36C24426Q0243 Portable Fire Extinguisher Coatesville .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

36C24426Q0243 02-26-2026

Timothy Soley 610-383-0285 03-06-2026

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

Department of Veterans Affairs

1400 Blackhorse Hill Rd

Coatesville PA 19320

00244

Department of Veterans Affairs

Network Contracting Office 4

Services 2

1010 Delafield Road, Building 32

Pittsburgh PA 15215

Austin Payment Center

PO Box 149971

Austin TX 78714-9971

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

See CONTINUATION Page

This is a new requirement for the Inspection, testing, and maintenance of 579 various branded fire extinguishers deployed throughout the campus at Coatesville, PA VA Medical Center IAW the Statement of

Work. This also includes a request for equipment delivery.

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

SCA WD No.: 2015-5791 (Rev. 30), 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 Wednesday, 03/04/2026.

Quotes are due by 3:00 PM EST on Friday, 03/06/2026.

See attachments for additional details.

See CONTINUATION Page

X 1

Stephanie Luniewski

Lead Contracting Officer

36C24426Q0243

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

Portable Fire Extinguisher and Fixed Fire Protection Systems Service

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 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)... 21

C.5 52.219-14 LIMITATIONS ON SUBCONTRACTING (OCT 2022)

C.6 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

C.7 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

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 No 2015-5791 Rev. 30 dated 12-03-2025

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)

E.7 VAAR 852.219-74 VA NOTICE OF TOTAL SET-ASIDE FOR VERIFIED

VETERAN-OWNED SMALL BUSINESSES (NOV 2022)

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 Stephanie Luniewski

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

Portable Fire Extinguisher and Fixed Fire Protection Systems Service

Description:

Perform inspection, testing and maintenance on Fire Extinguishers and Kitchen Fire Protection

System deficiencies in multiple buildings across the campus at the Coatesville Veterans Affairs

Medical Center, 1400 Blackhorse Hill Rd, Coatesville, PA 19320.

Purpose:

The purpose of this contract is to provide five-, six- and twelve-year maintenance on fire extinguishers that include ABC dry chemical extinguishers, Class K, pressurized water extinguishers and carbon dioxide fire extinguishers. All in total there are 579 extinguishers deployed throughout the campus. These inspections will be in accordance with NFPA 10

Standard for Portable Fire Extinguishers.

Monthly and annual NFPA 10 inspections are not part of this contract; these inspections are performed by the in-house fire department. These inspections will be in accordance with NFPA

10 Standard for Portable Fire Extinguishers.

This contract will also include the semi-annual inspection, testing and maintenance of two clean agent systems and six wet chemical kitchen systems.

Scope:

The contractor will be escorted from Building 12 (Fire Station,) to the worksites by Facilities

Engineering Service (FES) staff. The contractor shall supply all tools, materials, and labor to meet the listed requirements.

Requirements:

• Perform five-year inspection, testing and maintenance to include hydrostatic testing of

(125) carbon dioxide, (16) class K, (28) pressurized water extinguishers and (1) MRI non-magnetic de-ionized Water fire extinguisher. These inspections will be divided into

5 years, so not all extinguishers will be inspected in the same year.

• Perform six- and twelve-year inspection, testing and maintenance to include hydrostatic testing when applicable of (409) dry chemical extinguishers. These inspections will be divided into 5 years, so not all extinguishers will be inspected in the same year.

• Perform semi-annual inspection, testing and maintenance of 6 wet chemical fixed kitchen suppression systems.

• Perform semi-annual inspection, testing and maintenance of 2 clean agent systems (FM-

200 and Sapphire system.)

• Provide (20) new 10-pound ABC extinguishers with mounting hardware.

Base year:

• 13 Carbon dioxide extinguishers require 5-year inspection, testing and maintenance

• 13 Pressurized water extinguishers require 5-year inspection, testing and maintenance

• 1 Wet chemical extinguisher require 5-year inspection, testing and maintenance

• 123 ABC extinguishers require 6- or 12-year service

• 4 semi-annual inspection, testing and maintenance of 2 clean agent systems (FM-200 and Sapphire system.)

• 12 semi-annual inspection, testing and maintenance of 6 wet chemical fixed kitchen suppression systems.

• Provide (20) new 10-pound ABC extinguishers with mounting hardware

Option Year 1

• 0 Carbon dioxide extinguishers require 5-year inspection, testing and maintenance

• 0 Pressurized water extinguishers require 5-year inspection, testing and maintenance

• 1 Wet chemical extinguisher require 5-year inspection, testing and maintenance

• 1 MRI non-magnetic de-ionized Water fire extinguisher

• 20 ABC extinguishers require 6- or 12-year service

• 4 semi-annual inspection, testing and maintenance of 2 clean agent systems (FM-200 and Sapphire system.)

• 12 semi-annual inspection, testing and maintenance of 6 wet chemical fixed kitchen suppression systems.

