RFQ 36C24727Q0038.pdf

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H930--Generator Preventative Maintenance
Solicitation number
36C24727Q0038
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This is a Request for Quotation (RFQ) for emergency generator preventive maintenance and repair services at Carl Vinson VA Medical Center in Dublin, Georgia.

The contractor must perform preventive maintenance inspection and servicing (PMI&S) on twelve emergency generator units according to NFPA 110, Chapter 6 standards. Service Level I maintenance shall be performed semiannually on each unit, and Service Level II shall be performed annually. The contract includes one base year (11/01/2026–10/31/2027) and four twelve-month option years. The contractor must provide all labor, tools, equipment, and materials, including lubricants, filters, gaskets, and replacement parts. Load-bank testing using external load banks is required after PMI&S, consisting of four continuous hours at 25%, 50%, 75%, and 100% of nameplate rating. The contractor must maintain detailed maintenance records, report out-of-scope deficiencies, and provide emergency repair services available 24/7 with response within one hour and on-site support within 24 hours. Optional services including valve adjustments, injector cleaning, antifreeze changes, and belt/hose replacement require prior written authorization. Work shall be performed Monday through Friday, 8:00 a.m. to 4:30 p.m., excluding federal holidays, unless approved otherwise. The solicitation is set aside 100% for Service-Disabled Veteran-Owned Small Businesses (SDVOSB). The offer due date is October 21, 2026, at 12:00 PM EDT, with a mandatory site visit on October 9, 2026, at 10:00 AM EST. Total contract value is estimated at $12.5 million. Invoices must be submitted electronically upon completion of work. Payment will be made by electronic funds transfer to the VA Financial Services Center in Austin, Texas.

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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

557-27-1-5151-0021

36C24727Q0038 10-01-2026

Stanley Turner 205-984-0594 10-21-2026

12:00pm EDT

Department of Veterans Affairs

VISN 7 Network Contracting Office

LaVista Business Park - Bldg A

2008 Weems Road

Tucker GA 30084

X 100

X

811310

$12.5 Million

NET 30

N/A

X

Carl Vinson VA Medical Center

1826 Veterans Blvd

Dublin GA 31021

VISN 7 Network Contracting Office

LaVista Business Park - Bldg A

2008 Weems Road

Tucker GA 30084

FMS-VA-2(101)

Financial Services Center

PO Box 149971

Austin TX 78714-9971

See CONTINUATION Page

Subject: Generator Preventative Maintenance

Please reference RFQ# 36C24727Q0038 and Title on ALL email correspondence, and submission documents.

Site Visit is scheduled for OCT. 09, 2026, at 10:00am EST

Meeting location is 1826 Veterans Blvd, Dublin, Georgia.

To be considered, please Complete Fill-in Clause

VAAR 852.219-75, Provisions 52.209-2.

Contracting POC: Contract Specialist, Stanley Turner

Stanley.turner@va.gov

Questions regarding this solicitation shall be submitted no later than OCT. 13, 2026, at 12:00 PM EST, unless determined to be in the best interest of the Government as deemed by the Contracting Officer. Note: Telephone requests for information will not be accepted.

See CONTINUATION Page

X X

X 01

Marcus Watts

Contracting Officer

36C24727Q0038

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 (OCT 2025) (DEVIATION)

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 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL CONTRACTORS

(APR 2026) (DEVIATION)

C.5 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.6 VAAR 852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL (MARCH 2026)

C.7 VAAR 852.204-72 PERSONNEL VETTING AND CREDENTIALING (MARCH 2026)

C.8 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-

DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

C.9 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

C.10 VAAR 852.222-71 COMPLIANCE WITH EXECUTIVE ORDER 13899

(DEVIATION)(APR 2025)

C.11 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.12 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ... 34

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 WAGE DETERMINATION

SECTION E - SOLICITATION PROVISIONS

E.1 52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS—REPRESENTATION (NOV 2015)

