S02 36C25725Q0708.docx

36C25725Q0708

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

756-26-1-6045-0001

07-10-2025 Sherine Brooks 254-538-0416 08-15-2025

4PM

CDT

36C257 Department Of Veterans Affairs Network Contracting Office 17 5441 Babcock Road Ste. 302 San Antonio, TX 78240

X

517111 1500 Employees

N/A

36C756 El Paso VA Health Care System 5001 N. Piedras St.

El Paso, TX 79930

36C257 Department Of Veterans Affairs Network Contracting Office 17 5441 Babcock Road Ste. 302 San Antonio, TX 78240

This is accomplished through the Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices.

(877) 353-9791

(512) 460-5540

See CONTINUATION Page El Paso Cable TV Services (Base plus 4 option years)

Site Visit: July 17, 2024, 2PM local time POC: Octavio Lujan, (915) 564-6100 ext. 5058, octavio.lujan@va.gov

See CONTINUATION Page

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: TBD

b. GOVERNMENT: Contract Specialist - Sherine Brooks, Sherine.Brooks@va.gov Department Of Veterans Affairs Network Contracting Office 17 5441 Babcock Road Ste. 302 San Antonio, TX 78240

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: [X] Monthly.

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:

B.2 STATEMENT OF WORK

Cable Television Service

1. Service Identification: This requirement is for basic and expanded subscription television service for the El Paso VA Health Care System (ELPVAHCS) main facility located at 5001 N. Piedras St., El Paso, TX 79930, and corresponding Community Based Outpatient Clinics (CBOCs):

Total

2. Scope of Work. The El Paso VA Health Care System (ELPVAHCS) has a requirement to provide cable television services, equipment, and labor as described in the Statement of Work. The provider shall conform to all safety and security requirements and regulations applicable to the provider's activity at the specified location.

a. The provider shall provide all personnel, equipment, tools, materials, supervision, and other items and services necessary to provide cable television services to the ELPVAHCS located at 5001 N. Piedras St., El Paso, TX., and its corresponding CBOCs. The provider shall furnish at its own expense all satellite receivers and/or cable boxes needed to provide service to the facility. This will include more than one receiver/cable box per building if needed to provide access to other television sets.

b. The provider shall provide the capability to change the channel at each television and to be able to watch different programming at each television at the same time. Splitting the signal to other televisions in the building is not acceptable.

c. The provider will furnish the option to upgrade reception hardware at a minimal cost (i.e., capability for Digital Dolby sound, HDTV decoding, and Personal Video Recording capability, etc.), and said cost will be determined through negotiations between the provider and the government.

d. Providers must allow for expansion to new government-owned facilities. Currently, the existing commercial cable service provider services all the cable infrastructures at this location. Therefore, the prospective television-programming provider must furnish at its own expense the necessary infrastructure to distribute the television programming signal to all designated facilities.

e. In instances where there is no existing cable infrastructure, the provider will furnish and install all needed equipment at a negotiated rate acceptable to both parties via a contract modification.

3. Specific Tasks - Cable Television Channel Lineup: The Department of Veterans Affairs recognizes that Federal law prohibits the Government from requiring specific programming on the cable television system. As allowed under 47 U.S.C. 544 (b)(2), the Department of Veterans Affairs is requesting that the provided programming fall under the following broad categories: Local Channels | 24 Hour News | Weather | Sports Stations | Super Stations | Family Favorites | Government Channels

a. The selected provider agrees to provide the broad categories of programming described above. If the provider makes any change in programming services offered or channel positions, the provider shall give the Government a 30-day written notice in advance of such changes. Examples of channels that fall under these categories are listed below:

