36C24426Q0843.pdf

PAGE 1 OF1. 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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

DATED ________________________________. YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

_________1______ COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

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

460-26-3-071-0031

36C24426Q0843 08-10-2026

Michael Shull 717-228-9626 09-09-2026 12pm EDT

00244 Department of Veterans Affairs Network Contracting Office 4 Lebanon VA Medical Center

Lebanon PA 17042

X 100

X

334310

750 Employees

N/A

X

See Delivery Schedule

00244

Department of Veterans Affairs Network Contracting Office 4

Austin Payment Center Department of Veterans Affairs

PO Box 149971 Austin TX 78714-9971

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

See CONTINUATION Page

Brand Name Only i.Net Quad OP Sound Masking System

Questions are due by August 24, 2026 330 pm Est.

There is a Site Visit Wednesday August 19, 2026 at 12noon See SOW Site Visit section for specific details

See CONTINUATION Page

X

Michael Shull

X

X

36C24426Q0843

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 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

B.4 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

C.2 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS

(DEVIATION APR 2026)

C.3 52.223-23 SUSTAINABLE PRODUCTS (NOV 2025) (DEVIATION)

C.4 52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (NOV 2025)

(DEVIATION)

C.5 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

C.6 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

E.2 52.216-1 TYPE OF CONTRACT (NOV 2025) (DEVIATION)

E.3 52.237-1 SITE VISIT (APR 1984)

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)

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:

POC:_________

Phone:__________

Email:___________

b. GOVERNMENT: Contracting Officer 36C244 Department of Veterans Affairs Network Contracting Office 4 Lebanon VA Medical Center Lebanon PA 17042

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] Upon receipt, inspection and acceptance by the government

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

Tungsten Network https://www.kofax.com/products/tungsten

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

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVIC

ES

QUANTIT

Y

UNI

T UNIT PRICE AMOUNT

0001 1.00 UN ________________

SOUND MASKING FOR PAGING SYSTEM AT AC CLINIC

(parts and labor) Contract Period: Base POP Begin:

POP End:

GRAND TOTAL ________________

B.3 DELIVERY SCHEDULE

ITEM

NUMBER SHIPPING INFORMATION QUANTITY

DELIVERY

DATE

0001 SHIP TO: Atlantic County Community Clinic For Wilmington VA Medical Center New Road Lynwood, NJ 08221

USA

1.00

FOB: DESTINATION

B.4 STATEMENT OF WORK

1.0 GENERAL SCOPE

This is a brand name requirement. i.Net Quad OP Sound Masking System, to ensure compatibility with the portion that has already been installed.

The Veterans Health Administration (VHA) has a requirement for healthcare equipment for the Atlantic County Outpatient Clinic, that meet the VHA specifications and high-quality threshold, while integrating excellent environmental stewardship.

This requirement includes equipment, delivery, and installation. Service required is detailed in Section 8.0 [SV1].

The Contractor shall provide all labor, materials, equipment, transportation, and supervision necessary to satisfy the needs of each ordering activity.

2.0 PERFORMANCE REQUIREMENTS

The Contractor shall provide and be responsible for equipment delivery and installation at the Atlantic County Outpatient Clinic at 1201 New Road, Linwood, NJ 08221.

Duty hours will be 8:00 am – 4:30 pm, Monday through Friday. The Government recognized US holidays are: New Year’s Day, Martin Luther King, Jr. Day, Presidents Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day. If the holiday falls on Sunday, it is observed on Monday.

Install will take place during normal duty hours for all areas except the exam rooms. The contractor should estimate install of the exam rooms to take place after hours or weekends to minimize disruptions to patient scheduling. After hours will be from 4:30 pm – 8:30 pm, Monday through Friday or 10:00 am – 4:00 pm Saturday and Sunday. The contractor must submit after hours, days and times, for approval by VA POC to ensure a VA representative is present on site.

