36C24225Q0988_1.docx

36C24225Q0988

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

36C24225Q0988 08-22-2025 Sachuk-Thompson, Dolores 716-862-7461 x22383 09-05-2025

12:00 PM

EDT

Department of Veterans Affairs Network Contracting Office (NCO) 2 2875 Union Road Suite 3500 Cheektowaga NY 14227 X X 221310 $41 Million N/A X Department of Veterans Affairs Northport VA Medical Center 79 Middleville Road Northport NY 11768 Department of Veterans Affairs Network Contracting Office (NCO) 2 2875 Union Road Suite 3500 Cheektowaga NY 14227

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

See CONTINUATION Page This firm-fixed price requirement is for quarterly and annual preventative maintenance and emergency service on five (5) Wells Houses (wells, pumps, piping, controls and aux. equipment) and air stripper water treatment system 24/7. Emergency response is within two (2) hours. See Statement of Work (SOW) for further information.

This solicitation is set-aside for Small Business. Any requests for information (RFI) must be submitted in writing by August 28, 2025 at 12:00 PM. Quotes are due by the time in box 8 to Dolores.Sachuk-Thompson@va.gov.

Please follow all instructions in section 52.212-1 - Instructions to Offerors and provide all requirements by the close of solicitation to be considered.

A site visit will not be conducted for this requirement.

See CONTINUATION Page X X X one Dolores Sachuk-Thompson Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C242 Dolores Sachuk-Thompson Department of Veterans Affairs Network Contracting Office (NCO) 2 2875 Union Road Suite 3500 Cheektowaga NY 14227

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

3. INVOICES: Invoices shall be submitted in arrears:

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

https://www.tungsten-network.com/customer-campaigns/veteransaffairs/ ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 STATEMENT OF WORK

I. BACKGROUND

The Department of Veterans Affairs, Northport VA Medical Center, Plumbing Shop, 79 Middleville Road, Northport, NY 11768, is currently seeking a certified vendor to provide continuous underground well water supply system maintenance, testing, management, certification, and emergency response. The contractor shall collaborate with the Northport VA Engineering Service, Water Operators and other VA partners to create, implement, and execute a comprehensive well water system maintenance, repair and management plan.

The objective of the maintenance management plan is to prevent unplanned corrective maintenance, increase reliability of system electrical and mechanical components, increase life expectancy, minimize service interruptions and downtime, increase system performance, minimize minor repairs, detect and prevent potential system failures, optimize system operators’ time through planning and scheduling, and formulate accurate record keeping system of maintenance work performed.

Title 10 NYCRR Part 5 Section 5 - Operation of a public water system requires that the Northport VAMC operates and maintain the public water system in such a manner to prevent disruption of water service of four (4) hours or more, determined by the State to present an existing or imminent condition which can be responsible for or cause illness, injury or death and for which immediate corrective or remedial action is required.

II. SCOPE OF SERVICES

The Contactor shall supply all supervision, labor, supplies, materials, equipment, tools, and incidentals to complete the work described below to prevent significant deficiency in a system's operation, maintenance, failure, malfunction of its source, treatment, storage, or distribution, that causes or is reasonably expected to cause the introduction of contamination into water delivered to consumers.

All Operators who perform; testing, certification, maintenance on or modification of existing system shall have valid NYS Grade IIB Water Operator Certification as required by the Subpart 5-4 of the New York State Sanitary Code and all Operator Assistants shall have a valid NYS minimum Grade D Water Operator or higher certification as required by Title 10 NYCRR Part 5 Section 5-4.2 - Certification required.

The Contractor shall provide all supervision, labor, supplies, materials, equipment, tools, and incidentals for bi-monthly, quarterly and yearly preventive maintenance (PM) and any emergency repair request related to five (5) Well Houses; wells, pumps, piping, controls, and auxiliary equipment, booster pumps, two (2) air stripping towers, and water treatment system on a twenty-four (24) hour, seven (7) days per week basis. The emergency service will include Federal holidays with a maximum of two (2) hour response time.