ESPN / TNT / USA Network / Lifetime Television / FOX News / TBS / Bravo Home & Garden TV (HGTV) / The Learning Channel (TLC) / KEYU - Telemundo KACV – PBS / C Span / KAMR (NBC) / Inspiration / EWTN (Catholic Network) EWTN Espanol / OWN / Trinity Broadcasting (TBN) / CNN / ABC Family / A&E Food Network / FOX Sports Southwest / FX / Comedy Central / The History Channel Galavision / ESPN2 / Discovery Channel / C Span 2 / American Movie Classics (AMC) / Sci-Fi Channel / Turner Classic Movies / TruTv / Disney Channel / KFDA (CBS) / KCIT (FOX 14) / Animal Planet / KVII (The CW) / KCPN (UPN 65) / KVII (ABC) / LMN / Community Channel / E! Entertainment / The Weather Channel / Travel Channel / CNBC / MSNBC / Univision

b. Additional channels are to be added upon request and availability. Approval for the addition of channels can only come from the Contracting Officer.

c. The provider shall ensure that the system is designed, installed, and operated in a manner that meets or exceeds the industry technical standards. These standards are mandatory and shall apply to all classes of television channels. The provider shall at all times maintain and operate the system in strict compliance and will comply with the following:

i. The provider recognizes that signal leakage or other interference, including emission, radiation, or induction, from the satellite system that affects the Government's communications or healthcare facilities, or other electronic device or equipment located on Government property may disrupt or endanger healthcare activities and may pose a threat to the safety of both the public and VA personnel. The provider shall take all necessary actions, including testing, maintenance, and coordination with Government personnel, to prevent any such leakage or interference. Upon receiving notice of such leakage or interference from whatever source, including the provider's own testing and monitoring activities, the provider shall immediately take corrective action at its own expense to eliminate the leakage or interference. Compliance with the technical standards set forth or incorporated in this contract shall not relieve the provider of its obligations arising under this subparagraph.

d. The Contracting Officer Representative (COR) shall approve all fiber and cable installations before commencement of work.

e. Period of Performance:

Base Year: October 6, 2025 – October 5, 2026 Option Year 1: October 6, 2026 – October 5, 2027 Option Year 2: October 6, 2027 – October 5, 2028 Option Year 3: October 6, 2029 – October 5, 2029 Option Year 4: October 6, 2029 – October 5, 2030

4. CATV Service and Maintenance

a. Service shall be provided in accordance with industry standards. The provider shall respond to reports of trouble within twenty-four (24) hours. Weekends and holidays shall not be included in the twenty-four (24) hour period for the administrative areas. Weekends and holidays shall be included if the outage is determined to be in a public or lodging area, as determined by the COR. If the trouble is determined to be caused by factors not attributed to the provider’s equipment or service, the provider shall notify the Government of the nature of the outage

b. The provider shall provide the Contracting Officer with a redline drawing of any new installations within 10 working days of the completion of the installation. Failure to provide redline (as-built) drawings will result in a delay of payments. Periodically, the government will provide the provider copies of the base maps, including CATV locations. The provider shall review these maps, make corrections, and return the redlined drawings within 15 working days to the Contracting Officer. The government requires the revisions in an electronic MICROSTATION format. Drawing shall include legend, distance grid, scale, direction, or date of plans, accurate ending points for underground cable to include fiber cable, street labels for other than main thoroughfares are not shown, notations for underground cabling, notations for fiber optic cable, and coax cable.

c. Testing and Measurement: The provider shall conduct at its own expense and with its equipment all tests and measurements recommended or required by the FCC as outlined in 47 CFR Part 76 as that part exists on the effective date of this contract. At the direction of the Contracting Officer, the provider shall conduct tests and measurements to demonstrate that the system meets or exceeds the industry technical standards. The Contracting Officer may direct such tests and measurements twice each calendar year and whenever the Contracting Officer or COR has reasonable cause to believe that the system does not meet the industry technical standards. Such tests and measurements shall be conducted by the provider at the provider’s own expense and with its equipment for any and all activated channels. Immediately upon completion of any such test or measurement, the provider shall provide the results of such test or measurement, including raw data, summaries, and conclusions, to the Contracting Officer and COR.

d. CATV Installation: All new and initial cable installation for the ELPVAHCS will be at the direction of the Contracting Officer’s Representative. Any installations completed without the express written consent of the Contracting officer are completed at the provider’s own risk without guarantee of payment.