The Contractor shall:

Coordinate and provide project management of all products and services to manage, design, order, ship, deliver and install new equipment from the manufacturer until final acceptance by the VA Interior Designer.

a. Project phasing and scheduling requirements to include planning, manufacturing, delivery, and installation.

b. The awarded partner shall not place any orders without prior consent by the VA interior designer. The awarded partner shall not place any orders in advance of the required delivery date.

c. Final order sign-off prior to manufacturer submittals must be given by the VA designer.

d. Cancellation deadlines, and any penalties to the VA, must be clearly stated in your response with a valid manufacturer contact name for confirming this information with.

e. Prepare and provide as built drawings in PDF and AutoCAD within 10 days after project completion. They will be submitted to the VA Interior Designer.

f. Provide maintenance manuals for all products specified.

g. Color-code conductors and apply wire- and cable-marking tape to designate wires and cables, so media are identified in coordination with system wiring diagrams.

a. Label loudspeakers as to channel, zone and address.

h. Perform sound-masking evaluation tests, calibration in fully furnished (unoccupied space) using sound-level meter with octave-band filters.

a. Within 2 weeks of substantial completion, provide training session for VA point of contacts on how to operate the system by a factory-authorized service representative.

b. When requested, within 4 months of substantial completion, provide on-site assistance in adjusting system to suit actual occupied conditions. Include up to 2 visits to the site during this time frame.

c. Technical Support: Beginning at the beginning of the substantial completion, service agreement to include software support for 2 years.

4.0 SITE VISIT It is strongly encouraged to attend the site visit

Site Visit Announcement

The Wilmington Veterans Affairs Medical Center (WVAMC) will hold a site visit for all offerors interested in the i.Net Quad OP Sound Masking System project, Solicitation No.

36C24426Q0843

The details for the site visit are as follows:

Date: Wednesday, August 19, 2026

Time: 12:00 PM EST

Place: Atlantic County Community Clinic 1201 New Road Lynwood NJ, 08221

RVSP: Michael Shull, Michael.Shull@va.gov and Linsey McGrath, Lindsey.Mcgrath@va.gov

Interested offerors should meet at the Atlantic County Community Clinic 1201 New Road Lynwood NJ, 08221

The site visit will include a tour of the relevant campus location.

An offeror’s decision not to attend the site visit will not preclude the offeror from submitting a quote for this project. However, additional site visits and individual meetings for this project will not be scheduled.

Offerors may submit questions for items needing clarification to the Contracting Officer via e-mail until 3:30pm, Monday August 24, 2026. If necessary, an Amendment to the Solicitation will be posted to SAM.gov on or about August 31, 2026. Quotes are are due to the Contracting Officer no later than 10:00 AM on Wednesday, September 9, 2026.

Please direct any questions regarding this procurement to the Contracting Officer:

Michael Shull Michael.Shull@va.gov 717-228-9626

Please monitor the SAM.gov website for any changes to the above dates/times.

5.0 SUBMISSION OF QUOTATION

Quote Submission: The offerors shall submit complete emailed electronic copy portable document format (.pdf) or Microsoft Excel (.xls) format. The quotes must contain the following information:

a. Product literature

b. Warranty information

c. Project staffing plan to include local dealership representation for PM and on-site reviews, verification, and other on-site meetings

a. Line items must include parts, unit price per part, part numbers/model numbers and quantities of part. Line items for design, labor, and project management

Submissions shall be emailed to Michael Shull, Michael.Shull@va.gov by the stated deadline. All proprietary information shall be clearly marked. The use of hyperlinks in quotes is prohibited.

Late quotes will not be accepted. The Contractor is responsible for confirming the Government’s receipt of the Contractor’s quote.

6.0 EVALUATION CRITERIA

This will be a lowest-priced technical award.

7.0 PRODUCT

General

All finished surfaces shall be free of scratches, mars, dents, or blemishes, and withstand staining, and exhibit to flaking, cracking, or loss or adhesion.

Equipment shall have smooth finishes with no hazardous projections, sharp corners, or detail, which can be hazardous and cause personal injury or damage to clothing.

This is a brand name requirement. This item must be from the same manufacturer as the i.Net Quad OP Sound Masking System, to ensure compatibility with the portion that has already been installed.

8.0 KICKOFF MEETING

The prime Contractor(s) shall participate in a kickoff meeting within ten (10) days of notice of award, either via teleconference or in person at the Wilmington VAMC. Time and date will be determined by VA Point of Contact.

Brand Name Only Item Specifications:

Quantity: 14,858 Square Feet Image:

Location(s):

Atlantic County Clinic, 1st and 2nd Floors Brand Name: i.Net Item Name: Quad OP Sound Masking System

This requirement includes equipment, delivery, and professional installation. The Contractor shall provide all labor, materials, equipment, transportation, and supervision necessary to satisfy the needs of each ordering activity.

Delivery: All orders shall be delivered Free On-Board (FOB) destination to the delivery address listed.

Selections:

Minimum of 6 zones per location (see floorplan for zones and locations) Ability to control zone management without any change in wiring Ability to adjust volume settings and tune from centralized system for each zone.

