36C24626Q0926.docx

36C24626Q0926

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

36C24626Q0926 Dave Hoover None 08-20-2026 4pm

EDT

Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton

VA

23667 X X 621330 $9 Million N/A X Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton

VA

23667 Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton

VA

23667

Department of Veterans Affairs Financial Services Center

PO BOX 149971

Austin

TX

78714-9971 512-460-5049 512-460-5221 X See CONTINUATION Page This is a firm fixed priced contract for Police Officer annual psychological evaluations at the Asheville, NC, VAMC.

See CONTINUATION Page X X Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C246

Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667

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

3. INVOICES: Invoices shall be submitted in arrears:

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

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

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Annual Psychological Evaluation Contract Period: Base POP Begin: 08-24-2026 POP End: 08-23-2027 PRINCIPAL NAICS CODE: 621330 - Offices of Mental Health Practitioners (except Physicians) PRODUCT/SERVICE CODE: Q403 - Medical - Evaluation and Screening Services

Psychological Fitness for Duty Evaluation (Employee name withheld for confidentiality)

POP Begin: 08-24-2026 POP End: 08-23-2027

Annual Technology Fee - helps cover the ongoing costs of maintaining and improving FMRTOL - including encrypted data storage, software updates, enhanced cybersecurity, and continued platform support.

POP Begin: 08-24-2026 POP End: 08-23-2027

Page 1 of Page 1 of

B.3 PERFORMANCE WORK STATEMENT

ONGOING PSYCHOLOGICAL FITNESS FOR DUTY SCREENING POLICE OFFICERS

CHARLES GEORGE VA MEDICAL CENTER (CGVAMC)

1. Introduction and Overview This statement of work will be issued under contract: Ongoing Psychological Fitness for Duty Screening for Police. This contract will secure policy mandated psychological testing and fitness for duty screening for up to 50 periodic evaluations (annual screenings of full time, armed, incumbent Police Officers), , and up to 5 Directed or Special (fitness for duty) screenings on an annual basis. These screenings are required by VHA Directive 0730(1) as described in VA Handbook 0730, Appendix A.

1.1 Background

Previous assessments for this purpose were performed by a private corporation specializing in fitness for duty screening for first responders. These were purchased as needed by VA purchase card. Recent clarification from VHA Fiscal Policy prohibits using the purchase card in this manner and a contract is now required.

1.2 Scope of Work

Contracted agency will conduct, when scheduled by the CGVAMC, Periodic Evaluations (incumbent police officer employees, up to 50 annually), and Directed or Special Examination: (Fitness for Duty/ cause of concern evaluations on incumbent police officers, up to 5 annually).

Once the appointment is scheduled, the contracted agency will ensure a qualified assessment professional will be available to conduct an interview with the employee/ candidate (one-hour average duration) to include discussing past and present life events and circumstances, sufficient to make an evaluation the subject of the interview is fit for duty in an armed law enforcement capacity.

The results of these interviews will be transmitted electronically via www.frontline.com portal to the appropriate VHA Employee Health Official within the prescribed timeline of 10 business days for all evaluations.

1.3 Objectives

· Periodic Evaluations. Periodic psychological evaluations of Police Officers recur every 12 months. Periodic or annual evaluations focus on functional requirements for maintaining the position of a VA Police Officer. A standardized interview must be conducted. Additional psychological testing will only be conducted when concerns are raised about the psychological fitness of the Police Officer during the psychological evaluation. instrumentsstruments, such as the Personal Health Questionnaire 2 (PHQ2), PTSD Screen for Primary Care (PC-PTSD), Alcohol Use Identification Test (AUDIT) or other standardized instruments, may be used if additional testing is needed. A positive response to any screening instruments is an indication that further testing is required and cannot, in and of itself, be used as grounds for the final recommendation. If the interview or the screening and assessment tools raise concern for functional ability, stability, or suitability, further psychological testing may be done.

· Directed or Special Examination. Incumbent VA Police Officers may be referred for a directed or special examination when there is objective evidence as determined by VHA Human Resources to indicate the employee’s ability to perform essential job functions may be compromised. The contracted agency will conduct such evaluation in the same manner as a periodic evaluation with the context of special circumstances covered in the interview. Additional testing will be conducted as described for periodic evaluations.

1.4 Period of Performance

This contract covers evaluations conducted during a 12 month period.

2. References All applicable documents referenced in this PWS are listed below. Where appropriate, a brief note should be provided to indicate the relevance of the document. Reference any specific requirements with regard to the use of these documents in performing the work under this PWS.