5. Performance Monitoring

a. The COR or designated representative (including a private cable TV expert or consultant) may inspect and conduct tests and measurements of the provider's equipment and facilities. Except in the case of an emergency, the COR shall conduct such inspections, tests, and measurements in a manner that will minimize any disruption of the provider's operations.

b. If requested, the manager of the provider's CATV system shall be available for periodic meetings at least quarterly, or as needed, with the Contracting Officer and supporting personnel to review the provider's performance under this Contract.

6. Security Requirements

a. All Vendor personnel, before performing work on any ELPVAHCS facility, will check in and out with the facility’s Police Service for issuance of a visitor’s badge.

b. No Vendor personnel will be authorized access to Protected Health Information (PHI) or Personally Identifiable Information (PII).

c. No Vendor personnel will be authorized access to VA computers or networking LAN equipment.

7. Government-Furnished Equipment (GFE)/Government-Furnished Information (GFI).

a. The Government shall provide a location on site with adequate room for provider-owned equipment if required. Adequate room will be made available to install any needed dish antennas or a head-in system.

b. Telephone numbers for the Department of Veterans Affairs points of contact shall be provided to the provider no more than 30 days after award of the Contract.

8. Other Pertinent Information or Special Considerations.

a. The provider shall upgrade the ELPVAHCS cable TV system with current technology comparable to the local community and surrounding area standards as necessary. The upgrade will be at no cost to the VA.

b. The Government recognizes that, over the term of this subsequent contract, television technology, the regulation of television, and the programming services available for distribution will undergo continual change. The technology, equipment, and services required by this SOW may become obsolete, uneconomical, or otherwise disadvantageous to the government. The provider and the government agree to consider, in good faith, proposals submitted by either party for modification of this SOW to permit the introduction of new equipment and technology or to otherwise improve CATV service at the ELPVAHCS. Modifications under the subsequent contract will conform to FCC guidelines and standard industry practices.

c. Length of Service shall be for one base year with 4 one one-year options of continuing the service. The Government may add or terminate television services at any building, outlet, or drop without penalty. There shall be no “term” or minimum length of service required for television services at any location. There shall be no termination fee for terminating service, and if the Government has prepaid for any service, the provider will reimburse the Government the appropriate pro rata share of that cost.

9. Identification, Parking, Smoking, and Regulations:

a. The Contractor’s personnel will wear visible identification issued by the ELPVHCS Security and Police Service at all times while on the premises.

b. It is the responsibility of the Contractor to park in the appropriate designated parking areas. Parking information is available for the Security and Police Service. The ELPVAHCS will not validate or make reimbursement for parking violations of the Contractor under any conditions.

c. Smoking is prohibited inside any buildings at the ELPVAHCS. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District court, not a local district, state, or municipal court.

10. Risk Control:

a. The Vendor will not interact with patients.

b. The provider shall operate the system in a manner that protects against invasions of any subscriber's privacy and in conformance with the subscriber privacy requirements of federal law.

c. The provider may obtain and use information which identifies any subscriber on an individual basis only to the extent necessary for installation of service, rendering service requested by a subscriber, maintenance, billing, and accounting purposes, or as otherwise required by law or this contract or as expressly authorized in writing by a subscriber.

11. Privacy and Records Management - NARA RECORDS MANAGEMENT

a. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

b. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

c. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government, and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

d. El Paso Veteran Affairs Health Care System (EPVAHCS) and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of EPVAHCS or destroyed except in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage, or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701.

e. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to EPVAHCS. The agency must report promptly to NARA in accordance with 36 CFR 1230.

f. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records, or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records, and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records, and/or equipment are no longer required, it shall be returned to EPVAHCS control, or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand-carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or the address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

g. The Contractor is required to obtain the Contracting Officer's approval before engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material, and/or records generated under, or relating to, contracts. The Contractor (and any subcontractor) is required to abide by Government and EPVAHCS guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

h. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with EPVAHCS policy.

i. The Contractor shall not create or maintain any records containing any non-public EPVAHCS information that are not specifically tied to or authorized by the contract.

j. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

k. The EPVAHCS owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which EPVAHCS shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

l. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VHA-provided records management training, Talent Management System (TMS) Item #10176, Privacy and Information Security, Rules of Behavior. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

m. References. VHA Directive 6300(1) National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a).

