S02 36C26326Q1095.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

36C26326Q1095 09-10-2026

Emanuel Nevarez (320)255-6354 09-17-2026

1300 CDT

36C263

DEPARTMENT OF VETERANS AFFAIRS

NETWORK CONTRACTING OFFICE 23

4801 VETERANS DRIVE

SAINT CLOUD MN 56303

X

541519

$34 Million

N/A

X

36C437

DEPARTMENT OF VETERANS AFFAIRS

Fargo VA Health Care System

2101 Elm St N Fargo ND 58102

36C263

DEPARTMENT OF VETERANS AFFAIRS

NETWORK CONTRACTING OFFICE 23

36C437

DEPARTMENT OF VETERANS AFFAIRS

Tungsten Electronic Invoicing va.registration@tungsten-network.com va.registration@tungsten-network.com Refer to VAAR Clause 852.232-72

1-877-489-6135

See CONTINUATION Page

Overhead Paging System to Support Fargo VA Health Care System.

Offers shall follow the submission instructions specified in FAR Provisions 52.212-1 and 52.212-2, and their addendums included in this solicitation. Failure to follow the instructions will result in an unfavorable evaluation.

Refer to Price/Cost Schedule for line items.

Offerors shall pay special attention to the 52.225-6 Trade Agreements Certificate. Offerors shall complete this portion and submit with offer to be considered responsible.

All questions must be in writing and emailed to emanuel.nevarez@va.gov. All questions must be received no later than 1300 CST 09/14/2026.

See CONTINUATION Page

X X

X (1)

Emanuel Nevarez

VA-VHA-RPOC-2026-0002

36C26326Q1095

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

B.4 DELIVERY SCHEDULE

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

C.2 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS

(DEVIATION APR 2026)

C.3 52.223-23 SUSTAINABLE PRODUCTS (NOV 2025) (DEVIATION)

C.4 52.225-5 TRADE AGREEMENTS (NOV 2023)

C.5 52.225-6 TRADE AGREEMENTS CERTIFICATE (FEB 2021)

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

(DEVIATION)

C.7 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

C.8 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

C.9 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

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Upon Delivery and Acceptance / 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

GENERAL

Contractor shall quote and provide all labor, travel, expenses, parts, materials, tools, equipment, supervision, and expertise necessary to provide a functional standalone IP Address network based, wired Public Address (PA) System for the

Fargo VA Medical Center 2101 N. Elm St.

Fargo, ND 58102

The new PA headend equipment will be placed next to the current location(2C25) and will work in conjunction with the current system until it is fully installed, tested and operational. This is to allow for maximum continuous coverage. The new system will work with the existing speakers, nurse call/code blue, lynx system and phone system.

The system shall be a fully redundant Network in case a network switch would fail.

CONFORMANCE STANDARDS

Contract shall ensure that the equipment functions in conformance with the latest published edition of applicable industry standards, including but not limited to the National Electric Code (NEC), National Fire Protection Association (NFPA-99), National Fire Protection Association (NFPA-72), National Fire Protection Association (NFPA-70), Underwriters Laboratories (UL), Occupational Safety and Health Administration (OSHA), Veterans Affairs (VA), Center for Devices and Radiological Health (CDRH), Federal, State, and local codes. Within the Veteran Affairs regulations, particular focus on conformance with relevant documents SECTION 27 51 16: PUBLIC ADDRESS AND MASS NOTIFICATION SYSTEMS, SECTION 27 52 23: NURSE CALL AND CODE BLUE SYSTEMS, and SECTION 26 20 00 INTERIOR DISTRIBUTION SYSTEM. Equipment defined herein shall be maintained in accordance with the manufacturer's standards/specifications.

OBJECTIVES

The US Department of Veterans Affairs (VA) is seeking a contractor to provide, install, and maintain a functional wired Public Address System for the Veterans Affairs Medical Center to provide the best safety and care for our Veterans during their stay. The Public Address system will provide enhanced ability to provide alerts and information throughout the facility in a clear and targeted manner via the use of PA zoning capabilities. Per the VA Telecommunications and Special Telecommunications Systems Design Manual, the PA System has been identified as an emergency communications system and performs the Primary Facility NFPA Life Safety Code

Blue Team Notification. PA System Head and distribution equipment will be in existing closets.

The PA System will be operated in accordance with VA standards.

Contractor shall not add or substitute any component(s) without prior approval from the CO (Contractor Officer). The contractor shall be fully licensed to perform the work.

The Contractor shall deinstall and remove the current systems.

A. The contractor shall provide a comprehensive turnkey solution that enables the

Fargo VA to provide a public address system that is accessible hospital wide, to all areas, buildings, and floors identified by the VA.

B. An Industry Day / Site Visit was conducted on June 29, 2026. Attendance was not mandatory, however, prospective offerors were highly encouraged to attend in order to familiarize themselves with the existing site conditions, infrastructure, operational environment, and other circumstances that may affect performance of the requirement.

