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

568-26-4-9006-0073

36C26326Q1006

Leonard Carter NA 08-21-2026 4:00pm EDT

36C263

DEPARTMENT OF VETERANS AFFAIRS

NETWORK CONTRACTING OFFICE 23

316 ROBERT STREET N, SUITE 506

SAINT PAUL MN 55101

X

561210

$47 Million

N/A

X

DEPARTMENT OF VETERANS AFFAIRS

VA Black Hills Health Care System

113 Comanche Rd.

Fort Meade SD 57741

DEPARTMENT OF VETERANS AFFAIRS

NETWORK CONTRACTING OFFICE 23

316 ROBERT STREET N, SUITE 506

SAINT PAUL MN 55101

Y

DEPARTMENT OF VETERANS AFFAIRS

Tungsten Electronic Invoicing VA Tungsten Number is: AAA544240062 va.registration@tungsten-network.com Refer to VAAR Clause 852.232-72

1-877-489-6135

See CONTINUATION Page

Fire Damper Inspection, Maintenance, and Testing Services for the Black Hills VAHCS as required by the attached SOW.

Offerors shall be registered and active at System for Award Management (SAM) https://beta.sam.gov at time of offer.

All questions regarding this requirement must be received by 08/17/2026 by 4:00pm EST to leonard.carter@va.gov.

All quotes must be received 08/21/2026 by 4:00pm EST to leonard.carter@va.gov.

Offers must follow submission instructions specified in FAR provisions 52.212-1 and 52.212-2 and their addendums. Failure to follow the submission instructions shall result in the quote being found non-responsive and shall not be considered for award.

See CONTINUATION Page 568-3660162-9006-850300-2543-010055590 568-26-4-9006-0073

TBD

X X

X 1

Curt LaRose

VA-VHA-RPOC-2024-0072

08-11-2026

36C26326Q1006

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF WORK

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.3 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY

2014)

C.4 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS

(DEVIATION APR 2026)

C.5 52.223-23 SUSTAINABLE PRODUCTS (NOV 2025) (DEVIATION)

C.6 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

E.2 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL

ITEMS

E.3 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.4 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)

E.5 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS

AND CERTIFICATIONS (NOV 2025) (DEVIATION)

E.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

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

DEPARTMENT OF VETERANS AFFAIRS

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:

[] 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 receipt of final invoice.

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

VA Black Hills Health Care System (VA BHHCS) {Enter Package Number and Name}

Fire, Smoke and Combination Fire/Smoke Damper inspection, Testing, Maintenance, and

Repair Services

Facilities Management – Fire Department General Conditions and Statement of Work

1. The VA Black Hills Health Care System (VA BHHCS) has a requirement to procure a Service Agreement to provide inspection, testing and maintenance of the fire, smoke, and combination fire/smoke dampers at the VA BHHCS hospitals in Fort Meade and Hot Springs, South Dakota.

Services shall be performed in accordance with NFPA standards, manufacturer recommendations, and VA requirements. The contractor shall perform inspection, testing, documentation, labeling, repair, and access panel installation necessary to maintain dampers in proper operating condition and according to the terms and conditions stated herein.

The purpose of this procurement is to maintain compliance with applicable National Fire Protection Association (NFPA) standards and healthcare regulatory requirements governing inspection, testing, and maintenance of fire and smoke dampers.

PERFORMANCE:

1.1. The contractor shall provide appropriate number of trips to the VA BHHCS hospitals in Fort Meade and Hot Springs, South Dakota during the Service

Agreement period to perform the inspection/testing during our business hours.

See Hours of Services section. Testing in critical areas may be required to occur during non-business hours. These activities will be coordinated with the service lines through the Contracting Officers Representative.

1.2. Contractor shall request in writing to COR a minimum of 2 weeks prior to when the activities are desired to occur, and when anticipating moving into a new area, to allow for service line coordination. Actual time given to the contractor to complete activities will be dependent on operational requirements of the service line. Prior to the start of activities, the contractor will be required to attend a Preconstruction Risk Assessment (PCRA) and implement any protective measures deemed required by the PCRA.