Option Year 2

• 12 Carbon dioxide extinguishers require 5-year inspection, testing and maintenance

• 0 Pressurized water extinguishers require 5-year inspection, testing and maintenance

• 1 Wet chemical extinguisher require 5-year inspection, testing and maintenance

• 0 MRI non-magnetic de-ionized Water fire extinguisher

• 20 ABC extinguishers require 6- or 12-year service

• 4 semi-annual inspection, testing and maintenance of 2 clean agent systems (FM-200 and Sapphire system.)

• 12 semi-annual inspection, testing and maintenance of 6 wet chemical fixed kitchen suppression systems.

Option Year 3

• 42 Carbon dioxide extinguishers require 5-year inspection, testing and maintenance

• 0 Pressurized water extinguishers require 5-year inspection, testing and maintenance

• 4 Wet chemical extinguishers require 5-year inspection, testing and maintenance

• 0 MRI non-magnetic de-ionized Water fire extinguisher

• 60 ABC extinguishers require 6- or 12-year service

• 4 semi-annual inspection, testing and maintenance of 2 clean agent systems (FM-200 and Sapphire system.)

• 12 semi-annual inspection, testing and maintenance of 6 wet chemical fixed kitchen suppression systems.

Option Year 4

• 9 Carbon dioxide extinguishers require 5-year inspection, testing and maintenance

• 0 Pressurized water extinguishers require 5-year inspection, testing and maintenance

• 6 Wet chemical extinguishers require 5-year inspection, testing and maintenance

• 0 MRI non-magnetic de-ionized Water fire extinguisher

• 65 ABC extinguishers require 6- or 12-year service

• 4 semi-annual inspection, testing and maintenance of 2 clean agent systems (FM-200 and Sapphire system.)

• 12 semi-annual inspection, testing and maintenance of 6 wet chemical fixed kitchen suppression systems.

Note:

• All equipment and electrical shutdowns shall be coordinated by COR and Fire

Department Chief (Timothy Soley).

• All work shall be performed Monday through Friday during normal business hours (7:30

AM - 4:00 PM). No work shall be conducted on Federal Holidays and/or Weekends.

• The fire extinguishers to be serviced will be picked up at the fire station, there is no loading dock. The fire extinguishers are kept in the shed next to the firehouse and pickup will be coordinated Monday through Friday between 07:30 and 16:00 hours with the fire department. Drop off upon completion will be completed in the same fashion.

• Ansul system inspection will be conducted in Buildings 6, 9, 138, and 139. Building 139 has 3 Ansul systems. Scheduling will take place with the fire department and work will be completed Monday through Friday between 07:30 and 16:00 hours.

• Clean agent inspection will occur Monday through Friday between 07:00 and 16:00 hours. There are two locations: the MRI building next to Building 3 and Building 74A.

Provide completed service reports with the COR

If there is a need for work to be performed beyond the scope of this contract the contractor is required to provide a written cost estimate for any work or materials beyond the scope of this contract. The contractor shall not perform any work or make any purchases beyond the scope without approval from the Contracting Officer.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVIC

ES

QUANTIT

Y

UNI

T UNIT PRICE AMOUNT

123.00 EA ________________

ITM of fire extinguishers (dry chemical) ABC extinguishers require 6- or 12-year service Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 922160 - Fire Protection PRODUCT/SERVICE CODE: H312 - Inspection - Fire Control Equipment

12.00 EA ________________

Fixed kitchen System ITM Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 922160 - Fire Protection

4.00 EA ________________

Semi-annual inspection, testing and maintenance of 2 clean agent systems (FM-200 and Sapphire system.)

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 922160 - Fire Protection

20.00 EA ________________

New ABC dry chemical fire ext. 10-pound ABC extinguishers with mounting hardware Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 922160 - Fire Protection

1.00 EA ________________

Wet chemical extinguisher 5 year testing and maintenance

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 922160 - Fire Protection

13.00 EA ________________

Pressurized water extinguisher 5 year testing and maintenance Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 922160 - Fire Protection

13.00 EA ________________

Carbon Dioxide 5 year testing and maintenance Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 922160 - Fire Protection

0.00 EA ________________

ITM of fire extinguishers (dry chemical) ABC extinguishers require 6- or 12-year service Contract Period: Option 1 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 922160 - Fire Protection

Fixed kitchen System ITM Contract Period: Option 1 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 922160 - Fire Protection

Semi-annual inspection, testing and maintenance of 2 clean agent systems (FM-200 and Sapphire system.)

Contract Period: Option 1 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 922160 - Fire Protection

20 new ABC dry chemical fire ext.

Contract Period: Option 1 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 922160 - Fire Protection

Wet chemical extinguisher 5 year testing and maintenance Contract Period: Option 1 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 922160 - Fire Protection

Pressurized water extinguisher 5 year testing and maintenance Contract Period: Option 1 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 922160 - Fire Protection

Carbon Dioxide 5 year testing and maintenance Contract Period: Option 1 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 922160 - Fire Protection

ITM of fire extinguishers (dry chemical) ABC extinguishers require 6- or 12-year service Contract Period: Option 2 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 922160 - Fire Protection

Fixed kitchen System ITM Contract Period: Option 2 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 922160 - Fire Protection

Semi-annual inspection, testing and maintenance of 2 clean agent systems (FM-200 and Sapphire system.)