3. Requirements

a. Evaluations shall be conducted only by licensed psychologists and psychiatrists who are qualified by their education, training, and experience to conduct psychological assessments. These individuals must have expertise in clinical assessment as well as the assessment of normal personality characteristics relevant to personnel selection.

b. Psychologists and psychiatrists who are qualified by their education, training, and experience to conduct psychological assessments. These individuals must have expertise in clinical assessment as well as the assessment of normal personality characteristics relevant to personnel selection.

c. Dual relationships are prohibited. All dual relationships have the potential to reduce objectivity or violate the necessary boundaries between a clinician and an applicant or employee which may also have ethical implications. In this context, dual relationships are relationships in which VA psychologists or psychiatrists concurrently participate in two or more role categories with an applicant or employee. Such dual relationships may be benign (as when both are members of the same social group) or exploitive (e.g., a sexual relationship), but all dual relationships have the potential to cause harm and violate the necessary boundaries between a VA Police Officer or applicant and a VA examiner, which may also have ethical implications.

(1) VA or contracted psychologists or psychiatrists may not perform psychological evaluations with any Police Officer or applicant they are treating in any setting.

(2) In cases of dual relationship or conflicts of interest, the following evaluation alternatives may occur contracting; assignment to another qualified examiner; cross-facility evaluations; evaluation by psychologists or psychiatrists employed by other Federal agencies or another alternative that the VA medical facility may identify.

d. Examiners must be familiar with VA policies relevant to the evaluation and selection of Police Officers. Examiners must also be knowledgeable in employment law impacting the administration of these types of personnel evaluations, including but not limited to the Americans with Disabilities Act As Amended (ADA/ADAAA), Uniformed Services Employment and Reemployment Rights Act (USERRA}, Genetic Information Nondiscrimination Act (GINA), Age Discrimination in Employment Act (ADEA), Health Insurance Portability and Accountability Act (HIPAA), the Rehabilitation Act of 1973 and The Privacy Act of 1974

e. Performance of psychological evaluation of Police Officers must be included in VA employee's privileges. The VA medical facility must develop a standardized process for evaluating competence, in accordance with VA and VA medical facility policy.

3.1 Tasks

The contractor shall conduct the following tasks:

Task #1: Periodic Evaluation:

• Desired Methodology & Specifications:

(1) The psychological evaluation shall focus on the functional requirements for the position of VA Police Officer, as well as suitability and stability for the role. Information about the required duties, responsibilities, working conditions, and other psychologically relevant job characteristics should be obtained from Human Resources or the VA medical facility EOH prior to beginning the psychological evaluation. The psychological evaluation should focus on identifying skills, behaviors, attributes and other personal characteristics associated with effective and counterproductive job performance.

(2) The evaluation of VA Police Officer applicants and employees must include a review of the individual’s history that is pertinent to the purpose of the evaluation.

(3) The evaluation of the functional requirements for the position of VA Police Officers must be done using the constructs provided by the ten empirically derived psychological screening dimensions developed by the California Commission on Peace Officers Standards and Training (POST) Psychological Screening Manual. The POST manual is recognized as the leading best practice in the field of psychology evaluations of Police Officers. These dimensions, described in detail in the Evaluation Report Template in Appendix C, are social competence, teamwork, adaptability/flexibility, conscientiousness/dependability, impulse control/attention to safety, integrity/ethics, emotional regulation/stress tolerance, decision-making/judgment, assertiveness/persuasiveness and avoiding substance abuse/other risk-taking behavior. Details on the development, definitions, and use of these psychological screening dimensions are available in the California POST Officer Psychological Screening Manual, which can be obtained at no cost at https://post.ca.gov/peace-officer-psychological-screening-manual.

• Specifications: The contracted agency will submit a recommendation report with discussion of the issues to be included in the Employee Medical Folder. For Pre-Employment Evaluations, this report will be transmitted to the CGVAMC Employee Health Service via the contracted agency’s portal within 10 business days of the evaluation. The designated point of contact for Employee Health will be given access to review and download the report electronically through this portal.

• Data: The contracted agency will have all candidates and officers sign a release of information and informed consent waiver prior to conducting their assessment. All data will be maintained consistently with VHA Privacy policies and HIPPA. The recommendation report may not be disclosed to anyone without a written release of information from the applicant or employee unless such disclosure is authorized under the Office of Personnel Management/Govt-10, Employee Medical File System Records requirements.

• Place/Travel: Efforts will be made to conduct all interviews via remote communications technology. When an in-person interview is required, every effort will be made to conduct the interview within 50 square miles of the CGVAMC main facility. Scheduling will be coordinated with the designated point of contact for the CGVAMC Police Service.

