36C24226Q0857_1.docx

36C24226Q0857

1. SOLICITATION NUMBER

2. TYPE OF SOLICITATION

3. DATE ISSUED

PAGE OF PAGES

4. CONTRACT NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

6. PROJECT NUMBER

7. ISSUED BY

CODE

8. ADDRESS OFFER TO

a. NAME

b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE

DOCUMENTS (

Title, identifying number, date) 12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 8/2014)

STANDARD FORM 1442

Prescribed by GSA-FAR (48 CFR) 52.236-1(d)

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION

SOLICITATION

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SEALED BID (IFB)

NEGOTIATED (RFP)

11. The Contractor shall begin performance within ____________ calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See _____________________________).

YES

NO

a.

Sealed offers in original and ___________________copies to perform the work required are due at the place specified in Item 8 by _____________ (hour) local time _____________________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are due.

b.

An offer guarantee is, is not required.

c.

All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d.

Offers providing less than _______________________ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

36C24226Q0857 X 09-1 -2026

NONE

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

SPIVACK, MICHAEL

716-862-1461 X22458 This solicitation is for an Indefinite Delivery Contract (IDC) for demolition and asbestos abatement services supporting in-house repair and renovation projects at the East Orange VA Medical Center 385 Tremont Ave., East Orange NJ 07018 and the Lyons VA Medical Center 151 Knollcroft Rd, Lyons, NJ 07939.

These services shall be provided on an as needed basis, for a five-year term.

This procurement will be 100% set-aside for SDVOSB in accordance with VAAR 808.004-70.

Offerors shall be registered in the System for Award Management (www.sam.gov) at the close of the solicitation and at the time of award.

Offerors must submit their annual Vets4212 Report. The North American Industry Classification System Code (NAICS) is 236330 with a small business size standard of $45 million.

For detailed requirements see attached scope of work.

To preserve the integrity of the procurement process, all questions and requests for information must be submitted in writing to Michael.Spivack@va.gov. Questions must be received no later than 10/0 /2026 by 12:00pm EST.

EVALUATION

OF OFFERS AND BASIS FOR AWARD: The Government will evaluate offers using evaluation factors and significant subfactors tailored to th e Scope of Work . The evaluation process will follow RFO FAR 12.203 procedures and award a single contract from this solicitation. Please see FAR clause 52.212-2 on page 8 for detailed evaluation factors.

All proposals are due October 1 th, at 10:00EST. Quotes shall be emailed to Michael Spivack at Michael.Spivack@va.gov.

Bid bonds shall not be required with submitted quotes, however performance bonds shall be required for projects over $35,000.00 at the time of acceptance of the task order.

N/A X X X 12:00

EDT

10-1 -2026 X

14. NAME AND ADDRESS OF OFFEROR

15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE

FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of the solicitation, if this offer is accepted by the Government in writing within __________ calendar days after the date offers are due.

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER 20b. SIGNATURE 20c. OFFER DATE

21. ITEMS ACCEPTED:

22. AMOUNT

23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

ITEM

25. OTHER

THAN

FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c 41 U.S.C. 3304(a) (

26. ADMINISTERED BY

27. PAYMENT WILL BE MADE BY

PHONE:

FAX:

28. NEGOTIATED AGREEMENT

29. AWARD

Your Contractor agrees offer on this solicitation is hereby accepted as to the items listed. This to furnish and deliver all items or perform all work requirements identified award consummates the contract, which consists of (a) the Government on this form and any continuation sheets for the consideration stated in solicitation and your offer, and (b) this contract award. No further cont-this contract. The rights and obligations of the parties to this contract ractual document is necessary.

shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31a. NAME OF CONTRACTING OFFICER

TO SIGN

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. AWARD DATE

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

(Include ZIP Code) (Include area code) (Include only if different than Item 14.)

(Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each) (Type or print) (4 copies unless otherwise specified) (Type or print) (Type or print) (Contractor is required to sign this document and return _______ copies to issuing office.)

(Contractor is not required to sign this document.)

