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

656-26-3-0256-0050

36C26326Q0712 05-18-2026

Curt LaRose 605-592-4026 06-01-2026

5:00 PM CDT

36C263

DEPARTMENT OF VETERANS AFFAIRS

NETWORK CONTRACTING OFFICE 23

316 ROBERT STREET N, SUITE 506

SAINT PAUL MN 55101

X 100

X

238210

$19 Million

N/A

X

Y

FINANCIAL SERVICES CENTER

PO BOX 149971

AUSTIN TX 78714-9971

See CONTINUATION Page

St. Cloud VA Health Care System requires the following service in accordance with the scope of work below:

Replace street light pole concrete bases.

Site visit: Contractors must confirm attendance no later than May 25, 2026, at 12:00PM CDT by sending an email to the Contract Specialist at safa.shleiwet@va.gov.

See Contracting Officer instructions to offerors and

Evaluation Factors Sections

See CONTINUATION Page x x x 1

Curt LaRose

Contracting Officer

36C26326Q0712

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…………………………………………………………………..4

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 (DEVIATION OCT 2025)

C.2 52.222-44 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT LABOR

STANDARDS—PRICE ADJUSTMENT (NOV 2025) (DEVIATION)

C.3 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

C.5 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEVIATION OCT 2025)

E.2 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (NOV 2025)

(DEVIATION)

E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.4 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (DEVIATION OCT 2025)

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 36C263 Curt LaRose

NETWORK CONTRACTING OFFICE 23

316 ROBERT STREET N, SUITE 506

SAINT PAUL MN 55101

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] Upon service completion

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.

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO DATE

B.2 STATEMENT OF WORK

1. TITLE: Replace street light pole concrete bases.

2. PLACE OF PERFORMANCE:

St. Cloud VA Health Care System, 4801 Veterans Drive, St. St Cloud, MN 56303

3. OVERVIEW:

Replace existing streetlight pole concrete bases. Vendor to provide all transportation, labor, personnel, supervision, equipment, tools, materials, and necessary disposal (offsite), and any other resources necessary to furnish, supply and installation to meet the described work. The vendor shall take the necessary precautions as possible to keep as many streetlights poles operational during the process.

Replace twenty-six (26) existing streetlight poles (30’-0” high) concrete bases and replace them with new higher concrete bases. Replace between pole feeds approximately 7,600 feet (see attachments for locations). Replace light pole head feeds, fuse holders and fuses at (26) locations. Approximately (31) light poles require paint repair, not entire repaint (rust repair/treatment such as “Rust-Oleum primer” or equal and finish paint). This quantity excludes any required paint touchups needed from effort to replace concrete bases. Paint touch-up to match existing.

It is the government’s expectation that the Contractor be a subject matter expert (SME) regarding the Maintenance and Services that are required for this project.

Effort includes, but is not limited to (Not in order of operations):

• Remove existing concrete bases and dispose of offsite.

• Remove existing electrical wiring.

• Determine all possible sources of electrical supply for the affected 30’-0” high existing street light poles.

• Electrically isolate street light circuit and place Lock Out and Tag Out device on the circuit breaker.

• Identify each pole’s existing rough-in ins and prepare an installation template as required per pole.

• Refer to the facility map; to identify each base pole and it’s respective wiring that needs to be pulled out and replaced with new wire.

• Unwire electrical connections for the light pole base to include any additional lights in series.

• Pull back electrical conductors in preparation for light base removal

(clearing conduit to be removed).

• Disconnect and remove street light pole and lamp. Lay pole near base but clear of additional work to be performed. Keep and reuse serviceable poles and light head assemblies. (contact COR with any questions).

• Document the existing pole base bolt pattern. Include pole id, bolt pattern template and pictures of the existing pole connection conditions.

• Notify COR when a light pole has been removed.

• The Electrical Shop will inspect light pole, head and light conductors for in-house replacement if necessary.

• Remove dirt/soil at pole base to access electrical conduit(s) and cut/disconnect it from base. This may also need to be done for any additional lights in series. Contractor to coordinate with VA for digging permit and utility locates prior to digging at each base.

• Remove/pull existing light pole base and discard. Contractor responsible for discarding old base.

• The street light circuit shall be operational each night. The Contractor shall ensure their work process allows a functional system nightly.

New Light Pole concrete base:

o Dimensions: 2-0” diameter x 8’-6” tube. Install applicable mounting hardware for remounting of the light pole. New finished concrete base to be set at 6’ below grade and 2-6” above ground. Install 10’ long 3/4” grounding rod, and a rebar cage as required. Install applicable underground conduit and fittings for new light pole base height feed requirements and any other series circuits to/from and within the base.