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

SERVICES (NOV 2021)

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

E.4 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C247

VISN 7 Network Contracting Office

LaVista Business Park - Bldg A

2008 Weems Road

Tucker GA 30084

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 [X] Upon completion of work.

c. Other []

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:

AMENDMENT NO DATE

B.2 STATEMENT OF WORK

STATEMENT OF WORK

Emergency Generator Preventive Maintenance

A. Work Statement

1. Requirement. The Contractor shall perform preventive maintenance inspection and servicing (PMI&S) on twelve (12) emergency generator units serving the Carl Vinson VA Medical Center (VAMC). Service Level I shall be performed semiannually on each unit.

Service Level II shall be performed annually on each unit.

2. PMI&S shall meet or exceed the applicable requirements for emergency generators in NFPA 110, Chapter 6, Routine Maintenance and Operational Testing, Table A-6-3, for Level I and Level II PMI&S. [VERIFY the cited edition, table, and terminology.]

3. The Contractor shall provide all labor, tools, equipment, and materials needed to perform the work in accordance with the Carl Vinson VAMC memorandum, “Vendor Control for Equipment Maintenance.”

4. The contract includes one (1) base year and four (4) twelve-month option years:

Period Performance dates

Base year 11/01/2026–10/31/2027

Option Year 1 11/01/2027–10/31/2028

Option Year 2 11/01/2028–10/31/2029

Option Year 3 11/01/2029–10/31/2030

Option Year 4 11/01/2030–10/31/2031

B. PMI&S Scope of Work and Maintenance Record

1. The scope includes the nine (9) maintenance categories and testing requirements in Table 1. The Contractor shall perform applicable Level I and Level II items.

2. The contract price shall include lubricants and coolant added during the work, as well as required replacement filters and gaskets.

3. The following are outside the routine PMI&S scope: complete antifreeze changes; valve or injector adjustments; injector cleaning; and replacement of defective V-belts or hoses.

The Contractor shall report these and other out-of-scope deficiencies identified during or immediately after PMI&S. Where a deficiency could affect safe testing, the Government will determine whether testing may proceed and whether optional work should be authorized first.

4. For each generator, the Contractor shall provide Engineering Service with a completed maintenance record showing Level I and Level II checks, readings, and results. The record shall identify problems or defective parts outside the contract scope.

C. Parts and Materials

1. The Contractor shall furnish lubricants, coolant, and cleaning supplies needed to perform the work. Products shall comply with the equipment manufacturer’s recommendations.

The Contractor shall provide Safety Data Sheets (SDS) for lubricants, coolants, solvents, and other products that VA employees may encounter.

2. Parts furnished under the contract shall meet or exceed the equipment manufacturer’s recommendations for original or replacement parts.

3. The Contractor shall remove parts and materials replaced during PMI&S or authorized optional work from VA premises. The Contractor shall also remove fuel-system, cooling-system, and lubrication-system fluids that are removed during the work.

4. The Contractor shall dispose of removed fluids in accordance with applicable EPA, federal, and State of Georgia requirements.

D. Execution and Quality Assurance

1. Before beginning work, the Contractor’s service representative shall report to Engineering Service and sign in at Building 29. Work shall be performed Monday through Friday, 8:00 a.m. to 4:30 p.m., excluding federal holidays, unless the Engineering Service Line Manager approves otherwise. At sign-in, the Contractor will receive the Vendor Control Requirements in Attachment A. When available, a VA Engineering technician or tradesperson may accompany the Contractor to monitor the work.

2. The Contractor shall notify Carl Vinson VAMC Engineering Service, or its Maintenance and Repair (M&R) alternate, at least twenty-four (24) hours before each scheduled semiannual or annual PMI&S visit.

3. Engineering Service shall designate a technical representative to coordinate and monitor the work for quality assurance. The representative shall review and sign the completed maintenance record for each generator. [VERIFY whether Government signature is an acceptance requirement and identify the authorized acceptance official.]

4. At the end of each visit, the Contractor’s representative shall sign out through Engineering Service and provide a service report containing:

• Service date

• Equipment serviced, including description, VA ID, serial number, and location

• Work performed

• Parts replaced

• Labor hours and travel time

• Purchase order number

• Out-of-scope repair recommendations and estimated costs, if applicable

E. Generator Testing Requirements

1. Load-bank testing A. After PMI&S, the Contractor shall load-bank test each generator using a step-loading process. The Contractor shall provide the external load bank. The test shall consist of four continuous hours at the following loads, each held for sixty (60) minutes:

• 25% of nameplate rating

• 50% of nameplate rating

• 75% of nameplate rating

• 100% of nameplate rating

b. The Contractor shall measure exhaust-gas temperature at each exhaust outlet on the exhaust manifold. Before testing, the Contractor shall obtain the manufacturer’s minimum exhaust-gas temperature for each engine. Measurement equipment shall have been calibrated within the preceding twelve (12) months. The Contractor shall provide calibration documentation and submit recorded test data to the COR after testing.

c. The Contractor may schedule PMI&S and load-bank testing for different units on a staggered basis, consistent with the required semiannual and annual visits. The

Contractor shall notify Engineering Service in advance which units are scheduled for each visit.

d. Before operating a generator, the Contractor shall obtain authorization from the designated Carl Vinson Engineering Service M&R supervisor or electrician for units near Buildings 2, 4, 5, 27, 82, and 89. For the generator at Building 27 and the portable generator, authorization shall be obtained from the Utility Section supervisor or the duty Utility System operator in charge. [VERIFY the listed buildings and authorization roles.]

e. The Contractor shall allow for possible delays while VA notifies affected hospital services before transferring from normal to emergency power.

F. Site Completion

1. After completing work, the Contractor shall leave each work area clean and free of debris and materials used during the work. The Contractor shall park service vehicles in areas designated by the Carl Vinson Engineering Service representative.

2. Complete external cleaning of a generator, if requested, is an optional service under Section H.

G. Contractor Qualifications

1. Upon Government request, the Contractor shall provide evidence of its ability and experience to perform the work, including:

a. A list of personnel who will perform the work, with each person’s relevant experience;

b. Names and addresses of businesses or government agencies for which the Contractor has performed comparable services; and

c. Applicable certificates and licenses held by electricians assigned to the work.

2. The Contracting Officer will consider the information provided when determining the Contractor’s responsibility.

H. Optional Services and Emergency Repairs

1. Optional services. Valve-train adjustment, injector adjustment, injector flushing or cleaning, belt and hose replacement, and complete antifreeze changes are outside routine PMI&S. The Contractor shall identify manufacturer-recommended service intervals and provide written justification when recommending these services.

2. Authorization. Optional services and major repairs shall not be performed without prior written authorization from the Contracting Officer (CO), except as expressly authorized under the emergency-repair provisions below. The Contractor shall submit a written description of the deficiency, recommended corrective action, and estimated cost.

3. Emergency repairs. The Contractor shall provide emergency repair services for covered generators and associated equipment when authorized by the CO or another Government official specifically authorized by the CO.

4. Estimate and approval. Before beginning an emergency repair, the Contractor shall provide a written estimate identifying the equipment, deficiency, proposed corrective action, estimated labor hours and rates, required parts and materials, and total estimated cost. No emergency repair may begin without prior authorization from the CO or an authorized representative.

5. Emergency response. The Contractor shall acknowledge an emergency repair request within one (1) hour and provide qualified personnel on site within twenty-four (24) hours, unless the Government authorizes otherwise. Emergency support shall be available 24 hours per day, seven days per week, including weekends and federal holidays. If the repair cannot be completed during the initial visit, the Contractor shall promptly report the equipment’s status, additional work or parts needed, and estimated restoration time.

6. Service documentation. After each emergency repair, the Contractor shall provide the designated Engineering Service representative with a report identifying the equipment, deficiency, corrective action, labor hours, parts and materials used, and final cost.

I. Generator Inventory

VA ID (EE#)

Location

Manufacturer

Model / rating

Serial number

N/A Boiler Plant (Building 27)

Caterpillar

XQ425 (425

kW)

CATXQ425CX8H00206

EE7457 Building 5 (C153-5)

Caterpillar

C18 (600 kW)

CAT00C18AT340298

EE15571 Building 2 (100-23)

Kohler

450REO2D4

(450 kW)

739500

EE15635 Building 4 (100-20)

450REO2D4

(450 kW)

739502

EE16153 Water Tank (100-82)

Cummins

DG EA-5001357

(125 kW)

ID10583636

EE30208 Building 8 (100- 21)

Generac

12493690100 (275 kW)

2108710

MX2726292 Building 71 #1 (Substation)

2000REOZDD

(2060 kW, 480 V)

3057319

N/A Building 86 (Hospice)

200REOZJF (200

kW, 120/208 V)

5GM829RVT

MX2097617 Building 10

Marathon

MTU4R012DS125

95130600682

MX2097971 Building 88

MTU OnSite Energy

MTU

4R0120DS100

95130500497

MX2726510 Building 71A #2

2000REOZMD

(2060 kW)

3393GMFP0004

N/A Building 89 Generac SD100

SD0100KG176

7D18HPLY3

3012418403

Table 1. Preventive Maintenance Inspection and Servicing Carl Vinson VA Medical Center — Dublin, Georgia For each applicable task, the Contractor shall record the result, readings, deficiencies, and any corrective action. “I” denotes Level I and “II” denotes Level II.

1. Fuel system

Level Task

I, II Check main-tank fuel level

I, II Check day-tank fuel level

I, II Check and test transfer pump

I, II Check tank vents and overflow piping for obstructions

I, II Check and inspect fuel piping from day tank to engine

I, II Check and test flexible fuel lines and connections

I Check and test solenoid-valve operation

I Lubricate day-tank float switch/manual pump

2. Lubrication system

Level Task

I, II Check oil level and add oil if necessary (limit:

1 gallon)

I, II Inspect for oil leakage and report findings

I, II Check lube-oil heater

II Change engine oil

II Change engine-oil filter and gaskets

3. Cooling system

Level Task

I, II Check coolant level and add coolant if necessary (limit: 1 gallon)

I, II Check and test antifreeze protection level

I, II Check and test diesel coolant additive (DCA)

I, II Check for adequate fresh air to radiator/cooling water to heat exchanger

I, II Check and inspect water pump

I, II Check and inspect hoses and connections

I, II Check and inspect jacket-water heater and switches

I, II Check and test air louvers, motor, and controls

I, II Check and inspect radiator and radiator cap

I, II Inspect for water leakage and report findings

I, II Check and inspect belts; adjust if necessary

II Change water filters

4. Exhaust system

Level Task

I, II Check flexible exhaust connector

I, II Inspect insulation

I, II Check and inspect the overall system for leakage

5. Battery System

I, II Check electrolyte level

I, II Clean, tighten, and inspect terminals; apply protective coating

I, II Load-test battery set

I, II Check and inspect battery charger

I, II Check battery-charger adjustment; record voltage and amperage

6. Electrical system

Level Task

I, II Check and inspect wiring for chafing where subject to movement

I, II Check and inspect transfer-switch wiring

I, II Check control-panel indicator lights

I, II

Check transfer-switch indicator lights

I, II Inspect and test engine safety shutdowns and alarms as applicable

II Remove annunciator and perform operational check

Record results for applicable functions:

• High-water-temperature shutdown

• Low-oil-pressure shutdown

• Overspeed shutdown

• Cycle crank

• Low-water-temperature alarm

• Pre-alarms

7. Prime mover

I, II Perform general inspection

I, II Check and inspect governor oil level/linkage

I, II Check governor operation and speed setting

II Change governor oil

I, II Inspect and clean air filter; report condition

8. Spark-ignited engine checklist

I, II

Check and inspect wiring

I, II

Check and inspect choke/carburetor setting

I, II Check governor operation and speed setting

II Check and inspect ignition system; report condition of distributor cap, rotor, and spark-plug wires

II Replace spark plugs, points, and condenser, as applicable

II Check and set ignition timing

II Replace air filter

9. Generator

I, II Test-run unit at actual connected load, subject to authorization from the VA Engineering representative

I, II Check and adjust voltage and frequency

I, II Record test values

I, II Test transfer operation at actual load, subject to customer authorization

I, II Restore system to automatic operation

I, II Report results to the customer

Record the following, as applicable:

Engine readings

• Oil pressure

• Water temperature

• Engine alternator voltage/amperage Generator readings (NL = no load; L = with load)

Reading No load With load

Voltage

Frequency

Amperage

Transfer-operation readings

• Time delay: engine start

• Time delay: normal to emergency

• Time delay: emergency to normal

• Time delay: cool down

• Exerciser clock: day and time Equipment and service record

• Location: ______________________________

• Make/model: ____________________________

• Serial number: _________________________

• Hours on emergency power system (EPS): __________

• Service date/time: _____________________ Additional/optional work identified or required:

• Service technician signature: __________________________ Date: __________

• VA Engineering Service representative: _________________ Date: __________ Table 1 data shall be retained for quality-assurance and Joint Commission reporting and used to support the computer printout of equipment preventive-maintenance inspections due that month. [VERIFY the required retention period, reporting purpose, and responsible party.] J. Performance Requirements

1. The Contractor shall assign competent technicians qualified and experienced in servicing the listed equipment.

2. The Contractor shall provide documentation for test equipment used to test or calibrate equipment under this SOW, including applicable calibration records.

3. The Contractor shall provide parts required for included preventive-maintenance work.

Parts for optional services or emergency repairs shall be furnished and authorized in accordance with Section H.

K. Identification and VA Regulations

1. Identification and VA Regulations

2. Contractor personnel shall wear visible identification while on Carl Vinson VAMC premises. After award, the Contractor shall contact the COR for instructions on obtaining a VA identification badge.

3. Carl Vinson VAMC is a smoke-free campus, including tobacco and electronic cigarettes.

Weapons are prohibited. Enclosed containers, including tool kits, may be subject to search.

4. Photography and video recording on medical-center premises are prohibited. Recording patients or employees is prohibited under 38 CFR 1.218(b)(23). [VERIFY the citation and applicable VA policy.]

5. Violations of VA regulations may result in enforcement action in the appropriate federal forum.

L. “VA Notice of Limitations on Subcontracting - Certificate of Compliance: To be eligible for evaluation and consideration for award, offerors must return the entire Limitations on Subcontracting Certificate of Compliance clause containing a fully completed certification at the time offers are due or the offer will be rejected and not forwarded for evaluation. In addition to completing the offeror ‘fill-in’ requirements for this clause, offerors must insert the offeror’s name in the brackets containing the following verbiage “[Insert Name of Offeror]” to have a fully completed certification.”

M. RECORDS MANAGEMENT AND CONTRACT SECURITY

A. Contractor shall comply with VA Handbook 6300.1 Records Management Procedures and VA Handbook 6500.6 Contract Security. Both can be found at:

https://www.va.gov/vapubs/search_action.cfm?dType=2 **Note: This link is the complete list of VA Handbooks and are in sequential order.

**Instructions for accessing VA Handbooks at link listed above:

• • Click on link above and once it is opened, please scroll down on the left side until you get to VA Handbook 6300.1.

