [Reserved] [] (15) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

[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.

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

[] (21)(i) 52.219–9, Small Business Subcontracting Plan (JAN 2025) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (JAN 2025) of 52.219–9.

[] (v) Alternate IV (JAN 2025) of 52.219–9.

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

[] (ii) [Reserved] [X] (23) 52.219–14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

[] (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

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

[X] (26) (i) 52.219-28, Postaward Small Business Program Rerepresentation (JAN 2025) (15 U.S.C. 632(a)(2)).

[] (ii) Alternate I (MAR 2020) of 52.219–28.

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

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

[] (29) [Reserved] [X] (30) 52.219–33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 637(a)(17)).

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

[X] (32) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (JAN 2025) (E.O. 13126).

[] (33) [Reserved] [] (34) [Reserved] [X] (35)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

[] (ii) Alternate I (JUL 2014) of 52.222-35.

[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).

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

[X] (39)(i) 52.222-50, Combating Trafficking in Persons (OCT 2025) (22 U.S.C. chapter 78 and E.O. 13627).

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

[] (40) 52.222-54, Employment Eligibility Verification (JAN 2025). (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…