1.3. Services shall be performed in accordance with:

1.3.1. NFPA 80 (2025 Edition) – Standard for Fire Doors and Other Opening

Protectives

1.3.2. NFPA 105 (2025 Edition) – Smoke Door Assemblies and Other Opening

Protectives

1.3.3. Applicable VA life safety program requirements

HOURS OF SERVICES:

1.4. The Contractor shall perform the services as specified herein Monday through Friday with the exception of National Holidays between the hours of 8:00a.m. – 4:30p.m.

1.5. GOVERNMENT NATIONAL HOLIDAYS: The Contractor is not required to provide services on the following national holidays, nor shall the Contractor be paid for these holidays unless previously coordinated with the COR:

New Year’s Day January 1

Martin Luther King ‘s Birthday Third Monday in January

President’s Day Third Monday in February

Memorial Day Last Monday in May

Juneteenth June 19

Independence Day July 4

Labor Day First Monday in September

Columbus Day Second Monday in October

Veterans Day November 11

Thanksgiving Day Fourth Thursday in November

Christmas Day December 25

1.6. When a holiday falls on a Sunday, the following Monday will be observed as a legal holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a legal holiday by the U.S. Government agencies. Also included, would be any other day specifically declared by the President of the United States of America to be a National Holiday.

Contractor Responsibilities:

1.7. The Contractor shall take all precautions necessary to protect against injury or damage during the performance of this contract. The Contractor shall be responsible for any injury to Contractor’s employees as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by contractor’s employees’ fault or negligence.

1.8. Contractor shall coordinate the work schedule with the VA contact. Work may be required to be performed outside of normal duty hours as required by hospital operations. Any work resulting in hours outside from 8:00am to 4:30pm CT because of operational impacts shall occur at no additional expense to the Government.

1.9. Contractor shall provide personnel on-site at VA BHHCS to perform services under this Statement of Work within 10 calendar days of request.

1.10. Contractor shall respond within five (5) calendar days to VA BHHCS inquiries or questions and provide revised documents (if necessary).

1.11. The contractor shall provide all labor, resources, and travel necessary to complete the services as required within this statement of work.

1.12. Technicians shall provide all tools and labor necessary to perform inspections, installations, repairs, as required by this statement of work.

1.13. Safety Requirements: The Contractor shall be responsible for providing safety measures to conduct the work. The Contractor shall comply with all VA and OSHA safety and security measure such as, the lock-out-tag program and special work permits. The contractor is also required to coordinate with the VATR or designee to gain access to the specific work area along with obtaining identification badges for all personnel prior to commencement of services.

1.14. It shall be understood that, throughout performance of the contract, the Contractor’s personnel, while on VA property, shall adhere to all requirements and regulations that govern the VA Health Care System and its property.

1.15. Among all other requirements, the VA Health Care System and its property is entirely smoke-free.

1.16. Contractor and their personnel shall follow all U.S. Department of Veterans Affairs (VA) policies, standard operating procedures, applicable laws, and applicable regulations while on VA property. Violations of this may result in citation and disciplinary measures for persons violating the law.

1.17. Contractor and their personnel shall always wear visible identification while they are on premises.

1.18. Possession of weapons is prohibited.

1.19. Contractor shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract.

VA BHHCS Responsibilities:

1.20. Provide any current available formats of damper locations.

1.21. Provide excel spreadsheet which will be used as a shared resource to update inventories, track findings, and everything necessary for documentation purposes for this contract.

1.22. VA BHHCS will consider requests made by the contractor that are considered reasonable by VA BHHCS and have been presented in writing as indicated in paragraph 2.2

1.23. CONTRACTOR PERSONNEL ACCEPTANCE: The Government reserves the right to accept or reject Contractor’s staff for the rendering of services. Complaints concerning Contract Personnel’s performance or conduct shall be dealt with by the Contractor, VA representative and the final decision made by the Contracting Officer.

Overall reporting requirements

1.24. Spreadsheet:

1.24.1. Contractor shall track changes in provided excel spreadsheet to aid in updating VHA records.

1.25. Drawings:

1.25.1. Provide updated drawings in AutoCAD and pdf format.

Field Verification (CLIN1)

1.26. Applicable to Active Fire, Active Smoke, and Abandoned Fire dampers.

1.26.1. Confirm access for each damper and document deficiencies. Note which access panel or inspection fitting from paragraph 9 provide access to inspect damper for inaccessible dampers.

1.26.2. Confirm damper at location can be tested or witnessed from access point.

1.26.3. Label every damper on the VA provided inventory and any found that are not included in the inventory in the “Description/Location” column.

