36C24426Q0159 0001 Wilkes Barre Fire Extinguisher Inspections.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

0001 36C24426Q0159

April Cotter 210-269-1927 02-20-2026

3:00 EST

00244

Department of Veterans Affairs

Network Contracting Office 4

Services 2

1010 Delafield Road, Building 32

Pittsburgh PA 15215

X 100

X

Y

922160

$16.5 Million

N/A

X

Wilkes Barre VA Medical Center

1111 East End Blvd

Wilkes-Barre PA 18711

00244

Department of Veterans Affairs

Network Contracting Office 4

Services 2

1010 Delafield Road, Building 32

Pittsburgh PA 15215

Austin Payment Center

Department of Veterans Affairs

PO Box 149971

Austin TX 78714-9971

(877) 353-9791 (512) 460-5429

See CONTINUATION Page

This is a new requirement for the Inspection of all

300 units to include annual,5/6 year examination and hydrostatic testing of various branded fire extinguishers at our Wilkes-Barre VA Medical Center IAW the Statement of

Work.

Total SDVOSB Set-Aside. A Firm-Fixed-Price IDV contract with four 12 month option periods will result from this solicitation.

See Statement of Work and Schedule for complete details.

SCA WD No.: 2015-4239 (Rev. 31), dated 12-03-2025 applies.

All questions and quotes shall be submitted via email only to April.Cotter@va.gov

Questions are due by 3:00 PM EST on Tuesday, 02/17/2026.

Quotes are due by 3:00 PM EST on Friday, 02/20/2026.

No site visits will be scheduled at this time.

See CONTINUATION Page

X 1

Stephanie Luniewski

Lead Contracting Officer

36C24426Q0159

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 Statement of Work

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 Terms and Conditions—Commercial Products and Commercial Services.

(Oct 14, 2025)

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

C.3 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017)

C.4 52.216-18 ORDERING (AUG 2020)

C.5 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.6 52.216-22 INDEFINITE QUANTITY (NOV 2025) (DEVIATION)

C.7 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.8 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)... 24

C.9 52.219-14 LIMITATIONS ON SUBCONTRACTING (OCT 2022)

C.10 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

C.11 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

C.12 52.244-6DEV SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (OCT 2025) (DEVIATION FEB 2025)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 See attached document: 852.219-75 MUST SIGN AND RETURN WITH

PROPOSAL

D.2 See attached document: SCA WD 2015-4239

D.3 See attached document: Additional Information Fire Extinguisher Inspections

Approximately

SECTION E - SOLICITATION PROVISIONS

E.1 52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE

CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS—

REPRESENTATION (JAN 2017)

E.2 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services.

(Oct 14, 2025)

E.3 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.4 52.240-90 SECURITY PROHIBITIONS AND EXCLUSIONS REPRESENTATIONS

AND CERTIFICATIONS (NOV 2025) (DEVIATION)

E.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.6 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

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 36C244

Department of Veterans Affairs

Network Contracting Office 4

Services 2

1010 Delafield Road, Building 32

Pittsburgh PA 15215

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

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

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] In arrears, after completion of each order.

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.

All invoices shall be submitted to Tungsten at https://authentication.tungsten-network.com/login

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

A. GENERAL INFORMATION

Title: Fire Extinguisher Inspections

Scope of Work: The Contractor shall provide the Wilkes Barre VA Medical Center (VAMC) with annual, 5/6 year and hydrostatic fire extinguisher inspections on various branded fire extinguishers already installed throughout the Medical Center. The annual, 5/6 year examination and hydrostatic testing of a fire extinguisher require the services of a trained and certified

Technician who has the proper tools, listed parts and appropriate manufacturers service manual. This contract will also include the annual inspection, testing and maintenance of one clean agent system (SHP

PRO HFC-125) and semi-annual inspection and testing of four wet chemical kitchen systems (Ansul) with a total of nine cylinders. Maintenance and inspection of the clean agent system will not be required until

