36C24525Q0606_RFQ__.pdf

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H946--AMENDMENT TO RFQ - UPDATE NAICS CODE TO 561210 581-25-4-523-0146
Solicitation number
36C24525Q0606
Issued by

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This is a Request for Quotes (RFQ) for clinical water testing services issued by the Department of Veterans Affairs for the Hershel "Woody" Williams VA Medical Center located in Huntington, West Virginia. The solicitation (36C24525Q0606) seeks a contractor to provide comprehensive water testing for various clinical services including dental, dialysis, and sterile processing departments, with a base year and four optional years. The testing requirements include heterotrophic plate counts, LAL/endotoxin testing, ST-108 water testing, pH, conductivity, alkalinity, hardness, ionic contaminants, total organic carbon, and AAMI hemodialysis water profile testing.

Key details include a solicitation issue date of July 2, 2025, with quotes due by July 17, 2025 at 10:00 AM EST via email. The contract is set aside as a 100% small business opportunity with a NAICS code of 541380 and a size standard of $19 million. The contract will require the selected vendor to have environmental microbiology accreditation, CDC ELITE certification, and the capability to perform multiple types of water quality testing across different medical facility departments. The testing will support the medical center's patient safety objectives during ongoing facility renovations and equipment changes.

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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

581-25-4-523-0146

36C24525Q0606 07-02-2025

Bill Pratt None 07-17-2025

10:00 EDT

90C Department of Veterans Affairs

HERSHEL “WOODY” WILLIAMS VAMC

1540 SPRING VALLEY DRIVE

Huntington WV 35704

X 100

X

541380

$19 Million

N/A

X

90C

Department of Veterans Affairs Hershel “Woody” Williams VAMC

1540 Spring Valley Drive Huntington WV 25704

90C

Department of Veterans Affairs

NC0 5

Contracting Office Bldg. 101 Perry Point MD 21902

VA FSC

PAYMENT WILL BE MADE BY

FSC e-Invoice Payment Invoice must be submitted electronically http://www.fsc.va.gov/einvoice.asp Invoice Setup Information 1-877-489-6135

See CONTINUATION Page

Request for Quotes (RFQ) for CLINICAL WATER TESTING Services for the Hershel “Woody” Williams VA Medical Center Vendor will provide all supplies, labor, equipment, material and supervision to perform the work as outlined in the SOW.

Request for Information (RFI), Due NLT July 9, 2025 @ 10:00 AM EST. Sent RFI to Billie.Pratt@va.gov

Quotes Due by Thursday, July 17, 2025 @ 10:00 AM EST Email Quotes to Billie.Pratt@va.gov

Base Year, plus 4 Option Years RFQ

Must Review the Statement of Work Must Review E.2 Supplemental Instructions to Quoters

See CONTINUATION Page

X X

X 1

Billie Pratt

VA-VHA-RPOE-2024-0093

http://www.fsc.va.gov/einvoice.asp mailto:Billie.Pratt@va.gov mailto:Billie.Pratt@va.gov

36C24525Q0606

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF WORK

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

C.4 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.5 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.6 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.7 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.8 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JAN 2025) (DEVIATION FEB 2025)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 NO ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (SEP 2023)

E.2 SUPPLEMENTAL INSTRUCTIONS TO QUOTERS

E.3 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)

E.4 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.5 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS—

REPRESENTATION AND DISCLOSURES (DEC 2023)

E.6 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.7 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.8 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.9 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.10 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.11 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024) (DEVIATION

FEB 2025)

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 36C245 William.Galletta@va.gov Department of Veterans Affairs

HERSHEL “WOODY” WILLIAMS VAMC

1540 SPRING VALLEY DRIVE

Huntington WV 35704

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 COMPLETION, 30 DAYS IN ARREARS

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

http://www.fsc.va.gov/einvoice.asp

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

AMENDMENT NO DATE

mailto:William.Galletta@va.gov http://www.fsc.va.gov/einvoice.asp

B.2 STATEMENT OF WORK

HERSHEL “WOODY” WILLIAMS VAMC

1540 SPRING VALLEY DRIVE, HUNTINGTON, WV 25704

1. GENERAL INFORMATION

a. Introduction: The Hershel “Woody” Williams VAMC located at 1540 Spring

Valley Drive, Huntington, WV, 25704, provides care to more than 28,000 Veterans in both inpatient and outpatient settings. Patient safety is paramount to providing care for our Veterans. The medical center has a need to ensure water safety for numerous clinical services. Testing parameters are set forth in directives, handbooks, and other regulatory and accrediting agencies. The facility is currently renovating areas as well as changing equipment, resulting in the need of a contract to meet the testing needs.