1.26.3.1. Red background with white font. Size 12 print minimum.

1.26.3.1.1. Dampers above lay-in ceilings.

1.26.3.1.1.1. Ceiling grid labeled with damper number found in spreadsheet. 7.1.3.1.1.2. Damper labeled above ceiling with damper number found in spreadsheet.

1.26.3.1.2. Dampers in mechanical room areas.

1.26.3.1.2.1. Label by applicable access panel with damper number found in spreadsheet.

1.26.3.1.2.2. Contractor shall remove all old labels found for all dampers covered by this statement of work.

1.26.4. Relocate fire alarm devices to gain access as required.

1.27. Reporting:

1.27.1. Update details in VA provided spreadsheet where found incorrect, incomplete or in addition to existing information in the description column.

1.27.1.1. Duct size

1.27.1.2. What ductwork is serving. Supply air, exhaust air, and return air.

1.27.1.3. Description where to find damper.

1.27.1.4. Room number.

1.27.1.5. Damper orientation (Vertical = perpendicular to ground and

Horizontal = parallel to ground).

1.27.1.6. Eliminate duplicates.

1.27.2. Document access in the “deficiencies” column for each damper in VA provided spreadsheet. Include details for which damper access device size would provide access to observe or test damper. Contractor must note largest possible access panel that ductwork can support.

Inspection and Testing

1.28. Abandoned Damper inspection (CLIN2)

1.28.1. Applicable to abandoned Fire dampers.

1.28.2. Confirm fire dampers are closed at locations identified in inventory.

1.28.3. Reporting:

1.28.3.1. Document observations in VA provided spreadsheet.

1.29. Smoke and Fire/Smoke Damper Testing and Inspection (CLIN3)

1.29.1. Applicable to Fire/Smoke dampers.

1.29.2. Test as per current adopted NFPA 80 requirements

1.29.3. Contractor shall include personal required to operate fire alarm panel.

1.29.4. Contractor shall include personal required to safely operate elevators for contractor to access dampers in elevator shafts.

1.29.4.1. Reporting: Document observations in VA provided spreadsheet for all eight entries for inspection of damper.

1.30. Fire damper Testing and Inspection (CLIN4)

1.30.1. Applicable to active Fire dampers.

1.30.2. Test as per current adopted NFPA 80 requirements.

1.30.3. Reporting:

1.30.3.1. Document observations in VA provided spreadsheet for all entries for inspection of damper.

2. Parts for repair (CLIN9)

2.1. If repairs resultant from inspections are identified, the Contractor shall provide all replacement parts needed to keep the failed component in operating condition as originally designed by the manufacturer. Parts may be repaired or replaced, as the contractor deems appropriate, so long as amount listed in

CLINs for Parts Repair cited in Section B.2 (Price/Cost Schedule) are not exceeded. No used parts will be used to repair this equipment.

2.2. For repairs, Contractor shall furnish the VATR with a written estimate of the cost to make necessary repairs. Contractor shall also provide a comparison quote to the VATR for what that item would have cost for commercial pricing so Government has basis for making price fair and reasonableness determination, or as alternative, Contractor shall provide a quote provided to another federal agency for similar item for determination purposes. If cost exceeds cost listed for applicable line item in Section B.2 (Price/Cost Schedule), the Contracting Officer shall consider issuing a bilateral contract modification to increase funding for this line item per coordination with VATR, that includes supporting documentation as cited above.

2.3. Access Panels

2.3.1. Small access panel (CLIN5)

2.3.1.1. Contractor shall provide, modify ductwork, patch and repair insulation, and install access panels ranging from 6/6, 8/8, or 10/10.

2.3.1.2. Square door with double cam.1

2.3.2. Medium access panel (CLIN6)

2.3.2.1. Contractor shall provide, modify ductwork, patch and repair insulation, and install access panels ranging from 10/10, 12/12, or 14/14.

2.3.2.2. Square door with double cam.1

2.3.3. Large access panel (CLIN7)

2.3.3.1. Contractor shall provide, modify ductwork, patch and repair insulation, and install access panels ranging from 16/16, 18/18, 20/20, 22/22 or 24/24.

2.3.3.2. Square door with double cam.1

2.3.4. Access Panel Requirements: Ductmate industries or approved equal double cam access doors. To provide easy access into air ducts and units.