2027. All inspections must comply with NFPA and Joint Commission standards.

Background: The Wilkes Barre VAMC currently has approximately 300 fire extinguishers that require inspections annually in accordance with the latest National Fire Protection Association (NFPA) Standard

10, and Joint Commission Standards. The Contractor will be responsible for 300 units to include annual, Each 5/6 year examination and hydrostatic testing of the following various branded fire extinguishers:

Type of Extinguisher Class Quantity

Dry Chemical A:B:C 255

CO2 B:C 35

Wet Chemical A:K 4

Water Mist A:C 5

MRI non-magnetic de-ionized

Water fire extinguisher

MRI non-magnetic CO2 fire extinguisher

MRI non-magnetic dry chem 1

Ansul system 4

Clean Agent system 1

A. GENERAL REQUIREMENTS FOR ANNUAL EXAMINATION

After the initial, each examination will be conducted in January of each calendar year to evaluate the basic elements of the fire extinguisher and components shall include the following:

• Annual Examination o Check extinguisher records to determine interval of each 5/6-year and hydrostatic testing o Thoroughly examine cylinder for dents, damage, repairs or corrosion o Remove pull pin to ensure that it functions properly and is not damaged or corroded o Examine the handles and levers to ensure they are undamaged and operable o Ensure the valve stem is correctly extended and not corroded or damaged o Verify that the pressure gauge is in the operational range o Examine the pressure gauge is not damaged, bent or cracked o Examine exposed thread areas for corrosion, wear, or damage o Ensure that the hose and couplings are not cracked, cut, damaged, or deformed o Examine internal valve port surfaces and threads for signs of leakage and corrosion o Ensure the hose retention band is secure and properly adjusted o Reinstall the ring pin and install a new inspection seal o Clear exposed extinguisher surfaces to remove any foreign material o Record the maintenance on the extinguisher tag or label to include the words

“annual” in the remarks section

B. GENERAL REQUIREMENTS FOR 5/6 YEAR INTERNAL INSPECTION

Each 5/6 year inspection for stored-pressure fire extinguishers that require a 12-year hydrostatic test shall be emptied and subjected to the applicable internal and external examination procedures.

• 5/6 Year Examination o Empty fire extinguisher and examine both internally and externally.

o Replace any leaking valves o Replace gasket o Recharge fire extinguisher o Install waterproof label indicating month and year service was provided o Ansul system dates:

• 12 year test was in 2021

• 15 fusible links o One Denlar Ansul

• 12 year test was in 2022

• 3 fusible links

C. GENERAL REQUIREMENTS FOR HYDROSTATIC TESTING

Pressure vessels used as fire extinguishers and specified components of fire extinguishers shall be hydrostatically tested in accordance to NFPA 10.

• Hydrostatic Testing o Discharge fire extinguisher o Pressurize cylinder by water or other compatible noncompressible fluid o Inspect for leaks o Test pressure gauge for certified accuracy.

o Replace any gaskets and or valves that fail testing procedures.

o Dry equipment to not exceed 150o o Inspect hose for cracks o Replace hose if fails inspection o Examine external cylinder for physical damage o Assemble unit and recharge o Install waterproof label indicating month and year service was provided

D. CONTRACTOR RESPONSIBILITIES

• Contractor shall report any broken, inoperable, or malfunction of any and all parts of the fire extinguishers and the fire extinguisher mounting hardware and/or casing to the Wilkes Barre

VAMC POC immediately upon inspection or within the same business day.

• Complete and provide completed documentation showing monthly, annual, 5/6 year and hydrostatic inspections.

• Reports must comply with NFPA and Joint Commission reporting requirements. Including but not limited to cited performance element and testing method.

• Contractor personnel providing the fire extinguisher inspection, maintenance, and testing must possess all the required training and certifications to perform duties as required by

NFPA 10. Any certifications and training documentation shall be provided to the Wilkes

Barre VAMC POC within ten (10) calendar days after the start of the contract, and prior to the first inspection.