A. The quarterly preventive maintenance should include as a minimum the following:

a. Maintenance and inspection of five (5) wells & all pumps (including two (2) submersible type and three (3) vertical turbine type well pumps), all booster pumps, and air strippers. One (1) of the inspection visits shall include lubrication services on all motors. Only lubricants with a label indicating compliance as USDA, USFDA, or NSF approved food contact grade formulations shall be used as submersible pump motor and vertical turbine shaft lubricants.

b. Oil Testing

c. Vibration Testing: services shall include single point tests conducted measuring all data and vibration levels, while operating under normal conditions. Current data shall be compared to previously recorded data and analysis of data shall be provided within 72 hours of completion of testing. This Contractor Periodic Maintenance Report Form shall indicate which unit was tested and specific written findings of any unusual conditions found.

d. Check controls and pressure gauges

e. Inspection of booster pump stations: service shall include checking the condition of the pumps (vibration, heat, seal, etc.) and controls to ensure that all booster pumps are operating properly. The Contractor shall check to insure pump operating times are equalized (i.e., that the pumps automatically switch over). If this is done manually, then make the appropriate switch-over. Check and record meter readings and pressure gauge readings on suction and discharge sides of pumps on a booster pump log card to be provided to the Contracting Officer Representative (COR) within 72 hours of completion of the inspection in a digital pdf/Excel file.

B. The yearly preventive maintenance should include as a minimum the following:

a. Well Service

b. Well Pump Service

c. Pump oil change

C. Corrective maintenance:

a. Pumps and wells inspection, evaluation, and written recommendation, in the event of a failure, including additional performance testing and report of findings.

b. Unplanned work required for repairs and replacements as system component failures occur and emergency conditions arise.

D. Continuous maintenance (every two weeks, as noted):

a. Chlorine pumps: check oil and change as necessary; rotate every two (2) weeks.

b. Chlorination motors: check belts and replace as needed.

c. Lime mixers: check for proper operation and rotate every two (2) weeks.

d. Blowers: check and change filters as needed; lubricate bearings as needed and rotate every two (2) weeks.

e. Lime slurry metering pump: check oil level and change as necessary.

f. Booster pumps: check for proper operation, lubricate as necessary; adjust and replace packing as needed.

g. Booster pump motors: check oil level and change as needed; lubricate as needed

h. Visually inspect air striping towers and report any deficiencies.

E. Perform annual tank evaluations of the sanitary conditions of two (2) water storage facilities located at Northport VAMC. An Engineer's Report shall be issued concerning the condition of each tank's roof vents, overflow pipe and air gap, alignment of cathodic protection roof handhole covers, the adequacy of locks on the vandal guard and roof manholes. The comprehensive report shall consist of detailed observations describing what the technician or engineer observed, any recommendations for remediation and shall include 15 -25 color photographs to document those observations. Two (2) copies of the report shall be provided to the COR within 72 hours of completion.

F. One (1) annual inspection, as described above with lubrication services, shall be provided on electric motors and gear drives. Major electrical equipment shall also be inspected and maintained by a qualified NYS Licensed and experienced Electrician, in accordance with the manufacturer’s recommendations.

a. Electrical wiring and controls must also be inspected on a monthly basis and maintained in good working order by a NYS Licensed Electrical Engineer(s) and/or Electrician(s).

b. At a minimum: Wired controls between the boiler plant, water treatment plant, and the air stripping tower blowers, and water well pumps shall be inspected, maintained, and repaired on as needed basis. Failed wired interlocks between air stripper blowers and well pump controls will be upgraded and/or replaced as needed.

G. Supplies, materials, equipment, tools, and incidentals.

The Contractor will keep sufficient types and quantities of materials and stock on hand to ensure practical, economical and continuous service. This includes an inventory of spare and repair parts and equipment. Seldom-used materials needed to safeguard health, ensure uninterrupted operation of installation facilities, or prevent destruction of property are classed as standby items. Typical examples are; chlorinator parts, such as a spare flowmeter, auxiliary chlorine valves, and cylinder connections.

Possible required services, parts, equipment, and labor for maintenance, operations, and repair services include but not limited to:

MRO / Integrated Supply (Maintenance, Repair, and Operations) Air, Hand, and Machine Tools, Hardware, Filters, Storage Materials, Safety Supplies, Fire Protection, Medical Equipment, Bearings, Bushings, Wheels and Gears, Gaskets, Seals, and Packing.

