Solicitation - 36C24226Q0549.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

36C24226Q0549 04-24-2026

Leia LaBruna (716) 862-7461 ext. 21471 05-08-2026

12:00 EDT

36C528 Department of Veterans Affairs Network Contracting Office (NCO) 2 3495 Bailey Avenue Building 3, 2nd floor Buffalo NY 14215

X 100

X

238220

$19 Million

N/A

X

Department of Veterans Affairs James J. Peters VA Medical Center

130 W Kingsbridge Rd Bronx NY 10468

36C528

Department of Veterans Affairs Network Contracting Office (NCO) 2 3495 Bailey Avenue Building 3, 2nd floor Buffalo NY 14215

Tungsten Network https://www.tungsten-network.com/ customer-campaigns/veteransaffairs/

See CONTINUATION Page

Liebert Air Conditioning Services for the James J. Peters VA Medical Center.

Period of Performance:

Base Year: 6/1/2026-5/31/2027 Option 1: 6/1/2027-5/31/2028 Option 2: 6/1/2028-5/31/2029 Option 3: 6/1/2029-5/31/2030 Option 4: 6/1/2030-5/31/2031

Please review sections 52.212 1 and 52.212 2 for information on submission requirements.

Any Requests for Information (RFI) must be submitted in writing via email to leia.labruna@va.gov by 5/1/2026 by 12:00pm EST. Quotes are due 5/08/2026 at 12:00pm EST via email to leia.labruna@va.gov.

See CONTINUATION Page

X 1

Dolores Sachuk-Thompson Contracting Officer

36C24226Q0549

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 (SOW)

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

C.2 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...20

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

(DEVIATION)

C.4 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

C.5 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 SEE ATTACHED DOCUMENT: WAGE DETERMINATION

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (OCT 2025) (DEVIAITION)

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

SERVICES (OCT 2025) (DEVIAITION)

E.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.4 52.233-2 SERVICE OF PROTEST (DEVIATION NOV 2025)

E.5 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

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 36C242

Department of Veterans Affairs

Network Contracting Office (NCO) 2

3495 Bailey Avenue

Building 3, 2nd floor

Buffalo NY 14215

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] As detailed in Section B.3

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 (SOW)

Liebert systems, CLC cooling units, Building 16 cooling units.

Background:

The Department of Veterans Affairs (VA) James J. Peters VA Medical Center (JJP-VA) has a requirement for onsite maintenance and remedial repair services for the equipment noted in the Equipment list section below. These units are in Building 100 and Building 16 and the CLC Center. 130 West Kingsbridge Road Bronx New York 10468.The JJP-VA intends to make a firm‐ fixed‐price award for a 12-month base period with four 12-month option years.

Scope of Work:

This maintenance and remedial repair service contract covers all management, supervision, labor, materials, supplies, parts, tools, equipment, reports and coordination to ensure the completion of all work and services noted, to fully maintain the equipment identified in this statement of work. The contract shall include preventative maintenance visits and on-site remedial repair service visits, as deemed necessary by the contractor or the JJP-VA. The service (visit) response time is 4 hours from the JJP-VA placing a call requesting service. This response includes weekdays, nights, weekends, and holidays.

Period of Performance:

Base Year: 6/1/2026-5/31/2027

Option 1: 6/1/2027-5/31/2028

Option 2: 6/1/2028-5/31/2029

Option 3: 6/1/2029-5/31/2030

Option 4: 6/1/2030-5/31/2031

Place of Performance:

James J. Peters VA Medical Center

130 West Kingsbridge Rd.

Bronx, NY 10468

Building 100 and Building 16

Scope of Service:

Preventive Maintenance:

a) Preventative maintenance frequency is outlined by equipment in the equipment list chart below.

b) The Contractor shall be responsible for performing all routine maintenance and remedial repair work required to maintain the Cooling Units in the condition prescribed by the original equipment manufacturer’s recommended guidelines and/or warranty requirements where the warranty remains in force. The Contractor shall provide a mix of semiannual and quarterly preventative maintenance calls each year. The contractor shall examine, test, adjust the equipment, and as conditions warrant, remedial repair or replace parts in accordance with original equipment manufacturer standards. The contractor shall maintain the Cooling Units at levels necessary to provide the specified functions to meet the manufacturer’s current equipment specifications.