Concrete bases can be cast in place or precast concrete. See below detail 1.

o Conduit installed and the conductors shall be of the same size and type as the ones removed.

o New concrete: Due to winter extreme temperatures in St. Cloud MN, environmental conditions and the potential contact with de-icing chemicals, light pole concrete base mix shall have a minimum compressive strength of 5,000 psi after 14 days. Shall be air-entrained, class SI concrete with a maximum slump (workability) of 3 inches.

o Connect conduit to/for all circuits associated with light base.

o Inspect existing light pole conductors. If in good condition, repull all electrical conductors for all circuits. If conductor condition is a concern, contact the VA COR for review and direction.

o The new electrical wiring needs to extend enough to cover the increased base height dimension above ground (2’-6”).

o Re-install/mount light pole and fixture at new concrete base.

o Paint touch-up each pole. For areas with rust, utilize a rust inhibiting treatment that is commercially available off the shelf, such as “Rust- Oleum” primer or equal, then top coat paint to match existing.

o Permanently Re-connect/wire to all lights.

o Plan to phase work based on the light poles that are in a circuit and in series.

o Test each light for proper operation when the work is complete.

o Contractor shall remove from the VA site and dispose of all equipment and materials not scheduled to be reused.

Material Components:

• (26) Concrete Light Pole Bases: 2-0” diameter x 8’-6”, 5,000 psi after 14 days, air-entrained, class SI concrete with a maximum slump (workability) of 3 inches, precast or cast in place. See attachment 1 for locations.

• 12-3-gauge SOOW wire: (26) locations within the 30’ high light pole. Each light pole head has independent hot leg to base junction box. Install wire feeders to heads independently to prevent both heads from de-energizing from problems.

See attachment 1 for locations.

• #8 AWG THWN Cable: Approximately 7,600 feet between light poles, see attachment 1 for locations

• Fuses and Fuse Holders: Each light Pole head has (2) 10 amp ATQR Fuses.

Existing Fuse holder is Cooper Bussman holder with weatherproof boot. Replace with similar equivalent material.

• 5/8” Copper 10’ Grounding Rod: At each location of new concrete base (26) locations

• Metal Primer: Rust inhibiting metal primer 31 locations

• Metal Light Pole Paint: Match Existing Color Paint Touch up 31 locations plus touchups from light pole installation.

• Miscellaneous Installation Material: Miscellaneous Material as needed to complete the installation of the primary assembly items. Includes but not limited to conduit, junction boxes, sealants, couplers, fasteners, cover plates, etc.

• All cables shall be copper cables only. Aluminum cables are not allowed.

Locations of light poles:

Refer to the VA site map for pole id location, Attachment 1. (Page setup print using extents)

Individual pole number indicates; Nearest building / pole number.

Poles for base replacement- 26 total

• 1-4, 1-8, 1-9, 1-10, 1-13,1-14

• 3-5, 3-7

• 96-2, 96-4, 96-5, 96-6, 96-7, 96-8, 96-9, 96-10, 96-11, 96-12, 96-13

• 117-1, 117-2, 117-3, 117-5, 117-6

• 113-8 (new base to match 3’-0” high existing base height)

• 119-5

Poles for re-paint - 31 total

4. HOURS OF OPERATION:

The vendor shall perform on-site services during normal business hours, 8:00 am to 4:30 pm, Monday through Friday, excluding Federal Holidays, unless otherwise coordinated with the COR/VA POC.

If a federal holiday falls on Sunday, the following Monday will be observed as the legal Holiday. If a holiday falls on Saturday, the preceding Friday is observed as a legal holiday.

Also included, would be any other day specifically declared by the President of the United States of America to be a national holiday.

Federal holidays observed by Federal Government can be located at https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays#url=2026

The Contractor shall provide a minimum of 24-hour notice of any scheduled changes.

5. NARRATIVE, SCHEDULE, PHASING, SAFETY AND CUT OUT PLANS

Provide with the quote. a descriptive narrative of the services that will be provided that will meet or exceed the description listed within the Statement of Work. Include standard operating procedures, occupational site safety plans, routing, scheduling, structured phasing and cut out plan, dispatching and follow-up procedures, etc.

The work shall be phased per set of streetlight poles that are part to the same circuit, so appropriate lock out tag out can be performed.