Instrumentation and Controls Pressure Gauges, Regulators, Sensors, Transmitters, Digital Controls (DCS and SCADA), Control Valves, Analyzers/ Monitors, Pressure Safety Valves, Instrument Spare Parts.

Rotating Equipment and Spare Parts Air Compressors and Parts, Pumps, Parts, Accessories, Engineered Diesel and Nat Gas Engines, Electric Generators, Process Fans, Rotating Equipment Spare Parts.

Underground Infrastructure Pipe, Flanges and Fittings, Valves, Valve Parts and Accessories.

Electrical Components, Accessories and Supplies Instruments, Electrical Wire and Cable, Lamps, Light bulbs, and Components, Switch Gear Systems, Power Supply Transformers, Electric Motors, Switches, Relays.

H. Emergency Response Services.

Emergency repair services are defined as repairs required to maintain the operational readiness of the potable water system at the Northport VA Medical Center. This contract shall provide some emergency labor hours; to include travel, to determine the size and scope of the repair needed. Additional hours and parts shall require a funded contract modification by the CO, prior to commencing more extensive repairs. Response time is within two (2) hours of call from the facility. Emergency repairs may be conducted outside of normal business hours. The contractor shall be responsible for obtaining approval from the COR prior to accessing the worksite and coordinating any shutdowns to perform repairs. The VA may

Vendor must be able to respond within two (2) hours and it is estimated the vendor should be within a 40-mile radius of the medical center due to the traffic situation within the area. Also, the contractor must be able to perform all services on Well Pumps, including Air Stripper System and their related controls within two (2) hours of notification from Northport VA Medical Center to meet this response time.

III. CONTRACTOR CONFINED SPACE ENTRY REQUIREMENTS

a. Contractor shall be informed by the COR, if the workplace is a permit-required or non-permit required confined space and if that confined space entry is allowed only through compliance with a permit space program meeting the requirements of Medical Center’s SOP 138-25 Permit Required Confined Space Entry Program.

Contractor shall be aware of the elements including the hazards identified by the Medical Center’s Permit Required Confined Space Entry Program and spaces which require a confined space permit for entry.

b. The COR shall advise the Contractor of any precautions or procedures that the Medical Center has implemented for the protection of employees in or near permit space where contractor personnel shall be working.

c. The COR shall advise the Contractor of how to fill out the required forms and gain the necessary Confined Space Entry Permits from the Fire Department and be responsible for the Contractor following the requirements of SOP 138-25 Permit Required Confined Space Entry Program.

d. The COR and Contractor shall coordinate entry operations when both Medical Center personnel and Contractor personnel shall be working near permit spaces as required by 29 CFR 1910.146(d)(11) and 1926.21(b)(6).

e. The Contractor shall obtain any available information regarding permit space hazards and entry operation from the COR.

f. At the conclusion of the entry operations, the COR and Contractor shall discuss any hazards confronted or created in permit spaces and document those findings in a service report to the COR within 72 hours of completion.

g. The contractor is responsible for complying with SOP 138-25 Permit Required Confined Space Entry Program, 29 CFR 1910.146(d) through (g) and 1926.21(b)(6). The Medical Center shall provide rescue and emergency services required by 29 CFR 1910.146(k) and 1926.21(b)(6).

h. Contractor shall submit proof of training required under 29 CFR 1910.146(g) with quote submission and at the request of the COR prior to any work in confined spaces..

i. Contractor shall work with the COR and VA Fire Department to address any additional issues.

IV. FREQUENCY OF SERVICE

Services shall commence within 10 days of contract award.

V. OTHER REQUIRMENTS

a. Experienced Contractor regularly engaged in the maintenance and operation of underground public supply well water supply systems.

b. Provide minimum two (2) NYS Licensed Grade IIB Water Operators.

c. Provide one (1) NYS Grade D Water Operator

d. Provide one (1) NYS State Licensed Electrical Engineer or one (1) NYS State Licensed Electrician.

e. Training in 29 CFR 1910.146 (d-g).

VI. BUSINESS HOURS:

All services will be performed during normal business hours and coordinated beforehand with the COR to minimize disruptions to the facility.