• • Once there, go to the PDF Format Column and click on PDF.

• • VA Handbook 6300.1 will then ask you to open or save the document.

B. Please follow the same instructions listed above for accessing VA Handbook 6500.6.

• All contractor employees working on this requirement are required to complete mandatory annual training entitled, “VA Privacy and Information Security Awareness” and “HIPPA Training” prior to providing service for each year of the contract with copies sent to the COR for each and available for audit as requested. The course numbers are VA10203 and VA 10176. You must select that you are a contractor. Contractor employees are to self-enroll into TMS via the link: https://www.tms.va.gov/learning/user/SelfRegistrationUserSelection.do

• A VA employee will escort the contractor when contractor is required to enter/work in sensitive areas.

N. IDENTIFICATION, SMOKING AND VA REGULATIONS

The Contractor's FSE shall wear visible identification always while on the premises of the Dublin VA Medical Center. Contractor shall contact the Contracting Officer’s Representative (COR) upon contract award, to receive instructions on how to obtain a VA Identification Badge during the performance of this contract. Dublin VA Medical Center is a smoke free campus which includes both tobacco and e-cigarettes; tickets can be issued by Police Services. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court. Photography or Video on medical center premises is strictly prohibited. Additionally, pursuant to 38 CFR 1.218(b) (23) Use of recording devices of any kind to record patients or employees is strictly prohibited.

Site visit:

Location: Carl Vinson VA Medical Center

Address: 1826 Veterans Blvd, Dublin, Georgia

Zip: 31021

Date and time: Oct 09, 2026, 10:00am EST

Note of where to meet: Meeting at Building 29; if entering at the front of the facility from Veterans Boulevard, take a right onto Blackwood/Johnson Drive then take a left onto Thomas Lane then take another left onto Russell Drive and

Building 29 will be on the left at the intersection with Crowley Road.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVI

CES

QUANTI

TY

UNI

T UNIT PRICE AMOUNT

1.00 YR _______________

Description: Contractor shall provide all necessary labor, tools, equipment and materials necessary to perform preventative maintenance inspection, services and repairs on twelve (12) emergency generators as required by the Statement of Work at Carl Vinson VA Medical Center., 1826 Veterans Blvd, Dublin, GA 31021.

The contractor is required to perform PMI&S on a semi-annual basis to each unit. Each described unit shall require Service Level I semi annually, and Service Level II annually as set forth in the PMI&S contract in accordance with the SOW.

1.00 YR __________________ _______________

Description: Contractor shall provide all necessary labor, tools, equipment and materials necessary to perform preventative maintenance inspection, services and repairs on twelve (12) emergency generators as required by the Statement of Work at Carl Vinson VA Medical Center., 1826 Veterans Blvd, Dublin, GA 31021.

The contractor is required to perform PMI&S on a semi-annual basis to each unit. Each described unit shall require Service Level I semi annually, Description: Contractor shall provide all necessary labor, tools, equipment and materials necessary to perform preventative maintenance inspection, services and repairs on twelve (12) emergency generators as required by the Statement of Work at Carl Vinson VA Medical Center., 1826 Veterans Blvd, Dublin, GA 31021.

The contractor is required to perform PMI&S on a semi-annual basis to each unit. Each described unit shall require Service Level I semi annually, Description: Contractor shall provide all necessary labor, tools, equipment and materials necessary to perform preventative maintenance inspection, services and repairs on twelve (12) emergency generators as required by the Statement of Work at Carl Vinson VA Medical Center., 1826 Veterans Blvd, Dublin, GA 31021.

The contractor is required to perform PMI&S on a semi-annual basis to each unit. Each described unit shall require Service Level I semi annually, Description: Contractor shall provide all necessary labor, tools, equipment and materials necessary to perform preventative maintenance inspection, services and repairs on twelve (12) emergency generators as required by the Statement of Work at Carl Vinson VA Medical Center., 1826 Veterans Blvd, Dublin, GA 31021.