Explain the approach to transition from the old system to the new (Cut Out Plan), ensuring minimal disruption and effective management of resources and tasks.

Include a proposed timeline to complete all work and the production time within the stated work hours *larger crew/multiple crew).

An agreed upon schedule, phasing and site safety plan for services will be coordinated with the COR/VA POC.

Anticipated Schedule:

Period of Performance is 90 calendar days from Notice to Proceed (NTP).

o Administrative period is 20 days o Field Work is 70 days

6. QUALIFICATIONS, LICENSES AND CERTIFICATIONS

Provide, with quote, copies of all required business and employee licenses, certifications, training documentation and experience for performing the maintenance/repair work requested in the solicitation (example: staff licenses and certifications required for electrical, concrete work, trenches, crane operation, or any other required license as applicable.)

https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays#url=2026 https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays#url=2026

Provide a list of the staff that will be working on the project, indicate the

Competent person(s) names assigned for this project.

7. CODES / REGULATIONS / DIRECTIVES / POLICIES.

The Contractor shall comply with public Laws and Statutes, including all changes and amendments to Federal, State and Local Environmental Statutes, Regulations and Standards Work must comply with all Federal, State, Local Codes and Regulations. OSHA, NFPA 70, 70E, VHA directives and St. Cloud VA Healthcare System specific requirements in effect of date of issuance of this Contract, including the most current edition/version of the ones listed below:

• NFPA 70, (NEC) National Electrical code

• NFPA 70 E, Standard for Electrical Safety in the Workplace

• OSHA 29 CFR 1910, Subparts J & S

• OSHA 29 CFR 1926, Subpart K

• EPA - Environmental Protection Agency Clean Water Act (CWA)

• EPA - Resource Conservation and Recovery Act (RCRA)

• ANSI - American National Standards Institute Applicable Standards, (ANSI Z244.1, ANSI/NEMA WC 70/ICEA S-95-658-2021)

• ACI 318 - the American Concrete Institute

Provide, with the quote, copies of all required business and employee licenses, certifications, training documents and experience for performing the maintenance work requested in the solicitation (staff licenses and certifications required for electrical, concrete work, trenches, crane operators, and any other required license.) Provide a list of the staff that will be working on the project. The Vendor must have OSHA 30 hrs. certificates for the staff working on this project.

8. DOCUMENTS

Provide, for VA approval, data for all the products that are to be supplied and installed prior to purchasing materials and project site mobilization. VA shall review product submittals within 5 business days and notify vendor of conclusion of review.

Provide documentation and submittals for the reinforced concrete bases replacement, structural design calculation, concrete mix, cable replacement, pole base compatibility layout with the new base, paint primer, paint, material specifications, and required miscellaneous components. Indicate the type of reinforced concrete base that will be provided: cast in place base or pre-cast base.

All materials and equipment shall be listed, labeled, or certified by a Nationally Recognized Testing Laboratory (NRTL) to meet Underwriters Laboratories, Inc.

(UL), standards where test standards have been established. Materials and equipment which are not covered by UL standards will be accepted, providing that materials and equipment are listed, labeled, certified or otherwise determined to meet the safety requirements of a NRTL. Materials and equipment which no NRTL accepts, certifies, lists, labels, or determines to be safe, will be considered if inspected or tested in accordance with national industrial standards, such as ANSI, NEMA, and NETA. Evidence of compliance shall include certified test reports and definitive submittal drawings.

A submittal register, project schedule, project safety and project quality assurance plans will be required before mobilization.

9. VA POINT OF CONTACT:

Contracting Officer Representative: TBD

10. REPORTING:

Contractor shall provide the government service/maintenance reports within ten

(10) business days of maintenance/service (e-mail to the COR/VA POC for verification), which describes the maintenance repair, work, and services performed.

No additional work will be conducted outside of the scope of work of the contract without a Purchase Order being issued to the Contractor by the Government for the required parts/work.

11. SAFETY REQUIREMENTS:

The vendor is solely responsible for compliance with all Federal, State, and Local laws, the Occupational, Safety and Health Act (OSHA) (Public Law 91-596) and the resulting standards, OSHA Standards 29 CFR 1910 and 1926, as applicable and shall perform all work in a safe manner as required by these standards.

The Vendor should implement Occupational Safety (OSHA) plans, EPA and other related regulations to ensure the safety of their personnel, as well as the protection of Government personnel and property. Additionally, the vendor is responsible for the safety and health of all sub-Contractor employees, as applicable, including Personal Protective equipment (PPE).

