S02 RFQ 36C24727Q0033_1.docx

36C24727Q0033

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

557-27-1-5151-0016

09-21-2026 Brenda Carter None 10-06-2026 3:00pm

CDT

Department of Veterans Affairs Carl Vison VA Medical Center 1826 Veterans Blvd Dublin GA 31021

X

238330 $19 Million

N/A

Department of Veterans Affairs Carl Vison VA Medical Center 1826 Veterans Blvd

Dublin GA 31021

Department of Veterans Affairs Tuscaloosa VA Medical Center 3701 Loop Road East Tuscaloosa AL 35404-5088

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971

See CONTINUATION Page See SOW and Section B.2 for Items and Evaluation Criteria in Section E.

1. This is a total Small Business set-aside only.

2. SITE VISIT:

Though not mandatory, contractors are encouraged to attend.

See date, time and location in Statement of Work (SOW).

3. Note: Contractor shall complete work 45 days after the award date.

See CONTINUATION Page

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C247

Carl Vison VA Medical Center 1826 Veterans Blvd Dublin GA 31021

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

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

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

Statement of Work Bldg. 10A, Flooring Repair and Replacement

A. GENERAL INFORMATION

a. Purpose The purpose of this requirement is to repair the Luxury Vinyl Tile (LVT) flooring in designated areas of Building 10A of the Carl Vison VA Medical Center. This effort is necessary to address ongoing patient safety concerns resulting from the LVT flooring bubbling, swelling, and detaching from the subfloor, which has created documented hazards for staff, visitors, and patients.

b. Site Visit Though not mandatory, contractors are encouraged to attend the site visit at the station.

Date: Tuesday, September 29, 2026 Time: 8:00AM EDT Location: Carl Vison VA Medical Center, 1826 Veterans Blvd, Dublin GA. 31021 (Meet staff at front of VA Medical Center).

Questions & Answers:

Questions about this solicitation will expire on September 30, 2026 at 11:00AM EDT and no questions will be accepted after the expiration date and time. However, answers to the questions will be provided to the offeror after the expiration date and time.

c. Background The LVT flooring in select areas of Building 10A has been the source of repeated complaints due to visible bubbling and detachment from the subfloor. These conditions have progressively worsened and recently led to a formal Patient Safety Report being filed, highlighting the risk of trips, falls, and mobility challenges for patients and staff. These conditions are suspected to be caused by moisture present within the subfloor causing the LVT planks to swell and detach.

To resolve this issue and prevent future concerns with patient safety and staff mobility, the Carl Vison VA intends to repair these sections of damaged LVT flooring by patching with new LVT flooring in select areas and incorporating a moisture-control membrane as part of the repair process to prevent future occurrences of this issue.

d. Scope of Work The contractor shall provide ALL labor, materials, tools, equipment, transportation, and supervision necessary for repair of the damaged and swelling LVT flooring including proper subfloor preparation, moisture-barrier application, all aspects of applying new LVT in the affected areas, and site cleanup. The contractor shall remove damaged LVT floor planks and associated adhesives from the designated areas. This includes transporting and disposing of all waste in compliance with local, state, and federal regulations. The contractor shall inspect the underlying concrete subfloor after removal of the damaged LVT to identify any cracks, uneven surfaces, or damaged substrate conditions requiring patching or remediation. Any and all subfloor preparation necessary to ensure proper adhesion and performance of the moisture barrier and LVT flooring planks shall be completed as part of this effort.

e. Performance Period This will be a One-Time Service Contract. All work shall be completed within forty-five (45) days from the date of contract award.

f. Location of Performance Carl Vison VA Medical Center | 1826 Veterans Blvd. Dublin, GA 31021

g. Type of Contract Firm-Fixed Price (FFP), one-time Service Contract

h. Hours of Operation Acceptable working hours will be determined with the Contracting Officer’s Representative (COR). Tentative work hours are to be 7:00am to 3:30pm, Monday through Friday, excluding holidays.

*Note: some work may need to be completed after-hours or on the weekend* Hospital normal hours of operation are 8:00am to 4:30pm, Monday through Friday, excluding holidays. Holidays falling on a Sunday will be observed the following Monday.