E. GOVERNMENT RESPONSIBILITIES

• Government will provide all fire extinguishers requiring servicing.

• The Government will provide a POC upon contract award.

• The Government will provide access to needed areas.

F. OTHER CONSIDERATIONS

Place of Performance: Wilkes Barre VA Medical Center, 1111 Wilkes Barre , Wilkes Barre, PA 18711.

Hours of Operation: Standard work hours are between 7:30am and 4:00pm Eastern Time Monday through Friday. Contractor shall not schedule inspections on weekends or Government holidays.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVIC

ES

QUANTIT

Y

UNI

T UNIT PRICE AMOUNT

1.00 JB ________________

Annual Fire Extinguisher Inspection Services:

Annual inspection, testing, maintenance, documentation and tagging for of approximately 300 Fire extinguishers, including dry chemical, CO2, wet chemical, Water Mist, MRI-compatible extinguishers, Ansul systems, in accordance with NFPA 10, Joint Commission standards, and the Statement of Work.

Contract Period: Base POP Begin: 02-23-2026 POP End: 02-22-2027 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientif ic, and Technical Services PRODUCT/SERVICE CODE: H312 - Inspection - Fire Control Equipment

5/6-Year Internal Examination Services:

Perform required 5/6 year internal examinations, including discharge, internal/external inspection, part replacement as required, recharging, labeling, and documentation in accordance with NFPA 10, Joint Commission standards, and the Statement of Work.

Contract Period: Base POP Begin: 02-23-2026 POP End: 02-22-2027 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientif ic, and Technical Services

Hydrostatic Testing Services:

Perform hydrostatic testing of applicable fire extinguishers and components, including disassembly, testing reassembly, recharging, certif ication labeling, and documentation in accordance with NFPA 10, Joint Commission standards, and the Statement of Work.

Contract Period: Base POP Begin: 02-23-2026 POP End: 02-22-2027 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientif ic, and Technical Services

Ansul Inspection and Testing:

Semi- Annual inspection, testing, and maintenance of all Ansul wet chemical systems (9 cylinders) in accordance with NFPA 10, Joint Commission standards, and the Statement of Work.

POP Begin: 02-23-2026 POP End: 02-22-2027 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientif ic, and Technical Services

Clean Agent System Inspection and Testing:

Annual inspection, testing, and maintenance of clean agent system (SHP PRO HFC-125) in accordance with NFPA 10, POP Begin: 02-23-2026 POP End: 02-22-2027 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientif ic, and Technical Services

Annual Fire Extinguisher Inspection Services:

Annual inspection, testing, maintenance, documentation and tagging for of approximately 300 Fire extinguishers, including dry chemical, CO2, wet chemical, Water Mist, MRI-compatible extinguishers, Ansul systems, in accordance with NFPA 10, Joint Commission standards, and the Statement of Work.

Contract Period: Option 1 POP Begin: 02-23-2027 POP End: 02-22-2028 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientif ic, and Technical Services

5/6-Year Internal Examination Services:

Perform required 5/6 year internal examinations, including discharge, internal/external inspection, part replacement as required, recharging, labeling, and documentation in

Contract Period: Option 1 POP Begin: 02-23-2027

POP End: 02-22-2028 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientif ic, and Technical Services

Hydrostatic Testing Services:

Perform hydrostatic testing of applicable fire extinguishers and components, including disassembly, testing reassembly, recharging, certif ication labeling, and documentation in accordance with NFPA 10, Joint Commission standards, and the Statement of Work.