c) The contractor shall furnish all personnel, materials, labor, parts, supplies, travel, supervision and equipment required to perform work under the resulting contract, to include but not limited to, tools and expendable items.

d) The contractor shall provide one designated point of contact (POC) to the government’s designated representative for coordination of parts delivery, and/or maintenance. The POC will be empowered to make daily decisions to ensure that the contract implementation and day‐to‐day maintenance meet the terms and conditions of the resulting contract.

e) The contractor shall provide a toll‐free telephone number for service calls, which must be answered during at least eight working hours, between 8:00 am and 4:30 pm, Monday through Friday—in addition to all hours for emergency service.

f) Parts, supplies and availability. The contractor shall have an inventory of parts and supplies in quantities sufficient to effectively service the resulting contract.

The contractor should have an internal inventory system and delivery system for the parts and supplies. The inventory and delivery system must be sufficient to service the contract in accordance with the maintenance response times specified in paragraph

g) The contractor shall use only new parts supplied by the manufacturer.

h) After completion of the work, the service technician is required to remove old parts and supply items from the work site.

i) The contractor shall provide at each service visit documentation related to remedial repair work or preventative maintenance conducted.

Maintenance Inspections:

a) This synopsis is for estimating purposes only. The contractor is required to follow all manufacturers’ recommendations for preventative maintenance, service, and remedial repair work.

a. Record temperature set points at each unit and provide dedicated documents to track any changes.

b. Inspect electrical connections, relays, and all controls for proper operation.

c. Check belt tension and condition (replace if applicable). Check pulleys and motor mounts. Check humidifier and adjust operating controls, if applicable.

d. Lubricate fan bearings per manufacturer’s recommendations.

e. Lubricate motor bearings per manufacturer’s recommendations.

f. Check fan safety switch, if applicable.

g. Check belt tension and condition, if applicable.

h. Check pulleys and motor mounts, if applicable.

i. Check and clean coils.

j. Check and clean drain pans and drain.

k. Check filters and replace them as needed.

l. Check filter switch, if applicable.

m. Check fan motor and record amp readings, if applicable.

n. Inspect electrical connections, contractors, relays, and operating/safety controls.

o. Check compressor oil level, test oil, meg motor.

p. Record refrigerant pressures, check site glass for clear and dry conditions.

q. Check compressor operating conditions and adjust as required.

r. Check humidifier and adjust operating controls.

s. Clean unit exterior.

Reporting:

b) The contractor shall provide service reports on all services performed, to include operational and comprehensive maintenance according to the manufacture’s recommendations.

c) Service reports shall include a summary of the services performed, deficiencies identified and recommendations if needed. Reports shall be provided to the COR no less than 3 business days after service is completed.

d) Non-remedial repairs identified by the contractor shall require prior approval by the contracting officer.

Equipment List:

The following table includes the model, serial number, brand and description for the equipment covered in this contract. All the units are located at 130 West Kingsbridge Road, Bronx, NY 10468. All equipment is currently in good working conditions.

Maintenance schedule Manufacturer Model

(1) Quarterly maintenance schedule Libert BF067ASAD0I476A

(1) Quarterly maintenance schedule Libert BF067ASAD0I476A

(1) Quarterly maintenance schedule Libert BU068C-ADEI593A

(1) Quarterly maintenance schedule Libert BU068C-ADEI593A

(1) Quarterly maintenance schedule Libert MMD23C2XHE00

(1) Quarterly maintenance schedule Libert PX018UW1A8S738

(1) Quarterly maintenance schedule Libert BU068C-ADEI186S

(3) Quarterly maintenance schedule LG Bld 16 ARUM168DTE5

(22) Semiannual maintenance schedule Mitsubishi PLFY-P15NFMU-E

(4) Semiannual maintenance schedule Mitsubishi PVFY-P24NAMU-E1

(64) Semiannual maintenance schedule LG wall units ARNU153SJA4

Compliance and Safety Requirements:

While in performance of the resultant contract, the contractor shall maintain safety and health standards compliant with the requirements of the Occupational Safety and Health Administration (OSHA). All work shall be completed in accordance with the following regulations. ANSI/ASHRAE 180-2018, VHA directive 1811,1002.1, NFPA 90-

A-2024, IMC 1101.6-2024.