Regular maintenance hours shall be Monday to Friday from 08:00 AM EST to 4:30 PM EST excluding the following Federal Holidays:

· New Year’s Day

· Martin Luther King’s Birthday

· President’s Day

· Memorial Day

· Juneteenth

· Independence Day

· Labor Day

· Columbus Day

· Veterans Day

· Thanksgiving Day

· Christmas Day

VII. PERIOD OF PERFORMANCE

The base period of performance will be one (1) year from the date of the award with provision of four (4) Option Years.

ATTACHMENT A: WELL PUMPS/MOTORS EQUIPMENT LIST, DRAWINGS, AND SPECIFICATIONS

ATTACHMENT B: BOOSTER PUMP EQUIPMENT LIST, DRAWINGS, AND SPECIFICATIONS ATTACHMENT C: INVENTORY LIST, SPECIFICATIONS OF VALVES, AIR STRIPPING TOWER COMPONENTS ATTACHMENT D: WATER TREATMENT/DISINFECTION COMPONENTS DRAWINGS, SPECIFICATIONS, AND INVENTORY ATTACHMENT E: ELECTRICAL SYSTEM, INTERLOCKS, AND CONTROLS DRAWINGS, SPECIFICATIONS, INVENTORY LIST ATTACHMENT F: ONE-LINE DOMESTIC WATERLINE DRAWINGS AND SCHEMATIC REPRESENTATION OF THE CAMPUS WATER SUPPLY SYSTEM

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Bi-monthly (continuous) maintenance of the pumps and motors of the well water supply at the Northport VAMC. See SOW II C for specifics. (Every two-weeks or 26 visits/year) Contract Period: Base POP Begin: 09-15-2025 POP End: 09-14-2026 PRINCIPAL NAICS CODE: 221310 - Water Supply and Irrigation Systems PRODUCT/SERVICE CODE: Z1NE - Maintenance of Water Supply Facilities

Quarterly preventive maintenance on the five (5) wells & all pumps at the Northport VAMC. See SOW Section II A for specifics.

POP Begin: 09-15-2025 POP End: 09-14-2026

Annual preventive maintenance - well service, well pump service and pump oil change at the Northport VAMC.

POP Begin: 09-15-2025 POP End: 09-14-2026

Emergency Labor Hours

POP Begin: 09-15-2025 POP End: 09-14-2026

Additional Repair Labor Hours - Requires a contract modification PRIOR to use.

POP Begin: 09-15-2025 POP End: 09-14-2026

As needed unknown part(s) to complete repair. Requires a contract modification PRIOR to use.

POP Begin: 09-15-2025 POP End: 09-14-2026

Bi-monthly (continuous) maintenance of the pumps and motors of the well water supply at the Northport VAMC. See SOW II C for specifics. (Every two-weeks or 26 visits/year) Contract Period: Option 1 POP Begin: 09-15-2026 POP End: 09-14-2027

Quarterly preventive maintenance on the five (5) wells & all pumps at the Northport VAMC. See SOW Section II A for specifics.

POP Begin: 09-15-2026 POP End: 09-14-2027

Annual preventive maintenance - well service, well pump service and pump oil change at the Northport VAMC.

POP Begin: 09-15-2026 POP End: 09-14-2027

Emergency Labor Hours

POP Begin: 09-15-2026 POP End: 09-14-2027

Additional Repair Labor Hours - Requires a contract modification PRIOR to use.

POP Begin: 09-15-2026 POP End: 09-14-2027

As needed unknown part(s) to complete repair. Requires a contract modification PRIOR to use.

POP Begin: 09-15-2026 POP End: 09-14-2027

Bi-monthly (continuous) maintenance or the pumps and motors of the well water supply at the Northport VAMC. See SOW II C for specifics. (Every two-weeks or 26 visits/year) Contract Period: Option 2 POP Begin: 09-15-2027 POP End: 09-14-2028

Quarterly preventive maintenance on the five (5) wells & all pumps at the Northport VAMC. See SOW Section II A for specifics.

POP Begin: 09-15-2027 POP End: 09-14-2028

Annual preventive maintenance - well service, well pump service and pump oil change at the Northport VAMC.

POP Begin: 09-15-2027 POP End: 09-14-2028

Emergency Labor Hours

POP Begin: 09-15-2027 POP End: 09-14-2028

Additional Repair Labor Hours - Requires a contract modification PRIOR to use.

POP Begin: 09-15-2027 POP End: 09-14-2028

As needed unknown part(s) to complete repair. Requires a contract modification PRIOR to use.