Contract Period: Option 1 POP Begin: 02-23-2027 POP End: 02-22-2028 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientif ic, and Technical Services

Ansul Inspection and Testing:

Semi- Annual inspection, testing, and maintenance of all Ansul

POP End: 02-22-2028 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientif ic, and Technical Services

Clean Agent System Inspection and Testing:

Annual inspection, testing, and maintenance of clean agent

POP End: 02-22-2028 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientif ic, and Technical Services

Annual Fire Extinguisher Inspection Services:

Annual inspection, testing, maintenance, documentation and tagging for of approximately 300 Fire extinguishers, including dry chemical, CO2, wet chemical, Water Mist, MRI-compatible extinguishers, Ansul systems in accordance with NFPA 10, Joint Commission standards, and the Statement of Work.

Contract Period: Option 2 POP Begin: 02-23-2028 POP End: 02-22-2029 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientif ic, and Technical Services

5/6-Year Internal Examination Services:

Perform required 5/6 year internal examinations, including discharge, internal/external inspection, part replacement as required, recharging, labeling, and documentation in

Contract Period: Option 2 POP Begin: 02-23-2028 POP End: 02-22-2029 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientif ic, and Technical Services

Hydrostatic Testing Services:

Perform hydrostatic testing of applicable fire extinguishers and components, including disassembly, testing reassembly, recharging, certif ication labeling, and documentation in accordance with NFPA 10, Joint Commission standards, and the Statement of Work.

Contract Period: Option 2 POP Begin: 02-23-2028 POP End: 02-22-2029 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientif ic, and Technical Services

Ansul Inspection and Testing:

Semi- Annual inspection, testing, and maintenance of all Ansul

POP End: 02-22-2029 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientif ic, and Technical Services

Clean Agent System Inspection and Testing:

Annual inspection, testing, and maintenance of clean agent

POP End: 02-22-2029 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientif ic, and Technical Services

Annual Fire Extinguisher Inspection Services:

Annual inspection, testing, maintenance, documentation and tagging for of approximately 300 Fire extinguishers, including dry chemical, CO2, wet chemical, Water Mist, MRI-compatible extinguishers, Ansul systems in accordance with NFPA 10, Joint Commission standards, and the Statement of Work.

Contract Period: Option 3 POP Begin: 02-23-2029 POP End: 02-22-2030 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientif ic, and Technical Services

5/6-Year Internal Examination Services:

Perform required 5/6 year internal examinations, including discharge, internal/external inspection, part replacement as required, recharging, labeling, and documentation in

Contract Period: Option 3 POP Begin: 02-23-2029 POP End: 02-22-2030 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientif ic, and Technical Services

Hydrostatic Testing Services:

Perform hydrostatic testing of applicable fire extinguishers and components, including disassembly, testing reassembly, recharging, certif ication labeling, and documentation in accordance with NFPA 10, Joint Commission standards, and the Statement of Work.

Contract Period: Option 3 POP Begin: 02-23-2029 POP End: 02-22-2030 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientif ic, and Technical Services

Ansul Inspection and Testing:

Semi- Annual inspection, testing, and maintenance of all Ansul

POP End: 02-22-2030 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientif ic, and Technical Services

Clean Agent System Inspection and Testing:

Annual inspection, testing, and maintenance of clean agent

POP End: 02-22-2030 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientif ic, and Technical Services

Annual Fire Extinguisher Inspection Services:

Annual inspection, testing, maintenance, documentation and tagging for of approximately 300 Fire extinguishers, including dry chemical, CO2, wet chemical, Water Mist, MRI-compatible extinguishers, Ansul systems in accordance with NFPA 10, Joint Commission standards, and the Statement of Work.