This door was developed as an inexpensive alternative to the Ductmate Sandwich® Access Door, for low pressure applications.

2.3.4.1. TECHNICAL INFORMATION:

2.3.4.1.1. DOOR Consists of two, 24 gauge galvanized steel

panels mechanically locked together

2.3.4.1.2. INSULATION 1” High density fiberglass insulation with

UL classification: FHC25/50 and R-value 4.2.

2.3.4.1.3. GASKET Closed cell cross-linked polyethylene gasket with a service temperature range of -70°F to 175°F. The gasket is bonded to the inside of both the Dovetail and Press-On frames and also to the outside of the Dovetail frame only. Double Sided Adhesive Gasket: Closed cell cross-linked polyethylene is UL94HF1 listed with a service temperature range of -110°F to 158°F. This gasket is bonded to the outside of the Press-On frame only.

2.3.4.1.4. DOVETAIL FRAME Frames measuring 6” x 6” to 12” x 12” are manufactured from 24-gauge galvanized steel. Frames measuring 14” x 14” to 24” x 24” are manufactured from 22-gauge galvanized steel. All frames are manufactured with fastened corners for increased strength and an improved Dovetail design for easy installation on Metal Duct, 1” Duct Board or 1½” Duct Board.

2.3.4.1.5. PRESS-ON FRAME Frames measuring 6” x 6” to 12” x 12” are manufactured from 24-gauge galvanized steel. Frames measuring 14” x 14” to 24” x 24” are manufactured from 22-gauge galvanized steel. A durable double sided adhesive gasket allows for easy installation to metal ductwork.

2.3.4.1.6. CAM & LATCH The cam is manufactured from 16-gauge

galvanized steel and the latch is manufactured from 20-gauge galvanized steel. Each cam is secured to the door with a rivet. The latch is securely fastened to the frame.

2.4. Camera Inspection Hole Plug (CLIN8)

2.4.1. Contractor shall provide, modify ductwork, patch and repair insulation, and install hole plugs.

2.4.2. Button Plugs with Recessed-Type Heads: Black Low-density polyethylene with recessed type heads secured in place by bead. Service Temperature: -94 - 175° F.

BADGES AND PARKING:

2.5. All Contractor personnel are required to wear identification (I.D.) badges issued by the VA BHHCS Engineering office during the entire time they are on the VA BHHCS grounds.

2.6. It is the responsibility of the Contractor’s personnel to park in the appropriate designated parking areas. Parking information is available from the VA BHHCS security office. The VA BHHCS shall not validate or make reimbursement for parking violations of the Contractor’s personnel under any circumstance.

AUTHORIZED SERVICES:

2.7. Only those services specified herein are authorized under this contract. Prior to performing any service of a non-contract nature, the Contracting Officer (CO) must be advised of the reasons for this additional work. Only the Contracting Officer may authorize additional services, and reimbursement will not be made unless prior authorization has been obtained.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 JB __________________ __________________

Damper Inspection and Testing Contract Period: Base POP Begin: 09-01-2026 POP End: 12-01-2026 PRINCIPAL NAICS CODE: 561210 - Facilities Support Services PRODUCT/SERVICE CODE: H342 - Inspection - Fire Fighting, Rescue, and Safety Equipment; Environmental Protection Equipment and Materials LOCAL STOCK NUMBER: na

Damper Repairs [Labor and Typical Parts Range] Contract Period: Base POP Begin: 09-01-2026 POP End: 12-01-2026 PRINCIPAL NAICS CODE: 561210 - Facilities Support Services PRODUCT/SERVICE CODE: H342 - Inspection - Fire Fighting, Rescue, and Safety

Access Panel Installation [S/M/L] Contract Period: Base POP Begin: 09-01-2026 POP End: 12-01-2026 PRINCIPAL NAICS CODE: 561210 - Facilities Support Services PRODUCT/SERVICE CODE: H342 - Inspection - Fire Fighting, Rescue, and Safety

Camera Inspection Hole Plug Installation - included with price for inspection.

Contract Period: Base POP Begin: 09-01-2026 POP End: 12-01-2026 PRINCIPAL NAICS CODE: 561210 - Facilities Support Services PRODUCT/SERVICE CODE: H342 - Inspection - Fire Fighting, Rescue, and Safety

Travel/Mobilization Fees to Fort Meade & Hot Springs, SD - Travel/Mobilization Fees to Fort Meade & Hot Springs, SD Included in inspection and testing price.