b. Background: This procurement will establish the formation of a Base Year Plus 4 Option Year Contract, Firm Fixed Price Contract, for water testing for clinical services as outlined in the scope of work. The requirement is for a base year with four optional year extensions for a total of f ive possible years.

c. Contract Information:

i. The Contract under this SOW will have a total Period of Performance

(POP) not to exceed 5 years.

ii. The Government reserves the right to exercise all Option Years Under this contract.

d. Scope of Work:

i. The vendor will provide all supplies, labor, equipment, material, and supervision to perform the work as listed in the work requirements (section 2-work requirements) below.

ii. The vendor will have all f inal reports submitted to the PROGRAM POC email group (section 3-supporting information) in the format as outlined for each department in the work requirements (section 2-work requirements) listed below.

e. Accreditations necessary:

i. The laboratory must have environmental microbiology accreditation by a nationally recognized body, such as AIHA EMLAP, NELAP, etc.

ii. The laboratory must have the CDC ELITE certif ication.

iii. Proof of certif ication must be provided to the PROGRAM POC.

2. WORK REQUIREMENTS

a. The following testing options must be included in the BPA as separate line items.

i. Heterotrophic plate count-Dental Service

ii. Heterotrophic plate count-Sterile Processing Service

iii. Heterotrophic plate count-Dialysis Service

iv. LAL/Endotoxin Testing-Dental Service

v. LAL/Endotoxin Testing-Sterile Processing Service

vi. ST-108 Requirements: Critical Water

vii. ST-108 Requirements: Utility Water

viii. ST-108 Requirements: Start up day 1

ix. ST-108 Requirements: Start up day 2

x. ST-108 Requirements: Start up day 3

xi. pH

xii. Conductivity

xiii. Alkalinity

xiv. Hardness/Ionic Contaminants Panel

1. To include chloride, copper, manganese, and iron

xv. Total Organic Carbon

xvi. AAMI/Hemodialysis Water Profile

1. To be reported in mg/L: beryllium, aluminum, chromium, iron, copper, zinc, arsenic, selenium, silver, cadmium, antimony, barium, mercury, thallium, lead, sodium, magnesium, potassium, calcium, fluoride, nitrate (as N), sulfate, and dissolved solids

2. To be reported in megohm: resistivity

xvii. Shipping and Handling

b. Results for heterotrophic plate count will be reported in colony forming units per milliliter (cfu/ml)

c. Repeat testing will be required for each unit that fails, after remediation by the medical center.

d. Results will be reported no later than 14 calendar days from collection.

e. Specimen collection will be conducted by personnel of the medical center and submitted to the testing laboratory.

f. Instructions and supplies for collection, labeling, packaging, and shipping will be supplied by the vendor.

3. SUPPORTING INFORMATION

a. Place of performance: The Hershel “Woody” Williams VAMC located at 1540 Spring Valley Drive, Huntington, WV, 25704

i. Dental: Building 12

ii. Dialysis: Building 1S

iii. Sterile Processing: Building 2

b. Period of Performance:

i. Contract is for a base year plus four option years.

1. Base year: September 1, 2025—August 31, 2026

2. Option year 1: September 1, 2026—August 31, 2027

3. Option year 2: September 1, 2027—August 31, 2028

4. Option year 3: September 1, 2028—August 31, 2029

5. Option year 4: September 1, 2029—August 31, 2030

ii. Government holidays are excluded for testing. The vendor shall supply a list of days they are closed and not receiving samples from overnight shipping (For example, if the vendor is closed on Good Friday, the Medical Center cannot collect or ship on the Thursday before). Failure to submit a schedule of closed days, resulting in loss of samples, will not be charged to the VAMC. Repeat materials will be supplied at no cost to the

VAMC.

c. Reporting of Results: All results will be submitted via email to an email group that is comprised of the following individuals. Changes to this group will come from the Program Point of Contact and be made no later than five business days from notif ication. Names will be provided to the winning quote contractor.

i. PROGRAM POC:

ii. Alt PROGRAM POC:

iii. Dental:

iv. Dental:

v. Dialysis:

vi. Dialysis:

vii. Dialysis:

viii. SPS:

ix. SPS:

All data collected and information developed in any format, including test results, shall be considered sensitive and shall be deemed confidential property of the VA. Nondisclosure of information specified within this scope and all related information, plans, research, and technologies shall be enforced.

d. Invoicing: Invoices will be submitted monthly and paid in arrears. Each invoice must include the number of tests performed by type of testing. The line items on the invoice must match the line items on the Contract.

