36C10X26Q0052 FinalV1.docx

36C10X26Q0052

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/CONTRACTOR

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 CONTRACTOR/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

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

133-26-2-4584-0009

02-16-2026 Jaime Bennett Jaime.Bennett@va.gov 202-607-9452 02-27-2026

1:00PM

EST

36C10X Strategic Acquisition Center - Frederick Department of Veterans Affairs

5202 Presidents Court, Suite 103 Frederick MD 21703

X

711320 $22 Million

N/A

See PWS Section B.2

36C10X Strategic Acquisition Center - Frederick Department of Veterans Affairs

5202 Presidents Court, Suite 103 Frederick MD 21703

VAFSC

U.S. Department of Veterans Affairs Financial Services Center

PO BOX 149971

(see Section B.1 invoicing/payment) Austin TX 78714-8917 1-(877)-489-6135

See CONTINUATION Page Department of Veterans Affairs (VA) National Veterans Sports Programs and Special Events Program National Veterans Golden Age Games (NVGAG)

PICKLEBALL TOURNAMENT EVENT MANAGEMENT

Period of Performance March 15, 2026- July 1, 2026

RFQ Questions Due by February 20th, 2026 @ 10:00 AM ET.

RFQ Responses Due by February 27th, 2026 @ 10:00 AM ET.

Submit all questions and RFQ response to Jaime Bennett @ Jaime.Bennett@va.gov Contract Type: Firm Fixed Price See continuation pages and attachments in Section D for further details.

See CONTINUATION Page

Jaime Bennett Contracting Officer

Table of Contents

SECTION B

B.1 INVOICING INSTRUCTIONS

1. Submission - In accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests, all invoices shall be submitted electronically.

TUNGSTEN ELECTRONIC INVOICE SUBMISSION

FSC e-INVOICE PROGRAM THRU AUSTIN PORTAL

FSC MANDATORY ELECTRONIC INVOICE SUBMISSION FOR AUSTIN PAYMENTS

Vendor Electronic Invoice Submission Methods:

Fax, email, and scanned documents are not acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted data transmissions below.

· VA’s Electronic Invoice Presentment and Payment System – The Financial Services Center (FSC) in Austin, TX uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website: http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

· A system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI). The X12 EDI Web site is http://www.x12.org

Vendor e-invoice Set-up information:

Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center in Austin, TX for payment processing. If you have questions about the payment status of a properly submitted invoice, the e-invoicing program, or Tungsten, please contact the FSC at the phone number or email address listed below.

• Tungsten e-Invoice setup information: 1-877-489-6135

• Tungsten e-Invoice email: VA.Registration@tungsten-network.com

• FSC e-Invoice contact information: 1-877-353-9791

• FSC e-Invoice email: vafsccshd@va.gov

• http://www.fsc.va.gov/einvoice.asp

COMMUNICATIONS:

• https://www.federalregister.gov/articles/2012/11/27/2012-28612/vaacquisition-regulation-electronic-submission-of-payment-requests

• http://fcw.com/articles/2012/11/27/va-epayments.aspx?s=fcwdaily

2.Submission of Proper Invoice - The following data must be included in an invoice for it to constitute a proper invoice:

a. Name and address of the contractor

b. Invoice date and number

c. IFCAP Purchase Order No.:

d. Contract No.: TBD

e. Item number, description, quantity, unit of measure, price, extended price, and a total of supplies delivered, or services performed.

1. Cumulative billing (per line item and total)

2. Final invoices must be marked ‘FINAL INVOICE’

3. Proof of supplies delivered, or services performed MUST also be provided. Signature, printed name, and title of Government receiving official, and date of delivery or performance period must be included.

INVOICES THAT DO NOT COMPLY WITH THESE REQUIREMENTS SHALL BE REJECTED.

3.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

4.Invoice shall be submitted in the arrears

a. Quarterly [ ]

b. Semi-Annually [ ]

c. Other [X] Monthly, in accordance with FAR 52.212-4.