Offerors that did not attend the Industry Day / Site Visit are not precluded from submitting an offer and will receive equal consideration in accordance with the terms of this solicitation. However, all offerors, regardless of attendance, are responsible for obtaining and considering all information necessary to submit a complete, technically acceptable, and reasonably priced offer. Failure to have attended the Industry Day / Site Visit shall not relieve an offeror of its responsibility to fully understand and satisfy the requirement of this solicitation.

C. Construction shall not be allowed and is not required at this time. Affected Buildings:

Building 10, Building 46, Building 52.

D. This requirement shall be awarded on a Firm-Fixed Price (FFP) basis. Offerors are responsible for ensuring that their proposed price accounts for all costs necessary to successfully perform the requirement as solicited.

SYSTEM DESCRIPTION

Design Requirements

Provide a Public Address System, capable of distributing the indicated audio signals from equipment including LAN controllers, communication links, cabling, (minimum 1 hour) battery backup, power line surge protection and all other necessary components to make a complete and operational system. Complete coverage will be provided for identified main interior campus buildings and outbuildings.

Provide a zoned system capable of evenly distributing live, and pre-recorded paging and music program sources. Provide balanced and highly intelligible distributed sound free of noise and distortion. Provide capability of both individual and simultaneous paging all separate paging zones. Intelligibility must meet the requirements of Modified Rhyme Test (MRT) of ASA S3.2. The system will have volume control by zone.

Provide all headend interface, amplification components, conditioners, and any other equipment necessary. Provide system capable of interfacing with the telephone system for zone paging. This project will and connect the Overhead paging into the existing LYNX system per code.

Provide all materials and labor needed for a refresh of all Headend and subcomponents for a complete and operational system for the services in this specification plus the additional system capabilities as indicated. This includes but not limited to all necessary equipment, interfaces, jumpers, terminations, cabling, amplifiers, conditioners, power supplies, battery backup, software and all components required for system operation.

A further breakdown of all equipment needed shall be provided in addition to the Price/Cost schedule.

SYSTEM PERFORMANCE

The system shall provide even sound distribution throughout the designated area, plus or minus 3 dB for the 1/1 octave band centered at 4000 Hz. The system shall provide uniform frequency response throughout the designated area, plus or minus 3 dB as measured with 1/3-octave bands of pink noise at locations across the designated area selected by the

Contracting Officer Representative (COR) or POC (Point of Contact). The system shall be capable of delivering 75 dB average program level with additional 10 dB peaking margin sound pressure level (SPL) in the area at an acoustic distortion level below 5 percent total harmonic distortion (THD).

Unless otherwise specified the sound pressure reference level is 20 micro- Pascal (0.00002 Newtons per square meter).

Necessary System Capabilities o Must be a standalone IP address networked system.

o Must be wired.

o RMF Accredited o Provide a public address system with capabilities to support zone paging, background music, all-call, priority paging, pre-automated outputs, messaging processors, software, input modules, controllers, and interface modules.

o Paging priorities will be provided upon design/implementation in accordance with clinical input.

o Must be capable of interfacing with all components of the Fire Safety system o Capable of interfacing with the new Nurse Call system o Provide power supplies that provide sufficient power for worst-case conditions of system operation that could occur without signal loss or perceptible degradation.

o Provide power line surge protection for all equipment connected to AC power. Provide surge protection integral to the equipment or installed as an accessory item in accordance with manufacturer's recommendations. Do not use fuses for surge protection.

o Electrical Requirements:105 VAC to 130 VAC at 60 Hz operating voltage range, plus or minus 2 percent o System shall have warning capabilities for critical issues, such as system failure, to decrease or eliminate asset loss o Zoning Capabilities throughout facility to ensure targeted messaging o Must adhere to requirements of SECTION 27 51 16: PUBLIC ADDRESS

AND MASS NOTIFICATION SYSTEMS

o Install wiring in rigid steel conduit, intermediate metal conduit, cable trays, or electric metallic tubing as specified in Section 26 20 00

INTERIOR DISTRIBUTION SYSTEM.

o Install conduit if necessary or required o All grounding practices shall comply with NFPA 70 o Must provide on-site user training for staff o Comply with all VA security and information security requirements.

o VAMC needs a system that has a simple/basic user interface that can be used by someone with little knowledge of the system o 24/7/365 phone support o Install shall be completed to ensure minimal impact on the business operations of the facility. Installation shall be phased during normal hours of coverage, as well as after-hours as needed to minimize patient risk, disruption, and maintain facility operations.

o System is capable of the addition of future applications and the expansion to additional areas (e.g., additional devices and rooms, zones, floors, new buildings, etc.).

