Combined Synopsis/Solicitation Notice

*= Required Field Combined Synopsis/Solicitation Notice

SUBJECT* FY26 SERVICE - Backflow Preventers PM and Annual Testing (B+4) - Northport

VAMC

GENERAL INFORMATION

CONTRACTING OFFICE’S ZIP CODE* 14810

SOLICITATION NUMBER* 36C24226Q0397

RESPONSE DATE/TIME/ZONE 04-16-2026 15:00 EASTERN TIME, NEW YORK,

USA

ARCHIVE 90 DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS N

SET-ASIDE SBA

PRODUCT SERVICE CODE* J045

NAICS CODE* 238220

CONTRACTING OFFICE ADDRESS Network Contracting Office 2

Department of Veterans Affairs Bath VA Medical Center 76 Veterans Avenue Bath NY 14810

POINT OF CONTACT*

Contract Specialist Julie Monagan Barnard julie.monaganbarnard@va.gov

PLACE OF PERFORMANCE

ADDRESS

VA Northport Health Care Northport VA Medical Center 79 Middleville Road, Building 200 Northport NY

POSTAL CODE 11768-2200

COUNTRY USA

ADDITIONAL INFORMATION

AGENCY’S URL https://www.va.gov URL DESCRIPTION Department of Veterans Affairs AGENCY CONTACT’S EMAIL ADDRESS julie.monaganbarnard@va.gov EMAIL DESCRIPTION Contract Specialist

DESCRIPTION

This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with RFO FAR part 12. This announcement constitutes the only solicitation. Offers are being requested and a separate written solicitation will not be issued.

Solicitation number 36C24226Q0397 is issued as a request for quotation (RFQ) for Backflow Preventer Preventive Maintenance (PM) and Testing for the Northport VA Medical Center in Northport, NY.

This acquisition is set aside for small business concerns. This solicitation incorporates provisions and clauses by reference. The full text of provisions and clauses may be accessed electronically at www.acquisition.gov.

Please reference the attached solicitation for the detailed Statement of Work (SOW) and instructions to offerors.

A site visit will not be scheduled.

Any questions regarding this solicitation must be submitted to Julie.monaganbarnard@va.gov no later than April 8, 2026, at 3:00 pm EST. An amendment with the questions and answers will then be posted on SAM.gov no later than on April 9, 2026, by Close of Business (COB).

The offer submission due date and time is April 16, 2026, at 3:00 pm EST. Official quotes must be submitted electronically to Julie.monaganbarnard@va.gov.

http://www.acquisition.gov/ mailto:Julie.monaganbarnard@va.gov mailto:Julie.monaganbarnard@va.gov

36C24226Q0397

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

C.2 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 28

C.3 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 28

C.4 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (SEP 2023)

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

SERVICES (NOV 2021)

E.3 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (NOV 2025)

(DEVIATION)

E.4 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS

AND CERTIFICATIONS (NOV 2025) (DEVIATION)

E.5 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED

BY REFERENCE (JAN 2008)

E.6 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C242 Nathan Northrup Network Contracting Office 2 Department of Veterans Affairs Bath VA Medical Center 76 Veterans Avenue Bath NY 14810

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

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award

Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Annually, 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.

tungsten-network.com/customer-campaigns/veteransaffairs/

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

AMENDMENT NO DATE

B.2 STATEMENT OF WORK

(STATEMENT OF WORK (SOW)

Preventive Maintenance and Annual Testing of Backflow Preventers Northport VA Medical Center

Purpose

The purpose of this Statement of Work (SOW) is to define the requirements for preventive maintenance (PM), inspection, annual testing, documentation, repair, and replacement of backflow prevention devices at the Northport VA Medical Center (VAMC), Northport, New York, in compliance with all applicable federal, state, local, and Department of Veterans Affairs (VA) requirements.

Background

The Northport VAMC, located in Northport, New York, owns, operates, and maintains an on-site potable water supply and fire protection water system serving an approximately 268-acre campus. The potable water system is regulated as a public water supply under New York State Department of Health (NYSDOH) jurisdiction and is assigned Public Water Supply Identification Number 5111894. The system includes groundwater supply wells, air stripping towers, chemical disinfection systems, pH-adjustment systems, supply feed pumps, a water storage tower, and potable water and fire suppression distribution piping.