Federal Holidays

B. GENERAL REQUIREMENTS

a. Flooring Requirements The contractor shall use the LVT flooring product preselected by VA staff for patching of damaged floor areas. The LVT product that will be used is “Karndean Korlock Select – Smoked Butternut” (20 mil wear layer); the Karndean product code is RKP8107.

The contractor shall be responsible for supplying and transporting the selected LVT flooring as well as any and all other materials needed for the restoration process, in addition to laying the LVT in areas in need of repair.

Floor patching shall include proper trimming, transitions, and finish work to ensure the flooring is secure, level, and free of aesthetic and functional defects. If a concern is raised or an aesthetic or functional defect is identified with any portion of flooring laid by the contractor, the contractor shall address the concern and redo any section of flooring identified by VA engineering/maintenance staff as directed. The contractor is also responsible for verifying that all restoration practices comply with any applicable building codes, safety standards, and manufacturer specifications.

The contractor shall remove and dispose of the damaged LVT flooring sections in a safe and efficient manner. Any damage that occurs to the subfloor, walls, or any other surfaces or equipment of the facility shall be repaired and restored to its original condition at the sole expense of the contractor.

b. Subfloor Preparation & Moisture Barrier Application Upon removal of the damaged LVT flooring sections, any residual glue or other adhesives must be adequately scraped off so as to not hinder the application of new LVT for patching or create high/low spots on the floor.

A moisture barrier shall be applied over the concrete subfloor to prevent moisture from causing similar conditions with the floor in the future. The moisture barrier selected by the contractor shall be installed to the manufacturer’s specifications and installation guidelines. The contractor shall verify proper curing of the barrier (if applicable) and ensure that the barrier is laid flat and covers all designated areas. The contractor is fully responsible for confirming that the moisture barrier is continuous, free of gaps or voids, and lays flat.

c. Floor Transitions & Reducers All LVT must transition seamlessly with adjacent flooring that is not included in the scope of work. The application of the moisture barrier combined with the thickness of the selected LVT may create a slightly higher finished floor elevation than the existing surfaces. To address this, the contractor shall lay a reducer or transition strip where necessary to ensure that all transition points are smooth, level, and properly finished to eliminate tripping hazards for patients and staff. Transitions must support safe movement for patients, staff, and equipment, maintaining consistent floor continuity throughout the facility.

No finished work that presents a safety hazard for the mobility of patients and/or staff will be accepted. VA personnel will determine if a transition area or reducer installed by the contractor presents a safety/mobility hazard, and if it is determined that the installed product is unsafe, the contractor shall replace the reducer to create a smoother/safer transition at no additional expense to the government.

d. Walls & Trim Existing baseboards in the corridors and designated rooms must be removed to accommodate for the thicker LVT flooring product. The contractor shall replace removed baseboards with a baseboard product similar in size, color, and profile to closely match the appearance of the original baseboards in each location. The contractor shall properly and carefully trim any existing wall trim pieces that are affected by the baseboard removal and new baseboard product profiles to ensure a seamless and consistent finish similar to its original condition.

LVT flooring near doorways must be cut to fit the profile of the door jambs and door trim as closely as possible. Gaps between LVT flooring and the door jambs and trim shall be no larger than 1/8”. The contractor must fill in gaps between the flooring and door jambs and door trim with silicone or caulk that closely matches the color of the Karndean Korlock Smoked Butternut flooring product. If any gaps between the LVT and the door jambs are determined to be larger than 1/8”, the contractor shall replace these floor planks at no additional charge.

e. Site Cleanup The contractor shall be responsible for cleanup and proper disposal of all waste/debris created during the entire repair process. Removal and disposal of waste shall be done in full compliance with any applicable local, state, and federal regulations. The Carl Vinson VA shall not be responsible for any site cleanup or disposal of any waste and debris created as a result of the work performed by the contractor. The contractor shall also perform a final site cleanup upon project completion.

The contractor shall be responsible for acquiring any equipment for waste disposal as necessary. No trash or debris shall be left laying in hallways, rooms, other interior spaces, or outside of the building in any areas.

f. Site Access, Coordination and CVVAMC Assistance The COR will serve as the primary Point of Contact (POC) and acceptance authority.

The contractor shall coordinate all work schedules with the COR and other VA facility staff as necessary. Prior approval from the COR is required before beginning any work, including site preparation, to ensure VA staff have sufficient time to relocate patients from the area. No work will be permitted without prior coordination with and obtaining approval from the COR.

The patient relocation method will be determined by the COR through coordination with the Building 10A Nursing staff. The contractor shall only perform work in areas that patients have been removed from. If it is determined by VA staff that the work must be performed in sections of the building at a time rather than all at once, the contractor shall put up signage, barriers, and make any other necessary adjustments to secure the active work area from patients.

The contractor must check in with the COR or other designated personnel daily upon arrival at the facility. The check-in method will be up to the COR’s discretion. Failure to comply may result in issues with VA Police or other facility personnel.

It is the vendor’s responsibility to properly assess the working conditions and include in the bid any specialty equipment, training, additional time, personnel, or safety equipment to perform the work safely and in compliance with all applicable local, State, and Federal regulations.

The VA will not be responsible for storage of equipment, materials, or tools.

g. Other Requirements The contractor shall follow all safety measures to ensure a safe working environment for all involved. The contractor is expected to always keep the work environment clean and safe.

Employees of the contractor and sub-contractors shall always conduct themselves in a professional manner while on medical center property. The vendor shall ensure all personnel working on this contract are aware of Medical Center rules pertaining to employee behavior and conduct. Physical or verbal misconduct may be grounds for removing employees from Medical Center property, or grounds for arrest by the VA Police. Employees may be banned from Medical Center property as a result of inappropriate or illegal behavior. The vendor shall not be entitled to any compensation from the Government for any costs resulting from employee misconduct (including, but not limited to, delays in contract completion) and may be held liable for costs incurred by the Government as a result of employee misconduct.

Hospital operations and patient care shall take priority. Any anticipated disruptions to normal operations must be communicated and approved by the COR and other VA personnel as necessary. The contractor shall take any measures necessary to ensure that patient care services are uninterrupted and unaffected by the work being performed.

C. CHANGES TO STATEMENT OF WORK (SOW)

Any changes to this SOW shall be authorized and approved only through written correspondence from the CO. A copy of each change will be kept in a project folder along with all other products of the project. Costs incurred by the contractor through the actions of parties other than the CO shall be borne solely by the contractor.

D. SECURITY

a. General Any changes to this SOW shall be authorized and approved only through written correspondence from the CO. A copy of each change will be kept in a project folder along with all other products of the project. Costs incurred by the contractor through the actions of parties other than the CO shall be borne solely by the contractor.

b. Identity Verification & Badging Requirements Contractors, subcontractors, and any and all contractor personnel working on site at the Carl Vinson VAMC shall be required to obtain the appropriate level of identity verification and badging before beginning any work on the campus. The contractor will determine the type of badge required for their contractor(s) based on the following criteria:

1) If contractor requires escorted access to CV VAMC for more than 15 days and less than 180 days, they will require a Flash Badge. The escort can be anyone with a Non-PIV or PIV badge.

2) If contractor requires unescorted access to CV VAMC for more than 15 days and less than 180 days, they will require a Non-Personal Identity Verification (PIV) Badge.

3) If contractor requires unescorted access to CV VAMC for more than 180 days, they will require a PIV Badge.

Prior to receiving sponsorship for a badge, all contractors must complete Contractor Safety Training through the Safety Service. Training occurs every other Wednesday in the Engineering Conference Room (G206). Procedures for acquiring the appropriate identification badge for a contractor are identified below.

1) Visitor Badges will be issued by the Personal Identity Verification (PIV) Manager, Engineering Service, to the contractor at the time of use. Visitor Badges are valid only on the day of issue, and a new Visitor Badge must be issued for any subsequent visit.

2) Flash, Non-PIV, and PIV Badges will be issued by the PIV Office in Human Resources. These badges will be issued following sponsorship and credentialing procedures detailed below:

a. The COR will initiate the process for Flash, Non-PIV, and PIV Badges by submitting a request to the PIV Manager to complete Form OMB No. 2900-0673, Request for Personal Identity Verification Card, for the contractor requiring a badge.

b. For Flash and Non-PIV Badges, the COR will ensure that the contractor is appropriately sponsored by the PIV Manager, who will sponsor the contractor by certifying the completed Form OMB No. 2900-0673 (in Section 3), establishing the need for a credential to be issued to the contractor.

c. For PIV Badges, the COR will serve as the sponsor by certifying the completed Form OMB No. 2900-0673 (in Section 3), establishing the need for a credential to be issued to the contractor.

d. The PIV Manager will request the following information from the contractor for completion of the Form OMB No. 2900-0673: Legal name, Date of birth, SSN, Job title, name of firm/company, sex, race, height, weight, eye color, hair color, place of birth, certificate of completion for RHJVAMC Contractor Safety Training (required to be completed annually) and Certificate of completion for the OSHA 10-hour Construction Safety Training or the OSHA 30-hour Construction Safety Training.

e. The PIV Manager will validate completed training and sponsor the contractor by submitting the completed form to the Police Service (PIV Office).

3) The COR will provide the contractor with instructions for completing their required background investigation, if applicable.

4) Once HR has received all required documentation, they will issue the appropriate badge to the contractor.

E. Parking/Laydown Area

The contractor shall make necessary arrangements for parking. There shall be no contractor or subcontractor vehicles parked on roadways, in patient parking areas, obstructing the loading dock, etc. Contractor shall coordinate use of the loading dock for loading/unloading materials with the COR. Materials shall not be deposited on the loading dock for any length of time.

There is no guarantee for laydown of equipment. The CVVAMC shall not provide an extensive area for storage of equipment. It is the responsibility of the contractor to ensure their equipment remains secure.

F. Invoice Vendor Electronic Invoice Submission Methods

Facsimile, e-mail, and scanned documents are not acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods below:

1. VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten Network (Formerly OB10), to transition vendors from paper to electronic invoice submission. Please go to this website http://www.tungsten-network.com/us/en/veterans-affairs-us/ to begin submitting electronic invoices, free of charge.

2. A system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI).

The X12 EDI Web site (http://www.x12.org).

Vendor e-Invoice Set-Up Information:

Please contact OB10 at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing, free of charge. If you have question about the e-invoicing program or OB10, please contact the FSC at the phone number or email address listed below:

· OB10 e-Invoice Setup Information: 1-877-489-6135

· OB10 e-Invoice email: VA.Registration@ob10.com

· FSC e-Invoice Contact Information: 1-877-353-9791

· FSC e-invoice email: vafsccshd@va.gov

END OF STATEMENT OF WORK

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

The contractor shall provide ALL labor, materials, tools, equipment, transportation, and supervision necessary for repair of the damaged and swelling LVT flooring including proper subfloor preparation, moisture-barrier application, all aspects of applying new LVT in the affected areas, and site cleanup. Complete work (45 days) after award date.

Page 1 of Page 1 of

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) 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 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025) (DEVIATION)

(a) Definitions. As used in this clause— American Security Drone Act-covered foreign entity means an entity included on a list that the Federal Acquisition Security Council (FASC) develops and maintains and publishes in the System for Award Management (SAM) at https://www.sam.gov (section 1822 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

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

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

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

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

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

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

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

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

Covered telecommunications equipment or services means—

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

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

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

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

Critical technology means—

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

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

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

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

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

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

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

FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring removing covered articles from executive agency information systems or excluding one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201-1.303(d) and (e):

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

(2) The Secretary of Defense may issue FASCSA orders that apply to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.

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

Information technology, as defined in 40 U.S.C. 11101(6)—

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

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

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

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

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

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;

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

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

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

(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.

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

Kaspersky Lab-covered article means any hardware, software, or service that—

(1) Is developed or provided by a Kaspersky Lab-covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a Kaspersky Lab-covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a Kaspersky Lab-covered entity.

Kaspersky Lab-covered entity means—

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab, including any change in name, e.g., “Kaspersky”;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency—

(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or…