(Must be fully completed by offeror) (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

36C528 Department of Veterans Affairs Network Contracting Office (NCO) 2 3495 Bailey Avenue Building 3, 2nd floor Buffalo NY 14215 Tungsten Network https://www.tungsten-network.com/ customer-campaigns/veteransaffairs/

SPIVACK, MICHAEL

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

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

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.

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

36C24226Q0857

Page 1 of Page 1 of B.2 Construction Statement of Work General Information

2.1 Location

A) Work performed under this scope shall be for and conducted within the VA New Jersey Health Care System (VANJHCS) at the East Orange VA Medical Center, located at 385 Tremont Ave, East Orange, NJ 07018, and Lyons VA Medical Center, located at 151 Knollcroft Rd, Lyons NJ 07939.

2.2 Purpose

A) This Statement of Work (SOW) is for an IDC for demolition and abatement efforts supporting construction and repair services at VANJHCS Medical Centers. These services shall be provided on an as needed basis, for a five-year term. VANJHCS has various sized projects that require a Contractor to perform the demolition and abatement portion of this work necessary to accomplish this goal. The minimum value for this IDC is $10,000.00 with a maximum dollar value of $2,000,000.00.

2.3 Scope

A) A description of all individual demolition and abatement tasks covered under this IDC contract can be found in the contract Line Items. The contractor shall provide all labor, materials, equipment, tools, transportation, supervision, safety, quality control and management necessary to fulfill the requirements of task orders issued by the Government under this contract.

B) All work completed under this contract shall comply with applicable Infection Control requirements and the New Jersey Administrative CodeA (NJAC) 5:23-8, Asbestos Hazard Abatement Subcode, and NJAC 12:120 governing asbestos abatement, licensing, and permitting requirements. Additional administrative and management related requirements are described in Section 3: Requirements. Material testing and air monitoring services required while performing asbestos removal services shall be provided by the VANJHCS at no cost to the contractor.

C) No work outside the defined Statement of Work (SOW) shall be performed without written authorization from the Contracting Officer (CO). Unauthorized work may be deemed Unauthorized Commitment (UAC) and may not be reimbursed.

D) The Contractor shall be responsible for all means and methods and shall ensure all work is performed in a safe, compliant, and professional manner.

2.3.1 Site Conditions, As-Builts and Record Documents

A) Although the VA makes every effort to keep drawings current to existing conditions, changes and updates are sometimes not recorded. It is therefore the Contractor’s responsibility to perform field investigation and verification of the accuracy of any drawings or directions with the actual conditions prior to starting any demolition or abatement planning. The contractor shall perform a site visit with the Contracting Officer’s Representative (COR) to check existing conditions at the project site upon receiving a request for services, prior to providing a quote.

2.3.2 Quality Assurance/Quality Control Plan

The Contractor shall be responsible for reviewing work they complete as well as work done by any subcontractors that the Contractor has hired to assist with the completion of this SOW. The Contractor shall provide the Government with a Quality Assurance/Quality Control (QA/QC) Plan documenting the methods, processes, and procedures that are going to be implemented by the Contractor to validate the work that they and their subcontractors perform.

A) The Contractor’s QA/QC Plan shall include verification of all required licenses, certifications, and insurance for personnel performing work under this contract, including any specialized requirements related to hazardous material handling or abatement.

2.3.3 Hazardous Materials

A) The VA does not anticipate Hazardous Material Removal under this project. If hazardous materials are identified beyond the established scope, the Contractor shall immediately stop working and notify the COR.

B) No removal, disturbance, or containment activities shall occur until written authorization is provided by the Contracting Officer, any required abatement shall be performed by properly licensed and certified personnel in accordance with all federal, state, and local regulations.

C) Any lead-based paint disturbance, removal, encapsulation, or disposal activities shall comply with all applicable OSHA, EPA, HUD, and State of New Jersey regulations. Contractors shall provide documentation of worker certifications, exposure protection procedures, waste handling procedures, and proper disposal documentation for lead-containing materials.

D) Any mold remediation activities shall comply with applicable EPA guidance, OSHA requirements, and recognized industry standards. Contractors shall provide containment procedures, engineering controls, PPE requirements, cleaning methodologies, and disposal procedures to prevent cross-contamination and occupant exposure.

2.3.4 Personal Protective Equipment (PPE)

A) The Contractor shall be responsible for obtaining/providing, inspecting, and maintaining any required Personal Protective Equipment (PPE) necessary to perform services identified under this contract.

2.4 Approach

A) The Government shall issue written memorandum of instructions on required demolition and/or abatement activities to the successful contractor, including required notices on timeframe for work, location, and other general information. The contractor is not authorize to perform any work under this IDC without either a task order, modification to an existing task order or Notice To Proceed (NTP) has been issued by a CO. The contractor shall then submit all work plans, schedules, and supporting documents for review and approval by the COR prior to commencing work.

B) Though the base contract does not require the contractor to obtain performance or payment bonds, any individual project to be awarded under this IDC contract exceeds $35,000.00 the contractor shall provide the CO with either a payment bond or an irrevocable letter of credit as stated in FAR 28.102-1 (b) before to proceed can be issued.

2.5 Phasing

A) Once the COR has determined the need for services under this contract, the COR shall notify the contractor of the requirement and provide the Contractor with a written description of the project. The Contractor shall coordinate with the COR to schedule a site visit and submit a quote within a timeframe mutually agreed upon. Upon acceptance of the quote, the COR will coordinate scheduling of work. All project timelines shall be agreed upon prior to execution and may be adjusted on operational commitments.

B) Although there is no formal phasing required for this project, work plans shall be submitted by the contractor and approved by the COR prior to starting any required demolition or abatement. The submitted work plans shall detail all Infection Control Risk Assessment requirements and compliance with the New Jersey Administrative Code (NJAC) 5:23-8 and NJAC 12:120, as applicable, along with necessary phasing.

2.6 Off-Hours & Weekend Work

A) Regular business hours shall be defined as Monday through Friday from 8am to 4:30pm, excluding Federal holidays as listed in paragraph B below. All services shall be performed during normal business hours of coverage.

B) Federal Holidays observed are:

Independence Day

Any other day specifically declared by the President of the United States to be a national holiday.

C) The contractor shall provide a percentage rate increase for all services provided in this contract that need to be done outside of regular business hours. Any work performed outside normal business hours must be pre-approved by the COR. Applicable rate adjustments shall be clearly identified in the Contractor’s Proposal and approved prior to execution.

2.7 Emergency Call-Ins

A) One of the primary purposes of this contract is to have all the associated services to be utilized in the event of an emergency. If the COR or any other designated VHA employee determines the need for services covered under this contract due to an emergency. The Contractor shall maintain the capability to respond to emergency calls 24/7. Upon notification, the Contractor shall respond within thirty (30) minutes and be on-site within two (2) hours unless otherwise directed by the COR or Contracting Officer.

B) The Contractor shall have sufficient personnel, equipment, and resources available to safely stabilize conditions and prevent further risk to patients, staff, and/or facilities.

2.8 Site Information/Safety

A) All Contractor personnel working onsite at the Medical Center shall be required to attend a East Orange and Lyons VAMC site specific safety training class. This class shall be held on site and shall be taught by a member of the East Orange and Lyons VAMC safety office. Attendance to this class and proof of the 10-hour OSHA requirement will allow Contractor personnel to obtain a photo ID badge from the East Orange and Lyons VAMC Police. All Contractor personnel shall always wear this badge above the waist while on the East Orange and Lyons VAMC campus. Participation in this class is mandatory and must be done prior to the commencement of work on-site.

B) If this training has been completed previously (as evidenced by a valid East Orange and Lyons VAMC Contractor Photo ID) then no repeat training will be required until the printed expiration date. Personnel must attend the safety training class to renew an existing badge.

C) Failure to comply with site safety requirements may result in removal from the site and/or suspension of work.

2.8.1 Access

A) Although the VANJHCS campuses are public facilities, access to facility maintenance areas, electrical areas, mechanical areas, roof access, and certain other portions of the medical facility are restricted from the public. Accessing these areas may require advance notice, pre-approval, and scheduling to gain entry. All visits and access requests to VANJHCS under this scope of work shall be coordinated through the COR or Technical Contact.

B) Unauthorized access to restricted areas is strictly prohibited and may result in removal from the project and potential contract action.

2.8.2 Photography

A) It is VHA policy to respect the privacy of all personnel (e.g., Veterans, patients, residents, members of the VHA workforce, and visitors) consistent with the needs of operating a national health care system. Privacy protections on VHA premises vary according to the needs and purposes of different types of areas, the personnel included, and the purpose of the production and use of photographs, digital images, and video or audio recordings (excerpt from VHA Directive 1078).

B) Photography of as built and final site conditions are required actions under this SOW when photography activities are coordinated with the COR.

C) The Contractor shall ensure that no photographs include patients, members of the VHA workforce or visitors. All photography shall be coordinated and approved by the COR.

2.9 Applicable Documents

A) The following documents are applicable to this Scope of Work (SOW) to the extent specified herein. While every effort has been made to ensure the completeness of this list, document users are cautioned that they must meet all specified requirements of documents cited in Section 3 of this SOW, whether they are listed here.

2.9.1 Government Documents

A) The following directives, guides, handbooks, and drawings form a part of this document to the extent specified herein. Unless otherwise specified, the latest revisions available shall be used.

Copies of construction related Department of Veterans Affairs directives, guides, and handbooks are available from the Office of Construction and Facilities Management website:

http://www.cfm.va.gov/til/index.asp

DEPARTMENT OF VETERANS AFFAIRS DIRECTIVES:

1078 PRIVACY OF PERSONS REGARDING PHOTOGRAPHS, DIGITAL IMAGES,

AND VIDEO OR AUDIO RECORDINGS

2.10 Veterans Health Administration New Jersey Health Care System Documents

A) The following drawings and documents form a part of this document to the extent specified herein:

Documents identified below are base VA documents that have been tailored to the needs of this specific effort. While the base VA documents are available on the Office of Construction and Facilities Management website listed above, the Contractor shall use the modified version listed below, NOT the base document. Copies of these documents are available from the CO, COR, or Technical POC

VA NEW JERSEY HEALTH CARE SYSTEM, EAST ORANGE AND LYONS CAMPUS SPECIFICATIONS

01 00 00 DA General Requirements 01 32 16.15 DA Project Schedules 01 35 26 DA Safety Requirements 01 74 19 DA Construction Waste Management 02 41 00 DA Demolition 02 82 11 DA Traditional Asbestos Abatement 02 82 13.19 Asbestos Floor Tile and Mastic Abatement

2.11 Non-Government Publications

A) All work shall be accomplished in strict accordance with the latest codes and standards. The Contractor shall follow any/all applicable standards and codes, including, but not limited to applicable NFPA standards, NEC, JCAHO, OSHA, ANSI, ASHRAE, and any other codes. In the event of conflicting standards, the most stringent requirement shall apply.

2.12 Order of Precedence

A) In the event of a conflict between this Statement of Work and the referenced documents, this SOW shall take place unless otherwise directed by the CO. Nothing herein supersedes applicable federal, state, or local laws and regulations.

2.13 Requirements

A) The Contractor shall provide personnel, material, services, and facilities to perform, accomplish, and deliver the required services detailed in this scope of work.

2.14 General

A) This section contains general information that is applicable for the duration of the contract (i.e., applies to all Parts of this effort).

2.15 Submittals

A) The contractor shall submit all required submittals and shop drawings for review and approval prior to the start of work. Work shall not proceed until submittals are approved and returns as “Approved” or “Approved as Noted”

B) Each submittal shall include project title, location, project number, date, subcontractor name (if applicable), specification section, product identification, and revision history. The VA review period for submittals is 10 business days. The VA will return submittals to the contractor notated as “Approved”, “Approved as Noted”, “Revise and Resubmit” or “Not Reviewed”.

C) A generic submittal log has been generated for this effort and represents a list of the minimum required submittals based upon the current construction documents. Although every attempt has been made to ensure that this list is complete, additional submittals not listed may be required. If requested, the government can provide the contractor with a submittal log tracker that can be used to track status of open submittals. If the contractor plans to use an internal document to track submittals, a copy shall be sent to the COR for edits/approval as necessary.

Table 1: Submittal Log

D) Additional submittals may be required as determined by the Government to ensure compliance with contract requirements.

E) Contractors performing asbestos abatement work shall provide proof of NJ DOLWD licensing, current asbestos supervisor and worker permits, and confirmation that all permits remain valid throughout the duration of the abatement project.

F) Contractors shall submit all required 10-day notifications to applicable regulatory agencies, or 3-day notifications for emergency removals, prior to commencement of work. No abatement work shall begin until notification documentation has been reviewed and accepted by the Government.

G) Personnel signing asbestos waste shipping papers or manifests for friable asbestos materials shall maintain current USDOT hazardous materials transportation training as required by federal regulations.

H) Contractors shall submit copies of original and final waste manifests documenting shipment and final disposal of asbestos-containing materials. Documentation shall be submitted to verify chain-custody and receipt confirmation from the disposal facility within 35 days.

2.16 Construction Inspections

A) Periodic formal and informal construction inspections will be performed by VA staff throughout the construction process to assess the quality and compliance of the project in comparison to the Contract Documents. Typical inspection examples include review of safety, dust and infection control systems and configurations, review of waste management and disposal procedures and adherence to required abatement procedures when applicable.

B) Any findings identified during an inspection as having a negative impact on the project will be photographed, documented in writing, and delivered to the contractor.

C) The Contractor shall respond in writing and provide evidential proof of compliance/rectification/resolution to each finding identified. Some findings may require resolution prior to moving to the next construction process.

D) Failure to address identified deficiencies may result in suspension of work until corrective actions are completed and verified.

2.17 Verification

A) Final inspection of the completed demolition or abatement work shall be conducted jointly before final acceptance of the project requirements. The groups that will participate in the verification process include:

1. Prime Contractor

2. Subcontractor (as applicable)

3. VA Engineering B) These inspections will be based upon cleanliness and thorough completion of required work activities and will be checked against VA regulatory requirements and submittals as applicable.

C) Any work that does not pass inspection will be provided to the Contractor in the form of an outstanding item checklist which will be required to be completed by the Government to recognize successful completion of the required project tasks.

D) Final acceptance is contingent upon satisfactory completion of all work, submission of required documentation, and resolution of all deficiencies.

2.18 Records Management

A) Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records.

B) Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

C) The Government Agency owns the rights to all data/records produced as part of this contract.

D) The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractors must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

E) Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format (paper, electronic, etc.) or mode of transmission (email, fax, etc.) or state of completion (draft, final, etc.).

F) No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

G) Contractor is required to obtain the Contracting Officer’s approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

H) The Contractor shall ensure all records are maintained IAW federal record retention requirements and are available for audit upon request.

Autodesk build construction management platform:

A) The Contractor shall utilize VISN 2 Autodesk Build Construction management platform, also called Autodesk Construction Cloud (ACC).

B) Access to the platform and training portal will be provided by VISN 2 through project Contracting Officer Representative (COR) at no cost for the duration of the project. Autodesk Build is the management and collaborative environment that VISN 2 uses for all its Non-Recurring Maintenance (NRM), Minor Program projects, Feasibility Studies, Commissioning and Retro-Commissioning contracts. There is no user, license, or subscription fee to the contractor for using this cloud-based platform.

C) The Contractor shall accomplish and complete the following tasks upon award of contract:

1. Request access to ACC platform and ProductivityNOW eLearning Site to project VA COR within 14 days of contract award. Only staff that shall utilize the platform to be granted access. Examples: Project manager, sub-contractors POC, Site manager, Safety officer, etc.

2. The access request shall be in writing and include a list of staff. The list shall include the following information:

i. Full Name

ii. Company Name

iii. Email Address

iv. Role/Position on the project (i.e., Project manager, site super)

3. Contractor staff granted access to the ACC platform shall complete ACC training through ProductivityNOW eLearning platform and provide certificates of completion to COR within 12 Calendar days of access being granted. Initial access to ProductivityNOW eLearning platform shall expire after 12 Calendar days after online access is granted.

C) Additional Staff and Subcontractors can be added at any time with a request for submission to the project COR.

D) The contractor shall only use the ACC platform for contract required submissions, official project correspondence to be acknowledged, reviewed, and actioned by the responsible party. No additional time shall be added to the contract, nor an increase in contract amount provided for the contractor’s failure to utilize the ACC platform as the project’s official communication and collaboration system. Any correspondence out of platform shall not be the governing authority contradicting direction and will be at the contractor’s expense. Official project correspondence and collaboration include but not limited to: RFIs, submittals, schedules, shutdown requests, actionable tasks, reports, testing, safety inspections, photos, and site surveys.

E) Contractor shall inform the COR of any staff changes within 2 business days from the change. Staff changes pertain to staff granted access to the ACC platform. Contractor shall request termination of access, replacement of personnel and/or any other action that might impact the contractor’s ability to maintain required utilization of the platform.

F) Contractor submission requirements cannot be accepted for work to begin without meeting all ACC Platform requirements outlined herein, including completing required ACC platform training.

G) The ACC platform shall serve as the official system of record for all project communications, submittals, and documentation. Failure to utilize the ACC platform as required may result in rejections of submission or delay in work authorization

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

(a) 52.212-4 Terms and Conditions—Commercial Products and Commercial Services.

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. See 52.246-12.

(c) Assignment. The Contractor or its assignee may assign its rts 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. See 52.243-4 or 52.243-5, whichever is inserted in this contract.

(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. See paragraph (m)

(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—

(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.

(1) Right to Terminate: The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor. If the Contractor refuses or fails to prosecute the work or any separable part with the diligence that will ensure completion within the time specified in this contract, including any extensions, or fails to complete the work within such time, the Government may, by written notice, terminate the Contractor’s right to proceed with the work (or the portion of the work that has been delayed). In such event, the Government may take over the work and complete it by contract or otherwise and may take possession of and use any materials, appliances, or plant located at the work site that are necessary to complete the work.

(2) Liability: The Contractor and its sureties shall be liable for any damages to the Government resulting from the Contractor’s refusal or failure to complete the work within the required performance period. This liability includes any increased costs incurred by the Government in completing the work, whether or not the Contractor’s right to proceed is terminated.

(3) Excusable Delay: The Contractor’s right to proceed shall not be terminated nor charged with damages under this clause if the delay arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Such causes include, but are not limited to:

(i) Acts of God or of the public enemy;

(ii) Acts of the Government in either its sovereign or contractual capacity;

(iii) Acts of another contractor in the performance of a Government contract;

(iv) Fires;

(v) Floods;

(vi) Epidemics;

(vii) Quarantine restrictions;

(viii) Strikes;

(ix) Freight embargoes;

(x) Unusually severe weather; or

(xi) Delays of subcontractors or suppliers at any tier arising from unforeseeable causes beyond their control and without their fault or negligence.

To obtain relief, the Contractor must notify the Contracting Officer in writing of the causes of delay within 10 days from the beginning of the delay (unless the Contracting Officer extends this period). The Contracting Officer shall determine the facts and extent of the delay; if warranted, the time for completion shall be extended. The Contracting Officer’s findings are final and conclusive, subject to appeal under the Disputes clause.

(4) Wrongful Termination Treated as Convenience: If, after issuing a notice of termination for cause, the Government determines that the Contractor was not in default or that the delay was excusable, the termination shall be treated as a termination for the convenience of the Government.

(5) Effect on Other Rights: This clause supplements, but does not diminish, the Government’s rights under paragraph (l) Termination for the Government’s Convenience of this provision. The Government shall not be liable for payment for any supplies or services not accepted, and the Contractor shall remain liable for all remedies available at law or in equity.

(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. See 52.246-21.

(p) Reserved.

(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)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.2 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the…