Contractor Qualifications:

The contractor shall be required to provide fully qualified and trained service technicians to include:

a. EPA Section 608 certification

b. HVAC Excellence and NATE (North American Technician Excellence)

Security Requirements:

a) Upon entering JJP-VA buildings the contractor and/or contractor employees will be required to show proof of identity (must have a valid photo ID) as well as pass through a security screening.

b) Regarding information and information system security. Vendors should be always escorted in the VA office buildings. The contractor will be accompanied by designated government personnel and shall sign in upon arrival. Services will not require connection to the VA network.

c) The C&A requirements do not apply; a Security Accreditation Package is not required. At no time during the execution of the duties listed in this statement of work will the contractor interface with VA systems or VA sensitive information.

Personnel Requirements:

a) The contractor shall provide one designated point of contact (POC) to the government’s designated representative for the coordination of maintenance. The contractor shall provide technicians with 3-5 years of mechanical experience with service and maintenance on equipment noted in this SOW. Delivery personal, management personnel and service techs shall be sufficiently supported by the contractor to service this maintenance contract. The contractor should use only new OEM parts.

Work Hours and Scheduling Arrangements:

Except by special alternative arrangement, scheduled preventive maintenance/services will be performed only during the facility’s normal business hours (8:00 a.m. to 4:30 p.m. Monday through Friday excluding federal holidays). Downtime for preventive maintenance/services must be scheduled through the Contracting Officer Representative (COR) at least 2 days in advance.

When downtime for service is needed, the contractor shall notify the COR the same day (as soon as possible) upon observation. The Federal Holidays which are observed by the federal government are annotated below.

-New Year’s Day

-Martin Luther King’s Birthday

-President’s Day

-Memorial Day

-Independence Day

-Labor Day

-Columbus Day

-Veterans Day

-Thanksgiving Day

-Christmas Day

-Any other day specifically declared to be a national holiday (per Federal Statute, Executive Order, or by the President’s Proclamation).

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0.00

Maintenance and remedial repair services to cover all management, supervision, labor, materials, supplies, parts, tools, equipment, reports and coordination to ensure the completion of all work and services noted, to fully maintain the equipment identified in this statement of work.

Contract Period: Base POP Begin: 06-01-2026 POP End: 05-31-2027 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and Rebuilding of Equipment - Refrigeration, Air Conditioning, and Air Circulating Equipment

0001AA

2.00 YR __________________ __________________

Semiannual maintenance for the following equipment:

Mitsubishi - PLFY-P15NFMU-E Mitsubishi - PVFY-P24NAMU-E1 LG wall units - ARNU153SJA4 Contract Period: Base POP Begin: 06-01-2026 POP End: 05-31-2027 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and

0001AB

4.00 QTR __________________ __________________

Quarterly maintenance for the following equipment:

Liebert - BF067ASAD0I476A (2) Liebert - BU068C-ADEI593A (2) Liebert - MMD23C2XHE00 Liebert - PX018UW1A8S738 Liebert - BU068C-ADEI186S Liebert - ARUM168DTE5 Contract Period: Base POP Begin: 06-01-2026 POP End: 05-31-2027 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and supervision, labor, materials, supplies, parts, tools, equipment, reports and coordination to ensure the completion of all work and services noted, to fully maintain the equipment identified in this statement of work.

Contract Period: Option 1 POP Begin: 06-01-2027 POP End: 05-31-2028 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and

1001AA

Mitsubishi - PLFY-P15NFMU-E Mitsubishi - PVFY-P24NAMU-E1 LG wall units - ARNU153SJA4 Contract Period: Option 1 POP Begin: 06-01-2027 POP End: 05-31-2028 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and

1001AB

Liebert - BF067ASAD0I476A (2) Liebert - BU068C-ADEI593A (2) Liebert - MMD23C2XHE00 Liebert - PX018UW1A8S738 Liebert - BU068C-ADEI186S

LG BLD 16 - ARUM168DTE5

Contract Period: Option 1 POP Begin: 06-01-2027 POP End: 05-31-2028 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and supervision, labor, materials, supplies, parts, tools, equipment, reports and coordination to ensure the completion of all work and services noted, to fully maintain the equipment identified in this statement of work.