In accordance with the New York State Cross Connection Control (CCC) Program and Suffolk County Department of Health Services (SCDHS) requirements, Northport VAMC maintains backflow prevention devices to protect the potable water supply from actual or potential cross connections. The system currently includes forty-five (45) Reduced Pressure Zone (RPZ) backflow prevention assemblies and one

(1) process backflow prevention device. Please refer to Attachment A for a current list of RPZs devices installed at the Northport VA Medical Center. These devices are installed at service connections to buildings, equipment, and systems that present a potential backflow hazard.

RPZ backflow prevention assemblies are approved cross connection control devices designed to prevent the backflow of contaminated or non-potable water into the potable water distribution system due to backpressure or back siphonage conditions. Such conditions may occur as a result of pressure differentials within the water supply system, equipment operation, or emergency events. Proper inspection, testing, maintenance, and documentation of these devices are required to ensure continued protection of the potable water supply and compliance with regulatory requirements. For the purposes of this SOW, the term “RPZ” shall include RPZ assemblies and any other backflow prevention devices designated by VAMC to be included within the scope of services.

The NYSDOH and SCDHS Cross Connection Control Programs require that all backflow prevention devices be inspected, tested, and documented at least once every twelve (12) months by a NYS-certified backflow prevention device tester, and that devices found to be deficient be repaired or replaced in a timely manner. The most recent comprehensive testing of RPZ devices at Northport VAMC was conducted in December 2024.

Annual inspection, testing, and maintenance of backflow prevention devices are also required to support compliance with Veterans Health Administration (VHA) Directive 1061, which governs potable water safety and management, and The Joint Commission Environment of Care Standard EC.02.05.02, which requires healthcare facilities to manage risks associated with utility systems through inspection, testing, maintenance, and documentation.

The intent of this contract is for the Contractor to provide a proactive, preventive maintenance and testing program consistent with NYSDOH and SCDHS Cross Connection Control Program requirements, applicable VHA directives, and accreditation standards. The Contractor shall support VAMC in maintaining regulatory compliance, protecting potable water quality, and ensuring continuity of safe healthcare operations through accurate testing, documentation, and corrective actions as required.

Scope of Services

The Contractor shall provide all labor, supervision, certified personnel, tools, equipment, materials, and documentation necessary to perform inspection, testing, preventive maintenance, repair, and replacement of backflow prevention assemblies in support of the Northport VA Medical Center (VAMC) Cross Connection Control (CCC) Program.

The scope of work includes all RPZ backflow prevention assemblies and backflow prevention devices designated by the Northport VA Medical Center that are installed at cross connections to the potable water distribution system. The current inventory as stated above, consists of forty-five (45) RPZ assemblies and one (1) process backflow prevention device. The contractor must field-verify the location, manufacturer type, make, model, size, and serial number of the RPZ on the date of the inspection.

The Contractor shall perform initial inspection and annual testing of all RPZ assemblies and designated backflow prevention devices within ten (10) calendar days of contract award. Thereafter, inspection and testing shall be performed annually within two (2) weeks of the contract award anniversary date. All inspection and testing activities shall be performed by a New York State–certified backflow prevention device tester in accordance with NYSDOH and Suffolk County Department of Health Services (SCDHS) Cross Connection Control Program requirements.

All test results shall be recorded on the current NYSDOH-approved backflow prevention device test report form (Form DOH-1013 or successor form). Completed test reports shall be submitted to the Plumbing Shop Supervisor or designee for review and signature. Following signature, the Contractor shall provide hard copy documentation and submit electronic PDF copies to the Plumbing Shop Supervisor and the Contracting Officer’s Representative (COR) within forty-eight (48) hours of testing, regardless of pass or fail status. Certification tags shall be affixed to each backflow prevention assembly tested, in accordance with CCC Program documentation requirements.

Backflow prevention assemblies that fail inspection or testing shall be reported immediately to the COR.

The Contractor shall submit a written corrective action proposal for repair or replacement within forty-eight (48) hours of identifying a failed assembly. During inspection and testing activities, the Contractor shall evaluate RPZ assemblies, isolation valves, and associated fittings for wear, deterioration, or failure and shall identify assemblies requiring rebuilding (including elastomer replacement) or full replacement.

The Contractor shall provide a written list of recommended corrective actions to the COR and Plumbing Shop Supervisor and shall participate in review meetings as requested. Upon VAMC authorization, the Contractor shall submit a firm fixed-price proposal with itemized labor and material costs (Please see “Unscheduled Maintenance Services” section below).