End Statement of Work

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Cable Television Services for ELPVAHCS Main Facility (77 drops) 5001 N. Piedras St., El Paso, TX 79930 1st Floor - 14 drops 2nd Floor - 18 drops 3rd Floor - 25 drops 4th Floor - 20 drops Contract Period: Base POP Begin: 10-06-2025 POP End: 10-05-2026

Cable Television Service for ELVAHCS South Central CBOC (1 drop) 350 South Revere St. El Paso, TX 79905 Contract Period: Base

Cable television service for ELPVAHCS West Side CBOC (5 drops) 1870 Northwester Dr., El Paso, TX 79912 Contract Period: Base

Cable television service for ELPVAHCS East Side CBOC (3 drops) 2400 Trawood Dr. Suite 200 El Paso, TX 79936 Contract Period: Base

Cable television service for ELPVAHCS Northeast CBOC ( 2 drops) 5229 Sanders Ave., El Paso, TX 79924 Contract Period: Base

Cable television service for ELPVAHCS JIF Sleep Center (7 drops) 1250 E. Cliff Dr., El Paso, TX 79902 Contract Period: Base

Main VA M&O Shop (3 drops)

Contract Period: Base

Cable/Fiber Port Installation (as needed) (Base Year Only)

Not-To-Exceed. The Government will enter an amount upon award.

Contract Period: Base

Cable Television Services for ELPVAHCS Main Facility (77 drops)

1st Floor - 14 drops 2nd Floor - 18 drops 3rd Floor - 25 drops 4th Floor - 20 drops Contract Period: Option 1 POP Begin: 10-06-2026 POP End: 10-05-2027

Cable Television Service for ELVAHCS South Central CBOC (1 drop)

Contract Period: Base

Cable television service for ELPVAHCS West Side CBOC (5 drops)

Contract Period: Base

Cable television service for ELPVAHCS East Side CBOC (3 drops)

Contract Period: Option 1

Cable television service for ELPVAHCS Northeast CBOC ( 2 drops)

Contract Period: Option 1

Cable television service for ELPVAHCS JIF Sleep Center (7 drops)

Contract Period: Option 1

Main VA M&O Shop (3 drops)

Contract Period: Option 1

Cable Television Services for ELPVAHCS Main Facility (77 drops)

1st Floor - 14 drops 2nd Floor - 18 drops 3rd Floor - 25 drops 4th Floor - 20 drops Contract Period: Option 2 POP Begin: 10-06-2027 POP End: 10-05-2028

Cable Television Service for ELVAHCS South Central CBOC (1 drop)

Contract Period: Option 2

Cable television service for ELPVAHCS West Side CBOC (5 drops)

Contract Period: Option 2

Cable television service for ELPVAHCS East Side CBOC (3 drops)

Contract Period: Option 2

Cable television service for ELPVAHCS Northeast CBOC ( 2 drops)

Contract Period: Option 2

Cable television service for ELPVAHCS JIF Sleep Center (7 drops)

Contract Period: Option 2

Main VA M&O Shop (3 drops)

Contract Period: Option 2

Cable Television Services for ELPVAHCS Main Facility (77 drops)

1st Floor - 14 drops 2nd Floor - 18 drops 3rd Floor - 25 drops 4th Floor - 20 drops Contract Period: Option 3 POP Begin: 10-06-2028 POP End: 10-05-2029

Cable Television Service for ELVAHCS South Central CBOC (1 drop)

Contract Period: Option 3

Cable television service for ELPVAHCS West Side CBOC (5 drops)