Contract Period: Option 2 POP Begin: 06-01-2028 POP End: 05-31-2029 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and

2001AA

Mitsubishi - PLFY-P15NFMU-E Mitsubishi - PVFY-P24NAMU-E1 LG wall units - ARNU153SJA4 Contract Period: Option 2 POP Begin: 06-01-2028 POP End: 05-31-2029 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and

2001AB

BF067ASAD0I476A (2)

BU068C-ADEI593A (2)

MMD23C2XHE00

PX018UW1A8S738

BU068C-ADEI186S

ARUM168DTE5

Contract Period: Option 2 POP Begin: 06-01-2028 POP End: 05-31-2029 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and

Maintenance and remedial repair services to cover all management, supervision, labor, materials, supplies, parts, tools, equipment, reports and coordination to ensure the completion of all work and services noted, to fully maintain the equipment identified in this statement of work.

Contract Period: Option 3 POP Begin: 06-01-2029 POP End: 05-31-2030 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and

3001AA

Mitsubishi - PLFY-P15NFMU-E Mitsubishi - PVFY-P24NAMU-E1 LG wall units - ARNU153SJA4 Contract Period: Option 3 POP Begin: 06-01-2029 POP End: 05-31-2030 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and

3001AB

Liebert - BF067ASAD0I476A (2) Liebert - BU068C-ADEI593A (2) Liebert - MMD23C2XHE00 Liebert - PX018UW1A8S738 Liebert - BU068C-ADEI186S

LG BLD 16 - ARUM168DTE5

Contract Period: Option 3 POP Begin: 06-01-2029 POP End: 05-31-2030 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and supervision, labor, materials, supplies, parts, tools, equipment, reports and coordination to ensure the completion of all work and services noted, to fully maintain the equipment identified in this statement of work.

Contract Period: Option 4 POP Begin: 06-01-2030 POP End: 05-31-2031 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and

4001AA

Mitsubishi - PLFY-P15NFMU-E Mitsubishi - PVFY-P24NAMU-E1 LG wall units - ARNU153SJA4 Contract Period: Option 4 POP Begin: 06-01-2030 POP End: 05-31-2031 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and

4001AB

Liebert - BF067ASAD0I476A (2) Liebert - BU068C-ADEI593A (2) Liebert - MMD23C2XHE00 Liebert - PX018UW1A8S738 Liebert - BU068C-ADEI186S

LG BLD 16 - ARUM168DTE5

Contract Period: Option 4 POP Begin: 06-01-2030 POP End: 05-31-2031 PRINCIPAL NAICS CODE: 238220 - Plumbing, Heating, and Air- Conditioning Contractors PRODUCT/SERVICE CODE: J041 - Maintenance, Repair, and

GRAND TOTAL __________________

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(a) 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.

(b) 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.

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

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

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(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 such as, 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. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(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) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212- 5(b) for the appropriate EFT clause.

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

(5) 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; and

(D) Contractor point of contact.

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

(6) 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 33.211 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 32.607-2).

(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 default termination.

(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 prescribed in FAR 32.608-2 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 hereunder 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. 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 hereunder 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) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) 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; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

(v) 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:

C.2 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR

2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(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.

https://www.sam.gov

Covered telecommunications equipment or services means—

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

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

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

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

Critical technology means—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Of that equipment; or

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

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

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

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

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

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

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

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

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

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

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

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

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

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

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

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

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

Kaspersky Lab-covered entity means—

(1) Kaspersky Lab;

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

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

or

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

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

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

(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.

Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information.

Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.

Subsidiary means an entity in which more than 50 percent of the entity is owned directly by a parent corporation or through another subsidiary of a parent corporation.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

Unmanned aircraft means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft (49 U.S.C. 44801(11)).

Unmanned aircraft system means an unmanned aircraft and associated elements (including communication links and the components that control the unmanned aircraft) that are required for the operator to operate safely and efficiently in the national airspace system (49 U.S.C.

44801(12)).

(b) Prohibitions on providing or using specific products or services in performance of contract.

Unless a waiver or exception applies, the Contractor is prohibited from providing any products or services to the Government or using in the performance of the contract any of the following:

(1) A covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees (section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328));

(2) A Kaspersky Lab-covered article (Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91));

(3) Covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system (paragraphs (a)(1)(A) of section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232)). This does not prohibit contractors from providing—

(i) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility…