36C10B26R0037 - Final.docx

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7A20--New Action (VetsFirst): WALSH SOFTWARE LICENSE (VA-26-00047463)
Solicitation number
36C10B26R0037
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This is a Solicitation/Contract/Order document (SF 1449) for the procurement of Walsh Software Licenses and Services for the Department of Veterans Affairs Environmental Management Service at Bay Pines VA Healthcare System, contract number 36C10B26R0037. The Department of Veterans Affairs Technology Acquisition Center issued this firm-fixed-price contract as a sole-source award to Cynergy Professional Systems, LLC, a Service-Disabled Veteran-Owned Small Business (SDVOSB), under the Veterans First Contracting Program authority (38 U.S.C. 8127). The contract period of performance runs from July 1, 2026, through June 30, 2027, consisting of one 12-month base period and one 12-month option period exercisable at the Government's discretion, with a total award amount of $34 million.

The required deliverables include Walsh QA Inspection Platform software licenses and related services essential for environmental management operations. Specific line items include: one Walsh QA Inspector license with three customizable checklists; 14 additional checklists; one Walsh Pest Control Manager license; one Walsh Linen Management Program license; 48 Inspector licenses; 240 UltraSnap ATP swabs (consumables); Walsh Quality Success Manager services (10 hours monthly); Walsh Enhanced Reporting Program services; one Walsh Housekeeper Task Management System license; 110 Operator User licenses; semi-annual EVS Tech Task Management on-site training (3 days, 2 trainers); and annual Supervisors training. The Walsh platform integrates with UltraSnap ATP handheld analyzers for cleanliness data transmission and supports quality assurance and environmental inspection functions across multiple EMS programs. Delivery of licenses occurs electronically via secure credentials distributed to authorized users, with inspection and acceptance at destination. The solicitation was issued on June 11, 2026, with an offer due date of June 17, 2026, at 2:00 PM EST. Primary points of contact include Contracting Officer Kendra Casebolt and Contract Specialist Ana Subashi. The contract incorporates commercial product terms and conditions with significant restrictions on AI use, Section 508 accessibility compliance, data security requirements, and prohibitions on disabling software code.

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36C10B26R0037

5QEP7

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

06/11/2026 Ana Subashi 848-377-5100 06/17/2026

2:00 PM

EST

36C10B Department of Veterans Affairs Technology Acquisition Center

23 Christopher Way Eatontown NJ 07724

X

541519 $34 Million

N/A

See Delivery Schedule

36C10B Department of Veterans Affairs Technology Acquisition Center

23 Christopher Way Eatontown NJ 07724

CYNERGY PROFESSIONAL SYSTEMS, LLC

23187 LA CADENA, STE 102

LAGUNA HILLS, CA, 92653-1481

36C10A Department of Veterans Affairs Technology Acquisition Center Financial Services Center PO Box 149971 Austin TX 78714-8971

See CONTINUATION Page Title: Walsh Software Licenses and Services (VA-26-00047463)

Contract Type: Firm-Fixed-Price

The period of performance will be from July 1, 2026, through June 30, 2027, consisting of one (1) 12‑month base period and one (1) 12‑month option period, to be exercised at the Government’s discretion.

See Section B.4 for Price Schedule

Government Points of Contact:

Contracting Officer: Kendra Casebolt, Kendra.Casebolt@va.gov Contract Specialist: Ana Subashi, Ana.Subashi@va.gov

ARM: 201316

Kendra M. Casebolt Contracting Officer

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS3
B.1 CONTRACT ADMINISTRATION DATA3
B.2 GOVERNING LAW CLAUSE4
B.3 SOFTWARE LICENSE, MAINTENANCE AND TECHNICAL SUPPORT5
B.4 PRICE SCHEDULE10
B.5 PRODUCT DESCRIPTION14
SECTION C - CONTRACT CLAUSES23
C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)23
C.2 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, PROPOSED FOR DEBARMENT, OR VOLUNTARILY EXCLUDED (JAN 2025)24
C.3 52.217-7 OPTION FOR INCREASED QUANTITY—SEPARATELY PRICED LINE ITEM (MAR 1989)26
C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)26
C.5 52.219-14 LIMITATIONS ON SUBCONTRACTING (NOV 2025) (DEVIATION)26
C.6 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)28
C.7 VAAR 852.219-74 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)32
C.8 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION)35
C.9 VAAR 852.239-76 INFORMATION AND COMMUNICATION TECHNOLOGY ACCESSIBILITY (FEB 2023)37
C.10 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)38
C.11 ARTIFICIAL INTELLIGENCE IN VA CONTRACTS38
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS42
SECTION E - SOLICITATION PROVISIONS43
E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)43
E.2 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)43
E.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)43
E.4 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)44
E.5 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)44
E.6 52.233-2 SERVICE OF PROTEST (SEP 2006)44
E. 7 ARTIFICIAL INTELLIGENCE EFFORTS44
E.8 BASIS FOR AWARD45
E.9 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS45

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: Cynergy Professional Systems, LLC 23187 La Cadena, Ste 102 Laguna Hills, CA, 92653-1481

b. GOVERNMENT: Contracting Officer 36C10B Department of Veterans Affairs Technology Acquisition Center 23 Christopher Way Eatontown NJ 07724

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] In accordance with B.4, Price/Delivery Schedule

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.

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

AMENDMENT NO
DATE

B.2 GOVERNING LAW CLAUSE

Federal law and regulations, including the Federal Acquisition Regulations (FAR), shall govern this Order. Commercial license agreements may be made a part of this Order but only if both parties expressly make them an addendum hereto, as permitted by FAR 12.212. If the commercial license agreement is not made an addendum, it shall not apply, govern, be a part of or have any effect whatsoever on the Order; this includes, but is not limited to, any agreement embedded in the computer software (clickwrap), any agreement that is otherwise delivered with or provided to the Government with the commercial computer software or documentation (shrinkwrap), or any other license agreement otherwise referred to in any document. If a commercial license agreement is made an addendum, only those provisions addressing data rights regarding the Government’s use, duplication and disclosure of data (e.g., restricted computer software) are included and made a part of this Order, and only to the extent that those provisions are not duplicative or inconsistent with Federal law, Federal regulation, the incorporated FAR clauses and the provisions of this Order; those provisions in the commercial license agreement that do not address data rights regarding the Government’s use, duplication and disclosure of data shall not be included or made a part of the Order. Federal law and regulation including, without limitation, the Contract Disputes Act (41 U.S.C. § 7101 et seq.), the Anti-Deficiency Act (31 U.S.C. § 1341 et seq.), the Competition in Contracting Act (41 U.S.C. § 3301 et seq.), the Prompt Payment Act (31 U.S.C. § 3901 et seq.), Contracts for Data Processing or Maintenance (38 USC § 5725), and FAR clauses 52.212-4, 52.227-14, 52.227-19 shall supersede, control, and render ineffective any inconsistent, conflicting, or duplicative provision in any commercial license agreement. In the event of conflict between this clause and any provision in the Order or the commercial license agreement or elsewhere, the terms of this clause shall prevail. The Contractor shall deliver to the Government all data first produced under this Order with unlimited rights as defined by FAR 52.227-14. Claims of patent or copyright infringement brought against the Government as a party shall be defended by the U.S. Department of Justice (DOJ) in accordance with 28 U.S.C. § 516; at the discretion of DOJ, the Contractor may be allowed reasonable participation in the defense of the litigation. Any additional changes to the Order must be made by modification (Standard Form 30) and shall only be made by a warranted Contracting Officer. Nothing in this Order or any commercial license agreement shall be construed as a waiver of sovereign immunity.

B.3 SOFTWARE LICENSE, MAINTENANCE AND TECHNICAL SUPPORT

(1). Definitions.

a) Licensee. The term “licensee” shall mean the U.S. Department of Veterans Affairs (“VA”) and is synonymous with “Government.”

b) Licensor. The term “licensor” shall mean the Contractor having the necessary license or ownership rights to deliver license, software maintenance and support of the computer software being acquired. The term “Contractor” is the party identified in Block 17a on the SF1449. If the Contractor is a reseller and not the Licensor, the Contractor remains responsible for performance under this Contract/Order.

c) Software. The term “software” shall mean the licensed computer software product(s) cited in the Schedule of Supplies/Services.

d) Maintenance. The term “maintenance” is the process of enhancing and optimizing software, as well as remedying defects. It shall include all new fixes, patches, releases, updates, versions and upgrades, as further defined below.

e) Technical Support. The term “technical support” refers to the range of services providing assistance for the software via the telephone, email, a website or otherwise.

f) Release or Update. The term “release” or “update” are terms that refer to a revision of software that contains defect corrections, minor enhancements or improvements of the software’s functionality. This is usually designated by a change in the number to the right of the decimal point (e.g., from Version 5.3 to 5.4). An example of an update is the addition of new hardware.

g) Version or Upgrade. The term “version” or “upgrade” are terms that refer to a revision of software that contains new or improved functionality. This is usually designated by a change in the number to the left of the decimal point (e.g., from Version 5.4 to 6).

(2). Software License.

a) Notwithstanding any contrary provisions contained in the Contractor’s standard commercial license or lease agreement, the Contractor agrees that the Government will have the rights that are set forth in paragraph (e) of this clause to use, duplicate or disclose any commercial computer software delivered under this contract. The terms and provisions of this contract shall comply with Federal laws and the Federal Acquisition Regulation.

b) Unless otherwise stated in the Schedule of Supplies/Services, the Product Description, the software license provided to the Government is a perpetual, nonexclusive license to use the software.

c) The Government may use the software in a networked environment.

d) All limitations of software usage are expressly stated in the Schedule of Supplies/Services and the Product Description.

e) The commercial computer software delivered under this contract may not be used, reproduced, or disclosed by the Government except as provided below or as expressly stated otherwise in this contract. The commercial computer software may be: Used or copied for use with the computer(s) for which it was acquired, including use at any Government installation or agency to which the computer(s) may be transferred; ii. Used or copied for use with a backup computer if any computer for which it was acquired is inoperative; iii. Reproduced for safekeeping (archives) or backup purposes; iv. Modified, adapted, or combined with other computer software; v. Disclosed to and reproduced for use by support service Contractors or their subcontractors, subject to the same restrictions set forth in this contract; and vi. Used or copied for use with a replacement computer.

f) Unauthorized Obligations.

i. Except as stated in paragraph (ii), when any supply or service acquired under this contract is subject to any commercial supplier agreement (as defined in 502.101) that includes any language, provision, or clause requiring the Government to pay any future fees, penalties, interest, legal costs or 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:

1) Any such language, provision, or clause is unenforceable against the Government.

2) 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 commercial supplier agreement. If the commercial supplier 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.

3) Any such language, provision, or clause is deemed to be stricken from the commercial supplier agreement.

ii. Paragraph (u)(1) of this clause does not apply to indemnification or any other payment by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

h) Commercial supplier agreements unenforceable clauses.

This agreement is a part of a contract between the commercial supplier and the U.S. Government for the acquisition of the supply or service that necessitates a license or other similar legal instrument (including all contracts, task orders, and delivery orders under FAR 12).

ii. End user. This agreement shall bind the ordering activity as end user but shall not operate to bind a Government employee or person acting on behalf of the Government in his or her personal capacity.

iii. Law and disputes. This agreement is governed by Federal law. Any language purporting to subject the U.S. Government to the laws of a U.S. state, U.S. territory, district, or municipality, or a foreign nation, except where Federal law expressly provides for the application of such laws, is hereby deleted.

1) Any language requiring dispute resolution in a specific forum or venue that is different from that prescribed by applicable Federal law is hereby deleted. Any dispute regarding the license grant or usage limitations shall be resolved in accordance with the Disputes Clause incorporated in FAR 52.212-4(d).

2) Any language prescribing a different time period for bringing an action than that prescribed by applicable Federal law in relation to a dispute is hereby deleted.

3) Continued performance. The supplier or licensor shall not unilaterally revoke, terminate or suspend any rights granted to the Government except as allowed by this contract. If the supplier or licensor believes the ordering activity to be in breach of the agreement, it shall pursue its rights under the Contract Disputes Act or other applicable Federal statute while continuing.

4) Arbitration; equitable or injunctive relief. In the event of a claim or dispute arising under or relating to this agreement, a binding arbitration shall not be used unless specifically authorized by agency guidance, and equitable or injunctive relief, including the award of attorney fees, costs or interest, may be awarded against the U.S. Government only when explicitly provided by statute (e.g., Prompt Payment Act or Equal Access to Justice Act) Updating terms. After award, the contractor may unilaterally revise commercial supplier agreement terms if they are not material. A material change is defined as:

1) Terms that change Government rights or obligations;

2) Terms that increase Government prices;

3) Terms that decrease overall level of service; or

4) Terms that limit any other Government right addressed elsewhere in this contract.

5) For revisions that will materially change the terms of the contract, the revised commercial supplier agreement must be incorporated into the contract using a bilateral modification.

6) Any agreement license terms or conditions unilaterally revised subsequent to award that are inconsistent with any material term or provision of this contract shall not be enforceable against the Government, and the Government shall not be deemed to have consented to them.

v. No automatic renewals. If any license or service tied to periodic payment is provided under this agreement (e.g., annual software maintenance or annual lease term), such license or service shall not renew automatically upon expiration of its current term without prior express consent by an authorized Government representative. vi. Indemnification. Any clause of this agreement requiring the commercial supplier or licensor to defend or indemnify the end user is hereby amended to provide that the U.S. Department of Justice has the sole right to represent the United States in any such action, in accordance with 28 U.S.C. 516.

vii. Audits. Any clause of this agreement permitting the commercial supplier or licensor to audit the end user's compliance with this agreement is hereby amended as follows:

1) Discrepancies found in an audit may result in a charge by the commercial supplier or licensor to the ordering activity. Any resulting invoice must comply with the proper invoicing requirements specified in the underlying Government contract or order.

2) This charge, if disputed by the ordering activity, will be resolved in accordance with FAR 52.212-4(d); no payment obligation shall arise on the part of the ordering activity until the conclusion of the dispute process.

3) Any audit requested by the contractor will be performed at the contractor's expense, without reimbursement by the Government.

(3). Software Maintenance and/or Technical Support.

a) If the Government desires to continue software maintenance and support beyond the period of performance identified in this Contract/Order, the Government will issue a separate contract or order for maintenance and support. Conversely, if a contract or order for continuing software maintenance and technical support is not received, the Contractor is neither authorized nor permitted to renew any of the previously furnished services

b) The Contractor shall provide software support services, which includes periodic updates, enhancements and corrections to the software, and reasonable technical support, all of which are customarily provided by the Contractor to its commercial customers to cause the software to perform according to its specifications, documentation or demonstrated claims.

c) Any telephone support provided by Contractor shall be at no additional cost.

d) The Contractor shall provide all maintenance services in a timely manner in accordance with the Contractor’s customary practice or as defined in the Product Description. However, prolonged delay (exceeding two business days) in resolving software problems will be noted in the Government’s various past performance records on the Contractor (e.g., www.cpars.gov).

e) If the Government allows the maintenance and support to lapse and subsequently wishes to reinstate it, any reinstatement fee charged shall not exceed the amounts that would have been charged if the Government had not allowed the subscription to lapse.

(4). Disabling Software Code. The Government requires delivery of computer software that does not contain any code that will, upon the occurrence or the nonoccurrence of any event, disable the software. Such code includes but is not limited to a computer virus, restrictive key, node lock, time-out, or other function, whether implemented by electronic, mechanical, or other means, which limits or hinders the use or access to any computer software based on residency on a specific hardware configuration, frequency of duration of use, or other limiting criteria. If any such disabling code is present, the Contractor agrees to indemnify the Government for all damages suffered as a result of a disabling caused by such code, and the contractor agrees to remove such code upon the Government’s request at no extra cost to the Government. Inability of the Contractor to remove the disabling software code will be considered an inexcusable delay and a material breach of contract, and the Government may exercise it’s right to terminate for cause. In addition, the Government is permitted to remove the code as it deems appropriate and charge the Contractor for consideration for the time and effort expended in removing the code.

(5). Manuals and Publications.

Upon Government request, the Contractor shall furnish the most current version of the user manual and publications for all products/services provided under this Contract/Order at no cost.

B.4 PRICE SCHEDULE

All Deliverables Shall Be Electronically Submitted to: VA Program Manager (PM), Contracting Officer’s Representative (COR). Days used below refer to calendar days unless otherwise stated. Deliverables with due dates falling on a weekend or holiday shall be submitted the following Government workday after the weekend or holiday.

Inspection: destination Acceptance: destination

Vendor is cautioned that alterations to the line items as specified below may render proposal unacceptable. All questions shall be directed to the Contract Specialist, Ana Subashi, Ana.Subashi@va.gov, and Contracting Officer, Kendra Casebolt, Kendra.Casebolt@va.gov prior to the closing date and time specified in the Request for Proposal (RFP).

Base Period Period of Performance (PoP): July 1, 2026, through June 30, 2027

CLIN#
CLIN Description
Unit
Qty
Unit Price
Extended Price
0001
Walsh QA Inspector

3 Customizable Checklists, 1 Account, Web Portal Follow-Up & Reports

MFR PART NO: 1101

TYPE: Software License

EA
1
$
$
0002
Additional Checklists, Each

MFR PART NO: 1115

TYPE: Software License

EA
14
$
$
0003
Walsh Pest Control Manager

2 Customizable Checklists, 1 Account, Web Portal Follow-Up & Reports

MFR PART NO: 1104

TYPE: Software License

EA
1
$
$
0004
Walsh Linen Management Program

1 Account, with a package of 2 checklists, for 1 year.

Includes ongoing monitoring, data input and weekly meetings.

MFR PART NO: WLINEN

TYPE: Software License

EA
1
$
$
0005
Inspectors Licenses (26+ units), Each

MFR PART NO: 1112

TYPE: Software License

EA
48
$
$
0006
UltraSnap ATP swabs (100/box)

MFR PART NO: ATPUS2020

TYPE: Consumables

EA
240
$
$
0007
Walsh Quality Success Manager (10 hours per month)

MFR PART NO: WQSM

TYPE: Services

EA
1
$
$
0008
Walsh Enhanced Reporting Program

MFR PART NO: WERP

TYPE: Services

EA
1
$
$
0009
Walsh Housekeeper Task Management System

3 Customizable Checklists, 1 Account, Web Portal Follow-Up & Reporting Access

MFR PART NO: 1105

TYPE: Software License

EA
1
$
$
0010
Operator User License (100-299 Units), Each

MFR PART NO: 1120

TYPE: Software License

EA
110
$
$
0011
EVS Tech Task Management, New Hires & Refresh On-site Training Package, every 6 months

On-site Training for 3 days 2 trainers.

MFR PART NO: WHKTMSTRAIN

TYPE: Services

EA
2
$
$
0012
Supervisors New Hire & Refresh, On-site Training Package, annual

On-site Training for 3 days 2 trainers.

MFR PART NO: WREFRESH

TYPE: Services

EA
1
$
$
BASE PERIOD TOTAL:
$

OPTION PERIOD ONE

This 12-month option may be exercised in accordance with the clause in Section C entitled, “FAR 52.217-9 Option to Extend the Term of the Contract.” Work shall not commence until, and unless, a formal modification is issued by the Contracting Officer. If exercised, the period of performance for Option Period One shall commence immediately upon the expiration of the Base Period.

Period of Performance (PoP): July 1, 2027, through June 30, 2028

CLIN#
CLIN Description
Unit
Qty
Unit Price
Extended Price
1001
Walsh QA Inspector

3 Customizable Checklists, 1 Account, Web Portal Follow-Up & Reports

MFR PART NO: 1101

TYPE: Software License

EA
1
$
$
1002
Additional Checklists, Each

MFR PART NO: 1115

TYPE: Software License

EA
14
$
$
1003
Walsh Pest Control Manager

2 Customizable Checklists, 1 Account, Web Portal Follow-Up & Reports

MFR PART NO: 1104

TYPE: Software License

EA
1
$
$
1004
Walsh Linen Management Program

1 Account, with a package of 2 checklists, for 1 year.

Includes ongoing monitoring, data input and weekly meetings.

MFR PART NO: WLINEN

TYPE: Software License

EA
1
$
$
1005
Inspectors Licenses (26+ units), Each

MFR PART NO: 1112

TYPE: Software License

EA
48
$
$
1006
UltraSnap ATP swabs (100/box)

MFR PART NO: ATPUS2020

TYPE: Consumables

EA
240
$
$
1007
Walsh Quality Success Manager (10 hours per month)

MFR PART NO: WQSM

TYPE: Services

EA
1
$
$
1008
Walsh Enhanced Reporting Program

MFR PART NO: WERP

TYPE: Services

EA
1
$
$
1009
Walsh Housekeeper Task Management System

3 Customizable Checklists, 1 Account, Web Portal Follow-Up & Reporting Access

MFR PART NO: 1105

TYPE: Software License

EA
1
$
$
1010
Operator User License (100-299 Units), Each

MFR PART NO: 1120

TYPE: Software License

EA
110
$
$
1011
EVS Tech Task Management, New Hires & Refresh On-site Training Package, every 6 months

On-site Training for 3 days 2 trainers.

MFR PART NO: WHKTMSTRAIN

TYPE: Services

EA
2
$
$
1012
Supervisors New Hire & Refresh, On-site Training Package, annual

On-site Training for 3 days 2 trainers.

MFR PART NO: WREFRESH

TYPE: Services

EA
1
$
$
OPTION PERIOD ONE TOTAL:
$
GRAND TOTAL:
$

B.5 PRODUCT DESCRIPTION

Page 1 of Page 1 of

PRODUCT DESCRIPTION (PD)

DEPARTMENT OF VETERANS AFFAIRS

Environmental Management Service Bay Pines VA Healthcare System

Walsh Software Licenses and Services

Date: April 15, 2026

VA-26-00047463

PD Version Number: 2.0

1.0 PRODUCT REQUIREMENTS

The Department of Veterans Affairs (VA), Environmental Management Service (EMS), Bay Pines VA Healthcare System requires the continued procurement of annual software licensing and reporting services for the Brand Name Walsh QA Inspection Platform to ensure uninterrupted functionality of the existing quality assurance and environmental inspection system. The Walsh platform, originally procured in 2019 and deployed across the Bay Pines and Cape Coral facilities, supports four critical EMS section programs consisting of customizable checklists, accounts, web portal follow-ups, dashboards, and reports—along with 14 additional checklists, 48 inspector licenses, and 110 operator user licenses essential for EMS operations. The system integrates with UltraSnap ATP swabs and ATP handheld analyzers that transmit cleanliness data directly into the Walsh QA Inspection Platform, making compatibility and data integrity vital to EMS’s mission requirements. The contractor is the only source capable of providing the necessary brand‑specific licensing, system extensions, ATP integrations, and recurring on-site training delivered three times per year for new and existing EMS personnel. Continued acquisition from this source is required to maintain operational consistency, system interoperability, and compliance with established EMS processes.

Walsh QA Inspection Software empowers EMS managers, supervisors, housekeeping staff, and pest control personnel to perform inspections, track service quality, and ensure compliance with sanitation and environmental standards. The platform includes exclusive Walsh Ecosystem Extensions—Pest Control, Linen Management, Housekeeping, Fleet Management, and Mattress & Stretcher Accountability—delivering unmatched integration and operational continuity. Walsh Integrated also provides annual on‑site training (nine days) and full technical support to ensure optimal performance and VA compliance. The Walsh Integrated software licenses will not be used on the VA network.

The period of performance will be from July 1, 2026, through June 30, 2027, consisting of one (1) 12‑month base period and one (1) 12‑month option period, to be exercised at the Government’s discretion.

Base Period Period of Performance (PoP): July 1, 2026, through June 30, 2027

PRODUCT DESCRIPTION
MFR PART NO
TYPE
QTY

Walsh QA Inspector 3 Customizable Checklists, 1 Account, Web Portal Follow-Up & Reports

1101
Software License
1
Additional Checklists, Each
1115
Software License
14

Walsh Pest Control Manager 2 Customizable Checklists, 1 Account, Web Portal Follow-Up & Reports

1104
Software License
1

Walsh Linen Management Program 1 Account, with a package of 2 checklists, for 1 year.

Includes ongoing monitoring, data input and weekly meetings.

WLINEN
Software License
1
Inspectors Licenses (26+ units), Each
1112
Software License
48
UltraSnap ATP swabs (100/box)
ATPUS2020
Consumables
240
Walsh Quality Success Manager (10 hours per month)
WQSM
Services
1
Walsh Enhanced Reporting Program
WERP
Services
1

Walsh Housekeeper Task Management System 3 Customizable Checklists, 1 Account, Web Portal Follow-Up & Reporting Access

1105
Software License
1
Operator User License (100-299 Units), Each
1120
Software License
110

EVS Tech Task Management, New Hires & Refresh On-site Training Package, every 6 months On-site Training for 3 days 2 trainers.

WHKTMSTRAIN
Services
2

Supervisors New Hire & Refresh, On-site Training Package, annual On-site Training for 3 days 2 trainers.

WREFRESH
Services
1

Option Year 1 Period of Performance (PoP): July 1, 2027, through June 30, 2028

PRODUCT DESCRIPTION
MFR PART NO
TYPE
QTY

Walsh QA Inspector 3 Customizable Checklists, 1 Account, Web Portal Follow-Up & Reports

1101
Software License
1
Additional Checklists, Each
1115
Software License
14

Walsh Pest Control Manager 2 Customizable Checklists, 1 Account, Web Portal Follow-Up & Reports

1104
Software License
1

Walsh Linen Management Program 1 Account, with a package of 2 checklists, for 1 year.

Includes ongoing monitoring, data input and weekly meetings.

WLINEN
Software License
1
Inspectors Licenses (26+ units), Each
1112
Software License
48
UltraSnap ATP swabs (100/box)
ATPUS2020
Consumables
240
Walsh Quality Success Manager (10 hours per month)
WQSM
Services
1
Walsh Enhanced Reporting Program
WERP
Services
1

Walsh Housekeeper Task Management System 3 Customizable Checklists, 1 Account, Web Portal Follow-Up & Reporting Access

1105
Software License
1
Operator User License (100-299 Units), Each
1120
Software License
110

EVS Tech Task Management, New Hires & Refresh On-site Training Package, every 6 months On-site Training for 3 days 2 trainers.

WHKTMSTRAIN
Services
2

Supervisors New Hire & Refresh, On-site Training Package, annual On-site Training for 3 days 2 trainers.

WREFRESH
Services
1

2.0 NOTICE OF THE FEDERAL ACCESSIBILITY LAW AFFECTING ALL INFORMATION AND COMMUNICATION TECHNOLOGY (ICT) PROCUREMENTS (SECTION 508) On January 18, 2017, the Access Board issued a final rule that updated accessibility requirements covered by Section 508 and refreshed guidelines for telecommunications equipment subject to Section 255 of the Communications Act. The final rule went into effect on January 18, 2018. The revisions and updates to the Section 508-based standards and Section 255-based guidelines are intended to ensure that information and communication technology (ICT) covered by the respective statutes is accessible to and usable by individuals with disabilities.

2.1 SECTION 508 – INFORMATION AND COMMUNICATION TECHNOLOGY (ICT) STANDARDS

The Section 508 standards established by the Access Board are incorporated into, and made part of all VA orders, solicitations and purchase orders developed to procure ICT. These standards are found in their entirety at: Revised 508 Standards and 255 Guidelines (access-board.gov). A single PDF file version of the Revised Section 508 Standards and 255 Guidelines will be supplied upon request, or can be obtained from the Access Board website. Federal agencies must comply with the Rehabilitation Act of 1973, as amended.

The Contractor shall comply with “508 Chapter 2: Scoping Requirements” for all electronic ICT and content delivered under this contract. Specifically, as appropriate for the technology and its functionality, the Contractor shall comply with the technical standards marked here:

☐E205 Electronic Content – (Accessibility Standard -WCAG 2.0 Level A and AA Guidelines)
☐E204 Functional Performance Criteria
☐E206 Hardware Requirements
☒E207 Software Requirements
☐E208 Support Documentation and Services Requirements

2.2 COMPATABILITY WITH ASSISTIVE TECHNOLOGY

The standards do not require installation of specific accessibility-related software or attachment of an assistive technology device. Section 508 requires that ICT be compatible with such software and devices so that ICT can be accessible to and usable by individuals using assistive technology, including but not limited to screen readers, screen magnifiers, and speech recognition software.

2.3 ACCEPTANCE AND ACCEPTANCE TESTING

Deliverables resulting from this solicitation will be accepted based in part on satisfaction of the Section 508 Chapter 2: Scoping Requirements standards identified above.

The Government reserves the right to test for Section 508 Compliance before delivery. The Contractor shall be able to demonstrate Section 508 Compliance upon delivery.

3.0 INFORMATION TECHNOLOGY USING SUSTAINABLE PRODUCTS AND SERVICES

The Contractor shall comply with Sections 524 and Sections 525 of the Energy Independence and Security Act of 2007; Section 104 of the Energy Policy Act of 2005; Executive Order 13221, “Energy-Efficient Standby Power Devices,” dated August 2, 2001; and the Federal Acquisition Regulation (FAR) to provide ENERGY STAR®, Federal Energy Management Program (FEMP) designated, and products and services that meet EPA Recommendations of Specifications, Standards, and Ecolabels in effect as of October 2023 (e.g. Electronic Product Environmental Assessment Tool (EPEAT) registered products) in providing information technology products and/or services. The Green Procurement Compilation (GPC) website available at Green Procurement Compilation - GSA Sustainable Facilities Tool (sftool.gov) provides a comprehensive list of sustainable products and services and sustainable acquisition guidance.

The Contractor shall provide products that meet the definition of sustainable products and services if the products are delivered to the Government; furnished by the Contractor for use by the Government, incorporated into the construction of a public building or public work, or acquired by the Contractor for use in performing services under a Government contract where the cost of the products is a direct cost to a Government contract (versus costs which are normally applied to a contractor's general and administrative expenses or indirect costs).

Specifically, the Contractor shall provide sustainable products under this contract in accordance with FAR 52.223-23. The applicable products with their associated certification, designation, and/or ecolabel (e.g. Energy Star, FEMP, and/or EPEAT) are identified within the product specifications in this PD. The Contractor shall ensure proposed products meet the certification(s) / designation(s) / ecolabel(s) specified at the time of submission of proposals and at the time of award.

4.0 SHIPMENT OF HARDWARE OR EQUIPMENT

Inspection: Destination Acceptance: Destination Free on Board (FOB): Destination

Ship To and Mark For:

Primary

Alternate

Name:
Jerry Dunmore
Name:
Leemichael Baczewski
Address:
10000 Bay Pines Blvd.

Bldg. 37, Room 102 Bay Pines, FL 33744

Address:
10000 Bay Pines Blvd.

Bldg. 37, Room 102 Bay Pines, FL 33744

Voice:
727-512-2754
Voice:
727-742-6541
Email:
Jerry.Dunmore@va.gov
Email:
Leemichael.Baczewski@va.gov

4.1 ELECTRONIC SHIPPING OF LICENCES

Electronic delivery of licenses is required for this procurement because each license consists of individualized website access credentials (unique username and password) assigned to EMS personnel. The Contractor shall provide the initial setup and account activation information directly to each authorized user via email, ensuring secure and immediate access. Once logged into the system, users are able to access all electronic checklists, dashboards, and reports necessary to perform required EMS quality assurance and inspection functions. This method of electronic distribution is integral to the operation of the Walsh QA Inspection Platform and aligns with the system’s design and workflow requirements. The Walsh QA Inspection Platform is not accessed on the VA network.

5.0 GENERAL REQUIREMENTS

5.1 VA TECHNICAL REFERENCE MODEL

The Contractor shall comply with the VA OIT Technical Reference Model (VA TRM). Compliance with the VA TRM is achieved by using only technologies and standards that are listed as approved for use in the VA TRM. The Contractor shall provide all necessary information requested by VA to ensure TRM approval is obtained prior to use on VA’s network.