Contract Period: Base POP Begin: 09-01-2026 POP End: 12-01-2026 PRINCIPAL NAICS CODE: 561210 - Facilities Support Services PRODUCT/SERVICE CODE: H342 - Inspection - Fire Fighting, Rescue, and Safety

GRAND TOTAL __________________

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

(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 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)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

(End of Addendum to 52.212-4)

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of Clause)

C.3 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES

(MAY 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5332.

This Statement is for Information Only:

It is not a Wage Determination

Employee Class Monetary Wage-Fringe Benefits

(End of Clause)

C.4 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL

CONTRACTORS (DEVIATION APR 2026)

(a)Definitions. As used in this clause—

Program participation means membership or participation in, or access or admission to:

training, mentoring, or leadership development programs; educational opportunities; clubs;

associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.

Racially discriminatory diversity, equity, and inclusion (DEI) activities means disparate treatment based on race or ethnicity in the recruitment, employment (e.g., hiring, promotions), contracting (e.g., vendor agreements), program participation, or allocation or deployment of an entity's resources.

(b) In connection with the performance of work under this contract, the Contractor agrees as follows:

(1) The Contractor will not engage in any racially discriminatory DEI activities;

(2) The Contractor will furnish all information and reports, including providing access to books, records, and accounts, as required by the Contracting Officer, for purposes of ascertaining compliance with this clause;

(3) In the event of the Contractor's or a subcontractor's noncompliance with this clause, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor or subcontractor may be declared ineligible for further Government contracts;

(4) The Contractor will report any subcontractor's known or reasonably knowable conduct that may violate this clause to the Contracting Officer and take any appropriate remedial actions directed by the Contracting Officer; and

(5) The Contractor will inform the Contracting Officer if a subcontractor sues the Contractor and the suit puts at issue, in any way, the validity of this clause.

(6) The Contractor recognizes that compliance with the requirements of this clause are material to the Government's payment decisions for purposes of 31 U.S.C. 3729(b)(4).

(c) The Contractor must include the substance of this clause, including this paragraph (c), in subcontracts at any tier, including those for commercial products and commercial services, except those where the place of delivery or performance is outside the United States.

(End of Clause)

C.5 52.223-23 SUSTAINABLE PRODUCTS (NOV 2025) (DEVIATION)

(a) Definitions. As used in this clause—

Sustainable products means—

(1) A product that contains recovered material designated by the EPA under the Comprehensive Procurement Guidelines (42 U.S.C. 6962) (40 CFR part 247) (https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products).

(2) An energy-efficient product or low standby power device (42 U.S.C. 8259b) (10 CFR part 436, subpart C) (https://www.energy.gov/femp/search-energy-efficient-products, https://www.energystar.gov/products?s=mega, and https://www.energy.gov/femp/low-standby-power-product-list).

(3) A biobased product that meets the content requirements of the USDA under the BioPreferred® program (7 U.S.C. 8102) (7 CFR Part 4270) (https://www.biopreferred.gov/)

(4) A substance identified in the EPA’s Significant New Alternatives Policy (SNAP) program as a safe alternative to an ozone-depleting substance (42 U.S.C. 7671l) (40 CFR part 82, subpart G) (https://www.epa.gov/snap/unacceptable-and-acceptable-substitutes-tables).

(b) Requirements. The Government has identified in the statement of work or elsewhere in the contract the sustainable products that are required during the performance of this contract. The Contractor shall ensure that it provides sustainable products as required by this contract, when the products are—

(1) Delivered to the Government;

(2)Furnished for use by the Government;

(3) Incorporated into the construction of a public building or public work; or

(c) Furnished for use in performing services under this contract, where the cost of the products is a direct cost to this contract.

(End of Clause)

C.6 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 https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products https://www.energy.gov/femp/search-energy-efficient-products https://www.energystar.gov/products?s=mega https://www.energy.gov/femp/low-standby-power-product-list https://www.energy.gov/femp/low-standby-power-product-list https://www.biopreferred.gov/ https://www.epa.gov/snap/unacceptable-and-acceptable-substitutes-tables

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).

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— https://www.sam.gov

(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…