4. SPECIAL CONSIDERATIONS

a. Supervision/Communications. During the performance, the vendor shall be available by phone or email.

b. The Program POC is responsible for the inspection of the work called for in this job. The Program POC will be identif ied in the task order by name, telephone number and location. Inspections made by the Program POC are for the sole benefit of the Government and do not relieve the Contractor of any quality control responsibilities.

c. Contractor Furnished Materials: The vendor shall supply all supplies for collection, packaging, and shipping to conduct work as listed in the Statement of Work above.

d. The Certif ication and Accreditation (C&A) requirements do not apply, and a security accreditation package is not required. This acquisition does not involve the storage, generating, transmitting, or exchanging of VA sensitive information.

It does not require a C&A or MOU-ISA for system interconnection.

e. The facility 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 the facility 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 identif ied as required by FAR 52.227-11 through FAR 52.227-20

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

170.00 EA __________________ __________________

HETEROTROPHIC PLATE COUNT-DENTAL SERVICE

Contract Period: Base POP Begin: 09-01-2025 POP End: 08-31-2026 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services PRODUCT/SERVICE CODE: H996 - Other Quality Control, Testing, and Inspection - Ores, Minerals, and Their Primary Products

50.00 EA __________________ __________________

HETEROTROPHIC PLATE COUNT-DIALYSIS

Contract Period: Base POP Begin: 09-01-2025 POP End: 08-31-2026 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

225.00 EA __________________ __________________

HETEROTROPHIC PLATE COUNT-STERILE PROCESSING

CRITICAL WATER

Contract Period: Base POP Begin: 09-01-2025 POP End: 08-31-2026 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

35.00 EA __________________ __________________

UTILITY WATER

Contract Period: Base POP Begin: 09-01-2025 POP End: 08-31-2026 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

ENDOTOXIN TESTING-DIALYSIS

Contract Period: Base POP Begin: 09-01-2025 POP End: 08-31-2026 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and

Services

ENDOTOXIN TESTING-STERILE PROCESSING CRITICAL

WATER

Contract Period: Base POP Begin: 09-01-2025 POP End: 08-31-2026 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

12.00 EA __________________ __________________

AAMI ANALYSIS-DIALYSIS

Contract Period: Base POP Begin: 09-01-2025 POP End: 08-31-2026 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

4.00 EA __________________ __________________

ST108-DAY 1 TESTING CRITICAL WATER

Contract Period: Base POP Begin: 09-01-2025 POP End: 08-31-2026 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

ST108-DAY 1 UTILITY WATER

Contract Period: Base POP Begin: 09-01-2025 POP End: 08-31-2026 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

200.00 EA __________________ __________________

SPS CRITICAL WATER: pH

Contract Period: Base POP Begin: 09-01-2025 POP End: 08-31-2026 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

60.00 EA __________________ __________________

SPS CRITICAL WATER: CONDUCTIVITY

Contract Period: Base POP Begin: 09-01-2025 POP End: 08-31-2026 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

SPS CRITICAL WATER: ALKALINITY

Contract Period: Base POP Begin: 09-01-2025 POP End: 08-31-2026 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

SPS CRITICAL WATER: HARDNESS

Contract Period: Base POP Begin: 09-01-2025 POP End: 08-31-2026 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

40.00 EA __________________ __________________

SPS UTILITY WATER: pH

Contract Period: Base POP Begin: 09-01-2025 POP End: 08-31-2026 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

20.00 EA __________________ __________________

SPS UTILITY WATER: CONDUCTIVITY

Contract Period: Base POP Begin: 09-01-2025 POP End: 08-31-2026 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

SPS UTILITY WATER: ALKALINITY

Contract Period: Base POP Begin: 09-01-2025 POP End: 08-31-2026 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

15.00 EA __________________ __________________

SPS UTILITY WATER: HARDNESS

Contract Period: Base POP Begin: 09-01-2025 POP End: 08-31-2026 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

10.00 EA __________________ __________________

SINGLE METAL TESTING (ALUMINUM, ZINC, IRON, ETC.)