5.2 ZERO TRUST – VA CRITICAL SECURITY CONTROLS

VA has established minimum mandatory security requirements and requires that any network connected software system or service must meet the VA Critical Security Controls as outlined in the VA Memorandum, “VA Security Controls”, https://www.voa.va.gov/DocumentView.aspx?DocumentID=5010. VA Critical Security Controls identify the minimum mandatory requirements that must be implemented across all VA enterprise infrastructure, cloud computing environments, information systems, networks, and specialized devices (medical devices/systems, special-purpose systems, and research scientific computing devices) that process, store, and/or transmit VA data. Effective July 1, 2025, the Contractor shall implement these VA Critical Security Controls, within any network connected software system or service prior to being authorized for use in the VA. This functional requirement is not negotiable, and Plan of Action & Milestones (POAM) will not be accepted in the event these controls cannot be implemented for new systems. Critical Security Controls are intended to increase VA’s security posture and provide security and privacy risk visibility into the VA network and is not a new requirement. The Contractor’s failure to maintain these VA Critical Controls after implementation will result in VA discontinuing the use of the system.

5.3 SOCIAL SECURITY NUMBER (SSN) REDUCTION

The Contractor solution shall support the Social Security Number (SSN) Fraud Prevention Act (FPA) of 2017 which prohibits the inclusion of SSNs on any document sent by mail. The Contractor support shall also be performed in accordance with Section 240 of the Consolidated Appropriations Act (CAA) 2018, enacted March 23, 2018, which mandates VA to discontinue using SSNs to identify individuals in all VA information systems as the Primary Identifier. The Contractor shall ensure that any new IT solution discontinues the use of SSN as the Primary Identifier to replace the SSN with the Integrated Control Number (ICN) in all VA information systems for all individuals. The Contractor shall ensure that all Contractor delivered applications and systems integrate with the VA Master Person Index (MPI) for identity traits to include the use of the ICN as the Primary Identifier. The Contractor solution may only use a Social Security Number to identify an individual in an information system if and only if the use of such number is required to obtain information VA requires from an information system that is not under the jurisdiction of VA.

5.4 INTERNET PROTOCOL VERSION 6 (IPV6)

The Contractor solution shall support IPv6-Only based upon the memo issued by the Office of Management and Budget (OMB) on November 19, 2020 (https://www.whitehouse.gov/wp-content/uploads/2020/11/M-21-07.pdf). Which defines IPv6-only as the state of an operational system or service when IPv4 protocol functions (addressing, packet forwarding) are not in use. The NIST USGv6 profile defines technical requirements for a product to be capable of operating in IPv6-Only environments. IPv6-Only technology, in accordance with the USGv6 Program (https://www.nist.gov/programs-projects/usgv6-program/usgv6-revision-1), NIST Special Publication (SP) 500-267B Revision 1 “USGv6 Profile” (https://doi.org/10.6028/NIST.SP.500-267Br1), and NIST SP 800-119 “Guidelines for the Secure Deployment of IPv6” (https://doi.org/10.6028/NIST.SP.800-119), compliance shall be included in all IT infrastructures, application designs, application development, operational systems and sub-systems, and their integration. In addition to the above requirements, all devices, applications, and systems shall support all applicable functionality on native IPv6-Only as well as dual stack (IPv6 / IPv4) connectivity without additional memory or other resources being provided by the Government, so that they can function in a mixed environment. All public/external facing servers and services (e.g., web, email, DNS, ISP services, etc.) shall support native IPv6-Only and dual stack (IPv6 / IPv4) users and all internal infrastructure and applications shall support using native IPv6-Only and dual stack (IPv6 / IPv4) for all functionality and operations.

5.5 SOFTWARE AND LICENSING REQUIREMENTS

The Contractor shall be responsible for the provision of all software licenses and any associated licensing maintenance required for any development, delivery, integration, operation, and/or maintenance associated with its proposed application(s), software products, software solution, and/or system including, but not limited to, any and all application(s), software and/or software products that comprise, are a part of, or integrate with the Contractor’s proposed application(s), software products, software solution, and/or system for the life of any resulting contract.

5.6 TRUSTED INTERNET CONNECTION (TIC)

The Contractor solution shall meet the requirements outlined in Office of Management and Budget Memorandum M-19-26, “Update to the Trusted Internet Connections (TIC) Initiative“ (https://www.whitehouse.gov/wp-content/uploads/2019/09/M-19-26.pdf), VA Directive 6513 “Secure External Connections”, and shall comply with the TIC 3.0 Core Guidance Documents, including all Volumes and TIC Use Cases, found at the Cybersecurity & Infrastructure Security Agency (CISA) (https://www.cisa.gov/publication/tic-30-core-guidance-documents.)

6.0 POINTS OF CONTACT

VA Program Manager:

Name:Renee M. Corpuz
Address:10000 Bay Pines Blvd.
Bldg. 37, Room 102
Bay Pines, FL 33744
Voice:727-793-7704
Email:Renee.Corpuz@va.gov

Contracting Officer’s Representative:

Name:Jerry Dunmore
Address:10000 Bay Pines Blvd.

Bldg. 37, Room 102 Bay Pines, FL 33744

Voice:727-512-2754
Email:Jerry.Dunmore@va.gov

Contracting Officer:

Name:Kendra Casebolt
Voice:848-377-5042
Email:Kendra.Casebolt@va.gov

Contract Specialist:

Name:Ana Subashi
Voice:848-377-5100
Email:Ana.Subashi@va.gov

7.0 INFORMATION SECURITY CONSIDERATIONS

All VA sensitive information shall be protected at all times in accordance with local security field office System Security Plans (SSP’s) and Authority to Operate (ATO)’s for all systems/LAN’s accessed while performing the tasks detailed in this Product Description.