All RPZ rebuilding shall be performed using original equipment manufacturer (OEM)-approved rebuild kits. Documentation verifying the source of all rebuild kits shall be provided to VAMC. Substitution of materials or components is not permitted without prior written approval from the COR.

The Contractor shall coordinate in advance all work activities, including scheduling, system access, and potable water shutdowns with the COR. Work shall be performed in a manner that minimizes disruption to facility operations and patient care. Where necessary, work may be scheduled during nights or weekends with prior approval. Following any repair or replacement, the affected backflow prevention assembly shall be immediately retested by a New York State–certified tester in the presence of designated VAMC representatives.

Two RPZ assemblies are located in below-grade vaults designated by VAMC as permit-required confined spaces. The Contractor shall comply with the VAMC Confined Space Entry Program and shall submit a written confined space entry plan and employee certification documentation prior to entry. The Contractor shall notify the COR at least forty-eight (48) hours in advance of any confined space entry.

The COR will coordinate required support from the VAMC Fire Department.

All newly installed or repaired RPZ assemblies, isolation valves, or associated piping shall be hyper-chlorinated prior to placement into service and followed by system flushing in accordance with VAMC specifications and American Water Works Association (AWWA) Standard C651.

A current inventory of backflow prevention assemblies is provided in Attachment A. The Contractor shall update the inventory to reflect inspection results, repairs, replacements, serial numbers, locations, and CCC hazard notes. Updated inventories shall be submitted to VAMC at least twice per calendar year:

once following completion of the annual testing cycle and once following completion of all authorized corrective actions. The inventory shall be maintained as a continuous historical record to support NYSDOH, SCDHS, VHA Directive 1061, and Joint Commission compliance.

Performance Standards

Initial testing shall be completed within ten (10) calendar days of contract award. Annual testing shall occur within two (2) weeks of the contract anniversary date. All documentation shall be submitted within forty-eight (48) hours of testing.

Performance Metrics

The Contractor shall meet the following minimum performance standards. Failure to meet these metrics may result in corrective action or remedies per the contract.

Performance Area Metric Standard

Initial Testing Completion of initial RPZ testing 100% within 10 calendar days of award

Annual Testing Annual testing compliance 100% within 2 weeks of anniversary date

Documentation Timeliness

Submission of test reports ≤ 48 hours after testing

Failed Device Response Repair/replacement proposal ≤ 48 hours after failed test

Post-Repair Testing Retesting after repair Same day as repair completion

Inventory Accuracy RPZ inventory updates 100% accuracy; updated twice annually

Regulatory Compliance NYSDOH/SCDHS compliance Zero regulatory violations

Coordination Work scheduling and shutdown coordination

100% coordination with Plumbing Shop

Safety Compliance Confined space compliance 100% adherence; zero violations

Acceptance Criteria

All work performed shall be subject to inspection and acceptance by VAMC. Upon completion of inspection, testing, repair, or replacement activities, the Plumbing Shop Supervisor, or their designee, shall conduct a review of the work in the presence of the Contractor prior to the Contractor’s departure from the facility. This review shall verify that all work has been completed in accordance with the requirements of this Statement of Work, applicable Cross Connection Control (CCC) Program requirements, and VAMC standards.

Work shall be considered acceptable only after VAMC has verified that required testing has been completed, documentation has been submitted, certification tags have been affixed, and all work areas have been left in a safe and serviceable condition.

Work and deliverables shall be considered acceptable when:

1. All testing, repairs, and documentation comply with NYSDOH and SCDHS CCC requirements.

2. Performance metrics are met.

3. Deliverables are complete, accurate, and timely.

4. All work is inspected and accepted by the Plumbing Supervisor or COR.

5. No unapproved deviations or substitutions occur.

Deliverables

The Contractor shall provide the following contract deliverables:

Deliverable Frequency / Due Date Format Recipient

RPZ Test Reports (DOH-1013) Within 48 hours of testing PDF Plumbing Supervisor, COR

Certification Tags At time of testing Physical tag Installed on device

Failed Device Repair Proposal Within 48 hours of failure Written quote COR

Updated RPZ Inventory Twice annually Excel/PDF Plumbing Supervisor, COR

Confined Space Entry Plan ≥ 48 hours prior to entry Written plan COR

OEM Repair Documentation With repair submittal PDF COR

Annual Summary Report End of testing cycle PDF COR

Government Oversight

The Contracting Officer’s Representative (COR) and Plumbing Shop Supervisor reserve the right to:

• Witness testing and repairs

• Review documentation for completeness and accuracy

• Request corrective action Contractor Qualifications

The Contractor shall possess and maintain all licenses, certifications, and qualifications required by federal, state, and local authorities to perform backflow prevention device inspection, testing, maintenance, repair, and replacement work under this Statement of Work.