3. Vendorization Process Contractors that have never done business with the VA before are encouraged to complete VA FORM 10091 –VA FSC Vendor File Request Form, provided https://www.cep.fsc.va.gov/ Becoming “vendorized” is required to receive electronic payments from the VA. The process of becoming vendorized can be delayed, which can negatively impact award timeframe. Completing this process as soon as possible will help ensure that the process will run smoothly IF successful in the evaluation process.

Be aware, the VA FORM 10091 MUST match every detail of the SAM record to include EIN/TIN/SSN, Banking Info, Company’s Website and email addresses, POC, etc.

Do not submit the form or questions regarding the vendorization process to the contracting POCs. POCs for questions and a secure fax line for submission are included on the form.

B.2 PERFORMANCE WORK STATEMENT

1.0 BACKGROUND

The National Veterans Golden Age Games (NVGAG) is a national rehabilitation multi-event sports and recreational seniors’ competition program designed to improve the quality of life for all older Veterans, including those with a wide range of abilities and disabilities. The NVGAG is one of the most progressive and adaptive rehabilitative senior sports programs in the world. The Games serve as a qualifying event for competition in the National Senior Games in several competitive events.

2.0 SCOPE

The Contractor shall provide overall onsite tournament event management and labor for the 2026 NVGAG Pickleball competition, part of the 2026 National Veterans Golden Age Games in Tampa, Florida June 26- July 1, 2026, from 6am – 8pm daily (times include setup and breakdown). This support includes a pickleball tournament format for up to 400 Veterans in attendance. Pickleball tournament competitions will include male doubles, female doubles and mixed doubles. Athletes will compete based on age and skill divisions. There will be eight age groups (55-59,60-64,65-69,70-74,75-79,80-84,85-89,90+) that will be divided into divisions in each competition. Divisions for each age group will be determined after registration closes.

The tournament format will be double elimination play, best two (2) out of three (3) games to 11, win by 2. Tournament format is subject to change based on the number of registration entries.

The NVGAG will provide the support, equipment, and supplies below:

· Event location and space to facilitate the tournament.

· 2 – 3 Golden Age Games Staff to assist with tournament process

· Athlete Check-in support

· Medical Support

· Volunteer Support (referees, line judges, scorekeepers)

· Pickleballs

· 10 Complete Pickleball Courts and Nets

· Pickleball Paddles

· Office supplies (paper, pencil, pen, score cards, clipboards, etc.)

· PA system

· Display monitors for bracketing.

· Tables and chairs for Event Director table, athlete and spectator sitting.

· Tournament and Wayfinding Signage

3.0 REFERENCES/CONTACTS

· www.veteransgoldenagegames.va.gov- National Veterans Golden Age Games

· Kenneth Becker- Main Contact/Contracting Officer Representative (COR)

(414) 384-2000- Ext 44577 kenneth.becker4@va.gov

· 2026 Event Schedule – Final version will be provided to Contractor within one

(1) month prior to event.

https://online.flippingbook.com/view/406764384/

4.0 PLACE OF PERFORMANCE

· Tampa, Florida. Specific location of the tournament is yet to be determined.

The Contractor’s on-site personnel will be required to wear proper identification always while working at the designated location. Contractors shall be required to comply with all security and personnel identification processes required by the Client.

5.0 PERIOD OF PERFORMANCE

March 15, 2026 - July 1, 2026.

6.0 OBJECTIVES

The Contractor shall perform the mandatory tasks and provide the specific deliverables described below within the performance period stated in this Performance Work Statement (PWS). If, for any reason, any deliverable cannot be delivered on time according to the schedule below, the Contractor shall provide a written explanation to the Contracting Officer’s Representative (COR) thirty days prior to deliverable due date. This written transmittal shall include a firm commitment of when the work shall be completed. This transmittal to the COR shall cite the reasons for the delay and the impact on the overall project.