Task #2: Directed or Special Evaluation:

• Desired Methodology & Specifications:

(1) The psychological evaluation shall focus on the functional requirements for the position of VA Police Officer, as well as suitability and stability for the role. Information about the required duties, responsibilities, working conditions, and other psychologically relevant job characteristics should be obtained from Human Resources or the VA medical facility EOH prior to beginning the psychological evaluation. The psychological evaluation should focus on identifying skills, behaviors, attributes and other personal characteristics associated with effective and counterproductive job performance.

(2) The evaluation of VA Police Officer applicants and employees must include a review of the individual’s history that is pertinent to the purpose of the evaluation.

(3) The evaluation of the functional requirements for the position of VA Police Officers must be done using the constructs provided by the ten empirically derived psychological screening dimensions developed by the California Commission on Peace Officers Standards and Training (POST) Psychological Screening Manual. The POST manual is recognized as the leading best practice in the field of psychology evaluations of Police Officers. These dimensions, described in detail in the Evaluation Report Template in Appendix C, are social competence, teamwork, adaptability/flexibility, conscientiousness/dependability, impulse control/attention to safety, integrity/ethics, emotional regulation/stress tolerance, decision-making/judgment, assertiveness/persuasiveness and avoiding substance abuse/other risk-taking behavior. Details on the development, definitions, and use of these psychological screening dimensions are available in the California POST Officer Psychological Screening Manual, which can be obtained at no cost at https://post.ca.gov/peace-officer-psychological-screening-manual.

• Specifications: The contracted agency will submit a recommendation report with discussion of the issues to be included in the Employee Medical Folder. For Pre-Employment Evaluations, this report will be transmitted to the CGVAMC Employee Health Service via the contracted agency’s portal within 10 business days of the evaluation. The designated point of contact for Employee Health will be given access to review and download the report electronically through this portal.

• Data: The contracted agency will have all candidates and officers sign a release of information and informed consent waiver prior to conducting their assessment. All data will be maintained consistently with VHA Privacy policies and HIPPA. The recommendation report may not be disclosed to anyone without a written release of information from the applicant or employee unless such disclosure is authorized under the Office of Personnel Management/Govt-10, Employee Medical File System Records requirements.

• Place/Travel: Efforts will be made to conduct all interviews via remote communications technology. When an in-person interview is required, every effort will be made to conduct the interview within 50 square miles of the CGVAMC main facility. Scheduling will be coordinated with the designated point of contact for the CGVAMC Police Service.

3.2 End Results/Deliverables

Each evaluation will produce, as a deliverable, an electronic suitability report sufficient for the CGVAMC Employee Health Service to make a decision regarding suitability.

Deliverable #1: (X50) Periodic Evaluation Electronic Report Deliverable #2: (X5) Directed or Special Evaluation Electronic Report

The report will be sufficient to answer either Meets the Standards or Does Not Meet the Standards along the following dimensions:

1. Social Competence: Able to communicate with others in a tactful and respectful manner and show sensitivity and concern in one’s daily interactions.

2. Teamwork: Works effectively with others to accomplish goals, as well as subordinates’ personal interests for the good of the working group and the organization.

3. Adaptability/Flexibility: Able to change gears and easily adjust to the many different, sudden, and sometimes competing demands of the job.

4. Conscientiousness/Dependability: Demonstrates diligent, reliable, conscientious work patterns, and performs in a timely, logical manner in accordance with rules, regulations and organizational policies.

5. Impulse Control/Attention to Safety: Takes proper precautions and avoids impulsive or unnecessary risky behavior to ensure the safety of oneself and others.

6. Integrity/Ethics: Maintains high standards of personal conduct, including honesty, impartiality, and trustworthiness, and abides by laws, regulations, and procedures.

7. Emotional Regulation/Stress Tolerance: Able to maintain composure and stay in control, particularly during time-critical emergency events and other stressful situations.

8. Decision-Making/Judgment: Has common sense, “street smarts,” and the ability to make sound decisions, demonstrated by the ability to size up situations quickly to determine and take the appropriate action.

9. Assertiveness/Persuasiveness: Able to unhesitatingly take control of situations in a calm and appropriately assertive manner, even under dangerous or adverse conditions.

10. Avoiding Substance Abuse and Other Risk-Taking Behavior: Avoids participation in behavior that is inappropriate, self-damaging, and can adversely impact organizational functioning.

3.2.1 List of Deliverables by Task

Task 1/ Deliverable #1: (X50) Periodic Evaluation Electronic Report Task 2/ Deliverable #2: (X5) Directed or Special Evaluation Electronic Report

The suitability data in the report is the same for all tasks.

3.3 Schedules/Milestones

The contractor shall coordinate all scheduling with the designated points of contact from the CGVAMC Police Service and Human Resources.

3.3.1 Who Does What When Report

The "Who does what when" report shall be provided by the contractor with the initial submission and again following negotiations. This report will be used by the Government to assess the adequacy of the resources proposed by the contractor to accomplish PWS.