At a minimum, the Contractor and any personnel performing work shall hold a current New York State Backflow Prevention Device Tester Certification, a valid New York State Master Plumber License, and a Suffolk County Department of Consumer Affairs Backflow Prevention Certification. All certifications and licenses shall remain active and in good standing for the duration of the contract.

The Contractor shall submit copies of all required licenses and certifications for review and approval by the Northport VA Medical Center (VAMC) prior to contract award and prior to each annual testing cycle.

Failure to maintain required certifications or to provide documentation upon request may result in suspension of work until compliance is restored.

The Contractor shall maintain a New York State Backflow Prevention Certification, New York State Master Plumber License, and Suffolk County Consumer Affairs Backflow Prevention Certification

Unscheduled Maintenance Services

The Contractor may be required to perform unanticipated work necessary to maintain the integrity of the potable water system and ensure continued compliance with Cross Connection Control (CCC) Program requirements.

Unscheduled maintenance may include, but is not limited to, emergency repairs, excavation of curb stops or isolation valves, replacement of failed RPZ assemblies, isolation valves, or associated piping, and other plumbing work deemed necessary by the Northport VA Medical Center (VAMC) to restore system functionality or regulatory compliance.

All unscheduled maintenance work shall be performed only upon receipt of a fully executed supplemental contract modification signed by the warranted Contracting Office (CO.

Performance of unscheduled maintenance shall not relieve the Contractor of responsibility for completing all required inspection, testing, preventive maintenance, and corrective actions specified elsewhere in this Statement of Work.

Hours of Work

All services under this Statement of Work shall be performed during normal business hours unless alternate arrangements are coordinated in advance and approved by the Northport VA Medical Center (VAMC) Plumbing Shop Supervisor or the Contracting Officer’s Representative (COR) to minimize disruption to facility operations and patient care activities.

Normal business hours shall be Monday through Friday, 7:00 a.m. to 4:30 p.m. Eastern Standard Time (EST), excluding federal holidays.

Federal holidays observed by the federal government include:

• New Year’s Day

• Martin Luther King Jr. Day

• Washington’s Birthday (Presidents Day)

• Memorial Day

• Juneteenth National Independence Day

• Independence Day

• Labor Day

• Columbus Day

• Veterans Day

• Thanksgiving Day

• Christmas Day

In addition to the holidays listed above, any day designated by the President of the United States as a federal holiday shall be observed. Work performed outside normal business hours or on federal holidays shall require prior written approval from the Contracting Officer or the Contracting Officer’s Representative.

Period of Performance

One-year period of performance from the date of the contract award. Additional four (4) option years may be exercised by the Contracting Officer.

Place of Performance

The work shall be performed at the Northport VAMC:

Department of Veterans Affairs

Northport VA Medical Center

Plumbing Shop

79 Middleville Road.

Northport, NY 11768

Information Security Privacy

1. 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).

2. The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The Contractor/subcontractor shall immediately notify the COR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the Contractor/subcontractor has access.

3. The C&A requirements do not apply, and a Security Accreditation Package is not required.

4. VA Privacy Training for Personnel without Access to VA Computer Systems or Direct Access to or the Use of VA Sensitive Information

The Department of Veterans Affairs (VA) must comply with all applicable privacy and confidentiality statutes and regulations. One of the requirements in VA is to have all personnel trained annually on privacy requirements. “Privacy” represents what must be protected by VA in the collection, use, and disclosure of personal information whether the medium is electronic, paper or verbal.

This document (20939 training) satisfies the “basic” privacy training requirement for a contractor, volunteer, or other personnel only if the individual does not use VA sensitive information or protected health information (PHI) in any form such as electronic or paper or have access to any VA computer system.

The Contracting Officer Representative (COR/Project Manager) is responsible for obtaining this training from the contractor and to maintain according to the Records Control Schedule (RCS 10-1).