The Contractor shall not commit or permit any act that interferes with the performance of work awarded to another Contractor or with the performance of Government employees. In any case where, while fulfilling the contract requirements, the Contractor disturbs any work guaranteed under another separate contract, the Contractor must restore such disturbed work.

All competitions should follow the draft attached NVGAG Event Schedule. Contractor must be flexible with event start times to allow for minor changes as communicated by the COR or appointment official (NVGAG National Official).

Task 6.1: Provide Tournament Director and Assistant – The Contractor must provide the necessary staff to facilitate the pickleball competitions as outlined in the 2026 NVGAG Event Schedule. Contractor will estimate travel costs and labor associated with the tournament's implementation over the four days, including any necessary pre-event preparations that should occur at least prior to the event.

Deliverable 6.1:

Table 1, Mandatory Deliverable Table

Due Date

Task 6.2: Bracketing software - Contractor is responsible for selecting the appropriate bracketing software to implement the pickleball tournament competitions. Contractors are responsible in providing own equipment (i.e. laptops, battery chargers, additional monitors etc.) for running the bracketing software. Contractor is to review selected bracketing software with Client prior to deployment. The Contractor is expected to assess the registrant numbers within each age group and consider player ratings that foster competitive brackets.

Due Date

Task 6.3: Double partner pairings – Contractor will review partner pairings provided by the Client four-six weeks prior to the start of the first scheduled competition. Contractors will begin assigning competitions for bracketing.

Contractors are expected to be flexible prior to and during competition days to move pairings around as able due to withdrawals and no-shows ONLY. Individual requests will be determined on a case-by-case basis.

Contractor shall flexible prior to and during competitions to adjust pairings..

Due Date

Task 6.4: Virtual presentation – Contractor will provide a virtual presentation to all registered pickleball athletes and coaches of the tournament format four to six weeks prior to the start of the competition. Contractor will also provide a sharable one-page format factsheet. Client will assist with the setup of this presentation.

Due Date

Task 6.5: Competencies and Preparedness – Contractor will have at minimum, two virtual meetings with the COR, NVGAG Officials and host city’s Medical Center’s local competition manager(s) to discuss tournament format. Contractors may be asked to participate in training geared towards understanding the Veteran participants. Prior and during the event Contractor will review provided NVGAG emergency operation plans and join specified NVGAG communication applications to stay informed of event information.

Due Date

Task 6.6: Competition Supplies – Contractor will provide wrist bands for double pairings as an identifier of their assigned competition brackets. There will be a provided poster that signifies the meaning of the different color wristbands.

Due Date

Task 6.7: Competition Results – After each competition, Contractor should validate the results for accuracy prior to medals being distributed. There should be a document shown of the validation. After validation, Contractor should sign and then communicate with assigned NVGAG officials to begin medal presentation. The results along with signed validation should be scanned/saved as a pdf after each competition. Contractor should also document the number of athletes competing in each competition and how length of time it takes to complete each competition. This should be uploaded with the results validation.

Due Date

7.0 Type of Contract: Firm Fixed-Price contract.

8.0 General Requirements:

a. The Contractor agrees to procure and maintain insurance, while the contract is in effect, Workers Compensation and Employee’s Public Liability Insurance in accordance with Federal and State of Florida laws.

b. The Government shall be held harmless against any or all loss, cost, damage, claim expense or liability whatsoever, because of accident or injury to persons or property of others occurring in the performance of this contract.

c. The Contractor shall be responsible for all damage to property, which may be done by him, or any employee engaged in the performance of this contract.

d. The COR shall require the Contractor to furnish certification from his/her insurance company indicating that the coverage specified by FAR 52.228-5 and per FAR Subpart 28.307-2 has been obtained and that it may not be changed or canceled without guaranteed thirty (30) days’ notice to the Contracting Officer.

e. Every task mentioned above, and their associated sub-tasks, shall be reflected in the technical quote and detailed work plan submitted to the Government.

f. All written deliverables shall be phrased in layperson language. Statistical and other technical terminology shall not be used without providing a glossary of terms.