Tuning from 20Hz – 20kHz Ability to play music through speakers.

Paging capabilities to connect new and existing speakers throughout the entire clinic

Note: Ceilings in these locations are drop tile except for the 2 waiting room 101 and 200.

*Reference sounds masking zone plan for additional information

*Part numbers for reference:

Existing:

- G8350: i.Net Headend Rack Unit, Sound

Masking, UL2572 Tested, 1RU

- G21: Data Terminator

- G1525: 1RU i.Net Quad OP

- G545-U: i.Net Speaker, brushed aluminum housing, RJ45, universal chain New:

- G1505 i.Net MPI-2, Music Page Interface

LOCAL Rack Unit

- G1525 1RU i.Net Quad OP

- G545-U i.Net Speaker, brushed aluminum housing, RJ45, universal chain

- G950 i.Net Tangent Speaker, Ceiling

Plate, brushed aluminum housing, White grill, RJ45

- TB-4 Tile bridge for Tangent speakers

- G541Wall Mounted Indoor Dual Inline

Speaker (White) *Contractor shall verify if existing Rack Unit can be used for 2nd floor space.

General Requirements: The dates and times for delivery, receipt and installation of equipment will be established by award of a delivery order. Delivery, receiving and installation of equipment will not occur outside of normal duty hours, referenced in Section 2.0, and will not interfere with patient care.

a. The Contractor shall be made aware of and must comply with local security policies and procedures in the task order. The Contractor will comply to these standards during all site visits on Governmental property. Contractor shall contact the VA Interior Designer at least 14 days prior to work start date to ensure compliance to any local security policies.

b. The Contractor personnel shall present a professional appearance and shall have a uniform or some method of identifying them as an employee of the Contractor. A VA badge will be provided and must be worn above the waist and be visible at all times while on government property.

c. The Contractor shall ensure policies and procedures are established that protect the safety and welfare of customers, employees, and the community to minimize or eliminate safety or environmental risks.

d. The Contractor shall be knowledgeable of and shall comply with all applicable federal, state, and local laws, Building Codes, Life Safety Codes, Occupational Health and Safety Administration (OSHA), ADA/ADAG, permits, VA design standards (www.cfm.va.gov/til/dguide.asp), and instructions required for the performance of the duties in the Statement of Work (SOW).

e. The Contractor is responsible for ensuring that its firm and staff maintain any generally required professional certification, accreditation, license, bond, and proficiency relative to their area of expertise. The Contractor shall retain documentation of such records. The Government will not pay for expenses to meet this requirement.

f. The Contractor is responsible for ensuring staff are trained and certified for planning and installing product to maintain the integrity of the manufacturer’s warranty.

9.0 SERVICES

SV1 – Equipment, Design, and Installation Support Services

Design Contract Tasks/Requirements

a. The Contractor shall attend a minimum of (2) meetings online or in person at the Wilmington VAMC to review final award with VA Interior Designer and End Users and to make necessary revisions. These meetings will take place prior to submission of a final price quote.

b. During the first meeting the Contractor shall provide the VA Interior Designer with the AutoCAD drawings showing layouts of awarded equipment.

c. The Contractor shall allow for two revisions per line item included in design services.

Services should include updating drawings and PDFs as requested by VA Interior Designer.

d. The Contractor shall be responsible for all field measurements whether in existing spaces or new construction. Contractor shall not rely on AutoCAD drawings for final measurements. The Contractor shall be liable for any incorrect field measurements leading to incorrect equipment order. Services shall include site evaluation prior to the ordering of equipment, to ensure proper fit and quantity within the given space and that all structural and other anomalies are accounted for.

e. The product must not be placed into production without clearance, in writing from the VA Interior Designer.

f. The Contractor shall provide final, clean, to scale drawings of product layout for sign-off prior to scheduling manufacturing.

g. The Contractor shall track manufacturing schedule and notify VA Interior Designer with updates of estimated completion date and/or delays by email.

h. Contractor shall perform installation services per task order SOW. The Contractor shall provide all necessary materials, equipment, labor, supervision, and management to: (A) coordinate delivery: (B) load and unload; (C) place/install items in designated rooms/locations; (D) assemble items as required; (E) secure as designated; and (F) properly dispose of all associated packing/crating materials outside the VA premises.

(G) The Contractor must keep all work areas clear of trip hazards while work is being completed during normal duty hours.

i. Contractor must provide a project manager. Project management services to include a minimum of (2) pre-install site visits and (1) post-install meeting with the VA Interior Designer to assess, address and document any punch-list items and shall submit to the VA Interior Designer a remediation plan within 5 business days.