Attachments

Attachment A: RPZ Inventory-Northport VA Medical Center

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

As prescribed in 12.205(b)(3), insert the following clause:

TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION DATE)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

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

Government must exercise its post acceptance rights—

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

and

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

(c) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act

(31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. Examples of occurrences include acts of God or the public enemy, acts of the

Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall—

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31

U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

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

(i) Payment—

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

(2) Prompt payment. The Government will make payment in accordance with the Prompt

Payment Act ( 31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

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

(4) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall— http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim

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

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

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

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

(D) Contractor point of contact; and

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

(5) Interest.

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

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

(iii) Final decisions. The Contracting Officer will issue a final decision as required by FAR part 33 if–

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

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

(C) The Contractor requests a deferment of collection on a debt previously demanded by the

Contracting Officer (see FAR part 32).

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

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

(A) The date fixed under this contract.

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

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

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

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

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

(vii) The interest charge made under this clause may be reduced under the procedures for interest credits prescribed in FAR part 32 in effect on the date of this contract.

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

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

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

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

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the

Contractor shall immediately stop all work and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the

Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. The Government will send a cure notice to the

Contractor, unless the reason for the termination is late delivery. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

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

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

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

(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31

U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter

87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter

21 relating to procurement integrity.

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

(1) The schedule of supplies/services;

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

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract;

(5) Solicitation provisions incorporated in the solicitation;

(6) Other paragraphs of this clause;

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s) Unauthorized obligations.

(1) Except as stated in paragraph (s)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service

(TOS), or similar legal instrument or agreement, that includes any clause requiring the

Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

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

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

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

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

(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This clause does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

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

(End of clause)

Alternate I (DEVIATION DATE). When contemplating a time-and-materials or labor-hour contract, substitute the following paragraphs (a), (b), (i), (l), and (m) for those in the basic clause.

(a) The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference. As used in this clause—

Direct materials means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service.

Hourly rate means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualifications of a labor category specified in the contract that are—

(1) Performed by the contractor;

(2) Performed by the subcontractors; or

(3) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control.

Materials means—

(1) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the contractor under a common control;

(2) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract;

(3) Other direct costs (e.g., incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.);

(4) The following subcontracts for services which are specifically excluded from the hourly rate: [Insert any subcontracts for services to be excluded from the hourly rates prescribed in the schedule.]; and

(5) Indirect costs specifically provided for in this clause.

Subcontract means any contract, as defined in FAR 2.101, entered into with a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract including transfers between divisions, subsidiaries, or affiliates of a contractor or subcontractor. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.

(b) Inspection/Acceptance.

(1) The Government has the right to inspect and test all materials furnished and services performed under this contract at all places and times before acceptance. The Government will perform inspections and tests in a manner that will not unduly delay the work.

(2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

(3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier.

(4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (b)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the “hourly rate” for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the “hourly rate” attributable to profit shall be 10 percent. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken. [Insert portion of labor rate attributable to profit.]

(5)(i) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may—

(A) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or

(B) Terminate this contract for cause.

(ii) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute under the Disputes clause of the contract.

(6) Notwithstanding paragraphs (b)(4) and (5) of this clause, the Government may, at any time, require the Contractor to remedy by correction or replacement, without cost to the

Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to—

(i) Fraud, lack of good faith, or willful misconduct on the part of the Contractor’s managerial personnel; or

(ii) The conduct of one or more of the Contractor’s employees selected or retained by the Contractor after any of the Contractor’s managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.

(7) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract.

(8) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract.

(9) Unless otherwise specified in the contract, the Contractor’s obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to

Government property.

(i) Payments.

(1) Work performed. The Government will pay the Contractor as follows upon the submission of commercial invoices approved by the Contracting Officer:

(i) Hourly rate.

(A) The amounts shall be computed by multiplying the appropriate hourly rates prescribed in the contract by the number of direct labor hours performed. Fractional parts of an hour shall be payable on a prorated basis.

(B) The rates shall be paid for all labor performed on the contract that meets the labor qualifications specified in the contract. Labor hours incurred to perform tasks for which labor qualifications were specified in the contract will not be paid to the extent the work is performed by individuals that do not meet the qualifications specified in the contract, unless specifically authorized by the Contracting Officer.

(C) Invoices may be submitted once each month (or at more frequent intervals, if approved by the Contracting Officer) to the Contracting Officer or the authorized representative.