Contract Period: Option 3

Cable television service for ELPVAHCS East Side CBOC (3 drops)

Contract Period: Option 3

Cable television service for ELPVAHCS Northeast CBOC ( 2 drops)

Contract Period: Option 3

Cable television service for ELPVAHCS JIF Sleep Center (7 drops)

Contract Period: Option 3

Main VA M&O Shop (3 drops)

Contract Period: Option 3

Cable Television Services for ELPVAHCS Main Facility (77 drops)

1st Floor - 14 drops 2nd Floor - 18 drops 3rd Floor - 25 drops 4th Floor - 20 drops Contract Period: Option 4 POP Begin: 10-06-2029 POP End: 10-05-2030

Cable Television Service for ELVAHCS South Central CBOC (1 drop)

Contract Period: Option 4

Cable television service for ELPVAHCS West Side CBOC (5 drops)

Contract Period: Option 4

Cable television service for ELPVAHCS East Side CBOC (3 drops)

Contract Period: Option 4

Cable television service for ELPVAHCS Northeast CBOC ( 2 drops)

Contract Period: Option 4

Cable television service for ELPVAHCS JIF Sleep Center (7 drops)

Contract Period: Option 4

Main VA M&O Shop (3 drops)

Contract Period: Option 4

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Clause)

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 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:

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

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

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

[] (4) 52.203–17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

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

[] (6) [Reserved] [] (7) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

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

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

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

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

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

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

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

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

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

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

[] (ii) Alternate I (MAR 2020) of 52.219-6.

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

[] (ii) Alternate I (MAR 2020) of 52.219-7.

[] (20) 52.219-8, Utilization of Small Business Concerns (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) Alternate I (MAR 2020) of 52.219-13.

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

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

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

[X] (26) (i) 52.219-28, 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) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

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

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

[] (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).

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

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

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

[X] (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 Potential Hydrofluorocarbons (MAY 2024) (42 U.S.C. 7671, et seq.).

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

[] (44) 52.223-20, Aerosols. (MAY 2024) (42 U.S.C. 7671, et seq.).

[] (45) 52.223-21, Foams (MAY 2024). (42 U.S.C. 7671, et seq.).

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

[] (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[] (ii) Alternate I (JAN 2017) of 52.224-3.

[] (48)(i) 52.225-1, Buy American—Supplies (OCT 2022) (41 U.S.C. chapter 83).

[] (ii) Alternate I (OCT 2022) of 52.225-1.

[] (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[] (ii) Alternate I [Reserved].

[] (iii) Alternate II (JAN 2025) of 52.225-3.

[] (iv) Alternate III (FEB 2024) of 52.225-3.

[] (v) Alternate IV (OCT 2022) of 52.225-3.

[] (50) 52.225–5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note [X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

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

[] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

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

[X] (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024) (E.O. 13513) [] (56) 52.229–12, Tax on Certain Foreign Procurements (FEB 2021).

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

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

[X] (59) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).

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

[] (61) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

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

[X] (63) 52.240–1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act—Covered Foreign Entities (NOV 2024) (Sections 1821–1826, Pub. L. 118–31, 41 U.S.C. 3901 note prec.).

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

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

[] (ii) Alternate I (APR 2003) of 52.247-64.

[] (iii) Alternate II (NOV 2021) of 52.247-64.

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

[X] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

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

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

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

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

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

[X] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

[X] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

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

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

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

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

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

(ii) 52.203–17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712).

(iii) 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)).

(iv) 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).

(v) 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).

(vi) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117–328).

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

(B) Alternate I (DEC 2023) of 52.204–30.

(viii) 52.219–8, Utilization of Small Business Concerns (JAN 2025) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219–8 in lower tier subcontracts that offer subcontracting opportunities.

(ix) [Reserved]

(x) [Reserved]

(xi) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(xii) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(xiii) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xv) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(xvi)(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

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

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

(xix) 52.222-54, Employment Eligibility Verification (JAN 2025) (E.O. 12989).

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

(xxi) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(xxii)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

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

(xxiv) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

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