Contract Period: Base POP Begin: 09-01-2025 POP End: 08-31-2026 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

IONIC CONTAMINANTS

Contract Period: Base POP Begin: 09-01-2025 POP End: 08-31-2026 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

TOTAL ORGANIC CARBON

Contract Period: Base POP Begin: 09-01-2025 POP End: 08-31-2026 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

LEGIONELLA

Contract Period: Base POP Begin: 09-01-2025

POP End: 08-31-2026 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

70.00 EA __________________ __________________

SHIPPING AND HANDLING (OVERNIGHT, COLD)

Contract Period: Base POP Begin: 09-01-2025 POP End: 08-31-2026 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

ADMINISTRATIVE FEE

Contract Period: Base POP Begin: 09-01-2025 POP End: 08-31-2026 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 1 POP Begin: 09-01-2026 POP End: 08-31-2027 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 1 POP Begin: 09-01-2026 POP End: 08-31-2027 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

CRITICAL WATER

Contract Period: Option 1 POP Begin: 09-01-2026 POP End: 08-31-2027

Services

UTILITY WATER

Contract Period: Option 1 POP Begin: 09-01-2026 POP End: 08-31-2027 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 1 POP Begin: 09-01-2026 POP End: 08-31-2027 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

WATER

Contract Period: Option 1 POP Begin: 09-01-2026 POP End: 08-31-2027 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 1 POP Begin: 09-01-2026 POP End: 08-31-2027 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 1 POP Begin: 09-01-2026 POP End: 08-31-2027

Contract Period: Option 1 POP Begin: 09-01-2026 POP End: 08-31-2027 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 1 POP Begin: 09-01-2026 POP End: 08-31-2027 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 1 POP Begin: 09-01-2026 POP End: 08-31-2027 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 1 POP Begin: 09-01-2026 POP End: 08-31-2027 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 1 POP Begin: 09-01-2026 POP End: 08-31-2027 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 1 POP Begin: 09-01-2026 POP End: 08-31-2027 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 1 POP Begin: 09-01-2026 POP End: 08-31-2027 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

SPS UTILITY WATER: ALKALINITY

Contract Period: Option 1 POP Begin: 09-01-2026 POP End: 08-31-2027 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 1 POP Begin: 09-01-2026 POP End: 08-31-2027 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 1 POP Begin: 09-01-2026 POP End: 08-31-2027 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 1

POP Begin: 09-01-2026 POP End: 08-31-2027 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 1 POP Begin: 09-01-2026 POP End: 08-31-2027 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 1 POP Begin: 09-01-2026 POP End: 08-31-2027 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 1 POP Begin: 09-01-2026 POP End: 08-31-2027 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 1 POP Begin: 09-01-2026 POP End: 08-31-2027 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 2 POP Begin: 09-01-2027 POP End: 08-31-2028

Services

Contract Period: Option 2 POP Begin: 09-01-2027 POP End: 08-31-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

CRITICAL WATER

Contract Period: Option 2 POP Begin: 09-01-2027 POP End: 08-31-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

UTILITY WATER

Contract Period: Option 2 POP Begin: 09-01-2027 POP End: 08-31-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 2 POP Begin: 09-01-2027 POP End: 08-31-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

WATER

Contract Period: Option 2 POP Begin: 09-01-2027

Services

Contract Period: Option 2 POP Begin: 09-01-2027 POP End: 08-31-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 2 POP Begin: 09-01-2027 POP End: 08-31-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 2 POP Begin: 09-01-2027 POP End: 08-31-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 2 POP Begin: 09-01-2027 POP End: 08-31-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 2 POP Begin: 09-01-2027 POP End: 08-31-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 2 POP Begin: 09-01-2027 POP End: 08-31-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 2 POP Begin: 09-01-2027 POP End: 08-31-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 2 POP Begin: 09-01-2027 POP End: 08-31-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 2 POP Begin: 09-01-2027 POP End: 08-31-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 2 POP Begin: 09-01-2027 POP End: 08-31-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 2 POP Begin: 09-01-2027 POP End: 08-31-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 2 POP Begin: 09-01-2027 POP End: 08-31-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 2 POP Begin: 09-01-2027 POP End: 08-31-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 2 POP Begin: 09-01-2027 POP End: 08-31-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 2 POP Begin: 09-01-2027 POP End: 08-31-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 2 POP Begin: 09-01-2027

PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 2 POP Begin: 09-01-2027 POP End: 08-31-2028 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 3 POP Begin: 09-01-2028 POP End: 08-31-2029 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 3 POP Begin: 09-01-2028 POP End: 08-31-2029 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

CRITICAL WATER

Contract Period: Option 3 POP Begin: 09-01-2028 POP End: 08-31-2029 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

UTILITY WATER

Contract Period: Option 3 POP Begin: 09-01-2028 POP End: 08-31-2029

Services

Contract Period: Option 3 POP Begin: 09-01-2028 POP End: 08-31-2029 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

WATER

Contract Period: Option 3 POP Begin: 09-01-2028 POP End: 08-31-2029 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 3 POP Begin: 09-01-2028 POP End: 08-31-2029 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 3 POP Begin: 09-01-2028 POP End: 08-31-2029 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 3 POP Begin: 09-01-2028 POP End: 08-31-2029 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and

Contract Period: Option 3 POP Begin: 09-01-2028 POP End: 08-31-2029 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 3 POP Begin: 09-01-2028 POP End: 08-31-2029 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 3 POP Begin: 09-01-2028 POP End: 08-31-2029 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 3 POP Begin: 09-01-2028 POP End: 08-31-2029 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 3 POP Begin: 09-01-2028 POP End: 08-31-2029 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

SPS UTILITY WATER: CONDUCTIVITY

Contract Period: Option 3 POP Begin: 09-01-2028 POP End: 08-31-2029 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 3 POP Begin: 09-01-2028 POP End: 08-31-2029 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 3 POP Begin: 09-01-2028 POP End: 08-31-2029 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 3 POP Begin: 09-01-2028 POP End: 08-31-2029 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 3 POP Begin: 09-01-2028 POP End: 08-31-2029 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 3 POP Begin: 09-01-2028

POP End: 08-31-2029 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 3 POP Begin: 09-01-2028 POP End: 08-31-2029 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 3 POP Begin: 09-01-2028 POP End: 08-31-2029 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 3 POP Begin: 09-01-2028 POP End: 08-31-2029 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 4 POP Begin: 09-01-2029 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 4 POP Begin: 09-01-2029 POP End: 08-31-2030

CRITICAL WATER

Contract Period: Option 4 POP Begin: 09-01-2029 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

UTILITY WATER

Contract Period: Option 4 POP Begin: 09-01-2029 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 4 POP Begin: 09-01-2029 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

WATER

Contract Period: Option 4 POP Begin: 09-01-2029 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 4 POP Begin: 09-01-2029 POP End: 08-31-2030

Contract Period: Option 4 POP Begin: 09-01-2029 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 4 POP Begin: 09-01-2029 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 4 POP Begin: 09-01-2029 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 4 POP Begin: 09-01-2029 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 4 POP Begin: 09-01-2029 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 4 POP Begin: 09-01-2029 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 4 POP Begin: 09-01-2029 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 4 POP Begin: 09-01-2029 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 4 POP Begin: 09-01-2029 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 4 POP Begin: 09-01-2029 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 4

POP Begin: 09-01-2029 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 4 POP Begin: 09-01-2029 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 4 POP Begin: 09-01-2029 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 4 POP Begin: 09-01-2029 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 4 POP Begin: 09-01-2029 POP End: 08-31-2030 PRINCIPAL NAICS CODE: 541380 - Testing Laboratories and Services

Contract Period: Option 4 POP Begin: 09-01-2029 POP End: 08-31-2030

Services

GRAND TOTAL __________________

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(a) 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.

(b) 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.

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

(d) 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 at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(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 such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, f ires, f loods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identif ication Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(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) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212- 5(b) for the appropriate EFT clause.

(4) 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 which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract f inancing or invoice payment or that the Government has otherwise overpaid on a contract f inancing 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; and

(D) Contractor point of contact.

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

(6) 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 33.211 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 32.607-2).

(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 default termination.

(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 prescribed in FAR 32.608-2 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 hereunder 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. 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 hereunder 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) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) 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; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) 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 Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(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 (u)(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.

(v) 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)

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 52.217-8 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.

(End of Clause)

C.3 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; 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 five (5) years.

(End of Clause)

C.4 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers’ liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

(End of Clause)

C.5 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT

REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001;

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identif ied in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;

(4) Invoice payment has the meaning given in FAR 32.001; and

(5) Payment request means any request for contract f inancing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI).

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office.

Submission of payment requests by mail may be required for—

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified…

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