The project manager will notify the VA Interior designer with updates of estimated completion date by email.

j. The Contractor shall be familiar with VA campuses and various VA Outpatient Clinics, regulations, loading dock locations and hours of operations.

k. The Contractor must provide Proof of Insurance.

l. The Contractor shall provide 30 days free storage.

The Government maintains the option to modify the normal work week, days, and hours, as necessary for the accomplishment of VHA mission.

Protection of Property

a. The Contractor shall perform an inspection of the buildings and grounds with the VA Interior Designer prior to commencing work. The contractor shall protect all items from damage. The Contractor shall take precaution against damage to the buildings, grounds, and furnishings. The Contractor shall repair or replace any items related to buildings or grounds damaged accidentally, or on purpose due to actions by the Contractor, utilizing materials of the same quality, size, grade, and color, to match existing work.

b. To ensure that the Contractor shall be able to repair or replace any items, components, on the buildings or grounds damaged due to negligence and/or actions taken by the Contractor. The Contractor shall communicate with the VA Interior Designer to resolve all repairs beyond simple surface cleaning. Concurrence of the VA Interior Designer is required before the Contractor may perform any significant repair work. In all cases, repairs shall utilize materials of the same quality, size, texture, grade, and color to match adjacent existing work.

c. The Contractor shall be responsible for the security of the areas in which the work is being performed at all times prior to completion. The Contractor shall maintain accountability and control of any keys provided and shall return them to the VA Interior Designer upon completion of the work.

d. Contractor shall provide floor protection while working in all VA facilities. All material handling equipment shall have rubber wheels.

Delivery

Proposed items to be delivered and received by Logistics.

Delivery Address Atlantic County Outpatient Clinic 1201 New Road Linwood, NJ 08221

Dock Info: Atlantic County Clinic does not have a loading dock. No equipment can be shipped directly to site. The contractor is responsible for receiving products and delivering them to site.

a. The project manager shall conduct a site visit with the VA Interior Designer at least 14 business days prior to the start of work/shipping to ensure that the building is ready for install.

b. In the event there is a delay in delivery, the Contractor must notify the assigned VA Interior Designer immediately in writing, preferably via email.

c. Contractor shall provide the VA Interior Designer with scheduled date and time that the delivery truck will be arriving at least 24 hours minimum in advance.

d. Contractor must ensure that the driver of the delivery vehicle has copies of the Bill of Materials/delivery orders and shall not attempt to deliver any items before the scheduled delivery date.

e. Contractor must be bonded and insured in accordance with standard commercial practices and state requirements for vehicles and trailers.

Receive and Unload

a. If the Contractor is unable to complete the assembly and placement of all unloaded items before the end of the workday, the Contractor will be responsible for moving these items to a secure location, until the next available work day. The Contractor will be responsible for moving the items from the overnight storage site to its designated position in the building.

b. The Contractor shall verify and inspect all items. All deficiencies (damage/overage/shortage) shall be brought to the attention of the assigned VA Interior Designer in writing, preferably via email, immediately upon identification.

c. The Contractor shall store damaged items in the location designated by the VA Interior Designer. The Contractor shall maintain a complete file of all documents relating to each discrepancy and copies of all Discrepancy Reports shall be forwarded to the VA Interior Designer, daily.

d. Contractor shall repair or coordinate with the VA Interior Designer/COR for replacement of damaged, defective, or missing items.

Assembly and final acceptance

a. Contractor shall be responsible for all safety and security guidelines within the area in which work is being performed, to include securing any Contractor- owned tools or equipment, and any on-site storage being utilized.

b. The Contractor shall install all items in accordance with each requirement statement and basic component floorplan, panel plan and electrical plan, designed and provided by the Contractor with each task order.

c. Contractor shall uncrate all items received and perform all required assembly in accordance with the manufacturers’ instructions.

d. Contractor shall prevent its personnel from entering any area other than the designated work area.

e. The Contractor shall maintain a means of egress within all designated work areas to comply with fire codes.

f. Contractor shall inspect to ensure that the equipment is free of surface dirt, clean and polished, free of defects, and that the installation is complete and ready for use.

g. The Contractor shall do a final walkthrough with VA Interior Designer.