12. SECURITY REQUIREMENTS:

• Contractor and/or all sub-contracted personnel are required to always wear and have visible a Contractor Badge.

• Badges are issued by Facilities Management (FM), B-3, second floor. FM Office hours are Monday – Friday, 8:00 am – 4:30 pm.

• The Contractor shall be required to obtain and display identification badges for all employees requiring access to the St Cloud VA Facility.

• These badges will be Government furnished and issued to Contractor employees upon initial entry, under contract.

• Identification shall be always worn on the outer clothing between the neck and waist on the front of the body and visible with the Contractor’s name plainly displayed.

• Loss of a contractor badge shall be reported to the COR no later than the following workday.

• All contract personnel shall be checked in by Facilities Management (FM) located in building 3, second floor.

13. DAMAGE TO GOVERNMENT EQUIPMENT AND PROPERTY:

The vendor shall take all necessary precautions to prevent damage to Government equipment and property. The vendor shall report damage of Government property or equipment to the Contracting Officer Representative within 24 hours of the incident.

14. COMPLIANCE with MUNICIPLE SEPARATE STORM SEWER SYSTEM

(MS4).

The St Cloud VA does not allow washdown or cleanout of cement/concrete trucks or used equipment here on campus.

IE: Illicit Discharge Detection and Elimination (IDDE). Identify any protentional and eliminate any discharge not composed entirely of stormwater to enter the storm sewer system which is designed to convey surface water runoff from natural precipitation only. Any material entering the storm sewer other than stormwater is considered and illicit discharge and is prohibited. The Cement/Concrete distributor, delivery company, shall recycle/reclaim as much concrete as possible. Unused concrete, wash water, chute cleaning debris, truck rinsing/wash water shall not be allowed to enter any storm sewer drain system.

Contact VATR for appropriate location for minimal residue from such cleaning processes.

15. ATTACHMENTS:

1. LPB-01 North Half - Light Pole Base Replacement, 2026.05.06

2. LPB-02 South Half - Light Pole Base Replacement, 2026.05.06

3. Pole Base Replacement Detail 1 – 2026.05.06

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT

UNIT

PRICE AMOUNT

1.00 JB __________________ __________________

Replace street light pole concrete bases Contract Period: Base POP Begin: 07-01-2026 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 238210 - Electrical Contractors and Other Wiring Installation Contractors PRODUCT/SERVICE CODE: J062 - Maintenance, Repair, and Rebuilding of Equipment - Lighting Fixtures and Lamps

GRAND

TOTAL

SECTION C - CONTRACT CLAUSES

FAR

Number

Title Date

52.252-2 CLAUSES INCORPORATED BY REFERENCE FEB 1998

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS NOV 2023

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED,

SUSPENDED, PROPOSED FOR DEBARMENT, OR

VOLUNTARILY EXCLUDED

JAN 2025

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED

DOMESTIC CORPORATIONS

NOV 2015

52.217-8 OPTION TO EXTEND SERVICES NOV 1999

52.222-3 CONVICT LABOR (DEVIATION) NOV 2025

52.222-19 CHILD LABOR—COOPERATION WITH AUTHORITIES

AND REMEDIES (DEVIATION)

MAR 2026

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH

DISABILITIES (DEVIATION)

NOV 2025

52.222-41 SERVICE CONTRACT LABOR STANDARDS (DEVIATION) NOV 2025

52.222-50 COMBATING TRAFFICKING IN PERSONS (DEVIATION) NOV 2025

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (DEVIATION) NOV 2025

52.222-55 MINIMUM WAGES FOR CONTRACTOR WORKERS

UNDER EXECUTIVE ORDER 14026 (DEVIATION)

NOV 2025

52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706

(DEVIATION)

NOV 2025

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW

INFORMATION

MAY 2024

52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT

MESSAGING WHILE DRIVING

MAY 2024

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS,

EQUIPMENT, AND VEGETATION

APR 1984

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—

SYSTEM FOR AWARD MANAGEMENT

OCT 2018

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

MAR 2023

52.233-3 PROTEST AFTER AWARD AUG 1996

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM OCT 2004

52.244-

6DEV

SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES

OCT 2025

852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE DEC 2022

852.203-70 COMMERCIAL ADVERTISING MAY 2018

852.242-71 ADMINISTRATIVE CONTRACTING OFFICER OCT 2020

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

PRODUCTS AND COMMERCIAL SERVICES (DEVIATION OCT 2025)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) 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.