Contract Period: Option 4 POP Begin: 02-23-2030 POP End: 02-22-2031 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientif ic, and Technical Services

5/6-Year Internal Examination Services:

Perform required 5/6 year internal examinations, including discharge, internal/external inspection, part replacement as required, recharging, labeling, and documentation in

Contract Period: Option 4 POP Begin: 02-23-2030 POP End: 02-22-2031 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientif ic, and Technical Services

Hydrostatic Testing Services:

Perform hydrostatic testing of applicable fire extinguishers and components, including disassembly, testing reassembly, recharging, certif ication labeling, and documentation in

Contract Period: Option 4 POP Begin: 02-23-2030 POP End: 02-22-2031 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientif ic, and Technical Services

Ansul Inspection and Testing:

Semi- Annual inspection, testing, and maintenance of all Ansul

POP End: 02-22-2031 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientif ic, and Technical Services

Clean Agent System Inspection and Testing:

Annual inspection, testing, and maintenance of clean agent

POP End: 02-22-2031 PRINCIPAL NAICS CODE: 541990 - All Other Professional, Scientif ic, and Technical Services

GRAND TOTAL ________________

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 Terms and Conditions—Commercial Products and

Commercial Services. (Oct 14, 2025)

(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, f ires, 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 notif ied 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, http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim 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 simplif ied 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 certif ications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

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

(End of Clause)

FAR

Number

Title Date

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS NOV 2023

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL

JAN 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED

DOMESTIC CORPORATIONS

NOV 2015

52.222-3 CONVICT LABOR (DEVIATION) NOV 2025

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH

DISABILITIES (DEVIATION)

NOV 2025

52.222-41 SERVICE CONTRACT LABOR STANDARDS (DEVIATION) NOV 2025

52.222-50 COMBATING TRAFFICKING IN PERSONS (DEVIATION) NOV 2025

52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706

(DEVIATION)

NOV 2025

52.223-23 SUSTAINABLE PRODUCTS NOV 2025

52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT

MESSAGING WHILE DRIVING

MAY 2024

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—

SYSTEM FOR AWARD MANAGEMENT

OCT 2018

52.233-3 PROTEST AFTER AWARD AUG 1996

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM OCT 2004

C.3 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017)

(a) Definitions. As used in this clause—

Internal confidentiality agreement or statement means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.

Subcontract means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

Subcontractor means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor.

(b) The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(c) The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any preexisting internal confidentiality agreements or statements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.

(d) The prohibition in paragraph (b) of this clause does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive

Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(e) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further

Continuing Appropriations Act, 2015, (Pub. L. 113-235), and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions) use of funds appropriated (or otherwise made available) is prohibited, if the Government determines that the

Contractor is not in compliance with the provisions of this clause.

(f) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such contracts.

(End of Clause)

C.4 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 individuals or activities designated in the Schedule. Such orders may be issued from the effective date of the contract through the end of the effective period.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the

Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor’s email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of Clause)

C.5 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $100.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of TBD;

(2) Any order for a combination of items in excess of TBD; or

(3) A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection

52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the

Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.6 52.216-22 INDEFINITE QUANTITY (NOV 2025) (DEVIATION)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the

Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the ordering period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order, which may include order options to be exercised after the ordering period of this contract but before the end of the period of performance of the order. The contract shall govern the Contractor's and

Government's rights and obligations with respect to that order, including options exercised, to the same extent as if the order were completed during the contract's ordering period; provided, that the Contractor shall not be required to make any deliveries under this contract after .

(End of Clause)

C.7 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of contract expiration..

(End of Clause)

C.8 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR

2000)

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

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

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

(End of Clause)

C.9 52.219-14 LIMITATIONS ON SUBCONTRACTING (OCT 2022)

(a) This clause does not apply to the unrestricted portion of a partial set -aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that—

(1) Has the same small business program status as that which qualif ied the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification

System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to—

(1) Contracts that have been set aside for any of the small business concerns identif ied in

19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identif ied in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts

19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplif ied acquisition threshold and that are—

(i) Set aside for small business concerns under multiple-award contracts, as described in

8.405–5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are—

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple -award contracts, as described in 8.405–5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the

Contractor agrees that in performance of a contract assigned a North American Industry

Classification System (NAICS) code for—

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s

50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

(3) General construction, it will not pay more than 85 percent of the amount paid by the

Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 85 percent subcontract amount that cannot be exceeded; or

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not…