Page 1 of

SECTION C - CONTRACT CLAUSES

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): FAR Overhaul: https://www.acquisition.gov/far-overhaul/far-part-deviation-guide , and VAAR: https://www.va.gov/oal/library/vaar/vaar852.asp

FAR Number
Title
Date
52.203-3
GRATUITIES
APR 1984
52.203-16
PREVENTING PERSONAL CONFLICTS OF INTEREST
JUN 2020
52.203-17
CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS
NOV 2023
52.203-19
PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS
JAN 2017
52.204-7
SYSTEM FOR AWARD MANAGEMENT—REGISTRATION (DEVIATION)
NOV 2025
52.204-9
PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL
JAN 2011
52.204-13
SYSTEM FOR AWARD MANAGEMENT—MAINTENANCE (DEVIATION)
NOV 2025
52.209-2
PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS—REPRESENTATION
NOV 2015
52.212-4
TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
OCT 2025 (DEVIATION)
52.219-27
NOTICE OF SET-ASIDE FOR, OR SOLE-SOURCE AWARD TO, SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS (SDVOSB) CONCERNS ELIGIBLE UNDER THE SDVOSB PROGRAM
NOV 2025 (DEVIATION)
52.227-1
AUTHORIZATION AND CONSENT
JUN 2020
52.227-2
NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT
JUN 2020
52.227-3
PATENT INDEMNITY
APR 1984
52.227-20
RIGHTS IN DATA—SBIR PROGRAM
MAY 2014
52.232-7
PAYMENTS UNDER TIME-AND-MATERIALS AND LABOR-HOUR CONTRACTS
NOV 2021
52.232-17
INTEREST
MAY 2014
52.232-23
ASSIGNMENT OF CLAIMS
MAY 2014
52.232-33
PAYMENT BY ELECTRONIC FUNDS TRANSFER—SYSTEM FOR AWARD MANAGEMENT
OCT 2018
52.232-39
UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS
JUN 2013
52.232-40
PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS
MAR 2023
52.233-1
DISPUTES
MAY 2014
52.233-3
PROTEST AFTER AWARD
AUG 1996
52.233-4
APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM
OCT 2004
52.237-2
PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION
APR 1984
52.242-13
BANKRUPTCY
JUL 1995
52.249-2
TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE)
APR 2012
852.201-70
CONTRACTING OFFICER'S REPRESENTATIVE
DEC 2022
852.203-70
COMMERCIAL ADVERTISING
MAY 2018
852.222-71
COMPLIANCE WITH EXECUTIVE ORDER 13899 (DEVIATION) (APR 2025)
APR 2025
852.232-72
ELECTRONIC SUBMISSION OF PAYMENT REQUESTS
NOV 2018
852.239-70
SECURITY REQUIREMENTS FOR INFORMATION TECHNOLOGY RESOURCES
FEB 2023
852.239-72
INFORMATION SYSTEM DESIGN AND DEVELOPMENT
FEB 2023
852.239-71
INFORMATION SYSTEM SECURITY PLAN AND ACCREDITATION
FEB 2023
852.239-73
INFORMATION SYSTEM HOSTING, OPERATION, MAINTENANCE, OR USE
FEB 2023
852.239-74
SECURITY CONTROLS COMPLIANCE TESTING
FEB 2023

C.2 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, PROPOSED FOR DEBARMENT, OR VOLUNTARILY EXCLUDED (JAN 2025)

(a) Definition.

Commercially available off-the-shelf (COTS) item, as used in this clause—

(1) Means any item of supply (including construction material) that is—

(i) A commercial product (as defined in paragraph (1) of the definition of ‘‘commercial product” in Federal Acquisition Regulation (FAR) 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

(b) The Government suspends or debars Contractors to protect the Government's interests. Other than a subcontract for a commercially available off-the-shelf item, the Contractor shall not enter into any subcontract, in excess of the threshold specified in FAR 9.405–2(b) on the date of subcontract award, with a Contractor that is debarred, suspended, proposed for debarment, or voluntarily excluded by any executive agency unless there is a compelling reason to do so.

(c) The Contractor shall require each proposed first-tier subcontractor whose subcontract will exceed the threshold specified in FAR 9.405–2(b) on the date of subcontract award, other than a subcontractor providing a commercially available off-the-shelf item, to disclose to the Contractor, in writing, whether as of the time of award of the subcontract, the subcontractor, or its principals, is or is not debarred, suspended, proposed for debarment, or voluntarily excluded by the Federal Government.

(d) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing, before entering into a subcontract with a party (other than a subcontractor providing a commercially available off-the-shelf item) that is debarred, suspended, proposed for debarment, or voluntarily excluded (see FAR 9.404 for information on the System for Award Management (SAM) Exclusions). The notice must include the following:

(1) The name of the subcontractor.

(2) The Contractor's knowledge of the reasons for the subcontractor being listed with an exclusion in SAM.

(3) The compelling reason(s) for doing business with the subcontractor notwithstanding its being listed with an exclusion in SAM.

(4) The systems and procedures the Contractor has established to ensure that it is fully protecting the Government's interests when dealing with such subcontractor in view of the specific basis for the party's debarment, suspension, proposed debarment, or voluntary exclusion.

(e) Subcontracts. Unless this is a contract for the acquisition of commercial products or commercial services, the Contractor shall include the requirements of this clause, including this paragraph (e) (appropriately modified for the identification of the parties), in each subcontract that-

(1) Exceeds the threshold specified in FAR 9.405–2(b) on the date of subcontract award; and

(2) Is not a subcontract for commercially available off-the-shelf items.

(End of Clause) C.3 52.217-7 OPTION FOR INCREASED QUANTITY—SEPARATELY PRICED LINE ITEM (MAR 1989) The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor at any time during the contract performance but in no instance later than the contract expiration date.

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