9.0 Quality Control:

The Contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor’s quality control program is the means that the work complies with the requirement of the contract.

The Department of Veterans Affairs (VA)/COR may conduct random inspections of the bracketing software system by Contractor to ensure compliance with the VA requirements listed in this PWS.

10.0 Formal Acceptance or Rejection of Deliverables:

The Government will review within thirty days each deliverable and provide feedback/comments. The contractor shall have thirty business days to incorporate feedback/comments, make appropriate revisions, and return to the Government. The COR will review and determine final acceptance by the Government. The COR will notify the contractor of final acceptance within five business days.

11.0 Changes to the PWS:

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

12.0 Contracted Personnel Requirements:

a) The Contractor shall provide one (1) experienced Director, with at least two years or more facilitating Pickleball tournaments. The Contractor will also provide 2 or 3 Assistants to facilitate and oversee the tournament during the entire Event. The name of these people will be designated in writing within five calendar days after award contract. The Tournament Director and Assistants will be on-site at the designated location during event hours.

b) The Contractor shall not employ persons for work on this contract if such employee is identified to the contractor as a potential threat to the health, safety, security, general wellbeing or operational mission of the installation and its population.

c) Contractor personnel shall present a neat appearance and be easily recognized as contractor employees. This may be accomplished by wearing distinctive clothing bearing the name of the company.

d) Contractor personnel shall smoke only in designated areas.

e) Contractor personnel shall complete employee competency-based training.

f) Communicate consistently with assigned Golden Age Games officials throughout event, in reference to protests, bracketing issues, delays etc.

g) Contractor’s personnel must arrive promptly to event location to setup at least two hours prior to event start time.

h) The Contractor should always ensure safety of the athletes before and during competition (i.e. evaluating slick floors, removal of debris and/or particles on the court, cleaning water spills).

i) Contractor should ensure provided wayfinding signage flows with the event setup and process.

j) Review tournament format with all participants onsite daily before the start of competitions.

k) Ensure all equipment is accounted for and packed up at the conclusion of the competitions each day.

l) Provide clear and consistent communication with athletes, staff, and volunteers.

m) Ensure that medical is available before competition starts.

13.0 Security Requirements:

The contractor, their personnel, and their subcontractors shall be subject to the Federal laws, regulations, standards, and VA Directives and Handbooks regarding information and information system security as delineated in this contract.

ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

VA INFORMATION CUSTODIAL LANGUAGE

a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1).

b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor’s information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA’s information is returned to the VA or destroyed in accordance with VA’s sanitization requirements. VA reserves the right to conduct on-site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.

c. Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.

d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and 3 VA Handbook 6500.6, Contract Security APPENDIX C policies in this contract.

e. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.

f. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

g. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.

h. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.

i. The contractor/subcontractor’s firewall and Web services security controls, if applicable, shall meet or exceed VA’s minimum requirements. VA Configuration Guidelines are available upon request.

j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA’s prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.

k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above-mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response. VA Handbook 6500.6, Contract Security APPENDIX C 12

l. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COTR.

TRAINING

a. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems:

1. Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA information and information systems;

2. Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training;

3. Successfully complete the appropriate VA privacy training and annually complete required privacy training; and

4. Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document – e.g., any role-based information security training required in accordance with NIST Special Publication 800-16, Information Technology Security Training Requirements.]

b. The contractor shall provide to the contracting officer and/or the COTR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.

c. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.

GENERAL INFORMATION

· INSURANCE: The government’s liability is governed by the Federal Tort Claims Act. Therefore, no proof of insurance is required.

B.3 PRICE/COST SCHEDULE

See Attachment A – Pricing Spreadsheet 36C10X26Q0052

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 FAR 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) C.2 FAR 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 (FEB 2024)

(a) Definition. Service-disabled veteran-owned small business (SDVOSB) concern means a small business concern— (1)(i) Not less than 51 percent of which is owned and controlled by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with…