Contract Period: Option 2 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 922160 - Fire Protection

20 new ABC dry chemical fire ext.

Contract Period: Option 2 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 922160 - Fire Protection

Wet chemical extinguisher 5 year testing and maintenance Contract Period: Option 2 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 922160 - Fire Protection

Pressurized water extinguisher 5 year testing and maintenance Contract Period: Option 2 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 922160 - Fire Protection

Carbon Dioxide 5 year testing and maintenance Contract Period: Option 2 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 922160 - Fire Protection

60.00 EA ________________

ITM of fire extinguishers (dry chemical) ABC extinguishers require 6- or 12-year service Contract Period: Option 3 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 922160 - Fire Protection

12.00 EA ________________ ________________

Fixed kitchen System ITM Contract Period: Option 3 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 922160 - Fire Protection

Semi-annual inspection, testing and maintenance of 2 clean agent systems (FM-200 and Sapphire system.)

Contract Period: Option 3 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 922160 - Fire Protection

20 new ABC dry chemical fire ext.

Contract Period: Option 3 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 922160 - Fire Protection

Wet chemical extinguisher 5 year testing and maintenance Contract Period: Option 3 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 922160 - Fire Protection

Pressurized water extinguisher 5 year testing and maintenance Contract Period: Option 3 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 922160 - Fire Protection

42.00 EA ________________

Carbon Dioxide 5 year testing and maintenance Contract Period: Option 3 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 922160 - Fire Protection

65.00 EA ________________

ITM of fire extinguishers (dry chemical) ABC extinguishers require 6- or 12-year service Contract Period: Option 4 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 922160 - Fire Protection

Fixed kitchen System ITM Contract Period: Option 4 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 922160 - Fire Protection

Semi-annual inspection, testing and maintenance of 2 clean agent systems (FM-200 and Sapphire system.)

Contract Period: Option 4 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 922160 - Fire Protection

20 new ABC dry chemical fire ext.

Contract Period: Option 4 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 922160 - Fire Protection

6.00 EA ________________

Wet chemical extinguisher 5 year testing and maintenance Contract Period: Option 4 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 922160 - Fire Protection

Pressurized water extinguisher 5 year testing and maintenance Contract Period: Option 4 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 922160 - Fire Protection

9.00 EA ________________

Carbon Dioxide 5 year testing and maintenance Contract Period: Option 4 POP Begin:

POP End:

PRINCIPAL NAICS CODE: 922160 - Fire Protection

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

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS

JAN 2017

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 (DEVIATION) 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

52.244-

6DEV

SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES

OCT 2025

852.203-70 COMMERCIAL ADVERTISING MAY 2018

852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL

MAY 2020

852.211-70 EQUIPMENT OPERATION AND MAINTENANCE NOV 2018

MANUALS

852.211-72 TECHNICAL INDUSTRY STANDARDS NOV 2018

852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS NOV 2018

C.3 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.4 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.5 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 similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause—

[X] By the end of the base term of the contract and then by the end of each subsequent option period; or

[] By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

(1) In a joint venture comprised of a small business protégé and its mentor approved by the

Small Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protégé in the joint venture must be more than administrative functions.

(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.

(End of Clause)

C.6 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

(a) Definitions. As used in this clause—

American Security Drone Act-covered foreign entity means an entity included on a list that the

Federal Acquisition Security Council (FASC) develops and maintains and publishes in the

System for Award Management (SAM) at https://www.sam.gov (section 1822 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., f iber optic, coaxial cable, Ethernet).

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance

Limited.

Covered article, as defined in 41 U.S.C. 4713(k), means:

https://www.sam.gov

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153);

(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or

(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means—

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE

Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means—

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of

Federal Regulations, and controlled—

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal

Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part

121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export

Control Reform Act of 2018 (50 U.S.C. 4817).

FASC-prohibited unmanned aircraft system means an unmanned aircraft system manufactured or assembled by an American Security Drone Act—covered foreign entity.

FASCSA order means any of the following orders issued under the Federal Acquisition Supply

Chain Security Act (FASCSA) requiring removing covered articles from executive agency information systems or excluding one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201-1.303(d) and (e):

(1) The Secretary of Homeland Security may issue FASCSA orders that apply to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of

FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.

(2) The Secretary of Defense may issue FASCSA orders that apply to the Department of

Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.

(3) The Director of National Intelligence (DNI) may issue FASCSA orders that apply to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a

DNI FASCSA order.

Information technology, as defined in 40 U.S.C. 11101(6)—

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—

(1) The Office of the Director of National Intelligence;

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the

Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;

(9) The Bureau of Intelligence and Research of the Department of State;

(10) The Office of Intelligence and Analysis of the Department of the Treasury;

(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or

(12) Such other elements of any department or agency as may be designated by the

President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.

Interconnection arrangement means arrangements governing the physical connection of two or more networks to allow the use of another’s network to hand off traffic where…