o Operating systems shall remain current with OEM (e.g., Microsoft, etc.) support life cycle and patching o Must be capable of providing public address access twenty-four (24) hours per day, three-hundred and sixty-five (365) days per year o Biomedical Engineering must be able to dictate the programming and responsiveness of the system in each area o Biomedical Engineering must be able to adjust zoning setups as needed or requested by Hospital Leadership o Biomedical Engineering must be able to customize and configure outgoing address settings by severity as needed in the system o After installation, Contractor must provide as built schematics o System must be designed for hospital use o System must be a complete and fully operational system at the conclusion of the hardware and software installation o Monitoring capability to alert Biomedical Engineer, and AOD

(Administrator on Duty) to errors/failures, so they may respond accordingly o Must be capable of expanding to future areas and receive notifications in those respective areas o Must install a system that is a supported Windows OS (Windows 11 and above, and Server 2019 and above).

o All Windows, Cisco/Juniper etc. and all required Network and operational Licenses will be supported by a minimum of one (1) year from Go Live. Go Live is determined by final payment depending upon the Government’s inspection and acceptance of the work performed o Existing system must be active until the new system passes testing and installation is complete for Go-live o New equipment racks and switches will be added as necessary to support the new IP equipment o Racks shall be lockable.

o The new PA System will utilize zoning to allow isolated communication to the specific areas as necessary or to allow campus wide messaging when desired o The system will have volume control by zone o The Contractor shall replace existing touchscreen panels o For equipment: Date of manufacture must not be greater than 2 years before the purchase order date

SCOPE OF WORK

The Contractor shall quote, design, and provide a fully turn-key operational Public Address System. The Contractor shall manage the project in its entirety. The Contractor shall deinstall and remove the current systems. All equipment becomes the property of the VA after installation and acceptance. A single contractor shall perform all tasks directly related to design, procurement, installation, and implementation. The Contractor shall provide System Utilization Reports, management, and maintenance of the wired and wireless access points, and the network required to support any wired and wireless access points.

Work shall include designing and providing a refresh of the public address system as required and as described for the Fargo VAMC. The Contractor shall provide a turnkey system capable of receiving, processing, and transmitting indicated input signals including the system wiring, raceways, pull boxes, terminal cabinets, outlet and mounting boxes, control equipment, amplifiers, microphones, wired speakers, mounting hardware and other accessories and miscellaneous items required for a complete operating system even though each item is not specifically mentioned or described.

The contractor shall provide a system complete and ready for operation. The Contractor shall maintain a Help Desk through phone support (24x7) for User Support. Support includes monitoring, calibration, and maintenance of the installed wired and wireless networks and the performance of those networks at the medical center. The installed system shall perform according to the technical specifications and procedures provided for within this SOW. The help desk maintenance, support, and managed services include all hardware, software, and infrastructure.

Contractor shall provide documentation of the network and include updated maps/drawing (as built) showing installed components.

TESTING REQUIREMENTS

Operational Test: Perform tests that include originating program and page messages at microphone outlets, preamplifier program inputs, and other inputs. Verify proper routing and volume levels and that system is free of noise and distortion.

CONTRACTING OFFICER AUTHORITY:

The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitment or issue changes that will affect price, quantity or quality of performance of this contract. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority, and no adjustment will be made in the contract price to cover any increase in cost incurred thereof.

1. Contractor to reuse parts of existing infrastructure to include but not limited to the following equipment (racks, ups units, PA speakers, cabling and fiber optic cabling.)

2. Contractor to identify and label all equipment and provide detailed system design drawing(s).

3. Contractor to provide all spec sheets and manuals of installed equipment.

4. All access to equipment room locations to be coordinated with POC.

HOURS OF WORK

Work shall be scheduled for a Monday-Friday schedule 7:30 am-4:30 pm time frame but if different times are needed this can be discussed and mutually agreed upon. Work will be scheduled in such a manner as to minimize disruption to facility services within the VA Healthcare campus.

Federal and National Holidays observed by the VAMC Include:

New Year’s Day Labor Day Martin Luther King Jr. Day Columbus Day President’s Day Veterans Day Memorial Day Thanksgiving Day Independence Day Juneteenth

Also included would be any other day specifically declared by the President of the United States to be a National Holiday.

When a holiday falls on a Sunday, the following Monday shall be observed as a legal holiday by U.S. Government agencies. When a holiday falls on a Saturday, the preceding Friday shall be observed as a legal holiday.

INSPECTION AND ACCEPTANCE

The Contractor shall conduct a joint inspection with the COR once all equipment has been delivered and installed. The COR shall inspect all phases of delivery and installation and provide a punch list of any issues.

The Contractor will work with Supply Chain to ensure equipment is properly labeled before installation.

The COR shall ensure all work is completed satisfactorily prior to acceptance. Disputes shall be resolved by the Contracting Officer.