(D) When requested by the Contracting Officer or the authorized representative, the Contractor shall substantiate invoices (including any subcontractor hours reimbursed at the hourly rate in the schedule) by evidence of actual payment, individual daily job timecards, records that verify the employees meet the qualifications for the labor categories specified in the contract, or other substantiation specified in the contract.

(E) Unless the Schedule prescribes otherwise, the hourly rates in the Schedule shall not be varied by virtue of the Contractor having performed work on an overtime basis.

(1) If no overtime rates are provided in the Schedule and the Contracting

Officer approves overtime work in advance, overtime rates shall be negotiated.

(2) Failure to agree upon these overtime rates shall be treated as a dispute under the Disputes clause of this contract.

(3) If the Schedule provides rates for overtime, the premium portion of those rates will be reimbursable only to the extent the overtime is approved by the Contracting

Officer.

(ii) Materials.

(A) If the Contractor furnishes materials that meet the definition of a commercial product at FAR 2.101, the price to be paid for such materials shall not exceed the Contractor’s established catalog or market price, adjusted to reflect the—

(1) Quantities being acquired; and

(2) Any modifications necessary because of contract requirements.

(B) Except as provided for in paragraph (i)(1)(ii)(A) and (D)(2) of this clause, the

Government will reimburse the Contractor the actual cost of materials (less any rebates, refunds, or discounts received by the contractor that are identifiable to the contract) provided the Contractor—

(1) Has made payments for materials in accordance with the terms and conditions of the agreement or invoice; or

(2) Makes these payments within 30 days of the submission of the

Contractor’s payment request to the Government and such payment is in accordance with the terms and conditions of the agreement or invoice.

(C) To the extent able, the Contractor shall—

(1) Obtain materials at the most advantageous prices available with due regard to securing prompt delivery of satisfactory materials; and

(2) Give credit to the Government for cash and trade discounts, rebates, scrap, commissions, and other amounts that are identifiable to the contract.

(D) Unless listed below, other direct and indirect costs will not be reimbursed.

(1) Other direct costs. The Government will reimburse the Contractor on the basis of actual cost for the following, provided such costs comply with the requirements in paragraph (i)(1)(ii)(B) of this clause: [Insert each element of other direct costs (e.g., travel, computer usage charges, etc. Insert “None” if no reimbursement for other direct costs will be provided. If this is an indefinite delivery contract, the Contracting Officer may insert “Each order must list separately the elements of other direct charge(s) for that order or, if no reimbursement for other direct costs will be provided, insert ‘None’”.]

(2) Indirect costs (material handling, subcontract administration, etc.). The

Government will reimburse the Contractor for indirect costs on a pro-rata basis over the period of contract performance at the following fixed price: [Insert a fixed amount for the indirect costs and payment schedule. Insert “$0” if no fixed price reimbursement for indirect costs will be provided. (If this is an indefinite delivery contract, the Contracting Officer may insert “Each order must list separately the fixed amount for the indirect costs and payment schedule or, if no reimbursement for indirect costs, insert

‘None’).”]

(2) Total cost. The total cost to the Government for the performance of this contract shall not exceed the ceiling price set forth in the Schedule. The Contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this contract within such ceiling price. If at any time the Contractor has reason to believe that the hourly rate payments and material costs that will accrue in performing this contract in the next succeeding

30 days, if added to all other payments and costs previously accrued, will exceed 85 percent of the ceiling price in the Schedule, the Contractor shall notify the Contracting Officer giving a revised estimate of the total price to the Government for performing this contract with supporting reasons and documentation. If at any time during the performance of this contract, the Contractor has reason to believe that the total price to the Government for performing this contract will be substantially greater or less than the stated ceiling price, the Contractor shall so notify the Contracting Officer, giving a revised estimate of the total price for performing this contract, with supporting reasons and documentation. If at any time during performance of this contract, the Government has reason to believe that the work to be required in performing this contract will be substantially greater or less than the stated ceiling price, the Contracting Officer will so advise the Contractor, giving the revised estimate of the total amount of effort to be required under the contract.

(3) Ceiling price. The Government will not be obligated to pay the Contractor any amount in excess of the ceiling price in the Schedule, and the Contractor shall not be obligated to continue performance if to do so would exceed the ceiling price set forth in the Schedule, unless and until the Contracting Officer notifies the Contractor in writing that the ceiling price has been increased and specifies in the notice a revised ceiling that shall constitute the ceiling price for…