(c) 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.

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

(e) 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 FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(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. Examples of occurrences include 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. When an excusable delay occurs, the Contractor shall—

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31

U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(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) 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 that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(4) 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;

(D) Contractor point of contact; and

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

(5) 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 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim 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 FAR part

33 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 FAR part 32).

(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 termination for cause.

(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 for interest credits prescribed in FAR part 32 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 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. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. 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 under this contract 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) 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; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.

chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C.

chapter 21 relating to procurement integrity.

(r) 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 Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract;

(5) Solicitation provisions incorporated in the solicitation;

(6) Other paragraphs of this clause;

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s) Unauthorized obligations.

(1) Except as stated in paragraph (s)(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 (s)(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.

(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This clause does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(u) 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 52.222-44 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT

LABOR STANDARDS—PRICE ADJUSTMENT (NOV 2025) (DEVIATION)

(a) This clause applies to both contracts subject to area prevailing wage determinations and contracts subject to Contractor collective bargaining agreements.

(b) The Contractor warrants that the prices in this contract do not include any allowance for any contingency to cover increased costs for which adjustment is provided under this clause.

(c) The contract price, contract unit price labor rates, or fixed hourly labor rates will be adjusted to reflect increases or decreases by the Contractor in wages and fringe benefits to the extent that these increases or decreases are made to comply with—

(1) An increased or decreased wage determination applied to this contract by operation of law; or

(2) An amendment to the Fair Labor Standards Act of 1938 that is enacted subsequent to award of this contract, affects the minimum wage, and becomes applicable to this contract under law.

(d) Any such adjustment will be limited to increases or decreases in wages and fringe benefits as described in paragraph (c) of this clause, and to the accompanying increases or decreases in social security and unemployment taxes and workers' compensation insurance; it must not otherwise include any amount for general and administrative costs, overhead, or profit.

(e) The Contractor must notify the Contracting Officer of any increase claimed under this clause within 30 days after the effective date of the wage change, unless this period is extended by the Contracting Officer in writing. The Contractor must promptly notify the Contracting Officer of any decrease under this clause, but nothing in the clause shall preclude the Government from asserting a claim within the period permitted by law. The notice must contain a statement of the amount and the change in fixed hourly rates (if this is a time-and-materials or labor-hour contract) claimed and any relevant supporting data that the Contracting Officer may reasonably require. Upon agreement of the parties, the contract price, contract unit price labor rates, or fixed hourly rates must be modified in writing. The Contractor must continue performance pending agreement on or determination of any such adjustment and its effective date.

(f) The Contracting Officer or an authorized representative must, until the expiration of 3 years after final payment under the contract, have access to and the right to examine any directly pertinent books, documents, papers and records of the Contractor.

(End of Clause)

C.3 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

(a) Definitions. As used in this clause—

American Security Drone Act-covered foreign entity means an entity included on a list that the

Federal Acquisition Security Council (FASC) develops and maintains and publishes in the

System for Award Management (SAM) at https://www.sam.gov (section 1822 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

https://www.sam.gov

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.

Covered article, as defined in 41 U.S.C. 4713(k), means:

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153);

(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or

(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means—

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE

Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means—

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of

Federal Regulations, and controlled—

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal

Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part

121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export

Control Reform Act of 2018 (50 U.S.C. 4817).

FASC-prohibited unmanned aircraft system means an unmanned aircraft system manufactured or assembled by an American Security Drone Act—covered foreign entity.

FASCSA order means any of the following orders issued under the Federal Acquisition Supply

Chain Security Act (FASCSA) requiring removing covered articles from executive agency information systems or excluding one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201-1.303(d) and (e):

(1) The Secretary of Homeland Security may issue FASCSA orders that apply to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of

FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.

(2) The Secretary of Defense may issue FASCSA orders that apply to the Department of

Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.

(3) The Director of National Intelligence (DNI) may issue FASCSA orders that apply to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a

DNI FASCSA order.

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.

Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—

(1) The Office of the Director of National Intelligence;

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the

Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;

(9) The Bureau of Intelligence and Research of the Department of State;

(10) The Office of Intelligence and Analysis of the Department of the Treasury;

(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or

(12) Such other elements of any department or agency as may be designated by the

President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.

Interconnection arrangement means arrangements governing the physical connection of two or more networks to allow the use of another’s network to hand off traffic where it is ultimately delivered (e.g., connecting a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

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.

National security system, as defined in 44 U.S.C. 3552, means any information system

(including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency—

(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business…