POP Begin: 09-15-2027 POP End: 09-14-2028

Bi-monthly (continuous) maintenance or the pumps and motors of the well water supply at the Northport VAMC. See SOW II C for specifics. (Every two-weeks or 26 visits/year) Contract Period: Option 3 POP Begin: 09-15-2028 POP End: 09-14-2029

Quarterly preventive maintenance on the five (5) wells & all pumps at the Northport VAMC. See SOW Section II A for specifics.

POP Begin: 09-15-2028 POP End: 09-14-2029

Annual preventive maintenance - well service, well pump service and pump oil change at the Northport VAMC.

POP Begin: 09-15-2028 POP End: 09-14-2029

Emergency Labor Hours

POP Begin: 09-15-2028 POP End: 09-14-2029

Additional Repair Labor Hours - Requires a contract modification PRIOR to use.

POP Begin: 09-15-2028 POP End: 09-14-2029

As needed unknown part(s) to complete repair. Requires a contract modification PRIOR to use.

POP Begin: 09-15-2028 POP End: 09-14-2029

Bi-monthly (continuous) maintenance or the pumps and motors of the well water supply at the Northport VAMC. See SOW II C for specifics. (Every two-weeks or 26 visits/year) Contract Period: Option 4 POP Begin: 09-15-2029 POP End: 09-14-2030

Quarterly preventive maintenance on the five (5) wells & all pumps at the Northport VAMC. See SOW Section II A for specifics.

POP Begin: 09-15-2029 POP End: 09-14-2030

Annual preventive maintenance - well service, well pump service and pump oil change at the Northport VAMC.

POP Begin: 09-15-2029 POP End: 09-14-2030

Emergency Labor Hours

POP Begin: 09-15-2029 POP End: 09-14-2030

Additional Repair Labor Hours - Requires a contract modification PRIOR to use.

POP Begin: 09-15-2029 POP End: 09-14-2030

As needed unknown part(s) to complete repair. Requires a contract modification PRIOR to use.

POP Begin: 09-15-2029 POP End: 09-14-2030

GRAND TOTAL

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

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

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

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

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

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

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

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

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

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

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

(End of Clause)

C.3 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

(End of Clause) C.4 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984) The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation on the Government installation. If the Contractor's failure to use reasonable care causes damage to any of this property, the Contractor shall replace or repair the damage at no expense to the Government as the Contracting Officer directs. If the Contractor fails or refuses to make such repair or replacement, the Contractor shall be liable for the cost, which may be deducted from the contract price.

(End of Clause)

C.5 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):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Clause)

C.6 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

The Contracting Officer reserves the right to designate an Administrative Contracting Officer (ACO) for the purpose of performing certain tasks/duties in the administration of the contract. Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

(End of Clause) (End of Addendum to 52.212-4)

C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2025) (DEVIATION FEB 2025)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

[] (3) 52.203–15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.203–17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

[X] (5) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (6) [Reserved] [] (7) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (8) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (9) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117–328).

[] (10) 52.204–28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115–390, title II).

[] (11)(i) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (DEC 2023) (Pub. L. 115–390, title II).

[] (ii) Alternate I (DEC 2023) of 52.204–30.

[X] (12) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (JAN 2025) (31 U.S.C. 6101 note).

[] (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

[] (14) [Reserved] [] (15) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

[] (16) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (17) [Reserved] [X] (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-6.

[] (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-7.

[] (20) 52.219-8, Utilization of Small Business Concerns (JAN 2025) (15 U.S.C. 637(d)(2) and (3)).

[] (21)(i) 52.219–9, Small Business Subcontracting Plan (JAN 2025) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (JAN 2025) of 52.219–9.

[] (v) Alternate IV (JAN 2025) of 52.219–9.

[] (22)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[] (ii) Alternate I (MAR 2020) of 52.219-13.

[] (23) 52.219–14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

[] (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

[] (25) 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) (15 U.S.C. 657f).

[X] (26) (i) 52.219-28, Postaward Small Business Program Rerepresentation (JAN 2025) (15 U.S.C. 632(a)(2)).

[] (ii) Alternate I (MAR 2020) of 52.219–28.

[] (27) 52.219–29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

[] (28) 52.219–30, Notice of Set-Aside for, or Sole-Source Award…