Jobsite Cleanliness

a. Contractor will be responsible for the removal and disposal of all trash/debris connected with uncrating and assembling all items installed under this contract.

b. Final Acceptance by the Government will not occur until all installed items have been wiped cleaned and debris/dust connected with installation is removed from the VA site.

c. Recyclable cardboard products shall be disposed of in accordance with applicable statutes, in respective containers. The Contractor is responsible for providing trash containers at an offsite facility.

d. Packing materials will not be stored in the buildings for any period exceeding 24 hours.

e. The Contractor shall ensure its personnel eat and drink in designated areas. This is a smoke-free facility.

f. Personal trash (food wrappers, drink containers, etc.,) shall be removed from the site daily by the Contractor.

10. RECORDS MANAGEMENT OBLIGATIONS

A. Applicability

This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

B. Definitions

“Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

The term Federal record:

1. includes VHA records.

2. does not include personal materials.

3. applies to records created, received, or maintained by Contractors pursuant to their VHA contract.

4. may include deliverables and documentation associated with deliverables.

C. Requirements

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. VHA and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of VHA or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to VHA. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records, or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to VHA control, or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

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

7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with VHA policy.

8. The Contractor shall not create or maintain any records containing any non-public VHA information that are not specifically tied to or authorized by the contract.

9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

10. The VHA owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which VHA shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

11. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VHA -provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

General Requirements Checklist [ ] Submission emailed to: Michael.Shull@va.gov [ ] All files provided in PDF or Excel format [ ] No hyperlinks included [ ] Proprietary information clearly marked [ ] Offeror has confirmed Government receipt of submission [ ] Period of performance from notice of award to final installation

Volume 1 – Technical Submission

Manufacturer Product Specifications [ ] Complete technical specifications included

Product Literature [ ] Product brochures/data sheets included

Warranty Information [ ] Warranty documentation included

Project Staffing Plan [ ] Staffing plan attached Name of local dealership PM: __________________________________ On-site review contacts: _______________________________________ Verification/support contacts: __________________________________

Volume 2 – Pricing Submission

Price Quote [ ] Complete quote provided

Parts quantity and price per unit_____________________________ Design cost: _________________________________________________ Labor cost: ___________________________________________________ Project management cost: _____________________________________

[END OF DOCUMENT]

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (OCT 2025) (DEVIATION)

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

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

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

and

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

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

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

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. Examples of occurrences include acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall—

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

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

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

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

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

(i) Payment—

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

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

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

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

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

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

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

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

(D) Contractor point of contact; and

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

(5) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the

Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

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

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

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

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR part 32).

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.

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

chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

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

(4) Addenda to this solicitation or contract,

(5) Solicitation provisions incorporated in the solicitation.

(6) Other paragraphs of this clause.

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

(8) The specification.

(s) Unauthorized obligations.

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

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

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

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

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

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

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

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

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

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

(End of Clause)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

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

C.2 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL

CONTRACTORS (DEVIATION APR 2026)

(a)Definitions. As used in this clause—

Program participation means membership or participation in, or access or admission to:

training, mentoring, or leadership development programs; educational opportunities; clubs;

associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.

Racially discriminatory diversity, equity, and inclusion (DEI) activities means disparate treatment based on race or ethnicity in the recruitment, employment (e.g., hiring, promotions), contracting (e.g., vendor agreements), program participation, or allocation or deployment of an entity's resources.

(b) In connection with the performance of work under this contract, the Contractor agrees as follows:

(1) The Contractor will not engage in any racially discriminatory DEI activities;

(2) The Contractor will furnish all information and reports, including providing access to books, records, and accounts, as required by the Contracting Officer, for purposes of ascertaining compliance with this clause;

(3) In the event of the Contractor's or a subcontractor's noncompliance with this clause, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor or subcontractor may be declared ineligible for further Government contracts;

(4) The Contractor will report any subcontractor's known or reasonably knowable conduct that may violate this clause to the Contracting Officer and take any appropriate remedial actions directed by the Contracting Officer; and

(5) The Contractor will inform the Contracting Officer if a subcontractor sues the Contractor and the suit puts at issue, in any way, the validity of this clause.

(6) The Contractor recognizes that compliance with the requirements of this clause are material to the Government's payment decisions for purposes of 31 U.S.C. 3729(b)(4).

(c) The Contractor must include the substance of this clause, including this paragraph (c), in subcontracts at any tier, including those for commercial products and commercial services, except those where the place of delivery or performance is outside the United States.

(End of Clause)

C.3 52.223-23 SUSTAINABLE PRODUCTS (NOV 2025) (DEVIATION)

(a) Definitions. As used in this clause—

Sustainable products means—

(1) A…