3.4 Other Considerations

None

4. Progress/Compliance The Government requires the following from contractors to monitor progress and ensure compliance:

• Program Reviews

• Outlines and Drafts of any changes.

5. Transmittal/Delivery/Accessibility The contractor will provide 1 electronic copy of each delivery.

SPECIAL CONTRACT REQUIREMENTS

A. WORK HOURS.

The services covered by this contract shall be furnished by the contractor as defined herein. The contractor shall not be required, except in case of emergency, to furnish such services on Federal Holidays or during off duty hours as described below.

The following terms have the following meanings:

Normal working hours: Monday through Friday, 7:30 a.m. – 4:00 p.m., excluding federal holidays. The 11 holidays observed by the Federal Government are:

New Year’s Day Martin Luther King’s Day President’s Day Memorial Day Juneteenth Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Christmas

Work outside these hours must be prescheduled and approved by the COR. When one of the holidays falls on Sunday, the following Monday shall be observed as a Federal Holiday. When a holiday falls on a Saturday, the preceding Friday shall be observed as a Federal Holiday.

Smoking Policy Per VHA Directive 1085 Dated 3/15/19 All VA Health Care Facilities shall be smoke free. This directive applies to all patients, visitors, contractors, volunteers, and vendors.

B. BILLING AND PAYMENT.

To allow time for review and acceptance of reports and all services, the Contractor shall invoice monthly in arears with proper invoice.

Invoices shall include at a minimum:

· Date of invoice

· Contract Number

· Purchase Order Number

· Vendor Name

· Invoice Number

· CLIN & Date of service

C. CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS).

(a) FAR 42.1502 direct all Federal agencies to collect past performance information on contracts. The Department of Veterans Affairs has implemented use of the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted to record your contract performance as required by FAR 42.15

(b) The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

(c) Please furnish the Contracting Officer with the name, position title, phone number, and email address for each person designated to have access to your firm’s past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether the Contractor agrees with the evaluation, before returning the report to the Assessing Official. The report information must be protected as source selection sensitive information not releasable to the public.

(d) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, system requirements, and training information for CPARS are available at www.cpars.gov. The CPARS User Manual, registration for online training for Contractor Representatives may be found at this site.

(e) Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation and the report will be accessible at www.cpars.gov Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official’s narrative and should provide your views on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives, blocks 1-17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection evaluations. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating, “No Comment” in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 30 days, it will automatically be returned to the Government and will be annotated: “The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment.” Your response is due within 30 calendar days after receipt of the CPAR.

(f) The following guidelines apply concerning your use of the past performance evaluation:

(1) Protect the evaluation as “source selection information.” After review, transit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the Contracting Officer for instructions.

(2) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

(3) Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determination, production readiness reviews, or other similar purposes.

(g) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 30-day review period.

(h) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been completed.

D. QUALITY CONTROL

The Contractor shall develop a Quality Assurance Plan (QAP) which will provide the Contractor’s strategy for monitoring performance internally, providing performance information to the Government, and reporting in compliance with the PWS. Within the QAP, the Contractor shall propose and maintain an established reporting system to promptly notify VA of any problems, issues, risks, or concerns with workflow performance, programmatic improvement, security, and schedule adherence. Quality control is the exclusive responsibility of the Contractor. The final plan shall be submitted to the CO and COR within 30 days of contract award.

E. BACKGROUND INVESTIGATIONS

A full background check is not required for this position; however, all contract employees must bring photo identification and advance notice from the required service to obtain a VA Badge in order to work on a VA Facility. Upon award, the CO shall provide the contractor with detailed instructions on fulfilling security requirements. If the contract involves work on a federal project, then all workers will be E-Verified to check employment eligibility of workers against government databases.

F. CONTRACT ADMINISTRATION

Notwithstanding the Contractor's responsibility for total management during the performance of this contract, the administration of the contract will require maximum coordination between the Government and the Contractor. The Contracting Officer is the only person authorized to approve changes or modify any of the requirements of this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitments or issue changes that shall affect price, quantity or quality of performance of this contract.

The COR/POC shall be responsible for the overall technical administration of this contract as outlined in the COR Delegation of Authority.

IN THE EVENT THE CONTRACTOR EFFECTS ANY SUCH CHANGE AT THE DIRECTION OF ANY PERSON OTHER THAN THE CONTRACTING OFFICER WITHOUT AUTHORITY, NO ADJUSTMENT SHALL BE MADE IN THE CONTRACT PRICE TO COVER AN INCREASE IN COSTS INCURRED AS A RESULT THEREOF

POINTS OF CONTACT

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 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

(End of Clause)

C.3 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.4 52.240-92 SECURITY REQUIREMENTS (DEVIATION)…