The contractor is required to perform PMI&S on a semi-annual basis to each unit. Each described unit shall require Service Level I semi annually, GRAND TOTAL _______________

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 52.217-8 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 52.222-90 ADDRESSING DEI DISCRIMINATION BY FEDERAL

CONTRACTORS (APR 2026) (DEVIATION)

(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.5 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/

FAR

Number

Title Date

52.203-5 COVENANT AGAINST CONTINGENT FEES MAY 2014

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN

FEDERAL TRANSACTIONS

JUN 2020

52.203-17 52.203-18

CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS

PROHIBITION ON CONTRACTING WITH ENTITIES THAT

REQUIRE CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS OR STATEMENTS—REPRESENTATION

NOV 2023

JAN 2017

52.203-19

52.204-7

PROHIBITION ON REQUIRING CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS

SYSTEM FOR AWARD MANAGEMENT—REGISTRATION

(DEVIATION)

JAN 2017

NOV 2025

52.204-13

52.209-2

52.209-5

SYSTEM FOR AWARD MANAGEMENT—MAINTENANCE

(DEVIATION)

PROHIBITION ON CONTRACTING WITH INVERTED

DOMESTIC CORPORATIONS—REPRESENTATION

CERTIFICATION REGARDING RESPONSIBILITY

MATTERS

NOV 2025

NOV 2015

AUG 2020

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED

DOMESTIC CORPORATIONS

NOV 2015

52.219-33 NONMANUFACTURER RULE (DEVIATION) NOV 2025

52.222-3 CONVICT LABOR (DEVIATION) NOV 2025

52.222-41

52.222-42

52.222-43

SERVICE CONTRACT LABOR STANDARDS

(DEVIATION)

STATEMENT OF EQUIVALENT RATES FOR FEDERAL

HIRES

FAIR LABOR STANDARDS ACT AND SERVICE

CONTRACT LABOR STANDARDS-PRICE ADJUSTMENT

(MULTIPLE YEAR AND OPTION CONTRACTS)

(DEVIATION)

NOV 2025

MAY 2014

NOV 2025

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

52.222-55 MINIMUM WAGES FOR CONTRACTOR WORKERS

UNDER EXECUTIVE ORDER 14026 (DEVIATION)

NOV 2025

52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706

(DEVIATION)

NOV 2025

52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN

TEXT MESSAGING WHILE DRIVING

MAY 2024

52.228-5 INSURANCE—WORK ON A GOVERNMENT

INSTALLATION

JAN 1997

52.232-1 PAYMENTS APR 1984

52.232-8 DISCOUNTS FOR PROMPT PAYMENT FEB 2002

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—

SYSTEM FOR AWARD MANAGEMENT

OCT 2018

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

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

MAR 2023

52.233-1 DISPUTES MAY 2014

52.233-3 PROTEST AFTER AWARD AUG 1996

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

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS,

EQUIPMENT, AND VEGETATION

APR 1984

52.242-13 BANKRUPTCY JUL 1995

852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE DEC 2022

852.203-70 COMMERCIAL ADVERTISING MAY 2018

C.6 VAAR 852.204-70 PERSONAL IDENTITY VERIFICATION OF

CONTRACTOR PERSONNEL (MARCH 2026)

(a) The Contractor shall comply with current Department of Veterans Affairs policy for personal identity verification of all employees performing under this contract when [physical] access to VA facilities, [and/or logical access to VA information and] [VA] information systems is required.

(b) The Contractor shall insert this clause in all subcontracts when the subcontractor’s employees will require [physical] access to VA facilities, [and/or logical access to VA information and] or [VA] information systems.

C.7 VAAR 852.204-72 PERSONNEL VETTING AND CREDENTIALING

(MARCH 2026)

(a) Definitions. As used in this clause –

VA Information system is the same as information system and means, pursuant to 38…

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