Re-Performance of Non-Conforming Work. Upon inspection of work, any work found to not be in accordance with this SoW/contract shall be re-performed by the contractor at no additional cost to the government.

Installation shall be phased during normal hours of coverage, as well as after-hours as needed to minimize patient risk, disruption, and maintain facility operations. Any after-hours shall be approved by the PO prior to any work performed.

Contractor shall be responsible for all equipment until installed and accepted by the Government. All required equipment shall be fully installed by the Contractor.

The Contractor shall be responsible for storing all equipment and supplies until the time of the installation. Off-site storage for all equipment and supplies until day of installation.

The VA facility will not accept and store equipment until the time of the installation.

The Contractor shall remove all related shipping debris and cleanup; any construction associated with delivery and installation of the specified items. Contractor shall remove all packaging from the Fargo VA premises. The Contractor shall be responsible for any damage to any building that occurs due to Contractor error or neglect.

The contractor shall coordinate all deliveries, staging areas, installations, and parking arrangements with the COR. Upon coordination with COR for installation, the contractor shall inform the Contracting Officer of any problems which may be anticipated about installation, or which will affect optimum performance once installation is completed.

DELIVERY AND INSTALLATION

The vendor will be responsible for delivering and installing a fully accepted proposal.

All items to be shipped F.O.B. destination. Shipping shall be included in the product price and shall not be billed separately.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0.00 EA __________________ __________________

Audio Paging System Contract Period: Base POP Begin: 09-25-2026 POP End: 03-24-2027

Code Blue Interface Contract Period: Base

Network Switches Contract Period: Base

Network Switch Service License Contract Period: Base

UPS Systems Contract Period: Base

Equipment Racks Contract Period: Base

1.00 JB __________________ __________________

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Integration / Installation Contract Period: Base

1.00 YR __________________ __________________

System Support 1 Year Contract Period: Base

GRAND TOTAL __________________

B.4 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

0001 SHIP TO: Fargo VA Health Care System 2101 Elm St N Fargo, ND 58102

USA

0.00

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 52.222-90 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.3 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— 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

(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.4 52.225-5 TRADE AGREEMENTS (NOV 2023)

(a) Definitions. As used in this clause.

"Caribbean Basin country end product"—

(1) Means an article that—

(i)(A) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or

(B) In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed; and

(ii) Is not excluded from duty-free treatment for Caribbean countries under 19 U.S.C.

2703(b).

(A) For this reason, the following articles are not Caribbean Basin country end products:

(1) Tuna, prepared or preserved in any manner in airtight containers;

(2) Petroleum, or any product derived from petroleum;

(3) Watches and watch parts (including cases, bracelets, and straps) of whatever type including, but not limited to, mechanical, quartz digital, or quartz analog, if such watches or watch parts contain any material that is the product of any country to which the Harmonized Tariff Schedule of the United States (HTSUS) column 2 rates of duty apply (i.e., Afghanistan, Cuba, Laos, North Korea, and Vietnam); and

(4) Certain of the following: textiles and apparel articles; footwear, handbags, luggage, flat goods, work gloves, and leather wearing apparel; or handloomed, handmade, and folklore articles;

(B) Access to the HTSUS to determine duty-free status of articles of these types is available at https://www.usitc.gov/tata/hts/index.htm. In particular, see the following:

(1) General Note 3(c), Products Eligible for Special Tariff treatment.

(2) General Note 17, Products of Countries Designated as Beneficiary Countries under the United States—Caribbean Basin Trade Partnership Act of 2000.

https://www.usitc.gov/tata/hts/index.htm

(3) Section XXII, Chapter 98, Subchapter II, Articles Exported and Returned, Advanced or Improved Abroad, U.S. Note 7(b).

(4) Section XXII, Chapter 98, Subchapter XX, Goods Eligible for Special Tariff Benefits under the United States—Caribbean Basin Trade Partnership Act; and

(2) Refers to a product offered for purchase under a supply contract, but for purposes of calculating the value of the acquisition, includes services (except transportation services) incidental to the article, provided that the value of those incidental services does not exceed that of the article itself.

"Designated country" means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, North Macedonia, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan (known in the World Trade Organization as "the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu (Chinese Taipei)”), Ukraine, or United Kingdom);

(2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama, Peru, or Singapore);

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Sudan, Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or

(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago).

"Designated country end product" means a WTO GPA country end product, an FTA country end product, a least developed country end product, or a Caribbean Basin country end product.

"End product" means those articles, materials, and supplies to be acquired under the contract for public use.

"Free Trade Agreement country end product" means an article that—

(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) country;

or

(2) In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in an FTA country into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed. The term refers to a product offered for purchase under a supply contract, but for purposes of calculating the value of the end product includes services, (except transportation services) incidental to the article, provided that the value of those incidental services does not exceed that of the article itself.

"Least developed country end product" means an article that—

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed.